Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: June 24, 2016
The Firm
201-896-4100 info@sh-law.comThe Department of Labor recently issued its final regulations to alter the definition of a fiduciary under ERISA effective Apr. 10, 2017. These “conflict of interest” rules will expand ERISA protections for participants by broadening the personnel treated as fiduciaries which render fee-based investment advice.
With the new rules, the DOL intends to redefine fiduciary investment advice by requiring advisers for ERISA-governed retirement plans and IRAs to act within the definition of ERISA. This move was also intended to summarize the code of conduct for investment advisers specific to provisions for ERISA plan sponsors.
While the final regulations are geared toward investment advisers, they will significantly affect plan sponsors themselves.
Advisers are categorized as fiduciaries rendering investment advice when they offer suggestions to plans, plan fiduciaries, participants, beneficiaries and IRA account owners. According to the National Law Review, these recommendations from advisers are deemed investment advice when there are specific suggestions to engage or avoid certain investments. When investment communication is tailored to an individual, it is more likely to be considered a recommendation – particularly in exchange for fee or other forms of direct or indirect compensation.
Some of these exclusions include employees of plan sponsors, plan fiduciaries, employee benefit plans, affiliates or employee organizations. This is true so long as these entities receive normal compensation for work performed.
Any programs that do not have an investment component, such as health and welfare plans, are also exempt.
The same applies for platforms of investment alternatives. These are exempt so long as advisers present these platforms to plan fiduciaries as impartial suggestions or explain that the advice is not intended as investment recommendations.
Asset valuations are also exempt from the fiduciary definition under the new rules. However, the DOL has stated that it will seek to address asset valuation issues with further regulations.
While the regulations will be effective Apr. 10, 2017, advisers will have until Jan. 1, 2018 to ensure compliance with the “best interest contract exemption”. This provision enables advisers to provide investment recommendations as long as they give “advice in the client’s best interest, charge only reasonable compensation, and avoid misleading statements about fees and conflicts of interest.”
The exemption requires advisers to disclose all conflicts of interest and remove any financial incentives for investment advice that may not be in the client’s best interest.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing. A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]
Author: Patrick T. Conlon

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
Author: Bryce S. Robins

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!