Over and over again we see advisers failing properly to identify and then address their conflicts, on the horizon, we expect to recommend a number of conflicts cases for enforcement action.

Julie Riewe

Categorized in : Money

Mutual fund advisers have a fiduciary duty to manage the conflict of interest associated with fund distribution, namely whether to use their own assets or to recommend to their fund's board to use the fund's assets to distribute shares, first Eagle breached that fiduciary duty by using the funds' assets rather than its own money to pay for distribution.

To fulfill their obligations as fiduciaries, and to avoid enforcement action, advisers must identify, and then address — through elimination or disclosure — those conflicts.