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Month: September 2015

The new fiduciary rule – Washington has your best interest on this one… no, REALLY.

The new fiduciary rule – Washington has your best interest on this one… no, REALLY.

As an employer offering a 401k plan, there is a battle going on in Washington that you should know about. Plan advisors, such as Minich MacGregor, have been hearing about it, reading about it and studying it for more than a year now. If you ask advisors which side of the battle they are on, you might be surprised at how divided a field it is. The battle is over the new fiduciary rule governing the actions of the advisor or broker for your 401k plan.

What has been poorly communicated to employers, in our opinion, is why this issue should be important to you and other plan providers. Here is the basic, albeit slightly oversimplified, reason this is a big deal and why it should be to you:

Best Interest vs. Suitability

A fiduciary is defined on legal-dictionary.com as:

An individual in whom another has placed the utmost trust and confidence to manage and protect property or money. The relationship wherein one person has an obligation to act for another’s benefit. Click for full text.

An advisor acting as a fiduciary is legally obligated to act solely in the best interest of their client. A fundamental part of being a fiduciary is removing as many conflicts of interest as you can, and fully disclosing those that are inherent. In most cases advisors that are compensated on commission, commonly called brokers or reps, do not, cannot or will not sign on as fiduciaries to their clients. The standard that they are legally held to is called suitability. It is a significantly looser standard that only requires them to sell products and services that are suitable for their clients.

An example:

If a client is looking for a mutual fund or ETF in their portfolio that holds large US company stocks, there are literally hundreds of products out there that reasonably fit that description.  A broker could sell the client a fund in the U.S. large-cap category which is a poor performer, with high internal expenses which pays the broker a higher commission than better performing, less expensive choices and still be well within the definition of suitability. An advisor acting in a fiduciary capacity would have to ensure the recommended fund is in the client’s best interest first; how much compensation is in it for the advisor has nothing to do with the fund being good for the client.

 We are not suggesting that all brokers out there are making 401k recommendations solely on how much is in it for them. However, given that it is the way they often get compensated, the amount of commission a fund will pay them naturally has to be part of their equation. They are not doing it for free and neither is an advisor working as a fiduciary.  The difference is the fiduciary advisor typically gets paid on a fee basis that is revenue neutral; or to put it another way, the compensation they receive is not affected by the selection of one product, brand or solution over another. This removes the issue of compensation as a potential conflict of interest.

How is Washington on my side?

The new rule will ensure all 401k plan advisors, including brokers, are held to a fiduciary standard with respect to the plans they work with. Clearly this would upset the apple cart for huge numbers of brokers out there, many of whom will not be able to make that commitment because of the parent company or broker-dealer they work for. The DOL has essentially maintained, under intense lobbying pressure, that having 401k plan advisors acting solely in the best interest of their 401k clients is going to be non-negotiable. In short, we believe there are some substantial changes on the horizon for advisors and brokers who are working under the current “suitability” guidelines.

For those of us who are already working in a fiduciary capacity to the employers and participants we work with, this all seems a bit self-evident.  It serves as reinforcement to what we have believed all along – acting in our clients’ best interest and putting their needs before our own is in everyone’s best interest.

 

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Identity Theft – is your financial security at risk?

In the past, we have occasionally sent information to our clients on ways to protect their finances from crooks and criminals. Many people have told us how much they appreciated it, so we thought it might be a good idea to delve even deeper into the topic of financial security. After all, protecting what you have is important no matter who you are.

Let’s start with the Big One: Identity theft.

Many things have changed over the last couple of decades; some things for the better, others for the worse. Credit and debit cards have made it easier to pay for your purchases, but they’ve also made it easier for hackers and con artists to get the information they need to steal your identity. This is especially true when paying for goods and services over the internet.

The scariest thing? Most people don’t know they’re a target until it’s too late.

Fortunately, there are steps you can take to protect your identity. The first step is to recognize the most important tools you have to combat identity theft.

Awareness and Knowledge

Identity thieves target many different types of people, but the older you get, and the closer you are to retirement, the higher up their list you go. Why? Because older adults frequently have access to cash they’ve been saving up for their entire lives. Many older adults also have great credit that they’ve been building up over a long period of time. Additionally, some people value their independence so much they are hesitant to report that their finances or identity have been compromised, fearing their relatives will think they can’t handle things on their own.

So how can you protect yourself and your loved ones? Here are some other steps you can take:

  • ŸDo not publish the date of birth and death in obituaries. Dishonest people can use that information to obtain a death certificate, which usually includes the social security number for the deceased individual.
  • Don’t make impulsive decisions based on fear. If you receive an email or phone call stating that it’s from your bank or the government, and that you’re in trouble, look into it before providing the sender with any personal information. Typically, the government will not contact you by email or phone. They will contact you by mail. Your bank will never ask you to provide information through email either. If you’re concerned about the credibility of a call or email from your bank, contact the nearest branch and ask them.
  • If someone contacts you saying they’re a relative in trouble and need your help, ask them something that only your relative would know. Or ask a trick question that reveals they’re lying, such as “How’s your dog Scruffy? Did he get better?” when you know that relative doesn’t have a dog. If they say “Oh he’s doing much better,” then you know they’re a fraud and you should immediately hang up.
  • Keep all personal documents in a safe place. Don’t carry them around with you, especially not your Social Security card.
  • Don’t open emails from senders you don’t recognize. These can be disguised as special offers for things such as “weight loss,” miracle cures for different ailments, or products at unbelievably low prices. Scammers keep coming up with new subjects to hook you.

These are just a few things that can help you avoid becoming a victim of finance or identity fraud. Also, there are companies that can help you stay protected and informed. Here’s a link to a site that lists the top rated companies that can help to defend your identity: www.top10identitytheftprotection.com.

