The Montana Commissioner of Securities and Insurance's Authority
Montana Attorney General Austin Knudsen and the Montana Commissioner of Securities and Insurance have jurisdiction under the Montana Securities Act (MCA §30-10-101 et seq.) to investigate broker-dealer conflicts.
The Harm Requiring Regulatory Response
Montana's rural retail investor population has limited access to financial advice and relies heavily on national discount brokers, all of which route orders through Citadel Securities.
What State Regulators Should Do
The Montana Commissioner of Securities and Insurance, Securities Division, in coordination with the Montana Attorney General's office, should:
- Open an investigation into whether broker-dealers serving Montana residents are meeting best execution obligations under state securities law
- Issue a formal inquiry to major PFOF-dependent brokers about their routing arrangements with Citadel Securities and the execution quality they achieve for Montana residents
- Contact NASAA to explore multistate coordination
- Issue investor education guidance about PFOF practices and how Montana investors can protect themselves
- Consider rulemaking under state securities law to require enhanced disclosure of PFOF arrangements affecting Montana retail investors
Contacting the Montana Commissioner of Securities and Insurance
Montana investors and advocates can contact the Montana Commissioner of Securities and Insurance, Securities Division at https://csi.mt.gov to report concerns and request regulatory action on PFOF practices affecting Montana residents.