Fiduciary Definition

Fiduciary Definition

7 min read

What is the fiduciary definition? At a high level, a fiduciary is a person or organization that acts on behalf of another person or persons. They must legally and ethically put their client’s interests ahead of their own. Overall, they must preserve trust and act in good faith. When a party knowingly accepts a fiduciary responsibility on behalf of another party, they must operate under the prudent person’s standard of care.

In simple terms, a fiduciary is like a money manager. However, they must look after your money for your benefit, not theirs.

Remember that not all types of fiduciaries are equal – there are four types of fiduciary financial advisors, so know your fiduciary definition. Therefore, asking your money manager if they are a fiduciary is imperative.

This is important because large companies employ many money managers. And these large companies require them to put their clients only in funds the company supports. In other words, funds are in the best interest of the company. 

Other money managers look for investments with large commissions to get a big fat commission check. Then, they put the client into that product that’s not necessarily good for the client.

All of this matters because if you don’t have a fiduciary money manager, you could get put into something that won’t help you. You could lose money.

Good Faith Fiduciary

Five-Second Takeaway

  • Not all investment managers are fiduciaries. Know your fiduciary definition.
  • Under the law, fiduciaries must put your needs ahead of their own.
    no profit is to be made by the fiduciary from the relationship
  • Not all fiduciary financial advisors are the same
  • Are most money managers in the US duly registered as both a broker and fiduciary? Be careful.

Questions a Fiduciary Asks Themselves

  • What are my client’s goals?
  • What does my client need?
  • Is this decision in the best interest of my client?

Other Types of Roles That Must Act In Good Faith

If you go to any country, doctors and lawyers must put your needs first. In other words, they must act in good faith. For example, doctors can’t order tests, so they make more money. Lawyers, guardians, and executors of wills are other roles that must act in good faith. 

In the US, fiduciaries are called IAS registered investment advisors. This is a fiduciary definition. So if they tell you to buy Apple this morning, and they buy Apple tonight, and they get a better price, they have to give you their stock. That’s how strong the law is. But, sadly, that is not true for every broker.

COMPANY
TradeStation ThinkorSwim Logo Interactive Brokers Logo
DESCRIPTION Experience TradeStation's professional-grade options trading platform, built for serious traders seeking value and power ThinkorSwim is for more advanced options traders. It features elite tools and lets you monitor the market, plan your strategy, and implement it in one convenient, easy-to-use, integrated place Leading online trading solutions for traders, investors and advisors, with direct global access to stocks, options, futures, currencies, bonds and funds
HIGHLIGHTS

Fiduciary Definition Startling Fact

Did you know that of the 31,000 people that have to put you first, 26,000 are duly registered? What this means is that they’re both a broker and fiduciary. So, know your fiduciary definition to differentiate between the two. That’s concerning as broker-dealers have to meet less stringent suitability standards. This means they don’t have to put the client’s interests ahead of their own. That’s concerning.

You don’t go into a barber shop asking if you need a haircut or a butcher shop asking if you need meat. So, what do you think their answer is going to be? Of course, it’s a yes! That’s why I suggest going to an independent registered investment advisor.

Example of a Fee-Only Fiduciary

Let’s say one of your goals is to retire at 45. To do so, you’ve decided you need someone to help you structure your portfolio. So, on a glowing recommendation from a friend, you select Janet, an investment manager and a fiduciary. What is her fiduciary definition? What this means is that Janet will invest according to your needs. 

So, her first step is to structure your portfolio with the proper balance of real estate, stocks, and bonds. She gets paid an hourly rate and not commissions on the products she sells you. 

Broker-Dealers - Fiduciary Definition

Typically, broker-dealers receive their compensation by commission. However, as mentioned above in our fiduciary definition post, they must only fulfill a suitability obligation. Therefore, although FINRA regulates broker-dealers, they only have to believe their recommendations are reasonably suitable for the client.

Always remember, the broker’s primary duty is to their employer, not you, the client. 

Sometimes, they engage in excessive trading and frequently shift account assets to generate transaction commissions. But, even more concerning is that they don’t have to disclose potential conflicts of interest. 

Fiduciary Standard vs. The Suitability Requirement

Under the fiduciary definition standard, your investment advisor cannot buy a mutual fund when the client has cheaper options. For instance, the actively managed mutual funds that many non-fiduciaries recommend have a sales charge ranging from 4% to 8% after selling and buying. To rub additional salt in the wound, you’ll pay an extra 1% to 2% a year in management fees with an actively managed fund.

Under the suitability requirement, as long as the investment suits the client, they can buy it. The key point is that this can incentivize brokers to sell their products first despite cheaper products on the market.  

Independent Registered Investment Advisor

There’s no incentive for an independent registered investment advisor to sell you anything. They get a fee for what they do. And the difference could mean hundreds of thousands of dollars, if not millions, at stake. On the other hand, you will find that many fiduciary retirement advisors offer less biased products. Take passively managed funds, for example; this charge only a small management percentage, ranging from 0.1% to 0.2%.

Depending on the advisor and broker, I’ve seen differences between 0.5% and 1.5% in fees. 1.5% may not sound like a lot, but here’s where things get interesting. Let’s say you retire with a million dollars and your money growing at 7% per year at both advisors—equal growth.

Over 30 years, the difference in fees over 30 years for that person ends up being $1.6 million in favor of a fiduciary financial advisor, who is less expensive.

Questions to Ask a Fiduciary Financial Advisor

  • Who pays you?
  • Who will manage my investments?
  • What is your track record? Request a copy of Form ADV, which discloses potential conflicts from securities trades.
  • Are you legally bound to act in my best interest?
  •  Are you acting as a fiduciary?
  • If you are not a fiduciary, what’s your fee structure?

Final Thoughts: Fiduciary Definition

The fiduciary definition bottom line is to recognize that many different types of people are willing to manage your money. But, not all of them are fiduciary financial advisors. Just saying you’re a fiduciary doesn’t clarify what their obligations are or not. Fiduciary duties can vary. Please clarify their scope, if they’re registered as a broker, and where their interests lie. 

Related Articles

FREE ONLINE TRADING COURSES

If you’ve looked for trading education elsewhere then you’ll notice that it can be very costly.

We are opposed to charging ridiculous amounts to access experience and quality information. 

That being said, our website is a great resource for traders or investors of all levels to learn about day trading stocks, futures, and options. Swing trading too! 

On our site, you will find thousands of dollars worth of free online trading courses, tutorials, and reviews.

We put all of the tools available to traders to the test and give you first-hand experience in stock trading you won’t find elsewhere.

Our content is packed with the essential knowledge that’s needed to help you to become a successful trader.

It’s important to treat day trading stocks, options, futures, and swing trading like you would with getting a professional degree, a new trade, or starting any new career.

Invest the proper time into your Trading Education and don’t try to run before you learn to crawl. Trading stocks is not a get-rich-quick scheme. It’s not gambling either, though there are people who treat it this way. Don’t be that person! 

STOCK TRADING COURSES FOR BEGINNERS

The Bullish Bears team focuses on keeping things as simple as possible in our online trading courses and chat rooms. We provide our members with courses of all different trading levels and topics.

If you’re a beginner, intermediate level, or looking for expert trading knowledge…we’ve got you covered. 

We have a basic stock trading course, swing trading course, 2 day trading courses, 2 options courses, 2 candlesticks courses, and broker courses to help you get started. Free.

Just choose the course level that you’re most interested in and get started on the right path now. Become a leader, not a follower. When you’re ready you can join our chat rooms and access our Next Level training library. No rush. We’re here to help.

Click Here to take our free courses.