Stock broker fiduciary duty

Author: Guitaristka On: 25.06.2017

A fiduciary duty is best thought of as a set of legal responsibilities placed on a person or entity that is in an especially powerful position. Unfortunately, all too often, stockbrokers violate their fiduciary duties to their customers. Here, our experienced investment fraud attorneys discuss broker fiduciary duty along with some examples of the most common violations and how they look in practice.

The Fiduciary Duty Standard For Stock Brokers: Signs Of Life! | Zamansky LLC

A fiduciary duty is the highest possible standard of care that is imposed under American law. For stockbrokers, their fiduciary responsibilities stem from the Investment Advisers Act of This legislation places a very high level responsibility on brokers.

The reason that the legal duty is heightened is because customers are inherently forced to place a tremendous amount of trust in stockbrokers. This trust is required for many reasons, not the least of which is that brokers have access to very sensitive client information.

stock broker fiduciary duty

Beyond being placed in a privileged position, stockbrokers also operate in a highly technical, notoriously complex industry. Investing is more complicated than it has ever been.

The industry is so complicated that investors have almost no choice but to put some level of faith in the guidance of their broker. There is no doubt that stockbrokers have a right to charge a fair price for their services.

stock broker fiduciary duty

If a broker charges excessive or unfairly hidden fees, the broker has breached their duty to act in good faith and requirement for fair dealing. Another common broker breach of fiduciary duty relates to disclosure of material information.

Stockbrokers must always disclose all material information to their clients. Indeed, brokers cannot hide documents or information for any reasons.

Regardless, concealing material information is a breach of fiduciary duties. This stock market windfall profits taxes of loyalty is one key aspect of their overall fiduciary duties. What this means in practice is that brokers must go out of spread forex metal way to avoid any actual or potential conflicts of interests.

The simple fact is that when a conflict of interests exists, a customer can not reasonably rely on their advisor to act in good faith. For example, if 9to9 forex stockbroker is being paid to recommended an investment, then their customers would not be able to truly rely on that advice; here, the conflicting interests make the financial recommendation suspect.

Finally, stockbrokers have a fiduciary duty to provide their clients with competent advice. The failure to provide quality advice is a form of negligence. Broker stock broker fiduciary duty can come in many different forms. For example, your broker may be negligent if they push you into unsuitable investmentsor if they fail to properly diversify your portfolio.

To be clear, broker negligence and broker breach of fiduciary duty do not require intentional misconduct. Nor do they stock broker fiduciary duty a broker trying to gain some type of personal benefit.

Breach of Fiduciary Duty :: Stockbroker Negligence Lawyer Fitapelli | Kurta

To prove a breach of fiduciary duty based on the theory of negligence, a client must simply establish that they received advice that falls below the quality that is required by industry standards. At the Sonn Law Group, our stockbroker fraud attorneys have helped many victims recover fair compensation for their losses. To learn more about what we can do for you, please contact our team today.

Initial legal consultations are free of charge, and we take all investment fraud claims on a contingency fee basis. Contact our office today to discuss your case.

You can reach us by phone at or via e-mail.

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To send us an e-mail, simply complete and submit the online form below. He was direct and asked all the questions that were relevant and provided me with very thoughtful feedback and some useful contacts.

His demeanor was professional and pleasant and I would not hesitate to use him in future matters. The stockbroker and investment fraud lawyers at Sonn Law Group dedicate their entire practice to protecting the interests of investors who have lost money as a result of the negligent or wrongful conduct of those entrusted with protecting and growing our money.

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