Mitch's Mailbox

March 19th, 2021

Fiduciary Rules: Is Your Advisor Acting in Your Best Interests?

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Bill D. from Novato, CA asks: Good Morning Mitch, I read recently that the so-called “fiduciary rule” may not be universally applied in the U.S. Is that accurate? How can an investor like me know that an advisor is acting in my best interests?

Mitch’s Response:

Thanks for writing, Bill, and for asking such an important question. The fiduciary rule – which says that all investment advisors including brokers must act in their clients’ best interests when making investment recommendations – has been under review and undergoing revisions for the last couple of years.

The SEC finally concluded the new rule in 2019, called “Reg BI.” Unfortunately for many investors, the new rule does not legally require brokers to be held to the same standard as investment advisors. In other words, investment advisors are bound to the fiduciary rule, meaning they must make recommendations in the client’s best interests. Brokers, however, are free to recommend whatever products/strategies they want (usually ones that generate commissions), as long as the strategies/products align with an investor’s goals, are free from conflicts of interest, and come with clear disclosures.1

It’s up to you, the investor, to determine if your broker or advisor is bound to the fiduciary rule.

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Prepare Your Investments for Any Market Outcome!

Throughout the last few months, we’ve witnessed the ups and down in the market, which have caused investors to question their next financial move. This is why it’s important to always be prepared for both the good and bad.

As we navigate through this year, understand that anything is possible! How much potential does 2021 have to be an outstanding year for the market? When will the economic recovery take place?

In this report, we make predictions for the sector under and over performers, while also providing thoughts on possible outcomes of 2021. We will look at:

If you have $500,000 or more to invest and want to learn more, download your guide today!

Download Our Just Released, “March Market Strategy Guide”2

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Here’s the problem: while Reg BI is the federal rule set forth by the SEC, some states are taking the issue into their own hands. Some states think that the higher standard for broker conduct is necessary, and as such they are taking matters into their own hands with legislation to make the fiduciary rule – or some version of it – apply to all investment professionals. I think you see what’s coming next – state regulations may differ slightly from one another, only adding to the challenges investors face in navigating the advisory world.

As I write, Massachusetts, Nevada, New Jersey, and New York have either passed or are about to pass some version of their own fiduciary rule. This means that brokers in these states will not only have to comply to Reg BI, but also the state rules. In the worst-case scenario, the additional costs incurred in complying with a complex set of regulations will get passed onto the investor, in the form of higher fees or even commissions.

Annuities are another category where the regulatory landscape is fuzzy, because annuities don’t fall under the scope of Reg BI. The National Association of Insurance Commissioners (NAIC) is the body that regulates annuities, and they recently announced they are proposing a set of rules for annuities that would closely resemble the fiduciary rule – in the best interest of the client, with full transparency on fees and provisions. Alabama, Arkansas, Arizona, Delaware, Iowa, Michigan, and Rhode Island have all adopted these NAIC suitability rules.

At the end of the day, as you can see, we’re heading towards a hodgepodge of state regulations and federal regulations, which is not great for the investor. Many investors have no choice but to do the research in their state to see what the rules are.

The easiest solution, in my view – work with advisors who adhere to the fiduciary rule, meaning they must act in your best interests always. At Zacks Investment Management, we adhere to the fiduciary rule. Simple as that.

After last year, many investors were looking for more normalcy in 2021. But, 2021 so far has been filled with many ups and downs in the market. We can help you manage your expectations this year and going forward by focusing on key data points and facts!

In our just-released March Market Strategy Report3, we make predictions for sector under and over performers, while also providing thoughts on possible outcomes of 2021. We will look at:

If you have $500,000 or more to invest and want to learn more, click on the link below to get your free report today!

Disclosure

1 Wall Street Journal. March 7, 2021. https://www.wsj.com/articles/financial-advisers-and-investors-face-a-crazy-quilt-of-state-regulations-11615122000?mod=djemMoneyBeat_us

2 Zacks Investment Management reserves the right to amend the terms or rescind the free Market Strategy Report offer at any time and for any reason at its discretion.

3 Zacks Investment Management reserves the right to amend the terms or rescind the free Market Strategy Report offer at any time and for any reason at its discretion.

DISCLOSURE

Past performance is no guarantee of future results. Inherent in any investment is the potential for loss.

Zacks Investment Management, Inc. is a wholly-owned subsidiary of Zacks Investment Research. Zacks Investment Management is an independent Registered Investment Advisory firm and acts as an investment manager for individuals and institutions. Zacks Investment Research is a provider of earnings data and other financial data to institutions and to individuals.

This material is being provided for informational purposes only and nothing herein constitutes investment, legal, accounting or tax advice, or a recommendation to buy, sell or hold a security. Do not act or rely upon the information and advice given in this publication without seeking the services of competent and professional legal, tax, or accounting counsel. Publication and distribution of this article is not intended to create, and the information contained herein does not constitute, an attorney-client relationship. No recommendation or advice is being given as to whether any investment or strategy is suitable for a particular investor. It should not be assumed that any investments in securities, companies, sectors or markets identified and described were or will be profitable. All information is current as of the date of herein and is subject to change without notice. Any views or opinions expressed may not reflect those of the firm as a whole.

Any projections, targets, or estimates in this report are forward looking statements and are based on the firm’s research, analysis, and assumptions. Due to rapidly changing market conditions and the complexity of investment decisions, supplemental information and other sources may be required to make informed investment decisions based on your individual investment objectives and suitability specifications. All expressions of opinions are subject to change without notice. Clients should seek financial advice regarding the appropriateness of investing in any security or investment strategy discussed in this presentation.

Certain economic and market information contained herein has been obtained from published sources prepared by other parties. Zacks Investment Management does not assume any responsibility for the accuracy or completeness of such information. Further, no third party has assumed responsibility for independently verifying the information contained herein and accordingly no such persons make any representations with respect to the accuracy, completeness or reasonableness of the information provided herein. Unless otherwise indicated, market analysis and conclusions are based upon opinions or assumptions that Zacks Investment Management considers to be reasonable. Any investment inherently involves a high degree of risk, beyond any specific risks discussed herein.

The S&P 500 Index is a well-known, unmanaged index of the prices of 500 large-company common stocks, mainly blue-chip stocks, selected by Standard & Poor’s. The S&P 500 Index assumes reinvestment of dividends but does not reflect advisory fees. The volatility of the benchmark may be materially different from the individual performance obtained by a specific investor. An investor cannot invest directly in an index.
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