SEC Approves Amendments to Equity Trade Reporting and OATS Rules

Regulatory Notice 14-21 SEC Approves Amendments to Equity Trade Reporting and OATS Rules Effective Dates: OATS: April 7, 2014; ORF: September 15, 2014; ADF and TRFs: (millisecond reporting): September 29, 2014; ADF and TRFs (remaining amendments): First Quarter 2015   Executive Summary The Securities and Exchange Commission (SEC) has approved amendments to FINRA rules governing … Continue reading SEC Approves Amendments to Equity Trade Reporting and OATS Rules

SEC Approves Amendments to Equity Trade Reporting and OATS Rules

Regulatory Notice 14-21 Effective Dates: OATS: April 7, 2014; ORF: September 15, 2014; ADF and TRFs: (millisecond reporting): September 29, 2014; ADF and TRFs (remaining amendments): First Quarter 2015 Executive Summary The Securities and Exchange Commission (SEC) has approved amendments to FINRA rules governing the reporting of (i) over-the-counter (OTC) transactions in equity securities to … Continue reading SEC Approves Amendments to Equity Trade Reporting and OATS Rules

FINRA Regulatory Notice 15-04 Fixed Income Price Dessimination

  Executive Summary FINRA is soliciting comment on a proposal to expand dissemination of TRACE data to include additional Securitized Products, specifically, collateralized mortgage obligations (CMOs), commercial mortgage-backed securities (CMBSs) and collateralized debt obligations (CDOs). FINRA is proposing to reduce the reporting time frame for these additional Securitized Products from end-of-day to 45 minutes and, … Continue reading FINRA Regulatory Notice 15-04 Fixed Income Price Dessimination

Comment Period Ends: Proposal to Require Registration of Associated Persons Involved in the Design, Development or Significant Modification of Algorithmic Trading Strategies

Regulatory Notice 15-06 stated that FINRA is soliciting comment on a proposal to require registration as a Securities Trader of associated persons primarily responsible for the design, development or significant modification of algorithmic trading strategies, or who are responsible for supervising or directing such activities. The comment period expires May 18, 2015.

Effective Date for Amendments to TRACE rules

The SEC approved amendments to the Trade Reporting and Compliance Engine (TRACE) rules and dissemination protocols to provide for dissemination of transactions in an additional group of asset-backed securities and to reduce the time frame for reporting such transactions, other than Fixed or List Price and Takedown Transactions. Transactions in asset-backed securities effected pursuant to … Continue reading Effective Date for Amendments to TRACE rules

FINRA Comment Period Ends on Proposed Exemption to the Trading Activity Fee for Proprietary Trading Firms

Summary: On March 25, 2015, the Securities and Exchange Commission (SEC) proposed amendments to Rule 15b9-1 under the Securities Exchange Act of 1934 (SEA or Exchange Act), which currently provides many proprietary trading firms with an exemption from membership in a national securities association. If adopted, the amendments generally would require a proprietary trading firm … Continue reading FINRA Comment Period Ends on Proposed Exemption to the Trading Activity Fee for Proprietary Trading Firms

Effective Date of consolidated FINRA Rule 3110(e)

The SEC approved FINRA’s proposed rule change to adopt NASD Rule 3010(e) (Qualifications Investigated) relating to background checks on registration applicants as FINRA Rule 3110(e).  FINRA Rule 3110(e) becomes effective on July 1, 2015. 3110(e) is based in part on substantially similar provisions in NASD Rule 3010 (e) and includes new provisions relating to the … Continue reading Effective Date of consolidated FINRA Rule 3110(e)

FINRA Requests Comment on Proposed Amendments to Rules Governing Communications With the Public

FINRA is soliciting comment on proposed amendments to the FINRA rules governing communications with the public. The proposed amendments would revise the filing requirements in FINRA Rule 2210 (Communications with the Public) and FINRA Rule 2214 (Requirements for the Use of Investment Analysis Tools) and the content and disclosure requirements in FINRA Rule 2213 (Requirements … Continue reading FINRA Requests Comment on Proposed Amendments to Rules Governing Communications With the Public

Comment Period Ends: Proposed Rule Change to Amend FINRA Rule Series Regarding Temporary & Permanent Cease and Desist Orders

The SEC requested comments on a proposal to amend FINRA Rule Series 9100, 9200, 9300, 9550 and 9800 to (1) modify the evidentiary standard that must be met to impose a temporary cease and desist order; (2) adopt a new expedited proceeding for repeated failures to comply with temporary or permanent cease and desist orders; (3) ease administrative burdens in temporary cease and desist proceedings; (4) harmonize the provisions governing how documents are served in temporary cease and desist proceedings and expedited proceedings; (5) clarify the process for issuing permanent cease and desist orders; and (6) make conforming changes throughout FINRA's Code of Procedure.

