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 are the best attorneys in the country.

CC

LATEST NEWS AND ARTICLES

1789752835 Law
September 18, 2026
SEC Sanctions Investment Adviser and Executive for Disproportionate Trade Allocations

The Securities and Exchange Commission (SEC) has determined that the conduct of registered investment advisory firm Barrington Asset Management, and its executive vice-president and chief compliance officer, Gregory Paris, disadvantaged clients and breached their fiduciary duties owed to clients.

1789665543 Law
September 17, 2026
SEC Charges 38 Entities Over Allegedly Fraudulent Adviser Filings

The Securities and Exchange Commission (SEC) charged 38 entities with allegedly making material misrepresentations in Forms ADV filed with the SEC between 2025 and 2026.

1789589290 Law
September 16, 2026
Edelman Financial Engines Secures TRO Against Advisor Who Joined RFG Advisory

Edelman Financial Engines recently secured a temporary restraining order (TRO) against Chad A.