SEC Approves FINRA Rule to Strengthen Regulation of Rogue Firms
From the Desk of Jim Eccleston at Eccleston Law:
The Securities and Exchange Commission (SEC) has approved a Financial Industry Regulatory Authority (FINRA) rule created to increase regulation of brokerage firms that have a history of misconduct or employ a high number of advisors with disciplinary records. The rule requires high-risk firms to deposit cash or qualified securities into an account, which will be managed by FINRA. High-risk firms cannot withdraw the cash or securities absent FINRA’s consent and the funds may be used to cover potential arbitration awards or settlements. According to the SEC’s order, restricted firms would be categorized based on having “significantly higher levels” of disciplinary issues and sales practice violations compared to other similarly sized firms.
A restricted firm can challenge the designation and is provided a “one-time opportunity” to avoid penalties “by voluntarily reducing its workforce”, according to the order. The SEC order noted FINRA cited academic studies, which indicated “some firms persistently employ registered representatives who engage in misconduct, and that misconduct can be concentrated at these firms.” FINRA originally proposed the rule in 2019 prior to filing the measure with the SEC in November 2020. The rule takes effect in six months.
Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, regulatory and disciplinary matters.
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