Ballots Due: FINRA Board of Governors Election

Ballots for FINRA's election to fill one small firm seat, one mid-size firm seat and one large firm seat on the FINRA Board of Governors must be submitted prior to the Annual Meeting scheduled for July 30, 2015.

Comment Period Ends on Proposed Rule Change to Amend FINRA Rule 2210 (Communications with the Public)

The SEC requested public comment on a proposal to amend FINRA Rule 2210 (Communications with the Public) to require a readily apparent reference and hyperlink to BrokerCheck® on: (1) the initial webpage that the member intends to be viewed by retail investors; and (2) any other webpage that includes a professional profile of one or more registered persons who conduct business with retail investors. These requirements would not apply to a member that does not provide products or services to retail investors, or to a directory or list of registered persons limited to names and contact information.

Comment Period Ends: FINRA Request for Revised Proposal to Adopt FINRA Rule Regarding Discretionary Accounts and Transactions

FINRA has requested comments on a revised proposal to adopt the NASD and Incorporated NYSE rules regarding discretionary accounts and transactions as FINRA Rule 3260 (Discretionary Accounts and Transactions by Persons Other Than the Customer) in the consolidated FINRA rule book. In addition,he revised proposal addresses the treatment of customers’ free credit balances, sweep programs, … Continue reading Comment Period Ends: FINRA Request for Revised Proposal to Adopt FINRA Rule Regarding Discretionary Accounts and Transactions

Effective Date of FINRA Rule 2040 – Payment to Unregistered Persons

FINRA Rule 2040 ("Rule") governs the payment of transaction-based compensation by member firms to unregistered persons.  The new amendment to the Rule is effective August 24, 2015. The amended It expressly aligns the rule with Section 15(a) of the Securities Exchange Act of 1934 (SEA or Exchange Act) and its related guidance to determine whether … Continue reading Effective Date of FINRA Rule 2040 – Payment to Unregistered Persons

Effective Date of FINRA Rule 0190

FINRA Notice to Members 15-07 noted that  the effective date of Rule 0190 is August 24, 2015.  Rule 0190 is based largely on NASD IM-2420-1(a) (Transactions Between Members and Non-Members; Non-members of the Association) and provides that a member firm will be considered as a non-member of FINRA from the effective date of any order … Continue reading Effective Date of FINRA Rule 0190

Comment Period Ends: FINRA Rule 3210 replacing NASD 3050

The SEC requests comment on a proposal to adopt FINRA Rule 3210 (Accounts At Other Broker-Dealers and Financial Institutions) into the Consolidated FINRA Rulebook and to delete NASD Rule 3050, Incorporated NYSE Rules 407 and 407A and Incorporated NYSE Rule Interpretations 407/01 and 407/02. The proposed rule addresses accounts opened or established by associated persons … Continue reading Comment Period Ends: FINRA Rule 3210 replacing NASD 3050

FINRA Rule Start Date: Series 50 Exam Fee

Rule change to amend Section 4(c) of Schedule A to the FINRA By-Laws to establish an administration and delivery fee for the new Municipal Advisor Representative Examination (“Series 50 examination”). Click here for full discussion of rule change.

FINRA Revises the Series 4 Examination Program

FINRA periodically reviews the content of qualification examinations to determine whether revisions are necessary or appropriate in view of changes—including changes to the laws, rules and regulations—pertaining to the subject matter the examinations cover. Based on this review process, FINRA has revised the Registered Options Principal (Series 4) examination program. The changes are reflected in … Continue reading FINRA Revises the Series 4 Examination Program

MSRB to Raise Annual and Initial Fees

The MSRB’s current fee for initial registration under Rule A-12 is $100, an amount that has not been changed since its inception in 1975. During its fee review, the MSRB Board concluded that an increase in the initial registration fee from $100 to $1,000 was reasonable to help defray a significant portion of the administrative and operational costs associated with processing an initial registration.

