Securities Blog

Communication is a Two-Way Street

29 October 2018

By Ellen Bessner

In my many years as a litigation lawyer, I have seen so many distressed advisors spend countless hours fighting in court over client losses. Sometimes, the complaints were due to the advisor misunderstanding the client’s risk profile and sometimes it was because the client was misleading the advisor. But whatever the surface cause, the root cause is the same: the failure of both parties to properly understand and communicate.

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More is Less For Your Client

1 October 2018

By Ellen Bessner

Too much information can be confusing and unhelpful in helping clients understand their account statements, the products you offer and their own financial plans, but regulators and investor advocates seem to believe the opposite.

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Steer Clear of Conflicts of Interest

4 September 2018

By Ellen Bessner

As advisors are under constant pressure to grow their businesses, they’re often not attuned to decisions that place them into potential, perceived or actual conflicts of interest that could end their careers.

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How to Adhere to the Regulations Without Reading Them All

7 August 2018

By Ellen Bessner

Given that I provide legal advice to the investment industry, a big part of my job is to keep on top of and know all the big changes that the regulators announce on a timely basis. To do that, I read the web feeds from both of the industry’s self-regulatory organizations (SROs) — the Investment Industry Regulatory Organization of Canada and the Mutual Fund Dealers Association of Canada — and the Ontario Securities Commission, as well as Investment Executive’s newsletters, every day.

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What's Age Got To Do With It?

9 July 2018

By Ellen Bessner

Although there may be clients who fit into a mold based on their age, don’t make assumptions when meeting clients. Instead, explore facts surrounding the clients. Who are they? What are their values? What are their immediate, intermediate and long-term needs and goals?

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New Enforcement Powers Have Major Implications for Some Advisors

11 June 2018

By Ellen Bessner

Several provinces have amended their securities laws to permit the Mutual Fund Dealers Association of Canada and the Investment Industry Regulatory Organization of Canada (the investment industry’s self-regulatory organizations [SROs]) to collect their fines in court. This will have serious implications for advisors who have left the industry following a significant infraction.

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How to Reduce Your Business Risk Substantially

14 May 2018

By Ellen Bessner

Running a financial advisory practice is no easy task.  There are significant, inherent risks when you’re in this business, but there are two steps you can take to reduce these risks substantially. You need to:

  1. Educate yourself about these risks.
  2. Monitor yourself for any possible infractions.

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Regulators Need Improvement

16 April 2018

By Ellen Bessner

The results of Investment Executive’s annual Regulators’ Report Card reveal that, except for a few exceptions, compliance officers and company executives in Canada’s investment industry have a bleak view of the regulators that oversee their businesses.

 

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You Acquired a Book of Business. What Now?

15 March 2018

By Ellen Bessner

Most advisors acquire books of business from other advisors without having had the opportunity to review the quality and the risks arising out of the book. So, what should you do, and in what order, to minimize those risks?

 

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Legal Help is Critical in Regulatory Interview Process

16 February 2018

By Ellen Bessner

Although many advisors are tempted to attend regulatory interviews without legal representation, this is a big mistake they would be wise to reconsider.

 

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