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Advisor Insights

Why Regulation Best Interest Should Be Jettisoned

No amount of disclosures in Regulation Best Interest can change the central reality that the nonfiduciary business model puts employers ahead of investors, argues contributor Scott Simon.

As we know, a square peg cannot--and never will--fit in a round hole, especially within the parameters of the nonfiduciary business model. The reason is that an 800-pound gorilla (that is, broker/dealers, insurance companies, and others) always plants itself between nonfiduciaries (that is, registered representatives, insurance agents, and others) and their customers. As a result, nonfiduciaries cannot ever rise to the standard of being a fiduciary.

In this business model, nonfiduciaries must pay off the Big Chimp first and make him happy before he will step aside and allow them to sell products to their customers. In the nonfiduciary business model, the interests of the Chimp must always come first because legally he is the only entity in that model to whom nonfiduciaries owe fiduciary duties and their financial allegiance.