HOUSE DOCKET, NO. 2647 FILED ON: 1/16/2015
HOUSE . . . . . . . . . . . . . . . No. 3248
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The Commonwealth of Massachusetts
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PRESENTED BY:
Thomas M. Stanley
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act limiting certain conflicts of interest for investment advisors and brokers.
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PETITION OF:
Name: | District/Address: | Date Added: |
Thomas M. Stanley | 9th Middlesex | 1/16/2015 |
John J. Lawn, Jr. | 10th Middlesex | 3/17/2015 |
HOUSE DOCKET, NO. 2647 FILED ON: 1/16/2015
HOUSE . . . . . . . . . . . . . . . No. 3248
By Mr. Stanley of Waltham, a petition (accompanied by bill, House, No. 3248) of Thomas M. Stanley and John J. Lawn, Jr., for legislation to prohibit certain conflicts of interest involving investment advisors or brokers. Financial Services. |
The Commonwealth of Massachusetts
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In the One Hundred and Eighty-Ninth General Court
(2015-2016)
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An Act limiting certain conflicts of interest for investment advisors and brokers.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Chapter 110A of the General Laws is hereby amended by adding the following 3 sections:-
Section 418. The secretary shall provide disclosure forms on which the registrant shall indicate whether he is acting as an investment advisor or a broker-dealer along with a brief description of what each role entails. The form shall be provided to a client at the start of the relationship or upon any change in status and shall be signed both by the client and the registrant.
Section 419. If a registrant is acting both as an investment advisor and as a broker-dealer, the registrant shall adhere to the fiduciary standard and at all times act in the best interests of the registrant's clients.
Section 420. Anyone registered as an investment advisor under this chapter shall not receive conflicted remuneration. For the purposes of this section, conflicted enumeration is defined as any benefit, whether monetary or non-monetary, given to a registrant who provides financial product advice to clients that, because of the nature of the benefit or the circumstances in which it is given: (i) could reasonably be expected to influence the choice of financial product recommended by the registrant; or (ii) could reasonably be expected to influence the financial product advice given to clients by the registrant.