July 30, 2010
Applying a fudiciary standard to all registered representatives will not protect the investing public from unscrupulous advisors. There are plenty of regulations on the books now if they were enforced. The compliance burden is already causing firms to eliminate services to clients with smaller amounts to invest and this additional layer of compliance will compound this effect.
Active enforcement of ethics and suitability rules already in place are more than adequate to guide the actions of representatives that are trying diligently to comply. No set of rules will deter the dishonest from being dishonest. Enforcement and punishment, not more layers of rules is the only way to deal with dishonest, greedy, and incompetent people.
The unintended and unrealized consequences of these proposed changes will hurt, not help, the investing public. The known result is fewer choices in where to recieve advise and that alone will make people more likely to take advise wherever they can find it rather than having more choices and being able to select a quality advisor.
Thanks you for considering my thoughts and comments.