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From Registered Rep. | A Penton Media Publication May 7, 2008 |
IN THIS ISSUE
What The Wealthy Think Of Your Firm

LPL Financial Heats Up The RIA World

Banc Of America Dishes Out $10 Million For Fiduciary Violations

FINRA Fines American Funds


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FEATURE STORY


What The Wealthy Think Of Your Firm
By John Churchill
Regardless of where you work, or what kind of practice you have, the last nine or 10 months have probably been tough on you and your clients. Of course, some firms have fared better than others, so what better time than now to hear what clients think of your brand?

In mid-April, the Luxury Institute, a New York-based research organization that tracks the opinions of the wealthiest 1 percent of U.S. consumers, asked respondents to rate wealth-management businesses (commercial banks, regional banks and private banks). The survey included a total of 551 respondents over the age of 30, each with a net worth of at least $5 million and an annual income of $200,000.

Given the sub-prime-related markdowns, in particular, and the torrent of bad economic news in general, you would think that respondents would view financial companies negatively. And they did: Satisfaction levels across the board were in fact lower this year than last year. But there was a surprise: Not all of the companies generating the worst news received significantly lower marks from high-net-worth respondents.

Read the full story here.


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Top News of the Week


LPL Financial Heats Up The RIA World
By Halah Touryalai
Charles Schwab, Fidelity, TD Ameritrade and Pershing will soon have a new and powerful rival to worry about, while the hybrid broker/independent RIA model should get a major boost. The largest independent b/d in the U.S., LPL Financial, announced today it’s going to launch an RIA custodian later this year, which will serve both hybrid and fee-only investment advisors who operate independent RIAs. LPL currently has about 12,000 Series-7 advisors under its massive b/d umbrella.

“It’s the first time a really large broker/dealer is declaring that it’s okay to have a hybrid registration,” says Moss Adams principal, Philip Palaveev. “In other words, they’re allowing reps to have their own RIAs and manage assets there, and, at the same time, be affiliated with the broker/dealer.”

Palaveev says the industry has allowed hybrid registration for a long time, but that it’s been “hush-hush, and b/ds have been somewhat uncomfortable with it.” In fact, about 8,000 of LPL’s own advisors are currently dually licensed as investment advisors, but are not permitted to operate under their own RIAs. They manage about $75 billion in advisory assets under LPL’s corporate RIA. Now, Palaveev says, the largest independent b/d in the market is declaring that hybrids are not only welcome, but they can register their RIA in their own name.

Read the full story here.


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Banc Of America Dishes Out $10 Million For Fiduciary Violations
By Halah Touryalai
Bank of America Corp. just got about $10 million poorer. Its broker/dealer, Banc of America Investment Services Inc., settled charges today that it failed to disclose that it favored mutual funds affiliated with the firm.

The SEC alleges that from July 2002 through December 2004, Banc of America Investment Services did not tell clients that it was favoring two mutual funds affiliated with the firm when it was selecting investments for discretionary mutual-fund wrap-fee accounts. It also charged Columbia Management Advisors, a successor to Banc of America Capital Management, LLC, with aiding and abetting, and causing certain violations.

"BAISI's selection of mutual funds for wrap-fee clients was compromised when it favored its own proprietary funds over non-affiliated funds," said Linda Chatman Thomsen, director of the SEC's Division of Enforcement. "By using a method to select funds that was at odds with information it provided to clients, BAISI violated its duty of loyalty to its clients."

Read the full story here.


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FINRA Fines American Funds
By David A. Geractioti
Every rep loves American Funds: The fund family—the nation’s largest, with $1 trillion in assets—offers decent performance for relatively inexpensive fees. Oh, and you won’t get fired for putting clients in an American Fund offering. But today FINRA spanked the fund giant for “directed brokerage,” a now-banned practice of directing trades to the trading desks of top-selling brokerages. (Click here for the FINRA press release and a link to the ruling.)

FINRA let a 2006 case stand that found American Funds Distributors guilty of unfairly compensating brokerages that sold the funds. American will have to pay a $5-million fine. FINRA says American behavior wasn’t “egregious,” and no shareholders were harmed, but that American nevertheless had a conflict of interest with 46 broker/dealers in using directed brokerage. (American paid about $98 million in fees from 2001 to 2003, FINRA says.) It should be noted that directed brokerage was a common practice for years. This was never hidden from regulators, and was sometimes disclosed to investors in prospectuses—well, buried might be a more accurate description of the disclosure. Critics have argued that in outlawing the practice, and then fining fund companies and brokerages for a formerly accepted business practices, regulators are “regulating by enforcement”—or making up rules as they go along. Click here for an L.A. Times story on the L.A.-based fund company.)


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