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Compliance

Why Phyllis Borzi is Now Pessimistic On the Plight of a Uniform Fiduciary Standard

    Why Phyllis Borzi is Now Pessimistic On the Plight of a Uniform Fiduciary Standard

“In 5 years, I think investors will be considerably worse off if SEC does go forward with its proposals without substantial change.”

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What Will the Fiduciary Standard Look Like in Five Years?

    What Will the Fiduciary Standard Look Like in Five Years?

Still, if one has confidence the marketplace will drive the industry towards focusing on the best interests of clients, then a de facto fiduciary standard can emerge organically, without overt reliance on regulators.

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The SEC’s “Best Interest” Proposal – A Step Forward or a Set Back?

    The SEC’s “Best Interest” Proposal – A Step Forward or a Set Back?

We asked financial professionals across the nation for their thoughts on the SEC’s effort. As you might imagine, it’s clear Regulation Best Interest has some good points and some not-so-good points.

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DOL Fiduciary Rule Post-Mortem: How Long Will the Taste Linger?

    DOL Fiduciary Rule Post-Mortem: How Long Will the Taste Linger?

Is the DOL’s Defunct Rule a Fiduciary Obi-Wan: More Powerful Dead Than Alive?

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As a Professional Fiduciary, You Must Never Do Any of These 7 Things

    As a Professional Fiduciary, You Must Never Do Any of These 7 Things

We want to focus on the type of “nevers” that, in the heat of the moment or humdrum routine of everyday life, fiduciaries can find themselves slowly sliding down that slippery slope towards. In fact, if, as you read these, you catch yourself muttering something about “there’s always an exception,” then you’ve just discovered where that slippery slope lies.

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7 Rules Every Professional Fiduciary Must Follow

    7 Rules Every Professional Fiduciary Must Follow

These may not be the only rules, but they rank up there as among the most practical for fiduciaries and, in some cases, for any other professional.

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5 Examples of Self-Dealing Transactions that are Prohibited as a Result of Fiduciary Duty

    5 Examples of Self-Dealing Transactions that are Prohibited as a Result of Fiduciary Duty

While the fiduciary should be fairly compensated, the fiduciary is prohibited from engaging in activities that might increase that compensation to the detriment of the interests of the beneficiary. Such activities represent the definition of a self-dealing transactions. Here are some examples of self-dealing transactions that, if executed, will likely result in a fiduciary breach.

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The Three Most Important Practical Things You Must Know as a Professional Fiduciary

    The Three Most Important Practical Things You Must Know as a Professional Fiduciary

Here’s the beginning of an operational definition of what it takes to be a good fiduciary (first of three installments).

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Ongoing Debate: When (If Ever) Can a Fiduciary Legally Engage in Self-Dealing?

    Ongoing Debate: When (If Ever) Can a Fiduciary Legally Engage in Self-Dealing?

On the face of it, there appears to be little room for debate. Upon closer examination, however, the specifics of particular circumstances can muddle things up. Would you like to see what we mean by this? Here’s what you get when you ask the experts whether or not a fiduciary can ever legally engage in self-dealing.

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It’s Not the Professional Title, But This Written Document That Creates a Fiduciary Relationship

    It’s Not the Professional Title, But This Written Document That Creates a Fiduciary Relationship

Are LPOAs enough to end the confusion? Maybe not. But they do provide the legal basis for which one can substantiate the reality of a fiduciary relationship.

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