Best Interest

Bill Mandia discusses potential application of fiduciary standard to annuity sales

Larry Stadulis discusses letter Senators Warren, Booker and Brown sent to FINRA re Reg BI

Larry Stadulis spoke to Ignites about the unusual letter Senate Democrats Elizabeth Warren (D. Mass.), Cory Booker (D. NJ) and Sherrod Brown (D. Oh.) sent to FINRA regarding proposed Regulation Best Interest. The article can be found here.

Bill Mandia discusses New York’s “best interest” rule for annuities with Citywire

Litigator, and Fiduciary Governance Group member, Bill Mandia discusses the high bar New York recently set regarding the sale of annuities and life insurance products.

New York issues final regulation placing “best interest standard” on the sale of life insurance products and annuities

As we previously noted, 2018 promises to be an eventful year at the state level for the regulation of the sale of life insurance and annuity products.  Today, New York issued its much anticipated final regulation that imposes a “best interest” standard.  The regulation requires insurers to, among other things, put in place policies and procedures to ensure that agents and brokers put the interests of consumers ahead of their own when making a recommendation regarding a life insurance product or annuity.  The New York rule comes out before the National Association of Insurance Commissioners (NAIC) holds its August 4, 2018 meeting to address revisions to its existing annuity suitability rule, which could impact the laws of numerous states.  Unlike New York’s new regulation, NAIC’s existing suitability regulation and proposed “best interest” regulation to be addressed at the August 4, 2018 meeting apply only to the sale of annuity products.  Stay tuned for our forthcoming analysis of the New York regulation, its implications for the life insurance/annuity industry, and its potential impact on the discussions at the upcoming NAIC meeting.

George Michael Gerstein talks to InvestmentNews about state fiduciary developments

Here is part of an interview I gave to InvestmentNews on what’s happening at the state legislative/enforcement level regarding the regulation of investment advice to retail investors.

George Michael Gerstein to Compliance Reporter: Likely a ‘Holding Pattern’ for Now on Compensation Changes in Wake of Fiduciary Rule Sunset

Clayton floats possible extension of standard of conduct proposal comment period

State enforcement remains risk in wake of DOL Fiduciary Rule sunset

Live Blogging: Chicago Chief Compliance Officers Gathering

Larry Stadulis, Sara Crovitz, and Alan Goldberg joined me in explaining the SEC standard of conduct release to a gathering of chief compliance officers in Chicago! We discussed a number of the key issues associated with the proposed Interpretive Release applicable to RIAs, and described our “stoplight” schematic on how broker-dealers are affected by Reg BI. We also got everyone up to speed on the various state developments. It was great spending the week here meeting so many great people.

Timeline of Fiduciary Rulemaking

Timeline of Fiduciary Rulemaking (click image to enlarge)