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

Securities Lending Oversight Lapses Lead to FINRA Sanctions

Posted on January 16th, 2024 at 11:34 AM
Securities Lending Oversight Lapses Lead to FINRA Sanctions

From the desk of Jim Eccleston at Eccleston Law 

The Financial Industry Regulatory Authority Inc. (FINRA) recently concluded settlements totaling $2.6 million in fines and restitution with four mobile apps and online broker-dealers. The settlements pertained to non-compliance with rules related to securities lending programs, communications, and advertising. The implicated firms include M1 Finance, Open to the Public Investing Inc., SoFi Securities, and SogoTrade Inc.

Securities lending, a common and lucrative practice, involves clearing firms borrowing fully paid or excess margin securities from customers and lending them to third parties for a daily fee. Sandy Ressler, Managing Director of Essential Edge Compliance Outsourcing Services, attributes such compliance lapses at broker-dealers to rapid growth.

FINRA outlines that in a fully paid lending program, the clearing firm determines the securities to borrow, the timing, and the borrowing terms. The daily borrowing fee collected is typically distributed among the clearing firm, the introducing broker-dealer, and the customer who owns the borrowed security.

As reported by InvestmentNews, FINRA found that the four broker-dealers it sanctioned, namely M1 Finance, Open to the Public Investing Inc., SoFi Securities, and SogoTrade Inc., "failed to establish, maintain, and enforce a supervisory system, including written supervisory procedures, reasonably designed to supervise their fully paid securities lending offerings." This failure to implement effective supervisory measures led to the regulatory action taken by FINRA.

 

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
Quotes Bigger

I want to extend a tremendous thank you for your dedication, professionalism, hard work and patient demeanor through this challenging time. It was enjoyable interacting with everyone on your team, this certainly helped while dealing with the situation and working towards resolution.

Dan M.

LATEST NEWS AND ARTICLES

1773760408 Law
March 17, 2026
Bankruptcy Court Orders Emerson Equity to Produce Records in Inspired Healthcare Case

A federal bankruptcy court in Fort Worth has ordered Emerson Equity to produce documents connected to the sale of private securities issued by Inspired Healthcare Capital, according to InvestmentNews.

1773678753 Law
March 16, 2026
Concorde Investment Services Faces Scrutiny Over Sales of Inspired Healthcare Private Investments

Concorde Investment Services is facing increased scrutiny following the bankruptcy of Inspired Healthcare Capital, whose private investment offerings were widely sold through independent broker dealers, according to InvestmentNews.

1773412367 Law
March 13, 2026
Connecticut Advisor Pleads Guilty to Ponzi-Like Investment Fraud and Tax Evasion

Federal prosecutors announced that investment adviser John A.