Interim rule on principal trades likely

The SEC is likely to adopt a temporary rule that will let fee-based brokers continue to make principal trades.
SEP 14, 2007
By  Bloomberg
On Sept 19, the Securities and Exchange Commission is likely to adopt a temporary rule allowing brokers who have fee-based accounts to continue making principal trades. The rule, which would expire after two years, is designed to give the SEC time to consider the results of a study being conducted by the RAND Corp. of Santa Monica, Calif., on how brokers and advisers should be regulated. The U.S. Court of Appeals for the District of Columbia Circuit overturned the SEC’s earlier rule exempting brokers with approximately 1 million fee-based accounts from registering as investment advisers as a result of a lawsuit filed by the Financial Planning Association. The court’s ruling is due to take effect Oct. 1. A chief reason that brokers have sought to keep from registering as investment advisers is because securities law prohibits investment advisers from selling securities owned by the adviser to clients, a practice known as principal trading, without written authorization for each trade. Brokers have argued that being obliged to get written approval for each transaction makes it effectively impractical to conduct principal trades, which are a major part of the brokerage business. The SEC temporary rule would allow brokers who have the fee-based accounts to continue to make principal trades as long as certain conditions are met, including the requirement that such trades be done only in non-discretionary accounts. The brokerage firms would also have to be dually registered as investment advisory firms. The FPA and the Securities Industry and Financial Markets Association of Washington and New York are in basic agreement concerning the interim rule, but the National Association of Personal Financial Advisors of Arlington Heights, Ill., is opposed to it, saying there are too many conflicts of interest involved in allowing brokers to advise clients and make principal trades.

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.