Effective Date of MSRB Fee Increase

The Municipal Securities Rulemaking Board (MSRB) announced in Regulatory Notice 2015-13 that it will be raising the fees assessed to its registrants (brokers, dealers, and municipal securities dealers (collectively "dealers") and municipal advisors (collectively "regulated entities"), effective October 1, 2015.

Comment Period Ends: Proposal to Amend FINRA Rule 8312

The SEC has requests comment on a proposal to amend FINRA Rule 8312 (FINRA BrokerCheck Disclosure) to reduce the 15-day waiting period for the release of information reported on Form U5 (Uniform Termination Notice for Securities Industry Registration) through BrokerCheck. The comment period expires October 22, 2015.

Comment Period Ends: Proposal to Amend FINRA Rule 0150

The SEC requested comments on a proposal to amend FINRA Rule 0150 (Application of Rules to Exempted Securities Except Municipal Securities) so that FINRA Rule 2121 (Fair Prices and Commissions) and its Supplementary Material .01 and .02, which govern mark-ups and commissions, will apply to transactions in, and business activities relating to, exempted securities that are government securities. The comment period expires October 27, 2015.

Amendments to Trace Reports Require Firms to Identify Transactions with Non-Member Affiliates in TRACE Trade Reports – Effective Date

Amendments to the TRACE reporting rules were approved by the SEC to the to permit FINRA to implement a new contra-party type for use by firms in identifying transactions with non-member affiliates. The amendment also requires firms to separately identify transactions with non-member affiliates that occur within the same day, at the same price and … Continue reading Amendments to Trace Reports Require Firms to Identify Transactions with Non-Member Affiliates in TRACE Trade Reports – Effective Date

Effective Date – New FINRA Rules for Cease & Desist Orders

The SEC approved amendments to FINRA rules for Cease & Desist Orders. The new rules and amendments lower the evidentiary standard to impose a temporary cease and desist order (TCDO); created a new expedited proceeding for repeated failures to comply with a TCDO or a permanent cease and desist order (PCDO); harmonized the provisions governing how documents are served in temporary cease and desist and expedited proceedings; clarified FINRA’s authority to impose a PCDO; and ease FINRA’s administrative burden in temporary cease and desist proceedings. The amendments become effective on November 2, 2015.

FINRA Files Rule with SEC for Authority to Designate Firms for Mandatory Participation in FINRA’s Business Continuity/Disaster Recovery Testing

FINRA 9509 Key West Avenue, Rockville, MD, United States

As required by Regulation Systems Compliance and Integrity (Regulation SCI), FINRA has adopted new Rule 4380 related to mandatory member firm participation in business continuity and disaster recovery (BC/DR) testing. The new rule authorizes FINRA to designate firms that must participate in FINRA’s BC/DR testing under Regulation SCI, which will be conducted once per year. … Continue reading FINRA Files Rule with SEC for Authority to Designate Firms for Mandatory Participation in FINRA’s Business Continuity/Disaster Recovery Testing

Dissemination of Qualified Trade Reporting

Effective November 16, 2015, over-the-counter transactions in NMS stocks that are reported to FINRA as qualified contingent trades (QCTs) will be identified as such for purposes of public dissemination. This change affects dissemination only; firms are not required to change the way they report QCTs to FINRA.

2016 Renewals: B-D, IA – Firm, Agent & Branch

FINRA advises FINRA-registered firms that failure to remit full payment of their Preliminary Statements to FINRA by December 18, 2015, may cause the firm to become ineligible to do business in the jurisdictions where it is registered, effective January 1, 2016. FINRAregistered firms will also be subject to a late fee if payment is not received by December 18, 2015.

Comment Period Ends: FINRA’s Funding Portal Rules

SEC 100 F Street, N.E., Washington, D.C, DC, United States

The SEC requested comment on FINRA's proposal to adopt Funding Portal Rules 100, 110, 200, 300, 800, 900 and 1200 (collectively, the "Funding Portal Rules") and related forms that would apply to SEC-registered funding portals that become FINRA members pursuant to the JOBS Act and the SEC's Regulation Crowdfunding. The proposal would also adopt new FINRA Rule 4518 (Notification to FINRA in Connection with the JOBS ACT) in the FINRA rulebook. The comment period expires November 18, 2015.

