Outside Business Activity Disclosure Form Best Practices

Outside Business Activity Disclosure Form Best Practices

When creating an outside business activity (ā€œOBAā€) disclosure form, it’s important to understand how FINRA defines an outside business activity and what information must be disclosed. Firms can request additional information however it is recommended that Firmā€™s ensure the required information is collected, reviewed and approved by the Firmā€™s designated principal. What is an Outside Business Activity? An outside business activity (ā€œOBAā€) is defined as a registered person acting as an ā€œemployee, independent contractor, sole proprietor, officer, director or partner of another person, or be compensated, or have the reasonable expectation of compensation, from any other person as a result Read more about Outside Business Activity Disclosure Form Best Practices[…]

Form U4 Disclosure Reporting Best Practices to Protect You and Your Firm

Form U4 Disclosure Reporting Best Practices to Protect You and Your Firm

The U4, also known as the Uniform Application for Securities Industry Registration or Transfer, is the primary source of information for a registered representativeā€™s (also known as ā€œbrokerā€, ā€œfinancial professionalā€, ā€œfinancial advisorsā€) Central Registration Depository (CRD) or Investment Adviser Registration Depository (IARD) record. Both the firm and the registered representative can update Form U4, but it is ultimately the registered representativeā€™s responsibility to make sure Form U4 is accurate and current. The U4 record, contains personally identifiable information about each applicant such as name, SSN, physical characteristics, address history, work experience, and education. In addition, the U4 also requires disclosure Read more about Form U4 Disclosure Reporting Best Practices to Protect You and Your Firm[…]

OBAs PSTs

OBAs and PSTs – FINRA’s Proposed Rule Change

In May of 2017, FINRA released a Retrospective Rule Review 17-20 requesting comments on the effectiveness and efficiency of its Rule 3270, Outside Business Activities (“OBAs”) of Registered Persons, and Rule 3280, Private Securities Transactions (“PSTs”) of an Associated Person. Then, in February of 2018, FINRA issued Regulatory Notice 18-08 seeking additional comments on a proposed new rule, FINRA 3290, to consolidate current FINRA Rule 3270 and current FINRA Rule 3280. The proposed rule change is a result of FINRAā€™s retrospective rule review the year before. FINRA again sought comments on streamlining and bringing the rule up to date.

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OBAs & PSTs: FINRA Seeks Comment on Proposed Rule

Last spring, FINRA began a review of its rules regarding Outside Business Activities (OBAs) and Private Securities Transactions (PSTs). The review was meant to evaluate the efficiency and efficacy of FINRA Rule 3270 (Outside Business Activities of Registered Persons) and FINRA Rule 3280 (Private Securities Transactions of an Associated Person). FINRA concluded that while Rules 3270 and 3280 are fulfilling their intended purposes, they could benefit from changes to make the rules more contemporary and present-day and to better align the goal of protecting investors with the reality of the current regulatory landscape and business practices. Based on its findings, FINRA has proposed a new rule governing OBAs and PSTs, meant to replace the current rules and reduce unnecessary burdens on member firms.

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