The Utah Division of Securities's Authority
Utah Attorney General Derek Brown and the Utah Division of Securities have authority under the Utah Uniform Securities Act (Utah Code Ann. §61-1-1 et seq.) to investigate broker-dealer practices.
The Harm Requiring Regulatory Response
Utah's tech sector ('Silicon Slopes') has created a growing population of retail investors. Utah's strong culture of financial planning and investment makes retail investors particularly vulnerable to undisclosed PFOF harms.
What State Regulators Should Do
The Utah Division of Securities, Department of Commerce, in coordination with the Utah Attorney General's office, should:
- Open an investigation into whether broker-dealers serving Utah 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 Utah residents
- Contact NASAA to explore multistate coordination
- Issue investor education guidance about PFOF practices and how Utah investors can protect themselves
- Consider rulemaking under state securities law to require enhanced disclosure of PFOF arrangements affecting Utah retail investors
Contacting the Utah Division of Securities
Utah investors and advocates can contact the Utah Division of Securities, Department of Commerce at https://securities.utah.gov to report concerns and request regulatory action on PFOF practices affecting Utah residents.