Finra plan to address unpaid arbitration award problem deserves fair hearing

Finra plan to address unpaid arbitration award problem deserves fair hearing
The issue has been a problem for Finra — and investors — for a long time.
MAY 11, 2019
By  crain-api

The Finanical Industry Regulatory Authority Inc. finally may have come up with a fair way to ensure that investors who win arbitration awards actually receive them. Under a new rule proposal, Finra would require firms with a track record of investor violations or a history of hiring brokers with numerous disclosure events to fund accounts that would be controlled by Finra and tapped in the event of an unpaid arbitration award. The problem of unpaid awards has bedeviled Finra for some time. In some cases, brokerage firms that have lost arbitration cases have simply walked away from their responsibility to pay up by going out of business or declaring bankruptcy. In 2017, of the $84 million awarded through Finra arbitration, $21 million, or 25%, was not paid. The median unpaid award that year was $208,375. While everyone agrees this is a problem, none of the proposed solutions in the past seemed to satisfy all stakeholders. For example, one proposal was to impose a levy on all Finra members to create a pool of money that could be tapped when an arbitration award went unpaid. But that proposal was criticized for forcing honest firms to help pay for the sins of dishonest ones. Another idea was to use Finra fine money to pay for the awards that the delinquent firms walked away from. Finra opposed that plan because it would take funding away from other investor protection programs. The new method to take care of unpaid arbitration awards is actually part of a larger proposal by Finra to crack down on that small percentage of rogue firms that give the entire industry a black eye. The ultimate hope is that once these firms see that their past conduct will cost them additional regulatory fees, they will clean up their act. While the proposal has promise and should be pursued, there is also a need to ensure that Finra does not abuse the new powers it would receive under the rule. That is why the regulator has set up a transparent, multistep process that shows how it will determine which "restricted" firms to impose additional fees on. Firms that are targeted will have a chance to appeal, and they will be reviewed each year to determine if they are still a risk. Finra is making a good-faith effort to address a long-standing problem, and member firms should give this proposal a fair hearing. If it is approved, investors will benefit. And so, ultimately, will the industry.

Latest News

Maryland bars advisor over charging excessive fees to clients
Maryland bars advisor over charging excessive fees to clients

Blue Anchor Capital Management and Pickett also purchased “highly aggressive and volatile” securities, according to the order.

Wave of SEC appointments signals regulatory shift with implications for financial advisors
Wave of SEC appointments signals regulatory shift with implications for financial advisors

Reshuffle provides strong indication of where the regulator's priorities now lie.

US insurers want to take a larger slice of the retirement market through the RIA channel
US insurers want to take a larger slice of the retirement market through the RIA channel

Goldman Sachs Asset Management report reveals sharpened focus on annuities.

Why DA Davidson's wealth vice chairman still follows his dad's investment advice
Why DA Davidson's wealth vice chairman still follows his dad's investment advice

Ahead of Father's Day, InvestmentNews speaks with Andrew Crowell.

401(k) participants seek advice, but few turn to financial advisors
401(k) participants seek advice, but few turn to financial advisors

Cerulli research finds nearly two-thirds of active retirement plan participants are unadvised, opening a potential engagement opportunity.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today’s choppy market waters, says Myles Lambert, Brighthouse Financial.

SPONSORED Beyond the dashboard: Making wealth tech human

How intelliflo aims to solve advisors' top tech headaches—without sacrificing the personal touch clients crave