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Tag Archives: compliance
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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Done Deal: The SEC, NASD and FINRA on the Fiduciary Standard
SEC – As we have frequently pointed out, a broker’s recommendations must be consistent with his customer’s best interests. (Wendell D. Belden, Exchange Act Rel. No. 34-47859, 2003) – As we have frequently stated, a broker’s recommendations must be consistent … Continue reading
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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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
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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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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
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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 Key Factor in Liability Risk Management
I was at a conference recently to serve on a panel to discuss various fiduciary issues, including FINRA Regulatory Notice 12-25 and the universal fiduciary standard. When I am at a conference, I rarely attend other presentations for the very … Continue reading
Posted in 401k compliance, 404c compliance, compliance, fiduciary compliance, fiduciary law, investments, RIA Compliance, securities compliance, wealth management, wealth preservation
Tagged 401k compliance, 404c compliance, compliance, fiduciary, fiduciary law, FINRA, investment advisers, portfolio optimization, RIA compliance, RIA risk management, risk management, securities compliance, suitability, wealth management, wealth preservation
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The Prudent Investment Fiduciary Rules 
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