RIAs all over the country have been quite confused over the last couple of weeks. Ever since the SEC’s infamous change from “and” to “or” regarding fiduciary duty and a new ban on the use of the word for certain advisors, RIAs have been unsure about whether they are allowed to called themselves “fiduciaries”. On the one hand, the ban of the term’s use for certain groups made it seem like they could not use it, while on the other the technical definition of their duty had changed such that they no longer need to be fiduciaries to in order to comply with the SEC’s rules on defining an RIA. The SEC cleared up confusion late last week, however, saying that RIAs could continue to call themselves fiduciaries as the ban on use of the word does not apply to them, and nothing has changed to limit their use of the term.
FINSUM: While many RIAs are unhappy with the recent changes because of how they will water down the RIA brand, at least the SEC was very quick to clear up this confusion.