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Labor Department's Proposed Regulations on ERISA 'Fiduciary' Definition
Deloitte via BenefitsLink 
[Guidance Overview] Nov. 2, 2010
Excerpt: In terms of fees, the proposed regulation states that a person receives a fee for rendering investment advice if 'any fee or compensation for the advice' is received by the person (or by an affiliate of the person) 'from any source' as well as 'any fee or compensation incident to the transaction.' These fees would include, for example, brokerage, mutual fund sales, and insurance sales commissions.
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