Category Archives: Fiduciary

Financial Planning Coalition Supports the SEC Disclosure Effectiveness Testing Act

The Financial Planning Coalition encouraged the House Financial Services Committee to approve H.R. 1815, the “SEC Disclosure Effectiveness Testing Act.” A fundamental public policy goal of the federal securities laws is to ensure full and adequate disclosure of “material” information to American investors. The expectation is that the disclosure will assist investors in making an informed investment decision.

Yet, information about financial issues and investments is often complex and technical in nature, and investor comprehension of this information typically is poor.  Not surprisingly, recent research conducted on behalf of AARP, Consumer Federation of America and the Coalition organizations, as well as separate research conducted by the SEC, all highlight the challenges and difficulties in developing clear, understandable investor disclosures.  In order to increase disclosure effectiveness, H.R. 1815 would require the SEC to engage in cognitive, one-on one interviews with investors to determine if the disclosure assists in their decision-making prior to finalizing any disclosure document primarily used by retail investors.

Read the full letter here.

Financial Planning Coalition Comments on Nevada’s Draft Regulations Regarding the Fiduciary Duty

The Financial Planning Coalition (“Coalition”) – comprised of Certified Financial Planner Board of Standards (“CFP Board”), the Financial Planning Association® (“FPA”), and the National Association of Personal Financial Advisors (“NAPFA”) – on March 1, 2019 submitted a comment letter to the Nevada Securities Division on its draft regulations regarding the fiduciary duty of broker-dealers (“B-D”s), investment advisers (“IA”s), and their respective representatives when providing personalized investment advice.

The Coalition’s position on a fiduciary standard for personalized investment advice is based upon the real-world business experience of more than 83,000 CFP® professionals who are stakeholders and members of the Coalition organizations. Importantly, CFP® professionals provide fiduciary-level services across business models – as investment advisers, broker-dealers, and insurance agents – and across compensation models – including commission and fee models. It is this unique perspective that the Coalition brings to the discussion about the proper standard of conduct for personalized investment advice. Based on this experience, the Coalition reiterates its longstanding support for a uniform fiduciary standard for investment advice and acknowledges Nevada’s initiative to close loopholes through regulations implementing Senate Bill 383, while advocating for stronger provisions in line with CFP Board’s newly revised Code of Ethics and Standards of Conduct.

Read full comment letter here.

Financial Planning Coalition Responds to New Jersey Bureau of Securities’ Pre-Proposal to Adopt Fiduciary Standard

The Financial Planning Coalition (“Coalition”) – comprised of Certified Financial Planner Board of Standards (“CFP Board”), the Financial Planning Association® (“FPA”), and the National Association of Personal Financial Advisors (“NAPFA”) – on December 14, 2018, submitted a comment letter to the NJ Securities Bureau on the pre-proposal to adopt a state-based fiduciary standard for personalized investment advice.This comment letter echoes many of the points made by John Crosby, CFP®, ChFC, CLTC, CRPC, on behalf of the Financial Planning Association, in testimony on November 19, 2018 before the Bureau.

The Coalition’s position on a fiduciary standard for personalized investment advice is based upon the real-world business experience of the more than 82,000 CFP® professionals who are stakeholders and members of the Coalition organizations. Importantly, CFP® professionals provide fiduciary-level services across business models – as investment advisers, broker-dealers, and insurance agents – and across compensation models – including commission and fee models. It is this unique perspective the Coalition brings to the discussion about the proper standard of conduct for investment advice.

Read full comment letter here.

Financial Planning Coalition Responds to Securities and Exchange Commission’s Package of Rule Proposals

Washington, D.C. – The Financial Planning Coalition – comprising Certified Financial Planner Board of Standards, Inc. (CFP Board), the Financial Planning Association® (FPA®) and the National Association of Personal Financial Advisors (NAPFA) –submitted three letters addressing the Securities and Exchange Commission’s  (SEC) proposed rule “Regulation Best Interest”; the proposed IA Interpretive Guidance; and the proposed Form CRS Relationship Summary.

This package of proposals provides the SEC the long-awaited opportunity to raise the standard of conduct applicable to broker-dealers who provide personalized investment advice; reaffirm the fiduciary obligation of investment advisers; enhance investor understanding by requiring both broker-dealers and investment advisers to deliver a relationship summary document to retail investors; and reduce investor confusion by restricting the use of certain titles by broker-dealers.

Faced with growing responsibility for their own investment decisions and an increasingly complex universe of financial products and services, Americans today must depend on competent and ethical advisors to help make decisions critical to their financial security. When they seek financial advice, however, they face a marketplace in which it is virtually impossible to distinguish a salesperson from an advisor, or between those advisors who are legally obligated to provide advice in the investor’s best interest versus those who are not. The Coalition supports the goal of helping investors understand the type of financial professional they are dealing with and what they should expect from their relationship.

In the letters submitted to the SEC, the Coalition expresses its concerns regarding the package of rule proposals, and lays out its recommendations to strengthen the proposed rules, including encouraging the Commission to follow the lead of the CFP Board in revising its Standards to extend the fiduciary obligation of a CFP® professional to all Financial Advice.

The Coalition holds a longstanding interest in this issue and in numerous comment letters over the last several years has expressed its support for a fiduciary standard of care for all financial professionals who offer personalized investment advice to retail investors. A clear fiduciary standard equally applicable to all financial professionals who provide personalized investment advice, including broker-dealers, would help clarify the  investment decisions Americans face every day.

Financial Planning Coalition Statement Following SEC Meeting on Fiduciary Standards

Washington, D.C., April 18, 2018 – The Financial Planning Coalition – comprising Certified Financial Planner Board of Standards, Inc. (CFP Board), the Financial Planning Association® (FPA®) and the National Association of Personal Financial Advisors (NAPFA) – issued the following statement in response to today’s Securities and Exchange Committee meeting on fiduciary standards.

“The proposals – as discussed by the SEC – appear to be a step forward for investors.

The Financial Planning Coalition looks forward to thoroughly reviewing each of the three proposals in great detail and providing input to the commission informed by CFP Board’s recently approved new Standards of Conduct and Code of Ethics.

We appreciate the opportunity to comment on these proposals and will make recommendations to strengthen them in keeping with what consumers expect and deserve – a fiduciary standard requiring financial professionals to put their clients’ interest first when providing financial advice.”

Financial Planning Coalition Statement on SEC Fiduciary Standards Meeting

Washington, D.C., April 18, 2018 – The Financial Planning Coalition – comprising Certified Financial Planner Board of Standards, Inc. (CFP Board), the Financial Planning Association® (FPA®) and the National Association of Personal Financial Advisors (NAPFA) – issued the following statement in advance of the Securities and Exchange Commission meeting on fiduciary standards.

“Today, the SEC will finally have a meeting that should have happened nearly eight years ago when Congress explicitly authorized the SEC to enact a fiduciary rule under the Dodd-Frank Act. We expect to hear the Commissioners express support for this important consumer protection and that the proposed rule will have meaningful language providing American investors a fiduciary standard of care. We look forward to reviewing the SEC’s proposal and to submitting our comments as part of the public comment process.”