Comment Period Ends: Proposed FINRA Rules Relating to Financial Exploitation of Seniors and Other Vulnerable Adults

FINRA seeks comment on proposed rules addressing the financial exploitation of seniors and other vulnerable adults. FINRA is proposing: (1) amendments to FINRA Rule 4512 (Customer Account Information) to require firms to make reasonable efforts to obtain the name of and contact information for a trusted contact person for a customer’s account; and (2) the adoption of new FINRA Rule 2165 (Financial Exploitation of Specified Adults) to permit qualified persons of firms to place temporary holds on disbursements of funds or securities from the accounts of specified customers where there is a reasonable belief of financial exploitation of these customers.

Effective Date: Amendments to Require Firms to Report Transactions in TRACE-Eligible Securities As Soon As Practicable

SEC 100 F Street, N.E., Washington, D.C, DC, United States

The SEC approved amendments to the Trade Reporting and Compliance Engine (TRACE) rules to codify that firms are required to report transactions in TRACE-eligible securities that are subject to dissemination as soon as practicable following the time of execution of the transaction. The amendment will become effective on November 30, 2015.The amended rule text is available in the online FINRA Manual.

Effective Date: Electronic Submission of Subordinated Loan Requests

FINRA 9509 Key West Avenue, Rockville, MD, United States

FINRA is launching, effective November 30, 2015, a new electronic platform on Firm Gateway for firms to submit all new requests for approval of proposed subordinated loan agreements and secured demand note agreements (referred to as subordinations), including renewals of existing agreements. This Notice discusses the electronic submission process, which will replace the current submission of subordination requests in hard copy form to FINRA.

As of November 30, 2015, all new requests must be submitted in electronic form through Firm Gateway, and FINRA will no longer accept new requests filed in hard copy form.

Comment Period Ends on Proposed FINRA Rules Amendments Related to Conversaion T+2 Settlement Cycle

Financial Industry Regulatory Authority ("FINRA")  issued Regulatory Notice  16-09, in which FINRA is seeking comments on proposed amendments to FINRA rules relating to the settlement cycle.  FINRA proposes to adopt necessary rule changes in a manner and timeline that is consistent with the SEC and other self-regulatory organizations SROs in an effort to provide the … Continue reading Comment Period Ends on Proposed FINRA Rules Amendments Related to Conversaion T+2 Settlement Cycle

Effective Date: Amendments to FINRA Rule 2340 Regarding DPP and Unlisted REIT Securities

The SEC amendments to NASD Rule 2340 (Customer Account Statements) become effective on April 11, 2016.  The amendments modify the requirements relating to the inclusion of per share  estimated values for direct participation program (DPP) and unlisted real  estate investment trust (REIT) securities on account statements, and to FINRA  Rule 2310 (Direct Participation Programs) to make corresponding … Continue reading Effective Date: Amendments to FINRA Rule 2340 Regarding DPP and Unlisted REIT Securities

FINRA Rule 2242: New Implementation Date

FINRA has extended the implementation date for FINRA Rule 2242 (Debt Research Analysts and Debt Research Reports) from February 22, 2016 to April 22, 2016.

MSRB: June 23, 2016 Effective Date of New Rule G-42

The Municipal Securities Rulemaking Board (MSRB) reminds municipal advisors that MSRB Rule G-42 on duties of non-solicitor municipal advisors and related amendments to MSRB Rule G-8 on recordkeeping become effective on June 23, 2016.  

SEC Requests Comments on Communications Rules

The SEC requests comment on FINRA's proposal to amend FINRA Rules 2210 (Communications with the Public), 2213 (Requirements for the Use of Bond Mutual Fund Volatility Ratings) and 2214 (Requirements for the Use of Investment Analysis Tools). In furtherance of the recommendations arising from FINRA's retrospective review of its communications with the public rules, the … Continue reading SEC Requests Comments on Communications Rules

MSRB Webinar: Application of MSRB Rule G-37 on Political Contributions and Prohibitions

