Working With Legacy Investment Positions, With Rich Chen
Advisors who manage total portfolios around inherited stock or large employer positions may face legal, regulatory and fee-setting questions when clients decline to sell. The episode focuses on documentation, client expectations and examination readiness around those constraints.
Summary
By the markets & outlook deskThe episode features Rich Chen of Brightstar Law Group discussing the fiduciary and compliance challenges advisors face when clients hold legacy investment positions they do not want to sell. It covers why simply accepting a client's decision may not be sufficient, how mismatched advisor-client expectations can create legal and regulatory risk, and what duty of care and loyalty mean when working around client-imposed investment restrictions. It also addresses documenting those discussions, reassessing concentrated positions over time, preparing for SEC examinations, and options for charging fees on legacy positions.
- Simply accepting a client's decision not to sell a legacy position may not be sufficient for advisors.
- Mismatched expectations between advisor and client can create legal and regulatory risk.
- Concentrated positions need to be reassessed over time.
- Advisors should be prepared to explain their approach during an SEC examination.
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