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SEC Begins Review of FINRA Proposal on Performance Projections

May 27, 2026

Features

  • SEC Begins Review of FINRA Proposal on Performance Projections
    The SEC issued an order instituting proceedings on Tuesday to determine whether to approve or disapprove a proposed rule change to amend FINRA Rule 2210 (Communications with the Public). The proposal is intended to better align the regulatory requirements for broker dealers that present performance projections or targeted returns in written communications to investors with those for investment advisers. FINRA is considering the comments received so far and anticipates submitting a response to comments as well as amendments in the near future.
     
  • Modernized AREF Platform Launching Soon
    As part of FINRA Forward, FINRA will launch a modernized Advertising Regulation Electronic Filings (AREF) platform on June 1. The updated system is fully integrated into FINRA Gateway, providing firms with a streamlined submission and review experience alongside their other regulatory activities, including a refreshed user interface, improved integrations across FINRA systems, and more robust task management capabilities. Firms that use AREF to file communications for review will be transitioned to the new system on that date. A navigation guide and video walkthrough are available on FINRA.org to help firms prepare ahead of the launch.
     
  • FINRA Launches Private Placement Information Page
    In response to stakeholder feedback from FINRA Forward, FINRA published a private placement information page to increase transparency in the broker-sold retail private placement market. The published information stems from our review of member firm filings made pursuant to Rules 5122 (Private Placements of Securities Issued by Members) and 5123 (Private Placements of Securities).
     
  • FINRA To Extend TRF Operating Hours
    FINRA’s Trade Reporting Facilities (TRFs) will expand their operating hours to align with the proposed CTA and UTP Plan amendments to extend the operating hours of the Securities Information Processors. Starting Dec. 6, they will operate from 9 p.m. Eastern Time (ET) Sunday through 8 p.m. ET Friday, with a one-hour technical pause from 8 p.m. ET to 9 p.m. ET, Monday through Thursday, excluding holidays. FINRA will publish a series of regulatory notices to inform members of the new TRF operating hours. Firms may sign up for TRF-related notifications via the FINRA Email Subscription Service page by accessing the “Equities” subscription list under the “Market Transparency” section. If you have any questions, please contact FINRA Business Services.
     
  • Cyber Alert: GitHub Security Incident
    Member firms should be aware of a security incident that poses potential risks to organizations using GitHub cloud repository products. We recommend sharing this Cyber Alert with appropriate information technology and information security personnel—as well as with any third-party vendors that might use GitHub—to identify whether your firm is impacted and take immediate steps to protect your environments.
Regulatory Reminders
  • TRACE Transition to Native FIX: FINRA is transitioning from our legacy FIX Protocol platform to a new Native FIX platform for TRACE trade reporting. We anticipate retiring all TRACE legacy FIX reporting late in the fourth quarter. 
     
  • Proposal to Improve Price Transparency in TRACE: FINRA filed a proposed rule change with the SEC on April 22 that would expand the existing non-member affiliate—principal transaction indicator in TRACE to also suppress certain member-to-member affiliate transactions from public dissemination. Comments are due to the SEC today, May 27.
     
  • Outside Activities Proposal: The SEC instituted proceedings to determine whether to approve or disapprove FINRA’s amended proposal to streamline and reduce unnecessary burdens regarding existing requirements that address the outside activities of member firms' associated persons. Comments are due to the SEC today, May 27, and rebuttal comments are due to the SEC by June 10.
     
  • Proposal to Facilitate Capital Formation: The SEC on April 23 instituted proceedings to determine whether to approve or disapprove FINRA’s proposed rule changes to streamline aspects of the corporate financing process. Comments were due to the SEC by May 19, and rebuttal comments are due to the SEC by June 2.
     
  • New Intraday Margin Standards: FINRA adopted new intraday margin standards to replace in their entirety the outdated day trading margin requirements, including the day trade count requirements for designating a customer as a “pattern day trader” and the $25,000 pattern day trader minimum equity requirement. The effective date of the amendments is June 4. Members who need more time to implement the rule change will be permitted to phase in their implementation over a period of 18 months, until Oct. 20, 2027. FINRA published Reg. Notice 26-11 announcing updated interpretations of FINRA Rule 4210 (Margin Requirements) to guide members in implementing the new intraday margin standards.
     
  • Proposal to Amend Short Interest Reporting Framework: FINRA proposed amendments to our short interest reporting framework to enhance transparency and strengthen regulatory oversight of SEC Regulation SHO compliance. Comments are due to the SEC by June 8.
     
