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Best Interest Standard of Care for Advisors #63: Compliance with PTE 2020-02: Acknowledgement of Fiduciary Status | Faegre Drinker Biddle & Reath LLP

Best Interest Standard of Care for Advisors #63: Compliance with PTE 2020-02: Acknowledgement of Fiduciary Status | Faegre Drinker Biddle & Reath LLP
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DOL Advice Impacting Investment Advice Fiduciaries

Thursday, July 15, 2021 The US Department of Labor (DOL) recently issued guidance concerning a new exemption under the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA) in connection with the provision of investment advice. PTE 2020-02,  Improving Investment Advice for Workers & Retirees (the Exemption), became effective on February 16, 2021. On April 13, 2021, the DOL issued additional guidance, in FAQ format, to further explain the Exemption. IN DEPTH “Investment Advice Fiduciaries” are investment advisers, broker-dealers, banks and insurance companies and their employees, agents and representatives. The Exemption allows investment advice fiduciaries to receive compensation and to engage transactions that would otherwise violate the prohibited transaction provisions of ERISA and the Internal Revenue Code (the Code), so long as the requirements described below are met. The Exemption also provides the DOL’s interpr

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