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{"id":1094,"date":"2019-04-18T16:05:44","date_gmt":"2019-04-18T20:05:44","guid":{"rendered":"https:\/\/luxurylivingga.com\/?p=1094"},"modified":"2019-09-13T16:12:43","modified_gmt":"2019-09-13T20:12:43","slug":"the-rest-easy-prime-directive","status":"publish","type":"post","link":"https:\/\/luxurylivingga.com\/the-rest-easy-prime-directive\/","title":{"rendered":"The Rest Easy Prime Directive"},"content":{"rendered":"\n

\u201cThe Prime Directive is not just a set of rules; it is a philosophy … \u00a0and a very correct one.\u201d<\/em>\u00a0– Jean-Luc Piccard in\u00a0Star Trek: The Next Generation<\/em>
When you go to your doctor, you expect to get the best healthcare advice for your unique situation from your highly trained physician. The phrase \u201cFirst, do no harm\u201d comes to mind.<\/p>\n\n\n\n


When you go to your CPA, you expect to get the best tax advice for your unique situation from a tax professional who is looking out for your best interests. When you go to your financial advisor, you expect to get unbiased advice for your unique financial facts and circumstances. You expect your advisor to act in your best interests, put your needs above theirs, and that they are legally obligated to do this all the time. If you were in Australia, the United Kingdom, or other parts of the world, this would be true.<\/p>\n\n\n\n


However, in the United States of America, probably 85-90% of advisors do not have to provide this fiduciary obligation to their clients \u2013 at least on a full-time basis. The vast swath of the financial industry are brokers and sales representatives who operate under the suitability standard.
Different Strokes<\/strong>You see two completely different standards that apply to people in the financial services industry. These standards are \u201cfiduciary\u201d and \u201csuitability.\u201d<\/p>\n\n\n\n


Investment advisors must adhere to a fiduciary standard that was established by the Investment Advisors Act of 1940. This fiduciary standard requires them to always place their clients\u2019 interests above their own. They have a duty of loyalty and care, which means an advisor must act in the best interest of his or her clients at all times. A fiduciary advisor must avoid conflicts of interest and must disclose any potential conflicts of interest in putting the clients\u2019 interests first.<\/p>\n\n\n\n


Broker-dealers and their sales representatives are held to the lower suitability standard. In the place of always putting the client first, the suitability standard merely requires the broker to reasonably believe that a recommendation is suitable for the client in terms of the client\u2019s needs, objectives, and circumstances. The sales representative\u2019s duty is to their employer and not necessarily to the client being served. Finally, the obligation to disclose conflicts of interest is not as strict of a requirement as it is for a fiduciary.<\/p>\n\n\n\n


To add to the confusion, some financial advisors are \u201cdual-registered,\u201d which means they sometimes operate under the fiduciary standard and at other times they are under the suitability standard!
Source: \u00a9\u00a0Behavior Gap, used with permission.<\/em><\/p>\n\n\n\n


Danger! Danger!<\/strong>You should understand that there are lots of great suitability brokers out there doing a great job for their clients. Also, there are plenty of fiduciary-based registered investment advisors with less than sterling reputations.<\/p>\n\n\n\n


However, the fact remains there are massive conflicts of interest and hidden agendas in the cold heart of the Wall Street brokerage and bank machine. Wall Street isn\u2019t merely passing bags of cash around under tables and in dark alleys. Surely, there is language in all their paperwork about things such as revenue sharing, marketing allowances, third-party deals, and commissions, fees, overrides, bonuses, and sales contests.<\/p>\n\n\n\n


It may be on page one in plain, conversational English. Most likely, it\u2019s in subparagraph XZ of subsection J on page 43 of part IV of your customer agreement or some other form. Once you find it, you then must parse the legalese written in what appears to be ancient Sanskrit that says, in effect, \u201cWe like you, but we like getting paid a lot more.\u201d<\/p>\n\n\n\n


Bob Veres\u2019 \u201cMore Dangers of Suitability\u201d published in March 2019 outlines where consumers had their financial lives materially harmed by advice provided under the suitability standard.<\/p>\n\n\n\n