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How to Reduce Your Risk of Financial Losses

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Noreen Seebacher
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Blogger
JOBS Act
Noreen Seebacher   4/16/2012 9:43:42 PM
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Dealbook explains some interesting details about the Jumpstart Our Business Startups bill -- and how they may affect investors.

Provisions tucked into the so-called JOBS Act, or the Jumpstart Our Business Startups, will roll back some major securities regulations and parts of a landmark legal settlement struck almost a decade ago. That 2003 settlement built a Chinese wall between Wall Street research analysts and investment bankers, an effort to prevent analysts from improperly promoting stocks to help their firms drum up business from corporate clients.

Thoughts?

cat tail
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Platinum
Re: ADV
cat tail   4/16/2012 8:55:39 AM
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Good point. And while RIA will have ADVs available, it's good to have some kind of reference for non-fidiciaries.

Dex
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Iron
Re: ADV
Dex   4/16/2012 8:13:30 AM
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Investors have to understand that Stockbrokers -- or "Registered Representatives," "Account Executives,"Financial Advisors" or "Wealth Managers" are not fiduciaries, and that the legal investment advising standards that govern a non-fiduciary stockbroker and a fiduciary Registered Investment Advisor are very different.
  • A non-fiduciary stockbroker follows only the "suitability" standard, which doesn't require a stockbroker to place the interests of its clients ahead of its own. Under the non-fiduciary suitability standard, a stockbroker need provide only "suitable advice" to its clients –even if the stockbroker knows that the advice is not the best advice.
  • A Registered Investment Advisor must follow the "trust" standard – the highest known in law – which requires it to place the interests of its clients ahead of its own and fulfill critical fiduciary duties of trust and confidence. Under the fiduciary trust standard, a Registered Investment Advisor must provide its "best advice" to a client.

It's this distinction that makes education and more information extremely important.

Fred Goodman
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Blogger
Re: ADV
Fred Goodman   4/13/2012 7:50:01 PM
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You bring up an important point Heinrich, it's a two-way street. I refuse to provide information to third parties or referral services. I send clients to my ADV and answer their questions directly. I tell third parties "Thank you very much, but I'll provide information directly to my clients and potential clients and don't do me any favors."

I prefer clients referred by other clients, or who have read my market reports for months or years before asking me to help them. Besides, I have never failed to ask someone approaching me for service, "how did you find me?"

This is not a question of idle curiosity. A new referal from a PITA is put under special scrutiny before I accept him/her as a new client. You have no idea of the disruption of your life that one bad apple can create.

cat tail
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Platinum
Re: Many titles, many hats
cat tail   4/12/2012 7:54:04 PM
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I don't think we can ever know too much about someone we trust to handle our money. The more information we have, the better.

Noreen Seebacher
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Blogger
Many titles, many hats
Noreen Seebacher   4/12/2012 1:11:50 PM
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It seems part of the problem stems from the fact  financial advisors wear so many hats. I mean, you can hire a tax attorneys or an accountants who also does financial planning, and stockbrokers sometimes sell insurance, too. And do you really think the typical person can define the difference between a "financial planner" and a "wealth advisor" or any one of a number of other titles.

More education and information certainly seems like a prudent idea.

tokyogai
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Platinum
Re: ADV
tokyogai   4/12/2012 9:37:40 AM
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This looks like a really useful tool. I would certainly use it if I were looking for a new advisor. It will also be interesting to see how my current advisor does.

Dex
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Iron
Re: ADV
Dex   4/12/2012 5:38:15 AM
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I think that is the point of this post. And many people, including some I know personally, don't seem to understand that. So I think it is helpful to explain that to them!

Fred Goodman
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Blogger
Re: ADV
Fred Goodman   4/12/2012 12:55:42 AM
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True, not every stock broker or insurance salesman is required to file an ADV, but there are thousands of advisers who have filed them and can give you advice on insurance and on buying stocks. If you are worried about the qualifications of your adviser, why not pick a fiduciary in the first place?

Dex
User Rank
Iron
Re: ADV
Dex   4/12/2012 12:10:35 AM
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But the SEC only requires registered investment advisors to file a Form ADV, correct? Its my understanding that You won't find one if the financial advisor is something else, such as a commission-paid stockbroker or insurance agent.

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