AI Might Finally Level the Playing Field for Advisors, Brokers

Michael J. NathansonAdvisor Perspectives welcomes guest contributions. The views presented here do not necessarily represent those of Advisor Perspectives.

Artificial intelligence has begun to transform how financial advisors operate and, more importantly, how they serve and interact with clients. Clients already expect even better, faster, more comprehensive, and more personalized services from their AI-enabled human advisors.

Yet, while the advisory world is mainly focused on the myriad opportunities for operational and service enhancement, AI may have a less obvious but even more pervasive and important impact.

For decades, the broader wealth management industry has been meaningfully divided in ways that many – perhaps most – consumers of financial advice still do not understand, even in the face of voluminous disclosures, educational campaigns, industry advocacy, and regulatory action. AI may finally change that.

Not All Wealth Managers Are Alike

The term “wealth managers” covers a range of occupations for financial professionals, and there are key — though not always obvious — differences between them.

RIAs

Legally speaking, registered investment advisers — or RIAs — are directly registered with and regulated by the Securities and Exchange Commission or a comparable state regulator. They generally receive fees for providing investment advice and other services and are bound by the fiduciary standard of advice, requiring them to provide advice that is in the best interest of the client (the “duty of care”) and imposing on them a duty to mitigate their conflicts of interest (the “duty of loyalty”).

Brokers

In contrast to RIAs, brokers, who often work for some of the best-funded brand names in financial services, are not solely regulated by the government, are not providing investment advice in a primary role, and are not always bound by a client-first mandate. They are typically regulated by the Financial Industry Regulatory Authority, which is a self-regulatory organization mostly comprised of other brokers and overseen by the SEC.

They are similar to salespeople, and any “investment advice” they offer generally must be “solely incidental” to serving as a broker. While the standard of advice they must follow formerly allowed them to recommend investments as long as they were “suitable,” starting in 2020, they must follow Regulation Best Interest, or Reg BI, which requires them to act in a retail customer’s best interest when making a recommendation. However, Reg BI — which is an improvement over the old suitability standard and also requires conflict mitigation — is not in all respects a continuous standard like the fiduciary standard. It generally requires keeping the client’s best interests in mind at the moment a recommendation is made rather than across the entirety of the client relationship.