What is Fiduciary Responsibility?
In simple terms, advisers with fiduciary responsibility have a legal responsibility to put your needs ahead of their own. There are a number of important differences that separate advisers who have fiduciary responsibilities from those who don't.
Non-Fiduciary Responsibility
Industry
estimates show that approximately 85% of financial advisers do not have
fiduciary responsibility. This includes stockbrokers, insurance agents
or simple sales representatives. They may hold various licenses, but
since they are not fiduciaries, they are often more interested in
selling insurance and investment products than managing your portfolio.
Non-fiduciary
advisers are compensated through commissions, which are often
equivalent to management fees over several years. In the end, stepping
away from one of these products usually involves a hefty surrender
fee--no matter how bad the service or the results.
Titles for
non-fiduciary advisers are unregulated, which means they can adopt any
title they like: financial adviser, vice president, financial
consultant, financial planner or whatever else sounds good. Of course,
this doesn't change the fact that they are really insurance agents or
brokers. It also doesn't change the fact that they typically do not have
a fiduciary responsibility to put an investor’s interests ahead of
their own, which means they are generally more interested in selling
financial products with the largest commissions.
These sales reps
have limited disclosure requirements and are not allowed to have
account discretion. Most of them receive a large commission up front on
the initial sale, which means they have very little incentive to
continue helping the client.
Fiduciary Responsibility
Some
estimates claim that only 15% of advisers have a fiduciary
responsibility. The Paladin Registry puts the number even lower,
estimating that just one in 12 advisers have fiduciary responsibility.
They also state that fiduciary advisers primarily work with investors
whose net worth exceeds $3,000,000.
Fiduciary advisers are
usually Registered Investment Advisers (RIA's) or Investment Advisor
Representatives. These advisers are registered with the SEC or the state
security division, and they are acknowledged fiduciaries that provide
ongoing financial advice and services. Fiduciary advisers receive
compensation on a quarter-by-quarter basis for continued services, and
that compensation ends if the investor is dissatisfied and chooses to
leave the firm.
An adviser with fiduciary responsibilities is
held to a higher ethical standard and should have the knowledge to
provide sophisticated wealth management services and advice. RIA's are
licensed to provide ongoing financial advice, and fiduciary advisers are
required to provide disclosure in their ADVs.
The investor must always come first. At Paragon Wealth Management, we always put your needs ahead of our own and live up to our fiduciary responsibilities.








