i. advice about market trends is advice about securities;

ii. advice about the selection and retention of other advisers is advice about securities;

iii. advice about the advantages of investing in securities versus other types of investments (e.g., coins or real estate) is advice about securities;

iv. providing a selective list of securities is advice about securities even if no advice is provided as to any one security; and

v. asset allocation advice is advice about securities

As advisors, we are subject to a fiduciary standard that includes

Duty Of Care. Fiduciaries have a Duty of Care to their clients (in addition to a Duty of Loyalty) that they actually take steps to ensure that the advice they’re providing for their clients actually is the right and proper advice, which would include:

Duty To Provide Best Interests Advice. When providing personalized investment advice, the investment advisor would have a duty to make a reasonable inquiry into the client’s financial situation, level of financial sophistication, investment experience, and investment objectives, beyond making a recommendation (with the breadth of diligence based on the breadth and scope of the advice engagement).

Duty To Seek Best Execution. To the extent that the investment advisor manages the client’s portfolio and has a duty to select broker-dealers for execution and actually facilitate execution of client trades (e.g., with discretionary accounts), the RIA has a duty to seek best execution for those client transactions.

Duty To Act And To Provide Advice And Monitoring Over The Course Of The Relationship. Once an advisor provides advice, they have a duty to follow through and subsequently monitor the implementation of that advice (e.g., to monitor a portfolio over which they have discretionary management), although to the extent that the scope of the relationship is limited (e.g., to a one-time financial plan), the scope of monitoring would be limited to the duration of the actual (limited) relationship.

First « 1 2 3 4 5 6 7 8 » Next