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

You are the best attorneys in the country.

CC

LATEST NEWS AND ARTICLES

February 12, 2026
CFTC Signals New Rulemaking for Prediction Markets and Crypto Oversight

The Commodity Futures Trading Commission (CFTC) plans to develop new regulations governing the growing prediction markets industry, Chairman Michael Selig announced, signaling a shift in regulatory strategy.

February 11, 2026
Ameriprise Advisor Phishing Incident Potentially Exposes Client Data

A phishing incident involving an Ameriprise Financial advisor potentially exposed the personal information of hundreds of clients, according to a disclosure posted by the Maine Attorney General’s office.

February 10, 2026
Merrill Lynch Expands Client Disclosures on Crypto and AI Risks

Merrill Lynch updated its required client disclosure brochure to address, for the first time, the evolving risks tied to cryptocurrency-linked investments and the firm’s expanding use of Artificial Intelligence tools.