Don't weaken fiduciary standard, advisers tell Congress

A financial planners' group warned congressional leaders last week against enacting proposed standards for advisers that are being endorsed by the brokerage industry.
OCT 25, 2009
A financial planners' group warned congressional leaders last week against enacting proposed standards for advisers that are being endorsed by the brokerage industry. The Committee for the Fiduciary Standard, a group of 600 investment advisory firms, sent a letter to House Financial Services Committee Chairman Barney Frank, D-Mass., and others, voicing concern about proposals to adopt a new fiduciary code of conduct for brokers and advisers. “The committee is concerned that misunderstandings of the authentic fiduciary standard could inadvertently be reflected in legislation and weaken the standard at the exact time that investors are looking to Congress and regulators to strengthen oversight of the financial system and Wall Street,” according to the letter. Positions taken by the Securities Industry and Financial Markets Association, the letter added, “demonstrate an apparent lack of understanding of, and/or commitment to, such fundamental fiduciary duties as full disclosure, the obligation to manage conflicts in the investor's interest, and consideration of expenses in investment decisions.” Kevin Carroll, managing director and associate general counsel at SIFMA, rebutted the claims made in the committee's letter. “This once again misrepresents SIFMA's advocacy for a new federal fiduciary standard that would improve investor protection,” he said. “The so-called authentic fiduciary standard that this committee is pushing does not exist because the status quo consists of 50 disparate state court interpretations. Investors deserve better; a federal fiduciary standard would deliver that,” Mr. Carroll said. Investment adviser groups are concerned that if brokers are brought under the same regulations as advisers, the traditional fiduciary standards that now apply to advisers would be weakened. According to the committee's analysis, standards endorsed by SIFMA don't include disclosure and legal obligations for prudence that fiduciary standards would entail. E-mail Sara Hansard at [email protected].

Latest News

Integrated Partners, Kestra welcome multigenerational advisor teams
Integrated Partners, Kestra welcome multigenerational advisor teams

Integrated Partners is adding a mother-son tandem to its network in Missouri as Kestra onboards a father-son advisor duo from UBS.

Trump not planning to fire Powell, market tension eases
Trump not planning to fire Powell, market tension eases

Futures indicate stocks will build on Tuesday's rally.

From stocks and economy to their own finances, consumers are getting gloomier
From stocks and economy to their own finances, consumers are getting gloomier

Cost of living still tops concerns about negative impacts on personal finances

Women share investing strengths, asset preferences in new study
Women share investing strengths, asset preferences in new study

Financial advisors remain vital allies even as DIY investing grows

Trump vows to 'be nice' to China, slash tariffs
Trump vows to 'be nice' to China, slash tariffs

A trade deal would mean significant cut in tariffs but 'it wont be zero'.

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.