I have some time here to go into a bit of detail.
Up front, the law has some good qualities, I'm not saying that it does not. But it's another classic case of over-reacting to a problem and throwing the baby out with the bathwater. To wit:
The law is going to (1) cause further consolidation in the advisory industry because of increased regulatory administration costs, so The Big Boys so loathed by many who support this law are going to benefit. It's already happening, even though the law doesn't go into effect until next April and is not going to be enforced until January 2018.
The law is going to (2) leave smaller investors out in the cold because it won't be worth it to many advisors to work with them. This will mean that many investors who would also benefit from the investment, tax, college funding and many other services included in advisory relationships will be on their own. Sorry.
The law is going to (3) benefit older, established advisors because it's going to kill off AT LEAST 25% to 33% of younger advisors pretty much overnight. Those clients will have to go somewhere and obtaining them with the reduced competition will be easier. This, at a time when the industry is damn near desperate for young advisors.
Here's an example - remember, fees are the big deal, right?: Let's say we have a young family, Mom & Dad working hard and putting money into their 401K plans. They have accumulated $108,587 in those plans. They change jobs and want to roll those old plans into IRAs. They go to a younger advisor who offers to put them in American Funds A Share mutual funds, which charge a one-time, 3.50% up front load on those funds at that balance amount. They'd be using four
excellent, Morningstar 4-star and 5-star rated mutual funds (let's say AMRMX, NEWFX, ABALAX, AWSHX), and the advisor and his firm would be responsible for managing the account. Over ten years, because they only paid the up front fee once, they would have averaged only about
0.40% annually in fees for their advisor (plus, I think, 12b-1 fees of about .25% per year, I don't remember). That evil young advisor, depending on his contract, would make a one-time fee of anywhere from $1,000 to $2,700 but would be permanently, legally responsible for that account.
Those days are gone. Poof.
So, they come to me, and I charge them my regular fee for accounts of that (smaller) size,
1.20% annually (and actually, I don't know that I would necessarily take them on). Plus,
I'm making more annually, every year, as it grows. I'm using good funds, too, of course, but can I guarantee that they'd be better off than they would have been with American Funds? Nope.
So they're paying
a ton more in fees over ten years than they had to, because of this law, with ZERO guarantee of better performance.
And one more thing: If they only have $23,000 and go to that younger advisor, he's gone, because he couldn't afford to live on small annual fees alone. They don't have enough to work with me or anyone like me. So, good luck, tough crap. Buy some books on investing and taxation and college planning and tough questions and general financial guidance and family issues and whatever else you need help with. And if you're not comfortable with all of the above, sorry.
Is that really "in their best interest"?
.