Ethics & Professional Standards

Best Interest Standard

The obligation under Reg BI for broker-dealers to put customers' interests first when making recommendations.

SIES7S65S66

The best interest standard is the conduct standard established by Regulation Best Interest (Reg BI), effective June 30, 2020, that requires broker-dealers to act in the best interest of retail customers when making recommendations about securities or investment strategies.

How it differs from suitability: - Suitability: Was the recommendation appropriate for the customer? (The broker could choose the product most profitable for themselves as long as it met the customer's needs.) - Best interest: Does the recommendation genuinely serve the customer's interests best? Brokers must consider costs and available alternatives; cannot let their own financial interests drive the recommendation.

Four obligations of Reg BI (summary): 1. Disclosure — disclose material facts, conflicts, and the nature of the relationship. 2. Care — exercise reasonable diligence, care, and skill; have a reasonable basis that the recommendation is in the customer's best interest. 3. Conflict of interest mitigation — identify and manage conflicts; cannot recommend products that pay the broker more just because they pay more. 4. Compliance — policies and procedures to achieve Reg BI compliance.

Best interest ≠ fiduciary: - Reg BI's best interest standard applies at the time of recommendation (transactional). - The investment adviser fiduciary duty is ongoing — an RIA must always act in the client's interest.

Form CRS: Broker-dealers must deliver a 2-page Client Relationship Summary explaining services, fees, and conflicts in plain English.

> Exam tip: Reg BI is higher than the old suitability standard but lower than the RIA fiduciary standard. The key improvement: brokers can no longer put their own financial interest ahead of the client's when there are equally suitable alternatives. Tested on SIE, Series 7, Series 65/66.

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