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

FINRA Issues FAQ On Senior Exploitation Rules

Posted on March 9th, 2022 at 12:58 PM
FINRA Issues FAQ On Senior Exploitation Rules

From the Desk of Jim Eccleston at Eccleston Law:

The Financial Industry Regulatory Authority (FINRA) has released a frequently asked questions (FAQ) guidance on new rules the regulator has enforced pertaining to financial exploitation of seniors. FINRA recently amended Rule 2165 (Financial Exploitation of Specified Adults) to permit broker-dealers to:

  • place a hold on a securities transaction (in addition to the already permitted hold on a disbursement of funds or securities) where there is a reasonable belief of financial exploitation; and
  • extend a temporary hold on a disbursement or transaction for an additional 30 business days, beyond the current maximum of 25 business days (for a total of 55 business days), if the member firm has reported the matter to a state regulator or agency, or a court of competent jurisdiction.

FINRA additionally adopted Rule 4512 (Customer Account Information), which compels member firms to make reasonable efforts to collect contact information for a trusted contact person for each client’s account. FINRA’s guidance indicates that Rule 2165 permits member firms “to place a temporary hold on a securities transaction or disbursement of funds or securities from the account of a specified adult where there is a reasonable belief of financial exploitation.” The FAQ also discussed the qualifications for who may serve as a trusted contact person pursuant to Rule 4512. A trusted contact person must be over the age of eighteen. However, Rule 4512 authorizes joint accountholders, individuals with power of attorney, and trustees to serve as a trusted contact person.

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

 
 

Tags: eccleston, finra, senior

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

I just received this letter from the CFP Board. Thank you, Thank you, THANK YOU!

David Y

LATEST NEWS AND ARTICLES

1786029344 Law
August 6, 2026
Account Takeover Fraud Continues to Rise as Cybercriminals Refine Their Tactics

Cybercriminals continue to refine account takeover schemes, driving billions of dollars in losses for businesses and consumers each year.

1785949175 Law
August 5, 2026
FINRA Arbitration Panel Orders Arkadios Capital to Pay $2.7 Million in Ponzi Scheme-Related Claim

A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered Arkadios Capital to pay $2.7 million in damages to an investor who alleged the firm failed to supervise a former registered representative whose father operated a long-running Ponzi scheme, according to InvestmentNews.

1785858278 Law
August 4, 2026
SEC Fines Former LPL Broker $125,000 for Undisclosed Conflicts in Private Securities Offerings

The Securities and Exchange Commission (SEC) has censured a former LPL Financial broker and imposed a $125,000 civil penalty after finding that he failed to disclose conflicts of interest related to private real estate securities offerings that generated nearly $1.5 million in compensation, as reported by AdvisorHub.