Conflicts of Interest - Disclosure and Management
Chapters in this video
- 0:00 Aaron, Iris, and the jet ski commission scenario
- 1:14 Regulation Best Interest vs. suitability standard
- 2:37 Broker-dealer Reg BI vs. investment adviser fiduciary duty
- 3:21 Control relationship definition and ownership web
- 4:20 Oral-then-written disclosure timeline trap
- 5:10 Rapid-fire exam recap
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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