-
Join 234 other subscribers
Meta
-
Recent Posts
- The Active Management Value Ratio as a Cost-Benefit Framework: Integrating AI into Fiduciary Prudence Analysis
- Battle of the Best Interests – Whose Are the EBSA and the DOL Supposed to Serve, and Whose Are They Really Serving?
- Guest Article On Supreme Court’s Decision to Hear the Intel Case
- Fair Dinkum: A Critique of the EBSA’s Amicus Brief in Pizarro v. Home Depot
- Upon Further Review; The 3 X 3 Analysis That Shows Why Prudent Plan Sponsors Will Never Offer Annuities Within Their Plan
The Prudent Investment Adviser Rules
-
Join 234 other subscribers
Category Archives: fiduciary compliance
The Fiduciary Standard – It’s “Best Interests,” Not “Like Everyone Else”
During a recent deposition of an investment adviser, the adviser told me that was doing the exact same thing as everyone else in the industry and asked me why I was “targeting” him. Not the first time I have heard … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, RIA, RIA Compliance
Tagged 401k, 401k compliance, 404c, 404c compliance, Compliance Gauntlet, fiduciary, fiduciary investing, fiduciary law, investment advisers
Leave a comment
Whoomp, There It is! – The New Prudent Fee Fiduciary Standard
“Essential to the plausibility of plaintiffs’ claims was the allegation that the Affiliated Funds ‘charged higher fees than those charged by comparable Vanguard funds-in some instances fees were more than 200 percent higher than those comparable funds’”. With those words … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c, 404c compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, investment advisers, pension plans, retirement plans, suitability, wealth management, wealth preservation
Leave a comment
Citigroup Decision’s Warning for 401(k) Fiduciaries
U.S. District Judge Sidney H. Stein recently ruled that the participants in the Citigroup 401(k) excessive fees case had filed their action within the required time period. Judge Stein’s opinion was based primarily on a finding that absent “actual knowledge” … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, modern portfolio theory, pension plans, retirement plans
Leave a comment
Three Investment Adviser Fiduciary Traps to Avoid
My last post advising advisers not to prepare and distribute financial plans resulted in several emails, some nice, some not so nice. With over nineteen years of experience in RIA law, both as a director of RIA compliance for FSC … Continue reading
Financial Plans v. Investment Policy Statements: One, None or Both?
As an investment adviser consultant, one of the first things I ask new adviser clients is whether they prepare financial plans for clients. If so, I advise them not to do so going forward. Simply put, a financial plan in … Continue reading
Posted in compliance, fiduciary compliance, RIA, RIA Compliance, securities compliance
Tagged compliance, fiduciary, fiduciary investing, fiduciary law, financial planning, financial plans, investment advisers, investment analysis tools, portfolio optimization, RIA risk management, risk management, suitability, wealth management, wealth preservation
Leave a comment
Death, Divorce and LaRue: 401(k) Breach of Fiduciary Duty Claims as Assets In Divorce and Probate Cases
In 2008, the Supreme Court of the United States handed down their landmark decision in LaRue v. DeWolff, Boberg and Associates, Inc.(1) In LaRue, the Court finally recognized the fundamental difference between defined benefit pension plans and defined contribution pension … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, fiduciary, fiduciary investing, fiduciary law, pension plans, retirement plans, risk management, wealth management, wealth preservation
Leave a comment
The Art of Fiduciary Investing: Controlling the Controllable
“[I]nvesting intelligently is about controlling the controllable.” Ben Graham, “The Intelligent Investor” The world of fiduciary investing is going through a significant stage, as more attention is being focused on various issues such as advisory fees, annual fees charged by … Continue reading
Posted in 401k compliance, 401k investments, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth management, wealth preservation
Tagged 401k, 401k compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, investment advisers, investment analysis tools, pension plans, retirement plans, RIA risk management, risk management, wealth management, wealth preservation
1 Comment
Fiduciary Standard and Selective Amnesia at the SEC
I just finished reading Knut Rostad’s insightful post on ThinkAdvisor.com regarding the ongoing debate over a uniform fiduciary standard for both stockbrokers and investment advisers. For those unfamiliar with Knut, he is the President of The Institute for the Fiduciary … Continue reading
Posted in fiduciary compliance
Leave a comment
Social Media and the Investment Adviser
I could write a new blog entry, but why do so when Financial Planning just wrote an excellent article on the subject. http://www.financial-planning.com/news/practice_management/social-media-and-regulatory-compliance-5-rules-2689208-1.html Without question, the continued use of Facebook “likes” and LinkedIn “recommendations are the most common violations. The … Continue reading
Posted in compliance, fiduciary compliance, fiduciary law, RIA, RIA Compliance
Tagged compliance, investment advisers, RIA, RIA compliance
Leave a comment
The Investment Adviser’s Achilles’ Heel v. 2.0
The Securities and Exchange Commission (SEC) recently released a notice regarding the use of testimonials and social media. Investment advisers are generally prohibited from using client testimonials. While the SEC has allowed the use of third-party ratings as long as certain requirements are met, … Continue reading
The Prudent Investment Fiduciary Rules 
You must be logged in to post a comment.