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FINRA

FINRA

FINRA

The Financial Industry Regulatory Authority is a private American corporation that acts as a self-regulatory organization that regulates member brokerage firms and exchange markets.

Controls:

Rules governing the ethical conduct and principles of trade for FINRA member firms and associated persons.

  • Commercial Honor and Principles of Trade (Rule 2010) - FINRA.C1.1

    A member; in the conduct of its business; shall observe high standards of commercial honor and just and equitable principles of trade.

  • Know Your Customer (Rule 2090) - FINRA.C1.2

    Every member shall use reasonable diligence; in regard to the opening and maintenance of every account; to know; and retain the essential facts concerning; every customer.

  • Suitability (Rule 2111) - FINRA.C1.3

    A member or associated person must have a reasonable basis to believe that a recommended transaction or investment strategy is suitable for the customer.

  • Customer Account Information (Rule 4512) - FINRA.C1.4

    Firms must maintain current and accurate account information for customers.

  • Borrowing From or Lending to Customers (Rule 3240) - FINRA.C1.5

    Prohibits borrowing from or lending to customers unless specific conditions are met and firms have written procedures.

Rules establishing requirements for supervisory systems; compliance programs; and internal controls for member firms.

  • Supervision (Rule 3110) - FINRA.C2.1

    Each member shall establish and maintain a system to supervise the activities of its associated persons that is reasonably designed to achieve compliance with applicable securities laws and regulations; and with FINRA rules.

  • Written Supervisory Procedures (WSPs) - FINRA.C2.1.1

    Establish; maintain; and enforce written supervisory procedures (WSPs) tailored to the firm's business activities.

  • Designated Supervisors - FINRA.C2.1.2

    Designate qualified persons with authority to carry out supervisory responsibilities.

  • Supervisory Review of Communications - FINRA.C2.1.3

    Review and approve all incoming and outgoing written and electronic correspondence related to the firm's business.

  • Internal Inspections - FINRA.C2.1.4

    Conduct periodic internal inspections of offices of supervisory jurisdiction and branch offices.

  • Supervision of Remote Offices - FINRA.C2.1.5

    Establish specific procedures for the supervision of associated persons working from remote locations.

  • Supervisory Control System (Rule 3120) - FINRA.C2.2

    Requires firms to test and verify their supervisory procedures and provide a report to senior management.

  • Annual Compliance Meeting (Rule 3110.08) - FINRA.C2.3

    Conduct an annual compliance meeting for all registered persons.

  • Annual Certification of Compliance (Rule 3130) - FINRA.C2.4

    Chief Executive Officer (CEO) and Chief Compliance Officer (CCO) must certify annually that the firm has processes in place to establish; maintain; review; test; and modify WSPs reasonably designed to achieve compliance.

  • Customer Complaint Handling (Rule 4513) - FINRA.C2.5

    Establish and maintain a system for the review and retention of customer complaints.

  • Anti-Money Laundering (AML) Compliance Program (Rule 3310) - FINRA.C2.6

    Develop and implement a written AML program reasonably designed to achieve compliance with the Bank Secrecy Act and implementing regulations; including customer identification; suspicious activity reporting; and ongoing training.

  • AML Independent Testing - FINRA.C2.6.1

    Conduct an independent test of the AML compliance program.

  • AML Training - FINRA.C2.6.2

    Provide ongoing training to appropriate personnel on AML requirements.

  • Cybersecurity Controls - FINRA.C2.7

    Implement controls to protect customer data and firm systems from cyber threats; aligning with FINRA's guidance on cybersecurity.

  • Business Continuity Plans (BCP) - FINRA.C2.8

    Maintain and test a BCP reasonably designed to permit the firm to resume operations promptly in the event of an emergency.

Rules governing content standards and approval processes for communications with retail and institutional customers.

  • Communications with the Public (Rule 2210) - FINRA.C3.1

    All communications with the public must be based on principles of fair dealing and good faith; be fair and balanced; and provide a sound basis for evaluating the facts.

  • Approval and Recordkeeping - FINRA.C3.1.1

    Require principal approval and recordkeeping for certain categories of communications.

