According to Financial Industry Regulatory Authority Chairman and Chief Executive Officer Richard Ketchum, now is the right time to make brokerage firms and investment advisers that provide personalized retail financial advice adhere to a uniform fiduciary standard. However, he warned that such a standard, whether by itself or combined with other regulatory harmonization, does not guarantee misconduct will not happen.
Establishing a uniform fiduciary duty for investment advisers and setting up new oversight for them were both recommended in Securities and Exchange Commission studies that were conducted over two years ago under the order of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Earlier this month, the SEC requested quantitative and economic information to help it decide what that standard of care should be. It also engaged in the conversation of whether investors would benefit more if rules were harmonized in other sectors of investment adviser and broker-dealer regulation, including supervision, firm licensing, advertising, individual qualification, books and records, and others.
Addressing the Consumer Federation of America earlier this month,
Ketchum noted that even if such standard were to be imposed, compliance must be regularly and thoroughly studied and enforced to make sure that investors are protected. The self-regulatory organization, which has been pushing for new laws mandating that an SRO supervise and examine advisers, has been lobbying for the job.
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Related Web Resources:
FINRA Chairman and CEO Ketchum’s Presentation, FINRA
Dodd-Frank Wall Street Reform and Consumer Protection Act (PDF)
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New Hampshire Investment Adviser Focus Capital Wealth Management Accused of Elder Financial Fraud to Pay Exchange Traded Fund Victims $2.4M, Stockbroker Fraud Blog, March 14, 2013
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