DEUTSCH & LIPNER
Regulators
Release New Report to Assist Financial Services Firms in Serving Older
Investors
FOR IMMEDIATE RELEASE
2008-220
Washington, D.C., Sept. 22, 2008
— As part of the Securities and Exchange Commission's third annual
Seniors Summit held in Washington today, the staff of the SEC along with
the Financial Industry Regulatory Authority (FINRA) and the North
American Securities Administrators Association (NASAA) released a joint
report outlining practices that financial services firms can use to
strengthen their policies and procedures for serving older investors as
they approach and enter retirement.
Projections show that nearly one in
every six Americans will be age 65 or older by the year 2020. Given the
increasing number of investors who need advice and guidance, financial
services firms are actively developing new products and increasingly
providing financial advice and services to senior investors. The SEC,
FINRA, and NASAA view the protection of senior investors as a top
priority.
The regulators' joint report —
Protecting Senior Investors:
Compliance, Supervisory and Other Practices Used by Financial Services
Firms in Serving Investors — provides practical examples
of proactive steps being taken financial services firms in serving
senior investors.
SEC Chairman Christopher Cox said,
"Today's market turmoil affects senior investors very directly, because
for them, investing for the longer term isn't an option. They and the
more than 76 million baby boomers will directly benefit from this report
on developing high standards for firms' interactions with senior
investors."
NASAA President Fred Joseph said, "The
practices outlined in this report, combined with strong regulation,
effective industry compliance and supervision, and increased investor
awareness, help ensure that the financial needs of our growing senior
population are being met by brokers, investment advisers and others in
the financial services industry. We appreciate the efforts of those in
the industry who shared their successful programs with us and we look
forward to continue working with the SEC, FINRA, and the financial
services industry in the fight against senior investment fraud."
FINRA CEO Mary Schapiro said, "FINRA is
working closely with firms to make sure they treat seniors properly and
educate brokers how best to interact with this growing segment of the
investor population. The Joint Report will prove to be a valuable
resource to financial services professionals as they struggle with the
range of issues associated with an aging customer base — and it is my
belief that this report will help make the securities industry a leader
among industries when it comes to developing guidelines to serve senior
customers."
The regulators' joint report summarizes
firms' practices in the following areas:
 | Getting started: how firms are thinking of ways to remodel their
supervisory and compliance structures to
meet the changing needs of
senior investors. |
 | Communicating effectively with senior investors.
|
 | Training and educating firm employees on senior-specific issues
(such as how to identify signs of diminished
capacity and elder
abuse). |
 | Establishing an internal process for escalating issues and
taking next steps. |
 | Encouraging investors of all ages to prepare for the future.
|
 | Advertising and marketing to senior investors.
|
 | Obtaining information at account opening.
|
 | Ensuring the appropriateness of investments.
|
 | Conducting senior-focused supervision, surveillance and
compliance reviews. |
By sharing this information, regulators
hope to provide practical examples to assist firms in ensuring that they
work with senior investors in an ethical, respectful and informed
manner.
The SEC's
Seniors Summit also includes discussions about how securities firms and
professionals can detect signs of diminishing capacity of a senior
investor and what steps to take; what will get securities professionals
into trouble with regulators and enforcement officials; and new
surveillance techniques to make sure firms are in compliance with the
law.
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http://www.sec.gov/news/press/2008/2008-220.htm