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ECONOMIC REPORT OF THE PRESIDENT

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ule does not ban such “conflicted payments,” it does stipulate that those<br />

institutions still receiving such transaction-based compensation must<br />

have clients sign a best interest contract exemption, which pledges that<br />

the adviser will act in the client’s best interest.<br />

While the rule will only apply to transactions beginning in April<br />

2017, the effects will become evident sooner as investment advisers<br />

adjust their business practices to comply with the new regulations.<br />

Analysts anticipate that the effects will be large. Morningstar estimates<br />

that the rule will require that accounts with more than $800 billion of<br />

defined contribution plan assets that are receiving some form of advice<br />

be checked for compliance. In addition, wealth management firms will<br />

need to justify that over $200 billion of IRA rollovers are in the clients’<br />

best interest. Commentators envision that the plan will place the highest<br />

costs on independent broker-dealers, formerly obliged only to offer<br />

suitable investment advice. Registered investment advisors (RIAs) will<br />

bear smaller costs given they are already under a fiduciary standard. The<br />

additional liability of a best interest contract exemption will likely incentivize<br />

broker-dealers to switch to fee-based compensation structures.<br />

Since fee-based compensation may make small accounts less profitable,<br />

advisers could decide either to drop small retirement accounts or shift<br />

them into automated advice accounts —so called “robo-advisors.” While<br />

the results of these regulations will become more apparent in the coming<br />

year, the initial commitment of some firms toward lower fee, passive<br />

products, should then lower costs to consumers, consistent with the<br />

original intent of the DOL rule.<br />

legislation to fund investment adviser examinations, broker-dealer fiduciary<br />

duty, data tagging, and target date mutual funds.<br />

International Cooperation<br />

The U.S. financial system does not exist in a vacuum. Massive volumes<br />

of capital flow between U.S. financial markets and those abroad. Over the<br />

course of a month, foreign residents buy and sell trillions of dollars’ worth<br />

of U.S. assets to or from U.S. residents. European banks were major borrowers<br />

from U.S. money market funds and subsequently major investors<br />

in U.S. asset markets. Foreign domiciled financial institutions play sizable<br />

roles in many aspects of U.S. financial markets. In addition, U.S. financial<br />

firms compete for business in financial markets around the world with firms<br />

regulated by other countries’ rules. Reforming the U.S. financial system and<br />

regulatory architecture alone would be insufficient to ensure the safety of the<br />

U.S. financial system if there were not important steps to ensure the global<br />

412 | Chapter 6

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