{"id":9424,"date":"2021-03-19T14:35:52","date_gmt":"2021-03-19T14:35:52","guid":{"rendered":"https:\/\/zackspcg.com\/blog\/?p=9424"},"modified":"2022-02-26T13:05:52","modified_gmt":"2022-02-26T13:05:52","slug":"fiduciary-rules-is-your-advisor-acting-in-your-best-interests","status":"publish","type":"post","link":"https:\/\/zacksim.com\/blog\/fiduciary-rules-is-your-advisor-acting-in-your-best-interests\/","title":{"rendered":"Fiduciary Rules: Is Your Advisor Acting in Your Best Interests?"},"content":{"rendered":"\n<p><em>Bill D. from Novato,\nCA asks: <\/em>Good Morning Mitch, I read recently that the so-called \u201cfiduciary\nrule\u201d may not be universally applied in the U.S. Is that accurate? How can an\ninvestor like me know that an advisor is acting in my best interests?<\/p>\n\n\n\n<p><strong>Mitch\u2019s Response:<\/strong><\/p>\n\n\n\n<p>Thanks for writing, Bill, and for asking such an important\nquestion. The fiduciary rule \u2013 <em>which says\nthat all investment advisors including brokers must act in their clients\u2019 best\ninterests when making investment recommendations<\/em> \u2013 has been under review\nand undergoing revisions for the last couple of years. <\/p>\n\n\n\n<p>The SEC finally concluded the new rule in 2019, called \u201cReg\nBI.\u201d Unfortunately for many investors, the new rule does not legally require\nbrokers to be held to the same standard as investment advisors. In other words,\ninvestment advisors are bound to the fiduciary rule, meaning they must make\nrecommendations in the client\u2019s best interests. Brokers, however, are free to\nrecommend whatever products\/strategies they want (usually ones that generate commissions),\nas long as the strategies\/products align with an investor\u2019s goals, are free\nfrom conflicts of interest, and come with clear disclosures.<sup>1<\/sup><\/p>\n\n\n\n<p>It\u2019s up to you, the investor, to determine if your broker or\nadvisor is bound to the fiduciary rule. <\/p>\n\n\n\n<p>______________________________________________________________________<\/p>\n\n\n\n<p><strong><a href=\"https:\/\/go.steadyinvestor.com\/arrow-market-strategy-report?source=zim&amp;medium=blog&amp;term=mitchsmailbox_zim_2021_03_18&amp;content=market_strategy_report\">Prepare Your Investments for Any Market Outcome!<\/a><\/strong><\/p>\n\n\n\n<p>Throughout\nthe last few months, we\u2019ve witnessed the ups and down in the market, which have\ncaused investors to question their next financial move. This is why it\u2019s\nimportant to always be prepared for both the good and bad.<\/p>\n\n\n\n<p>As\nwe navigate through this year, understand that anything is possible! How much\npotential does 2021 have to be an outstanding year for the market? When will\nthe economic recovery take place? <\/p>\n\n\n\n<p>In this report, we make\npredictions for the sector under and over performers, while also providing\nthoughts on possible outcomes of 2021. We will look at:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Big Tech rally numbers based on last year\u2019s performance<\/li><li>What could we expect from the tech industry this year?<\/li><li>Zacks 2021 \u201cForecasts at a Glance\u201d<\/li><\/ul>\n\n\n\n<p>If you have $500,000 or\nmore to invest and want to learn more, download your guide today!<\/p>\n\n\n\n<p><strong><a href=\"https:\/\/go.steadyinvestor.com\/arrow-market-strategy-report?source=zim&amp;medium=blog&amp;term=mitchsmailbox_zim_2021_03_18&amp;content=market_strategy_report\">Download Our Just Released, \u201cMarch Market Strategy Guide\u201d<\/a><sup><a href=\"https:\/\/go.steadyinvestor.com\/arrow-market-strategy-report?source=zim&amp;medium=blog&amp;term=mitchsmailbox_zim_2021_03_18&amp;content=market_strategy_report\">2<\/a><\/sup><\/strong><\/p>\n\n\n\n<p>______________________________________________________________________<\/p>\n\n\n\n<p>Here\u2019s the problem: while Reg BI is the federal rule set\nforth by the SEC, some states are taking the issue into their own hands. Some\nstates think that the higher standard for broker conduct is necessary, and as\nsuch they are taking matters into their own hands with legislation to make the\nfiduciary rule \u2013 or some version of it \u2013 apply to all investment professionals.