Finra widens window on exam cycle for some small firms

Finra widens window on exam cycle for some small firms
Those with clean records to be reviewed every four years, board member says.
AUG 08, 2019

Finra will widen the examination cycle for some small brokerage firms, according to one of the regulator's board members. Robert A. Muh, chief executive of Sutter Securities, said in an interview that small firms with a "clean record" — those that haven't demonstrated disciplinary problems — would be reviewed every four years instead of every two or three years by Financial Industry Regulatory Authority Inc. personnel. Mr. Muh, a small-firm representative on the Finra board, said Finra staff have agreed to the adjustment and that it would start going into effect in the next round of examinations. (More: How much growth an advisory firm needs to stay competitive) Exams can go on for extended periods, so having them frequently can make it feel as if a new one is starting just as the previous one ended, Mr. Muh said. Stretching the cycle out to four years will provide relief. "That's a very meaningful savings and break for small firms," Mr. Muh said. A Finra spokesman referred to comments made by Bari Havlik, Finra executive vice president of member supervision, at the organization's annual conference in May. In a question-and-answer session, Ms. Havlik said most firms are either on an annual cycle or in the "four-year back stop." As part of its internal reform program, Finra is adjusting its exam frequency. "We are revisiting that as part of the transformation: What's the right cycle for the different business models?" Ms. Havlik said. In the same session, Finra chief executive Robert W. Cook said the organization is moving away from the four examination cycle buckets, 1-, 2-, 3- or 4-year, and instead determining whether to conduct exams based on the risk a firm poses. It's becoming more of a "this year or not" proposition, Mr. Cook said. The exam cycle change for small firms is being touted by Mr. Muh as one of his accomplishments during his tenure on the board. He is campaigning for re-election. Member firms can cast votes until Aug. 19. Linde Murphy, chief compliance officer at M.E. Allison & Co. Inc., is challenging Mr. Muh for the small-firm seat. Mr. Muh was nominated by a Finra board committee. Ms. Murphy was nominated by petition. She agrees that exams can pose a challenge for small firms. (More: Finra exams to probe compliance with elder abuse rules) "Any exam can be burdensome, no matter who the regulator is that's coming to visit you," Ms. Murphy said. "It's our responsibility as small-firm representatives to be able to clearly explain and build cogent arguments about the impact of rules on small firms." About 3,200 of the approximately 3,700 brokerages registered with Finra are deemed small firms, meaning they have between one and 150 staff members registered with Finra. Mr. Muh said the firms that are under the most pressure from rising regulatory costs are the very small firms — those with 20 or fewer registered staff. "If you keep losing small firms, small investors will have more difficulty finding a broker willing to take the time to talk to them," Mr. Muh said.

Latest News

Gen X and millennials are rethinking retirement as pensions disappear
Gen X and millennials are rethinking retirement as pensions disappear

Eight in 10 pre-retirees say the US retirement system wasn't built for them and most still haven't planned how to make their money last.

Cerulli: Advisors struggle to turn 401(k) savers into wealth clients
Cerulli: Advisors struggle to turn 401(k) savers into wealth clients

Just over 10% of advisors' wealth clients come from defined contribution plans, as capacity, data and technology gaps block the bridge to wealth

Alto to buy Forge Trust from Schwab in self-directed IRA push
Alto to buy Forge Trust from Schwab in self-directed IRA push

Deal creates a $20B-plus custody platform for private market investing in IRAs, months after Schwab closed its Forge Global purchase

Wall Street bonanza! The Street on track to hit a record $90 billion in profits: Report
Wall Street bonanza! The Street on track to hit a record $90 billion in profits: Report

Despite the good times, advisors should tread carefully, said one veteran industry executive.

Most workers have retirement plans but no retirement strategy
Most workers have retirement plans but no retirement strategy

Gallagher data reveals a huge gap in financial confidence between employees who work with an advisor and those who don't.

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