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 thank you for your excellent professional representation. It was greatly appreciated.

Michael M.

LATEST NEWS AND ARTICLES

1791996515 Law
October 14, 2026
FINRA Study Finds Advanced Investment Knowledge Does Not Eliminate Fraud Risk

Research using the FINRA Investor Education Foundation's 2024 National Financial Capability Study found that fewer than one in five investors with non-retirement investments demonstrate advanced investment literacy.

1791918358 Law
October 13, 2026
LPL Financial Faces Investor Claims Tied to Former Broker's Outside Activities

LPL Financial faces at least nine pending investor claims involving former El Paso, Texas broker Michael C.

1791818498 Law
October 12, 2026
SEC Targets Companies in Alleged $15 Million Social Media Investment Fraud Schemes

The Securities and Exchange Commission (SEC) has charged entities behind two alleged investment fraud schemes that raised more than $15 million from investors through WhatsApp, Facebook and other online platforms.