Brokers vs Advisors vs Clients’ Best Interests

Last week the NYT ran another story on the screwy financial regulatory landscape here in the States.  With so many financial professionals calling it quits with big firms and hanging out shingles as advisors,  the big money (brokerage firms) do their best to obfuscate their incentive to SELL, rather than ADVISE or MANAGE.

The story ably illustrates how some individual brokers provide advisor-like services while some advisors closely resemble brokers.

One advisor’s view

I interviewed Derek Hernquist, Chief Investment Officer at Integrative Capital, LLC in Charlotte, NC on this matter.

Derek: “It makes no sense to me that there are two standards, and I think the brokerage industry has blurred the lines by changing titles to “financial advisor” from broker or registered rep. Most people I speak with are unaware of the distinction between financial advisors and investment advisors.

“Seriously, how can anyone read this line from the article and not think there’s a problem “Congress is now considering a provision that could alleviate some of this confusion by requiring brokers to act in their clients’ best interest. ‘Requiring brokers?’ Shouldn’t a client be able to trust this is already the case?”

Derek’s a smart guy with principles. While I had his ear I asked a few more questions:

Q: Why did you launch your own advisory practice?

A: I found myself frustrated with my answer when friends asked “What do I do with my money? The growth of Wall St. left investors with an overwhelming array of underwhelming choices. It became harder and harder for the true risk managers to be noticed amidst the race to beat the benchmark. I felt compelled to step in and help filter the noise for those without the time to do so.

Q: Why did you choose Registered Investment Advisor (RIA) registration?

A: I needed complete independence of investment choices as well as fair pricing to give clients a shot at attractive risk-adjusted returns. This eliminates everything but the hedge fund and investment advisory models,and I felt that the demographic I wanted to help was outside the scope of hedge funds.

Q: Compensation is a big issue. How did you determine your fee structure?

A: I love the performance-driven aspect of hedge fund fees, but had to compromise in order to open my tent to individuals that don’t qualify as accredited investors.

In Warren Buffett’s early days, he charged nothing for the 1st 6% of return and asked for 25% of profits above that.  I’d love to do that, but that’s outlawed for non-accredited investors under the 1940 Act. To this point, I’ve settled for charging clients 1% of assets up to a max of $10,000 per year. Account size doesn’t dictate required workload, so this is my way of flattening the cost curve a little as clients grow into accredited investors.

Prompts for Professionals

I wrote about compensation and the need for some honest disclosure on how any professional is paid last June. One of the comments included this observation: “Funny – no one asks their doctor how they get paid either.  Might be worth asking. Most doctors I know have incentive to rush you through their office because they are paid by the HMOs based on how many patients they see per day.”

• If you own your firm, tell your clients why you decided to structure your compensation as you did.   If you work for a broker or agency, tell your clients why you believe the comp structure you work under is fair to you and to them.
• Explain how you balance the competing interests of your financial future and theirs.
• Have an up-front discussion about how they can challenge your ethics.
• Do you belong to a professional organization that requires credentialing?  Tell your clients about the credentialing process and how your preparation and credentialing benefit them.
• Publish your continuing education plans for the year.
• Solicit feedback from clients: what topics do they find most confusing?

How about it? Let’s have a hearty discussion in the comments section.

Social Media Regulations for the Financial Industry (finally)

Last week FINRA issued Regulatory Notice 10-06 to finally address how those it regulates can participate in social media. Anyone regulated by FINRA already knows this, and I’ve got nothing new to say about the notice.

I do have some questions about linkedFA, a new service that purports to comply with FINRA’s guidelines. This part of the standard seems to be the most onerous for services like LinkedIn, Facebook and the rest to comply with:

Every firm that intends to communicate, or permit its associated persons to communicate, through social media sites must first ensure that it can retain records of those communications as required by Rules 17a-3 and 17a-4 under the Securities Exchange Act of 1934 and NASD Rule 3110. SEC and FINRA rules require that for record retention purposes, the content of the communication is determinative and a broker-dealer must retain those electronic communications that relate to its “business as such.”

The linkedFA site allows advisers to create three separate profiles to interact and display different information to clients, peers and recruiters. By capturing and storing communications for six years, founder Brian Byrne says everything is “extractable and reportable.”

Ho hum, where’s the value proposition?

I’m not willing to join a network of CPAs just so I can see what mine has to say about the profession, so why would the general public join linkedFA just for the privilege of communicating with their financial advisor? Social media depends on the network effect. Unless linkedFA intends to collaborate with the entrenched networks like Facebook, LinkedIn, Twitter et al through some sort of API I don’t know how it would expect to gain traction with the general population.

Since I’m not a developer or social media genius I asked my friend Andy Ciordia (who is both) to weigh in.

I think it must be recognized that we have mature social media platforms out there.  The real question is what is being done to leverage their power to create further value in something like linkedFA.

There are plenty of social networking platforms out there for professionals.  Most of them at the very least allow you to bring in your content from other social streams.  Sadly many of them lacking real programming budgets do not allow the same beyond an RSS feed to others. That’s not real interactivity.

