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Fiduciary Duties of Brokers-Advisers-Financial Planners and Money Managers

25 Pages Posted: 12 Aug 2009 Last revised: 18 Feb 2010

Tamar Frankel

Boston University School of Law

Date Written: August 10, 2009

Abstract

Broker dealers and investment advisers form the lifeline of the financial markets. While in the past their functions were separate, and their regulation differed, throughout the years their functions were allowed to merge but their regulation remained separate. Advisers are their clients’ fiduciaries. Brokers are not, with some exceptions. It is recognized that the law has to change, and the question is how. In this Article I argue for imposing the fiduciary duty of loyalty and limiting conflict of interest all financial intermediaries, including broker dealers, and suggest a process for establishing the details of the law that should apply to them. Section One of the Article outlines the principles on which fiduciary law is based. Section Two offers a short overview of the past and current practice of broker dealers. Section Three highlights the fiduciary aspects of broker dealers and the risks posed to their clients from their conflicts of interest Section Four proposes changes in the current law and a process to achieve future changes. The law should impose principles; the financial intermediaries should seek the specificity.

Keywords: fiduciary aspects of broker dealers, financial markets, Ponzi schemes, Bernard Madoff, fiduciary law, proposed changes to fiduciary law

JEL Classification: G38, K22, K23, K42

Suggested Citation

Frankel, Tamar, Fiduciary Duties of Brokers-Advisers-Financial Planners and Money Managers (August 10, 2009). Boston Univ. School of Law Working Paper No. 09-36. Available at SSRN: https://ssrn.com/abstract=1446750 or http://dx.doi.org/10.2139/ssrn.1446750

Tamar Frankel (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
1070G
Boston, MA 02215
United States
617-353-3773 (Phone)
617-353-3077 (Fax)

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