Fiduciary Defined

 


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Definition

A fiduciary is a person or organization that has a duty to another person to put that person's interests ahead of the fiduciary's own interests. A fiduciary has a duty to protect the others person's best interests.

Distinguishing Characteristics

It may help to distinguish a fiduciary's duty with that of another, more familiar relationship:

Merchant's Duty: Duty not to defraud. A merchant has a duty to provide an exchange for value free from fraud, but does not have a duty to put the interests of the customer above the merchant's own interests. A merchant can do or recommend what is best for the merchant, as long as there is no fraud involved.

Fiduciary's Duty: Duty to protect. A fiduciary has a duty to do what is in the client's best interest. This means not only providing a fair exchange, but the best action for the client, even if it is not in the fiduciary's own best interest.

Application in Finance and Investments

Broker: A broker is a merchant. A broker and its registered representatives have a duty to provide an exchange free from fraud but they do not have a duty to put the client's interests ahead of their own when making investment recommendations.

Investment Advisor: An investment advisor (RIA) and its representatives are fiduciaries. As such, they have a duty to put the client's interests ahead of their own when making investment recommendations or decisions.

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