SEC Proposes Partial Ban on Volume-Based Discounts for Brokers

The ban would prevent exchanges from offering volume-based pricing schemes to brokers for agency trades, a practice the SEC sees as benefitting larger broker/dealers.

The Securities and Exchange Commission proposed a new rule Wednesday that would prevent exchanges from offering preferential volume pricing or rebates for large orders from brokers, which the regulator sees as benefitting larger broker/dealers.

An SEC release stated that the proposal would “prohibit national securities exchanges from offering volume-based transaction pricing in connection with the execution of agency or riskless principal.” Riskless principle or agency trades are trades in which an exchange couples buy and sell orders together between different customers in offsetting trades.

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Exchanges that offer volume discounts for other trades must maintain anti-evasion and disclosure policies. Among other items, such exchanges must disclose “the number of members that qualify for each transaction pricing tier that the exchange offers,” and these disclosures would be made public on the SEC website.

The proposal would only cover trades executed on behalf of clients. Broker/dealers trading on their accounts would be exempt and could therefore still benefit from volume-based pricing schemes.

SEC Chairman Gary Gensler explained in the announcement that the proposal is intended to increase competition and allow smaller brokerages to better access trading markets. Gensler stated, “We have heard from a number of market participants that volume-based transaction pricing along with these market practices raise concerns about competition in the markets” because “mid-sized and smaller broker-dealers effectively pay higher fees than larger brokers to trade on most exchanges.”

Xiaoxiang Zhu, the director of the SEC’s division of trading and markets, noted at the SEC’s October 18 hearing that the proposal could reduce conflicts of interest by disincentivizing brokers from timing or bundling orders to get bulk pricing when it might not be in the best interest of their client.

SEC Commissioners Hester Peirce and Mark Uyeda both opposed the proposal. They argued that bulk pricing is a part of many markets because it incentivizes more efficient behavior, especially for transactions with fixed costs that are high relative to their unit costs.

 “When wholesalers give volume discounts to retailers, they generally do not do this out of generosity or charity; they do it because moving items in bulk may be more efficient, and the volume discounts reflect that efficiency,” Uyeda said in a statement. “In competitive markets, customers benefit from these volume discounts.”

The American Securities Association stated via email that it has “long been concerned about concentration in the equity markets and ending the discriminatory incentives that disadvantage small and mid-size market participants over larger ones, and this issue is particularly acute with volume-based rebates.”

The industry association wrote that the SEC has an obligation to “put an end to the exchanges’ monopolistic rent-seeking practices that harm America’s working families, savers, and retirees.”

The proposal was sent out for public comment by a vote of 3 to 2, with Peirce and Uyeda voting against it. The comment period will extend 60 days after the proposal is entered into the Federal Register.

Voya Adds Retirement Plan Advisement Client Management Tool

The offering is geared toward emerging- and middle-market plan sponsors; meanwhile, Fidelity announced resources for independent RIAs.

Voya Financial Inc. is targeting retirement plan advisers with a new platform to onboard and manage plan sponsor clients.

The “Advisor Dashboard” is available to advisers who have an existing book of business with Voya and are using its financial professional portal, according to a spokesperson. The firm announced that the offering is focused on plan advisers in the emerging- and middle-market segments, designed to improve the client management process and speed participant sign-up.

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The adviser-focused dashboard adds to recent investments to make the plan sponsor onboarding experience more seamless, according to Voya. The move is part of the firm’s strategy to “strengthen its position in the market to serve retirement plans of all sizes and across all segments,” according to the announcement.

At a retirement conference held by LeafHouse Financial last week, Voya’s head of wealth solutions sales noted a focus on discussing the firm’s pooled employer plan offering with advisers, as Voya sees growth potential in that offering, in particular from organizations starting their first plans.

Voya highlighted features of the dashboard, including:

  • Retirement plan onboarding milestones; outstanding items from contracting and servicing agreements; payroll; and live plan status;
  • Progress alerts for pending items, such as outstanding sponsor signatures and plan provisions; and
  • A timeline view of plans to show clients and partners.

In a separate announcement, Fidelity Investments noted Tuesday new resources to support financial advisers working with individuals on wealth management needs.

The firm noted that its research shows that about one out of every six advisers has switched firms in the past five years, with many moving to independent business models. To meet that need, Fidelity created an Independence Hub with resources to help advisers start and grow independent practices.

The Independence Hub includes a registered investment adviser tool to evaluate the potential impact on the business, as well as guidance on building the right tech stack for an advisory practice.

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