Letter to Members
Securities and Exchange Commission (SEC) Rule 17a-5(d)(1)(i) requires every broker or dealer registered pursuant to Section 15 of the Act of 1934 to file a certified annual audit no later than 60 calendar days from their designated fiscal year end. A completed SEC form X-17A-5, Part III, which is a document used to identify annual audit reports must accompany your annual audit. Note that the form contains space for your firm's name and address, the name and address of your accountant, the oath or affirmation, and a checklist of items included in the report.
In adopting the annual audit facing page, the SEC reminded broker/dealers filing this report that they can receive confidential treatment for all parts other than the statement of financial condition. Member firms desiring such confidential treatment should review the provisions of subparagraph (e)(3) of SEC Rule 17a-5. Any portion that you wish to be treated as confidential should be bound separately from the statement of financial condition.
Upon completion of your report, copies must be filed at the regional office of the Commission for the region in which the broker or dealer has its principal place of business, the Commission's principal office in Washington, DC, the principal office of the designated examining authority for the broker or dealer, and with the Securities Investor Protection Corporation ("SIPC") if the broker or dealer is a member of SIPC. Copies to FINRA are to be submitted through the Firm Gateway Portal in Portable Document Format (PDF). This requirement is applicable to annual audit reports with a fiscal year end on or after September 30, 2011. Please refer to Regulatory Notice 11-46 for further information about the new filing process.
If your firm is unable to meet the filing deadline due to exceptional circumstances, you may request an extension by writing the appropriate District Office of FINRA no later than three business days prior to the filing deadline. For more details, please refer to NASD Notice to Members 01-54.
It is important that a copy of the report also be retained in your files. Questions concerning this information may be directed to your assigned Regulatory Coordinator. See the Annual Audit Automation – Getting Started (PDF 492 KB) document for instructions on how to submit your Annual Audit in PDF format.