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.
Rules governing the ethical conduct and principles of trade for FINRA member firms and associated persons.
A member; in the conduct of its business; shall observe high standards of commercial honor and just and equitable principles of trade.
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.
A member or associated person must have a reasonable basis to believe that a recommended transaction or investment strategy is suitable for the customer.
Firms must maintain current and accurate account information for customers.
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.
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.
Establish; maintain; and enforce written supervisory procedures (WSPs) tailored to the firm's business activities.
Designate qualified persons with authority to carry out supervisory responsibilities.
Review and approve all incoming and outgoing written and electronic correspondence related to the firm's business.
Conduct periodic internal inspections of offices of supervisory jurisdiction and branch offices.
Establish specific procedures for the supervision of associated persons working from remote locations.
Requires firms to test and verify their supervisory procedures and provide a report to senior management.
Conduct an annual compliance meeting for all registered persons.
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.
Establish and maintain a system for the review and retention of customer complaints.
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.
Conduct an independent test of the AML compliance program.
Provide ongoing training to appropriate personnel on AML requirements.
Implement controls to protect customer data and firm systems from cyber threats; aligning with FINRA's guidance on cybersecurity.
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.
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.
Require principal approval and recordkeeping for certain categories of communications.
Ensure communications are not misleading; contain required disclosures; and are consistent with ethical standards.
Implement specific policies and procedures for the use of social media by associated persons.
Specific rules for advertisements; sales literature; and educational materials for options.
Specific requirements for communications regarding investment company shares (e.g.; mutual funds).
Rules outlining the requirements for maintaining accurate and accessible books and records.
A member shall make and preserve books and records as required by FINRA rules and applicable securities laws.
Retain records for the prescribed periods (e.g.; 3 or 6 years; easily accessible for 2 years).
Ensure electronic records are preserved in a non-rewriteable; non-erasable format (WORM) and are readily accessible.
Maintain specific records related to customer accounts; including new account forms and order tickets.
Retain and supervise all business-related electronic communications.
Rules governing the registration and qualification requirements for firms and associated persons.
Associated persons engaging in the investment banking or securities business must be registered with FINRA and qualified by examination.
Ensure accurate and timely filing of Form U4 for registration.
Ensure compliance with regulatory and firm element CE requirements.
Firms must apply for and maintain FINRA membership.
Associated persons must provide written notice and/or receive approval for outside business activities and private securities transactions.
Conduct thorough background checks on all registered representatives.
Rules specific to trading activities; market integrity; and reporting.
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.
Report over-the-counter transactions in eligible fixed income securities to TRACE.
Record and report information relating to the execution of equity securities to OATS.
Prohibits engaging in or facilitating any manipulative or deceptive device; contrivance; scheme; or artifice.
Report aggregate short positions in all customer and proprietary accounts.
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.
Maintain minimum net capital as required by SEC rules.
Safeguard customer securities and funds; including maintaining proper reserve accounts.
Submit accurate and timely financial reports to FINRA and other regulators.
Ensure proper segregation and handling of customer funds and securities.
Perform accurate daily capital calculations and continuous monitoring to ensure compliance.