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SEC Expands "Dealer" Definition to Capture Liquidity Providers

Introduction - On 6 February 2024, the US Securities and Exchange Commission (SEC) voted 3-2 to adopt two new rules that significantly expand the definitions of a “dealer” and “government securities dealer” in Sections...more

Stay on Target: FINRA Proposes Rules Permitting Presentation of Performance Projections and Targets

The regulation of broker-dealer communications is delegated to the Financial Industry Regulatory Authority, Inc. (FINRA), while investment adviser advertisements are regulated directly by the US Securities and Exchange...more

FINRA Considers Limiting Self-Directed Investors' Ability to Invest in Certain Exchange-Traded Funds, Mutual Funds and Closed-End...

On 8 March 2022, the Financial Industry Regulatory Authority, Inc. (FINRA) issued Notice to Members No. 22-08 (NtM 22-08) to “remind members of their sales practice obligations” for complex products and options and to...more

Full Speed Ahead on Regulation Best Interest and Form CRS

June 30 Implementation Deadlines & FINRA Proposes Rule Changes to Align with Regulation Best Interest - Introduction - On April 2, 2020, U.S. Securities and Exchange (“SEC”) Chairman Jay Clayton announced that the original...more

Links to Regulatory Materials

SEC ADOPTING RELEASES - New Regulation Best Interest: Title: Regulation Best Interest: The Broker-Dealer Standard of Conduct....more

FINRA Relaxes Restrictions on Pre-Inception Performance Data

Introduction - On January 31, 2019, the Financial Industry Regulatory Authority, Inc. (“FINRA”) issued an interpretive letter (the “2019 Letter”) extending previously issued guidance by permitting passively managed...more

Fiduciary Standard Reform - The SEC Enters the Ring

An investment professional who provides advice to an investor who has a 401(k), an annuity, and a brokerage account is subject to regulation by no less than five regulators: the Securities and Exchange Commission...more

FINRA Requests Comment on Rules Governing Outside Business Activities and Private Securities Transactions

The Financial Industry Regulatory Authority (“FINRA”) recently issued a notice requesting comments on the effectiveness and efficiency of its Rules 3270 (Outside Business Activities of Registered Persons) and 3280 (Private...more

Social Media Update: FINRA Releases Additional Guidance on Social Networking Websites and Business Communications

On April 25, 2017, the Financial Industry Regulatory Authority, Inc. (“FINRA”) released a Regulatory Notice titled Social Media and Digital Communications: Guidance on Social Networking Websites and Business Communications...more

FINRA Requests Comment on Proposed Amendments to Rules Governing Communications with the Public

Introduction - On February 10, 2017, the Financial Industry Regulatory Authority, Inc. (“FINRA”) requested comments on proposed amendments to Rule 2210 (Communications with the Public) to allow performance projections in...more

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