More On Legal & Compliancefrom The Advisor's Professional Library
- Updating Form ADV and Form U4 When it comes to disclosure on Form ADV, RIAs should assume information would be material to investors. When in doubt, RIAs should disclose information rather than arguing later with securities regulators that it was not material.
- Conducting Due Diligence of Sub-Advisors and Third-Party Advisors Engaging in due-diligence of sub-advisors isnt just a recommended best practice it is part of the fiduciary obligation to a client. An RIA should be extremely reluctant to enter a relationship with a sub-advisor who claims the firms strategy is proprietary.
To thwart the passage of an SRO bill next year, the Financial Planning Coalition is pressing to ensure a “bipartisan bill” originates in the Senate next year allowing the Securities and Exchange Commission (SEC) to collect user fees from advisors to fund their exams “as it has a better chance of passing in the House,” says Karen Nystrom, head of public policy and advocacy for the National Association of Personal Financial Advisors (NAPFA).
Speaking at the NAPFA East conference in Baltimore on Thursday, Nystrom said that both Rep. Spencer Bachus’ bill (H.R. 4264) calling for a self-regulatory organization (SRO) and Rep. Maxine Waters’ bill (H.R. 6204) allowing the SEC to collect user fees to fund advisor exams “will resurface” next year.
Nystrom told AdvisorOne that the Coalition—comprised of NAPFA, the CFP Board, and the Financial Planning Association (FPA) —is now “seeing where our strengths are” in the Senate to ensure a user fees bill gets introduced in 2013.
The Coalition’s “advocacy has been working,” Nystrom told the audience of fee-only planners. “We are a strong force,” as the groups were able to “temporarily beat back the Bachus bill” this year.
However, Nystrom said: “We need a bipartisan bill in the Senate to get any traction on [beating] the SRO legislation. We need to advocate for legislation that keeps us with an open, transparent body” like the SEC.
While Bachus, R-Ala., will not be chairing the House Financial Services Committee next year due to term limits, Jeb Hensarling, R-Texas, will likely take over the reins. Perhaps a bit of good news is that “we’ve heard rumors that [Hensarling] is not wild about” Bachus’ SRO bill, Nystrom said. “But one never knows.”