SEC Focuses on Increased Scrutiny for Hybrid Firms in 2024 Examination Priorities

Posted on November 15th, 2023 at 1:16 PM
SEC Focuses on Increased Scrutiny for Hybrid Firms in 2024 Examination Priorities

From the desk of Jim Eccleston at Eccleston Law 

As the ranks of hybrid advisor-brokers, registered with both the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA), continue to grow, regulators are intensifying their scrutiny.

According to AdvisorHub, in the coming year, SEC examiners will shift their focus to the economic incentives and conflicts of interest associated with advisers who are dually registered as broker-dealers, utilize affiliated firms to provide client services, and have financial professionals catering to both brokerage customers and advisory clients, as stated in the report. Examiners will actively search for instances where these dual registrants recommend investments, proprietary products, and affiliated service providers to clients, even when lower-cost alternatives are available.

At FINRA's annual conference, officials expressed their interest in compliance violations by dual registrants. Chris Kelly, who served as the interim head of enforcement at FINRA, pointed out that some hybrid advisors exploit their dual status to maximize the fees and commissions they receive from customers. He highlighted what he termed the "BD-IA arbitrage," wherein hybrids sell high-commission products in a brokerage account and promptly convert them into an advisory account with an annual fee.

 

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

Tags: eccleston, eccleston law, sec

Return to Archive

TESTIMONIALS

Previous
Next

We just wanted to say thanks for your work in helping us get back some of the money we lost. We are not by any means rich, but we have saved some money and we have done so through a tight-fisted approach to most everything we do. So losing a significant chunk of money hurt…especially at a time when everyone else was growing their accounts. We really appreciate the work you did.

Allan and Adele

LATEST NEWS AND ARTICLES

February 13, 2026
Cetera Fined $1.1 Million Over Supervisory and AML Deficiencies

The Financial Industry Regulatory Authority (FINRA) has censured and fined Cetera Financial Group $1.1 million after identifying supervisory system and anti-money laundering (AML) failures across several subsidiary broker-dealers.

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.