Man, 41, Has $780K Invested And Has Called Him His ‘Financial Advisor’ For 10 Years. Then He Looked At The Fine Print
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A 41-year-old engineer has spent the past decade working with a man he always called his financial advisor.
Recently, he pulled up the firm’s disclosure documents and discovered that his account is a brokerage account, his financial professional is a registered representative of a broker-dealer, and some of the mutual funds he owns carry sales loads and ongoing distribution fees.
His $780,000 portfolio has grown substantially over the years, but he’s now wondering how much of that growth has been eaten up by fees — and whether he could have been paying less.
The answer depends on the specific funds he owns, the fees he’s paying and what services he’s receiving. It also highlights a distinction many investors don’t fully understand: A financial professional can provide brokerage services, investment advisory services or both, and the legal standards and compensation arrangements can differ.
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Broker vs. Investment Adviser: The Distinction Many Investors Miss
Both brokers and investment advisers may be called “financial advisors” in everyday conversation, but they operate under different regulatory frameworks.
An investment adviser registered under the Investment Advisers Act is subject to a fiduciary duty that includes duties of care and loyalty. The SEC says an investment adviser must act in the client’s best interest and not subordinate the client’s interests to its own.
Broker-dealers are subject to a different standard under Regulation Best Interest when making recommendations to retail customers involving securities or investment strategies. That standard includes disclosure, care, conflict-of-interest and compliance obligations and requires a broker-dealer to act in the retail customer’s best interest when making covered recommendations.
Neither business model is automatically good or bad.
The important question is what type of relationship the investor actually has, what services he’s receiving and how his financial professional and firm are compensated.
The Form That Revealed Everything
The document that tipped him off was the firm’s Form CRS, or relationship summary.
SEC-registered investment advisers and broker-dealers that serve retail investors must provide Form CRS. The standardized document is designed to help investors understand whether they’re entering a brokerage relationship, an investment advisory relationship or both, as well as the firm’s services, fees, conflicts of interest and certain disciplinary history.