The Applicability of the DOL Rule to a Fee Only RIA
Written by: Brian Young
Unless you have been living under a rock, you are already aware that June 9, 2017 marked the official compliance effective date of the DOL Rule. Although advisors have until January 1, 2018 to be in full compliance of the new rule, it is recommended that you get started today.
I have been asked multiple times about the applicability of the DOL rule to a fee only RIA. Just because you do not collect commissions via mutual fund or insurance sales does not mean that you are safe from the DOL rule. Yes, as a fee only RIA, you are in good shape because you are already held to a fiduciary standard under the Advisers Act. However, the DOL rule expands the definition of a “fiduciary” as it relates to retirement plans and accounts. The most common scenario is when an Advisor recommends a retirement account rollover. In a rollover situation, there are additional disclosures and documentation practices that Advisors will need to implement to comply with the DOL rule. As it relates to fee based RIAs, I will focus my conversation on the level fee fiduciary exemption.
So who is a level fee fiduciary? Per the DOL rule, it is an advisor that provides services based on an AUM or fixed fee that does not vary based on the recommended investments. I think most people would agree that a fee based account versus a commission based account better aligns the interests between the Advisor and client. However, the DOL rule seeks to cover the conflict of interest that potentially lies in the rollover of a retirement account. More specifically, the scenario where the Advisor is able to generate revenue that they would not receive if not for the account rollover. Here are a couple scenarios to consider:
Your client has an ERISA retirement plan account through their employer, XYZ Corp. They are making a career change and starting a new job with ABC Corp. They reached out to you to help decide what they should do with their XYZ Corp sponsored retirement account. You recommend that the client should rollover their retirement plan account into an IRA account.
Your client has an IRA account that is held in a commission based account. You recommend that they rollover this account into a fee based account.
In these scenarios, here are a few best practices to make sure that you adhere to the level fee fiduciary exemption. You will need to:
- Acknowledge your fiduciary status through a written notice to your client.
- Abide by the impartial conduct standards:
- Act in the best interest of the client.
- Charge reasonable compensation.
- Do not make misleading statements.
In both account rollover scenarios, it is important that you also document how you are adhering to the impartial conduct standards. Here are few questions that you should answer and keep saved in your client files:
- Why was the account rollover recommendation in the best interest of the client?
- What other investment options are available to the client besides an account rollover?
- What are the fees and expenses in the previous account versus the fee based account?
- What are the level of services or investments made available under the previous account versus the fee based account?
If you have any additional questions send us an email!
How We're Investing in the Search for a Cancer Cure
Written by: Frank Jennings, Ph.D., Portfolio Manager
I hate cancer.
I’ve lost one too many friends to this insidious disease and I’ve made it a priority to be part of the effort to find a cure for it. Every day, I draw motivation from the people I’ve lost in my work as Portfolio Manager of Oppenheimer Global Opportunities Fund.
I may not be a doctor or medical industry professional, but the work my team and I do has brought us to the front lines of the ongoing fight against cancer. The Fund’s guiding philosophy is to invest in emergent growth companies that we believe have the potential to grow into large, highly profitable businesses.
Our search for these types of companies has given me renewed hope that we are closer than ever to finding a cure for one of the deadliest scourges humanity has ever known.
OppenheimerFunds’ Role in the Fight
Oppenheimer Global Opportunities Fund invests in a number of pharmaceutical and biotechnology companies that are developing breakthrough drugs that can potentially treat the disease more effectively without debilitating side effects, make it easier for patients to manage pain, and possibly even lower the cost of treatment.
The cutting-edge therapies that are in development may even pave the way to the ultimate goal – a cure for all forms of the disease. Of course, one glance at the National Cancer Institute (NCI) website is all it takes to remind us we’re in a fight that often feels like an uphill race against time.
At some point in their lifetime, nearly 40% of the population will be diagnosed with cancer, according to the NCI. Last year in the United States alone, 1.7 million people received this dreaded news from their doctor, while nearly 600,000 people succumbed to the disease.1
These statistics certainly make it fair to ask why I’m so optimistic about the future of cancer treatment and the potential for a cure.
