While the financial services world waits for the Department of Labor's new conflict-of-interest rule, one organization in favor of clear fiduciary guidelines thinks the time is right for industry to take the lead in establishing new "concrete, verifiable" best practices.
The Institute for the Fiduciary Standard, a nonprofit established in 2011, rolled out 11 best practices Thursday in response to a "deeply troubling" anti-fiduciary sentiment.
"The view today among many in the industry is that a true fiduciary standard is unnecessary, or even detrimental to investors," said Knut Rostad, president of the institute. That attitude and a pervasive lack of investor trust has left the investment industry, and its customers, in "unchartered waters," Rostad said at a news conference at TD Ameritrade's Advisor Conference in San Diego.
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"So many investors today are confused or skeptical or downright distrustful of financial professionals – even fiduciaries. Investor misconceptions about who's selling products and who's offering advice, and what they pay, are pervasive," he said.
Joining him was Tamar Frankel, a fiduciary scholar and member of the institute's best practices board.
"The time has come for advisors to concretely and clearly explain their commitment to a fiduciary standard to the public," Frankel said. "Doctors and lawyers have the same standard of care. Advisors need to as well."
The 11 best practices set a high bar, and will be challenging for advisors and brokers to meet, but they reflect an appropriate standard for what it means to be a fiduciary advisor, said Brian Hamburger, CEO of Market Counsel and general counsel to the institute.
"These best practices seek to make it clear as to which side of the aisle an advisor is sitting on," Hamburger said.
Here are the 11 best practices unveiled Thursday:
1. Affirm the fiduciary standard under the Advisers Act of 1940 governs the professional relationship at all times.
2. Provide a "reasonable basis" for advice in the best interest of the client.
3. Communicate clearly and truthfully, both orally and in writing. Make all disclosures and agreements in writing.
4. Provide, at least annually, a written statement of total fees and underlying expenses paid by the client. Include an accounting or good faith estimate of any payments to the advisor or the firm or related parties from any third-party resulting from the advisor' s recommendations.
5. Avoid all conflicts and potential conflicts. Disclose all unavoidable potential and actual conflicts. Manage or mitigate material conflicts. Acknowledge conflicts of interest can corrode objective advice.
6. Abstain from principal trading unless a client initiates an order to purchase the security on an unsolicited basis.
7. Avoid significant gifts, third-party payments, sales commissions, or compensation in association with client transactions that cannot be directly credited back to the client or managed as a fee offset.
8. Ensure baseline knowledge, competence, experience and ongoing education appropriate for the engagement.
9. Institute an investment policy statement or an investment policy process that is appropriate to the engagement and describes the investment strategy. Consistently follow and document a prudent process of due diligence to research and analyze investment vehicles; on request, document the prudent process applicable to any recommendation.
10. Have access to a broad universe of investment vehicles that provide ample options to meet the desired asset allocation and in consideration of widely accepted criteria.
11. Consider peer group rankings in ensuring compensation and expenses are reasonable.
The institute said it will take feedback on its proposed best practices until March 9 and that it hopes to issue a finalized list by June or July.
After that, the institute intends to establish a third-party validator of the standards, so that advisors and brokers claiming they adhere to the fiduciary standard can be authenticated. Ultimately, the hope is to establish a formal credentialing process, but that is several steps away, according to Rostad.
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