Return of The Fiduciary Rule:

The Department of Labor recently released a regulatory agenda that indicates that it will consider regulatory options to respond to the U.S. Fifth Circuit Court of Appeals decision in March (2018) to vacate the Fiduciary Rule.  The rule would have required brokers in retirement accounts to act in the best interests of their client.  The DOL released guidance that financial professionals could still rely on the rule to provide advice and that there would be no enforcement.  

The SEC has not indicated when they might issue a final advice rule either.  Both the DOL and SEC have the same proposal deadline on of September 2019.  There is some speculation that the SEC and DOL are coordinating on their rules. 

Expect this to become a big story next year.  When it appeared the DOL Fiduciary Rule was imminent, some financial services companies and insurance companies did switch from commission based products and services to fee-based products and services.  Moving away from commissions would be of benefit in the long term to financial services consumers. Go deeper and check out: Compensation Conundrum.  

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