Dal Fiduciary Rule Analysis

Improved Essays
After Obama ruled in favor of the new Department of Labor (DOL) fiduciary rule, financial planners will no longer have their own interests in earning high-commissions and fees over their clients. The new rule is to protect advisor’s clients by adding a sense of transparency by making sure the advisor is acting within the best interest of the client, by recommending the best investments at the lowest prices.
Implementation of the new rule is set out to prevent the $17 billion a year in government claims by reducing the exorbitant fees associated with financial planners. However, this has caused a major disruption to all financial advisors and how they operate (currently) under less stringent standard that requires investment advice to be “suitable”.
…show more content…
The DOL does not ban commissions or revenue sharing (the distribution of a portion of federal tax revenues to state and local governments). Although, it does require advisors who accept them have to have clients sign a best interest contract exemption (BICE). Raymond James and other broker-dealers are evaluating what the rule entails and how it will change firm’s platforms to meet the new requirements. Stated by Mr. Anderson of the SEI, “many advisors are not going to want to use the BICE because the perception issue it creates with clients. As a result, he predicts more brokers and hybrids will be joining the ranks of fee-only RIA’s.” Interestingly enough only larger firms will be able to switch to fee-based verses smaller firms who will have to use …show more content…
However, there are some measures I would put in place to protect myself from the more stringent regulations. First and foremost, I would ensure that I document all of the suggestions I give my clients, with detailed notes and data demonstrating my thought process. In order to protect my credibility as an advisor it is important that I demonstrate the rationale behind my advice, otherwise I may find myself in a situation where I am accused of making a suggestion for personal

Related Documents

  • Improved Essays

    Nt1310 Unit 5 Assignment

    • 716 Words
    • 3 Pages

    I will not use any client`s information for personal benefit, regardless of whether or not it actually causes the client harm. It has been agreed by all parties that Jeffrey Lau Ka Wing and Mai Lau Que Ly must be present at all meetings and that decision can only be made subject to their unanimous approval. It is agreed by both the advisor and the client that telephone orders will not be accepted, and that the client must provide his or her signature as authorization for every transaction. Before making any recommendation, I must first have a complete picture of your current financial situation. The information I need deals with, but isn`t necessarily limited to, your: assets; liabilities; cash flow; anticipated lump sum income or expense amounts; tax position/returns; will and power of attorney; insurance coverage (life and general); group benefits; and pension plans.…

    • 716 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Upl Law Case Study

    • 428 Words
    • 2 Pages

    For any temporarily suspended lawywer, disbarred, or non lincesed attorney in the state of California, that is license in antoher state may not practice law. If they continue to offer any adivc, representation, make court appearances, and draft legal documents of any kind of legal matter as it would relate to a particular case law for a client. They would be in violation of UPL. advising an individual on law and legal matters as it relates to a particular case being presented at the time. If anyone should advise a person on the legal recourse and how the law applies to them, they will be inviolation of UPL.…

    • 428 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Invacare, Inc. Case Study

    • 450 Words
    • 2 Pages

    III. The information comprised LH was not generally known or readily ascertainable by proper means of other persons. LH meets the second element of the OUTSA, “Is not being generally known to, and not being readily ascertainable by proper means by, other persons.” Ohio Rev. Code Ann § 1333.61(D) (LexisNexis 20xx). The Mack court explained this element when they found that the computer program was not readily ascertainable because the program was not available for purchase over the internet or to the public.…

    • 450 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Deduction Case Study

    • 480 Words
    • 2 Pages

    According to section 213, in relevant parts, provides as follows: (a) Allowance of deduction -There shall be allowed as a deduction the following amounts, not compensated for by insurance or otherwise- the amount by which the amount of the expenses paid during the taxable year for medical care of the taxpayer, his spouse, and dependents exceeds 3 percent of the adjusted gross income. (e) Definitions -For purposes of this section- the term "medical care" means amounts paid for the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body. Since Jack will specifically use the pool to treat his back, categorizing the pool as a medical expense deduction is valid. Reg.…

    • 480 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Met Richard, age 63, Stafford office, first appointment April 7. Richard is 63, his wife is 6. They are both retired. Mainly, he just wanted me to look at his plan and see if I had any recommendations.…

    • 444 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Amateur Worrier

    • 419 Words
    • 2 Pages

    Financial planners are paid to worry. We are professional worriers, not just your average, amateur worriers. We have taken worrying to a new level and made it almost an art form. The amateur worrier spends too much time worrying about things that are likely to happen, but the true professional worries about the unlikely events that can be really disruptive to our plans.…

