Under the Investment Advisers Act of 1940, an investment adviser owes clients which standard of care?
- AA mere suitability standard with no loyalty obligation
- BA fiduciary duty to act in the client's best interestCorrect
- CA duty of care only, with no duty of loyalty
- DA disclosure-only duty, with its own interests first
Why: Under federal law an investment adviser is a fiduciary, and the fiduciary duty under the Advisers Act comprises a duty of care and a duty of loyalty: the adviser must act in the client's best interest and not place its own interests ahead of the client's. The duty cannot be waived, although its application may be shaped by agreement. A suitability-only standard has no loyalty obligation, a care-only duty omits loyalty, and disclosing a conflict does not by itself let the adviser put its own interests first.Investment Advisers Act of 1940 s.206; SEC Release IA-5248 (2019)