\nI think you see what\u2019s coming next \u2013 state regulations may differ slightly from\none another, only adding to the challenges investors face in navigating the\nadvisory world. <\/p>\n\n\n\n<p>As I write, Massachusetts, Nevada, New Jersey, and New York\nhave either passed or are about to pass some version of their own fiduciary\nrule. This means that brokers in these states will not only have to comply to\nReg BI, but also the state rules. In the worst-case scenario, the additional\ncosts incurred in complying with a complex set of regulations will get passed\nonto the investor, in the form of higher fees or even commissions. <\/p>\n\n\n\n<p>Annuities are another category where the regulatory\nlandscape is fuzzy, because annuities don\u2019t fall under the scope of Reg BI. The\nNational Association of Insurance Commissioners (NAIC) is the body that\nregulates annuities, and they recently announced they are proposing a set of\nrules for annuities that would closely resemble the fiduciary rule \u2013 in the\nbest interest of the client, with full transparency on fees and provisions.\nAlabama, Arkansas, Arizona, Delaware, Iowa, Michigan, and Rhode Island have all\nadopted these NAIC suitability rules. <\/p>\n\n\n\n<p>At the end of the day, as you can see, we\u2019re heading towards\na hodgepodge of state regulations and federal regulations, which is not great\nfor the investor. Many investors have no choice but to do the research in their\nstate to see what the rules are. <\/p>\n\n\n\n<p>The easiest solution, in my view \u2013 work with advisors who\nadhere to the fiduciary rule, meaning they must act in your best interests\nalways. At Zacks Investment Management, we adhere to the fiduciary rule. Simple\nas that. <\/p>\n\n\n\n<p>After last year, many investors were looking for more\nnormalcy in 2021. But, 2021 so far has been filled with many ups and downs in\nthe market. We can help you manage your expectations this year and going forward\nby focusing on key data points and facts! <\/p>\n\n\n\n<p>In our just-released March Market Strategy Report<sup>3<\/sup>, we make\npredictions for sector under and over performers, while also providing thoughts\non possible outcomes of 2021. We will look at: <\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Big Tech rally numbers based on last year\u2019s performance<\/li><li>What could we expect from the tech industry this year?<\/li><li>Zacks 2021 \u201cForecasts at a Glance\u201d<\/li><\/ul>\n\n\n\n<p>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!<br><\/p>\n","protected":false},"excerpt":{"rendered":"<p>There is a hodgepodge of state and federal regulations for advisors and brokers\u2014and what you don&#8217;t know could cost you<\/p>\n","protected":false},"author":3,"featured_media":7436,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[66,71],"tags":[],"class_list":["post-9424","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-mitchs-mailbox","category-private-client-group"],"acf":[],"_links":{"self":[{"href":"https:\/\/zacksim.com\/blog\/wp-json\/wp\/v2\/posts\/9424","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/zacksim.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/zacksim.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/zacksim.com\/blog\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/zacksim.com\/blog\/wp-json\/wp\/v2\/comments?post=9424"}],"version-history":[{"count":1,"href":"https:\/\/zacksim.com\/blog\/wp-json\/wp\/v2\/posts\/9424\/revisions"}],"predecessor-version":[{"id":10430,"href":"https:\/\/zacksim.com\/blog\/wp-json\/wp\/v2\/posts\/9424\/revisions\/10430"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/zacksim.com\/blog\/wp-json\/"}],"wp:attachment":[{"href":"https:\/\/zacksim.com\/blog\/wp-json\/wp\/v2\/media?parent=9424"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/zacksim.com\/blog\/wp-json\/wp\/v2\/categories?post=9424"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/zacksim.com\/blog\/wp-json\/wp\/v2\/tags?post=9424"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}