The Wall Street Journal reports that President Obama’s proposed regulatory changes seek to hold stockbrokers to the same heightened standard of care that applies to Registered Investment Advisers:
Buried in President Obama’s proposed regulatory overhaul is a change that could upend Wall Street: Brokers would be held to a higher “fiduciary” standard that would compel them to place their client’s interests ahead of their own.
Currently, brokers are only required to offer investments that are “suitable,” which means they can’t put clients in inappropriate investments, such as a highly risky stock for an 80-year-old grandmother. The move could change the way products are sold and marketed and even how brokers are compensated.
Big yawn, you say? I don’t blame you. But a higher standard of care could have concrete results:
Many investors don’t even know the difference between the two standards, believing their brokers already are acting in their best interests.
But requiring brokers to operate under a fiduciary standard could force them to offer products that are less costly and more tax-efficient. They will have to disclose any potential conflicts of interest, such as any fees they may get for favoring one product over another. That could mean clients will be offered fewer proprietary products if the broker can find a lower-cost option elsewhere.
For example, a broker couldn’t put you in a mutual fund with higher fees — or one he gets a bigger commission for selling — if he could get a comparable fund with lower fees elsewhere, says Tamar Frankel, an expert on fiduciary law at Boston University School of Law.
The main question is, What will “fiduciary” mean by the time the banks, lobbyists, and legislators get through with it? If only we could get the word out about how important this is to consumers everywhere so they could rise up and demand that Webster’s and Black’s Law Dictionary be brought to the rescue to ensure that the word “fiduciary” — and the standard of care it embodies – stays strong and true and deserving of its Latin derivation meaning “trust.”
Right, I understand: big yawn.
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