MSRB Webinar: Application of MSRB Rule G-37 on Political Contributions and Prohibitions on Municipal Advisory Business to Municipal Advisors, and Related Amendments to MSRB Rules G-8 and G-9. During this free webinar, MSRB staff will review the new key provisions of MSRB Rule G-37 that extend requirements to municipal advisors related to their political contributions and … Continue reading MSRB Webinar: Application of MSRB Rule G-37 on Political Contributions and Prohibitions

FINRA Rule 2341 to replace NASD Rule 2830

SR-FINRA-2016-019 According to the  Rule Filing Status Report , a change to adopt NASD Rule 2830 (Investment Company Securities) as FINRA Rule 2341 (Investment Company Securities) will be implemented  as of July 9, 2016, in the consolidated FINRA rulebook without any substantive changes. FINRA also proposes to update cross-references within other FINRA rules accordingly.

FINRA Rule 2242 Clarifications

SR-FINRA-2016-017 From the Rule Filing Status Report , a change to amend FINRA Rule 2242 (Debt Research Analysts and Debt Research Reports) will be to clarify the application of the rule in four respects: (1) the consent requirement for institutional debt research reports distributed to non-U.S. investors by non-U.S. affiliates of members; (2) the consent requirement for … Continue reading FINRA Rule 2242 Clarifications

SEC Approves OATS Amendments to Require Identification of Non-FINRA Member Broker-Dealers

Beginning August 1, 2016, firms that report information to OATS will be required to include on their reports the identity of U.S.-registered broker-dealers that are not FINRA members and broker-dealers that are not registered in the U.S. but have received an SRO-assigned identifier. The identities may be reported using either the broker-dealer’s Central Registration Depository … Continue reading SEC Approves OATS Amendments to Require Identification of Non-FINRA Member Broker-Dealers

Effective Date – FINRA Rule 2273

FINRA Rule 2273  (Educational Communication Related to Recruitment Practices and Account Transfers) becomes effective November 11, 2016.  The rule establishes an obligation to deliver an educational communication in connection with firm recruitment practices and account transfers.  For more information, see  Regulatory Notice 16-18.

FINRA to Restructure Continuing Education Requirements and Qualification Exams

Proposed Rule Change to Adopt Consolidated FINRA Registration Rules, Restructure the Representative-Level Qualification Examination Program and Amend the Continuing Education Requirements Financial Industry Regulatory Authority, Inc. (“FINRA”) is filing with the Securities and Exchange Commission (“SEC” or “Commission”) a  proposed rule change to adopt with amendments the NASD and Incorporated NYSE rules relating to qualification … Continue reading FINRA to Restructure Continuing Education Requirements and Qualification Exams

FINRA Requests Comments to improve Engagement Programs

FINRA is asking for comments regarding its recently announced new initiative to evaluate various aspects of its operations and programs to identify opportunities to more effectively further its mission. As one of the first steps of this initiative, this Notice solicits comment from all interested parties on FINRA’s current engagement programs. In connection with separate … Continue reading FINRA Requests Comments to improve Engagement Programs

FINRA Updates Private Placement Filer Form

In an attempt to collect more information on private placement activity, the Financial Industry Regulatory Authority (“FINRA”) has updated the private placement filer form that member firms must use to file offering documents and information pursuant to FINRA Rules 5122 (Private Placements of Securities Issued by Members) and 5123 (Private Placements of Securities) (the "Filer … Continue reading FINRA Updates Private Placement Filer Form

FINRA Requests Comments on Rules Impacting Capital Formation

The ability of small and large businesses to raise capital efficiently is critical to job creation and economic growth. Broker-dealers play a vital role in helping businesses raise capital through the securities markets, and as a self-regulatory organization (SRO) for broker-dealers, FINRA has a variety of rules, operations and administrative processes that address their capitalraising … Continue reading FINRA Requests Comments on Rules Impacting Capital Formation

FINRA Requests Comment on FINRA Corporate Financing Rule

FINRA seeks comment on proposed amendments to FINRA Rule 5110 (Corporate Financing Rule – Underwriting Terms and Arrangements) to make substantive, organizational and terminology changes to the rule. The proposal is intended to modernize Rule 5110 and to simplify and clarify its provisions. The proposal would retain the primary principle of the rule that no … Continue reading FINRA Requests Comment on FINRA Corporate Financing Rule

