General

Fiduciary

A fiduciary is a person or organization legally obligated to act in the best interest of another party, putting the client's interests ahead of their own.

💡

Exam Tip

Fiduciary = BEST interest. Suitability = suitable interest. Fiduciary is higher standard.

What is a Fiduciary?

A fiduciary has a legal and ethical obligation to act in the best interest of another person. This is the highest standard of care in financial services.

Fiduciary Duty Components

DutyRequirement
LoyaltyPut client's interests first
CareAct with skill and diligence
DisclosureReveal all conflicts of interest
Good FaithBe honest and fair
PrudenceMake reasonable decisions

Fiduciary vs. Suitability

StandardWhoRequirement
FiduciaryRIAs, CFPsMust act in client's BEST interest
SuitabilityBroker-dealersMust recommend SUITABLE products
Best InterestB-Ds (Reg BI)Enhanced suitability, disclose conflicts

Who Are Fiduciaries?

  • Registered Investment Advisers (RIAs)
  • CFP® professionals
  • Trustees
  • Attorneys (for their clients)
  • CPAs (in advisory capacity)

Common Fiduciary Violations

  • Self-dealing (using client funds for personal benefit)
  • Excessive fees without disclosure
  • Recommending products for higher commissions
  • Failing to disclose conflicts of interest

Study This Term In

Related Terms