The Securities Litigation Expert Blog

Accelerant Insurance Expert John Duval, Sr. Quoted in MarketWatch Article

Posted by Jack Duval

Nov 16, 2013 5:22:07 AM

Variable annuity expert John Duval, Sr. was quoted in a recent MarketWatch article about the suitability of variable annuities for retirees.  (MarketWatch)  Duval, Sr. was quoted a number of times about the tax aspects of variable annuity investing, including:

Variable annuities only offer ordinary income, no capital gains opportunities, ever... High net worth investors and variable annuities trigger double taxation at death, he said. In fact, the beneficiaries get 1099s for the gains.

The article was written by Robert Powell, a MarketWatch Retirement columnist.
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Topics: variable annuity taxation, variable annuity expert, insurance, Senior Investors, investments, variable annuity litigation, John Duval Sr.

Accelerant Publishes New White Paper: "Suitability Obligations When Using Specialists"

Posted by Jack Duval

Oct 16, 2013 4:10:45 AM

The white paper can be found here.

From the introduction:

The specialist system has existed in the brokerage world since the 1980’s, however, it has not received a great deal of regulatory or expert commentary. This is remarkable since the use of specialists is common throughout the industry, particularly in the sales of complex products.

This paper explores the suitability obligations of Registered Representatives and product specialists when jointly making recommendations to clients. The origin and evolution of the specialist system is examined along with the functions typical of specialists. The industry distinction between “inside” and “outside” specialists is described, and selling agreements between Broker-Dealers (“BDs”) and outside specialists are examined as well.

Most importantly, a critical potential dilemma is explored in regards to suitability: what happens if the Registered Representative knows the client, the product specialist knows the product, but neither knows both?

The answer, in short, is that the Registered Representative has ultimate responsibility for the suitability of all recommendations to the client. However, if the Registered Representative involves a specialist in the recommendation at any time, then both must know the client and the investment well enough to make a suitability determination. If either fails in this regard, then the recommendation cannot be said to be suitable.

The paper is co-authored by John Duval, Sr. and Jack Duval.



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Topics: FINRA, registered representative, broker dealer, litigation, white paper, suitability, supervision, Accelerant, SEC, specialists, Jack Duval, John Duval Sr., Compliance, regulation.

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