Fi360 Fiduciary Talk 43: Titles used by advisers can trigger fiduciary status

An overlooked aspect of the DOL’s fiduciary rule is that it introduces a “holding out” fiduciary status, where titles that imply fiduciary status will hold the advisor to that standard. Even with the uncertainty around the fiduciary rule, this trend appears likely to continue, as even opponents of the rule have demonstrated support for regulating titles that cause confusion with the investing public.