Standards governing brokers and advisers are a longstanding issue. The fiduciary standard requires advisers to adhere to a higher ethical standard when making investment decisions for clients. The suitability rule allows brokers to recommend investments they think are suitable, even if their firm created the product and will profit more from the client buying it over a similar product.
This year the Labor Department is expected to rule on whether a fiduciary standard needs to be in place for the management of
401(k) plans and other investment vehicles that come under its purview. The ruling is expected to make anyone who offers advice on these plans adhere to the fiduciary standard.
But Knut A. Rostad, regulatory and compliance officer at Rembert Pendleton Jackson Investment Advisors and president of the Ins ute for the Fiduciary Standard, said how transformative the ruling would be would depend on how advice and education were defined. A firm calling its advice education might not be bound by the fiduciary standard.
“Many brokers work very hard underneath the headlights to provide a fiduciary level of service, even though they’re not required to,” Mr. Rostad said. “But there are many who don’t do that. From a regulatory point of view there is no way for a broker to be a fiduciary for
retirement assets but not everything else.”
This is where any ruling from the Securities and Exchange Commission would have a broader impact.
Advisers like Mr. Rostad worry that an S.E.C. requirement for brokers to be fiduciaries could be so vague it would be worse than no requirement at all.
“Virtually overnight every single financial investment intermediary would call themselves a fiduciary, but they would be working under the same rules that they are now,” he said.