Investment advice provided incidental to and in connection with a non-discretionary account does not establish a fiduciary duty..
A broker is not subject to the act as long as his advice is "solely incidental to the conduct of his business as a broker" and he does not receive "special compensation" for advice.
But the 1940 law made an exception for brokers: as long as their advice was "solely incidental" to their service as a broker, and they did not receive special compensation for advice, they were not required to act as fiduciaries.
In the ruling, the Court of Appeals for the District of Columbia Circuit said the S.E.C. exceeded its authority in granting a disclosure exemption to brokers who provide investment advice that is incidental to their business but who are still paid a special fee for the advice.
The walking component will include programmed and incidental physical activity, while the nutrition component will provide advice on healthy eating by promoting higher consumption of fruit, vegetables and fibre and reduced intake of dietary fat.
If the agencies acted on the scientific advice by, say, modifying their plans, they could obtain "an incidental take permit," exempting them from penalties.
Physical activity advice primarily encouraged women to increase their amount of walking and incidental activity [ 19].
21 Physical activity advice primarily encouraged women to increase their amount of walking and incidental activity.
Stores have lowered their credit-card minimum purchase and official advice is to take more French francs with you for incidentals.
Incidental Intelligence: Goodman's, an outfit that makes things like spaghetti, macaroni, and elbow macaroni, enriched with wheat germ, proffers this advice to "pasta" addicts: "Vary….
Incidental Intelligence: Goodman's, an outfit that makes things like spaghetti, macaroni, and elbow macaroni, enriched with wheat germ, proffers this advice to "pasta" addicts: "Vary your menu with a noodle dish a day".
