Fiduciary Links: As Reg D Advertising Begins, FINRA Cautions Investors
Posted by Bennett Aikin on September 23, 2013
>>>On the same week that private placement advertising restrictions were lifted and public marketing began, FINRA took the opportunity to alert investors to the risks inherent to Regulation D investments. The alert explained how the investments differ from traditional investments and warned investors that the special risks involved must be evaluated carefully before installing the investments into a portfolio. Among the regulator's recommendations for evaluating private placements are:
- Learn about the company's business, the ease of access to investment information, and liquidity concerns.
- Expect your broker to be knowledgeable about the investment.
- Make sure the investment fits in with the mix of other investments you hold.
- Carefully review documentation and make sure it reconciles with what has been relayed verbally.
- For real estate private placements, ask about the schedule and source of investor distributions.
- For oil and gas private placements, ask what you can expect to receive in return for your investment, and the circumstances that would result in a loss of some or all of your investment.
- Ask whether the private placement is being sold on a conditional or contingency basis.
- Be extremely wary of private placements you hear about through spam emails or cold calling.
- Ask and check. Ask if the investment professional selling the private placement is registered with FINRA or the SEC. Then check to see if this is in fact the case.
>>>We'd also like to take this opportunity to recognize Michael J. Swallow of CBIZ Financial Services, who was named Volunteer of the Year by the Invest in Others Charitable Foundation at their Community Leadership Awards ceremony on Thursday. Michael was honored for helping to create the Northeast Ohio Foundation for Patriotism, which helps support local military personnel and their families. Michael is an AIF Designee. He and all other other honorees and finalists are to be commended.
Now on to the rest of the week's best links:
News and columns from the leading trade, consumer, and mainstream media:
- Don't let the growing ease of alternatives get in the way of basic due diligence [InvestmentNews]
- If you're gonna use alternatives, use enough to accomplish the goal [InvestmentNews]
- What is your client's "3 a.m. moment"? [InvestmentNews]
- Advisors to Wholesalers: give us a coach, not a product salesman. [Wealth Management]
- RIA margins continue to suffer. [Wealth Management]
- Nine tips for becoming an elite adviser. [InvestmentNews]
From the organizations/associations/government/academia:
- SEC proposes rules for pay ratio disclosure. [SEC]
- Registration requirements now in place for municipal advisors [SEC]
- New research shows most American households do financial planning, but extent of this planning varies greatly. [CFP Board]
- FINRA issues public statement: framework regarding FINRA's approach to economic impact assesment for proposed rulemaking. [FINRA]
- Lifting of Reg D advertising restrictions leads to investor alert on evaluating the risk of private placements [FINRA]
- FINRA sends proposed rule on recruitment incentives to SEC for review [FINRA]
- Retirement benefits for same-sex spouses based on the state where marriage took place, not where the couple resides [DOL]
- SEC fiduciary rulemaking should focus on distinguishing advice from other services [CFA Institute]
From the blogs:
- Keeping your current clients happy. [ThinkAdvisor]
- We need a new approach to solve the innovation talent gap. [Harvard Business Review]
- Trending topics for plan sponsors [Fiduciary News]
- How investment theory and fiduciary duties to retirement plans are evolving together [Fiduciary News]
- Finding time: How three advisors do it. [Wealth Management]
- The death of the out-of-office auto-response. [IN's techconnect]
- Two options to "super-size" Social Security benefits. [IN's On Retirement]
Articles your clients are reading (or should be):
- fi360's Byron Bowman quoted in story about the "hidden" fees in your 401(k) [BankRate.com
- A compelling case for work in retirement. [US News]
- Five mistakes to avoid in early retirement. [US News]
- The basics of reverse mortgages. [The Chicago Financial Planner]