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Regulation and Compliance > Federal Regulation > FINRA

RBC to Pay $75K for Excessive Sales Charges

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The Financial Industry Regulatory Authority has censured and fined RBC Capital Markets $75,000 for failing to provide mutual fund sales charge waivers and fee rebates to certain clients.

The clients were entitled to the fee breaks through rights of reinstatement offered by mutual fund companies. A right of reinstatement allows mutual fund investors to repurchase shares within a specified period after redeeming them without paying additional sales charges, or to recoup all or part of a contingent deferred sales charge.

According to FINRA’s order, as a result of RBC’s supervisory deficiencies from January 2016 to at least December 2023, the brokerage firm did not provide over 1,450 accounts with rights of reinstatement benefits and customers paid $264,939 in excess sales charges and fees.

RBC violated FINRA Rules 3110 and 2010.

RBC consented to FINRA’s sanctions.

During the relevant period, RBC’s system that provided customers with rights of reinstatement benefits on eligible transactions was not reasonably designed in several respects, FINRA said.

“The fiirm’s oversight of discounts available through rights of reinstatement relied on an automated alert that was set to identify transactions in which a customer liquidates a position in a fund family and then purchases back into the same family at a later date,” the order explains.

“Through at least December 2021, the alert parameters were set so that the alert would only trigger when the principal of the transaction was more than $1,000,” the order states.

“The parameters were also set so the alert would trigger only when a right of reinstatement window was for 100 days or less. Thus, the alert was not designed to, and did not, capture all transactions eligible for reinstatement privileges.”

For instance, “approximately 80% of trades missing a right of reinstatement benefit between January 2016 and December 2021 were trades where the alert did not trigger because the transaction was for less than $1,000 in principal, or involved a right of reinstatement entitlement window greater than 100 days,” FINRA said.

The firm also, at times, “failed to reasonably review alerts that did trigger to ensure that eligible customers were credited with reinstatement privileges,” according to the order.

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