  • Content Standards - FINRA.C3.1.2

    Ensure communications are not misleading; contain required disclosures; and are consistent with ethical standards.

  • Social Media Guidelines - FINRA.C3.1.3

    Implement specific policies and procedures for the use of social media by associated persons.

  • Options Communications (Rule 2220) - FINRA.C3.2

    Specific rules for advertisements; sales literature; and educational materials for options.

  • Investment Company Share Communications (Rule 2210) - FINRA.C3.3

    Specific requirements for communications regarding investment company shares (e.g.; mutual funds).

Rules outlining the requirements for maintaining accurate and accessible books and records.

  • Books and Records Requirements (Rule 4511) - FINRA.C4.1

    A member shall make and preserve books and records as required by FINRA rules and applicable securities laws.

  • Record Retention - FINRA.C4.1.1

    Retain records for the prescribed periods (e.g.; 3 or 6 years; easily accessible for 2 years).

  • Electronic Recordkeeping - FINRA.C4.1.2

    Ensure electronic records are preserved in a non-rewriteable; non-erasable format (WORM) and are readily accessible.

  • Customer Account Records (Rule 4512) - FINRA.C4.2

    Maintain specific records related to customer accounts; including new account forms and order tickets.

  • Email and Instant Message Retention - FINRA.C4.3

    Retain and supervise all business-related electronic communications.

Rules governing the registration and qualification requirements for firms and associated persons.

  • Registration Requirements (Rule 1210) - FINRA.C5.1

    Associated persons engaging in the investment banking or securities business must be registered with FINRA and qualified by examination.

  • Form U4 Filings - FINRA.C5.1.1

    Ensure accurate and timely filing of Form U4 for registration.

  • Continuing Education (CE) - FINRA.C5.1.2

    Ensure compliance with regulatory and firm element CE requirements.

  • Firm Registration (Rule 1010) - FINRA.C5.2

    Firms must apply for and maintain FINRA membership.

  • Outside Business Activities and Private Securities Transactions (Rule 3270 & 3280) - FINRA.C5.3

    Associated persons must provide written notice and/or receive approval for outside business activities and private securities transactions.

  • Registered Representative Background Checks - FINRA.C5.4

    Conduct thorough background checks on all registered representatives.

Rules specific to trading activities; market integrity; and reporting.

  • Best Execution (Rule 5310) - FINRA.C6.1

    Exercise reasonable diligence to ascertain the best market for a security and buy or sell in that market so that the resultant price to the customer is as favorable as possible.

  • Trade Reporting and Compliance Engine (TRACE) - FINRA.C6.2

    Report over-the-counter transactions in eligible fixed income securities to TRACE.

  • Order Audit Trail System (OATS) - FINRA.C6.3

    Record and report information relating to the execution of equity securities to OATS.

  • Market Manipulation (Rule 5210) - FINRA.C6.4

    Prohibits engaging in or facilitating any manipulative or deceptive device; contrivance; scheme; or artifice.

  • Short Interest Reporting (Rule 4560) - FINRA.C6.5

    Report aggregate short positions in all customer and proprietary accounts.

  • Information Barriers (Rule 2241) - FINRA.C6.6

    Establish; maintain; and enforce written policies and procedures reasonably designed to prevent the misuse of material; nonpublic information.

Rules pertaining to net capital; customer protection; and financial reporting.

  • Net Capital Rule (SEC Rule 15c3-1) - FINRA.C7.1

    Maintain minimum net capital as required by SEC rules.

  • Customer Protection Rule (SEC Rule 15c3-3) - FINRA.C7.2

    Safeguard customer securities and funds; including maintaining proper reserve accounts.

  • Financial Reporting (Rule 4521) - FINRA.C7.3

    Submit accurate and timely financial reports to FINRA and other regulators.

  • Custody of Customer Funds and Securities - FINRA.C7.4

    Ensure proper segregation and handling of customer funds and securities.

  • Capital Calculations and Monitoring - FINRA.C7.5

    Perform accurate daily capital calculations and continuous monitoring to ensure compliance.