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- Implications of Section 78(3) of the Restatement (Third) of Trusts and the Expanding “Knew or Should Have Known” Liability Standard in the Era of AI
- Closing Argument: Humble Arithmetic, Common Sense, and Fiduciary Liability vs. In-Plan Annuities
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Tag Archives: 404c
Cross-Examining Financial Planning’s Active vs. Passive Study
Financial Planning magazine recently ran an article on their online site purportedly to demonstrate that actively managed mutual funds provide better performance than passively managed mutual funds, such as the popular index funds. Whenever I see such claims, the securities … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, evidence based investing, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c, 404c compliance, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, financial planning, investment advisers, modern portfolio theory, pension plans, retirement plans, RIA risk management, wealth management, wealth preservation
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Protecting Your Practice with the Active Management Value Ratio 2.0™
RIAs often have mock audits performed. These audits generally focus on the various regulatory requirements for RIA, including the various documents and internal procedures of an RIA. More often than not, these mock audits do not include a forensic fiduciary … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, evidence based investing, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, RIA, RIA Compliance, securities, securities compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, FINRA, investment advisers, investment analysis tools, pension plans, portfolio optimization, retirement plans, RIA, RIA compliance, RIA risk management, risk management, securities compliance, suitability, wealth management, wealth preservation
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Avoiding ERISA’s #1 Fiduciary Liability “Gotcha”
Facts do not cease to exist because they are ignored. – Aldous Huxley Fiduciary law is a combination of trust and agency law. The basic rule of fiduciary law is that a fiduciary must always put their customer’s/client’s best interests … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth management, wealth preservation
Tagged 401k compliance, 404c, 404c compliance, asset allocation, ERISA, fiduciary, fiduciary investing, fiduciary law, FINRA, investment advisers, investment analysis tools, pension plans, portfolio optimization, retirement plans, suitability, wealth management, wealth preservation
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Investment Industry Has Some ‘Splaining to Do
“[B]rokers’ recommendations must be consistent with their customers’ “best interest.(1) “[A] central aspect of a broker-dealer’s duty of fair dealing is the suitability obligation, which generally requires a broker-dealer to make recommendations that are consistent with the best interests of … Continue reading
Posted in 401k, 401k compliance, 404c, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, RIA, RIA Compliance, securities compliance, wealth management
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, FINRA, investment advisers, pension plans, retirement plans, RIA compliance, suitability, wealth management
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Oil and Water: Fiduciaries and Variable Annuities
The financial services industry continues to try to convince investment advisers and other financial fiduciaries to sell variable annuities. Smart RIAs and other financial fiduciaries ignore these pleas, as they realize that variable annuities are liability traps for fiduciaries, blatant … Continue reading
Posted in 401k, 401k compliance, compliance, fiduciary compliance, fiduciary law, investments, retirement plans, RIA, RIA Compliance, securities compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, fiduciary, fiduciary investing, fiduciary law, financial plans, FINRA, investment advisers, pension plans, retirement plans, RIA, RIA compliance, securities compliance, suitability, wealth management, wealth preservation
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A Closer Look At The “Top” 401(k) Mutual Funds
Each year various publications put out their lists of “top” or “best” mutual funds. I always enjoy going through such lists and performing a forensic analysis of the funds on such lists to get a better analysis of each fund. … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c, 404c compliance, compliance, ERISA, fiduciary, fiduciary investing, fiduciary law, investment advisers, retirement plans, wealth management, wealth preservation
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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
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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
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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
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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
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