Reverse Churning Are You a Victim? - The Chicago Financial Planner (2024)

One of the best things about being a freelance financial writer and blogger is that I often learn new things in the course of my writing. A reader left a comment on a post here on the blog and mentioned reverse churning. Until that time, I had never heard this term, but after a bit of research I found that its’s one more thing that clients of stock brokers and registered reps need to be aware of.

The issue of reverse churning is one that will come to the forefront as the initial implementation of the DOL fiduciary rules commences next week. Here’s what you need to know about reverse churning to protect yourself and to make a good decision if your broker proposes a fee-based account.

What is churning?

Investopedia defines churning as “Excessive trading by abrokerin a client’s account largely to generatecommissions. Churning is an illegal and unethical practice that violatesSECrules and securities laws.”

Churning conjures images such as the boiler room in the movie Glengarry Glen Ross (actually they sold real estate) or the iconic 2002 ad by Charles Schwab (SCHW) in which a brokerage house manager is depicted as telling the brokers, “Let’s put some lipstick on this pig” in reference to a sub-par stock he wants them to pitch to clients.

What is reverse churning?

A 2014 piece by Daisy Maxey in The Wall Street Journal describes reverse churning as follows:

“The Securities and Exchange Commission says the practice of so-called “reverse churning”–putting investors in accounts that pay a fixed fee but generate little or no activity to justify that fee–is on its radar. Regulators will be watching for signs of double-dipping by advisers who generate significant commissions within a client’s brokerage account, then move that client into an advisory account and collect additional fees.”

This occurs in brokerage accounts that at one point generated significant commissions for the broker from the purchase and sale of individual stocks or other commission generating transactions. If the activity in the account tails off the broker makes little or nothing from this client.

As a way to generate ongoing fees from this type of client, the broker may suggest moving to a fee-based advisoryaccount, often called a wrap account.

Under this arrangement there is an ongoing fee based upon the assets in the account plus often trailing commissions in the form of 12b-1 fees from the mutual funds usually offered in this type of account. These generally include proprietary mutual funds offered by the brokerage firm, or at the very least costly actively managed funds from other fund families in share classes geared to offering broker compensation.

Fee-based is not fee-only

Fee-based is often confused with fee-only. I suspect the brokerage industry likes it this way.

Fee-only compensation means that the financial advisor earns no compensation from the sale of financial products including trailing fees and commissions. Their fees come from their clients. These can be hourly, a flat-fee or as a percentage of the assets under management.

Fee-based compensation, also called fee and commission, is a mix of the two forms of advisor compensation. A common form of the fee-based model entails the client paying the advisor to do a financial plan and then if the client chooses to have the financial advisor implement their recommendations this will often be via the sale of commission-based products.

The version with fee-based advisory accounts associated with reverse churning by brokers and registered reps arose out of a 2007 rule that prohibits the charging of fees in brokerage accounts. Many broker-dealers have a registered investment advisor (RIA) arm which runs these accounts.

The fiduciary rule

The new fiduciary rules make fee-based accounts more desirable for brokers and other fee-based advisors. These types of accounts will become even more prevalent with the disclosures required for retirement accounts under the new rules.

There has been a movement towards fee-based accounts in the brokerage world for several years now, likely in anticipation of the eventual issuance of these rules. This movement should accelerate in IRAs. In some cases, this will be a good thing as clients will fully know what they are paying in terms of fees.

In other cases, clients will find themselves paying 100basis pointsor more in wrap fees for accounts where they were formerly trading infrequently on a commissioned basis. Whether the fee-based account will be a better deal will vary.

If all they are getting is an expensive managed account filled with bad to mediocre mutual funds that charge high fees on top of the wrap fee, this is not a good deal. If the advisor does little more than collect a fee, this sounds like the definition of reverse churning based on my understanding of the term. Much will depend upon the level and types of advice clients receive for the fees they will now be paying.

Reverse Churning Are You a Victim? - The Chicago Financial Planner (2)

Buyer beware

If you are working with a stock broker or registered rep and they propose moving to a fee-based or wrap account, you should take a hard look at what you are being offered. What is the wrap fee? What types of investments are used in the account? Are they expensive actively managed mutual funds that throw off 12b-1 fees in addition to wrap fees? What is the track record of the manager of the account that the advisor is proposing? What types of advice and service will you receive for the fees you will paying?

If your broker proposes a wrap account make sure this arrangement is in your best interest.

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The Bottom Line

I can’t recall hearing about a case of churning in recent years. Reverse churning is a new term to me, but from the perspective of a broker or registered rep, fee-based advisory accounts make a ton of sense. They provide ongoing fee income and frankly require little attention from them. If your broker proposes a wrap account, make sure you understand how this arrangement benefits you the client.

