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State securities administrators lead on Title protection

By The Institute on March 7, 2025

Article Originally Published: Financial Advisor

As the Securities and Exchange Commission pumps the brakes on securities enforcement, the North American Securities Administrators Association is preparing to roll out a regulatory standard of its own to help states better protect investors from financial advisors with conflicts of interest, an NASAA official said in an interview today.

In particular, NASAA wants to stop firms and professionals from using the titles “adviser” or “advisor” unless they are registered as an RIA or investment advisor representative. That goes beyond what the SEC’s own Regulation Best Interest calls for.

The association plans to unveil its new regulatory standard at its annual fall meeting in Scottsdale, Ariz., this year, said Amy Kopleton, chair of the NASAA’s Broker-Dealer Market and Regulatory Policy and Review Project Group.

The association’s model is built around Regulation Best Interest, the SEC’s mandate for advisors to act in their clients’ best interest without conflicts (it went into effect two years ago). The NASAA model regulation was at first significantly tougher, but outcry from the industry persuaded the association’s project group to eliminate a number of requirements in order to track Reg BI more closely instead of forcing advisors to meet higher standards.

[Read the full article on Financial Advisor…]

Dan Moisand

 

Dan Moisand is a nationally recognized fiduciary fee-only financial planner, an Institute Real Fiduciary™ Advisor and Chair-elect of the CFP Board.

The Institute has enshrined the ‘Moisand Rule’ on fiduciary practices. It is basic and is more important today than ever: “You have to avoid conflicts. If I avoid a conflict, I don’t worry about it.”

Watch the video of Moisand speaking here.

Bob Veres

 

Bob Veres is a long term observer of financial planning. His Newsletter, “Inside information” Is a staple of leading planners. In the May edition he writes about fiduciary and the Institute.

"But a much bigger point is that the fiduciary standard—as Knut Rostad of the Institute for the Fiduciary Standard has pointed out—has been determined by the Supreme Court (1963 ruling) to be at the very heart of the Investment Advisers Act of 1940. It is the foundation of what it means to be an RIA registered with the SEC instead of a tipster or a tout."

- Bob Veres, Parting Thoughts ... The SEC's Own Compliance Culture

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