Category Archives: fiduciary law

Fiduciaries, We Ain’t No Stinkin’ Fiduciaries: Help for Fiduciaries and Unsuspecting Fiduciaries

As a securities attorney that represents investors and provides consulting and compliance services to RIA firms, I can honestly say that one of the most common problems I encounter with RIA firms is a failure to develop an effective risk … 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

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

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

Integrated Estate Planning: A Win-Win for Both Clients and Wealth Managers

The concept of wealth management is an interesting proposition.  A recent study by CEG Worldwide concluded that only 6 percent of those holding themselves out as wealth managers actually provided comprehensive wealth management services, with the remaining 94 percent simply … Continue reading

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Five Legal Decisions Every RIA and Fiduciary Should Know

In his most recent book, “The New Wealth Management, “ respected industry expert Harold Evensky noted that investment advisers have an obligation to understand both their professional duties and their legal responsibilities.  While compliance violations often result in fines, legal … Continue reading

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