Well for starters, just consider that geneticists have finally mapped the entire human genome. Today, 100 million people have had their genomes mapped, which has enabled us to confirm, for example, that there is a particular gene mutation that places some women at a high risk of developing breast or ovarian cancer at some point in their life.
This is important on several fronts. First, it allows doctors to know beforehand whether or not a cancer drug will work on a patient due to the genetic makeup of the cancer. This means fewer drugs will be prescribed inappropriately. It may even help bring promising new treatments to market faster.
By knowing a cancer’s genetic makeup, drug trials can be conducted only on people with a high probability of success. In turn, this will result in less money wasted, better outcomes for patients, and ultimately, faster approvals by the U.S. Food and Drug Administration (FDA) and other international regulatory bodies.
The Biotechnology and Pharmaceutical Companies We Believe In
One of the largest holdings in the portfolio is in a company that develops and markets therapies that mimic a person’s own immune system to fight cancer. This particular company, which is headquartered in the U.S., recently developed a new antibody-drug conjugate (ADC) technology that allows its medications to attack cancer cells with fewer side effects than chemotherapy.
This firm has a number of innovative cancer medications at its disposal – including therapies for treating various types of lymphoma. The company continues to sign partners onto its proprietary ADC technology, and we believe it is well-positioned to earn millions in royalties over the long term, making it an attractive acquisition target for larger drug makers.
There are a number of European pharmaceutical and biotech firms in the portfolio as well, including another company that specializes in immunotherapy – which seeks to boost the body’s immune system to fight off cancer.
Analysts have predicted this company’s treatment for multiple myeloma has blockbuster potential. And although the drug is primarily used to fight blood cancer, there are signs that it could also work against solid tumors as well. Now beyond the “cash-burning stage” that afflicts most drug makers at some point, this company is on track to becoming a mature biotech firm that’s positioned for strong overall sales and steady royalty income in the near future.
Over the last five years, shares of this company have climbed more than 2,000% and we see potential for continued strong future growth.
How the Cancer Fight Aligns with My Investment Philosophy
I believe companies have a lifecycle – just like people do. There’s a beginning, adolescence, prime years, and an eventual decline phase. Companies usually begin as entrepreneurial ventures powered by the spirit of a startup. If they’re successful, they gradually mature into corporate entities and can enjoy an extended run of success. The decline phase typically takes root when companies get too big and bogged down by bureaucracy, regulation and saturated markets.
The Fund seeks to invest in businesses that still have exponential growth ahead of them. I’ve been excited to discover that there are quite a few companies like this at the forefront of the fight against cancer. Investing in these types of companies within the Oppenheimer Global Opportunities Fund can help clients achieve their desired investment outcomes, which is my top priority as a portfolio manager.
Combining this core mission with my personal desire to see cancer eradicated is one of the most gratifying parts of my job.
Learn more about how we think about investments differently, visit challengetheindex.com
Foreign investments may be volatile and involve additional expenses and special risks, including currency fluctuations, foreign taxes, regulatory and geopolitical risks. Emerging and developing market investments may be especially volatile. Eurozone investments may be subject to volatility and liquidity issues. Investments in securities of growth companies may be volatile. Mid-sized company stock is typically more volatile than that of larger company stock. It may take a substantial period of time to realize a gain on an investment in a mid-sized company, if any gain is realized at all. Fixed income investing entails credit and interest rate risks. When interest rates rise, bond prices generally fall, and the Fund’s share prices can fall. Below-investment-grade (“high yield” or “junk”) bonds are more at risk of default and are subject to liquidity risk. Diversification does not guarantee profit or protect against loss.
Mutual funds and exchange traded funds are subject to market risk and volatility. Shares may gain or lose value.
These views represent the opinions of OppenheimerFunds, Inc. and are not intended as investment advice or to predict or depict the performance of any investment. These views are as of the publication date, and are subject to change based on subsequent developments.
Carefully consider fund investment objectives, risks, charges, and expenses. Visit oppenheimerfunds.com or call your advisor for a prospectus with this and other fund information. Read it carefully before investing.
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