The Securities and Exchange Commission has charged O.N. Investment Management Co. with advising clients to buy or hold mutual fund share classes that charged 12b-1 fees when lower-cost share classes of those same funds were available.
The SEC said its complaint arises out of breaches of fiduciary duty by ONIMCO, a registered investment advisor, in connection with its affiliated broker-dealer and parent company O.N. Equity Sales Co.'s (ONESCO) receipt of third-party compensation from client investments without fully and fairly disclosing associated conflicts of interest.
Since at least 2014, according to the SEC complaint, ONIMCO invested clients in:
- Mutual fund share classes that paid 12b-1 fees.
- Certain mutual funds that also generated no-transaction fee revenue for ONESCO.
- Cash sweep products that likewise resulted in revenue sharing for ONESCO.
"In spite of these financial arrangements, ONIMCO provided no disclosure or inadequate disclosure of the conflicts of interest arising from ONESCO's receipt of this compensation," the SEC said.
