Wealth Management
(New York)
Goldman Sachs has been working hard to build up its advisor business. While the firm already has very strong revenue per advisor, it is trying to build up its advisor base and boost its securities lending business. However, it has a problem—many of it advisors are jumping ship. Goldman used to be a place where advisors stuck around for years, but in the last 12 months no less than five big, high quality teams have left the firm. Two have gone to other wirehouses, three became independent. Those in the industry say more are likely to leave.
FINSUM: It looks like Goldman is experiencing the same issues as everyone else.
(Washington)
One of the big questions in the wealth management industry right now is what is next for the fiduciary rule. The rule has just suffered its first major court defeat and looks like it is down for the count. Yet, advocates are still trying to rally for it and arcane bureaucratic procedures mean outsiders have a hard time understanding how the rule can officially go away. While the DOL does not look likely to appeal the court ruling, another defendant could theoretically step in. Additionally, some argue that since it was the 5th circuit court which delivered the ruling, that its decision only vacates the rule in its region (Texas, Louisiana, and Mississippi). Some also think the DOL may drop out of working on the fiduciary rule altogether, leaving the whole thing for the SEC to manage.
FINSUM: So despite the positive ruling for those opposed to the rule, the path forward is still very uncertain. However, the likelihood of the rule ever coming into full force seems very low and the DOL says it will no longer enforce it.
(Washington)
There are a lot of articles saying that the DOL’s fiduciary rule is on its last legs (and we aren’t sad about it). However, the reality is that despite the ruling, the DOL’s infamous rule lives on. Even if it does not stay in its current form (which seems likely), the fiduciary focus the rule brought to the industry is going nowhere, and the coming SEC rule will likely take what the DOL did to even greater lengths (but hopefully more convincingly). As an example of how the spirit of the rules lives on, here is a comment from the CEO of the Investment Adviser’s Association, who says “Now, are you really going to send a letter to your clients saying, never mind I'm not going to act in your best interest? No. No, it's too late. So some of this is not going to change in real life”.
FINSUM: Fiduciary duty is here to stay but the “fiduciary rule” is not. We think that could be a win for all parties.
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(New York)
Goldman Sachs is in the middle of beefing up its wealth management business. It is adding advisors and trying to boost AUM. The division is very small compared to competitors, but its advisors have very high average revenue ($4.5m vs $1.1m at Morgan Stanley). Now, it is also boosting its securities-based lending offering. Through a program called GS Select, the firm aggregates other wealth managers and makes loans of between $75k to $25m to their clients, all backed by the securities held in the portfolio of the borrower. The program was just joined by LPL, which is now one of 40 firms participating in GS Select.
FINSUM: Aggregating other wealth managers to provide lending sounds very profitable. Evidently GS is also allowing much smaller managers onto the platform.
(Washington)
Advisors should breath a sigh of relief today. Following the fiduciary rule’s resounding court defeat last week, the DOL has done what the industry has been hoping it would—accept the decision. Following the ruling, the DOL now says it will not enforce the fiduciary rule in any way. A DOL agency spokesman said clearly “Pending further review, the [Labor Department] will not be enforcing the 2016 fiduciary rule”. The DOL will also very likely not challenge the court’s ruling.
FINSUM: Given that this is an entirely new DOL versus the one that drafted the rule under Obama, their behavior makes total sense. The way is finally nearly cleared for a new rule.
(Washington)
The ruling against the DOL’s fiduciary rule last week threw a monkey wrench into everyone’s assessment of the future of the rule. While the DOL looked less likely to ultimately implement it, the big worry was that the ruling might dissuade the SEC from getting involved in the space. Well, it appears there is no immediate reason for concern, as SEC head Jay Clayton went on the record yesterday to clarify his agency’s position. Clayton said the ruling “hasn’t affected the way I’m approaching this … I haven’t had any discussions with DOL about what it means from a broader perspective of administrative law. But, as far as I’m concerned, we’re moving forward”. Speaking about the timing of issuing a new rule, Clayton said “the sooner the better”.
FINSUM: This is good news. Whether or not you want any fiduciary rule, one needs to be happy the SEC is stepping in because it lowers the likelihood that each state creates its own rule.