Displaying items by tag: best interest

Thursday, 29 August 2019 13:00

SEC is Making Big Changes to Rollover Regulations

(New York)

Rollovers are one of the most important and hotly contested areas of forthcoming regulation. The mostly defunct DOL rule stated that advisors need to act in the best interest of clients when dealing with rollovers only if the firm was a fiduciary. However, the big forthcoming change is that the SEC Best Interest rule essentially states that advisors AND brokers need to act in the best interest of clients all the time, but allows that disclosure of material conflicts can be sufficient to overcome any hurdles. According to Drinker Biddle & Reath, a leading wealth management law firm, “Reg BI standard of care obligation requires that a broker-dealer have a reasonable basis to believe that taking the assets out of the plan and rolling them over to an IRA is in the best interest of the participant at the time of the recommendation”.


FINSUM: So the DOL rule was very strict but fairly narrow in application, while the SEC rule is broader (encompassing brokers and fiduciaries) but less strict.

Published in Wealth Management
Tuesday, 27 August 2019 11:43

The New DOL Rule is Now “Rules”

(Washington)

In what comes as a surprise, the new iteration of the DOL rule may in fact be multiple rules bundled into a package. A lawyer from well-respected industry law firm Drinker Biddle & Reath says they have credible rumors that there will be multiple new rules, and that they will be friendly for those in the industry. The firm says that the new rules will likely be based on the old 1975 five-part test, and that the Best Interest Contract Exemption will be replaced. The new DOL package is also supposed to harmonize well with the SEC’s new Best Interest rule, which was approved in June.


FINSUM: It is good news that this rule is supposed to be more friendly to those in the industry, but it is worrying that there may be multiple rules. The more components there are to the rule, the more likely it will be that it is unclear.

Published in Wealth Management

(New York)

Is it a huge deal or not? No one seems to be able to decide. The issue at hand is that the new SEC Best Interest rule explicitly requires brokers to consider costs when recommending products to clients. That is potentially a very big change. However, some say brokers have already been doing this as part of suitability rules, so it may not change practices much. It is important to note that brokers do not need to recommend the cheapest product to clients, but they must take cost into consideration.


FINSUM: Considered in a vacuum, taking cost into consideration has long been a no-brainer. The bigger question is how the SEC decides to enforce this standard. Hindsight will always be 20-20 in an investigation and this could be a big disadvantage to brokers.

Published in Wealth Management
Wednesday, 14 August 2019 13:09

DOL Racing to Issue New Fiduciary Rule in October

(Washington)

In may seem like an eternity in market terms, but 2021 is right around the corner if you are a regulator. The DOL is reportedly racing to get a new DOL rule finalized and implemented before a new administration may takeover in January 2021. The DOL is reportedly set to release a new version of its signature rule this December. But even if it does so, experts say it will a tight push to get a rule implemented before a new administration might take over. In fact, many say the DOL will need to debut its proposal for the new rule by October in order to achieve the January 2021 deadline.


FINSUM: So we know this rule is supposed to be “harmonized” with the SEC’s rule, but there is preciously little additional information. We do think the tight timeline will push the department (which has a new chief after Acosta resigned) to issue a rule more quickly than most in our industry probably realized.

Published in Wealth Management
Wednesday, 07 August 2019 09:44

A New Best Interest Rule for Annuities

(Washington)

While it has largely gone unnoticed by the wealth management media, New York state has just enacted a new best interest rule for annuities. As of August 1st, advisors must now consider the best interests of clients before selling annuities. Additionally, annuities sellers cannot call themselves advisors unless they are licensed to do so. The rule came about to try to fill a gap after the defeat of the DOL’s fiduciary rule last year. New York follows Connecticut and Nevada in making their own best interest rules governing certain products.


FINSUM: Annuities have been cleaning up their act in the last few years, and this will be another step in the process. Best interest rules notwithstanding, we do think the improving business climate for annuities is a good thing because they make sense for many clients.

Published in Wealth Management
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