FINRA Rule 3110 Amendment Proposals

FINRA Rule 3110 Amendment Proposals

The Financial Industry Regulatory Authority (ā€œFINRAā€) Rule 3110 gives explicit directives on supervision of all persons related to the broker dealer in order to stay in compliance with all applicable FINRA rules and regulations. Although it takes a solid compliance program to achieve this, it has been manageable. Enter COVID-19: ā€œStay at home for two weeks to flatten the curveā€ they said. With that, employees packed up their work, and so began the lifestyle of working from home (ā€œWFHā€). The Financial Industry Regulatory Authority had to ease up on broker dealerā€™s completing branch audits during this time simply due to Read more about FINRA Rule 3110 Amendment Proposals[…]

Communication Recordkeeping in the Day of the Hybrid Workforce

Communication Recordkeeping in the Day of the Hybrid Workforce

All broker dealers have recordkeeping obligations required by Rule 17a-4(b)(4) under the Securities Exchange Act of 1934. Among the list of required obligations is communication recordkeeping. This includes incoming as well as outgoing communications with respect to the broker dealer. Further instructions were given by the Financial Industry Regulatory Authority (ā€œFINRAā€) in FINRA 11-39 and later in FINRA 17-18. This is noted because over the course of the past years, the hybrid work environment has become the norm. With this, more and more communication software and applications have become available to the public to ease the transition between working from Read more about Communication Recordkeeping in the Day of the Hybrid Workforce[…]

FINRA announces OFAC search tool is retiring.

FINRA OFAC Search Tool Retiring

Financial Industry Regulatory Authority (ā€œFINRAā€) provides an OFAC search tool that many industry member firmā€™s use as part of their onboarding process for risk-based background reviews. As of January 3, 2023, FINRAā€™s OFAC search tool will be retired. We recommend that you notify all staff that normally do OFAC checks for your Firm so they can become familiar with the OFAC tool available through the United States Department of Treasury. What is OFAC? The Office of Foreign Assets Control (OFAC) is the government agency that maintains the OFAC list. The OFAC list is a publicly available list and is made Read more about FINRA OFAC Search Tool Retiring[…]

Regulatory Notice 22-12 TRACE Amendments

Regulatory Notice 22-12 TRACE Amendments

FINRA Adopts Amendments to TRACE Reporting Rule to Require Identification of Portfolio TradesĀ  Effective May 15, 2023 if you trade in TRACE-eligible securities and those securities are part of a portfolio trade, you will be required to input an appropriate modifier. The Sale Condition 4 modifier, available via the TRAQS secure web browser and the TRACE FIX protocol (Tag 22004), will be available for this designation. Regulatory Notice 22-12 provides information on the new requirement and considerations for compliance.Ā  BackgroundĀ  FINRA has amended Rule 6730 to require members to append a new portfolio trade modifier when reporting corporate bond trades Read more about Regulatory Notice 22-12 TRACE Amendments[…]

Private Placement Best Practices from FINRA Disciplinary Actions

Private Placement Best Practices from FINRA Disciplinary Actions

FINRA (Financial Industry Regulatory Authority) publishes a monthly review of disciplinary actions taken against both firms and individuals. These disciplinary actions are useful tools to look for trends in violations and other sanctions. These trends can assist you in identifying weak areas in your Firmā€™s compliance programs or surveillance. Below is a list of a few recent actions related to unregistered offerings or private placements including links to learn more about each as well as key takeaways. Due diligence obligations in connection with private offerings- Torch Securities In summary, Torch Securities failed to establish and maintain WSPs reasonably designed to Read more about Private Placement Best Practices from FINRA Disciplinary Actions[…]