Ahead of SEC Chair’s Expected Announcement on Fiduciary Standard Rulemaking, Pro-Fiduciary Groups Advocate for Economic Analysis that Supports Strong, Pro-Investor Rule

A group of organizations advocating for the Securities and Exchange Commission (SEC) to move forward with a rulemaking that would extend the fiduciary standard to broker-dealers providing retail investment advice have called on SEC Chair Mary Jo White to ensure that the Commission’s economic analysis will be “well-reasoned” and “lay the groundwork for a strong, pro-investor policy.”

The letter, which outlines key elements the economic analysis must include to achieve that goal, is signed by the Consumer Federation of America, Fund Democracy, Inc., Certified Financial Planner Board of Standards, the Financial Planning Association and the National Association of Personal Financial Advisors.

A copy of the letter, which was delivered to the SEC on Friday, November 21, can be accessed here.

In releasing the letter, the group also made this statement:

“We have all long advocated for a uniform fiduciary standard that would, consistent with Section 913 of the Dodd-Frank Act, apply to broker-dealers when they offer personalized investment advice to retail investors. With this letter, we want to make it perfectly clear that we believe a thorough, well-reasoned economic analysis will offer strong support for rulemaking.

“Past actions – and inaction – by the Commission have permitted broker-dealers to misrepresent themselves to the public as advisers without requiring them to meet the fiduciary standard that is appropriate to that role, and unsuspecting investors have been harmed as a result.

“It is time for the SEC to develop a rational, pro-investor policy for the regulation of financial professionals. Toward that end, we urge the Commission to follow the staff recommendation made nearly four years ago and move forward with a rulemaking.

“American Investors deserve to have their interests put first and adoption of a uniform fiduciary standard would immeasurably improve investor protection. Investors should not have to wait any longer to get the protection they expect and deserve.”