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Skip to Main Content SUBMIT A TIP RECEIVE DAILY NEWS ACCOUNT Menu * News * * Latest News * * Jamie Dimon Hypes J.P. Morgan’s Traditional Brokers * * Wells Fargo to Pay Nearly $1M to Ex-Credit Suisse Broker in Deferred Comp Row * * JPMorgan Plans to Hire 1,300 More Advisors Over Next Three Years * * Finra Advances Revised Proposal to Reform Broker Expungement Process * Close * Advisor Moves * * Rockefeller Opens Seattle Office with $5.2-Mln Morgan Stanley Team * * First Republic and UBS Pluck Managers from J.P. Morgan Advisors on Both Coasts * * Rockefeller Swipes $17-Mln Morgan Stanley Broker Out from Under First Republic * * Two UBS Teams with $16.5 Million in Combined Revenue Break Away in NYC * Close * Enforcement * * First Republic to Pay $1.8M to Settle SEC Charges over Revenue Sharing Violations * * Wells Fargo Advisors to Pay $7 Million Over Anti-Money Laundering Lapses: SEC * * Firms Fire High Risk Brokers as Finra Takes Aim at Rogue Actors * * Finra Suspends Ex-Morgan Stanley Broker Who Hyped ‘Exclusive’ Venture Capital Investment * Close * Markets * `Nothing Safer Than Cash’: Tech Rout Puts Silicon Valley on Edge * ‘Any News Is Bad News’ as Earnings Fail to Save Equity Bulls * ‘50 Cent’ Profited From Volatility Jump, Wells Fargo Says * ‘Beaten Down’ ETF Is a Way to Play Inverted Curve, BofA Says * Close * Opinion * * SIRIANNI: Morgan Stanley’s Moment * * Sirianni’s 2022 Predictions: The Year of The Great Entrepreneur Revival * * Why Only a Huge Shock Will Deter Risk-Taking Investors * * Sirianni: Toxic Culture * Close * Fintech News * * UBS “Committed” to Finishing Broker Workstation Revamp Despite Delays, CFO Says * * Wells Fargo Advisors Rolls Out eMoney Planning Tool for Brokers * * Fintech Firm Apex Clearing Agrees to Go Public Via SPAC * * Merrill Systems Hiccuped on Thursday as Stocks Slid * Close * From the Publisher * * SIRIANNI: Morgan Stanley’s Moment * Sirianni’s 2022 Predictions: The Year of The Great Entrepreneur Revival * * Tony Sirianni Interviews Ken Cella — Principal, Client Strategies Group at Edward Jones * Sirianni: Death of the Trainee * * Welcome to AdvisorHub RIA * From the Publisher: Sirianni’s Predictions for 2021 * * Seven Questions with Tony Sirianni: Josh Rogers, Founder and CEO, Arete Wealth * Seven Questions with Tony Sirianni: Phil Hildebrandt, Principal, CEO of Segall Bryant & Hamill * Close * Close * Deals & Comp * Recruiting Wire * Breakaway Center * Resources * * Resources Home * Boutique * * Fintech Product Directory * Fintech Resources * * Institute * Practice Management Resources * * Transition Resources * * Events * * Culture Survey * Close * AH TV * Podcasts * AH Magazine * RIA Center * Asset Manager Hub close X Search for: Search May 20, 2022 FIRST REPUBLIC TO PAY $1.8M TO SETTLE SEC CHARGES OVER REVENUE SHARING VIOLATIONS by Jake Martin | Enforcement, News | First Republic, SEC | RIA | View Comments Share This SUBMIT A TIP Sundry Photography - stock.adobe.com First Republic Bank’s registered investment advisory arm agreed to a censure and will pay more than $1.8 million to settle with the Securities and Exchange Commission, which alleged that it failed to disclose a conflict in placing customers in certain mutual fund share classes and cash sweep accounts. The SEC alleged that First Republic Investment Management violated its fiduciary duty by not informing clients about a revenue sharing agreement that it had made with an unaffiliated clearing firm that dated back to 2014, according to an administrative proceeding order filed Thursday. The firm had self-reported the violations under the SEC’s Share Class Selection Disclosure Initiative targeting advisory firms that recommended high-fee mutual funds, according to the order. The issue in First Republic’s case was tied to a no-transaction fee mutual fund program that was offered by the clearing firm, which was not identified in the order. The funds tended to have higher expense ratios and higher fees than other share classes offered by the clearing firm, the SEC said. “The payments the affiliated broker received under the agreement created a financial incentive for [First Republic] to recommend mutual funds covered by the agreement over other investments, including lower-cost share classes of the same mutual fund, when rendering investment advice to its clients,” the SEC’s lawyers wrote in the order. The revenue sharing payments were kept by the San Francisco-based bank and not distributed to First Republic’s advisors, according to the regulator. The SEC also found deficiencies with First Republic’s cash sweep accounts, which the Commission said could be costlier for clients depending on the fund and share class. The RIA’s clearing broker similarly agreed to share revenue with the firm’s affiliated broker, although profits were not shared with the advisors, according to the SEC. A spokesman for First Republic, which did not admit nor deny the SEC’s findings, declined to comment. The bank’s RIA subsidiary oversaw nearly $137 billion in client assets as of the end of 2021, according to its Form ADV. First Republic reviewed and corrected relevant disclosure documents in 2018 and 2019 and moved clients out of certain share classes and sweep accounts where necessary, the regulator noted in the order. The bank agreed to pay $1,332,664 in disgorgement plus $243,289 in prejudgment interest, as well as a civil penalty of $250,000, according to the order. The SEC in March 2019 said it had collected $125 million in disgorgement from 79 firms as part of its share class selection disclosure initiative but would continue to evaluate self-reports that it had received from firms. It has extracted additional settlements from firms that failed to disclose incentives to recommend funds that paid them distribution fees when less expensive share classes were available. AS ADVISORY ACCOUNTS SOAR, EDWARD JONES’ DEPENDENCE ON AMERICAN FUNDS SHRINKS Sales of Capital Group’s American Funds accounted for 11% of Jones’ revenue in the second quarter, down nearly half from 20% five years ago. Aug 13, 2021 In "News" FINRA, SEC OFFICIALS OUTLINE PITFALLS FOR FIRMS IN REG BI EXAMS Some firms previously cited for failing to comply with the defunct suitability rule are failing to comply with its successor Reg BI, a senior Finra official said Tuesday. May 18, 2022 In "Most Read" FIRST REPUBLIC SIGNS $17-MILLION MEGA PRODUCER FROM MORGAN STANLEY IN CALIFORNIA Los Gatos-based Cheryl Young, who was ranked as the top broker in the state this year, likely earned a multi-year bonus that could have reached as high as $60 million, according to recruiters. Apr 19, 2022 In "Advisor Moves" LIKE THIS ARTICLE? LET ADVISORHUB COME TO YOU! 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