Challenges Persist: Firms Struggle to Comply with Regulation Best Interest

Posted on February 20th, 2024 at 1:26 PM
Challenges Persist: Firms Struggle to Comply with Regulation Best Interest

From the desk of Jim Eccleston at Eccleston Law 

FINRA's annual report for 2024 reveals a concerning trend among broker-dealers, with numerous instances of violations of Regulation Best Interest (Reg BI).

According to Think Advisor, the report emphasizes that broker-dealers and advisors continue to make recommendations without a reasonable basis to believe they are in the best interest of retail customers. Moreover, firms neglect to conduct thorough investigations of offerings before recommending them, often relying on past experiences with issuing companies.

Another notable violation involves recommending transactions not aligning with customers' investment profiles, such as those with high cost-to-equity ratios and high turnover. Despite Reg BI's requirement for due diligence on costs, examiners found that consideration of costs is often limited to sales charges, neglecting other relevant fees like product or account-level fees when making recommendations.

Finally, the report highlights instances where firms and advisors recommend complex or illiquid products that contradict the retail customer's investment profile, exceed concentration limits specified in firm policies, or comprise a significant portion of a customer's liquid net worth or securities holdings.

 

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 4, 2026
Investor Redemptions Rise in Nontraded BDCs Amid Credit Concerns

Financial advisors and their clients have increased redemptions from nontraded business development companies (BDCs) following a series of high-profile corporate bankruptcies, according to InvestmentNews. The surge highlights growing investor concern about liquidity and credit exposure within these high-yield but often risky investment ...

February 3, 2026
FINRA Accuses Spartan Capital of Widespread Churning That Allegedly Harmed Customers

The Financial Industry Regulatory Authority (FINRA) has brought a disciplinary complaint against Spartan Capital Securities and several senior leaders of the New York City–based broker-dealer, alleging that the firm facilitated excessive trading that generated millions of dollars in revenue while causing substantial losses to customers.

February 2, 2026
California Investors Allege Unsuitable DST Recommendations in FINRA Arbitration

Two investors from the San Francisco Bay Area have filed a FINRA arbitration claim against brokerage firm Realized Financial and its financial advisors.