Conflicts of Interest - Disclosure and Management

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What this video covers

  • Why Regulation Best Interest (Reg BI) is a best-interest standard, not merely a suitability standard, and why a suitable recommendation can still violate Reg BI
  • The exact disclosure requirement under Reg BI: material facts relating to conflicts of interest must be disclosed, policies must address them, and the firm's interest can never come first
  • The standard-of-care distinction: broker-dealers (BD) are held to Reg BI, while investment advisers (IA) are held to the higher fiduciary duty of loyalty and care
  • What constitutes a control relationship (controlled by, controlling, affiliated with, or under common control with the issuer) and why it triggers special disclosure rules
  • The two-step control-relationship disclosure timeline: oral disclosure before entering the transaction, then written disclosure at or before completion of the transaction
  • Why written disclosure prior to the transaction is an exam trap, and why oral-then-written is the correct sequence
  • Common practical conflicts requiring disclosure: revenue-sharing payments, higher commissions on proprietary products, and control relationships with issuers

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