Displaying items by tag: finra

(Washington)

In a sign of just how wide-reaching the coming SEC Best Interest rule truly is, FINRA has just acknowledged that the Suitability Rule might be on the chopping block. FINRA’s Suitability Rule requires that brokers choose a product suitable for their client, but is a weaker standard than the proposed BI rule. “If [Regulation Best Interest] is adopted, then we would need to look at our rule set to see if any changes are appropriate … For example, is our suitability rule appropriate? But that is down the road. We need to see how Reg BI is adopted”, says Robert Cook, the CEO of FINRA.

FINSUM: This is not really a surprise, as the BI rule would basically make the Suitability Rule redundant. However, it is certainly a wake up call that things are changing quickly.

(New York)

There was a great deal of anxiety over the fiduciary rule, and now there is mounting consternation about the SEC’s Regulation Best Interest. But within that story, there is a lost narrative—the fate of the US’ small broker-dealers. Mounting regulatory pressure continues to dwindle their ranks. The number of Finra-registered broker-dealers has fallen 10% since 2013, and last year the number fell to a total of 3,726, down 109 from 2016. One industry commentator summarizes that “It is getting to the point that the many firms under 10 advisors dread Finra audits and are positioning themselves to be under a larger broker-dealer in order to simplify their life”. “This used to be a fun business, but not anymore”, says the commentator, citing a B-D owner.

FINSUM: We can personally testify to the difficulties that smaller B-Ds face, and not just in terms of direct regulatory costs. Additionally, factors like limits to markups constrain revenue, so there is pressure on both sides.

(Washington)

Brokers rejoice, FINRA is about to makes updating your records simpler and easier. In an effort to reduce the compliance burden and costs, FINRA is reforming its CRD system. The WebCRD interface will see an overhaul, which should make things easier for brokers. According to FINRA president Cook, “The transformation will allow FINRA to develop systems that help firms effectively maintain compliance programs and reduce compliance costs, while continuing to operate and enhance BrokerCheck as an essential tool for investors”.

FINSUM: The update is pretty short on details at the moment, but at least FINRA is trying to reduce the regulatory burden.

(New York)

Everyone is blaming last week’s big volatility on the VIX index. Explanations for the big falls are swirling and include an over-reliance on VIX-linked funds and insurers’ volatility strategy. However, FINRA is now looking into another potential cause—deliberate manipulation of the VIX. FINRA suspects traders have been trying to deliberately influence the VIX to move the price of derivatives. The tip on the behavior was given by an anonymous whistleblower.

FINSUM: Given the track record of misbehavior (e.g. Libor), it would be no surprise if traders were trying to manipulate the VIX. However, it is unclear what role that might have had in last week’s crash.

(New York)

If you are a hybrid BD/RIA, you need to pay attention. FINRA is trying to loosen the strictures in which you might find yourself. In particular, FINRA wants to make changes to its outside business activity rule. It no longer wants to force hybrid B-Ds to have compliance tracking for their RIA businesses. Being legally liable for such businesses can prove a major cost burden. “The motive for taking a percentage payout on the RIAs advisory business will go away”, says one industry insider.

FINSUM: This will certainly be a welcome change for the many hybrid RIAs who deal with the current FINRA rule.