Investment advisor

From Wikipedia, the free encyclopedia

An investment advisor (or investment adviser) is an individual or firm that advises clients on investment matters on a professional basis.

They tend to fall into two distinct categories:

  • investment advisors offering direct financial advice to individuals or businesses, or
  • investment advisors offering asset management for (typically) corporate clients, hedge funds and/or mutual funds.

Depending on the nature of the relationship, investment advisors charge fees calculated as a percentage (e.g., 1%) of assets under management (see: fee-only financial advisor), on an annual basis, an hourly or on a "flat fee" basis.

Contents

[edit] United States

In the United States investment advisors with over $25 million under management must be registered under the Investment Advisers Act of 1940 as amended. Advisors with less than $25 million under management are registered with the states. Both types of advisors must conduct their business in accordance with state and federal anti-fraud provisions. Day to day legal issues are governed by either the rules and regulations of the U.S. Securities and Exchange Commission or state law.

The difference between a stock broker and investment advisor is becoming blurred. Generally speaking, investment advisors do not charge commissions, and do not sell securities. They provide investment advice. Stock brokers are salespersons - they charge a commission on the product that they sell, they do not offer investment advice; they sell securities. While a registered representative (stock broker) may charge fees rather than commissions, and may have discretionary authority to "trade" the account, he or she is not held to the high standard of being required to demonstrate that all advice, purchases, fees, and sales were appropriate, fair, and clearly in the best interest of the client/investor. Although many registered investment advisors are licensed as stock brokers in order to execute the securities purchases and sales authorized by the investor, the vast majority of stock brokers are, as their state license implies, salespersons, and are authorized to provide financial advice (and recommend sales and purchases) only as an incidental to their primary brokerage service.

Common examples of investment advisors include hedge fund managers, pension fund managers, mutual fund managers, trust fund managers and also individuals, partnerships, or corporations which have registered under the Act, and those who fall within certain exemptions. Stock brokers (known as "registered representatives" under U.S. federal law and licensed in the various states as "general securities salespersons") are not necessarily (and normally are not) registered investment advisors.

The distinction between a stock broker and an investment advisor has legal implications. In general, under U.S. law, investment advisors owe their clients an ongoing fiduciary duty to provide full and complete disclosure of all fees, conflicts of interest, and if so authorized, to exercise discretion in selecting investments with only their clients' best interests in mind. Stock brokers on the other hand, typically do not owe a fiduciary duty to clients beyond the proper execution of buy and sell orders.

In many cases, a registered investment advisor (RIA) is a corporation or partnership while the person actually providing the advice is an investment advisor representative (IAR) of the advisor organization. Investment advisor representatives and individuals registered as investment advisors are sometimes certified as a Certified Financial Planner (CFP®) practitioner by the Certified Financial Planner Board of Standards, Inc. [1] or a Chartered Financial Analyst(CFA®) holding a charter from the CFA Institute [2] after they have passed the appropriate examinations, have agreed to abide by a code of ethics, and have maintained the required continuing education credits. The CFP and CFA credentials are not, however, required for registration as a registered investment advisor. The successful completion of the series 65 and 66[3] securities examination is the primary requirement for becoming registered as an Registered Investment Advisor or an Investment Advisor Representative.

The registration process to become an investment advisor is becoming increasingly complex, with examination reguirements, books and record retention and increased state regulation of smaller investment advisors. See, Registration of Investment Advisors [4].

CFA is a registered trademark of the CFA Institute. CFP is a registered trademark of the Certified Financial Planner Board of Standards, Inc.

[edit] United Kingdom

In the United Kingdom investment advice is given either by a financial advisor or a stock broker.

Financial advisors need to pass an exam to practice (Financial Planning Certificate) and are authorised by the Financial Services Authority, a UK government qango that needs to be satisfied the advisor is a “fit and proper person” before he/she can practice.

Financial advisors are either tied, multi-tied, or independent.

As the classifications suggest a tied advisor can only recommend financial products marketed by the company he or she represents. Typically that company employs him or her but in some cases he or she can work for that organisation under a type of self employed contract that usually precludes other paid work of any kind.

A multi-tied agent performs a similar role except that he or she represents a number of different companies. This is sometimes referred to as the panel system.

An Independent Financial Adviser must offer whole of market advice and, in addition, must offer prospective clients the choice of paying a fee for advice, rather than being remunerated via commission from the financial product provider.

Tied and multi-tied advisors are nearly always rewarded via commission although in some cases (and if the advisor is employed rather than self employed) commission may be expressed in notional terms to justify a salary.

In the UK there has been much debate in the media about the effectiveness of financial advisors, especially in situations where there is perceived bias toward certain products which offer high commission.

There are issues of client accountability as the advisor — either tied or independent — has a moral duty to achieve this for clients. Best advice is difficult to achieve if the advisor is not independent; therefore a type of compromise exists where a tied or multi-tied advisor must recommend the most appropriate financial product available to him or her to suit their clients needs even if a more appropriate product is available in the market place.

In the UK many believe that impartial advice can be obtained only by consulting an independent financial advisor.

[edit] See also

[edit] External links

  • AAFM American Academy of Financial Management
  • AIFA Association of Independent Financial Advisers - UK Trade body
  • NAIFA National Association of Insurance & Financial Advisors
  • SECLaw.com Financial Advisor Legal Information Center
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