By: Tim Hayes Financial Advisor - posted in: Investment Advisor - Last updated Jun 17, 2019

The Standard of Care You Want from Your Financial Advisor

Many financial advisors are dual-registered—that is, they are a registered representative of a broker-dealer and an investment adviser representative of an investment advisor.

Each registration has their own requirements of the level of care. An investment advisor is a fiduciary. That means they owe the client a higher oath of loyalty. They must act in their best interest and disclose any conflicts of interest.

The Standard of Care You Receive

Most of my asset management business (90%) is as an investment adviser representative where I charge the client a level or flat fee usually based on the size of their portfolio.

Occasionally, I do receive commissions through my work as a registered representative. If the client has a smaller account such as a Roth IRA, 529 Plan, or a teacher saving in a 403(b) plan at work. Most of these clients end up paying less with a commission product. And maybe they do not need the same level of time as clients that are being charged an annual fee.

Registered Representatives are not fiduciaries. But they do have a standard of care required called suitability. The advice they offer must be suitable for a client based on the customer’s particular situation. However, they do not have to show their or their employer or broker-dealers conflicts of interest.

A Uniform Standard of Care

Under the 2010 Dodd-Frank Act, Congress directed the Securities and Exchange Commission (SEC) to study the need for establishing a new, uniform, a federal fiduciary standard of care for brokers and investment advisers.

The SEC recommended after the study that registered representatives adopt the same standard of care as investment advisors.

Having a uniform standard would make it easier for investors. As many are unaware that there are two standards and that the same financial advisor could be wearing both hats.

SEC Adopts Rules and Interpretations to Enhance Protections and Preserve Choice for Retail Investors in Their Relationships With Financial Professionals

ERISA

If that is not confusing enough, there is already a third standard.

This is a fiduciary adviser that fall under ERISA. They have the highest standards. Unlike investment advisors who can have conflicts as long as they get disclosed. A fiduciary adviser must cut all conflicts.

These are the opinions of financial advisor Tim Hayes and not necessarily those of Cambridge Investment Research. They are for informational purposes only, and should not be construed or acted upon as individualized investment advice.

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About Financial Advisor Tim Hayes

Independent Financial Advisor

Registered with Cambridge Investment Research, Inc., a broker-dealer with over 3,000 Registered Representatives nationwide. Investment Adviser Representative at Cambridge Investment Research Advisors, Inc., a $94B RIA based in Fairfield, IA. I've held an industry securities registration for 26 years and am subject to SEC and FINRA oversight.

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