When Is an ERISA Advisor a Fiduciary? - Professional Financial Advisor

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When Is an ERISA Advisor a Fiduciary?

Saturday, Jun 07 2014

Practice Management

Written by PFA News

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According to the U.S. courts, for someone advising an ERISA plan to be held up to the “fiduciary” standard, he or she must have had the ability to implement her advice by controlling the plan’s investment decisions. So reports Bloomberg BNA.

Courts applying the “fiduciary” standard have also dealt with distinguishing investment advice from mere marketing and salesmanship.

Read the full article from Bloomberg BNA.

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