Wealth Management
(Washington)
If there were ever a sign of things to come from the SEC, this is it. There has been a lot of speculation about how the SEC will approach enforcement of Reg BI under new chief Gary Gensler. It is widely expected that the new administration will be much tougher than under Trump. But even with that expectation, this week’s move is big. The SEC just hired the every-broker-curses-her-name longtime head of investor protection at the Consumer Federation of America Barbara Roper as a senior adviser. Roper has been by far the biggest critic of Reg BI and was the biggest proponent of the Obama era DOL Rule.
FINSUM: The SEC could not have done a better job of signaling where things are heading. Time to buckle down on your compliance and start setting aside working capital to deal with beefed up protocols and more investigations.
Going independent is one of the biggest decisions an advisor will ever make. Moving from being an employee to running your own business is a huge decision. Even simply changing firms once already independent is a major one. There are a thousand considerations beyond just the obvious—branding, client retention, compensation—and advisors need incredible support when making these decisions and even well past the initial integration with a new firm.
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*As of Aug. 17, 2019. Based on number of broker-dealer clients. Investment News.
(Washington)
Advisors and their clients have spent the whole summer dreading Biden’s tax plans. Two of Biden’s budgetary linchpins for raising taxes on the wealthy are: nearly doubled capital gains taxes and the elimination of the step-up in basis in inheritance. Until now, they had merely been proposals. However, yesterday the House Democrats passed a budgetary resolution to bring a full vote on the topic. It is expected to pass along party lines.
FINSUM: The Democrats have a very narrow path to getting this passed as part of their $3.5 tn spending package. However, if they can get every Democrat in the Senate to sign, it becomes a reality.
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(New York)
Here is a tough fact for clients to accept: the major of retirees will need long-term care as they age. From an emotional perspective, that is difficult to expect. From a financial perspective, it is even worse. The average cost of long-term care is between $53,000 to $105,000 per year. This presents a major funding challenge for retirees.
FINSUM: Advisors need to help clients come to terms with this likelihood. Long-term care insurance is a good option for this situation. This usually costs between $1,375 to $3,600 a year for a 55 year-old man, and between $2,150 and $6,4000 for a 55 year-old woman.
(New York)
The new version of the fiduciary rule which is in the works will have a major effect on many financial advisors, but most think of this from a regulatory and customer interaction perspective. However, the rule will likely have an effect on some products too. One that seems likely to surge is usage are model portfolios. Model portfolios grew in prominence as the Obama era rule ascended. They tend to benefit clients and firms alike since they save time and money for advisors and give a great deal of outsourced investing expertise to clients. Also, because of their fee structure, they tend to create predictable revenue streams without any way to accuse an advisor of preferring specific funds which could be construed as not being in their clients’ best interests.
FINSUM: This makes total sense. Model portfolios were in part driven by the first version of the DOL rule, so a resurgence of the spirit of that rule will likely make firms and advisors push even further into this product.
(Washington)
Advisors better get ready because the Trumpian era of relatively loose SEC enforcement is about to come to an abrupt end. The SEC has just appointed a new enforcement chief and his record says everything about where the Commission is heading. Gurbir Grewal, former State Attorney General for New Jersey has been appointed as the SEC’s top enforcer. Very notably, Grewal proactively proposed a uniform fiduciary standard in his home state of New Jersey, which speaks volumes about his views.
FINSUM: So the bottom line here is that this is the clearest sign yet that the SEC seems likely to rather dramatically scale up its enforcement. Many are now expecting that the SEC will define “best interest” and then employ Grewal as a strongman on enforcement.