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A care obligation means that a broker-dealer must exercise reasonable diligence, care, and skill when making a recommendation to a retail customer.
Established as part of the Investment Advisors Act of 1940, the fiduciary standard states that an advisor must put their clients' interest above their own. They must follow the very best course of action, regardless of how it affects them personally or their income.
One key difference between advising and consulting is the length of time the professional works with the client. Typically, advisers work with their clients over long periods of time, while consultants tend to work with their clients on a short-term basis.
A business advisory agreement should contain all material terms such as compensation rates, scope of work, duration of engagement and payment schedule. This will provide clarity on who does what and when they are paid for it.
An investment adviser's duty of care requires conducting a reasonable investigation into the investment sufficient not to base the advice on materially inaccurate or incomplete information.
STANDARD OF CARE The Adviser will exercise its best judgment and will act in good faith and use reasonable care and in a manner consistent with applicable federal and state laws and regulations in rendering the services it agrees to provide under this Agreement.
Standard of care to be exercised when making Investments (c) must in the first instance be made with primary regard being to the probable safety of the investment, in the second instance to the liquidity needs of the municipality or municipal entity and lastly to the probable income derived from the investment.
Limitation of Liability Clause This clause limits the amount that the advisor will have to pay if the client suffers loss due to their financial advice.