Still, others remain cautious, especially given the novelty of the idea and the fact it remains untested.
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As we approach clarity with regards to Congressional action and/or implementation of the Trump Executive Order, we may find need to expand these MEP guidelines. Until then, though, companies in business associations where commonality exists may wish to use these ground rules when determining if a 401k MEP is the right course to take.
“In 5 years, I think investors will be considerably worse off if SEC does go forward with its proposals without substantial change.”
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.
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.
Is the DOL’s Defunct Rule a Fiduciary Obi-Wan: More Powerful Dead Than Alive?
“Pick a lane… please. Why is the SEC living in the land of ambiguity? Lead, follow, or step aside. I may not agree with Ken Fisher very often but on this point, I believe he nailed it…”
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.
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.
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.
