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Guidance

We offer guidance to firms in the form of podcasts, webinars, FAQs, reports, and more. Use the toggle below to find guidance by topic, type or date. 

A B C D E F G I L M N O P Q R S T V
Guidance

Representations under Rules 5130 and 5131 may be obtained electronically through a mobile application, provided that the method for obtaining representations complies with SEC and FINRA guidance regarding the use of electronic communications, and the representations satisfy the requirements set forth in Rules 5130 and 5131.


December 11, 2017

Lawrence Cohen
Of Counsel
Gordon Rees Scully Mansukhani, LLP
111 W. Monroe Street, Suite 1600
Phoenix, AZ 85003

December 11, 2017
Report / Study

Introduction

FINRA’s examination program plays a central role in supporting FINRA’s mission of investor protection and market integrity. A main component of this program is FINRA’s examinations of broker-dealers (“firms” or “members”) that are conducted on a regular cycle basis: each firm is examined at least once every four years, and many are examined even more frequently. In connection with each of these examinations, FINRA prepares a report—which is available only to the relevant firm—addressing certain aspects of the firm’s compliance with securities rules and regulations.

December 06, 2017
FAQ

1. What’s new?

Beginning with the 2018 program, FINRA is partnering with Georgetown University’s McDonough School of Business to deliver the FINRA Institute at Georgetown Certified Regulatory and Compliance Professional (CRCP)® program.

2. Why is FINRA making this change?

December 06, 2017
Guidance

Following the terrorist attacks of September 11, 2001, Congress passed the USA PATRIOT Act, in part, to strengthen the anti-money laundering (AML) and counter-terrorist financing provisions of the Bank Secrecy Act (BSA) and extend them to broker-dealers. Among other provisions, the BSA requires firms to monitor for, detect and report suspicious activity to the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN).

December 01, 2017
Technical Documentation
FINRA observed some firms that engaged in institutional sales of fixed income securities frequently did not comply with certain key TRACE reporting rules—FINRA Rules 6730(a)(7),23 6730(b)(1) and (2),24 and 6730(c)(8)
December 01, 2017
Report / Study

FINRA Rule 2111 states that a “member or an associated person must have a reasonable basis to believe that a recommended transaction or investment strategy involving a security or securities is suitable for the customer, based on the information obtained through the reasonable diligence of the member or associated person to ascertain the customer’s investment profile.” In addition, FINRA Rule 3110 obligates firms to establish and maintain a system to

December 01, 2017
Guidance
Cybersecurity is one of the principal operational risks facing broker-dealers. Recent revelations regarding successful attacks at a number of different entities underscore the need for firms to be vigilant in addressing cybersecurity threats.
December 01, 2017
Report / Study
As trading in the U.S. securities markets has become more automated, the potential impact of a trading error or a rapid series of errors—caused by a computer or human error, or a malicious act—has become more severe.
December 01, 2017
Notice
FINRA Provides Guidance to Firms Regarding Anti- Money Laundering Program Requirements Under FINRA Rule 3310 Following Adoption of FinCEN’s Final Rule to Enhance Customer Due Diligence Requirements for Financial Institutions
November 21, 2017
Targeted Examination Letter

November 2017

The Trading & Financial Compliance Examinations (TFCE) section of the Market Regulation Department (Market Regulation) at the Financial Industry Regulatory Authority, Inc. (FINRA) is conducting a review of [FIRM] concerning the impact the receipt of order routing inducements, such as payment for order flow and maker-taker rebates, has on the Firm’s [equities and options] order routing practices and decisions. As part of this review, TFCE requests that the Firm provide complete and detailed responses to the following:

November 10, 2017
Podcast
It may not be possible to predict when the next natural disaster will take place. What you can count on is that when it happens, scammers will try to take advantage of the situation. These tips will help you spot and avoid investment scams.
September 20, 2017
FAQ
View frequently asked questions and guidance about covered agency transactions under FINRA rule 4210 and frequently asked questions regarding SEA Rule 15c3-1 and Rule 15c3-3.
September 18, 2017
Guidance
Find Advertising Regulation guidance on what and when to file that is related to new member firms and existing member firms.
September 01, 2017
Compliance Tools
Small Firm Resources for OATS
August 31, 2017
Podcast
In this podcast, FINRA busts four common myths about online trading.
August 29, 2017
A Few Minutes With FINRA
Dave Kelley explains common cybersecurity program deficiencies related to vendor management, branch-level controls and data protection. (7 min. 45 sec.)
July 24, 2017
Video
FINRA President and CEO Robert Cook and Chairman of the Board Jack Brennan review rulemaking and other matters discussed at FINRA's May Board of Governors meeting.
July 18, 2017
A Few Minutes With FINRA
Dave Kelley talks about formalizing the oversight of a firm's cyber program and strengthening controls around access to data and systems. (6 min. 24 sec.)
July 17, 2017
Podcast
In this podcast, FINRA provides tips for making the most of your retirement savings and getting your full employer match each year.
July 13, 2017
A Few Minutes With FINRA
Susan Axelrod and Dave Kelley discuss common deficiencies FINRA staff see during examinations of firm's cybersecurity programs. (6 min. 34 sec.)
July 10, 2017
Guidance
On-Demand Recording: Phone-In Workshop | Original Program Date: June 8, 2017
June 27, 2017
Investor Education
In this podcast, FINRA explains the basics of lending to Uncle Sam through treasury securities
June 16, 2017
Interpretive Letter
A member firm may include related performance information in institutional communications concerning continuously offered closed-end funds, subject to the stated conditions discussed in the letter.
June 12, 2017
Podcast
In this podcast, FINRA explains the key investing concepts of return and rate of return.
May 24, 2017
Video
FINRA President and CEO Robert Cook and Chairman of the Board Jack Brennan review rulemaking and other matters discussed at FINRA's May Board of Governors meeting.
May 10, 2017