Rules and Regulations Archives - Page 3 of 25

Customer Complaint Report

Posted on May 27, 2022 by admin

The Customer Complaint Report is a quarterly report that displays trends in complaints reported to FINRA’s Rule 4530 Application each quarter, pursuant to FINRA Rule 4530. When a customer complaint is submitted to FINRA, the submitter must identify the product and problem classification detailed in the complaint. The report allows a firm to see their complaints in two views, by problem identified in the complaint and by product for which the complaint was submitted. Navigating the Customer Complaint Report The complaints by problem view is displayed by default. To see complaints submitted by product, choose Product from the Views drop-down Read more about Customer Complaint Report[…]

Crowdfunding Enforcement Lessons Learned

Posted on May 20, 2022May 20, 2022 by admin

FINRA (Financial Industry Regulatory Authority) announced on May 4, 2022, that it fined two FINRA registered funding portals, a combined $1.75 million for failing to comply with securities laws and rules designed to protect investors in the crowdfunding space. These news releases are useful tools to look for trends in enforcement, violations, and other sanctions. These trends can assist you in identifying weak areas in your Firm’s compliance programs or surveillance. Below is a summary of the Wefunder and StartEngine matters, as well as key takeaways. Click here for the corresponding news release. Summary of Findings from Wefunder Enforcement: From Read more about Crowdfunding Enforcement Lessons Learned[…]

Customer Account Transfer

Posted on May 13, 2022May 13, 2022 by admin

From time to time, customers may look to move their account to a new brokerage firm for a wide variety of reasons, such as better or wider variety of services or lower costs. It may also be that the customer has learned the broker is under investigation by regulators or has apparently committed rule violations in connection with the account. Whatever the reason, your firm must respect customer account transfer instructions. Automated Customer Account Transfer Service (ACATS) This can be accomplished by using the Automated Customer Account Transfer Service or ACATS for short. The receiving member firm will initiate the Read more about Customer Account Transfer[…]

Customer Complaints (FINRA Rule 4513)

Posted on May 6, 2022 by admin

FINRA Rule 4513 defines a “customer complaint” as any grievance by a customer or any person authorized to act on behalf of the customer involving the activities of the member or a person associated with the member in connection with the solicitation or execution of any transaction or the disposition of securities or funds of that customer. Customer complaints that are made in person or over the phone are not within the scope of this rule, however, it is still prudent for members to address these complaints so that they do not escalate further. If a complaint is resolved to Read more about Customer Complaints (FINRA Rule 4513)[…]

Outside Business Activity Disclosure Form Best Practices

Posted on April 29, 2022 by admin

When creating an outside business activity (“OBA”) 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 Firm’s ensure the required information is collected, reviewed and approved by the Firm’s designated principal. What is an Outside Business Activity? An outside business activity (“OBA”) is defined as a registered person acting as an “employee, 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[…]

FINRA Announces Rule 4111 (Restricted Firm Obligations) Evaluation Date

Posted on April 15, 2022 by admin

In an Information Notice released February 1, 2022, FINRA announced the first “Evaluation Date” for the new Rule 4111 (Restricted Firm Obligations) on June 1, 2022. Rule 4111 went into effect on January 1, 2022, and addresses firms with a significant history of misconduct. More specifically, it requires member firms that are identified as Restricted Firms to deposit cash or qualified securities in a segregated, restricted account; adhere to specified conditions or restrictions; or comply with a combination of such obligations. Rule 4111 Rule 4111 establishes a multi-step, annual process through which FINRA will determine whether a member firm raises Read more about FINRA Announces Rule 4111 (Restricted Firm Obligations) Evaluation Date[…]