Advertising Regulation

Firms, in general, must comply with FINRA Rule 2210 when communicating with the public, including communications with retail and institutional investors. The rule establishes standards for the content, approval, recordkeeping and filing of communications with FINRA.

FINRA’s Advertising Regulation Department reviews firms’ advertisements and other communications with the public to ensure they are fair, balanced, not misleading and comply with the standards of the SEC, MSRB and SIPC advertising rules. The department reviews more than 100,000 communications every year that are submitted either as required by FINRA’s rules or voluntarily by firms.

After reviewing the communications, the department provides firms with written commentary and if it finds egregious violations of the rules, the staff will instruct a firm to cease using the communication and may refer the matter for disciplinary action.

Categories of Communications

There are three categories of firm communications defined and regulated by FINRA Rule 2210.

  • Retail communication involves any written communication, including electronic, distributed or made available to more than 25 retail investors within any 30 calendar-day period.
  • Correspondence consists of the above but is limited to 25 or fewer retail investors.
  • Institutional communication means any written communication, including electronic, distributed or made available only to institutional investors, such as banks, insurance companies and registered investment companies, among others. A firm’s internal communications are not covered by this definition.

Learn the filing and approval requirements of each communication category.

Targeted Examinations

FINRA’s Advertising Regulation Department periodically reviews communications that have not been previously filed or subject to the filing requirements from select groups of firms. These targeted exams, or sweeps, generally target areas of regulatory concern, such as a new type of product, or an investor protection issue such as how a firm is using social media (e.g. Facebook, Twitter, LinkedIn, blogs) in the conduct of its business.

If a review reveals any rule violations, the department will provide a written Review Letter to the firm and look into the preparation and use of the material. It also may refer the matter for disciplinary action.

Submitting Communications for Review

Firms can file communications for review via Advertising Regulation Electronic Files (AREF), an online application. In addition, firms can use AREF to view, print and save the department’s review letters. The vast majority of communications are filed electronically through AREF. However, firms still wishing to submit hard copies must use the Filing Cover Sheet.

For more details about the system, please see the Advertising Regulation Electronic Files page.

Titlesort descendingTypeDate
Advertising Regulation ConferenceIndustry02-23-2015
2014 Advertising Regulation ConferenceEducation10-12-2014
Regulatory Notice 14-35
FINRA Requests Comment on a Revised Proposal to Adopt Consolidated FINRA Rule 2231 (Customer Account Statements)
Regulatory Notice 14-30
SEC Approves Amendments to FINRA Rule 2210 to Exclude Research Reports on Exchange-Listed Securities From Filing Requirements and Clarify the Standards Applicable to Free Writing Prospectuses
Regulatory Notice 14-24
April 2014 Supplement to the Security Futures Risk Disclosure Statement
Regulatory Notice 14-19
FINRA Requests Comment on a Revised Proposal to Require a Hyperlink to BrokerCheck in Online Retail Communications With the Public
Regulatory Notice 14-14
FINRA Requests Comment on the Effectiveness and Efficiency of its Communications With the Public Rules
FINRA Fines LPL Financial LLC $950,000 for Supervisory Failures Related to Sales of Alternative InvestmentsNews Release03-24-2014
Regulatory Notice 14-11
SEC Approves Amendments to Uniform Branch Office Registration Form (Form BR)
Regulatory Notice 14-10
SEC Approves New Supervision Rules
FINRA Fines Berthel Fisher and Affiliate, Securities Management & Research, $775,000 for Supervisory Failures Related to Sales of Non-Traded REITs and Leveraged and Inverse ETFsNews Release02-23-2014
FINRA Orders Stifel, Nicolaus and Century Securities to Pay Fines and Restitution Totaling More Than $1 Million for Unsuitable Sales of Leveraged and Inverse ETFs, and Related Supervisory DeficienciesNews Release01-08-2014
Regulatory Notice 13-45
FINRA Reminds Firms of Their Responsibilities Concerning IRA Rollovers
Suitability: Effective PracticesPodcast12-16-2013
FINRA Fines Oppenheimer $675,000 and Orders Restitution of More Than $246,000 for Charging Unfair Prices in Municipal Securities Transactions and for Supervisory ViolationsNews Release12-08-2013
FINRA Orders J.P. Turner to Pay More Than $700,000 in Restitution for Unsuitable Sales of Leveraged and Inverse ETFs and for Excessive Mutual Fund SwitchingNews Release12-04-2013
Regulatory Notice 13-34
FINRA Requests Comment on Proposed Funding Portal Rules and Related Forms
Communications with the Public: Retail and IRA Fee DisclosurePodcast10-14-2013
Communications With the Public: Real Estate Investment ProgramsPodcast07-22-2013
Regulatory Notice 13-23
FINRA Provides Guidance on Disclosure of Fees in Communications Concerning Retail Brokerage Accounts and Individual Retirement Accounts
Electronic Communications with the Public – Part 2Podcast06-09-2013
Electronic Communications with the Public – Part 1Podcast05-28-2013
LPL to Pay $9 Million for Systemic Email Failures and for Making Misstatements to FINRANews Release05-20-2013
Regulatory Notice 13-18
FINRA Provides Guidance on Communications With the Public Concerning Unlisted Real Estate Investment Programs
Interpretive Letter to Bradley J. Swenson, ALPS Distributors, Inc.Rule Letter04-21-2013