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Opponents of Maryland fiduciary bill tell lawmakers to wait on SEC

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By Mark Schoeff Jr.

Originally published on Investment News

Supporter praises state for stepping in where federal regulator falls short

Opponents of a Maryland bill that would raise investment advice standards for the state’s brokers and insurance agents told lawmakers Wednesday to wait for the Securities and Exchange Commission to go first on advice reform.

But a supporter praised Maryland for stepping in where he said the SEC would fail.

The Maryland House Economic Matters Committee and the Senate Finance Committee held hearings on bills that would impose a fiduciary duty on brokers and insurance sales professionals, requiring them to act in their clients’ best interest without regard to their own financial gain.

Waves of witnesses gave short testimony before Maryland legislators, with most of the discussion focusing on the fiduciary provision — even though it comprises less than a full page of the 50-page legislation designed to protect financial consumers.

Most of the people participating in the hearings urged Maryland lawmakers to put the brakes on, and warned state action could be preempted by a federal rule.

“We’re just asking you to wait until the SEC concludes its work,” Mark Quinn, director of regulatory affairs at Cetera Financial Group, told House lawmakers.

Lisa Bleier, managing director and associate general counsel at the Securities Industry and Financial Markets Association, tried to assure lawmakers that the centerpiece of the SEC’s proposal, Regulation Best Interest, would require brokers to disclose and mitigate conflicts of interest.

“Mere disclosure is not enough under the proposed Regulation Best Interest,” Ms. Bleier said at the House hearing.

But Knut Rostad, president of the Institute for the Fiduciary Standard, praised the Maryland bill, saying it would provide better investor protection than the SEC proposal.

“The SEC is virtually certain to fall short of a true fiduciary standard,” Mr. Rostad said in his House testimony. He added in prepared remarks: “Maryland has a unique opportunity to lead the nation towards a real fiduciary standard.”

Read the full article on Investment News

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