Category Archives: 404c compliance

Upon Further Review: Do We Already Have a Universal Fiduciary Standard?

The debate over a universal fiduciary standard for the financial services industry continues.  To date, as John Adams lamented in “1776,” “piddle. twiddle and resolve, not a damned thing do we solve.” Several studies have conclusively shown that the American … Continue reading

Posted in 401k, 401k compliance, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, retirement plans, securities compliance | Tagged , , , , , , , , , , , | 2 Comments

How “Safe” Are ERISA 401(k)/404(c) Safe-Harbors?

Like so many others, I provide consulting services to pension plans. Unlike others, I focus on the risk management aspect of pension plans instead of the fundamental, or administrative, aspects of a plan.  I chose to focus on the risk … Continue reading

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The Tibble Decision – 3 Valuable Lessons for Plan Sponsors and Other Plan Fiduciaries

Reading the Ninth Circuit’s recent decision in Tibble v. Edison International, I could not help but notice three issues that I believe will significantly impact ERISA plan sponsors and other plan fiduciaries going forward. First, the Court correctly pointed out … Continue reading

Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, fiduciary compliance, fiduciary law, investments, retirement plans | Tagged , , , , , , , , , , , , | 2 Comments

“The 401(k)/403(b) Investment Manual”

My new book, “The 410(k)/403(b) Investment Manual” is now available from both Amazon and CreatSpace. The manual is intended to provide both plan participants and plan sponsors with valuable information to allow them to properly evaluate the investment options within … Continue reading

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

Secrets to a Successful 401(k) Plan

Over the holidays I was catching-up on my reading. One of the articles I came across involved a debate over which metric was more effective in assessing the success of a defined contribution plan, a plan’s rate of participation or … Continue reading

Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, retirement plans | Tagged , , , , , , , , | 1 Comment

Seeing Is Believing: Marketing to Plan Sponsors

One of the most common questions I get is from advisor is how to convince plan sponsors that they need to review their plan for potential compliance issues.  When I ask plan sponsors what it takes to get their attention, … Continue reading

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

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

Running the Investment Compliance “Gauntlet”

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

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New Compliance and Liability White Paper

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

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Don’t Go There!

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

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