75 Days Inadequate for Fiduciary Review, Groups Say

Sixteen industry groups are asking the Department of Labor (DOL) to extend the comment period on the fiduciary proposal.

Citing “a voluminous amount of information” in the fiduciary re-proposal from the Department of Labor (DOL), 16 groups wrote the DOL asking for a 45-day extension of the 75-day public comment period.

“If adopted, the proposal would represent a watershed event touching many facets of the financial services industry,” the letter said. Among the groups signing the letter were the American Retirement Association, the Investment Company Institute ICI), the Insured Retirement Institute (IRI) and the National Association of Insurance and Financial Advisors (NAIFA).

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The industry would need time to assess, among other detailed changes, a new exemption that would subject advisers dealing with individual retirement accounts (IRA) to increased legal risk for violations of strict prudence requirements. The conditions of the exemptions are foundational for many financial services companies in order to provide essential services to retirement investors, but could require significant policy and practice changes. Companies would also need to produce expansive new disclosures, the letter said.  

Attorneys with deep experience in the Employee Retirement Income Security Act (ERISA) have acknowledged that the financial industry needs more time to digest the potential implications of the complex proposal.

But chances for an extension are unlikely. During the media call describing the new proposal, DOL Secretary Thomas Perez was asked if the Office of Management and Budget’s (OMB) review of the rule language was rushed or if he felt the comment period was too tight. He responded somewhat impatiently that the DOL had been working on the effort for five years, suggesting the idea this effort is being rushed is absurd.

The letter outlines other review and comment time frames from the earlier iterations of the proposal and notes that the 2010 version was shorter, less complicated and didn’t contain any exemptions. The groups seek “a more thoughtful and comprehensive input, which will ultimately increase the possibility for a more workable final rule that would benefit all parties.”

Other groups signing the letter, which can be read here, are: the Financial Services Roundtable, the Securities Industry and Financial Markets Association (SIFMA), Financial Services Institute (FSI) and the U.S. Chamber of Commerce.

Providers Planning for Adviser Consolidation

Firms across the financial services spectrum are adapting to increased adviser teaming and the growing importance of partnership approaches to financial advice and institutional investment consulting.

New research from global analytics firm Cerulli Associates suggests broker/dealers, asset custodians and investment managers are adapting their services and product offerings as the prevalence of “adviser teaming” grows.

Kenton Shirk, associate director at Cerulli, explains that the appeal of adviser teaming remains strong among both established and new advisers—and from the largest to the smallest segments of the business. The term “adviser teaming” applies to a wide range of circumstances, he notes, but the general principal is to bring together advisers and firms with complementary business lines, workforces or technologies to create a more efficient approach to both practice management and client service.

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For advisers, a successful merger or partnership can generate substantial growth and productivity enhancements, Shirk says (see “Executing Practice Growth”). With the growing complexity of planning needs, investment products, technology and regulations, Cerulli finds small adviser practices “may struggle to tread water, opening the door to consolidation opportunities for larger practices with a robust infrastructure.”

The retirement industry in particular has seen many examples of this thinking play out in recent years—and the energy has not just been limited to advisory firms. A number of technology-driven partnerships have come into being of late and more are anticipated moving forward. At the same time, efforts to create massively scaled advisory networks sharing a common back-end infrastructure have reshaped the wider advice landscape, for example when RCS Capital moved to acquire Cetera. Other examples include Great-West’s acquisition of J.P. Morgan Retirement Plan Services’ large-market recordkeeping business, a combined firm subsequently rebranded as Empower Retirement.

Cerulli’s data shows the growth of multi-adviser practices is most pronounced in the independent advisory firm channels. The average number of total professional adviser staff per practice is 3.3 in the wirehouse channel, the research shows.

“That compares to an average of 5.2 for dually registered practices and 4.5 for registered investment advisers,” Shirk explains. “The report also finds the advisory industry is increasingly shifting away from an individual producer mindset to that of a multi-adviser team.”

Cerulli suggests the industry’s largest practices and teams also typically serve affluent investors, “which reinforces their propensity for teaming.” The desired result is providing broader and deeper services to meet the more sophisticated needs of their high-net-worth clientele—an effort that could become more difficult under a revised Department of Labor fiduciary rule.

The largest teams cite the ability to provide more services more efficiently as the primary reason for a team approach.

“By pooling resources, they are better equipped to create specialized adviser and staff roles,” Shirk concludes. “Teaming offers an opportunity to develop specialized roles for both advisers and staff, which greatly enhances adviser growth opportunities and productivity levels.”

Information on obtaining full Cerulli reports is available here

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