Regulators are looking to get more aggressive about enforcement of Regulation Best Interest (Reg BI) which was passed in 2020. Regulators are particularly focused on sales practices to ensure that fiduciary standards are followed according to a Thomson Reuters article by Richard Satran.

Reg BI mandates that recommendations are offered with impartial advice and explanation of alternatives, including to competing firms. Along with the SEC, Reg BI has also been adopted by the Financial Industry Regulatory Authority (FINRA). 

One challenge for firms and regulators is that automated monitoring of transactions to ensure compliance is lacking. According to Parham Nasseri, VP in product and regulatory strategy at compliance software developer InvestorCOM, Inc: “Putting the risk assessments into a surveillance system for Reg BI compliance involves significantly more challenges than the kind of monitoring that systems have done in the past.” 

New elements to monitor include conflicts of interest, customer profiles, costs, alternative investments, and other client-specific factors. Along with the technological challenges, firms will have to comply with new exam requirements to comply with new sales practice rules. 

Finsum: Reg BI was passed in 2020 but regulators were slow to begin aggressive enforcement given the pandemic. This is changing and firms will be forced to rapidly update sales practices, training, and monitoring.

While the entire real estate market is struggling amid a backdrop of rising rates, stubbornly high inflation, and a banking crisis, there is no area feeling more pain than commercial real estate (CRE). This segment never fully recovered from the pandemic as many businesses and employees seem to have permanently adopted a remote or hybrid work scheme. 

Thus, commercial real estate was already struggling before the past year when these pains intensified due to a slowing economy and a hawkish Fed. However, some Wall Street analysts are seeing a contrarian opportunity in the sector despite these headwinds according to an article by Phillip van Doorn of Marketwatch.

Overall, the analyst community remains negative on the sector especially among office buildings. According to Adam Posen, President of the Peteron Institute for International Economics, office occupancy remains 30 to 40% lower than from before the pandemic. Many REITs with exposure to office buildings have already endured severe corrections. 

Another risk is the potential of spillover pain into the financial system given that there is about $400 billion of annual CRE loan maturities. Current models estimate losses in the range of 1 to 3%. 

Despite these headwinds, analysts see opportunities in the REITs with top-quartile properties and successful management teams.    

Finsum: The weakest part of the real estate market is commercial real estate. It was already struggling due to the increase in remote and hybrid work, but these pains have been compounded by rising rates and a slowing economy. 

It’s not surprising that real estate investment trusts (REITs) have endured a brutal bear market given the combination of rising rates and recent bank failures which have led to tighter credit conditions. In a recent Benzinga article, Kevin Vandenboss discusses why private real estate has performed much better.

As a result, the Real Estate Select SPDR Fund (NYSE: XLRE) is down 28.7% from its 2021 high, while the S&P 500 is down 19.6%. This underperformance has intensified in the past month with the Real Estate Select SPDR Fund down 5.2%, while the S&P 500 is up 1.4%.

Interestingly, private real estate has performed substantially better with many investments continuing to deliver positive returns. One factor is the reduced use of leverage which leads to more resilience during downturns. Another is being removed from the pressures of public markets and quarterly results often leads to better decision making.

Therefore, investors, who are interested in real estate, should consider this asset class as it can generate positive returns even during periods of poor stock market performance unlike REITs. Private real estate funds are able to focus on particular segments which remain in growth mode even amid adverse economic and financial conditions.

Finsum: REITs are mired in a bear market and their performance has worsened amid recent bank failures and the Fed’s hawkish policy. Yet, private real estate has outperformed and continues to deliver positive returns.

Given increasing volatility in financial markets, it’s not surprising that many investors are feeling nervous. According to Corebridge President Bryan Pinsky, annuities are one option for investors to reduce the volatility in their portfolios and prevent them from making rash decisions. His perspective was shared in an article by Allison Bell for ThinkAdvisor.

Corebridge Financial is ranked third in terms of individual annuity sales at $20 billion and was previously known as AIG Life & Retirement. He believes that negative emotions during volatile markets often lead investors to sell low and buy high. 

In terms of his thoughts on the current market, he said that the doubling in the yield of the 10-year Treasury note in 2022 was historically unprecedented. It’s also resulted in annuities paying out higher rates which has led to a surge in demand for these products. 

He says that the elevated market volatility since the end of 2021 have validated the use case for annuities. He also doesn’t believe it’s too late to seek downside protection and that annuities can be an integral part of any retirement portfolio with recommended allocations between 10% and 30%.

Finsum: According to Corebridge’s Bryan Pinsky, market volatility has proven why annuities are an essential part of any investors’ financial plan. Additionally, he believes that buying conditions for annuities remain attractive.

Until recently, customized portfolios were only available to high net worth individuals. But, this is now changing due to the advent of direct indexing which is giving these tools to a much wider swathe of investors according to an article from Michelle Lodge. 

Direct indexing allows investors to have more control over their money while still allowing them to benefit from the positives of indexing such as diversification, tax efficiency, and low costs. This will allow their investments to better reflect their life situations, values, and convictions. 

It’s particularly useful for those with outsized exposure to a company or an industry or those with a large base of taxable assets. For instance, a tech employee with a large number of shares and stock options could use direct indexing to purchase the S&P 500 but reduce exposure to technology stocks.

According to BlackDiamond Wealth CIO Ken Nutall, “We have two main use cases: clients who have an old portfolio of appreciated assets but want to migrate to another strategy of tax efficiently, or [those who] work at a bank and don’t want any more bank exposure in their portfolio.” 

Finsum: Direct indexing is one of the fastest growing areas of wealth management. It gives investors the benefits of index investing, while allowing customization to help clients achieve their financial goals..