State Regulators are Increasingly Scrutinizing Held-Away Asset Management Technology: Tips for Advisors on Compliantly Managing Clients’ 401(k) Assets

State Regulators are Increasingly Scrutinizing Held-Away Asset Management Technology: Tips for Advisors on Compliantly Managing Clients’ 401(k) Assets

**FAQs**

1. **What are the traditional options for advisors to manage clients’ 401(k) plan accounts?**
Historically, advisors were limited to reviewing investment statements periodically and making recommendations for clients to execute on their own, or collecting clients’ login information to execute trades themselves.

2. **What is Pontera and how does it help advisors manage 401(k) plan assets?**
Pontera is a data aggregation tool that allows advisors to view and trade in clients’ 401(k) accounts without needing to collect their login information. It provides a more efficient and secure way for advisors to manage 401(k) assets.

3. **Why are regulators in some states scrutinizing the use of technology like Pontera?**
Regulators have raised concerns about potential breaches of clients’ user agreements with their 401(k) platforms by sharing login credentials with third-party technology. They are also wary of the amount of client data that can be accessed through these tools.

4. **What is the most sensible path forward for advisors regarding managing clients’ 401(k) assets?**
Despite regulatory challenges, leveraging technology like Pontera may still be the most practical solution for advisors to incorporate 401(k) assets into their financial planning conversations. Communication between technology providers, financial institutions, regulators, and advisors is key to addressing concerns.

**Conclusion**

Managing clients’ 401(k) plan assets has posed challenges for advisors, given the limitations on direct management and the regulatory scrutiny surrounding data aggregation tools like Pontera. While these tools offer a more efficient way for advisors to advise on 401(k) assets, regulators have raised valid concerns about data privacy and compliance. Moving forward, it will be crucial for advisors to navigate regulatory landscapes and advocate for the use of technology that serves their clients’ best interests. Despite the current uncertainties, leveraging technology to manage 401(k) accounts may still be the way forward for advisors seeking to provide comprehensive financial planning services.

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