FINRA Requests Comment on Equity and Debt Research Rules

FINRA seeks comment on proposed amendments to FINRA Rule 2241 (Research Analysts and Research Reports) and FINRA Rule 2242 (Debt Research Analysts and Debt Research Reports) to create a limited safe harbor for specified brief, written analysis distributed to eligible institutional investors that comes from sales and trading or principal trading personnel but that may … Continue reading FINRA Requests Comment on Equity and Debt Research Rules

Comment Period Ends on Review of Rules on Outside Business Activities and Personal Securities Transactions

The Financial Industry Regulatory Authority (“FINRA”)  announced in Regulatory Notice 17-20 that it  has identified Rules 3270 and 3280, which govern outside business activities and personal securities transactions for review. The rules govern firm employees’ business and securities activities that are carried out away from their firm – activities that are outside the regular course or … Continue reading Comment Period Ends on Review of Rules on Outside Business Activities and Personal Securities Transactions

SEC Approves New FINRA Pay-to-Play Rules

The Securities and Exchange Commission (SEC) approved FINRA Rule 2030 (Engaging in Distribution and Solicitation Activities with Government Entities) and 4580 (Books and Records Requirements for Government Distribution and Solicitation Activities) to establish pay-to-play and related rules regulating the activities of member firms of the Financial Industry Regulatory Authority (FINRA) that engage in distribution or solicitation … Continue reading SEC Approves New FINRA Pay-to-Play Rules

SEC Adopts T+2 Settlement Cycle for Securities Transactions

The Securities and Exchange Commission ("SEC") has adopted an amendment to shorten the standard settlement cycle for most broker-dealer securities transactions by one business day ("T+2").  Currently, the standard settlement cycle for these transactions is three business days, known as T+3.  The amendment to Rule 15c6-1(a) shortens the settlement cycle to two business days. The … Continue reading SEC Adopts T+2 Settlement Cycle for Securities Transactions

Investment Advisers Face Enhanced Information Reporting

The  Securities and Exchange Commission  (SEC) adopted amendments to several Investment Advisers Act rules, including the investment adviser registration data collection and reporting forms to enhance the reporting and disclosure of information by Investment Advisers.  These amendments are intended to improve the quality of information that investment advisers provide to investors and the SEC. “These … Continue reading Investment Advisers Face Enhanced Information Reporting

Rule Change to Reduce the Delay Period for TRACE

Effective October 2, 2017, FINRA is reducing the delay period applicable to Historic TRACE Data  for corporate bonds and agency debt, including Rule 144A transactions in such securities, from 18 months to six months. The text of the amendments is available in the online FINRA Manual. Historic TRACE Data provides transaction-level data for all trades reported to … Continue reading Rule Change to Reduce the Delay Period for TRACE

SEC Covered Securities Amendment to Rule 146

The Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) is adopting an amendment to Rule 146 under Section 18 of the Securities Act of 1933, as amended (‘‘Securities Act’’), to designate certain securities listed, or authorized for listing, on Investors Exchange LLC (‘‘IEX’’ or ‘‘Exchange’’) as covered securities for purposes of Section 18(b) of the Securities … Continue reading SEC Covered Securities Amendment to Rule 146

Deadline for Comments on Regulatory Notice 17-33 – Code of Arbitration

FINRA seeks comments on emerging issues facing the industry, regulatory initiatives, rulemaking proposals, and other areas of regulatory interest. When respondents are no longer in business, recovery of arbitration awards against them often is unavailing. Accordingly, FINRA is proposing to amend the Code of Arbitration Procedure for Customer Disputes (Code) to expand a customer’s options … Continue reading Deadline for Comments on Regulatory Notice 17-33 – Code of Arbitration

Deadline for Comments on Regulatory Notice 17-34 – Arbitration Procedures

FINRA seeks comments on emerging issues facing the industry, regulatory initiatives, rulemaking proposals, and other areas of regulatory interest. The FINRA Codes of Arbitration and Mediation Procedure permit compensated non-attorneys to represent clients in securities arbitration and mediation subject to certain exceptions. FINRA is conducting a review of the efficacy of continuing to allow such … Continue reading Deadline for Comments on Regulatory Notice 17-34 – Arbitration Procedures