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Reverse Churning Are You a Victim? - The Chicago Financial Planner (2024)

FAQs

What is reverse churning? ›

What Is Reverse Churning? Churning occurs when a broker who is paid a commission for every trade makes many trades just to boost the commission pot. Reverse churning occurs when a broker who is paid a flat fee does little or no trading to earn that fee, which is a percentage of the assets under management.

What is an example of churning in finance? ›

For example, for an actively traded mutual fund, the entire assets of the fund will be involved in buying and selling transactions once every six to twenty-four months. In churning cases, the entire assets of the investor are often traded once a month, or even more frequently.

What are some things to avoid when when looking for a financial planner? ›

To help you find the right financial advisor, here are five common mistakes to avoid when hiring a financial advisor:
  • Focusing on past performance.
  • Not understanding the difference between the fiduciary standard and suitability standard.
  • Not asking about compensation.
  • Not vetting an advisor's credentials.
Oct 6, 2020

Why a financial planner? ›

Financial planners aren't just for the wealthy. They can help those of more modest means to figure out a way to fund their children's college educations, to plan for retirement, or to make sure that their IRS bills are as manageable as possible.

Is reverse churning illegal? ›

Reverse churning and churning are both forms of fraud. As Cornell's Legal Information Institute writes: “As a matter of law, [this] is considered a violation of federal securities law proscribing fraud in connection with the purchase and sale of securities.

Why is churning illegal? ›

CHURNING / EXCESSIVE TRADING IS ILLEGAL

Churning breaches a broker's fundamental legal obligation to select “suitable” investments for the client. In so doing, it constitutes a violation of Securities and Exchange Commission (SEC) regulations and, potentially, state and federal securities laws.

What are two examples of churning? ›

Verb The motorboats churned the water. The water churned all around us. The wheels began to slowly churn.

How do you identify churning? ›

It can be measured as the percentage of customers you've lost compared, to the total customers during the given period. Churn rate is measured as a percentage, and the formula for calculating it rate is: (amount of customers you have lost ÷ total customers during a time period) x 100.

What is churning in finance ethics? ›

It occurs when a broker engages in excessive buying and selling of securities in a customer's account that is unnecessary to fulfill the customer's investment goals. By generating a large number of commissions, churning can substantially destroy the net value of an investment account in a short period of time.

What does Suze Orman say about financial planners? ›

Tip #1: Always go to the office of the planner instead of having him/her come to you. This is one way to see if a professional is neat and organized (or not). As Orman observes, a planner or advisor who can't keep his/her own items in order can't help you keep your life in order, either.

What financial advisors don t tell you? ›

10 Things Your Financial Advisor Should Not Tell You
  • "I offer a guaranteed rate of return."
  • "Performance is the only thing that matters."
  • "This investment product is risk-free. ...
  • "Don't worry about how you're invested. ...
  • "I know my pay structure is confusing; just trust me that it's fair."
Mar 1, 2024

When should you fire a financial planner? ›

Signs It May Be Time to Break Up With Your Financial Advisor
  1. They're difficult to reach. ...
  2. They're hard to understand. ...
  3. They're not easy to approach. ...
  4. They're not keeping you updated. ...
  5. They're not spending enough time with you. ...
  6. They're giving you bad advice.
Oct 11, 2023

Who is the most trustworthy financial advisor? ›

You have money questions.
  • Top financial advisor firms.
  • Vanguard.
  • Charles Schwab.
  • Fidelity Investments.
  • Facet.
  • J.P. Morgan Private Client Advisor.
  • Edward Jones.
  • Alternative option: Robo-advisors.

At what net worth should I get a financial advisor? ›

Generally, having between $50,000 and $500,000 of liquid assets to invest can be a good point to start looking at hiring a financial advisor. Some advisors have minimum asset thresholds. This could be a relatively low figure, like $25,000, but it could $500,000, $1 million or even more.

Do financial planners really help? ›

A financial advisor can help you hone in on your goals and map out a way to achieve them. This can be anything from starting to invest, buying real estate, saving for an emergency or retirement, or something else.

What is the legal definition of churning? ›

: to make (the account of a client) excessively active by frequent purchases and sales primarily in order to generate commissions NOTE: Churning is a violation of federal securities laws.

What is churning in real estate? ›

The most common churning scenario: Soon after a buyer closes on a home, rival lenders offer to refinance the mortgage. The poachers offer the unsuspecting borrower a lower interest rate, but they have to pay closing costs all over again, and perhaps some additional fees — so there is little or no real savings.

What process is churning? ›

The motions that occur in the stomach during digestion are referred to as churning movements. The churning movements of the stomach's muscular wall thoroughly combine the meal with the acidic gastric fluid.

What is churning in unit trust? ›

When a broker engages in excessive buying and selling (i.e., trading) of securities in a customer's account without considering the customer's investment goals and primarily to generate commissions that benefit the broker, the broker may be engaged in an illegal practice known as churning.

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