So what is l`inkedFA really adding?  Looking at the wrapping around the site and watching their video I feel shaky at best that it’s going to be something that blows the doors off of using LinkedIn.  Tamela and I had a great phone conversation on this and we both agreed that this type of service would be fantastic to siphon from all the streams and have it act as the archive, the record, the authority.  However to build just another networking site and then have to have everyone make new accounts (I didn’t see OAuth or another federated solution to make life easier), seems like a lot of work just to help communication along.  I communicate fine over the phone and email with those financial services in my life.  Why would I hurdle barriers to entry and a dubious data portability to go see them over there?

API or not this style of service is going to have an uphill battle and they’re going to have to separate themselves from the pack through some logical yet ingeniously implemented ideas.  More than not I could see LinkedIn move their resources around and allow for FINRA compliance.

– Andy Ciordia

How about it, advisors, what has the FINRA notice done for you?

Is your firm promising a new policy for social media interactions?

How many of you are participating in social media behind an avatar and pseudonym?

High Frequency Trading in Jobless Recovery

I follow an outstanding lineup of financial professionals and traders on Twitter. I learned about some of them through Stocktwits, which describes itself as “a social, stock microblogging service.” Stocktwits now offers a free desktop with more functionality than TweetDeck.

StockTwits is an open, community-powered idea and information service for investments. Users can eavesdrop on traders and investors, or contribute to the conversation and build their reputation as savvy market wizards. The service takes financial related data – using Twitter as the content production platform – and structures it by stock, user, reputation, etc.

While I’m not a trader or active investor, I enjoy the intelligent conversation of Stocktwits gurus like @aiki14 @Dasan @iron100 @ekanters @gregormacdonald @nelderini and others from around the world.  They’re quick to extrapolate from a world event to its effects on global economies, individual sectors and stocks.  (Note: follow Charlotte hometown favorite @kevinmhughes as he gains national notoriety).

Truckers and retirees now stock jockeys?

I thought my world view was skewed by my Stocktwits exposure to trading, where lots of folks new to trading and investing subscribe to the charts and advice of experts.  But then I saw an article on un-employed and un-retired people going into trading for the lack of other employment opportunities.   The next day The Daily Show ran a segment on the topic. Hmmm, something’s afoot.

I appreciate that there’s money to be made trading. But all the trading in the world doesn’t feed people, clean the environment or find a cure for cancer. And, as Samantha Bee points out in this piece, it’s not as easy as promoters would have us believe.

Writing prompts for financial professionals

• What tax considerations to high frequency traders & rookies overlook?
• If you’re a financial advisor, how do you advise would-be traders to allocate their overall portfolio in consideration of high frequency trade risks and returns?
• Review the different software products needed to pursue a career as a trader.
• How long does it take and how much do you need to lose before you figure out whether this career is a good fit for you? What’s the total investment, considering hardware, software and mentoring services?

Dan Ariely 2of 3: Trust and the Meltdown

Last week I set the foundation for today’s installment, complete with a sound file of bestselling author Dan Ariely’s talk to our Business School Alliance in Charlotte. This post will make the most sense to those who read that first.

New insights on the meltdown

The 2nd edition of Ariely’s book,  Predictably Irrational, includes a full chapter on the 2008 meltdown.  In it, he emphasized trust (and the breach thereof), saying that no matter the long list of expensive “heroic measures” the central banks take, they’re unlikely to achieve the desired effect without taking measures to restore trust.” After all, trust is the foundation of paper money to start with.

“Imagine how different things would have looked if the banks and the government had understood the importance of trust from the get-go. Had that been the case, they would have worked harder to explain more clearly what went wrong and how the bailout would be used to clean up the mess. They would not have ignored the public’s sentiment; they would have used it for guidance. They would have included some trust-building elements in the bailout legislation itself thoughts about the subprime mortgage crisis for example, they could have guaranteed that every bank bailed out with taxpayers’ money would have to commit to transparency, limit top managers’ salaries, and eliminate conflicts of interest.”

Trust and “learned helplessness”

Ariely says outright that Paulson’s behavior told us clearly that no one really understood what was going on. “One question we might ask is whether the general (psychological) depression that followed might have been mitigated if Paulson had been able to explain what went wrong in the first place, what his proposed measures were going to achieve, why he changed his decision to buy toxic securities, and what his plan was for the rest of the bailout money.

“As it turns out, even some answers could have made a difference. All creatures (including humans) respond negatively in situations where things don’t seem to make sense. When the world gives us unpredictable punishments without rhyme or reason, and when we don’t have any explanation for what is happening, we become prone to something psychologists call ‘learned helplessness.’” In a nutshell, those who’ve learned helplessness simply stop trying to help themselves because they believe such attempts are futile.

He suggested we help ourselves by changing “the way we consume news, from passive receptivity to actively thinking about the information and trying to make sense out of it.”

Amen to that. My prescription?  More NPR and NewsHour; complete abstinence from Fox(so-called) News.