We hope you found this information valuable. Feel free to share it with your loved ones so they may stay informed as well.

Above all, don’t become a victim! Take a proactive approach to protect yourself, your family, and your retirement.

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The Federal Reserve Meeting and Intermediate Indicators

The Federal Reserve Meeting and Intermediate Indicators

The Federal Reserve’s much-anticipated September meeting took place last week. The hype and lead up to the meeting was good material for the financial news networks. There was a wealth of speculation on what may or may not happen and what those hypotheticals might mean. Of course, as readers of this blog, you know this is nothing more than non-actionable guessing, otherwise known as “noise”.   Ultimately, what really matters is what actually occurred, which is… wait for it… nothing.

Nothing is something.

The Federal Reserve decided that inflation was not enough of an issue to raise interest rates at this point, so they did nothing.  The conscious decision to leave interest rates where they are will have its own impact on the markets.  Some advisors believe an indeterminate US Stock Market will sustain itself for a few months as a result of this decision.  Keep in mind, belief is nothing more than a guess.  In order to make a fair assessment of the effect the unchanged interest rates have on the market, we will have to wait to see what actually happens.

Indeterminate Market

What has not been determined quite yet is whether a true bottom has formed in the US Stock Market. We wrote last week about some of the indicators that we see reversing up. So far those indicators have held and we are seeing more intermediate indicators following suit. That said, the pattern that we need to see in order to be more comfortable with the idea that a bottom has actually formed, has not quite materialized.
But stay tuned – the financial media will surely provide some interesting entertainment over the next couple months before the next scheduled Federal Reserve meeting in December.
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Indicator? What indicator?

Indicator? What Indicator?

Last week, our Weekly Wire revealed that we were watching the US Stock Market closely to see if a bottom had indeed formed.  We mentioned that one of our less sensitive indicators had reversed up, however, we did not share the name of the indicator.  This prompted some great questions from our clients and blog readers.

 Alphabet Soup – BPNYSE

In the investing world we are often plagued by acronyms such as “NASDAQ”, National Association of Securities Dealers Automated Quotations, and initialisms like “NYSE”, New York Stock Exchange, and “S&P 500”, Standard and Poors 500 Index.  The list is seemingly endless.  We would like to add another one to your investing jargon repertoire: 

“BPNYSE” stands for the New York Stock Exchange Bullish Percent.  It is not a ticker symbol or index, rather it is an aggregate number illustrating the percentage of stocks on the NYSE that are on buy signals according to Point and Figure Charting – a system for measuring supply and demand of securities developed by Charles Dow in the early 1900s.

Despite the alphabet soup, the theory is actually rather simple.  A low percentage means fewer securities in the index are on buy signals and vice-versa.  When we say the indicator “reversed up” it means the percentage had been dropping or stagnate but it is now rising.  This gives a pretty good indicator of the overall health of the market.

Field Position

As football season is upon us, we’ll use a simple sports analogy here.  The plays called by a football coach will be determined by the team’s position on the field.  The plays used when the team is at the 10 yard line will be different from the plays used when they need to advance 80 yards to score.  Professional investment advisors will respond differently to a percentage reversal that occurs when the BPNYSE is at 30% verses when it is at 80%.

In fact, if you read up on the BPNYSE, the charts that indicate reversals and riskier points in the market look an awful lot like a gridiron chart that a football coach might use.

So what exactly happened last week?

Last week the BPNYSE was at around 24% and reversed up to a current point of about 30%. To put it in sports terms, if that trend sticks it would be like your team getting the ball well inside the 50-yard line (for non-football fans that means your team is doing pretty good.)

For more information on the BPNYSE click here for Investopedias™ explanation.

For some more background on Point and Figure Charting, this article is also helpful.

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Has the bottom formed in the US Stock Market?

Has the bottom formed in the US Stock Market?

For Tactical Asset Allocation to work you need to know when you have passed a market top or a market bottom. The theory is simple enough: Sell after a top has formed so you don’t ride the market to the bottom, and buy after a bottom has formed so you can take advantage of the upside as much as is reasonably possible. Notice that we say after a top or bottom has formed, because selling at the exact peak of the market or buying at the absolute lowest point is impossible without relying on a lot of guesswork and luck.

Tactical Asset Allocation is a more reliable strategy because it employs both a sell discipline and a buy discipline. Currently, we are watching our indicators to see if a bottom has formed after the market volatility in August. We are looking for a market bottom to determine if the time is right to put a percentage of capital back into the market after we took a defensive position a few weeks back in a number of our portfolio models.

So the question is: How do you know a bottom has actually formed?

The answer is that you cannot know 100% for sure; however, you have the best likelihood of success by using unbiased data and multiple indicators that range in sensitivity. Point and figure charting and relative strength rankings are two of the resources we use to obtain unbiased data. They report what is not what might be.

Indicators are often patterns that form within that unbiased data. Some patterns indicate a positive or negative trend very early, however they also tend to reverse back and forth more often. Other indicators take a much longer time to change position. If you act on the very early indicators it is fairly likely that you will be consistently whipsawed, ending up zigging when you should be zagging. If you wait to act only on the long-term indicators, you may miss out on a significant portion of the upside, or ride the downside farther down than you would have liked too. So we use an array of indicators so that we can see the trend as it forms. This is why Tactical Asset Allocation is sometimes referred to as “trend investing.” The goal is to find a happy medium between reacting to soon and responding too late.

Our early indicators are showing that a bottom could be forming in the US Stock Market right now. We have even seen the first of our medium-term indicators reverse back up. Is it a trend? Maybe. It might be a bit too soon to tell, but we are watching closely. Either way we have a plan so we know what our response will be either way.

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