The New Advisory-World Order
To B-D or not to B-D, that is the question:
Whether ‘tis nobler in the mind to suffer
The slings and arrows of fee-only advisors,
Or to take arms against our financial services brethren?
Words similar to these reflected Hamlet‚s state of
desperation as he contemplated suicide. In our industry, commissioned
reps have lost clients over the years to discount brokers, day traders
and now, the divine fee-only advisor.
In the early 1990s we saw commissioned reps turn to
fee-based businesses in order to provide more stable income streams.
But many of the early pioneers only tested the waters before becoming
fee-only. To the good fortune of the investment advisors, the press
bought into this concept from the start.
The Report of the Committee on Compensation
Practices ("Tully Report") was released in 1995. Fee-based programs
were labeled as a "best practice" because they more closely aligned the
interests of the financial advisor and the customer, and reduced the
likelihood of abusive sales practices such as churning. Fee-only
advisors across the nation embraced the fiduciary mantra. They admitted
to their clients that they were once conflicted, but then saw the
light.
The Securities Exchange Commission (SEC) first
proposed the rule "Certain Broker-Dealers Deemed Not To Be Investment
Advisors" (more commonly known as the "Merrill Lynch Rule" or "B-D
Rule") in November 1999. Registered reps, caving into popular opinion,
began offering full-service brokerage for an asset-based fee. Battle
lines were drawn, pitting brokers against advisors. At the very same
time (1999), the Gramm-Leach-Bliley Act was passed, knocking down
Depression-era barriers against banks, securities firms and insurance
companies selling each other‚s products and services. Firms started to
look more alike, and firms began to affiliate.
The NASD took a position in 2003 that "fee-based
compensation programs must be appropriate." The NASD recognized the
benefits of fee-based programs, but they are not appropriate for all
circumstances. Our endangered stockbroker, perhaps living on the edge
of extinction, was now vindicated. Straight commissions can be in the
client‚s best interest!
But the fight continued, as comment letters on the B-D Rule rolled in
fast and furious to the SEC. NASD proponents supported the rule stating
that investment advisors engage in activities indistinguishable from
the brokerage business, but that investment advisors are not subject to
the same detailed prophylactic regulation as brokers. "B-Ds are better!"
The fee-only contingency retorted that investment
advisors are fiduciaries, and don‚t need no stinkin‚ detailed rules
because of the grand regulatory scheme. "RIAs are better!"
The B-D Rule was finally adopted in April 2005. Much
to the chagrin of almost everyone, the final rule was not as originally
proposed. Brokers could no longer provide discretionary services; not
offer financial plans (free or otherwise); and if they dare offer a
fee-based account, must provide a warning label that it is not an
advisory account and thus they have conflicts of interest to be
disclosed. Now there is an incentive to scare you straight back to
commission only!
Frankly, I‚m not quite sure why the fee-only camp is
upset with the ruling. The rule seems to give investment advisors a
competitive edge that they can use to their marketing advantage. But
upset they are. They feel the B-D Rule did not go far enough.
The reality is that the businesses are blending. There are not many
commission-only firms anymore. Even Merrill Lynch is an investment
advisor.
Looking into my crystal ball, here is what I see for
the year 2016. (This is a ten-year projection because it will be a long
time in the making.) We will be under one regulatory regime. No longer
will we have the broker-dealer and registered investment advisor
industries. There will be one registration for firms, one fee, one
filing. One registration for reps, one fee–one grand slam exam. One
full disclosure document used by all, to replace the Form ADV. Wealth
management, life planning, financial planning, asset management or
simple buy-and-sell securities recommendations will be done under one
roof. There will be a choice of fee structures, based on client
suitability. Some specialist firms will continue to exist–wealth
management on one side of the spectrum and traditional brokerages on
the other–but all under one regulatory scheme.
Firms embracing fees and commissions, and offering
the most services and compensation options, will be reborn.
Nancy Lininger is founder of The
Consortium of Camarillo, Calif., providing compliance and marketing
consulting to advisors and broker-dealers. She can be reached at (805)
987-6115, www.liftburden.com or [email protected].
LETTERS TO THE EDITOR
March 1, 2006
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