DOL’s Fiduciary Rule Transition Period Ends

Impartial Conduct Standards During the transition period, financial institutions and advisers must comply with the "impartial conduct standards" which are consumer protection standards that ensure that advisers adhere to fiduciary norms and basic standards of fair dealing. The standards specifically require advisers and financial institutions to: Give advice that is in the "best interest" of … Continue reading DOL’s Fiduciary Rule Transition Period Ends

SEC Approves Amendments to MSRB Rule G-26 on Customer Account Transfers

The Municipal Securities Rulemaking Board (MSRB) received approval from the Securities and Exchange Commission (SEC) on July 27, 2017, to amend MSRB G-26, on customer account transfers, to modernize the rule and promote a uniform customer account transfer standard for all brokers, dealers, municipal securities brokers and municipal securities dealers (collectively, "dealers"). The amendments will … Continue reading SEC Approves Amendments to MSRB Rule G-26 on Customer Account Transfers

FINRA Requests Comments: Rule 4521 ( Notifications, Questionnaires, and Reports)

Comments are due March 8, 2018, on FINRA proposed amendments to FINRA Rule 4521 (Notifications, Questionnaires and Reports) that would require specified member firms to notify FINRA no more than 48 hours after specified events that may signal an adverse change in liquidity risk. FINRA also seeks comment on a proposed new Supplemental Liquidity Schedule … Continue reading FINRA Requests Comments: Rule 4521 ( Notifications, Questionnaires, and Reports)

FINRA Requests Comment on the Application of Certain Rules to Government Securities

FINRA is requesting comment on the application of the following rules to government securities, including U.S. Treasury securities: FINRA Rules 2242 (Debt Research Analysts and Debt Research Reports); 5240 (Anti- Intimidation/Coordination); 5250 (Payments for Market Making); 5270 (Front Running of Block Transactions); 5280 (Trading Ahead of Research Reports); 5320 (Prohibition Against Trading Ahead of Customer … Continue reading FINRA Requests Comment on the Application of Certain Rules to Government Securities

FINRA Requests Comments: Outside Business Activities Rules

Comments are due April 27, 2018, on FINRA's proposed new rule to address the outside business activities of registered persons. The proposal is the result of FINRA's recent retrospective review of FINRA's rules governing outside business activities and private securities transactions, FINRA Rule 3270 (Outside Business Activities of Registered Persons) and FINRA Rule 3280 (Private … Continue reading FINRA Requests Comments: Outside Business Activities Rules

Enhanced Disclosures planned for FINRA Rule 2232

FINRA Issues Guidance on the Enhanced Confirmation Disclosure Requirements in Rule 2232 for Corporate and Agency Debt Securities FINRA recently adopted enhanced confirmation disclosure requirements for corporate and agency debt securities.  Beginning May 14, 2018, members will be subject to the new requirements, set out in Rule 2232, concerning confirmation disclosure of mark-ups and mark-downs, time … Continue reading Enhanced Disclosures planned for FINRA Rule 2232

FINRA Rule 4530/Customer Complaint Filing Due Dates (Q3 2018)

In accordance with FINRA Rule 4530(d), each member shall report to FINRA statistical and summary information regarding customer complaints in such detail as FINRA shall specify by the 15th day of the month following the calendar quarter in which customer complaints are received by the member. For the purposes of this paragraph, "customer" includes any … Continue reading FINRA Rule 4530/Customer Complaint Filing Due Dates (Q3 2018)

SEC Request for Comments: Amendment to Single Issuer Exemption for Broker-Dealers

The SEC (Commission) is proposing an amendment to the exemption provisions in the broker-dealer annual reporting rule under the Securities Exchange Act of 1934 (“Exchange Act”). The amendment would provide that a broker-dealer is not required to engage an independent public accountant to certify the broker-dealer’s annual reports if, among other things, the securities business … Continue reading SEC Request for Comments: Amendment to Single Issuer Exemption for Broker-Dealers

SEC Request for Comments: Amendments to Rules for Nationally Recognized Statistical Rating Organizations

The Securities and Exchange Commission ("Commission") is proposing amendments to rules for nationally recognized statistical rating organizations ("NRSROs") under the Securities Exchange Act of 1934 ("Exchange Act"). The amendments would provide an exemption from a rule for NRSROs with respect to credit ratings if the issuer of the security or money market instrument referred to … Continue reading SEC Request for Comments: Amendments to Rules for Nationally Recognized Statistical Rating Organizations

