September 21, 2004
Mr. Jonathan G. Katz
Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549-0609
Re: Release Nos. 34-42099 and IA-1845 File No.
S7-25-99 Certain Broker Dealers Deemed Not To Be
I Support the WITHDRAW of the rule proposing broker/dealers from
being required to register as investor advisors.
I believe the Rule is detrimental to consumer protection by allowing broker-dealers to avoid the blanket fiduciary protections of the lnvestment Advisers Act of 1940 Advisers Act. By eliminating special compensation as a critical element in the contractual relationship, the Rule permits stockbrokers to misrepresent their fundamental sales role as one of a fiduciary adviser receiving a fee for advice.
It is imperative that all parties involved in the delivery of financial planning advice be held to highest standards when working with the public. Continuing to offer exemptions to certain organizations, only dilutes the trust, protection and safety that consumers depend upon
Please join with a number of consumer-oriented groups, including The FPA, NAPFA, the Consumer Federation of America, AARP and even former Chair Levitt who all support the withdraw of this rule.
Martin Philip Mesecke CFP
Self Worth Financial Planning
5700 Granite Parkway Suite 200
Plano, Texas 75024