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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
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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"

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Comments (1)
 * on May 24 2022, sayitaintso says:
   
   Play stupid games, win stupid prizes.
   
   > Reply to sayitaintso
   


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