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Advising a 401k participant about their portfolio and available investment options within the 401k would require a fiduciary level of care, in addition to securities licensing to "qualify" your advice. Showing options outside of the 401k does not require a fiduciary level of care. Otherwise we would ALL be required to have a Series 65 license to do any kind of rollover work.
It's not like you can change the available investment options within the 401k. That would require that you be the broker/advisor of record for the entire plan, changing the plan documents, custodian, TPA, etc., etc., etc.
The only thing I would check for due diligence, would be if it would be better or not for the client to keep their funds where they were, or if it would be better for the client to move them. The tax structure/penalty issue alone could be a cause for concern.
As long as the advantages/disadvantages were spelled out (think of a B/D switch letter) and every conversation was well documented (a top reason for a good CRM program), then the advisor should be okay.
It's not like you can change the available investment options within the 401k. That would require that you be the broker/advisor of record for the entire plan, changing the plan documents, custodian, TPA, etc., etc., etc.
The only thing I would check for due diligence, would be if it would be better or not for the client to keep their funds where they were, or if it would be better for the client to move them. The tax structure/penalty issue alone could be a cause for concern.
As long as the advantages/disadvantages were spelled out (think of a B/D switch letter) and every conversation was well documented (a top reason for a good CRM program), then the advisor should be okay.