The Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) analyzed how the investment industry interacts with “senior investors,” investors the regulators define as aged 65 years old or older. The analysis involved 44 examinations of broker-dealers.
The SEC and FINRA used the information to create a list of steps that broker-dealers should consider incorporating into their procedures. The recommendations are not mandated, but rather are described as designed to “facilitate a thoughtful analysis” of policies and procedures related to senior investors.
Among the recommendations are:
- Training: Require mandatory continuing education. Course should cover the various stages of mental capacity (full or diminished) and solutions to assisting investors with diminished mental capacity. Supervisory staff should also be trained to assist when elder financial abuse is suspected.
- Senior Designations: All senior financial/investment designations should have a verified curriculum, a continuing education element and accreditation from a recognized independent institution (44% of designations currently allowed by broker-dealers are not independently accredited.)
- Marketing and Communications: Require written supervisory approval for any unscripted seminars or other related forms of public appearances. Evaluation forms should be distributed to attendees, with responses reviewed by a supervisor.
- Account Documentation: Ask senior investors to provide more detailed financial information, such as short- and intermediate-term expenses. Establish automated supervisory alerts to ensure profiles reflect changes in a client’s personal and financial circumstances.
- Suitability: Adopt policies and procedures addressing senior investor-specific suitability risks. (Note that this is less stringent than the fiduciary rule would mandate.) Digitally store all conversations between broker representatives and senior investors about investment recommendations.
- Disclosures: Provide a detailed description of all registered representative compensation for each product sold on their website. Also distribute a single, comprehensive disclosure form that uses simple definitions and lists all fees and expenses.
- Customer Complaints: Code complaints as “senior related” in internal systems in order to respond better to and better analyze complaints from senior investors.
- Supervision: Establish policies for working with investors suffering from diminished capacity and for addressing occurrences of suspected financial abuse. Maintain product suitability guidelines for variable annuities, equity-indexed annuities, REITs, options and other alternative products.
Source: “National Senior Initiative: A Coordinated Series of Examinations,” Securities and Exchange Commission and the Financial Industry Regulatory Authority.
Discussion
FREE REPORT
Nicholas Halanych from North Carolina posted over 11 years ago:
Thomas Blum from NC posted over 10 years ago:
Susan Whitehead from VA posted over 10 years ago:
You need to log in as a registered AAII user before commenting.
Log InCreate an account