Some of the brokerage transactions you make are just simple broker transactions. In many instances, the broker may be acting as a principal, selling you a security from his inventory, or perhaps buying the security into his inventory.
That could actually represent a very short period, an in-and-out transaction with another party. Nevertheless, the broker is technically not a broker but a dealer.
That is legal provided his markup is reasonable. In many instances a 5% markup is not acceptable when the security is traded in a liquid market.
The Financial Industry Regulatory Authority or FINRA has been attempting to fine tune the activity. (See the Earl J. Weinreb NewsHole® comments and @BusinessNewshole at Twitter.)
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