The government wants brokers and other financial
professionals to act in their clients' best interest. That
may sound like an obvious plus, but if you're a client, you
might well be much happier keeping things exactly the way
they are now.
Recently, the administration proposed new regulations that
would impose what's known as a
fiduciary responsibilityon brokers. In requiring brokers
to hold themselves up to that higher standard, the hope is
that customers would be less likely to face conflicts of
interest or to receive advice that benefits the broker more
than the customer.
Helping customers sounds like a noble task. If you don't
wantor
needhelp, however, regulations imposing a fiduciary
duty on brokers could turn investing into a nightmare for
you. Let me explain.
What fiduciary duty is
I have a lot of experience with what it means to have
fiduciary responsibility. Before I started writing for the
Fool, I worked as a trust officer for a mid-sized regional
bank. In the bank's role as trustee, it had a
full fiduciary dutyto act in the best interest of the
beneficiaries of the trusts it managed. As compensation for
the risk and effort involved in fulfilling that duty,
however, the bank took fairly substantial fees that were
based on the amount of assets under management. Depending on
the size of the account, those fees often amounted to
thousands of dollars annually.
To be fair, our clients got a lot of service in exchange
for that fee. Beyond choosing appropriate investments, trust
officers routinely handled everything from making health-care
arrangements to signing clients up for Medicare and Social
Security. If you wanted full-service treatment, opening a
trust account could actually end up saving you money versus
hiring other professionals on an hourly basis.
I'll go with self-serve, thanks
In contrast,
discount brokers, along with those investment
professionals who don't currently owe a fiduciary duty to
their clients, offer a useful alternative to investors. If
you're comfortable
making your own decisionsand simply want someone to
execute your instructions efficiently and inexpensively, then
the last thing you want is to have to deal with someone who
is required by law to meet the fiduciary-duty standard.
Imagine the following situations:
Netflix (Nasdaq: NFLX) and
STEC (Nasdaq: STEC), which you believe will
add some
great performanceto your investments. Your broker, not
knowing that you have more traditional investments like the
SPDR Trust (NYSE: SPY) S&P 500 index
ETF in accounts with other institutions, doesn't allow you
to make the trades because the broker can't confirm that
those stocks are appropriate without obtaining a lot more
information from you.
You specifically go to a firm like
Morgan Stanley (NYSE: MS) or
Goldman Sachs (NYSE: GS) because you like
their mutual funds. But their representatives can't sell
those funds to you because doing so creates a conflict of
interest.
I'll admit that these examples are a little bit silly, and
in reality, you could get around them with a long series of
legal disclaimers. But they illustrate a basic point: In
order to meet a fiduciary-duty standard, brokers might have
to do things a lot differently than they do now -- and
clients could face a number of obstacles they don't have to
deal with now. Moreover, clients would likely face higher
costs as investment companies passed on the expenses of
meeting these standards.
Freedom of choice
That's one reason why discount brokers like
TD Ameritrade (Nasdaq: AMTD) and
Charles Schwab (Nasdaq: SCHW) have come out
against the fiduciary-duty standard. As they see it, such a
standard would require customers to provide a huge amount of
personal information that they'd rather not have to give. And
with some financial companies offering both self-service
brokerage services as well as full-service professional asset
management, applying the same standard to each would
essentially force those companies to phase out the
self-service portion of their business.
Many ordinary investors are outraged at Wall Street and
its excesses, and with good reason. Imposing a fiduciary
standard on every single investment professional, however,
isn't the best way to protect investors. The better
alternative is to teach people to be aware of the industry's
traps, allowing them to navigate on their own and make the
right choices for themselves.
Do you want the protection of fiduciary duty, or will it
just do more harm than good? Tell me what you think about it
in the comment section below.
This article was originally published as
Why Government "Help" Could Become Your Next Nightmareon
Fool.com
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