SEC considers whether to increase oversight of model portfolio, index, pricing service providers

SEC considers whether to increase oversight of model portfolio, index, pricing service providers
The agency has released a request for public comment to assess whether they're offering investment advice rather than just information and should be regulated as advisers.
JUN 21, 2022

Financial advisers often use model portfolios and index investments. The SEC is assessing whether providers of those products should be regulated as investment advisers themselves.

The Securities and Exchange Commission released a request for public comment on June 15 that seeks information and input about the activities of “information providers,” such as those who develop and sell model portfolios and indexes, and offer pricing services.

“The role of these information providers in today's markets raises important questions under the securities laws as to if they are providing investment advice rather than merely information,” SEC Chairman Gary Gensler said in a statement. “In order to help the Commission determine when — and under what facts and circumstances — these providers are giving investment advice, the Commission seeks information and public comment to help guide our approach.”

If index funds or model portfolios are driving investment decisions in certain directions and are in effect serving the same purpose as an adviser, then the SEC is considering whether to require them to register as investment advisers or investment companies, or take other actions that would increase oversight of them.

Gensler pointed to the example of funds that track indexes, which have more than $10 trillion in assets under management. They’ve become “increasingly influential” as they've grown in size and scope, he said.

“Thus, an index provider’s decision to include a particular security in an index often influences users of the index to purchase or sell securities,” Gensler said in a statement. “This raises questions about whether the index provider is providing investment advice.”

When advisers utilize model portfolios, it can cause confusion for clients regarding fees, services and conflicts of interest, the SEC said.

“For example, clients may be unsure which services are being performed by a model portfolio provider and which are being performed by the adviser, as well as by whom they are owed a fiduciary duty,” the SEC comment request states. “This uncertainty may be increased where, for example, the client-facing adviser seeks to disclaim or limit its fiduciary duty or any other duty when implementing a model provided by a third-party model portfolio provider.”

The public comment period will be open for 60 days following its posting on the SEC website or 30 days following its publication in the Federal Register, whichever is longer, the SEC said.

Latest News

Former Wells Fargo exec Brendan Krebs emerges at PNC
Former Wells Fargo exec Brendan Krebs emerges at PNC

The 25-year industry veteran previously in charge of the Wall Street bank's advisor recruitment efforts is now fulfilling a similar role at a rival firm.

Trio of advisors switch for 'Happier' times at LPL Financial
Trio of advisors switch for 'Happier' times at LPL Financial

Former Northwestern Mutual advisors join firm for independence.

Indie $8B RIA adds further leadership talent amid growth drive
Indie $8B RIA adds further leadership talent amid growth drive

Executives from LPL Financial, Cresset Partners hired for key roles.

Stock volatility remained low despite risk events
Stock volatility remained low despite risk events

Geopolitical tension has been managed well by the markets.

Fed minutes to provide signals on rate cuts
Fed minutes to provide signals on rate cuts

December cut is still a possiblity.

SPONSORED The future of prospecting: Say goodbye to cold calls and hello to smart connections

Streamline your outreach with Aidentified's AI-driven solutions

SPONSORED A bumpy start to autumn but more positives ahead

This season’s market volatility: Positioning for rate relief, income growth and the AI rebound