SEC Proposed Rule Requires Firms and Brokers to Mitigate and Eliminate Conflicts

Posted on June 1st, 2018 at 5:03 PM
SEC Proposed Rule Requires Firms and Brokers to Mitigate and Eliminate Conflicts

From the Desk of Jim Eccleston at Eccleston Law LLC:

In an effort to eliminate financial conflicts of interest, the SEC has proposed a new rule under the Securities Exchange Act of 1934 (“Exchange Act”) establishing a standard of conduct that requires firms and brokers to mitigate and eliminate conflicts of interest whenever possible.

More specifically, in its proposed best-interest rule, the SEC is asserting that it no longer is acceptable for firms and brokers to solely disclose conflicts of interest. Moreover, under the proposed best-interest rule, firms and brokers are required to go above and beyond by establishing, maintaining and enforcing policies and procedures reasonably designed to identify, address material conflicts of interest and eliminate them as much as possible.  

According to the SEC, the public has until August 7th to comment on the best-interest rule proposal in order to seek clarification on the proposed requirements, including capital standards for investment advisors, and a new four-page customer disclosure form that advisors would be required to use.

The attorneys of Eccleston Law LLC represent investors and advisors nationwide in securities and employment matters. The securities lawyers at Eccleston Law also practice a variety of other areas of practice for financial investors and advisors including Securities FraudCompliance ProtectionBreach of Fiduciary DutyFINRA Matters, and much more. Our attorneys draw on a combined experience of nearly 65 years in delivering the highest quality legal services. If you are in need of legal services, contact us to schedule a one-on-one consultation today.

Related Attorneys: James J. Eccleston

Tags: Eccleston, Eccleston Law, Eccleston Law LLC, James Eccleston

Return to Archive

TESTIMONIALS

Previous
Next

As a financial advisor with over 20 years of experience, I feel fortunate to call Jim my attorney and friend. He is a fantastic lawyer and trusted advisor. He is skilled in the matters necessary to do the job well. He uses his thoughtful approach and calm demeanor to achieve a positive outcome for the client. If you want to feel confident that nothing will be missed and that you will be represented in a highly professional manner, call Jim Eccleston.

Bill C. and Dan M.

LATEST NEWS AND ARTICLES

October 11, 2024
Macquarie Investment Management to Pay $79.8 Million for Overvalued CMOs and Unlawful Cross Trades

The U.S. Securities and Exchange Commission (SEC) has charged Macquarie Investment Management Business Trust (MIMBT) with overvaluing collateralized mortgage obligations (CMOs) and executing unlawful cross-trades that favored certain clients. 

October 10, 2024
Merrill Lynch and Harvest Volatility Management Fined $9.3 Million for Exceeding Client Investment Limits

According to SEC.gov, the Securities and Exchange Commission (SEC) has charged Merrill Lynch, Pierce, Fenner & Smith Inc., and Harvest Volatility Management LLC for exceeding clients’ designated investment limits, resulting in higher fees, increased market exposure, and financial losses. 

October 9, 2024
Charles Schwab Faces Lawsuit Over Failure to Prevent Elder Fraud in Computer Hack

A new lawsuit claims that Charles Schwab failed to protect an elderly client from a fraudulent scheme that drained her retirement savings.