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Recent Posts
- Upon Further Review; The 3 X 3 Analysis That Shows Why Prudent Plan Sponsors Will Never Offer Annuities Within Their Plan
- The DOL’s Pizarro v. Home Depot Amicus Brief: Borzi and Gomez Don’t Live Here @ EBSA Anymore
- DOL’s Betrayal of American Workers Sends a Clear Message to American Workers: We Really Don’t Give a Damn About You!
- 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: suitability
And Now the Fiduciary Radar Shifts to …
Now that the DOL has released its new fiduciary rule, advisers are wondering what could be “the next big thing” drawing upon the new rule. Canada has recently announced that it would conduct a sweeping investigation of the abusive marketing … Continue reading
Posted in 401k, 401k investments, 404c, 404c compliance, evidence based investing, fiduciary compliance, fiduciary law, investments, pension plans, retirement plans, RIA Compliance, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, investment advisers, investment analysis tools, pension plans, suitability, wealth management, wealth preservation
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“The Prudent Investment Adviser Rule™: Risk and Liability Management for Investment Fiduciaries”
With the pending release of the Department of Labor’s new fiduciary standard, I am happy to announce that my new book and ebook, “The Prudent Investment Adviser Rule™: Risk and Liability Management for Investment Fiduciaries,: are now available at amazon.com. … Continue reading
Posted in compliance, fiduciary compliance, fiduciary law, RIA, RIA Compliance, securities compliance
Tagged compliance, ERISA, fiduciary, fiduciary law, investment advisers, RIA, RIA compliance, RIA risk management, risk management, securities compliance, suitability, wealth management
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401K Mutual Funds Fail Fiduciary Prudence Test
Our recent analysis of the top ten mutual funds in 401(k) plans revealed that 7 of the 10 funds failed to pass our simple fiduciary prudence test. The funds were evaluated based on their five-year performance between 2011-2015. The findings … Continue reading
Posted in 401k, 401k compliance, 401k investments, 404c, 404c compliance, compliance, evidence based investing, fiduciary compliance, fiduciary law, investments, pension plans, wealth management, wealth preservation
Tagged 401k compliance, 404c, 404c compliance, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, financial planning, investment advisers, investment analysis tools, pension plans, retirement plans, RIA, suitability, wealth management, wealth preservation
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Combining the Active Management Value Ratio 2.0™ and the Active Expense Ratio – A More Meaningful Evaluation of Fiduciary Prudence
“The two variables that do the best job in predicting [a mutual fund’s] performance are expense ratios and turnover.”- Burton Malkiel, “A Random Walk Down Wall Street” Registered investment advisers and their representatives are fiduciaries. The courts have consistently held … 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 compliance, asset allocation, ERISA, evidence based investing, fiduciary, fiduciary investing, fiduciary law, investment advisers, investment analysis tools, pension plans, portfolio optimization, RIA, RIA compliance, suitability, wealth management, wealth preservation
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ERISA, Fiduciary Duty and the Art of Skinnydipping
Only when the tide goes out do you discover who’s been swimming naked. – Warren Buffett As followers of this blog know, I normally post once a month. However, I am making an exception due to the importance of the … 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, wealth management, wealth preservation
Tagged 401k, 401k compliance, 404c, 404c compliance, asset allocation, ERISA, fiduciary, fiduciary investing, fiduciary law, investment advisers, investment analysis tools, pension plans, retirement plans, RIA, suitability, 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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Robo-advisors: Much Ado About Nothing?
I just finished reading an article about a recent debate between noted financial advisor Ric Edelman and Adam Nash, CEO of robo-advisor Wealthfront. Interestingly, Edelman suggested that robo-advisors would put many financial advisors out of business. My position is simple. … Continue reading
Posted in 401k, 401k investments, 404c, fiduciary law, investments, pension plans, retirement plans, robo-advisors, roboadvisors, wealth management, wealth preservation
Tagged 401k, asset allocation, fiduciary, fiduciary investing, fiduciary law, financial planning, financial plans, investment advisers, investment analysis tools, pension plans, portfolio optimization, retirement plans, RIA risk management, risk management, robo-advisors, roboadvisors, suitability, wealth management, wealth preservation
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The Prudent Investment Fiduciary Rules 
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