FINRA Expected to Address Retail Investor Exposure to Complex ETFs

Posted on May 10th, 2022 at 1:21 PM
FINRA Expected to Address Retail Investor Exposure to Complex ETFs

From the Desk of Jim Eccleston at Eccleston Law:

The Financial Industry Regulatory Authority (FINRA) recently requested comments on whether stricter measures ought to be implemented to curb retail investor access to complex ETFs. 

Market players are apprehensive as the crackdown could restrict investor access to leveraged and inverse products as well as cryptocurrency-linked funds and defined-outcome strategies. FINRA is evaluating whether to require a “knowledge check” for retail investors as well as a mandate to seek FINRA approval for the advertising of complex ETFs. Further, FINRA is seeking to restrict push notifications on digital devices and increase supervision of investment recommendations. “Whenever you single out a certain group of products, especially when you call them complex, it scares people”, according to Bruce Bond, chief executive officer at Innovator, which oversees $6.8 billion across a portfolio primarily composed of defined-outcome ETFs. 

Current regulations initially were adopted when most investors accessed the markets through their financial professionals. However, FINRA is evaluating whether the current regulations protect “self-directed” retail investors, who primarily trade commission-free. FINRA is not the only regulatory body attempting to address complex ETFs. The International Organization of Securities Commissions launched an initiative last month to revise its ETF principles and good practices it had adopted in 2013. Additionally, the Securities and Exchange Commission (SEC) announced last October that it is evaluating whether to strengthen the rules pertaining to leveraged and inverse ETFs. 

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

 
 

Tags: eccleston law, finra, etfs

Return to Archive

TESTIMONIALS

Previous
Next

Thank You from the bottom of our hearts for all you have done for us. When we realized this was a very bad investment - we did not know where to turn for help. Then we received your name. When we called you - you were so kind to us and then agreed to help us. For this we are so very grateful. The world would be a much nicer place if there were more people like the two of you in it. We will always remember all the help and kindness you have shown us. Thank you so very very much for everything.

Wayne and Judy S.

LATEST NEWS AND ARTICLES

July 26, 2024
Kentucky Advisor Sues LPL Financial for Alleged Corporate Raid

A Kentucky advisor, Mark Lamkin, has filed a lawsuit against LPL Financial, claiming the independent broker-dealer orchestrated a corporate raid that resulted in the loss of his firm’s entire book of managed assets.

July 25, 2024
FINRA Plans Fee Increases Amid Rising Costs and Losses

The Financial Industry Regulatory Authority (FINRA) has announced plans to raise fees for its approximately 3,300 broker-dealer member firms. According to AdvisorHub, the self-regulator faces soaring costs, as detailed in its annual report published at the end of June.

July 24, 2024
Raymond James Settles with Oregon Over Excessive Commissions

Raymond James recently settled a case with Oregon's Division of Financial Regulation (“DFR”), agreeing to pay nearly $200,000 over allegations of charging excessive commissions to retail investors.