Finra asks SEC to extend remote inspections program

Finra asks SEC to extend remote inspections program
The rule allowing such inspections is due to expire at the end of this year, but Finra has asked to delay the expiration until June 30.
SEP 27, 2023

In November 2020, Finra introduced a temporary rule to allow for remote inspections of brokerages while much the industry worked from home in response to the coronavirus pandemic. The rule is set to expire at the end of this year, but Finra has requested to delay the expiration until June 30.

Finra has proposed a three-year pilot program for remote inspections as a longer-term solution that is currently awaiting SEC proposal.

“Given the uncertainty as to whether the [SEC] will approve or disapprove the Remote Inspections Pilot Program Proposal by the end of calendar year 2023, FINRA believes that the proposed extension is necessary to provide firms the time to prepare for either the resumption of on-site inspections … or alternatively, the implementation of the proposed remote inspections pilot program,” Finra writes in the document filed with the SEC last Friday.

Finra’s efforts to allow online supervision of brokerages have faced resistance from state securities regulators. The North American Securities Administrators Association and the Public Investors Advocate Bar Association have criticized Finra’s proposals for not doing enough to protect investors.

In an Aug. 29 comment letter, former NASAA President Andrew Hartnett said NASAA had requested that Finra “be more prescriptive” regarding risk assessment, supervisory procedures and regulatory disclosures for the pilot program.

“We appreciate that Finra incorporated some of these recommendations into the revised proposal,” wrote Hartnett, who is deputy Iowa insurance commissioner. “However, we believe the revised proposal still does not go far enough to protect investors.”

“The amendments made to this rule proposal do not address the significant harm done to investors by rogue brokers working in the absence of adequate supervision,” PIABA president Hugh Berkson wrote in a separate comment letter.

Many brokerages support the use of online supervision. For example, LPL Financial, the country’s largest broker-dealer, said it has performed more than 27,000 remote branch inspections since March 2020.

“Our team has reimagined the branch exam process to leverage publicly available online tools and resources, including secretary of state databases, google searches and google street view, in order to efficiently and effectively examine branches using video calls,” Tara Gilchrist, LPL senior vice president and head of branch examinations, wrote in an Aug. 29 comment letter. “Although the program was built out quickly, over the course of nearly three years our branch examiners have refined their skills and become very adept at identifying risk remotely.”

Latest News

Retirement plan defaults leave key participant decisions unresolved
Retirement plan defaults leave key participant decisions unresolved

New Allspring research finds 401(k) participants want guidance on income and rollovers, not just portfolio automation.

Global equity release market set to triple, with US leading growth
Global equity release market set to triple, with US leading growth

Aging homeowners hold record housing wealth - but most advisors still aren't bringing it into retirement plans

Retiree alleges advisor withheld $600K through real estate LLC web
Retiree alleges advisor withheld $600K through real estate LLC web

$1.7M invested from an inheritance. Then the phone went dead.

SEC accuses Linqto chiefs of 'Wizard of Oz' investor deception
SEC accuses Linqto chiefs of 'Wizard of Oz' investor deception

The pre-IPO platform sold $430M in units while allegedly rigging prices behind the scenes.

GLP-1 users are trading retirement savings for their prescriptions
GLP-1 users are trading retirement savings for their prescriptions

A Nationwide survey finds 47% of GLP-1 users have never discussed the drugs’ financial impact with an advisor, even as many dip into savings.

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor