Live Updates

Kestra Advisory Services, LLC

AI Analysis

The SEC instituted and settled an administrative proceeding against Kestra Advisory Services, LLC for failing to provide full and fair disclosure of compensation paid to an affiliated broker and predecessor firm, and for failing to maintain adequate compliance policies and procedures. The order matters because it is a concrete enforcement example of how the SEC applies fiduciary-duty, conflict-of-interest disclosure, and compliance-program requirements under the Advisers Act to dual-registrant/affiliate compensation structures.

Key dates

2021-07-09
SEC announced and settled the Kestra Advisory Services administrative proceeding
2021-07-09 Deadline
Order required payment of disgorgement, prejudgment interest, and civil penalty within ten days of entry of the order

Suggested considerations

  • Compliance teams may wish to review whether client disclosures describe all forms of affiliated compensation, revenue sharing, and other economic benefits that could influence recommendations.
  • Firms should consider whether Form ADV narratives, client agreements, and supervisory documentation are consistent on affiliate compensation and conflict disclosure.
  • Dual registrants may wish to map advisory and brokerage compensation streams in their conflict inventories to confirm that material conflicts are captured and escalated.
  • Firms should consider whether written compliance policies and procedures are tailored to actual business practices, rather than existing only in generic form.
  • Compliance functions may wish to test whether supervisory reviews can detect compensation arrangements that create disclosure obligations under the Advisers Act.
  • Wealth management organizations may wish to assess training for advisers and supervisors on when affiliate compensation and shared revenue arrangements must be disclosed to clients.

What changed

This was not a new rulemaking; it was an SEC enforcement order applying existing requirements under Sections 206(2) and 206(4) of the Investment Advisers Act of 1940 and Rule 206(4)-7. The Commission found that Kestra AS failed to disclose two types of compensation received by its affiliated broker-dealer and predecessor firm, including compensation tied to conflicts of interest, and that clients therefore lacked material information needed to assess those conflicts. The SEC also found that the firm failed to adopt and implement written compliance policies and procedures designed to prevent the violations, and the order required the firm to cease and desist, was censured, and was subject to monetary sanctions.

Compliance impact

The SEC treated the disclosure failure as a fiduciary-duty issue and paired it with a compliance-program failure, signaling that incomplete conflict disclosure and weak written procedures can trigger material sanctions. The order imposed disgorgement, prejudgment interest, a civil penalty, and cease-and-desist relief, showing the potential consequences of affiliate compensation conflicts not being

Who is affected

  • Registered investment advisers
  • Dual registrants
  • Affiliated broker-dealers
  • Wealth management firms
  • Broker-dealer / adviser complexes
  • Compliance teams overseeing conflicts of interest and fiduciary disclosures
  • Investment Advisers Act of 1940 Section 206(2)
  • Investment Advisers Act of 1940 Section 206(4)
  • SEC Rule 206(4)-7

AI-generated analysis. May contain errors or omissions — verify with the original SEC source before acting. Full disclaimer.

What the SEC said

Kestra Advisory Services, LLC

Published by SEC . Read the full notice at the source for the authoritative text.

Relevant Firm Types

Asset ManagerBroker DealerWealth ManagerAll Firms
View Original on SEC Back to Feed

Share this update