News & Insights

Practice Area: Securities

Finra Releases Guidance On Restricted Firm Obligations

FINRA released Notice 21-43 which answered frequently asked questions about Restricted Firm Obligations. Rule 4111, or Restricted Firm Obligations, became effective on January 1, 2022, and sets additional requirements for broker-dealers with a significant history of misconduct. Rule 4111 requires member firms that are identified as Restricted Firms deposit cash or qualified securities in a…
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Jpmorgan Fined 200 Million For Bookkeeping Failures As A Result Of Whatsapp, Texting And Other Social Media

JPMorgan Chase was recently fined $200 million for allowing employees to use their personal devices to utilize WhatsApp and other social platforms to communicate about company business and sensitive business matters. The SEC found the messages included a wide array of content, including investment strategies, client meeting and market observations. The SEC indicted that the…
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Finra’s 2022 Report On Examination And Risk Monitoring Program

FINRA has released its 2022 Report on Examination & Risk Monitoring which included new risks to monitor this year. The list includes several categories related to 2021’s meme-stock short-squeeze and its continuing fallout. Included in the report for the first time this year include: Muni Shorts & Fails, Trusted Contacts, Crowdfunding and Portals, and Margin…
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Finra Reaches Settlement With Six Member Firms Resulting In 16.8 Million In Restitution To Customers

FINRA recently announced the results of its targeted examination of Unit Investment Trust (UIT) early rollovers. The investigation resulted in settlement with six member firms, totaling $16.8 million in restitution for approximately 10,000 investors. Following its investigation into the six firms, FINRA concluded that each firm failed to reasonably supervise early rollovers of UIT’s, which…
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Finra Releases September 2021 Board Of Governors Meeting Report

FINRA Board of Governors met on September 23-24, 2021 to approve new maintaining qualifications fees and to reaffirm FINRA’s Financial Guiding Principles. The Board approved a proposal to establish a $100 annual fee for individuals who chose to complete continuing education (CE) to remain qualified to reregister with FINRA following the termination of the individual’s…
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Finra Adopts New Rules To Address Firms With A Significant History Of Misconduct

FINRA has adopted new rules specifically tailored towards firms with a significant history of misconduct. The new rules, which become effective on January 1, 2022, allow FINRA to impose new obligations on broker-dealers with significantly higher levels of risk-related disclosures than other similarly sized peers. The new rules would also apply to firms with a…
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Finra Reminds Firms Of Their Supervisory Obligations Related To Outsourcing To Third Party Vendors

In light of the fact that many member firms are increasingly using third-party vendors to perform a variety of core business functions, FINRA recently published Regulatory Notice 21-29, “FINRA Reminds Firms of their Supervisory Obligations Related to Outsourcing to Third-Party Vendors.” Regulatory Notice 21-29 reminds member firms of their obligation to establish and maintain a supervisory…
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Finra Amends Rules Associated With Private Placement Offerings

FINRA recently published Regulatory Notice 21-26, “FINRA Amends Rules 5122 and 5123 Filing Requirements to Include Retail Communications That Promote or Recommend Private Placements.” The notice amends FINRA Rules 5122 and 5123 to require additional filing requirements by member firms as it relates to the sale of private placement offerings. Both FINRA Rules 5122 (Private…
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Finra, Sec, And Nasaa Offer New Resource To Assist Securities Firms In Implementing The Training Requirements Of The Senior Safe Act

FINRA, SEC, and NASAA recently announced a new presentation intended to assist securities firms in detecting, preventing, and reporting financial exploitation of seniors pursuant to the Senior Safe Act, Section 303 of the “Economic Growth, Regulatory Relief, and Consumer Protection Act,” which was signed into law on May 24, 2018, as well as the state…
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