Financial advisers bristle at SEC's pitch to redefine 'accredited investor'

Most think the net-worth limits should be raised, not lowered, when it comes to private and exotic products.
FEB 27, 2017

Financial advisers rejected a recommendation Friday from the acting chairman of the SEC to increase investor access to private and exotic investment strategies that are usually reserved for rich people. "I think this is an awful idea, as awful as ideas come," said Scot Stark, owner of Stark Strategic Capital Management. Reacting to comments made on Friday by acting Securities and Exchange Commissioner Michael Piwowar, which recommended allowing more retail-class investors access to investments currently restricted to people with a net worth of at least $1 million, a lot of advisers didn't see the logic. "Any guidelines that help to protect the investor consumer is a positive," said Mark Germain, chief executive of Beacon Wealth Management. "As an adviser, it is easy to see that many clients do not understand the investments that some may offer to them," he added. "The accredited investor rule puts an onus on the adviser to be sure the investor understands the risk and is willing to take the risk." During his speech Friday, Mr. Piwowar referenced the "forgotten investor" and said the current accreditation rules limit access to types of investments that could increase portfolio performance and diversification. "I question the notion that non-accredited investors are truly protected by regulations that prevent them from investing in high-risk, high-return securities available only to the Davos jet-set," he said. But most financial advisers are questioning the logic of increasing access to products and strategies that typically come with higher fees, less liquidity, and less regulatory oversight. "I don't think it's a good idea," said Rose Swanger, president of Advise Finance. "The rule is there for a reason, as a safeguard to manage folks' emotions and prevent one's momentary euphoria at a dinner seminar in a fancy steakhouse," she added. "The industry's newly proposed fiduciary rule is about to put clients' interests first, how will this help or improve that goal when scrapping off the accredited investor rules?" While Mr. Piwowar has tried to revisit the debate by challenging the logic of equating income and net-worth with investor sophistication, some financial advisers would actually support even less access to exotic investment strategies. "Adjusted for inflation, the net-worth limit should be at $3 million today if it is going to do what it was intended to do," said David Demming, owner of Demming Financial Services. "The premise was that a sophisticated investor needed both the knowledge and the asset base in order to understand and absorb the risk," he added. "Watering down that standard makes no common sense." Kashif Ahmed, president of American Private Wealth, agreed. "I think the rule is already pretty lax," he said. "There are plenty of advisers who can't even understand all of the moving parts of these sophisticated products, let alone retail investors. It should be harder to get into these investments." If such investments were more difficult to access, advisers like Tim Holsworth, president of AHP Financial Services, might be not be dealing with a $3 million allocation to a long-short hedge fund that he isn't happy with. "Just because something is sophisticated doesn't mean it works," Mr. Holsworth said of the allocation that has generated 3% annualized returns and remains in the portfolio of one of his foundation clients because of a lock-up period. "In my experience, the more sophisticated the hedge fund, the worse the experience has been," he added.

Latest News

Investing in stocks? Here are the top 8 questions you need to answer before you start
Investing in stocks? Here are the top 8 questions you need to answer before you start

Looking to refine your strategy for investing in stocks in the US market? Discover expert insights, key trends, and risk management techniques to maximize your returns

Indivisible Partners selects DPL to arm advisors for insurance business
Indivisible Partners selects DPL to arm advisors for insurance business

The RIA led by Merrill Lynch veteran John Thiel is helping its advisors take part in the growing trend toward fee-based annuities.

RIA M&A stays brisk in first quarter with record pace of dealmaking
RIA M&A stays brisk in first quarter with record pace of dealmaking

Driven by robust transaction activity amid market turbulence and increased focus on billion-dollar plus targets, Echelon Partners expects another all-time high in 2025.

New York Dems push for return of tax on stock sales
New York Dems push for return of tax on stock sales

The looming threat of federal funding cuts to state and local governments has lawmakers weighing a levy that was phased out in 1981.

Human Interest and Income Lab streamline workflows for retirement-focused advisors
Human Interest and Income Lab streamline workflows for retirement-focused advisors

The fintech firms' new tools and integrations address pain points in overseeing investment lineups, account monitoring, and more.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.