By Thomas G. Chipain / October 20, 2009 --
The hottest debate in the financial services industry is which standard should be adopted when dealing with clients and their finances- the fiduciary standard, the suitability standard or some hybrid of both. Everyone from the White House to every oversight organization, every financial magazine, newspaper and every financial advisor or industry expert, famous and not so famous, have expressed their opinion on this passionate subject. Ironically, the only groups we haven’t heard from are the big broker/dealers.
Now this Investment Advisor is throwing his hat into the ring, offering his opinion from a philosophical/moral point of view. The industry is at a crossroads; do we have the ethical fortitude to treat our clients with the same high regard that other industries do?
Let’s review; The Fiduciary Standard requires that the advisor put their client’s interests ahead of their own, their firm, commission, or product. An RIA or Registered Investment Advisor must follow this standard the “Trust” standard, the highest known in law, and fulfill critical fiduciary duties of trust and confidence and must provide its best advice.
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Comments: 7
When I asked one financial adviser why he does not sell me no-load mutual funds and only the high front load mutual funds, he told me "because I don't make any money."
Q: Why doesn't CFP Board just say that all CFP® certificants are fiduciaries?
A: The Second Exposure Draft does say that all CFP® certificants who provide financial planning services will be held to the duty of care of a fiduciary, as defined by CFP Board. The Second Exposure Draft also proposes that CFP® certificants "shall at all times place the interest of the client ahead of his or her own," regardless of whether financial planning services are provided to the client.
CFP® professionals may be engaged in a wide range of business activities unrelated to financial planning, and it would be inappropriate for CFP Board to impose a fiduciary standard in such situations. For example, CFP Board would not expect a CFP® professional seeking to sell his or her own home to put the buyer's interest ahead of his or her own. In such a situation, the buyer is typically not a client, and such a relationship would not invoke the fiduciary duty of care in the proposed ethical standards.
For a true fiduciary, look to a registered investment advisor or CPA. If you want to learn more about an advisor, www.financialadvisormatch.com has a directory with over 1.7 million advisors, including descriptions of types of advisors (RIA, Registered Rep, etc) and links to the advisors regulatory bodies. There are other sources for researching advisors available elsewhere on the web, but as you may have guessed from my screen name, I am a little biased towards FiancialAdvisorMatch (FAMatch)