From May 2022 through May 2024, Penserra sent approximately 41,000 inaccurate trade confirmations to its customers, which either (1) contained an average price disclosure when the trade was a single execution at a single price; or (2) failed to disclose that the price identified was, in fact, an average price. As a result, Penserra violated Rule 1Ob-10 of the Securities Exchange Act of 1934, and FINRA Rules 2232 and 2010.

Between April 2018 and September 2022, APFS failed to calculate the per account fees for customers enrolled in its Bank Deposit Program (Sweep Program) according to the formula in disclosure documents that it distributed to Sweep Program customers. As a result, APFS’s communications with those customers inaccurately represented how the firm calculated its fees. The firm also did not disclose that it retained surplus interest earned from customers’ funds.