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Standards of Practice

(as amended February 28, 2006)

 

Since its founding in 1937, the Investment Adviser Association (formerly the Investment Counsel Association of America) has prescribed certain principles of conduct for investment advisers. Over the years, many of these principles have been used by Congress and the Securities and Exchange Commission as the basis for legislation and regulations governing the conduct of investment advisers and by the United States  Supreme Court in defining the standards of fiduciary conduct applicable to all investment advisers.

The investment advisory profession has evolved and changed considerably since 1937. Today, the nature, size, and other characteristics of investment adviser firms – and the services they provide to a wide range of individual and institutional clients – vary significantly. In addition, the legal, regulatory and compliance requirements that relate to investment advisers have dramatically expanded in scope and complexity. Accordingly, the Association’s Standards of Practice reflect changes that have occurred while continuing to emphasize an investment adviser’s core fiduciary duty.

I. Fiduciary Duty and Professional Responsibility

    An investment adviser stands in a special relationship of trust and confidence with, and therefore is a fiduciary to, its clients. As a fiduciary, an investment adviser has an affirmative duty of care, loyalty, honesty, and good faith to act in the best interests of its clients. The parameters of an investment adviser’s duty depend on the scope of the advisory relationship and generally include:

    (1) the duty at all times to place the interests of clients first;
    (2) the duty to have a reasonable basis for its investment advice;
    (3) the duty to seek best execution for client securities transactions where the adviser directs such transactions;
    (4) the duty to make investment decisions consistent with any mutually agreed upon client objectives, strategies, policies, guidelines, and restrictions;
    (5) the duty to treat clients fairly;
    (6) the duty to make full and fair disclosure to clients of all material facts about the advisory relationship, particularly regarding conflicts of interest; and
    (7) the duty to respect the confidentiality of client information.

II. Professional Qualifications

    To enable an investment advisory firm to serve its clientele effectively, its investment and managerial personnel should be individuals of experience, ability, competence, and integrity.

III. Responsible and Ethical Business Practices

    An investment adviser should run its business responsibly and ethically, including ensuring that its financial condition, operations, and compliance structure are appropriate to protect its clients’ interests.

IV. Compensation for Services

    The compensation of an investment adviser for investment advisory services should be fair, reasonable, and fully disclosed to the client.

V. Communications with Clients and the Public

    An investment adviser’s oral and written statements, including those made to clients, prospective clients, their representatives, or the media, must be accurate, balanced, and not misleading.

    INVESTMENT ADVISER ASSOCIATION
    MISSION STATEMENT
    (as amended February 28, 2006)

The purposes of the Association are:

To promote high standards of integrity, public responsibility, and competence in the investment advisory profession.

To provide effective, quality representation of the investment advisory profession at all levels of government with respect to the development, formulation, and enactment of legislation, rules, and regulations relating to investment advisers.

To provide benefits, services, and products that assist and add value to member firms in their course of doing business.

 

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