There seems to be a big misconception is the industry. That misconception is that the SEC’s best interest rule is somehow a less stringent standard than the DOL’s fiduciary rule. The core reason this is believed is that advisors understand it to be somewhere between the suitability standard and fiduciary standard in rigor. However, a new article by Benefits Pro is arguing that it is anything but. Just because the rule intentionally does not define “best interest”, the entire package is drafted in a way that makes very clear it is a fiduciary standard. SEC’s chief Jay Clayton sees it this way, saying “we’ve called it the best interest standard, but I want to be clear — for broker dealers there are core fiduciary principles embodied in that best interest standard. In fact, those fiduciary principles are, I believe, the same as fiduciary principles that are embodied in the investment adviser standard”.
FINSUM: The SEC rule seems to work by creating situations in which one is compelled to act as a fiduciary rather than defaulting to terminology that dictates so. That may be a difference in conception, but in practice it could be very similar to a fiduciary rule.