New FINRA Rule Reining In Rogue Brokerages Becomes Effective

Posted on January 5th, 2022 at 1:47 PM
New FINRA Rule Reining In Rogue Brokerages Becomes Effective

From the Desk of Jim Eccleston at Eccleston Law:

The Financial Industry Regulatory Authority (FINRA) adopted a new rule in 2020 that is designed to rein in rogue brokerage firms. 

The new rule, which became effective on January 1, enables FINRA to impose additional capital obligations and other conditions on brokerage firms that employ a substantial number of advisors with disciplinary histories. Pursuant to the new rule, FINRA can mandate that a “restricted firm” deposit cash or qualified securities into a FINRA-controlled account. The deposited funds may be used to cover unpaid arbitration awards, according to FINRA. FINRA’s new rule was approved by the Securities and Exchange Commission (SEC) in July 2020. 

FINRA annually will review whether a brokerage qualifies as a “restricted firm” primarily by analyzing the number of firm-level and individual-level regulatory disclosures. A “restricted firm” will also be given the opportunity to avoid the classification by voluntarily reducing its workforce and providing an explanation as to why the firm should not receive the designation. While it is not clear how many firms will receive the “restricted firm” classification, FINRA noted that the initial number would likely be small.

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

Tags: eccleston, eccleston law, finra

Return to Archive

TESTIMONIALS

Previous
Next

I want to thank you for your excellent professional representation. It was greatly appreciated.

Michael M.

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.