LPL Nears $50M SEC Settlement Over Messaging App Use

News April 30, 2024 at 07:35 PM
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LPL Financial sign in San Diego

LPL Financial says it has reached a settlement in principle with regulators over its recordkeeping of off-channel communications and expects to pay a penalty of $50 million by June 30.

The independent broker-dealer agreed to the settlement with the Securities and Exchange Commission on March 22, though the agreement "remains subject to the negotiation of definitive documentation and approval by the SEC," LPL said late Tuesday in its first-quarter earnings report.

Last year, the SEC proposed a $50 million settlement with LPL to resolve a civil investigation of the firm's compliance with records preservation rules for business-related electronic communications stored on personal devices or messaging platforms not yet approved by the IBD.

As a result, LPL recorded a $40 million regulatory charge in the third quarter, reflecting the amount of the penalty not covered by the firm's captive insurance subsidiary.

In its 2023 annual report, the IBD said the fine was tied to "business-related electronic communications stored on personal devices or messaging platforms that we have not approved.

Other financial firms have faced similar regulatory actions.

In February, the SEC charged five broker-dealers, seven dually registered broker-dealers and investment advisors, and four affiliated investment advisors for widespread and longstanding failures by the firms and their employees to maintain and preserve electronic communications, including WhatsApp messages and texts.

The 16 firms agreed to pay combined civil penalties of more than $81 million.

LPL — which had 22,884 advisors and $1.44 trillion of client assets on its platforms as of March 31 — reported first-quarter revenue of $2.8 billion, up 7% from a year ago, and profits of $288.8 million, a jump of 33% from the first quarter of 2023.

The firm said in February that it was buying Atria Wealth Solutions, which works with 2,400 advisors, 150 banks and credit unions, and $100 billion of assets, for $805 million.

–Melanie Waddell contributed to this report.

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