In this continuing education session, learners will review 2 Nerd’s Eye View blog articles: Why (Most) Advisors Shouldn’t Serve As Clients’ Trustees: Ethical Conflicts, Dual Fiduciary Duties, And The SEC Custody Rule and Why The SEC May No Longer Allow “Hedge Clauses” In Client Advisory Agreements (And How To Replace Them Compliantly).
In the first article, Ben Henry-Moreland examines why financial advisors should generally avoid serving as trustees for their clients' trusts due to conflicts of interest, competing fiduciary obligations, regulatory custody requirements, and potential legal liability. It also explores the circumstances under which advisors may choose to offer professional trustee services, as well as the infrastructure, compliance procedures, and risk-management practices required to do so successfully.
In the second article, Isaac Mamaysky explains why the SEC has intensified its scrutiny of hedge clauses in Investment Management Agreements (IMAs), arguing that such provisions may mislead clients and conflict with an adviser’s fiduciary duty under the Investment Advisers Act. It outlines recent enforcement actions, provides guidance for identifying problematic hedge-clause language, and offers compliant alternatives that limit liability by clearly defining the scope of the advisory relationship rather than attempting to waive client rights.