Tuesday, November 15, 2011

Fiduciary Standards for those on Wall Street

The Department of Labor and the Securities and Exchange Commission continue to consider the extent to which they should extend fiduciary obligations to individuals and entities who provide investment advice. Recent history tells us that Wall Street is likely to fight tooth and nail against any extension of fiduciary status.  

What is this fight about?  Money, of course.

Although Wall Street tries to make them sound complex, new, and almost unheard of, fiduciary standards are simple to understand.  They require fairness, impartiality (or disclosure of self-interest), and efforts to serve the client's best interest instead of the fiduciary's best interest. The standards have been part of trust law since before the founding of the U.S.  And, they are part of the obligations of many professionals, of corporate directors, and, according to many, even of members of congress.    

Wall Street argues that if these standards are extended to many who now provide investment advice without having these obligations, the result would be horrendously expensive and that investors would no longer be able to afford investment advice.  This begs a number of questions.  Today I will start with one (or maybe two if you're picky).  How much more would it cost to provide investors with advice that is fair, impartial and in the investors' best interest, and if it would be horrendously expensive what does that tell investors about the quality of the advice they are getting today?




Monday, November 14, 2011

I have blogged on another site (http://mblog.lib.umich.edu/~dmuir/) about various fiduciary-related issues, including Wal-Mart's health care cutbacks (yes, I explained why I think that move has fiduciary implications) and the Department of Labor's proposed revised definition of when a provider of investment advice is a fiduciary.  Although the Department withdrew its proposed regulations, I think the Department's effort was necessary and on the right track. I hope I've piqued your interest and you will check back here soon.