More On Legal & Compliancefrom The Advisor's Professional Library
- Regulatory Oversight of Investment Advisors Although the regulatory environment is in a state of flux, it is imperative that RIAs adhere to their compliance obligations. To ensure compliance, RIAs and IARs must fully understand what those obligations are.
- RIAs and Customer Identification Just as RIAs owe a duty to diligently protect their clients privacy and guard against theft, firms also play a vital role in customer identification. Although RIAs are not subject to an anti-money laundering rule, securities regulators expect advisors to address these issues in their policies and procedures.
Mary Schapiro, chairman of the Securities and Exchange Commission (SEC), said Friday that the agency will turn its attention to crafting a fiduciary duty rule for brokers, harmonization of advisor and broker rules, as well as revisions to mutual fund distribution fees under rule 12b-1 after July 21, the date marking the one-year anniversary of the Dodd-Frank Act.
Schapiro, speaking at the Investment Company Institute’s (ICI) annual conference in Washington, said that the SEC will focus on regulatory changes concerning mutual funds, particularly 12b-1 fee reform, “in tandem” with the investment advisor/broker dealer reform issues.
The SEC received more than 2,400 comments on its proposed revisions to Rule 12b-1, which Schapiro said raised “some important issues regarding 401(k) plans, disclosure issues, and creat[ing] competitive pricing that benefits investors.”
After July 21, Schapiro said, the agency will “put together a rulemaking team” to craft a rule for putting brokers under the same fiduciary standard as advisors. “We continue to seek comment” on both a fiduciary duty rule for brokers as well as harmonization, Schapiro said, adding that she has also asked SEC economists to analyze economic data that is available regarding fiduciary duty to help inform the rulemaking. While the SEC, she said, is focused on putting “in place a fiduciary duty [for brokers] that is no less stringent” than the duty under the Investment Adviser Act, the rule, she stressed must “not limit investor choice.”
As for a self regulatory organization (SRO) for advisors, which the SEC was required to study under Section 914 of Dodd-Frank, Schapiro said that while the Commission continues to explore the SRO issue, all three options put forth in the SEC’s study to Congress—one or more SROs, extension of FINRA oversight over advisors, or imposing user fees to fund advisor exams—“all require legislation to move forward.”