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

Market Volatility Sparks Heightened Scrutiny of Complex Products Sales

Posted on June 13th, 2022 at 1:07 PM
Market Volatility Sparks Heightened Scrutiny of Complex Products Sales

From the Desk of Jim Eccleston at Eccleston Law:

Market volatility can expose financial advisory firms that fail to supervise and ensure their advisors adhere to Regulation Best Interest (Reg BI) rules when they recommend complex products, according to FINRA.

Although structured products have grown in popularity, heightened market volatility applies pressure to some structured retail products, according to Jessica Hopper, head of enforcement at FINRA. Hopper did not pinpoint any specific complex products, but recent FINRA regulatory notices have implicated volatility-linked exchange-traded products, interest rate-based “steepener notes”, defined outcome exchange-traded funds, and mutual funds and ETFs using cryptocurrency-based strategies. While the complex products may appear to be another mutual fund, advisors must make themselves aware of the options-based strategies underlying many of the investments, according to Hopper. 

In one recent enforcement example, FINRA issued a $150,000 fine against Geneos Wealth Management in March. Between November 2016 and February 2018, Geneos “failed to reasonably supervise representatives’ recommendations of an alternative mutual fund” and establish “procedures reasonably designed to ensure that the firm and its representatives had a sufficient understanding” of the risks related to the fund they were recommending, which primarily relied on purchasing uncovered options, according to FINRA. One of the Geneos advisors responsible for selling the fund conceded, “I don’t know how this works”, according to Hopper. 

While FINRA has not announced any plans for rule changes, the regulator issued a notice in May reminding member firms of their supervisory responsibilities with complex products and seeking comments about future potential regulatory proposals as retail purchases have “increased significantly in recent years.”

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

Tags: eccleston law, finra, regulation best interest

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

You guys are good!

Mike L.

LATEST NEWS AND ARTICLES

1788198557 Law
August 31, 2026
FINRA Suspends Two Former Brokers Over $8 Million Private Securities Transactions

The Financial Industry Regulatory Authority (FINRA) has suspended two former brokers in Yorba Linda, California, for 10 months and fined each $10,000 over allegations that they participated in the sale of approximately $8 million in promissory notes issued by a private equity fund without their firm's approval, according to AdvisorHub.

1787947445 Law
August 28, 2026
SEC Accuses Goliath Ventures of $425 Million Crypto Investment Ponzi Scheme

The Securities and Exchange Commission (SEC) has filed a civil complaint against Goliath Ventures Inc.

1787852053 Law
August 27, 2026
United Capital Revives Lawsuit Against Osaic

According to AdvisorHub, United Capital Financial Advisors has revived its lawsuit against independent broker-dealer Osaic by filing an amended complaint that reframes the dispute around the alleged misuse of confidential information obtained during Osaic's unsuccessful effort to acquire the firm.