Trade Associations
Advisor's Press Release Exposes How The Split Between FPA And Broker/Dealers Now Plays A Pivotal Role In The Development Of The Profession
Monday, October 10, 2011 11:02

Tags: Dodd-Frank | fiduciaries | investment advisors

The headline of a press release issued Saturday by an advisor from Bellevue, Washington was innocent enough: “Local Financial Advisor Paul R. Reid Leads Grassroots Effort on Capitol Hill.”

It's standard practice for financial advisors to issue news releases after meeting with legislators. It’s good public relations; Reid indeed has every right to announce that he met with Congressional legislators as a representative of a professional association. However, the press release exposes a larger issue: the rift between the Financial Services Institute and the Financial Planning Association.

 

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In addition, it illustrates how the FSI has suddenly ascended to play a prominent role in the independent advisor business, to the detriment of the Financial Planning Association. It’s another signal of the decline of the FPA. It also signals the rising influence of the FSI, broker/dealers, and dually-registered advisors licensed by FINRA and as investment advisor representatives. 

 
The press release said that Reid, CEO of Paul R. Ried Financial Group, LLC on Wednesday, October 5 had travelled to Washington and met with "200 Congressional offices." 
 
“Last October, the Department of Labor (DOL) proposed changes—specifically, a redefinition of the term fiduciary—that, if passed, will take away investor choice and make financial advice too costly for most small-to-moderate investors,” Reid says in the press release. “Due in part to FSI's work, the DOL pulled back its rule in late September, but is still threatening to bring it back in 2012.”
 
The creation of a fiduciary standard is the major focus of FSI’s government lobbying effort. Reid is one of many advisors enfranchised, emboldened, and empowered by a group that did not even exist a decade ago and that now suddenly has an influential voice in the advisory profession.    
 
"You cannot place a price on the ability to speak directly to a member of Congress and let them know what hard-working Americans are going through every day,” Reid says in the press release. “This is a great opportunity for us to educate them on what Americans' (sic) need in terms of financial advice today and for retirement and how what Congress and the administration is doing affects their lives. For example, we are very concerned about proposed changes to existing rules of the Department of Labor, which would price out main street Americans from access to financial advice on their IRAs.
 
Added Reid, “If we don't speak up, no one will," in the press release, which says “independent financial advisor members of FSI serve more than 15 million American households.”
 
The ascendance of the FSI comes at the expense of the Financial Planning Coalition, an unprecedented alliance FPA, NAPFA and the CFP Board of Standards formed three years ago to lobby in one voice for its own version of a standard defining who is an investment fiduciary.
 
FSI differs sharply from the Financial Planning Coalition on the definition of a fiduciary, and this issue is central to the development of the financial advice profession. It will decide how financial professionals must conduct themselves in dispensing advice and how—and, indeed whether— financial services may be sold using commission products.
 
The fiduciary standard affects how advisors provide advice to investors in 401(k)s, sponsors of retirement plans, and private investors outside retirement plans.
 
FPA has the most to lose in the battle with FSI. It competes to represent many of the same advisors as FSI. But FSI and FPA are in direct opposition on this crucial professional issue.
 Sources who attended the Financial Planning Association’s annual conference last month have told me that the turnout was disappointing. (I did not attend the event and I have not seen any coverage in the trade press saying the turnout was poor. Please comment on attendance was indeed down.)
 
Only a few years, no one would have predicted that FSI would be a major factor in the debate arguing on behalf of advisors on the fiduciary standard. FPA was the only membership organization representing advisors. (The history of the split between FPA and FSI is documented in the April and May issues of Financial Advisor.)  Yet that’s exactly what has happened. These two groups are now waging an ideological, political and lobbying battle that will help decide the direction in the continuing development of the nascent financial advice profession.
 
“Last October,” says the press release from FSI’s representative Reid, “the Department of Labor (DOL) proposed changes—specifically, a redefinition of the term fiduciary—that, if passed, will take away investor choice and make financial advice too costly for most small-to-moderate investors. Due in part to FSI's work, the DOL pulled back its rule in late September, but is still threatening to bring it back in 2012.”
 
That’s the issue at play right now, as the definition of a fiduciary evolves in the months ahead, and it will affect the practice of thousands financial advisors profoundly over the next decade.
 