    • 419 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Professionals need to be educated on the laws that govern their profession and their moral obligation to the standards. Situational training could be introduce to help prepare people to make those tough split second decisions. This would not be a “cure all” for every situation, but it is a stepping stone to better individuals. It should be know that no matter who is “in charge”, there will always be someone above them. As long as you are always using the proper channels, there is no reason why you couldn’t keep pushing your concerns up until they are heard.…

    • 811 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Whether in the form of licensing fee, fees for service, salaries, or shares in final profits, the economic result is much…

    • 1152 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Fiduciary Duty Essay

    • 1368 Words
    • 6 Pages

    Fiduciary duty refers to a legal obligation to act purely in the interests of another party. The party that owes the duty is known as the fiduciary, while the party to whom the duty is owed is known as the principal. The fiduciary is not allowed to benefit from this relationship unless the principal expressly consents to it. In addition, the fiduciary should not have any conflict of interest with the principal. Furthermore, in cases where the fiduciary has several principals, the fiduciary should make sure that is there is no conflict of interest between the principals (Cassidy, 2006, pp. 219).…

    • 1368 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Dastmalchi LLC developed several keys to success when the firm launched. Their “fast follower” strategy led them to penetrate many different markets and target different audiences, while maintaining low operational costs. The company had the ability to predict which new products would be successful in the market and quickly release their own, more affordable, version to the public. This strategy was carried out by the company finding manufactures of the product and repackaging and rebranding the product to make it their own. Rather than using their own resources to innovate and market their own unique products, Dastmalchi found a way to piggyback off the success of others.…

    • 711 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Market Synergy Case Study

    • 1806 Words
    • 8 Pages

    Haley Verbeke ‘Hit Pause’ on DOL Fiduciary Rule, Insurer’s Lawyers Urge Federal Judge In this article, an insurer called Market Synergy is battling a court case against the Department of Labor’s fiduciary rule. Market Synergy is built upon eleven independent marketing organizations, as well as, 20,000 independent agents (Waddell, 1). Market Synergy’s intention is not to change the DOL fiduciary rule, however, Market Synergy is in an uproar about fixed indexed annuities becoming a part of the BICE right before it was finalized. The National Association for Fixed Annuities, or NAFA, agrees with Market Synergy’s argument.…

    • 1806 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Case 11.1: Accounting/Finance Ethics Scenarios Main Ethical Issue(s) Financial professionals are often confronted with fiduciary issues which challenge their integrity, honesty, and ability to be transparent with stockholders and customers. They may be pressured to make decisions or participate in accounting practices that are clearly against company policy, financial or accounting rules, regulations, and code of ethics. In all three scenarios, employees are asked to make such decisions. Concepts and Theories Relevant to Case Economics and the bottom line are often the driving force behind decisions that are made within the organization.…

    • 1208 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Golden Rule Case Study

    • 767 Words
    • 4 Pages

    Facts ABC Company has recently purchased land to begin building an adult entertainment store. One of their employees, Luke, is assigned to the project. Luke has access to confidential information about the project, including the effect the new store will have on the nearby public property. This is sensitive information to Luke because his brother, Owen, lives close to the future location of the store and is currently considering selling his home. Luke knows that Owen has no idea that the public announcement of ABC Company’s plans will significantly decrease the value of his home.…

    • 767 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    statement{} I am a second-year graduate student at the Weatherhead School of Management at Case Western Reserve University. My decision to pursue Master of Engineering degree has been motivated by my ultimate objective of digging deeply into the field of Financial Engineering. I firmly believe that I possess the requisite background and aptitude for pursuing active research in this area at Cornell. statement{} My interest in financial engineering has burgeoned during my internship at L 'Or 'eal in 2015 after I received the offer for graduate school.…

    • 975 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    INSIDE JOB ANALYSIS Submitted by Yashvardhan Singh, 2014PGP432 Inside Job is a commentary on the corruption in the financial system existing in today’s world. Starting from Iceland to USA, the film examines the key financial and political factors behind the financial collapse of 2007-08. The film starts from the political movement behind deregulation of the 1980s, development of trading instruments like derivatives and bundling of loans and mortgages into what was called Collateralized debt obligations (CODs). The film delves into how the subprime borrowers were given house loans at low interest which in the end led to collapsing of the whole system. The film ends by saying that despite recent financial regulations, the underlying system has…

    • 833 Words
    • 4 Pages
    Improved Essays