On March 30, 2007 the District of Columbia Court of Appeals ruled that the SEC exceeded its authority in adopting Rule 202(a)(11), commonly known as the "SEC Financial Planning Rule" which granted a disclosure exemption to brokers who provide investment advice that is incidental to their business but who are still paid a special fee for the advice.
The DC Court’s response is related to a lawsuit filed by the Financial Planning Assocation (FPA). The FPA has been a long time opponent of the SEC Financial Planning Rule since it was first proposed in 1999.
The SEC has yet to announce whether it will appeal the ruling, or whether it will propose new rules as a result of the court’s decision.
Financial Planning Association website
Press Reports
New York Times March 31, 2007
LA Times March 31, 2007
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