Join us for this week's webinar when Don Trone, a founding father of the fiduciary movement in the financial advisory profession, will address issues related to the creaton of a fiduciary standard regulating how investment advice is delivered to consumers.

 

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FPA Launches A New Round Of Free "Financial Planning Days"
Friday, September 30, 2011 12:44

While regulators and lawmakers bicker, the Financial Planning Association is sticking to its work expanding awareness of the financial planning function.

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This year's round of Financial Planning Days -- Saturdays in October -- will give non-clients a chance to get free advice in 31 cities.

 

While this is a great idea, where it really shines is the way it gets participating planners to think outside the box and bring in people who wouldn't otherwise be considered ideal prospects.

 

Last year saw 2,000 people take advantage of the offer, which sounds great even after you divide it by four Saturdays and about 20 cities.

 

Roughly 20 consultations per day. That's a full day for just about any firm.

 

Naturally, a lot of these people will never become what the industry thinks of as a perfect client. They just don't have the assets -- and their planning needs are often pretty pressing.

 

But you never know. The FPA says a lot of the people who come in are surprisingly affluent.

 

They just never saw the point in talking to a planner. 

 

If you're looking for new business, maybe it's time to revisit that "free first consultation" marketing material. And see if anyone lurking in the mass market may actually be a good fit for the way you do business.

 

 

 

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Financial Services Institute Launches Major Fiduciary Counter-Campaign In Washington
Thursday, September 29, 2011 13:17

With the fiduciary status of 401(k) plan advisors now back in question, the pro-broker Financial Services Institute is hitting Capitol Hill with a vengeance to get its views on the public record.

 

FSI representatives have scheduled some 200 meetings with various congressmen and congresswomen over the next week.

 

They aim to clarify their concerns about whether new rules for fiduciaries will squeeze commission-based advisors out of the retirement plan market.

 

They're also going to be pushing the self-regulatory organization for RIAs, which they think is a fine idea. Most of their RIA members are already regulated by FINRA -- they're dual-registered independent brokers -- so a move from direct SEC oversight would actually streamline their compliance burden.

 

A4A readers know where FSI stands. The question is, where are the high-profile lobbying groups arguing for stricter fiduciary rules?

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Three Months To A Universal Fiduciary, Two Years To An RIA SRO?
Tuesday, September 20, 2011 12:47

Timing is everything in Washington, and some of the industry's veteran lobbyists say the road to closely watched new regulation is becoming clear.

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Kevin Carroll, who runs the Securities Industry & Financial Markets Association (SIFMA), says a universal fiduciary rule for all investment advisors could happen by the end of the year.

 

However, he sees too many distractions on Congress for lawmakers to take on the question of who will regulate RIA firms before 2013 or so.

 

He's optimistic about RIAs moving toward a self-regulatory organization (SRO) like FINRA, but then, most of his group's members are already FINRA-regulated anyway.

 

One surprise: Matthew O'Toole, who helps run the SEC's advisor exams in the San Francisco office, acknowledges that FINRA could end up monitoring advisors as well.

 

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Financial Planning Coalition Urges Congress To Reconsider SRO For Advisors
Wednesday, September 14, 2011 12:37

The Financial Planning Coalition wasn't invited to send a representative to Congress to argue against moving advisors to a self-regulatory structure, but they sent a statement anyway for the record.

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The group -- an umbrella for NAPFA, the FPA, and the CFP Board -- agrees with those who say RIAs need stricter and more frequent examinations. 

 

But they say moving directly to an SRO is drastic in the absence of cost-benefit analysis, especially given evidence that FINRA isn't exactly perfect either, much less a perfect fit for advisory firms.

 

It's nice that they're engaged in the issue. However, they still seem more interested in expanding the fiduciary standard than they are in answering the question of who will regulate their members.

 

The SRO issue doesn't even come up until page 9 of their 14-page statement.

 

Once again, Barbara Roper of the Consumer Federation of America is the one suggesting alternative solutions. In her testimony, she returned to the alternatives laid out by the SEC itself.

 

Maybe RIAs could simply pay added fees to the SEC in order to fund a tighter exam regimen.

 

Or maybe FINRA could simply take over full regulation of all "dual-registered" or hybrid advisors and ease the SEC's burden that way. 

 

These proposals might not satisfy those who think the SEC has already wrecked its reputation, but as yet there's not much else on the table short of full SRO membership for all advisors.

 

 

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