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Recent Posts
- Is the DOL/EBSA Trying to Serve Two Masters? ERISA Section 404(a)’s Independent Investigation and Evaluation Requirements and the DOL/EBSA Proposed Rule on Alternative Investments
- Much Ado About Nothing?: The DOL’s New Alternative Investment Rule vs. the Administrative Procedure Act
- Reasserting ERISA’s Private Enforcement Design: A Rebuttal to EBSA’s “Frivolous Litigation” Narrative
- When Income Is Not Enough: Why the Continued Inclusion of In-Plan Annuities May Breach ERISA Duties When Compared to Capital-Preserving Income Alternatives and Strategies
- The Active Management Value Ratio as a Cost-Benefit Framework: Integrating AI into Fiduciary Prudence Analysis
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Tag Archives: 404c
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
Posted in 401k compliance, 404c compliance, compliance, investments, RIA, RIA Compliance
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, ERISA, retirement plans, RIA, RIA compliance, risk management
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The RIA’s Achilles’ Heel
As an attorney and a compliance consultant, I realize the difference between RIA compliance and RIA risk management. I also realize the importance of both. Unfortunately, I see far too many cases where RIA firms have unnecessary liability risk exposure … Continue reading
Posted in compliance, investments, RIA, RIA Compliance
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, ERISA, retirement plans, RIA, RIA compliance
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Due Diligence Doldrums
Whether you are a registered representative, an investment advisory representative, or both, you have a legal obligation to do your due diligence regarding the suitability of any investments you intend to recommend to your clients. What many brokers and advisory … Continue reading
Posted in compliance, investments, retirement plans, RIA, RIA Compliance, securities
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, ERISA, retirement plans, RIA, RIA compliance
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The Little Known Win-Win Fiduciary “Gotcha”
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