What is Discretionary Authority?
Discretionary authority is the legal power granted by a client to their financial advisor, permitting the advisor to make investment decisions and execute trades in the client's account without obtaining prior approval for each transaction. This arrangement allows for more efficient portfolio management and timely execution.
Types of Authority
Discretionary:
- Advisor can buy/sell without client approval
- Investment decisions made within agreed parameters
- More common in fee-based advisory relationships
Non-Discretionary:
- Client must approve each transaction
- Advisor provides recommendations only
- Common in commission-based relationships
Requirements for Discretionary Authority
- Written Authorization: Client must sign a discretionary agreement
- Investment Policy Statement: Document outlining investment parameters
- Limited Power of Attorney: Legal document granting trading authority
- Custodian Documentation: Forms filed with the custodian
Compliance Considerations
- Best Execution: Duty to obtain most favorable terms for clients
- Trade Allocation: Fair distribution of trades across accounts
- Supervision: Proper oversight of discretionary trading
- Documentation: Records of rationale for investment decisions
Benefits of Discretionary Management
For Clients:
- Faster response to market conditions
- Professional management without constant involvement
- Consistent implementation of investment strategy
For Advisors:
- Efficient portfolio management across clients
- Ability to implement model portfolios
- Reduced administrative burden
- Block trading capabilities
Limitations
Even with discretionary authority, advisors typically cannot:
- Withdraw funds to themselves
- Change beneficiaries
- Transfer assets to other accounts without specific authorization
