By Arthur Laby — This Article provides a sustained account of advice giving as a fiduciary activity, and it demonstrates that the dominant approach to defining fiduciary relationships is flawed. Leading academic commentators assert that fiduciary relationships only arise when one party has discretion over the assets or affairs of another.
Research
The Institute Comments on the Proposal Regarding “Outsourcing by Investment Advisors”
Read the comments made by The Institute
Additional Testing Of Thirty Fee-Only IAs CRS Reveals The Widespread Practice of Omitting Mention Of Fiduciary Status
Further testing of Fee-only IAs CRS forms reveal that fiduciary status is frequently omitted
The Case to Fix Form CRS Disclosure
Testing reveals CRS forms of Large BDs obscure or omit key facts on core roles/purposes of broker-dealers. Large fee-only RIAs downplay fiduciary status, 5 of 12 omit mentioning their highest legal standard
“Investor Confusion” Over How Advisers Differ from Brokers Stymies Regulatory Disclosure, Experts Say
Since the 2008 SEC RAND Report, “investor confusion” has been the central story. The Institute argues that bad language, instead, is to blame.
Fiduciary Leaders Call on SEC to Repair Defects of Rulemakings and Interpretation to Restore Investor Trust
Major repairs to Reg BI, Form CRS and Adviser Act guidance are proposed to affirm broker and adviser differences and to level with investors
