Category Archives: 401k compliance

The Active Management Value Ratio™- Revealing the Undisclosed Cost of Actively Managed Mutual Funds

Posted on August 6, 2012 by jwatkins

Despite overwhelming evidence that actively managed mutual funds generally under-perform passively managed index funds, the evidence indicates that most investors continue to purchase and hold actively managed funds.  Even when an actively managed fund does outperform its relevant index, the … Continue reading →

Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, retirement plans, RIA Compliance, securities, securities compliance | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

Is ERISA Section 408(b)(2) the New 401(k) Fiduciary’s Achilles’ Heel

Posted on June 25, 2012 by jwatkins

On July 1st, the disclosure requirements of ERISA 408(b)(2) go into effect with regard to plan providers and plan sponsors.  Disclosure requirements between plan sponsors and plan participants are scheduled to go into effect at the end of August. Plan … Continue reading →

Posted in 401k, 401k compliance, 401k investments, compliance, fiduciary compliance, fiduciary law, investments, retirement plans, RIA, RIA Compliance | Tagged , , , , , , , , , | Leave a comment

Running the Investment Compliance “Gauntlet”

Posted on January 24, 2012 by jwatkins

As most people know, I focus on helping RIA professionals with both compliance and risk management issues.  Far too many times I have performed compliance audits where the RIA has all of the required files and manuals, but a poor … Continue reading →

Posted in 401k compliance, 404c compliance, compliance, RIA, RIA Compliance, securities compliance | Tagged , , , , , , , , | Leave a comment

New Compliance and Liability White Paper

Posted on January 4, 2012 by jwatkins

With the new year comes the renewal of the debate over one universal fiduciary standard for those providing investment advice to the public.  What many compliance professionals do not realize is that many jurisdictions already impose a fiduciary standard on … Continue reading →

Posted in 401k compliance, 404c compliance, compliance, investments, retirement plans, RIA, RIA Compliance, securities compliance | Tagged , , , , , , , , , | Leave a comment

Don’t Go There!

Posted on July 27, 2011 by jwatkins

My clients are familiar with several pet phrases that I use to state my opinion in a short, yet definitive manner.  One of those phrases that I find myself using a lot is “don’t go there.”  As a compliance consultant … Continue reading →

Posted in 401k compliance, 404c compliance, compliance, investments, RIA, RIA Compliance | Tagged , , , , , , , , , | Leave a comment

The Little Known Win-Win Fiduciary “Gotcha”

Posted on January 25, 2011 by jwatkins

It is well-established that investment advisers are fiduciaries.  Fiduciary law is based primarily on principles developed under agency law and trust law.  When you mention fiduciary law, most people immediately think of the duty of loyalty, the requirement that a … Continue reading →

Posted in 401k compliance, 404c compliance, compliance, investments, retirement plans, RIA, RIA Compliance, securities | Tagged , , , , , , , , | Leave a comment

A Pure Heart and an Empty Head Is No Defense

Posted on November 18, 2010 by jwatkins

Unbeknownst to many investment advisers, it is their responsibility to educate themselves as to applicable legal standards for their advisory practices.  Investment advisers affiliated with a broker-dealer often assume that the broker-dealer will keep them updated as to any compliance … Continue reading →

Posted in 401k compliance, 404c compliance, compliance, investments, RIA Compliance | Tagged , , , , , , , , | Leave a comment