SEC charges Bolton Securities with failing to disclose 12b-1 fee conflicts

SEC charges Bolton Securities with failing to disclose 12b-1 fee conflicts
Agency says firm also engaged in self-dealing transactions that profited firm's reps.
NOV 07, 2019
The Securities and Exchange Commission has charged Bolton Securities, a Bolton, Mass.-based registered investment adviser and broker-dealer doing business as Bolton Global Asset Management, with failing to disclose material conflicts of interest related to 12b-1 fees. According to the SEC's complaint, Bolton invested advisory clients in mutual fund share classes that charged 12b-1 fees, and which had an available share class without 12b-1 fees. From August 2014 through at least the end of March 2018, those 12b-1 fees were paid to the firm's broker-dealer unit, which in turn paid some of the fees to Bolton Securities' investment adviser representatives. [Recommended video:Personalization and custom communications are key to the evolving client experience]​ In addition, the SEC alleges that from November 2014 through at least March 2019, Bolton Securities used the principal trading account of its broker-dealer unit to engage in self-dealing transactions with its advisory clients that generated principal trading compensation for the broker-dealer, without providing disclosure sufficient for clients to provide informed consent to the conflicted transactions, and without obtaining required client consent. The SEC said it is seeking disgorgement of ill-gotten gains, prejudgment interest, financial penalties and permanent injunctions against Bolton Securities.

Latest News

House passes bipartisan bill offering fraud victims tax relief
House passes bipartisan bill offering fraud victims tax relief

House-passed measure would let fraud victims deduct losses and waive early-withdrawal penalties on stolen retirement funds.

Anthropic’s Enterprise plan urged for advisors in Claude roll-out
Anthropic’s Enterprise plan urged for advisors in Claude roll-out

Anthropic's Enterprise plan offers advisors stronger data controls — but smaller RIAs may struggle with the cost.

SS&C's Black Diamond adds insurers as annuity demand grows
SS&C's Black Diamond adds insurers as annuity demand grows

Partnership with DPL adds Jackson and Protective to insurance marketplace as fee-based annuities gain traction with fiduciary advisors.

Fired Morgan Stanley advisor in New York focus of investor lawsuits
Fired Morgan Stanley advisor in New York focus of investor lawsuits

Morgan Stanley is one of the leading wealth management companies in the country.

Apella Wealth scores deal double, sealing $12 billion AUM milestone with bicoastal additions
Apella Wealth scores deal double, sealing $12 billion AUM milestone with bicoastal additions

South Carolina and Bay Area advisory teams join the WPCG-backed national platform as RIA dealmaking hits new highs.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income