July 30, 2010
I am writing to oppose the SEC's imposition of the Fiduciary Standard on Registered Representatives.
Using "suitability" as a standard, we already have the laws and process in place to protect the public. We just need to enforce the laws we have.
A fiduciary standard for all will add uncertainty, lawsuits to intrerpret the standard, reduction of service to average to low asset clients.
Interpreting the "best interest" can really only be done in retrospect. Was best the lowest cost, most benefit, most stable company, best service or best overall value? Best interest is very subjective and will create numerous lawsuits that will second guess good plans that just happened to not work to the cliets expectations (which may or may not have been realistic).
I am afraid a fiduciary standard will cause me to charge fees for my work. Many of my customers will shy away from the fee and may end up underserved. If they do not weed themselves out, I may have to do it. Can I really afford to take on a fiduciary standard with unlimited liability on small accounts?
Please do not impose upon me a misguided fiduciary standard when I am already acting in the best interest of my clients. Enforce the laws you already have.