Rules and Regulations Archives - Page 4 of 25

Changes to FINRA Rule 2165: Financial Exploitation of Specified Adults

Posted on April 1, 2022 by admin

FINRA has adopted amendments to Rule 2165 (Financial Exploitation of Specified Adults) to permit member firms to: (1) place a hold on a securities transaction (in addition to the already-permitted hold on a disbursement of funds or securities) where there is a reasonable belief of financial exploitation; and (2) extend a temporary hold on a disbursement or transaction for an additional 30 business days, beyond the current maximum of 25 business days (for a total of 55 business days), if the member firm has reported the matter to a state regulator or agency, or a court of competent jurisdiction. The Read more about Changes to FINRA Rule 2165: Financial Exploitation of Specified Adults[…]

Considerations for FinCEN 314(a) Policies and Procedures

Posted on March 25, 2022 by admin

The Financial Crimes Enforcement Network (FinCEN) is a program under Rule 31 CFR Part 1010.520 that requires certain financial institutions to search their records and identify if they have responsive information with respect to the particular investigative subject. This provides a service to law enforcement by providing an additional layer to help locate financial assets and recent transactions of individuals, entities, and organizations engaged in or reasonably suspected, based on credible evidence, of engaging in terrorist acts or money laundering activities. Who is required to perform FinCEN reviews? Currently, only broker-dealers are subject to FinCEN program 314(a) requirements. Registered investment Read more about Considerations for FinCEN 314(a) Policies and Procedures[…]

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

Posted on March 22, 2022 by admin

The U4, also known as the Uniform Application for Securities Industry Registration or Transfer, is the primary source of information for a registered representative’s (also known as “broker”, “financial professional”, “financial advisors”) 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 representative’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[…]

Amendments to FINRA Rules for Security-Based Swaps

Posted on March 4, 2022 by admin

In an effort to clarify the rules regarding security-based swaps (SBS), FINRA has adopted amendments to rules 0180, 4120, and 4220. FINRA had previously adopted temporary relief from the application of most FINRA rules to SBS (Rule 0180), in tandem with temporary exemptive orders issued by the SEC relating to the definition of SBS as securities, as well as an interim pilot program with respect to margin requirements for transactions in CDS held in an account at a member (Rule 4240). These rules expire on February 6, 2022, and April 6, 2022, respectively. Amendments to Rule 0180 FINRA has adopted Read more about Amendments to FINRA Rules for Security-Based Swaps[…]

SEC Rule 17f-2: Fingerprinting Of Securities Industry Personnel

Posted on February 25, 2022 by admin

Under SEC Rule 17F-2, every member of a national securities exchange, broker, dealer, registered transfer agent and registered clearing agency, and national securities association (as well as others), shall require that each of its partners, directors, officers, and employees be fingerprinted and submit appropriate and complete fingerprint cards to FINRA. FINRA then transmits these fingerprints and identifying information to the FBI to identify and process, consistent with protocols and requirements established by the Attorney General. Who is Required to be Fingerprinted? SEC Rule 17f-2 requires that the following associated persons be fingerprinted: Persons applying for registration. A fingerprint card must Read more about SEC Rule 17f-2: Fingerprinting Of Securities Industry Personnel[…]

The 5% Rule (FINRA Rule 2121)

Posted on February 11, 2022 by admin

FINRA Rule 2121, also known as the 5% rule or 5% policy, was adopted to ensure that the investing public receives fair treatment and is charged reasonable rates for brokerage services. The 5% rule is more of a guideline than a rule, as there is no set limit for the amount you can charge as a markup. While 5% was the suggested limit for markups in the past, with how liquid and efficient markets are today, charging around 5% will lead to greater scrutiny from regulators. When Does Rule 2121 Apply? Rule 2121 applies to non-exempt securities in both the Read more about The 5% Rule (FINRA Rule 2121)[…]