More On Legal & Compliancefrom The Advisor's Professional Library
- Client Commission Practices and Soft Dollars RIAs should always evaluate whether the products and services they receive from broker-dealers are appropriate. The SEC suggested that an RIAs failure to stay within the scope of the Section 28(e) safe harbor may violate the advisors fiduciary duty to clients, so RIAs must evaluate their soft dollar relationships on a regular basis to ensure they are disclosed properly and that they do not negatively impact the best execution of clients transactions.
- Agency and Principal Transactions In passing Section 206(3) of the Investment Advisers Act, Congress recognized that principal and agency transactions can be harmful to clients. Such transactions create the opportunity for RIAs to engage in self-dealing.
At a hearing conducted Tuesday by the Senate Committee on Banking, Housing, and Urban Affairs, the committee's Democratic chairman Tim Johnson, D-S.D., (left) said that tearing down the Dodd-Frank reform law of 2010 "would be dangerous and irresponsible."
Reuters reported that the hearing focusedon the independent Federal Crisis Inquiry Commission (FCIC) and its work; the bipartisan commission could not issue a unified report after its work was done, although individual members released their own findings.
Phil Angelides defended the work of the FCIC, saying that it had conducted a thorough inquiry, but Republicans have been critical of the commission. Sen. Richard Shelby, R-Ala., said the banking committee should have conducted its own investigation instead of assigning it to the FCIC. He also criticized Dodd-Frank, which Republicans have been opposed to. While Dodd-Frank was created in response to the financial crisis, the FCIC findings did not appear until after Dodd-Frank was approved.
At the hearing, Johnson said, "We cannot allow Dodd-Frank to be dismantled. We simply cannot afford to go back to the old financial system that destroyed millions of jobs and cost the economy trillions of dollars."
Shelby said in the report, "While it is unfortunate that the commission was unable to reach a bipartisan consensus on its final report, it is more unfortunate that, in the end, it did not matter."