SEC’s Proposal at a Glance

With the fate of the Department of Labor’s Fiduciary Regulation hanging in the balance following a recent ruling by the United States Court of Appeals for the Fifth Circuit, the Securities and Exchange Commission recently proposed its own version of a fiduciary rule. Originally drafted at over 1,000 pages, the primary goal of the proposal is to, “enhance the quality and transparency of investors’ relationship with investment advisers and broker dealers while preserving access to a variety of types of advice relationships and investment products.”

The SEC’s effort to regulate the best interest of a client is broken down into three key parts for a broker-dealer to abide by.  Each of the three defined obligations must be practiced by any broker-dealer, in order to appropriately put the client’s financial best interest ahead of any other interest:

  1. Disclosure Obligation: all information regarding investment is disclosed to client.
  2. Care Obligation: investment professional makes careful effort to act in client’s best interest.
  3. Conflict of Interest Obligation: to eliminate any conflicts of interest from financial incentives, and if conflicts cannot be mitigated, clear disclosure must be made.

Along with regulating the best interest of the client, the SEC proposal clarifies the, “Advisers Act.”  In this proposal the SEC spells out the fiduciary responsibilities that must be carried out by investment advisers, when servicing their clients.

The SEC will leave the new proposal open for public comments for a 90-day period. During this time, the financial industry can offer their opinions and interpretations. Schneider Downs Wealth Management Advisors and Schneider Downs Retirement Solutions will be reviewing the proposal closely in order to provide additional insight and information over the next few weeks.


You’ve heard our thoughts… We’d like to hear yours

The Schneider Downs Our Thoughts On blog exists to create a dialogue on issues that are important to organizations and individuals. While we enjoy sharing our ideas and insights, we’re especially interested in what you may have to say. If you have a question or a comment about this article – or any article from the Our Thoughts On blog – we hope you’ll share it with us. After all, a dialogue is an exchange of ideas, and we’d like to hear from you. Email us at [email protected].

Material discussed is meant for informational purposes only, and it is not to be construed as investment, tax, or legal advice. Please note that individual situations can vary. Therefore, this information should be relied upon when coordinated with individual professional advice.

© 2022 Schneider Downs. All rights-reserved. All content on this site is property of Schneider Downs unless otherwise noted and should not be used without written permission.

our thoughts on
2023 Cost-of-Living Adjustments for Retirement Plans and IRAs
A Sigh of Relief for Beneficiary IRA Owners
401(k) Plans, Tax BY Luke Dovell
Want More Money? Start Investing Early
2022 Down Markets: Costly Investor Mistake and The Powerful Growth Opportunity
Versus Capital Real Assets Update: SDWMA Tours Timberland
Achieve Financial Freedom with the Help of Basic Financial Ratios
Register to receive our weekly newsletter with our most recent columns and insights.
Have a question? Ask us!

We’d love to hear from you. Drop us a note, and we’ll respond to you as quickly as possible.

Ask us
contact us

This site uses cookies to ensure that we give you the best user experience. Cookies assist in navigation, analyzing traffic and in our marketing efforts as described in our Privacy Policy.