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ARTICLE · 05 JANUARY 2022

Representative Settles Charges For Improper Sales Of "Steepeners"

Hogan Lovells Cadwalader
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Hogan Lovells Cadwalader

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A registered representative settled charges for suitability rule violations.

United StatesFinance and Banking

A registered representative settled charges for suitability rule violations.

FINRA alleged that the representative advised clients to purchase "steepeners" - financial instruments that typically pay interest at an above-market rate at the beginning of the term and eventually transition to a floating interest rate that is less than the term rate. FINRA previously cautioned against recommending steepeners on the basis that they are "too difficult to understand" for clients, have potential for extended periods of time with little to no interest, and generally do not have a liquid secondary market.

FINRA found that the representative recommended that the client purchase the steepeners without fully understanding the risks, including the potential for no interest to be paid if the yield curve flattens. FINRA found that the representative violated FINRA Rule 2111 ("Suitability"), which requires a "reasonable basis to believe that a recommended transaction or

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