Hi Peter,
In writing a blog post, I just ran across your question. You and snappy are mostly correct, as we have found that our operating as a PPA Fiduciary Adviser is extremely rare, but we have done so since we were certified by CEFEX. CEFEX and DALBAR are the only organization doing the EIAA audit that I am aware of, due to the minimal number of groups operating in such a capacity. Operating through CEFEX, our auditor is Roland|Criss out of TX. We have now gone through 3 audits since being the 1st company in the nation to complete the CEFEX Fiduciary Adviser (PPA) certification. Let me know if I can be of service as it relates to you question or interest in the PPA Fiduciary Adviser safe harbor.
Best,
Chad Griffeth
BeManaged
http://bemanagednow.comcgriffeth@myactium.com
P: (616) 871-0751
QUOTE (Fiduciary Guidance Counsel @ Jun 18 2009, 05:12 PM)

snappy, thank you for your observation!
It mostly confirms what I've suspected: An adviser that could most benefit from the new statutory exemption is one that can't exempt its intended service under pre-2006 law. But such an adviser isn't eager to develop a service until the law changes or enjoys an interpretation that's no longer controversial.