Tr?id=566623520170033&ev=PageView&noscript=1

Apex Clearing to Pay $3.2 Million in FINRA Settlement Over Securities Lending Violations

Posted on March 14th, 2025 at 2:11 PM
Apex Clearing to Pay $3.2 Million in FINRA Settlement Over Securities Lending Violations

From the desk of Jim Eccleston at Eccleston Law

Apex Clearing, the clearing arm of Apex Fintech Solutions, has agreed to pay $3.2 million to settle FINRA allegations that it failed to ensure customers received compensation for lending their securities. As reported by Financial Planning, FINRA’s investigation found that from January 2019 to June 2023, Apex misled clients about its "paid securities lending program," violating Rule 4330.

According to FINRA, Apex Clearing allowed broker-dealer clients to enroll investors in a securities lending program, under which Apex borrowed securities and lent them out for a fee. While Apex, its broker-dealers, and customers were supposed to share in the revenue, FINRA determined that Apex never ensured investors actually received those payments.

FINRA also found that Apex had no reasonable basis to believe the program was appropriate for participating clients.

Investors faced additional risks, including losing Securities Investor Protection Corporation (SIPC) guarantees and receiving cash payments instead of dividends, which are often taxed at a higher rate.

Bill St. Louis, FINRA’s head of enforcement told Financial Planning that, “It is unreasonable to expect a customer to take on risks and the potential financial consequences of securities lending with no financial upside.” Apex agreed to the settlement without admitting or denying FINRA’s findings in an Acceptance, Waiver and Consent (“AWC”).

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law, finra

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

I cannot thank you enough for your efforts. You have proven to be a valuable resource.

Jim T.

LATEST NEWS AND ARTICLES

1781279618 Law
June 12, 2026
FINRA Suspends Former LPL Broker Over Undisclosed Outside Business Activity

The Financial Industry Regulatory Authority (FINRA) has imposed a $5,000 fine and a 45-day suspension against former LPL Financial broker James R.

1781195016 Law
June 11, 2026
FINRA Suspends Former Raymond James Representative for Improper Account Conversions and Unauthorized Trading

The Financial Industry Regulatory Authority (FINRA) sanctioned Paul D.

1781105914 Law
June 10, 2026
Ameriprise Reports Second Data Breach in Less Than Six Months

Ameriprise Financial recently disclosed another data breach, marking the second cybersecurity incident involving the firm in less than six months.