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Thursday, August 30, 2012 4:03:28 PM
There are 'Standards of Practice' among various types of Investment Practitioners...
Registered Investment Advisors [RIAs] that meet a threshold assets under management are regulated by the SEC under the Investment Advisors Act of 1940 (smaller RIAs are regulated by state securities regulators).
Generally, the 1940 Act provides that the Advisor must act as a fiduciary which, according to the SEC, means that the Advisor must seek to avoid conflicts of interest with his or her clients, and to disclose to them such conflicts of interest as may then remain. It is a short—but unwarranted—leap of logic to assume that any person offering investment advisory services to a client will, in fact, provide conflict-free services, at a level of care skill and caution demanded from a fiduciary.
In a legal evolutionary 'dance', the stricter 'Disclosure' requirements of recent statutes increase the volume of disclosure materials...
Conflict of Interest. Ouch!
Potentially Flirting the boundary and scope of REGULATION FD.
Wonder what Larry Spirgel would think?
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