According to FINRA, NexPoint Securities, Inc. was censured, fined $50,000, and required to comply with certain undertakings for conducting a securities business while failing to maintain required net capital.
The firm's net capital deficiencies ranged from $8,511 to $1,486,435 during the relevant period. These deficiencies occurred because of accounting misclassifications: the firm incorrectly treated deferred tax assets and federal tax prepayments as liabilities rather than as non-allowable assets, and misclassified commissions receivable from affiliate mutual fund sales as allowable assets rather than non-allowable assets.
These misclassifications caused the firm to overstate its net capital, masking the fact that it was operating below required minimums. Net capital requirements exist to ensure that broker-dealers maintain sufficient liquid assets to meet their obligations to customers and creditors.
The firm also failed to maintain accurate books and records and filed 14 inaccurate FOCUS (Financial and Operational Combined Uniform Single) reports with FINRA. These reports are critical regulatory filings that allow FINRA to monitor the financial health of member firms.
Additionally, the firm failed to file required notices of its net capital declines with FINRA and the SEC. These notification requirements exist to alert regulators when firms may be experiencing financial difficulties.
The firm's supervisory failures were also cited. Its supervisory system and written supervisory procedures did not include guidance on how net capital computations should be performed, despite the firm's historical net capital deficiencies.
For investors, this case illustrates the importance of a firm's financial stability. Broker-dealers that operate below required net capital levels may not have sufficient resources to meet their obligations. Investors can check a firm's financial condition through FINRA's BrokerCheck system and should be cautious about firms with a history of financial or compliance issues.