Fee-based Brokerage Accounts
(Rule 202(a)(11)-1)

Last Updated: August 14, 2008

LATEST UPDATES:

SIFMA Members may have recently received a request from researchers at the RAND Corporation for assistance in a research study that they are conducting on behalf of the SEC. They are collecting business documents from firms in order to help the SEC better understand the current state of the financial services industry. RAND has indicated that your cooperation will help our industry be properly represented in this study. An FAQ regarding the study is available here (pdf) - June 2007

Overview:
On March 30, 2007, the U.S. Court of Appeals for the D.C. Circuit found the Securities and Exchange Commission (SEC) had exceeded its authority by promulgating Rule 202(a)(11)-1, which exempts broker-dealers offering fee-based brokerage accounts from registering as advisers.

On September 28, 2007, SEC filed with the Federal Register an Interim Final Temporary Rule which took effect on September 30, 2007 and will expire on December 31, 2009. This temporary rule was put in place to facilitate investors' ability to choose between a fee-based account or a commission-based brokerage account. On September 28, 2007, the SEC also published in the Federal Register a Proposed Interpretive Rule Under the Advisers Act Affecting Broker-Dealers.

Position:
SIFMA believes fee-based accounts provide investors with the critical element of investor choice. SIFMA further believes fee-based brokerage accounts are not the type of services the Investment Advisers Act was intended to address, given the extensive regulation and supervision broker-dealers are already subject to under the Securities Exchange Act of 1934 and SRO rules, among others.

Status:
SIFMA continues to work with member firms and the SEC to address the Court’s ruling and its aftermath. .

More Information

Fee-Based Accounts Resources

- Position Paper Private/Member Only Area

- Legislative Timeline
- Press Releases
- Related Links

Latest Update
SEC to Provide Principal Trading Relief
After extensive discussion with SIFMA, the SEC adopted an interim final rule, effective September 30, 2007, that would provide limited relief from the principal trading restrictions of the Investment Advisers Act for non-discretionary advisory accounts. View Outline of Interim Rule