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Some RCAP Sales Agreements Reinstated; Schwab, Fidelity Ease Ban

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RCS Capital Corp. (RCAP) said late Monday that about 25% of its selling agreements have been reinstated by broker-dealers and RIAs. Meanwhile, Schwab and Fidelity have resumed some product sales tied to RCAP.

RCS Capital, a sister company of American Reality Capital Properties (ARCP), which reported $23 million in accounting errors in late October and then drew regulatory scrutiny to itself and other firms founded and led by Nicholas Schorsch, also says it’s raised more than $260 million in new product sales via its distribution operations, including Hatteras Funds and Strategic Capital.

The company explains that 70-plus selling agreements “have been reinstated to date, representing approximately 25% of the total agreements suspended since October 30, 2014.” RCS Capital currently has 1,041 active selling agreements and works with over 325 broker-dealers and RIAs to distribute alternative investment solutions.

In terms of its relationships with custodial and clearing firms, RCAP says two such firms have lifted suspensions.

A Fidelity spokesperson told ThinkAdvisor that it lifted the restriction on new purchase subscriptions for the RCS-affiliated nontraded REIT and nontraded business development company (BDC) securities, after suspending new sales of these products on Nov. 10.

However, sales of nontraded Cole REITs “will remain suspended to new purchases on the platform,” according to Fidelity.

As for Schwab, it has lifted its sales suspension of Hatteras and American Realty Capital (ARC) Phillips Edison, but is “still reviewing Cole and other ARC strategies.”

Despite the fact that three-quarters of its broker-dealer and RIA sales agreements remain suspended, RCS Capital executives remain upbeat.

“We believe the continued and steady reinstatement of selling agreements is reflective of not only the strength of the RCS Capital platform, but the confidence advisors and their clients have in the broad array of financial solutions we distribute,” said CEO Michael Weil, in a statement.

“Investors, we believe, remain confident in the direct investment and mutual fund products we distribute as evidenced by the steady increase in sales volume throughout November,” added Bill Dwyer, CEO of Realty Capital Securities, in a statement.

According to Dwyer, the group has had over 75,000 face-to-face meetings, more over 1 million calls and distributed at least 500,000 investor kits this year. “The steady and continual reinstatement of our products by our selling group members and the over 1,000 current active selling agreements, will help ensure that retail clients continue to have access to the diverse portfolio of alternative investments we offer,” he said.

Last week, RCAP and ARCP said they settled their differences regarding the sale of certain Cole Capital assets. As a result, RCAP is set to pay its sister firm a “negotiated break-up fee” that includes a cash payment of $32.7 million and two-year promissory note worth $15.3 million.

RCAP had agreed to a $700 million deal with ARCP in late October that included Cole Capital’s private-capital management operations, as well as subadvisory agreements and wholesale arrangements related to five Cole Capital nontraded real estate investment trusts. However, after ARCP revealed its accounting mistakes, RCAP said the deal was over, and ARCP sued its sister firm in the Delaware Court of Chancery.

RCAP’s operations include Cetera Financial Group, which is led by Larry Roth and includes over 9,000 independent advisors. 


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