Defining ‘Best Interest’ Standard in Fiduciary Debate a Head Scratcher
Two industry trade groups and the Financial Industry Regulatory Authority came out recently with uniform best interest standards in an attempt to squelch what they say will be competing fiduciary plans to be issued by the Department of Labor and the Securities and Exchange Commission.
The SEC ‘Hasn't Been Doing Its Job for a Long Time’: Brian Hamburger
In a wide-ranging session at the Envestnet Advisor Summit in Chicago in early May, MarketCounsel's Brian Hamburger argued that one of the main regulatory and compliance issues facing advisors is the regulators themselves.
Forget Fiduciary: Real Battle Coming Over Harmonization
SEC "hasn’t been doing its job for a long time," MarketCounsel CEO Brian Hamburger says, and the DOL fiduciary controversy obscures a bigger fight ahead.
Is Fiduciary Sales an Oxymoron?
DOL and SEC need to make the distinction between sales and advice clear—and stop letting anyone other than an RIA call themselves an advisor.
An SEC Broker Fiduciary Standard May Undermine the ’40 Act
In my March 25 blog on ThinkAdvisor.com, “Will She or Won't She? Mary Jo White and the Broker Fiduciary Standard,” I voiced some concerns about SEC Chairwoman White's recent remarks at SIFMA's Legal and Compliance Seminar in Phoenix pertaining to the SEC's plans to move forward with a fiduciary standard...
Is the DOL’s New Proposal Really a New Broker Standard?
As I make my way through the DOL’s proposed rule changes for brokers, the sentence that keeps running through my mind is: “We’ve been had.”
SEC’s Ability to Deliver True Fiduciary Standard in Doubt: Report
Institute for the Fiduciary Standard says the SEC believes "conflicts are routine and acceptable — not inherently inconsistent with providing objective advice.”
The Medium Is the Message, When the Subject Is Investor Protection
The Committee for the Fiduciary Standard suggests mainstream media have an important role in investor protection, but I wonder if the emphasis is misplaced.
Restoring Trust, One Client at a Time
What a person finds humorous can be quite revealing.
A Simple Solution: Let's Call an Advisor an Adviser
Over the past year or so, many advisor industry observers have become disillusioned about the SEC's chances of complying with its Dodd-Frank mandate to create a fiduciary standard for brokers that's “no less stringent” than the 1940 Act.