July 1, 2009
I write to you as an S.E.C registered investment advisor with over 40 years of experience in the financial services industry. Iím also a member of the Financial Planning Association (and a former board member of the national organization.)
Iíve previously commented on the requiring advisors to be subject to surprise audits solely due to their ability to draw fees from client accounts. The Commission, by fiat, defined that ability as constituting custody.
Yet, to my knowledge, there have been no injuries to the investing public stemming from that ability, so I must conclude that the commissionís efforts are political in nature, perhaps in response to the grievous regulatory lapses involved in the Madoff scandal.
Rather than strap us with a hugely costly requirement (ours is a very small business,) enhance consumer protection by strengthening the ability of the commission to hire more examiners.
The proposed regulation is a solution in search of a problem and a ham-handed approach to boot.
Please re-think this matter and withdraw the proposal.
Curt Weil, CFPģ, President
Lasecke Weil Wealth Advisory Group, LLC