The
Securities and Exchange Commission (SEC) is getting ready to see how
investors have been impacted by having two sets of regulations for
fee-based brokers and investment advisors. The SEC has published a
contract proposal for hiring a firm to conduct the study, a preliminary
step for soliciting comments from the public and potential contract
bidders.
The study was promised by the SEC in April 2005,
when it adopted a rule exempting brokers offering fee-based services
from the Advisers Act of 1940 as long as the services are "solely
incidental" to their brokerage services and they meet certain other
conditions.
Critics of the rule contend that it confuses consumers and allows
brokers to act as financial advisors without being regulated by the
strict fiduciary standards of the Advisers Act, which place the
interests of the client first. Brokers are instead regulated under the
Securities Exchange Act of 1934.
Opponents also argue that the rule confuses
consumers by creating two sets of regulations, even though both brokers
and RIAs will often call themselves "financial advisors" in their
relations with the public. If past surveys on this subject are any
indication, investor perceptions of the differences between advisors
and brokers are foggy at best.
The brokerage community, however, counters that the
rule will encourage brokers to move from commission-based to fee-based
work, benefiting consumers in the process. Brokers also say the
Securities Exchange Act already contains rules that adequately protect
consumers.
The broker exemption continues to stir controversy,
with the Financial Planning Association (FPA) pressing ahead with a
lawsuit against the SEC that seeks to void the rule.
The SEC, meanwhile, says it will rely on the study
to address the issues raised by opponents. "Our goal is to improve
investor protection by updating our regulation to deal with the
realities of today's marketplace," SEC Chairman Christopher Cox said in
a written statement. "We will develop the best available information,
from inside and outside of the commission, to inform this important
process. We welcome public input on the proposal."
At least one company has already probed investor attitude's regarding investment advisors versus brokers.
A survey conducted by TD Ameritrade earlier this
year found that 43% of investors were not aware that stockbrokers and
RIAs provide different levels of investor protection. This compares to
a prior survey in 2004, where that figure was 41%.
The survey, which involved interviews with 1,000
investors, also found that 51% of investors were unaware that brokers
are not required to disclose all potential conflicts of interest before
providing financial advice, according to TD Ameritrade.
Only 26% of investors were aware that only
investment advisors have a fiduciary responsibility to act in a
client's best interests, while 51% incorrectly believed both brokers
and advisors were subject to the requirement, according to the survey.
Public comments on the SEC's draft proposal are due by July 19.