What must investment advisors watch out for in preparation for the implementation of the DOL fiduciary rule?
Retirement savings laws have been in effect and largely unchanged for about four decades, despite significant shifts in how our society manages its’ retirement investments. During that time, far too many Americans have been harmed by unscrupulous investment advisors putting their bottom line before the best interests of the investor.
In response to the changing retirement landscape, the Department of Labor has enacted a new rule expanding the definition of investment advice and the fiduciary standard that will go into effect on April 10, 2017. Investment News reports that registered investment advisors (RIA’s) have been slow to prepare for the rule either because they believe the rule does not apply to them, or perhaps they hope that president-elect Trump will make good on his promise to repeal the rule.
A thorough reading of the rule reveals that it is applicable to anyone who:
- provides “investment advice” for a fee or other compensation pursuant to a written or verbal agreement, or a general understanding that the advice is based on the particular investment needs of the individual, and
- represents that they are acting as a fiduciary within the meaning of ERISA or the Internal Revenue Code of 1986, or
- provides recommendations directed to a particular person or set of people regarding the advisability of a specific investment or management decision
The rule is, without a doubt, applicable to RIA’s and
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