Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t8hqh Total loading time: 0 Render date: 2024-11-20T15:21:57.997Z Has data issue: false hasContentIssue false

11 - Regulation Best Interest, Customer Trust, and the Move to Make Private Investments More Available to Retail Investors

from Part III - The Regulation of Market Professionals

Published online by Cambridge University Press:  20 October 2022

Arthur B. Laby
Affiliation:
Rutgers University, New Jersey School of Law
Get access

Summary

In April 2019, the United States Securities and Exchange Commission (SEC) adopted a long-awaited rule addressing the standard of conduct for broker-dealers and their associated persons.1 As a matter of law, registered investment advisers are fiduciaries; brokers often (perhaps even usually) not.2 For roughly two decades, however, there has been widespread recognition that most customers and clients of those who offer investment advice do not understand the often technical legal distinctions between brokers and advisers, and express the same needs and expectations of trustworthy advice from each. In Section 913 of the Dodd–Frank Act of 2010, Congress prompted the SEC to study and recommend ways to resolve this dissonance, conferring the authority to adopt rules relating to retail customer advice to unify the standard for brokers and advisers. On the assumption that the SEC would not lower the more exacting legal standard for registered investment advisers, uniformity would mean raising the level of broker responsibility by making them fiduciaries, too.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×