Tr?id=566623520170033&ev=PageView&noscript=1

FINRA and SEC Officials Reveal Common Pitfalls in Reg BI Exam Sweeps

Posted on May 31st, 2022 at 8:50 AM
FINRA and SEC Officials Reveal Common Pitfalls in Reg BI Exam Sweeps

From the Desk of Jim Eccleston at Eccleston Law:

Regulators have announced their intention to increase the frequency of examinations as they continue to discover spotty compliance even after Regulation Best Interest (“Reg. BI”) became effective two years ago. 

Recent examinations have exposed “overly generic” firm policies with other firms “sort of just telling advisors what the rule requirements are”, according to Nicole McCafferty, senior director of the FINRA National Cause and Financial Crimes Detection Programs. According to McCafferty, some firms continue to struggle with adhering to Reg BI, which requires firms to show they are making recommendations to retail clients with “reasonable diligence, care, and skill”. Additionally, numerous firms are relying on the premise that their clients are “high net worth” or “speculative”, which sits outside of Reg BI’s intended scope. 

Reg BI became effective in June 2020, and it restricted advisors from putting their own interests ahead of the interests of their clients. The SEC also plans to release three more Reg BI bulletins that further outline the regulator’s ambition to reduce conflicts of interests and emphasize the importance of considering reasonably available investment alternatives for clients, according to a recent statement by SEC Chairman Gary Gensler. 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, regulatory and disciplinary matters.

 
 

Tags: eccleston law, sec, finra

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

Fantastic news!!!!  Your professionalism, support and expertise were greatly appreciated.  You made a difficult situation much more bearable.

Marci M.

LATEST NEWS AND ARTICLES

1783615970 Law
July 9, 2026
FINRA Suspends Former Branch Manager for Supervisory Failures Linked to Excessive Trading and Churning

A former regional branch manager at a broker-dealer has agreed to Financial Industry Regulatory Authority (FINRA) sanctions after the regulator found that he failed to supervise registered representatives who engaged in excessive trading and churning of customer accounts.

1783525964 Law
July 8, 2026
SEC Sanctions David Lerner Associates for Regulation Best Interest Violations

David Lerner Associates has agreed to settle Securities and Exchange (SEC) charges alleging violations of Regulation Best Interest (Reg BI) that resulted in unnecessary costs to retail investors, according to InvestmentNews.

1783434190 Law
July 7, 2026
Private Credit Funds Face Mounting Redemption Pressure as Investor Sentiment Shifts

A surge in investor redemption requests has intensified pressure on private credit funds, raising concerns about liquidity and long-term stability across the asset class, as reported by The Wall Street Journal.