Displaying items by tag: fiduciary rule

(Washington)

In what will surely go down as a landmark case, the state of Massachusetts is going after Scottrade in the first prosecution of misconduct under the fiduciary rule. Massachusetts says the broker held sales contests for its reps, before the acquisition by TD Ameritrade in September, which violated fiduciary standards. The state said about the prosecution that “If the Department of Labor will not enforce its own laws and rules, then the states must do what they can to protect retirees from firms who believe they can play with peoples’ life savings by conducting sophomoric contests”.

FINSUM: The developing role of states in both creating and enforcing the fiduciary rule/s is quite interesting. We are afraid the leadership vacuum currently surrounding the federal law might lead to a patchwork nightmare.

(New York)

Despite the rise of ETFs over the last few years and the weak performance of hedge funds, on average, one of the astounding things in asset management has been the staying power of the latter. Hedge funds long had a “2% and 20%” fee structure as standard, and while most discount a bit from there nowadays, fees are still very high—hundreds of times low-priced ETFs and mutual funds. Bloomberg explains that a big part of that fee goes into paying the brokers that recommend the funds. The payments go by all sorts of names, such as placement fees, payment for shelf space, and retrocessions, but the fact is they boost costs to investors.

FINSUM: Bloomberg tries to make this look dirty, but the reality is that referral fees are standard in many industries. The big question in this area is where this type of arrangement falls when the SEC debuts its new fiduciary rule?

(Washington)

Yes, yes, we know—yesterday we said the new SEC fiduciary rule would be launched in the fall, now we are saying the spring. Yes, it is confusing, but so is the whole DOL-SEC joint fiduciary rule process. A new article in WealthManagement cites two well-respected experts on the issue as saying that they expect the rule to debut within 3-5 months, which could mean either in May or July, much earlier than the autumn date we reported yesterday. However, aside from timing, there are two huge questions lingering over any new rule. Firstly, how comprehensive will the rule be; and two, will states—which are fed up with the federal government wasting time—accept the new rule, or press ahead with their own.

FINSUM: There is still a very good chance that the new rule will get smashed by political fighting and states will forge ahead in creating a national patchwork of rules.

(Washington)

Advisors have been waiting with their fingers crossed in the hopes that the DOL rule might be done away with, and in its place, a new SEC rule installed. Well, it looks like a positive outcome might be on the cards. The SEC and DOL have been working on a joint rule for a few months and now it appears the new more harmonious fiduciary rule will debut this fall. Now the caveat to this news is that these are estimated dates based on various procedural deadlines, such as the DOL’s delay expiring in summer 2019, but experts in the space agree.

FINSUM: We think the SEC and DOL will debut a rule this fall for comment, probably in late fall, and then try to implement everything by July 2019. Stay tuned.

(Washington)
Advisors need to be aware and involved, say some of the top names in the industry, because the fiduciary rule is headed in directions that nobody wanted. While the DOL rule was far from perfect, what is in the works is worse—a patchwork of dozens of individual state rules set to fragment the US wealth management market. The SEC is working on a harmonized rule, but according to the CEO of Cetera, “If you are not actively engaged in that discussion with the regulators, then you are not fulfilling your obligations to this profession. You should be getting everyone you know, every advisor you know, to be a good citizen”.

FINSUM: We don’t now how much any individual advisor can do to affect the outcome of the fiduciary rule saga, but suffice it to say that things are quite dicey right now and every little bit helps.