Does your adviser act in the client’s best interest?
To verify an adviser’s fiduciary duty and disclosures, clients should carefully review formal documents, regulatory filings, and direct communications that spell out the adviser’s legal obligations, commitment to act in the client’s best interest, and full, specific disclosure of conflicts and compensation.
How to Verify Fiduciary Duty- Ask for Written Commitment: Directly ask the adviser for a written statement or contract confirming their fiduciary obligation to act in your best interest always, and their willingness to avoid or disclose any conflicts of interest.
- Check Regulatory Registration: Confirm that the adviser is registered with SEBI as an RIA, which legally mandates fiduciary duty and adherence to standardised disclosures
- Review Key Documents: Examine any engagement agreements, SEBI-required disclosure forms, and annual updates that outline adviser responsibilities. Clauses should reflect loyalty, transparency, and avoidance of self-dealing or unsuitable recommendations.
- Request Specific Disclosures: Seek detailed disclosure about fee models, any financial relationships with product providers, and exactly how recommendations are made and monitored.
- Monitor Conduct: Ensure the adviser does not mix advisory and distribution activities, and that compensation or incentives are only client-driven, not from product companies, which strengthens fiduciary duty.
- A clear declaration of fiduciary responsibility
- Disclosure of all material conflicts or relationships impacting advice.
- Explicit information about how the adviser is compensated and any fees, commissions, or sources of payment
- Request and read the adviser’s disclosure documents and written commitments.
- Confirm SEBI registration and fiduciary status via the official SEBI website.
- Insist on clear, specific language regarding adviser obligations and client rights in the advisory contract.
- Ask for regular updates to disclosure forms, especially when circumstances or compensation change.
In summary, clients should proactively request and review documentation, registration status, and specific disclosures to verify that advisers uphold fiduciary duty and provide transparent, conflict-free advice focused solely on client interests.
SEBI Registered Investment Advisers: What to expect from them?Clients should expect SEBI Registered Investment Advisers (RIAs) to provide professional, unbiased investment advice, detailed financial planning, and full transparency about risk and fees, but should not expect guarantees of returns, product commissions, or execution services like trading.
What to Expect- Personalised, Unbiased Advice: RIAs conduct thorough risk profiling, understand your financial objectives, and provide recommendations that match your needs without bias or conflict of interest.
- Comprehensive Financial Planning: The support extends beyond investment advice to include retirement, tax, and estate planning tailored specifically for each client.
- Transparent Communication & Fee Disclosure: All charges, risks, and potential conflicts are disclosed upfront and detailed in a formal agreement before any services begin.
- Regulatory Compliance: RIAs follow SEBI standards, code of conduct, and mandatory registration documents and are subject to regular audits, ensuring ongoing adherence to professional best practices.
- Legal Authority: Only SEBI RIAs can legally give investment advice in India for a fee; unregistered individuals are not permitted to offer these services
- Guaranteed Returns: RIAs do not and cannot promise specific returns, as investments carry inherent risks and market uncertainties.
- Commission Incentives: RIAs do not receive commissions from financial product providers, ensuring their advice is not influenced by product sales
- Execution Services: RIAs are not authorised to execute financial transactions like stocks unless separately licensed for distribution. Their role is purely advisory
- Mixing Fee Models: For each client, only one fee model is used per year—either fixed or AUA-based—not both.This is decided by both the RIA and the Clients mutually before client engagement
- Advice Outside Scope: RIAs must adhere to the services stated in their contract (typically investment and financial planning); advice on unrelated legal, tax, or insurance execution may not be provided unless specifically included or licensed.
In summary, SEBI RIAs empower investors with high-quality, transparent, and legally regulated advice, but cannot offer guaranteed outcomes, commissions, or direct execution services.
five comments
Very clear and helpful explanation of what SEBI Registered RIAs can and cannot do.
Excellent Article
Excellent One
Thank you for details .
Very good article!