FINRA Requests Comment on a Proposal to Expand OTC Equity Trading Volume Data Published on FINRA’s Website

FINRA requests comment on a proposal to expand the summary firm data relating to over-the-counter (OTC) equity trading that FINRA publishes on its website by (1) publishing on a one-month delayed basis new monthly aggregate block-size trading data for OTC trades in NMS stocks executed outside an alternative trading system (ATS); (2) publishing aggregate non-ATS … Continue reading FINRA Requests Comment on a Proposal to Expand OTC Equity Trading Volume Data Published on FINRA’s Website

SEC Request for Comment: Requirements for Security-Based Swap Dealers and Major Security-Based Swap Participants and Capital Requirements for Broker-Dealers

The Securities and Exchange Commission ("Commission") is reopening the comment period and requesting additional comment (including potential modifications to proposed rule language) on the following: proposed amendments and new rules that would establish capital and margin requirements for security-based swap dealers ("SBSDs") and major security-based swap participants ("MSBSPs") that do not have a prudential regulator, … Continue reading SEC Request for Comment: Requirements for Security-Based Swap Dealers and Major Security-Based Swap Participants and Capital Requirements for Broker-Dealers

SEC Requests Comments: Financial Disclosures about Guarantors and Issuers of Guaranteed Securities and Affiliates Whose Securities Collateralize a Registrant’s Securities

The SEC is proposing amendments to the financial disclosure requirements for guarantors and issuers of guaranteed securities registered or being registered, and issuers’ affiliates whose securities collateralize securities registered or being registered in Regulation S-X to improve those requirements for both investors and registrants. The proposed changes are intended to provide investors with material information given … Continue reading SEC Requests Comments: Financial Disclosures about Guarantors and Issuers of Guaranteed Securities and Affiliates Whose Securities Collateralize a Registrant’s Securities

FINRA Rule 4570 (Custodian of Books & Records) – Proposed Changes – Request for Comment

The SEC requests comment on FINRA's proposal to amend FINRA Rule 4570 (Custodian of Books and Records) to: (1) provide a member that is filing a Form BDW (Uniform Request for Broker-Dealer Withdrawal) the option of designating another FINRA member as the custodian of its books and records on the form; (2) clarify the obligations … Continue reading FINRA Rule 4570 (Custodian of Books & Records) – Proposed Changes – Request for Comment

Proposal to Amend FINRA Rules 12214 and 13214 in effect

Proposal to Amend FINRA Rules 12214 and 13214 to Provide That FINRA Will Pay Each Arbitrator a $200 Honorarium to Decide Without a Hearing Session a Contested Subpoena Request or a Contested Order for Production or Appearance Financial Industry Regulatory Authority, Inc. (“FINRA”) is filing with the Securities and Exchange Commission (“SEC” or “Commission”) a … Continue reading Proposal to Amend FINRA Rules 12214 and 13214 in effect

FINRA Rule 4530/Customer Complaint Filing Due Dates (Q4 2018)

In accordance with FINRA Rule 4530(d), each member shall report to FINRA statistical and summary information regarding customer complaints in such detail as FINRA shall specify by the 15th day of the month following the calendar quarter in which customer complaints are received by the member. For the purposes of this paragraph, "customer" includes any … Continue reading FINRA Rule 4530/Customer Complaint Filing Due Dates (Q4 2018)

FINRA Contact System Review

FCS facilitates member firm reporting of key contacts to FINRA, which is a requirement of FINRA rules and By-Laws. Designated firm contacts are used to facilitate voting in FINRA elections, compliance with various rules and By-Laws, and to improve FINRA's communication with our member firms. FINRA Rule 4517 requires firms to: update all contact information … Continue reading FINRA Contact System Review

Monthly & Fifth FOCUS IIA Filings (Month ending 12/31/2018)

In accordance with SEC Rule 17a-5(a)(2)(ii)-(iii), each broker/dealer registered pursuant to section 15 of the Act who clears transactions or carries customer accounts shall file Part II of Form X-17 A-5 within 17 business days after the end of the month. The fifth FOCUS filing is required for every broker or dealer who does not carry … Continue reading Monthly & Fifth FOCUS IIA Filings (Month ending 12/31/2018)

Copyright© 2024 The LeGaye Law Firm P.C.