Category Archives: RIA Compliance

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

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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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SEC Focuses on Compliance and CCOs

SEC alert demonstrates need for CCOs to focus on both compliance and risk management, both for firm and personal protection.  http://www.investmentnews.com/article/20120205/REG/302059986

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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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That Dog Won’t Hunt

First, my apologies for the delay between posts.  It has been incredibly busy between helping advisers prepare for the conversion to state supervision, helping new RIAs set-up their practices and performing fiduciary audits.  I think RIA firms are finally getting … Continue reading

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3 FAQs on RIA Ks

I recently received a call from an RIA firm that had been cited during an audit for having an improper RIA client contract.  The CEO explained that they had tried to save some money by copying an advisory contract from … Continue reading

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RIA Compliance in 3-D

Regulators are stepping up their surveillance of RIA firms.  While RIA firms are complaining about the time and cost requirements to prepare and maintain an acceptable compliance program, most compliance issues can be reduced to one of three areas – … 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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