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    July 02, 2009

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    Thanks for the correction. That does make more sense to us given the comments made by Chairman Shapiro before the FCIC. (We made the correction to the paragraph.) We agree with your position that the Senate Banking members need to remain strong and will do what we can to bring attention to the issue. Please keep us informed.

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    I always want to drill into the details, though. What does it really mean to "put your clients interests first"? To me, the big issue here is compensation.

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    We agree with your position that the Senate Banking members need to remain strong and will do what we can to bring attention to the issue. Please keep us informed.

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    The "teeth" of the fiduciary standard of care definition has more to do with the implied liability for investor losses, or what "acceptable" losses are, given the risk tolerance of the client, than whether the advisor is commission-compensated or not. For example, when I was at Smith Barney, we used to push structured investment products that could track a stock or an index and limit the downside risk of the investor through the use of complex option strategies. You might get 85% of any upside in the index, but losses could be limited to 5%, or even less.

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    Health care reform, not to change the subject, is such a complex issue because nobody wants to give up their piece of the pie. And it's going to be no different with advisor regulatory reform. Nobody is going to want to give up their revenue stream, or any perceived differences they hold out over the competition that they have today. Expect a long and convoluted battle here as well.

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    That does make more sense to us given the comments made by Chairman Shapiro before the FCIC. (We made the correction to the paragraph.) We agree with your position that the Senate Banking members need to remain strong and will do what we can to bring attention to the issue. Please keep us informed.

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    The FPC stance appears to be similar to the new group mentioned earlier, in that they are both advocating a clear, strong and/or authentic guideline for fiduciaries, and desire to retain the value-added perception of fiduciaries today over non-fiduciary brokers. I'm not sure how many unregulated financial planners there are out there, and how much business they are actually getting, so I'm somewhat skeptical that needs more attention.

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    It's going to be no different with advisor regulatory reform. Nobody is going to want to give up their revenue stream, or any perceived differences they hold out over the competition that they have today. Expect a long and convoluted battle here as well.

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