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FINRA Amends Its Suitability, Capital Acquisition Broker Suitability and Non-Cash Compensation Rules to Comply with Sec’s Regulation Best Interest
On June 19, 2020, FINRA issued Regulatory Notice 20-18, noting changes to FINRA’s suitability rule, Capital Acquisition Broker (“CAB”) suitability rule and rules governing non-cash compensation consistent with the requirements of the SEC’s Regulation Best Interest (“Reg BI”). The changes were approved by the SEC and became effective on June 30, 2020, the compliance date […] More
FINRA Issues New Regulatory Notice Regarding Private Placement Communications with the Public
FINRA has issued Regulatory Notice 20-21 which provides guidance to its member firms to help them comply with FINRA Rule 2201 pertaining to retail communications concerning private placement offerings. FINRA Rule 2201 requires that all member firm communications be fair, balanced and not misleading. Communications must disclose risks and be accurate in order to provide […] More
The “Zoom” Boom: FINRA Maintains Its Authority to Compel Virtual Hearings Over Member Objections
If we have learned anything in 2020, it is that the only thing constant in life is change. The world has changed in just about every way and day-to-day life continues to evolve in light of those changes. One major development is the increased use – or perhaps reliance – on remote communication. Zoom, now […] More
Florida Passes House Bill 813: Protection of Vulnerable Investors
On June 30, 2020, Florida’s Governor signed Florida House Bill 813, amending Florida Statute 415.1034 and creating Florida Statute 517.34. This Bill was drafted to protect vulnerable investors within the State of Florida from financial exploitation. The Bill requires broker-dealers, investment advisers and associated persons to report knowledge or suspicion of abuse, neglect, or exploitation […] More
Supreme Court Upholds SEC’s Ability to Seek Disgorgement, But Places Limits
On Monday, June 22, the U.S. Supreme Court said, in an 8-1 decision, that the U.S. Securities and Exchange Commission could continue collecting disgorgement in an amount that does not exceed a wrongdoer’s net profits and is awarded for victims as “equitable relief.” In rendering its decision, the Supreme Court looked at whether a particular […] More
FINRA Issues Regulatory Notice Sharing Practices Implemented by Firms to Transition to, and Supervise in, a Remote Work Environment During the COVID-19 Pandemic
FINRA recently issued Regulatory Notice 20-16 providing firms with guidance on transitioning to a remote work environment and implementing remote supervisory practices. The Notice shares some common themes that the SRO has observed amongst firms of all sizes regarding steps being taken to transition their staff, associated persons, and supervisory policies and procedures to remain […] More