  • TRACE Reporting for BD/IAs: FINRA has amended Rule 6730 to allow firms that operate as both broker-dealers and investment advisers (BD/IAs) to report allocations of aggregate orders to multiple managed customer accounts in a single TRACE report, rather than submitting separate reports for each account allocation. The optional streamlined reporting alternative takes effect June 8.
     
  • Board of Governors Election: FINRA will hold a Board election on July 13 for a small firm seat and a large firm seat.
     
  • New Member Application: FINRA has introduced technological enhancements to the New Member Application (Form NMA). The enhanced Form NMA is now available through FINRA Gateway. The legacy version of the form will retire on July 15.
     
  • Rule 605 Designated Participant Authorization Form: In mid-June, FINRA will introduce an updated Rule 605 Designated Participant Authorization Form reflecting changes in connection with the amendments to SEC Rule 605 that will take effect on Aug. 1. All firms required to produce Rule 605 reports that wish to designate FINRA as their Designated Participant under the Rule 605 NMS Plan must complete this new form.
     
  • TRF Operating Hours: FINRA’s Trade Reporting Facilities (TRFs) will extend their operating hours. Starting Dec. 6., they will operate from 9 p.m. ET Sunday through 8 p.m. ET Friday, with a one-hour technical pause from 8 p.m. ET to 9 p.m. ET, Monday through Thursday, excluding holidays.

Disciplinary Actions

  • FINRA publishes disciplinary actions to remind members of specific conduct that violates FINRA rules and may result in disciplinary action. The May 2026 Monthly Disciplinary Actions are available here.
Education and Compliance Programs

Webinar: From Red Flags to Real Results: How Regulators and Firms Stop Elder Financial Exploitation | June 2 | Virtual Event

FINRA Crypto Applied Learning Program | June 2-4 | In-Person Event | Washington, DC | Registration Closed

Financial Crimes Spotlight Webinar: Imposter Scams | June 11 | Virtual Event

Webinar: Navigating Ransomware | June 16 | Virtual Event

Decision Simulation: Ransomware Response | June 30 | Virtual Event

FINRA Certified Regulatory and Compliance Professional (CRCP)® Program Week I | July 12-17 | In-Person Event | Washington, DC

U.S. Department of the Treasury's Large Position Reporting Rules Workshop 2026 | June 26 | Virtual Event

Webinar: AI Adoption in Practice: Supervision | July 29 | Virtual Event

Financial Crimes and Cybersecurity Conference | Aug. 10-11 | Hybrid Event | New York, NY

Advertising Regulation Conference | Oct. 15-16 | Hybrid Event | Washington, DC

FINRA Small Firm Conference | Oct. 27-28 | In-Person Event | Chicago, IL

FINRA Certified Regulatory and Compliance Professional (CRCP)® Program Week II | Nov. 15-20 | In-Person Event | Washington, DC

Crypto and Blockchain Education Program Foundational E-Learning Courses | Self-Paced

Resources

Member Firm Hub – Latest guidance, resources, educational opportunities and more.

FINRA Forward – An overview of our work in action for becoming more effective and efficient at pursuing our mission is available on FINRA.org. The webpages include information and videos about our efforts to modernize our rules, empower member firm compliance, and combat cyber and fraud threats.

Quarterly Regulatory Policy Agenda – An overview of our current priorities, including recently approved or adopted rule changes, for significant regulatory policy initiatives.

Comment ProcessOn-demand webinar on how to provide comments on FINRA Forward proposals, as well as the impact of comment letters and how they are used. 

Involvement and Election Process – How to engage with FINRA to help carry out our mission of protecting investors and safeguarding market integrity. Members can contribute their unique perspectives and skillsets with rotating terms on FINRA committees and other opportunities. Submit an indication of interest to be considered to join a FINRA advisory committee or speak at a FINRA event by clicking here.

Membership Application Program (MAP) Tools – Guidance and other resources to help current members prepare for their continuing membership application (CMA) and new applicants prepare for a new member application (NMA). 

FINRA Unscripted – Monthly podcast on a range of topics important to FINRA members and other stakeholders. 

Investor Insights – Feature articles on timely topics for investors, which firms are welcome to share with customers.

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About FINRA
FINRA is a not-for-profit organization dedicated to investor protection and market integrity. FINRA regulates one critical part of the securities industry—member brokerage firms doing business with the public in the U.S. FINRA, overseen by the SEC, writes rules, examines for and enforces compliance with FINRA rules and federal securities laws, registers broker-dealer personnel and offers them education and training, and informs the investing public. In addition, FINRA provides surveillance and other regulatory services for equities and options markets, as well as trade reporting and other industry utilities. FINRA also administers a dispute resolution forum for investors and brokerage firms and their registered employees. For more information, visit www.finra.org.
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