The Oklahoman

Appeals court kills fiduciary rule, leaving small investors most vulnerable

- PAULA BURKES, BUSINESS WRITER

Q: What was the fiduciary rule? A: The Department of Labor’s fiduciary rule, also known as the “Conflict of Interest Rule,” took effect on June 9, 2017, following a six-year period of drafting. The fiduciary rule was important for consumers in that all financial profession­als were finally required to put their customers’ interest ahead of their own when it came to managing their clients’ retirement accounts. Prior to inception of this rule, less stringent requiremen­ts permitted brokers and advisers to recommend investment­s that were merely “suitable.” The fiduciary rule left no room for advisers to conceal any potential conflict of interest, requiring that all fees and commission­s must be clearly disclosed in dollar form to clients when dealing with their clients’ retirement accounts. Unfortunat­ely for consumers, the U.S. Court of Appeals for the Fifth Circuit struck down the fiduciary rule on June 21.

Q: Why was the fiduciary rule killed?

A: Opponents argued that the rule made it too expensive for financial profession­als and advisers to manage the accounts of small investors, and that it was possible for advisers to charge commission­s without conflict. The court said the rule was “unreasonab­le,” and that not all commission­s are bad, but that transparen­cy of fees is key when charging for advice. The court concluded that the Department of Labor, which oversees the fiduciary rule, “overreache­d” with its mission.

Q: Who will be most affected by the court’s decision? A: Small investors likely will be most affected by this decision because they may not have the assets required to qualify for some advisers’ services. Consequent­ly, these investors are at risk of being sold unnecessar­y products loaded with commission­s. Investors need to be vigilant when hiring a financial profession­al, and remain hopeful that legislator­s will find other ways to help protect their financial assets.

Q: How can investors protect themselves from companies with a conflict of interest?

A: With the death of the fiduciary rule, it’s imperative that investors do their due diligence when hiring a financial profession­al. Consumers should understand their adviser’s credential­s and check out his or her background to ensure no complaints have been filed. It’s also important to ask how — and how much — an adviser is paid, and if compensati­on is different with different products. When it comes to investing, the best line of defense against nonfiducia­ry practices is to select a financial profession­al or firm with the registered investment adviser (RIA) designatio­n. RIAs are required to operate as fiduciarie­s and in the best interest of their clients when managing not only retirement accounts, but also all type of accounts.

 ??  ?? Kendall W. King is CEO of Castleview Wealth Advisors and author of the book “Abundance.”
Kendall W. King is CEO of Castleview Wealth Advisors and author of the book “Abundance.”

Newspapers in English

Newspapers from United States