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

If you find yourself in trouble with the regulators, call Eccleston Law, you won't regret it.

Rick R.

LATEST NEWS AND ARTICLES

December 17, 2025
Audit Failures, Whistleblower Claims, and Renewed Scrutiny of the Big Four

A series of lawsuits, congressional findings, and high-profile corporate collapses has reignited long-standing concerns about the audit industry’s ability to confront fraud, as reported by Bloomberg Law.

December 16, 2025
Reminders for CFAs in Adhering to Compliance Standard, Client-Disclosure and Conflict Management Requirements

In 2023, the CFA Institute Board of Governors approved targeted revisions to the Standards of Professional Conduct, adding one new standard and updating two others.

December 15, 2025
FINRA Sanctions Former Merrill Broker for Unapproved Referral Payouts

The Financial Industry Regulatory Authority (FINRA) issued a six-month suspension and a $7,500 fine against former Merrill Lynch broker Jeremiah Householder after finding that he accepted referral commissions from an unapproved third-party lender.