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.
- 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.
Passage of the National Association of Registered Agents and Brokers Act (NARAB II), which would establish an insurance licensing clearinghouse for financial professionals operating in multiple states, would help retirees and boomers stay with their advisor when moving out of state.
The House Financial Services Committee approved an amendment June 20 that added NARAB II to the Terrorism Risk Insurance (TRIA) Reform Act of 2014 (H.R. 4871). The amendment was offered by Rep. Randy Neugebauer, R-Texas, and was approved by voice vote. The committee voted 32-27 to report the bill to the full House.
“With recent legislative victories in hand, it’s clear that there is unprecedented momentum and support for moving NARAB II forward this year,” Lee Covington, senior vice president and general counsel for the Insured Retirement Institute, told attendees at IRI’s Government Legal & Regulatory Conference in Washington on Monday.
IRI, he said, “will continue to work with congressional leaders to find the right legislative vehicle to get it across the finish line and off to the White House for President Obama’s signature.”
An investor survey conducted by IRI earlier this year found that 43% of investors said they are considering relocating to another state for retirement, while a separate IRI survey of baby boomers found that three in four would want to keep working with their financial planner if they relocated to another state.
The Senate passed NARAB II legislation, as part of a flood insurance bill, in late January. But while the House had already passed standalone NARAB II legislation in September 2013, it passed its own version of the flood bill without NARAB II.
IRI says that the “next opportunity” for NARAB II passage may be to include it in the legislation to extend TRIA, which will expire at year end without reauthorization.
Check out NARAB II Bill Clears Senate Banking Committee on ThinkAdvisor.