27 Journal of Financial Planning 42 (2014)
8 Pages Posted: 19 Mar 2013 Last revised: 6 Jun 2014
Date Written: November 4, 2013
This paper considers how agency fiduciary law might be applied to a financial advisor with discretionary trading authority over a client's account. It (i) surveys the agency problem to which the fiduciary obligation is directed; (ii) examines the legal context by considering how the fiduciary obligation undertakes to mitigate this problem; and (iii) examines several potential applications of agency fiduciary law to financial advisors, including principal trades and the role of informed consent by the client, organizing the discussion under the great fiduciary rubrics of loyalty and care. This paper was sponsored by Federated Investors, Inc.
Keywords: fiduciary, agency, financial advisor, broker-dealer, investment advisor, agency costs, principal trades
JEL Classification: K12, K22, H30
Suggested Citation: Suggested Citation
Sitkoff, Robert H., The Fiduciary Obligations of Financial Advisors Under the Law of Agency (November 4, 2013). Harvard Public Law Working Paper No. 13-16; 27 Journal of Financial Planning 42 (2014); Harvard Public Law Working Paper No. 13-16. Available at SSRN: https://ssrn.com/abstract=2234830 or http://dx.doi.org/10.2139/ssrn.2234830