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Old 11-11-2006, 12:41 PM
Durban
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Default Re: Fiduciary duty and "selling away"

Peter Cooper wrote:
- quote -

> If you're an Investment Advisor Representative (IAR) working for a
> Registered Investment Advisor (RIA or "Broker Dealer"), and you're
> offering fee-based financial planning services, isn't there a conflict
> between your fiduciary duty to your client and the NASD rules which
> prohibit selling away?

I believe that you are mis-understanding the NASD rule of selling away.
For me to sell away would be to sell an investment to a client and
collect a commission on the sale of that investment. By the way, a
"Broker Dealer" and a "Registered Investment Advisor" are 2 separate and
distinct registrations. Many Broker Dealers are also Registered
Investment Advisors. Broker Dealers (and their Registered
Representatives) are held to a "Suitability" standard. Registered
Investment Advisors (and their Investment Advisor Representatives, IARs)
are held to a higher fiduciary or "client's best interest" standard.
- quote -

> As an example, if I uncover that the client would be better off moving
> their account to another B/D, aren't I violating the rules against
> selling away if I tell them that?

The financial services industry is currently suffering from from a lot
of internal rifts. The "Merrill Lynch Rule" specifically omits BDs who
are also RIAs from a fiduciary standard. See
http://www.prudentllc.com/download/O...%200520061.pdf for more
info...

  #-1  
Old 11-10-2006, 06:03 PM
Peter Cooper
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Posts: n/a
Default Fiduciary duty and "selling away"

If you're an Investment Advisor Representative (IAR) working for a
Registered Investment Advisor (RIA or "Broker Dealer"), and you're
offering fee-based financial planning services, isn't there a conflict
between your fiduciary duty to your client and the NASD rules which
prohibit selling away?

As an example, if I uncover that the client would be better off moving
their account to another B/D, aren't I violating the rules against
selling away if I tell them that?

 

Tags
duty, fiduciary, selling away
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