Advice vs opinion: legal boundaries in portfolio assistance?

Steps 1, 2 and 3 are not a problem.

It's only with step 4 that you get into licensing issues.

If you charge a fee to advise her to buy a particular investment product, whether it's US treasury bonds, index funds, or corn futures, then you are probably in violation if you are not licensed.

Suppose you are not charging a fee, and you just give her some friendly, generic advice, like, for example, "Well, if you want to invest in something where there is no risk to the principal, you can just buy US government bonds." That's probably okay, but then she says, "Okay, can you show me how to do that?"

So you help her open an online account at Schwab or eTrade. At this point I don't think there's a violation. But if you start to show her how to buy bonds, she's going to ask you which bonds she should buy. And even if you just help her choose the maturities, you are now giving financial advice. If you are not charging, it might be okay, but you're right on the edge.

Just because you are not charging a fee does not mean you are not in violation.

If you show her how to select bonds, and let her choose the maturities, based on when she thinks she will need the money, and you are not charging a fee, that might be okay.

But what if she says, "Well, what if something unexpected comes up, and I need the money before the maturity date?"

Now you find yourself explaining that she can sell the bonds, but may take a loss on principal, because bond prices la la la la la la la la la la...

and you have probably crossed into the realm of financial advice.

With all that being said, if you do not charge a fee, and you only do this for a couple people in your life, I think it is very unlikely that you would ever come up on the radar of a regulatory agency.

The only way you would become the subject of an investigation is if someone else finds out what you are doing for her, and they think you are exploiting her, or just giving her really bad advice, and they file a complaint...
Thanks, this was a good explanation.
 
The issue I have is that it sounds like you are not giving her well-rounded advice. There's no simple solution that works for each person. Based on her age, her net worth, rick profile, what she plans to do with remaining years, SS income, other income, inheritances, liquidity profile, etc., you would need to give her well rounded advice for all of her options. Maybe risk free rates is good for her if a 15%-25% drop will be life changing and has liquidity issues and perhaps is risk adverse. It's not necessarily the answer for everyone.

So my thought would be to give her all of her options, lay out all aspects of what she should be thinking about, and then let her know how she can open an account on her own and you will assist her with pairing ETFs (she can buy them). You could charge her for say pairing ETFs and showing that they will provide the risk profile she is looking for, but that's only a couple hundred bucks, so as someone said, probably don't charge her.

I am just a little worried that you are not providing her all of the options and why she would choose A verse B.
 
The issue I have is that it sounds like you are not giving her well-rounded advice. There's no simple solution that works for each person. Based on her age, her net worth, rick profile, what she plans to do with remaining years, SS income, other income, inheritances, liquidity profile, etc., you would need to give her well rounded advice for all of her options. Maybe risk free rates is good for her if a 15%-25% drop will be life changing and has liquidity issues and perhaps is risk adverse. It's not necessarily the answer for everyone.

So my thought would be to give her all of her options, lay out all aspects of what she should be thinking about, and then let her know how she can open an account on her own and you will assist her with pairing ETFs (she can buy them). You could charge her for say pairing ETFs and showing that they will provide the risk profile she is looking for, but that's only a couple hundred bucks, so as someone said, probably don't charge her.

I am just a little worried that you are not providing her all of the options and why she would choose A verse B.
Yeah I agree… but her big problem right now is dealing with this broker.

I think that getting her into a more reputable brokerage house is a reasonable first step.
 
Yeah I agree… but her big problem right now is dealing with this broker.

I think that getting her into a more reputable brokerage house is a reasonable first step.

Have you considered that she may have relatives and/or heirs? Do you really want to be answering to them in the future if (when!) your suggestions go south and you aren't licensed?

Not at all worth the risk. Walk away.
 
Have you considered that she may have relatives and/or heirs? Do you really want to be answering to them in the future if (when!) your suggestions go south and you aren't licensed?

Not at all worth the risk. Walk away.
Thank you! I never would have thought of that.

@lindq yet another added to my “hot stock tip” list.
 
A friend asked me to review her portfolio, and her broker is really giving her the run-around. She's got funds on her books that are making no money--but she's still being hit with a sizeable maintenance fee. Speaking of fees, they're hitting her with other generous fees. She's got old equities that are no longer listed--but her broker/dealer won't let her take them out of her portfolio--they keep dodging her. They've got a lot of her money sitting in ca$h...
If this was my friend and they asked, or brought up any dissatisfaction they had with their situation, I would offer to help them for free. Mostly because they’re my friend and because I hate to see brokers ripping off people with high fees or bad investment products when, for example cheaper ETFs or lower fee brokerages, are available at a fraction of the cost.

As for payment, if they wanted to give me a nice Christmas gift or a big check at the end of the year I wouldn’t say no but there would be no expectation. After all that’s the kind of thing friends sometimes do for each other.

As a practical matter, the regulators rarely get involved in small situations like this. It’s one thing if you’re running a whole business advising people full time, bringing in lots of income, and don’t have the right tests and registrations. It’s quite another thing to do a little small, one off advice when no one involved is going to complain.
 
I never get involved with other people's money. To me, it is literally no different than fixing someone's computer.

Whatever they are going to pay you is not going to be worth the headache. I wouldn't want the headache of being a financial advisor or computer tech professionaly and at scale so they are both even worse as a one off.
 
If this was my friend and they asked, or brought up any dissatisfaction they had with their situation, I would offer to help them for free. Mostly because they’re my friend and because I hate to see brokers ripping off people with high fees or bad investment products when, for example cheaper ETFs or lower fee brokerages, are available at a fraction of the cost.

As for payment, if they wanted to give me a nice Christmas gift or a big check at the end of the year I wouldn’t say no but there would be no expectation. After all that’s the kind of thing friends sometimes do for each other.

As a practical matter, the regulators rarely get involved in small situations like this. It’s one thing if you’re running a whole business advising people full time, bringing in lots of income, and don’t have the right tests and registrations. It’s quite another thing to do a little small, one off advice when no one involved is going to complain.

It's problematic when he starts peddling one of his themes like put everything in GICs. If you follow OPs content he's been jumping from theme to theme often chasing late cycle without doing proper research. That's ok if it's his money.
 
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