Displaying items by tag: best interest

Tuesday, 13 November 2018 09:23

The Fiduciary Rule is a Sleeping Giant

(New York)

The whole Fiduciary rule saga seemed to be over earlier this year, but now that couldn’t be further from reality. While the DOL seemed to gracefully fade from the limelight in March, the truth is that the rule is a “sleeping giant’ according to one industry lawyer. That giant has now woken up, as the DOL is set to release an updated version of its rule in September of next year. The big question is how the SEC rule will be affected, and whether the rules will work in tandem. In either case, advisors and brokers seem likely to see much more regulation within a year or so.


FINSUM: The other big question is whether the political changes in Washington mean the SEC rule might be scuttled in some way. We sense some big changes happening.

Published in Wealth Management
Monday, 12 November 2018 12:09

A New Fiduciary Wave is Sweeping the Country

(Washington)

One aspect of last week’s midterms that is not being discussed much, but has critical relevance for the wealth management industry is that fact that statehouses across the country swung from red to blue. Democrats won control of several state legislatures and governor seats across the nation. The impact on advisors could be large, as many more states are now much less constrained in their ability to urge for, and issue, their own fiduciary rules.


FINSUM: The massive “blue wave” did not materialize, but the gains were substantial enough that they could create some serious headaches for advisors that are in swing states. Perhaps even more concerning is how the blue House might push for a renewed federal fiduciary rule.

Published in Wealth Management

(Washington)

In what could be a very worrying sign for the industry, it is being reported today that the SEC may be inserting the word “fiduciary” in its new best interest rule. The word had been conspicuously absent, much to the chagrin of DOL rule advocates. However, the SEC’s own advisory committee now says the word should be included. The SEC’s Investor Advisory Committee saw a majority vote for the inclusion of the word and a fiduciary standard to be applied, something the SEC had diligently avoided until now. The Committee voted 16-3 in favor of the changes.


FINSUM: This seems very likely to now be included in the new rule. Does that mean it should no longer be called the BI rule, but the SEC Fiduciary Rule?

Published in Wealth Management

(Washington)

One of the big questions financial advisors may have about the midterms has not been discussed much. That question is how the midterm outcome may affect regulation, specifically regarding the SEC rule or forthcoming fiduciary rule 2.0. The answer is that in the most likely scenario—Democrats taking the House and Republicans holding onto the Senate—regulations would get tougher for the wealth management industry. Staunch fiduciary advocate Rep Maxine Waters (D-Calif.) would become the chair of the House Financial Services Committee, and would likely push for much tougher regulation. She has already railed against the new SEC rule for what she sees as a lack of strength.


FINSUM: Democrats taking the house could change the regulatory picture considerably. This seems likely to be one of the biggest risks to a Democrat victory for advisors.

Published in Wealth Management
Thursday, 01 November 2018 10:42

Advisors are Hating the New SEC Rule

(New York)

It is no secret, but new data is out showing just how much advisors don’t like the SEC’s new best interest rule. While there has been strong pushback about aspects of the rule, including its governance of the use of titles, there hadn’t been concrete data about how advisors felt about it. Well, now there is. A new survey from Fidelity shows that two-thirds of advisors say that the rule will either have a negative impact or won’t help. Only one third think it will have a positive impact. Interestingly, only 73% were actually aware of the SEC proposals in the first place.


FINSUM: The SEC rule is confusing and not well conceived. And when you combine with the updated DOL rule that is coming out in 2019, the new regulations could turn into a real headache.

Published in Wealth Management
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