Commonwealth Found Liable for Rev-Share Disclosure Failures

April 11, 2023

Commonwealth Financial Network is liable for failing to disclose that its investment advisor representatives were incentivized to sell certain products because of a revenue­ sharing arrangement that the firm had with a clearing broker, a Massachusetts district court judge wrote on Friday.


The broker-dealer kept under wraps a revenue-sharing arrangement with Fidelity affiliate National Financial Services through which Commonwealth collected fees from certain mutual funds that advisors sold to clients, according to an August 2019 suit filed by the Securities and Exchange Commission in Massachusetts district court. The firm failed to disclose the revenue-sharing agreement from 2014 and 2018.


Judge Indira Talwani granted the SEC's request for early judgment in the case, holding Commonwealth responsible for the disclosure issues, and rejecting the firm's argument that the SEC did not provide fair notice of the disclosure obligations in the lawsuit.


The judge's order does not state whether Commonwealth will have to pay a fine or face another penalty.


Commonwealth had argued that the SEC did not prove its fee arrangement with NFS created conflicts of interest. The Waltham, Massachusetts-based broker-dealer also claimed that the regulator changed its disclosure standards without giving the firm


IGNITES



A judge ruled that the broker-dealer violated the Advisers Act by failing to properly disclose that its representatives were incentivized to steer clients into certain mutual funds.


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