LPL to Pay Up to $2.5M in Nontraded REITs Case

The violations took place between 2006 and 2009 in Massachusetts

More On Legal & Compliance

from The Advisor's Professional Library
  • Using Solicitors to Attract Clients Rule 206(4)-3 under the Investment Advisors Act establishes requirements governing cash payments to solicitors. The rule permits payment of cash referral fees to individuals and companies recommending clients to an RIA, but requires four conditions are first satisfied.
  • U.S. Securities and Exchange Commission Information This information sheet contains general information about certain provisions of the Investment Advisers Act of 1940 and selected rules under the Adviser’s Act.  It also provides information about the resources available from the SEC to help advisors understand and comply with these laws and rules.

On Wednesday, Massachusetts regulators ordered the independent broker-dealer LPL Financial (LPLA) to pay up to $2 million to investors who had bought shares of nontraded real estate investment trusts (REITs) and pay a $500,000 administrative fine.

The case, which was announced in in December, concerns close to 600 transactions of nontraded REITS that took place between 2006 to 2009, valued at about $28 million. The Enforcement Division in the Massachusetts Securities Division noted that 36 trades worth about $2.1 million were made in violation of prospectus rules and asset-concentration limitations.

In 33 of the 36 cases, advisors affiliated with LPL Financial and operating in the state broke the asset-concentration limits. In the other three cases, the sales were made in excess of net-worth restrictions, which limit investors 70 and younger to holding a maximum of 20% of their net worth in alternative investments and those older than 70 to holding a maximum of 10% of their net worth in such products.

“LPL worked cooperatively with the commonwealth of Massachusetts to appropriately resolve all of the issues raised, and we are glad to put this matter behind us,” said a spokesperson in a statement. "Under the terms of the consent agreement, certain customers, at their discretion, will have an opportunity to sell their shares of nontraded REITs to LPL or its designee for the price they originally paid.  We remain committed to ensuring that our clients and the investing public are well served now and in the future.”

LPL CEO Mark CasadyThere are currently 13,352 FAs affiliated with LPL, which is led by Mark Casady (right).

The Massachusetts regulator says it received complaints from multiple investors—including at least one who was 70 years old at the time—who had bought shares of Inland American Real Estate Trust, Cole Credit Property Trust II, III and 1031 Exchange; Wells Real Estate Investment Trust II, W. P. Carey Corporate Property Associates 17 and Dividend Capital Total Realty.

Also on Wednesday, LPL Financial released its fourth-quarter and full-year 2012 earnings, as well as plans to restructure certain operations via outsourcing and other measures. It disclosed that it added more than 500 advisors to its network, mainly in the hybrid-RIA channel.

Reprints Discuss this story
This is where the comments go.