Tr?id=566623520170033&ev=PageView&noscript=1

SEC Seeks to Expand “Dealer” Definition to Expand Regulatory Oversight

Posted on April 11th, 2023 at 8:47 AM
SEC Seeks to Expand “Dealer” Definition to Expand Regulatory Oversight

From the desk of Jim Eccleston at Eccleston Law 

The Securities and Exchange Commission (SEC) is seeking to expand its definition of “securities dealers”, which has resulted in criticism from various private fund and investment advisors that wish to avoid additional regulatory oversight.

The SEC is finalizing a rule that would expand the definition to include some financial advisory firms, including high-frequency traders, which traditionally have not been considered securities dealers. Investor advocates contend that the SEC uses lawsuits against penny-stock flippers to indicate that a “securities dealer” is any company whose business model revolves around buying and selling securities. According to industry experts, the expanded definition of “dealer” will likely implicate several businesses, including hedge funds and venture capital funds. Funds that are required to register under the new definition could seek to alter their investment strategies to avoid heightened regulation, according to industry sources.

Critics of the SEC’s expanded definition have pointed to a case that the SEC won against Ibrahim Almagarby and his Florida-based company, Microcap Equity Group (MEG). Almagarby launched MEG, which would buy aged debt from penny stock issuers before converting the debt into equity for discounted prices and selling the new shares for a profit, according to the SEC. The SEC alleged that Almagarby and MEG generated at least $1.4 million, but the district court determined that MEG was a dealer because the company’s business model was based on quickly unloading equity shares. MEG appealed to the Eleventh Circuit, which is expected to rule on the case this year. While the Eleventh Circuit considers Almagarby’s case, the SEC is working to finalize its rule that would require more firms to register as dealers. The SEC’s proposal notes certain standards that can trigger the dealer classification, including regularly making comparable purchases and selling the same securities in one day.

 

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

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

This was the best of all possible outcomes and I cannot thank you and the team enough.

Michael S.

LATEST NEWS AND ARTICLES

1788461574 Law
September 3, 2026
Texas Investment Adviser Faces Washington State Charges Over Misleading Crypto Portfolio Claims

Washington state securities regulators have charged an Austin, Texas registered investment adviser (RIA) and its founder with making misleading statements about the risks tied to one of its model portfolios, which invested heavily in crypto-backed products and volatile exchange-traded funds, according to InvestmentNews.

1788376975 Law
September 2, 2026
Lakers Owner Sells Team for Record $12.5 Billion Amid Federal Probe

Guggenheim Partners CEO Mark Walter has sold his majority stake in the Los Angeles Lakers just as federal regulators investigate potential financial improprieties at insurance and annuities companies that he owns, InvestmentNews reports.

1788292150 Law
September 1, 2026
FINRA Proposes New Rules to Fix Unpopular Arbitrator Selection Process

The Financial Industry Regulatory Authority (FINRA) wants to change how it selects arbitrators when its standard process fails to produce enough available panelists.