STAR Magazine November 2018 | Page 35

by Dale Brown President & CEO, Financial Services Institute For more information or to become a member, go to www.financialservices.org. structures and other key elements of the client engagement. With this disclosure mechanism, Reg BI refrains from tipping the scales against models that involve transaction-based compensation or proprietary products. FSI believes a two-tier disclosure regime — starting with a concise point-of-sale document at the beginning of the client engagement with links to more detailed disclosures on the firm’s website or elsewhere — has the greatest potential to facilitate productive conversations on key issues between clients and financial professionals. In our view, Form CRS has the potential to serve as the first element of such a system. The SEC has also done an admirable job in this area of including elements that stakeholders on all sides of the industry can support. As an example, we agree that the term “adviser” or “advisor” should only be used by investment advisory representatives and dually registered individuals (as long as these terms can also be used by broker-dealers with a separate affiliated RIA and their associated persons). Our comment letter included constructive feedback to further strengthen Reg BI. For example, we urged the SEC to provide specific guidance as to what constitutes a material conflict of interest and to clarify how firms can sufficiently mitigate conflicts that cannot be eliminated. In addition, we emphasized more disclosure does not result in better disclosure and encouraged the SEC to further simplify its CRS to a one- or two-page document with instructions (or hyperlinks if delivered electronically) directing clients who are interested in more robust disclosure information. The SEC also requested comments on harmonizing investor protections across both the investment advisor and broker-dealer sectors. Of most immediate relevance to Reg BI, we suggested extending to investment advisors the duty to mitigate or eliminate material conflicts — rather than merely disclosing them — would improve our industry's ability to provide a consistent and reliable standard of care to all investors. Our letter also included suggestions to level the playing field in areas such as examination practices and frequency, licensing requirements, continuing education, and advertising oversight and review. The SEC’s introduction of a proposed best-interest framework is a tremendously positive development for our industry. Reg BI would establish a uniform standard of care and create strong new disclosure and conflict mitigation requirements that reduce investor confusion and enhance investor protections. FSI is pleased with the SEC’s progress on this effort, and we look forward to continuing our productive dialogue with the agency in order to move our industry’s regulatory framework even further in the right direction. NOVEMBER 2018 | The STAR 34