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regulation

RIA vs. Broker-Dealer: Key Differences

Registered investment advisers (RIAs) and broker-dealers are both regulated financial intermediaries, but they operate under different regulatory frameworks, compensation structures, and standards of care.

AAdvisorIQ
·2 min read·regulation

Definition

RIA vs. Broker-Dealer

A registered investment adviser (RIA) is a person or firm that provides investment advice for compensation and is registered with the SEC (assets under management ≥ $110 million) or state securities regulators (AUM below the federal threshold). A broker-dealer is a person or firm in the business of effecting transactions in securities for its own account or for the accounts of others. The key regulatory distinction: RIAs owe clients a fiduciary duty under the Advisers Act; broker-dealers owe retail customers a best-interest obligation under Reg BI when making recommendations.

Side-by-side comparison

Registered Investment AdviserBroker-Dealer
Primary regulatorSEC (or state)FINRA + SEC
Registration formForm ADVForm BD
Standard of careFiduciary (continuous)Best interest at time of recommendation (Reg BI)
CompensationFee-based (AUM %, flat, hourly)Commissions, markups, 12b-1 fees
DisclosureForm ADV Part 2 brochureForm CRS + transaction-specific
Ongoing obligationsContinuous duty to monitorAt time of recommendation
Custody rulesAdvisers Act Rule 206(4)-2SEC Rules 15c3-1/3

The fiduciary distinction

RIAs owe clients an undivided duty of loyalty (act in the client's best interest and avoid conflicts) and a duty of care (provide advice that is suitable given the client's circumstances). This duty applies continuously — not just at the moment of a transaction.

Broker-dealers under Reg BI (effective June 2020) must act in the best interest of retail customers when making recommendations, but this is a transaction-level obligation, not a continuous one. The distinction matters for ongoing portfolio monitoring and proactive advice.

Dual registration

Many firms operate as both RIAs and broker-dealers, or have affiliated entities in both roles. In that case, both regulatory frameworks apply, and the firm must track which hat it's wearing in each client interaction. Conflicts of interest arising from dual registration must be disclosed.

Choosing the right structure

For clients seeking ongoing, holistic financial planning and investment management, an RIA relationship typically aligns better — the continuous fiduciary duty matches the ongoing nature of that service. For clients executing specific transactions, a broker-dealer relationship may be appropriate — the best-interest standard applies at the point of recommendation.

Related

This glossary entry is general information, not legal advice.

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