Wealth Management
(Washington)
There has been a great deal of industry feedback on the SEC’s best interest rule already and the comment period has only just begun. One point of contention among many is that the SEC proposal did not define the term “best interest”, leaving it vague and wide open to interpretation. However, that was likely the point, and the SEC may be very clever in doing so. According to Charles Schwab, “Once you define something, then it becomes easier to figure out how not to be engaged in that definition”.
FINSUM: The SEC left the definition of best interest out of the proposal because it wants to make it harder for those in the industry to side-step the regulation. Smart play.
(New York)
Advisors (or advisers) look out, your titles are poised to be taken away by the SEC. While much of the focus on the new SEC best interest rule has understandably been centered around its pseudo-fiduciary components, there is actually a major fight brewing over the SEC’s new rules which restrict the use of certain titles. In particular, it wants to bar brokers from using the word “advisor” and potentially “financial planner” as well. The idea is to only associate the word “advisor” with a fiduciary to make it clearer to consumers. Industry interest groups are already railing against the proposal.
FINSUM: We find this a complicated issue. We understand the fiduciary motivation here, but advisors have been using that title for a long time and, for better or worse, are known that way by the public. Further, a fee structure does not, in our view, change whether someone is an advisor (in the general sense of the word).
(Washington)
A lot of financial industry participants have been hoping that the Trump administration might ultimately disassemble much of Dodd-Frank. Bits and pieces have been toned down so far, but the regulation remains mostly intact. Well, it seems like it is going to remain that way. SEC chief Jay Clayton just confirmed that while the SEC may seek to modify Dodd-Frank around the edges, there won’t be major changes. “I don’t think Dodd-Frank is changing a great deal, just to put a pin in it”, said Clayton.
FINSUM: Clearinghouses might see some changes, but otherwise Clayton seems fairly adamant that Dodd-Frank is staying put.
More...
(Washington)
The Trump-era SEC is really starting to make itself felt. Not only has the SEC come out with a lighter touch “best interest” rule, but financial fines have been plummeting. In the six months from October to March, the SEC handed out $102m in fines, 93% lower than the year prior, and the lowest amount in at least 12 years. The total number of cases also fell by a quarter. The largest fine so far under SEC head Jay Clayton was $14m, tiny compared to the $415m fine levied against BAML under former SEC head Mary Jo White.
FINSUM: Financiers had been hoping that we were entering a regulatory-light era under Trump. It really seems to be materializing.
(Washington)
Advisors all over the country are wondering when the SEC rule might be implemented. The DOL’s fiduciary rule took ages to be a reality (and never quite made it), but the SEC rule seems like it will be faster. But how fast? Realistically, probably one year from now, according to one industry expert. BNY Mellon Pershing urges advisors to stay engaged and not catch “fiduciary rule fatigue”. “We still have an opportunity to shape the fiduciary landscape … It's really important that we don't grow weary of the standard of care issue, because we have an opportunity to take the lead”.
FINSUM: A year sounds reasonable. The rule is only in its first iteration now, and we suspect there will be significant changes.
(New York)
Don’t worry, this is a not a story about DOL rule resurrection. The rule remains all-but-dead. This article is about how despite the rule being effectively gone, it has succeeded in completely changing the industry. The famed Michael Kitces summarized the DOL rule’s effect this way, saying “The DOL fiduciary rule really made the discussion of fiduciary for consumers mainstream … You can’t un-ring that bell”. Barron’s focuses on the material changes to offerings in their view, saying “The short-lived standard spurred the industry to lower fees, and prompted brokerages to prune their product lineups and remove conflicts of interest from their compensation structures. These changes are expected to outlive the rule”.
FINSUM: The DOL rule may be gone, but it will certainly never be forgotten.