Coming in part 3 of 3: How lack of trust in financial meltdown affected healthcare reform

Writing prompts for bloggers & newsletter writers

• I wrote a post with writing prompts in May based on The Atlantic’s Article “Why I Fired My Broker.”  I quoted Seth Klarman saying “The average person can’t really trust anybody. They can’t trust a broker, because the broker is interested in churning commissions. They can’t trust a mutual fund, because the mutual fund is interested in gathering a lot of assets and keeping them.  And now it’s even worse because even the most sophisticated people have no idea what’s going on.”  What steps is your firm (or are you) taking to communicate to your clients that you are trustworthy?  That your processes are fail safe (or at least properly audited)?
• Do you think more straight talk with your clients on your compensation will engender trust?  If you work for a broker or agency, why not tell your clients why you believe the comp structure you work under is fair to you and to them?
• In a post on compassion fatigue and shared trauma by financial advisors we discovered how and why advisors avoid client contact.  Ariely points out the need for trustbuilding, which can only happen with increased contact.  What steps have you seen advisors take (or have you taken) to step up client communications? Can you point your clients to more trusted information portals?

Dan Ariely 1 of 3: Trust, Revenge & Financial Reform

Bestselling author Dan Ariely, a professor of behavioral economics at  Duke, made a special appearance in Charlotte for our Business School Alliance last week. Ariely’s book, Predictably Irrational, just went into a second edition and — holy cow– is still in hardcover. I’ll write about his visit in this and two other posts this week. Here’s what’s in the new edition:

1.  A New Intro: Why the recent events in the economy make behavioral economics more important than ever before

2.  Reactions and Anecdotes: Expanding on some of the lessons we learned in the earlier chapters with interesting new stories and some more science

3.  Thoughts about the Subprime Mortgage Crisis and Its Consequences: A more in-depth look at how irrationalities played a role in the recent Subprime Mortgage Crisis, along with some of his thoughts on how we can fix those problems

Part One: we trust and seek revenge irrationally

Cliff’s notes: Ariely demonstrates that people aren’t always “selfish economic maximizers.” We will trust when we are rationally unwise to do so.  He also points out that we are, irrationally, “very happy to spend lots of money to make others suffer,”  joking that if you’ve any experience with divorce you’ll understand what he’s talking about. He explained the social utility of revenge in situations where lawlessness prevails.

Interesting factoid: PET scans of brains plotting revenge are quite similar to those experiencing pleasure.

I particularly like the novel way he approaches financial and healthcare reform.  He reminds us that roads and highways have wider lanes than a vehicle width, they have shoulders where people aren’t supposed to drive, they have protective medians and speed limits — none of which a “rational economist” would allow for.  Conclusion: when we devised our transportation system, we allowed that drivers would need room to make mistakes (or get out of the way of others who do).  We should plan ahead for “mistakes” in financial and healthcare reform efforts as well.

I had the foresight to bring my digital recorder, so enjoy what Dan has to say (click the link to play inside this window or download).

Trust-Revenge-Financial Reform

Writing prompts for bloggers & newsletter writers

• This is a time of great mistrust and financial churn. Perhaps you have either benefited professionally or been mistaken for a miscreant (or both). It’s not all in your control, is it? Do you have any anecdotes on how people irrationally trusted you or another advisor?  What about anecdotes where someone wrongly thought you had treated them badly and sought revenge? Does this make more sense now that you’ve heard Dan’s talk? You might offer some straight talk to your clients and prospects on this topic.
• Dan talked about AIG employees being harassed in public after the bailout. Can you relate any episodes of client anger that you handled particularly well or poorly? What lessons did such an episode teach you about yourself? Your profession? Human nature?
• If you’re an advisor, can you see yourself making use of the mango story when dealing with marriage or business partners who are dissolving their relationship? Or perhaps the Dr. Strangelove metaphor works better?
• What do you make of the parallel between how a “rational economist” would design a highway system and how we should revamp our healthcare system or re-regulate our financial system?

A Smarter Planet

One Planet, One People, One Grid?

In the tech section of the BBC news online, I found this interesting article by Brendon Riley, the CEO of IBM in the UK. In it, he makes the point that we can now “infuse intelligence into the way the world works.”  He cites a case study from Malta and observes that their energy grid looks more like the internet.

Here’s an excerpt: “Critically, the digital and physical infrastructures of the world are converging. Computational power is being put into things we wouldn’t recognise as computers. It’s easy to embed sensors in all sorts of ecosystems, from hospitals to supply chains to natural systems like rivers. Almost anything can have a digital presence in a networked world.

“All of this instrumentation generates new data, which advanced analytics can turn into insight – so better decisions can be made in real time.

“This in turn leads to increased effectiveness – simply doing what works, faster.”

Writing Prompts:

Financial Services:

• What companies do you or your firm believe will lead the way in this green revolution?  Does IBM have what it takes?
• Do you believe the claims Mr Riley makes about a smarter planet or is this just corporate boosterism?
• What public-private partnership models for the green revolution deserve emulation?
• Do you know of any studies estimating ROI for this type of initiative?

Environmental & Services:

• What other case studies deserve attention?  IBM promotes the Maltese study because they know it best.
• Is there a downside to the approach being taken in Malta?
• Do you know of any studies estimating ROI for this type of initiative?
• Is it possible that less-developed countries have an advantage on, say, the G20 in implementing initiatives like this?