Finra extends deadline for brokerages to self-report costly 529 plans

Finra extends deadline for brokerages to self-report costly 529 plans
In FAQs, regulator says firms should review sales supervision procedures, not every transaction.
MAR 06, 2019

Finra has extended the deadline on its initiative to identify problems with sales of high-fee 529 college savings accounts. The Financial Industry Regulatory Authority Inc. launched a program in January targeting the recommendations of certain share classes in such plans that may not be the best option based on a client's circumstances. In a set of frequently asked questions posted on the Finra website Wednesday, the regulator said it is extending the deadline to April 30 for firms to self-report if they do not have the appropriate supervisory procedures in place to oversee such sales. The firms would have to submit additional information by May 31. Originally, Finra gave its member firms until April 1 to report themselves, and May 3 to submit required information. For firms that step forward, Finra said it would not fine them for violations but would require restitution to investors. The set of 18 questions covers queries Finra said it has been receiving from member firms as well as financial industry trade associations. The regulator clarified that it was not asking firms to review all of their 529 sales to see if any were unsuitable for the clients who invested in them. Instead, it wants the firms to assess how they're monitoring such sales. "If a firm reviews its supervisory systems and procedures and concludes that they were reasonably designed and implemented, that is the end of the assessment," the FAQs state. "There is nothing more to do. Finra is encouraging firms to undertake a qualitative review, not a quantitative analysis." During examinations, Finra said it has found firms failing to keep records of 529 plan transactions, not obtaining information about the age of the beneficiary and how long until the funds are needed, and not training their registered representatives properly. The program is voluntary and similar to a share-class initiative the Securities and Exchange Commission offered last year regarding high-fee mutual fund share classes. Finra said firms not turning themselves in won't receive harsher punishment for 529 supervision failures but would not be eligible for an automatic fine waiver.

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