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Duane Thompson
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>>>>The Investment Advisers Act of 1940 has long prohibited so-called “hedge clauses,” provisions in an advisory agreement that waive compliance with any provision of the Act. In terms of the advisor’s fiduciary duty, any effort to waive it would be... Continue reading
Posted Feb 14, 2013 at fi360 Blog
Thank you for your comments on the new California retirement savings plan. I was not aware of S.B. 923, nor did the legislative staff mention it to me. Thanks for bringing it to my attention. However, it was made clear in the legislative counsel’s digest summarizing SB 1234, and as I tried to make it clear in the blog, several steps need to be taken before the retirement program would be put in place, primarily that it qualify for favorable tax treatment under the Internal Revenue Code and ERISA. Legislative staff, as I noted in the blog, has already met with the federal agencies in taking those first initial steps. It follows that there would be no need to establish an investment board if there were adverse federal rulings, which I suspect is the rationale behind legislative approval of SB 923.
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>>>>In California and elsewhere the retirement planning industry is beginning to wake up to a new “defined benefit” plan for low- to middle-income workers or, as a legislative aide, Greg Hayes, describes it, an “IRA in an insurance wrap.” The... Continue reading
Posted Dec 12, 2012 at fi360 Blog
Readers of this blog know that the judiciary has long been the ultimate arbitrator of the fiduciary standard through its development in common law. To a certain extent, that remains true today. However, passage of the Employee Retirement Income Security... Continue reading
Posted Oct 10, 2012 at fi360 Blog
Last fall the Moench presumption, an evolving standard of prudence established by a half-dozen federal circuits for the selection of investment options, was reviewed in this column by Kristina Fausti Broumand. The Moench standard, or presumption of prudence by a... Continue reading
Posted Aug 8, 2012 at fi360 Blog
Yesterday’s hearing on a proposed self-regulatory organization for investment advisers rehashed old arguments by a familiar cast of players. However, unexpected attention to the associated costs for small advisers came into focus for the first time, putting SRO supporters on... Continue reading
Posted Jun 7, 2012 at fi360 Blog
Warning: This movie is rated ‘FG’ – Fiduciary Guidance. For Mature Advisers Only. Plot: The Starship Pension Prize has discovered a strange new plan-et inhabited by the Klingons, a crafty race known for hawking lightly regulated insurance products. The Starship’s... Continue reading
Posted Oct 27, 2011 at fi360 Blog
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Nov 4, 2010