Outside of Quebec, there are currently no restrictions, no educational prerequisites, and no licensing requirements for individuals calling themselves financial planners, or for businesses using "financial planning" in their name or services offered. As of July 2020, Ontario and Saskatchewan have introduced legislation to regulate financial planning titles, but the legislation has yet to be enacted.
Of course, the fiduciary advisor will have to meet the professional standards of prudence, loyalty and adequate asset diversification, as well as compliance with all ERISA regulations. The clients' best interests must always come first when making any recommendation, although possible benefits to the fiduciary advisor and/or the employer may also be considered, as long as they are subordinate to the needs of the employee.
A fiduciary advisor, by definition, is an advisor who is paid a retainer by an employer to advise employees on their retirement plan investments, as well as to provide a complete range of other products and services. Fiduciary advisors are not responsible for the entire company's retirement plan; they are only accountable for the advice which they give to employees on an individual basis.
Fiduciary duty is a legal responsibility to put the interests of another party before your own. If someone has a fiduciary duty to you, he or she must act solely in your financial interests. A fiduciary cannot, for example, recommend a strategy that doesn’t benefit you but instead provides a kickback. You can think of it like the doctor-patient relationship, where one party has a duty to provide the best care it can to the other party.
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