Fiduciary Standard News
- April 16, 2013 – SEC’s “Possible” Uniform Standard Could Be FINO – Fiduciary in Name Only. A paper released by the Institute today concludes: The SEC March 1 release assumptions about a possible uniform fiduciary standard and the duty of loyalty sharply restrict when fiduciary duties are applied. If these assumptions are adopted in rulemaking, fiduciary duties would effectively be removed for brokers and advisers giving investment advice to retail investors. (Institute paper) (SEC Press release) (Institute Comments)
- March 1, 2013 – SEC Seeks Data on a “Possible” Uniform Fiduciary Standard. The SEC released a request for information to assess whether it should apply a uniform fiduciary standard to broker dealers that requires they act in the best interest of investors. Pursuant to Dodd-Frank, this standard must be “no less stringent” than the standard applicable to investment advisers. (Institute Comments)
- February 3, 2013 – Laby: ’40 Act Enacted to separate conflicted “tipster organizations” from genuine investment advisors; Over the past several years, scholar Arthur Laby has been one of the most prolific researchers on the fiduciary duties of advisers and the meaning of the suitability standard of brokers-dealers. In his most recent law review article, Selling Advice and Creating Expectations:Why Brokers Should be Fiduciaries, (Washington Law Review: Vol. 87:707) Laby argues that a far stronger case (than the arguments currently provided) for brokers being held to a stringent fiduciary standard exists. It is, quite simply, that investors have “reasonable expectations” to receive fiduciary advice from brokers. Laby makes a timely and persuasive case that should become familiar to every securities regulator. (Full Article)
- January 10, 2013 - SIFMA: Policy Change or Freudian Slip? SIFMA released its annual report yesterday (January 8) to tout its accomplishments in 2012. There may be one “accomplishment” it did not intend to tout — that is its new position on the fiduciary standard. In its annual report (page 4) SIFMA does not state it supports “the establishment of a uniform fiduciary standard” as it has stated for the past three years. Instead, SIFMA has removed the “F” word from its description of the standard it supports and states, it supports “a uniform standard of duty.” Policy change or Freudian slip? (SIFMA’s full document)
- November 19, 2012 – TD Ameritrade Conference The 217 advisors from 161 RIA firms attending the TD Ameritrade Institutional regional conference in Southern California on Tuesday, October 25, heard varying views of the fiduciary standard. Previouslly, TD Ameritrade CEO Fred Tomczyk and TDAI President Tom Nally provided their views of the challenges and opportunities facing advisors.
- September 22, 2012 – The Conflict Question
- September 10, 2012 - Tougher Dodd-Frank Fiduciary Standard for Brokers Stalled
- September 7, 2012 – Schapiro still married to idea of single fiduciary standard
- September 6, 2012 – COMPLY: Fiduciary advocate Rostad plods along, despite gridlock
- September 5, 2012 – Emails on Rule-Making for Uniform Fiduciary Standard Turn Up in Bloomberg FOIA Request
- April 13, 2012 – Fearful that the SEC has been overworked, lobbied and bullied into a SIFMA stupor, fiduciary crowd launches 16-page missile
- February 8, 2012 – Who Can Investors Trust in the US?
- February 2, 2012 – John Bogle’s Investing Advice is Timeless
- February 2, 2012 – Bogle Grades Financial System ‘D’ as Volcker Urges Curbs
- February 1, 2012 – John C. Bogle Legacy Forum
- January 31, 2012 – Remarks at the John C. Bogle Legacy Forum – CFTC Chairman Gary Gensler
- January 31, 2012 – Restoring Trust in Financial Markets: Does Jack Bogle Offer a Prescription?
- January 31, 2012 – At Bogle Event, Musings on Profit Motive, Fiduciary Responsibility
- January 24, 2012 – John Bogle: the Most Successful Wall St. Occupier
- August 26, 2011 – Institute Letter to The New York Times supports David F. Swensen’s Op-ed
- August 23, 2011 – New Institute for the Fiduciary Standard Elevates the Conversation Bob Clark, AdvisorOne
- August 22, 2011 – Fiduciary Standard Gets New – and Influential – Advocate
- August 13, 2011 – David F. Swensen, Chief Investment Officer of Yale University calls for fiduciary duty for brokers in an Op-Ed in The New York Times, August 13, 2011, “The Mutual Fund Merry-Go Round.” He writes: “the S.E.C. should hold the mutual fund industry to a “fiduciary standard,” one that puts clients’ interests first. Currently, retail brokers operate under a weaker standard. As it carries out the Dodd- Frank reform act that became law last year, the S.E.C. must insist that brokers act as fiduciaries, not merely as agents who offer “suitable” investments.”
Laby: ’40 Act Enacted to separate conflicted “tipster organizations” from genuine investment advisors;
“We do support the extension of a fiduciary standard to broker/dealer registered representatives who provide advice to retail investors.”
–Testimony by Lloyd C. Blankfein, Chairman and CEO, The Goldman Sachs Group, Inc. to the Financial Crisis Inquiry Commission, January 13, 2010
"I would like to suggest we imagine our industry in a new way... [and] do right by our clients by embracing our fiduciary responsibility."
–Sallie L. Krawcheck, President, Global Wealth & Investment Management, Bank of America / Merrill Lynch, April 22, 2010, Remarks to the Securities Industry and Financial Markets Association
“The law gives the [SEC] the authority to establish a new standard of care…’no less stringent than’ the Investment Advisers Act…to ensure that the new standard would not be a ‘watered down’ version of the investment advisors’ fiduciary standard.”
–Rep. Barney Frank, House Committee on Financial Services, May 31. 2011
For additional commentators on the John C. Bogle legacy:Index Universe:
Journal of Indexes: The Bogle Issue