- Disclose to the retail client the key facts about the relationship, including material conflicts of interest.
- Exercise reasonable diligence, care, skill and prudence, to (i) understand the product; (ii) have a reasonable basis to believe that the product is in the retail customer’s best interest; and (iii) have a reasonable basis to believe that a series of transactions is in the retail customer’s best interest.
- Establish, maintain and enforce policies and procedures reasonably designed to identify and then at a minimum to disclose and mitigate, or eliminate, material conflicts of interest arising from financial incentives. Other material conflicts of interest must be at least disclosed.
Confused by the SEC’s proposed advice rule? Your questions answered
Andrew Welsch is a former managing editor of Financial Planning.