Disclosure, Retirement Plan, Investment Adviser

The New Fiduciary Rule (38):The Fiduciary Acknowledgment

Faegre Drinker Biddle & Reath LLP on 7/12/2024

The Department of Labor has issued its final regulation defining fiduciary status for investment advice to retirement investors and the related exemptions for prohibited conflicts—PTEs 2020-02 and 84-24. The exemptions...more

The SEC’s 2024 Examination Priorities: Impact on IRAs and Retirement Plans

Faegre Drinker Biddle & Reath LLP on 10/24/2023

The SEC Division of Examinations recently released its 2024 Examination Priorities (2024-exam-priorities.pdf (sec.gov)). While the Priorities cover a range issues, this article focuses on the Priorities that could impact...more

Discretionary Management of IRAs: Conflicts and Prohibited Transactions

Faegre Drinker Biddle & Reath LLP on 12/20/2022

Both the Internal Revenue Code (Code) and the Employee Retirement Income Security Act of 1974 (ERISA) include prohibited transaction provisions that literally prohibit certain transactions (unless exempted by statute or by a...more

Department of Labor Exemption Impacts Investment Advice Fiduciaries

McDermott Will & Emery on 7/16/2021

The US Department of Labor (DOL) recently issued guidance concerning a new exemption under the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA) in connection with the provision...more

The Battle Lines Continue to Form Over the DOL’s Fiduciary Proposal

Proskauer - Corporate Defense and Disputes on 6/19/2015

Earlier this month, the Securities Industry and Financial Markets Association (“SIFMA”) released its “Proposed Best Interests of the Customer Standard for Broker-Dealers” – an alternative to the U.S. Department of Labor’s...more

Best Practices in Periodic Reviews of Participant Directed Retirement Plans

Butler Snow LLP on 6/19/2013

Among the duties of a retirement plan fiduciary is the duty to monitor the administration of the plan and to assure that policies and procedures are in place to minimize the risk of errors and deficiencies. While monitoring...more