This is written for the normal posters here. In my years in the business, if you were acting with discretion in client accounts, that is buying and selling investments without consulting the client for permission, you were required to successfully completed Series 7, 65, and 66 exams. Such discretionary accounts are charged a fee based on assets under management, and typically 1-2%. An advisor could charge a commission that is cheaper over the short to long term that would be of significantly greater benefit to the client than a fee based account. That commission based account would be in the client’s best interest, and thus meet the fiduciary standard. On the other hand, a fee based financial advisor, could rarely make changes to client accounts, charge excessive fees, use underlying more expensive investments with additional layers of fees, and therefore not meet the fiduciary standard.
To meet regulatory standards of discretionary accounts there are best practices of disclosure, advice, monitoring, and supervision. At larger wire houses this is handled by a compliance department, at smaller firm the rigor and vigor of monitoring standards of behavior may be lacking. Even at larger firms the profit motive of larger fees can drive an advisor to take more risk to justify the fee. As Ken Fisher advertises “when you do better, we do better.”
As is typical, The Troll is more about spinning a narrative, than facts or how the process works in practice. In financial services like other areas of society, standards of behavior are varied, and with money involved, you can run into some of the worst characters. Fortunately it is a highly regulated business, but the fiduciary standard is just what it is. A fee for advice platform does not insure a fiduciary standard, nor does a commission charge eliminate or negate the obligation to act with a fiduciary standard.