SEC Committee Outlines Agenda to Help Protect Investors

Among other things, the Securities and Exchange Commission (SEC) plans to explore the definition of fiduciary duties of financial intermediaries.

Last month the Securities and Exchange Commission (SEC) announced its new Investor Advisory Committee, in order to give investors “a greater voice in the Commission’s work.” (See “SEC Creates Investor Advisory Committee.”) This week the Commission laid out the agenda of the new committee, which held its first meeting Monday.

“The insights that the Committee members bring will be extremely important to the Commission as we move forward on our investor protection agenda,” said SEC Chairman Mary Schapiro.

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According to a release from the SEC, the discussion topics identified by the committee include:

  • Fiduciary duty: Should all financial intermediaries who provide investment advice to their customers be subject to the same fiduciary duties, and how should those duties be defined? Many investors rely heavily on financial advisers for investment decisions, but might not understand the different standards that apply to brokers and investment advisers.
  • Proper disclosures: Does the information that investors currently receive—both before making an investment decision and afterwards—meet their needs, and if not, what changes are necessary to ensure that investors have the information that they need, when they need it?
  • Technology: Can technology be better used to improve the flow of information to and from investors?
  • Financial literacy: Should there be a distinction between “investor information” and “investor education,” and if so, what is that distinction? What is the role of “financial literacy,” and how can the SEC promote early education of these issues?
  • Valuation: Do investors fully understand the role that underlying asset valuation plays in portfolio and fund valuation? For example, do investors in variable annuities understand that guaranteed minimum payouts do not necessarily hold if the underlying investments (mutual funds, etc.) decline by a certain amount? Do fixed-income investors understand that high-yield bond funds involve more risk than other fixed-income investments, or that fixed-income investments are typically much less liquid and, therefore more difficult to definitively value, than are equities?
  • Majority voting: Should majority voting for directors be mandatory for all U.S. companies? Although most large U.S. companies have adopted a form of “majority voting,” many other companies still enable directors to be elected based only on plurality support.
  • Director-investor communications: Are there more effective ways for investors and directors to communicate with one another and what steps can the Commission take to facilitate dialogue and help ensure that corporate manager interests are aligned with investor interests?
  • Proxy voting: Do investors—both institutional and individual—have the information they need to make informed proxy voting decisions, and are these decisions effective in holding corporate directors accountable? Does the proxy voting process and system foster informed decision-making? Should there be more transparency to the market about investors’ proxy decisions? What is the role of proxy advisory firms, and should they be subject to more oversight by the Commission?
  • Resources: Does the SEC have the resources it needs to effectively achieve its investor protection mission?

5 Most Dangerous Things to Do While Driving

It may be hard for advisers not to talk on their cell phones—but it is one of the top reasons for car crashes.

Distractions are the number one cause of crashes (85% of crashes and 65% of near-crashes involve driver distraction), according to a study by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute. “Distraction was most likely to be involved in rear-end collisions in which the lead vehicle was stopped, as well as in single-vehicle crashes,” according to the NHTSA.

And we know accidents can be costly: Just one accident might increase your car insurance rates as much as 25%, according to a release about the study from Insurance.com, an auto insurance agency. The study cites these driver distractions as the top reasons for car crashes:

  • Using a cell phone. It might seem easy to take client calls in the car, but it’s not safe.
  • Reaching for a moving object. BlackBerry slip under the seat again? Leave it there.
  • Looking at an object or event outside of the vehicle. Maybe a GPS could help keep you from scanning for street signs.
  • Reading. It’s a good thing your BlackBerry is under the seat so you can’t read your e-mails.
  • Applying makeup. Do those last-minute touch-ups when you arrive at your next meeting.


Snackers Beware

Eating can often be a source of the above distractions, but you’re not alone if you need your coffee in the car: An Exxon survey of 1,000 drivers found more than 70% of drivers eat while driving and 83% drink beverages.

Most likely you are aware of the disasters messy foods can cause not just to your steering wheel, but the tie you put on for your next meeting. You might still be guilty of some of the items on “the top 10 foods to avoid while driving” list from Insurance.com:

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  1. Coffee: “Even with a travel lid, hot coffee can find its way out of the opening when you hit a bump.”
  2. Hot soup: “Many people drink it like coffee and run the same risks.”
  3. Tacos: “Any food that can disassemble itself will leave your car looking like a salad bar.”
  4. Chili dogs: “Huge potential for drips and slops down the front of clothing.”
  5. Hamburgers: “From the grease to the toppings, it could end up on your hands and the steering wheel.”
  6. Ribs and wings: “What’s more distracting than licking your fingers?”
  7. Fried chicken: “More greasy hands. You’ve got to wipe them off while you’re driving.”
  8. Jelly donuts: “It’s not possible to eat one without watching the center ooze out.”
  9. Soda: “Carbonation. Fizz in the nose. Lids that leak. Disaster.”
  10. Chocolate: “Try to clean melted chocolate off the steering wheel without swerving.”


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