NASAA Series 65, Uniform Investment Adviser Law ExaminationLaws, Regulations, and Guidelines, including Prohibition on Unethical Business PracticesMedium

An investment adviser representative (IAR) at a state-registered firm prepares a financial plan for a client. The plan recommends several specific securities, including mutual funds and individual stocks. Which of the following statements about the IAR's fiduciary duty in this scenario is most accurate?

  1. AThe IAR's fiduciary duty is satisfied if the client acknowledges understanding the risks involved in the recommendations.
  2. BThe IAR's fiduciary duty requires recommending the lowest-cost investment options available, regardless of other factors.
  3. CThe IAR's fiduciary duty applies only to the investment advisory services, not to the specific securities recommendations.
  4. DThe IAR's fiduciary duty requires that all recommendations be suitable for the client's objectives and risk tolerance.
Show answer & explanation

Correct answer: D. The IAR's fiduciary duty requires that all recommendations be suitable for the client's objectives and risk tolerance.

A core aspect of an IAR's fiduciary duty is to ensure that all investment advice and recommendations are suitable for the client, considering their financial situation, investment objectives, and risk tolerance. This goes beyond simple risk acknowledgment or solely focusing on cost.

Why the other options are wrong

  • A. While risk acknowledgment is important, it does not, by itself, fulfill the full scope of fiduciary duty, which includes suitability.
  • B. While cost is a factor, fiduciary duty requires considering all relevant factors to make suitable recommendations, not just the lowest cost.
  • C. An IAR's fiduciary duty applies to all aspects of the investment advisory relationship, including specific recommendations.

Fiduciary Duty - Suitability

Under fiduciary duty, an investment adviser representative must ensure that all investment recommendations are suitable for the client, meaning they align with the client's financial situation, investment objectives, and risk tolerance.

  • Applies to all advisory services and recommendations.
  • Requires understanding the client's full financial profile.
  • Goes beyond simply disclosing risks; requires acting in the client's best interest.

Memory trick: Fiduciary's Duty: Always Act with Care, Loyalty, and Put Client First, Everywhere!

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