Deena Katz, Texas Tech University, Evensky Katz Wealth Management

I’m Deena Katz, Associate Professor at Texas Tech University and Chairman of Evensky & Katz Wealth Management.

It’s a new world. After many years of negative returns, the past year of significant recession, and an unprecedented array of investment scams and fraudulent activities, we are now in a new world, a regulatory world that will set off a sea change of events like we have not seen in our lifetimes.

Be prepared. The latest draft of the Investor Protection Act of 2009 makes it clearer that the SEC must adopt rules setting a fiduciary standard for advisers and brokers providing investment advice to retail investors. It now states that the standard of conduct “shall be to act in the best interest of the customer without regard to the financial or other interest of the broker, dealer, or investment adviser providing the advice.”

Most people, who are afraid of accepting fiduciary responsibility with regard to the client relationship, interpret “fiduciary” in purely legal terms only. They worry about litigation in being held to a “trust” standard. They explain that they cannot be an agent of their firm and a fiduciary to their client. But, if we look at the FPA’s Standards of Care, there are five simple statements, that considered separately, are nearly impossible for anyone to raise serious objections:

1. Put the client's best interests first.
2. Act with due care and in utmost good faith.
3. Do not mislead clients.
4. Provide full and fair disclosure of all material facts.
5. Disclose and fairly manage all material conflicts of interest.

This, my friends, these are the definition of Fiduciary.

As you look toward 2010, remind yourself that in this New Regulatory World, we will be regulated. If you want to have a voice in that, contact your local representatives, volunteer and support advocacy at FPA. And finally, remember, all professions are regulated. And, we are a profession.

If you'd like to hear more of my thoughts, I write a regular column in Financial Planning magazine.

Blaine Aikin, Fiduciary360

Hi. I’m Blaine Aikin, CEO of Fiduciary360, an organization focused on promoting a culture of fiduciary responsibility and improving the decision-making processes of investment fiduciaries.

The #1 thing advisors should have on their mind is that soon, every advisory relationship will need to be treated as a fiduciary relationship. This change is happening, and soon will be made necessary either through new legislation and regulation or because the market will demand it. Either way, advisors need to be prepared for it.

The debate on financial regulatory reform has moved beyond whether or not a fiduciary standard will apply for advisory relationships, and on to how it will be applied and who will be charged with oversight. Once the details are decided comes the task of compliance. But advisors who are already following processes to the highest standard possible won’t have to worry about playing catch up.

Meanwhile, the financial crisis has caused investors to become more distrustful, while also becoming more informed than ever. Those advisors who are fiduciaries are reaping the benefits as more new clients want the assurance that a fiduciary standard of care provides.

Implementing fiduciary processes now puts advisors both ahead of the compliance curve for when a fiduciary standard is implemented and gives them a competitive advantage for new clients.

If you’d like to learn more about this important issue further, I invite you to visit www.fi360.com