The new Department of Labor (DOL) Fiduciary Rule that was enacted and scheduled to begin this month on April 10th has been postponed 60 days to June 9th. Brokerage Firms and Financial Advisors are responsible for compliance with the rules as they are now written. Keeping in mind that the requirements may be modified or eliminated based on the what happens during the 60-day delay. Klayman & Toskes, P.A. is monitoring the developments and will keep investors posted and provide further updates as they become available.
Best Interest Contract (BIC)
Brokerage firms and financial advisors who recommend investment of retirement funds into investment and insurance products that provide commission-based compensation are subject to Best Interest Contract disclosure requirements. The BIC requires the disclosure of compensation to the client and the acknowledgement of the Fiduciary Standards, which are met through the recommended investment.
Under the current DOL Fiduciary Rule, brokerage firms and financial advisors are considered Fiduciaries for all retirement accounts. Accordingly, the following fiduciary standards must be met:
Avoid Conflicts of Interest
This primarily refers to receiving Commissions on brokerage accounts or compensation paid by Product Vendors. The BIC allows the payment of commissions to brokerage firms and financial advisors but requires that all other aspects of the fiduciary standards are followed.
Advice Must Be in Client’s Best Interest
A written explanation and proof of “client’s best interest” will be required for every transaction.
Give Prudent Advice
Financial advice must be prudent and suitable based on the clients’ risk tolerance, in the clients’ best interest, have reasonable expenses and pay no more than reasonable compensation.
The DOL Fiduciary Rule recommends two tiers of investments when giving advice on retirement accounts. The second Tier of investments will be prohibited in retirement accounts unless an exception is provided. The prohibited investments include, Illiquid and difficult to value securities, such as:
- Non-traded Business Development Companies (BDCs),
- Nontraded Real Estate Investment Trusts (REITS),
- Private Placements and other illiquid products.
About Klayman & Toskes, P.A.
Klayman & Toskes, P.A. is dedicated to the protection of investor rights and the recovery of investment losses in retirement accounts that are the result of violations of FINRA sales practice rule and regulations.