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 the regulators are after you, and are trying to make a case against you, and you are going to contest their allegations against you, make sure you have the best securities industry defense lawyers, Eccleston Law Firm. My case was spun into a combination of penalties including fines, cash settlements, CE courses and suspension. They were the best I have seen in action. When all was said and done, they had done their magic, my situation was negotiated and settled with a simple "letter of caution" and a case closed without action. It is the most important legal business decision you will ever make, make it Eccleston Law.

Rick R.

LATEST NEWS AND ARTICLES

March 13, 2026
Connecticut Advisor Pleads Guilty to Ponzi-Like Investment Fraud and Tax Evasion

Federal prosecutors announced that investment adviser John A.

March 12, 2026
Cape Coral Becomes Ground Zero for Private Lending Strains in Post-Pandemic Housing Market

Cape Coral, Florida, long a magnet for out-of-state real estate investors, now illustrates the growing risks of private lending in residential development.

March 11, 2026
SEC and Commonwealth Financial Network Move Toward Settlement in Revenue Sharing Disclosure Case

The Securities and Exchange Commission (SEC) and Commonwealth Financial Network notified a federal court that they are attempting to resolve a long running enforcement dispute involving alleged disclosure failures tied to revenue sharing payments, according to ThinkAdvisor.