Documenting the applicable standard of care for each recommendation
Active hat for this recommendation:Not selected
Why this matters: Nate Cocco wears three regulatory "hats." Each carries a different legal duty, compensation model, and required disclosure. Before any recommendation, select the applicable hat below so the client receives the correct standard-of-care documentation.
Client & Recommendation
Select the Applicable "Hat"
✓
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Fiduciary
Investment Adviser Representative Series 65 / RIA
1940 Act Fiduciary
✓
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Best Interest / Reg BI
Registered Representative Series 6 / 7 · FINRA
Reg BI (June 2020)
✓
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Insurance Agent
Florida Producer License Life · Health · P&C · Annuity
Suitability / FL BI
Hat Details & Disclosure
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Select a hat above to see required disclosures, documentation checklist, compensation summary, and conflicts-of-interest language.
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Fiduciary — Investment Adviser Representative
Series 65 / RIA · 1940 Investment Advisers Act
Duty Owed
Act in client's best interest at all times — continuous duty of loyalty and care
Form ADV Part 2A (Firm Brochure), Part 2B (Brochure Supplement), Form CRS
Legal Standard
Fiduciary duty under the Investment Advisers Act of 1940
Standard-of-Care Disclosure: I am acting as your Investment Adviser Representative for this recommendation. In this role, I owe you a fiduciary duty under the Investment Advisers Act of 1940. This means I am legally obligated to act in your best interest at all times, to provide advice with due care, skill, and prudence, and to fully disclose any material conflicts of interest. My compensation for the advisory relationship is fee-based (asset-based, flat, or hourly) as disclosed in Form ADV Part 2A and our advisory agreement. This duty is ongoing for the duration of our advisory relationship.
Material Conflicts of Interest: I am dually registered. I may also be compensated as a registered representative or insurance producer on other recommendations outside this advisory engagement. Fee-based advisory accounts and commission-based brokerage/insurance accounts are governed by different standards of care. Please review Form ADV Part 2A, Item 10 (Other Financial Industry Activities) and Item 14 (Client Referrals and Other Compensation).
☑ Documentation Checklist
Delivered Form ADV Part 2A (Firm Brochure)
Current version, delivered at or before account opening
Delivered Form ADV Part 2B (Brochure Supplement)
Covering each IAR providing advice to this client
Delivered Form CRS (Customer Relationship Summary)
Required for dual-registrants — covers both advisory and brokerage
Form CRS, point-of-sale disclosure, prospectus delivery, fund-specific disclosures
Legal Standard
Regulation Best Interest (Reg BI) — Care, Disclosure, Conflict, Compliance obligations
Standard-of-Care Disclosure: I am acting as a Registered Representative of State Farm VP Management Corp. (broker-dealer) for this recommendation. Under SEC Regulation Best Interest (Reg BI), I am required to act in your best interest at the time the recommendation is made, without placing my financial interest ahead of yours. This is a transactional standard tied to the specific recommendation, not an ongoing duty. Compensation for this transaction is in the form of commissions, sales loads, or 12b-1 fees as disclosed in the product prospectus and Form CRS.
Reg BI Four Obligations — Disclosure: (1) Care: I have exercised reasonable diligence, care, and skill in making this recommendation. (2) Disclosure: All material facts about the recommendation and our relationship are disclosed in writing. (3) Conflict of Interest: I receive commission-based compensation that may create an incentive to recommend one product over another — this conflict is disclosed and mitigated by policies and supervision. (4) Compliance: The firm and I have written policies reasonably designed to achieve compliance with Reg BI.
☑ Documentation Checklist
Delivered Form CRS (Customer Relationship Summary)
Required at or before recommendation; documented delivery
Delivered current product prospectus
Mutual fund, variable annuity, or other registered product
Documented Reg BI care analysis
Cost, alternatives considered, why this product fits client's profile
Disclosed all material conflicts in writing
Commissions, trails, third-party comp, fund proprietary status
Captured client investment profile
Risk tolerance, time horizon, objectives, liquidity needs, tax status
Share class / breakpoint analysis documented (if applicable)
A vs. C vs. advisory share class; breakpoint and rights of accumulation
Rollover analysis documented (if applicable)
If recommending a rollover from ERISA plan or IRA-to-IRA transfer
Supervisory review / principal approval on file
OSJ principal sign-off per firm WSPs
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Insurance Agent — Florida Licensed Producer
Life · Health · Disability · LTC · Annuity · P&C
Duty Owed
Suitability (NAIC) — for FL annuity sales: Best Interest (FL adopted NAIC Model #275 revised)
Compensation Model
Commission (first-year + renewals, bonuses, trips); paid by the insurer
State suitability requirements + product-specific rules (annuity, LTC, life)
Standard-of-Care Disclosure: I am acting as a licensed Florida insurance producer (and appointed agent for State Farm and other carriers) for this recommendation. Insurance product recommendations are governed by Florida state insurance law — including NAIC Suitability in Annuity Transactions Model Regulation (Florida adopted the 2020 "Best Interest" revisions for annuity sales). My compensation for the sale is a commission paid by the insurance carrier, and may include renewals and bonuses.
Material Conflicts of Interest: Commission compensation varies by product and carrier. I have an incentive to recommend products that pay higher commission. This conflict is mitigated by (a) the suitability/best-interest standard applicable to the recommendation, (b) comparison of products available under my appointments, and (c) full disclosure of compensation and any replacement of existing coverage.
Q1Is this a product sale at point of contact (one-time transaction)?
Yes → proceed to Q2 (Reg BI or Insurance). No → skip to Q3 (likely Fiduciary).
Q2Is the product insurance (life, annuity, disability, LTC, P&C)?
Yes →Insurance Agent hat (#3) — suitability / FL Best Interest. No →Reg BI hat (#2) — mutual fund, variable product, or other security.
Q3Are you charging an ongoing advisory fee (AUM, flat, retainer) for this relationship?
Yes →Fiduciary hat (#1) — IAR / 1940 Act duty. No → revisit Q1 — you may not have a paid engagement for this scope.
NoteDual-hat caution
A client relationship can include multiple hats over time. Each discrete recommendation must be documented under the hat that applies to that recommendation. When transitioning a client between advisory and brokerage/insurance accounts, deliver updated Form CRS and document the change.