Finra tells firms to step up oversight of sales of liquid alts

Finra tells firms to step up oversight of sales of liquid alts
The regulatory notice is another example of Finra's increased scrutiny of complex products.
APR 22, 2022

Brokerages must step up their supervision of the sales of alternative mutual funds, Finra warned this week.

The Financial Industry Regulatory Authority Inc. said in an April 19 regulatory notice that it has seen lax oversight of their registered representatives’ recommendations of the complex funds, also known as liquid alts, in recent examinations.

The products use assets other than stocks and bonds — such as real estate, commodities and derivatives — to give retail investors exposure to alternative investments in a vehicle that can be traded daily. They are touted as a way to beat market returns but also can be risky and expensive.

Finra member firms are not taking appropriate care to ensure “alt funds” are sold only to appropriate customers, the broker-dealer self-regulator said.

“For example, firms failed to limit recommendations of alt funds to customers with an appropriate risk tolerance, tailor their trading surveillance and systems to address the unique risks and characteristics of alt funds and identify alt funds transactions for additional reviews,” Finra said in the regulatory notice.

Finra also found firms lacked written supervisory procedures for sales of alternative mutual funds. If they did mention alt funds in their policies and procedures, they failed to follow through and understand the funds' features and risks before selling them.

Recent enforcement actions have centered on deficiencies in policies and procedures for selling alternative funds as well as inadequate training for reps, Finra said.

The warning about liquid alts is another example of Finra’s increased scrutiny of complex products. Last month, Finra released a request for comment regarding oversight of leveraged and inverse exchange-traded products, options and other complex investments in an environment where investors can buy them on trading apps and over the internet.

The regulatory notice on liquid alts serves as an admonishment to brokerages but does not create new regulatory or legal obligations. Like most notices, it included best practices for firms to follow to stay in compliance, such as sales restrictions and enhanced trading surveillance and training

Latest News

FINRA eyes fraud 'speed bump' rule doubling hold to 10 business days
FINRA eyes fraud 'speed bump' rule doubling hold to 10 business days

FINRA's proposed rule filing would create a new 10-day fraud delay and nearly triple the maximum hold period for exploited senior investors

MAI Capital pushes into Atlanta with Waypoint Wealth deal
MAI Capital pushes into Atlanta with Waypoint Wealth deal

Fueled by a recent shot in the arm from private equity firm Carlyle, MAI adds a $490 million Atlanta RIA as it keeps building out its national footprint.

Georgia advisor gets maximum – 20 years – for $400 million Ponzi
Georgia advisor gets maximum – 20 years – for $400 million Ponzi

“Todd Burkhalter organized what is likely the largest Ponzi scheme in Georgia history,” said one FBI official.

Carson taps Osaic recruiting veteran as independent channel expansion continues
Carson taps Osaic recruiting veteran as independent channel expansion continues

With experience from Goldman Sachs and TD Ameritrade, the RIA's newest SVP hire adds to a recent wave of executive departures from hybrid Osaic.

Mesirow acquires part of flexPATH in second retirement deal of 2026
Mesirow acquires part of flexPATH in second retirement deal of 2026

Chicago-based Mesirow Fiduciary Solutions adds flexPATH's plan-level outsourced fiduciary book, boosting its retirement market reach to $164 billion.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income