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Once More Unto the Breach: The New 'Fiduciary' Definition
Jones DayLink to more items from this source
[Guidance Overview]
Apr. 27, 2015

"The Proposed Regulations would not require that advice be individualized to the needs of the plan, participant, or IRA owner. If the advice merely is 'specifically directed to' the participant or IRA owner, that would be sufficient to cause it to be fiduciary advice.... [T]he Preamble to the Proposed Regulations states that ... lawyers, accountants, and actuaries would not be treated as fiduciaries merely because they provide such professional assistance in connection with a particular investment transaction. Despite the Preamble statement, however, the actual language of the proposal is not clear on this point, and there is no express carve-out for such professional services.... In a departure from existing law that has been in effect since 1996, the carve-out for 'investment education' would not permit the use of asset allocation models that refer to specific investment products available under the plan or IRA."

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