Finra rogue broker proposal raises concerns among investor, industry advocates

Finra rogue broker proposal raises concerns among investor, industry advocates
PIABA: It falls short of solving unpaid arbitration. FSI: It gives Finra too much power.
JUL 08, 2019

Investor advocates say a Finra proposal to crack down on rogue brokerages doesn't go far enough to solve the problem of unpaid arbitration awards, while industry groups are expressing concerns that it gives Finra too much power to determine violations. Under a rule proposed in May, the Financial Industry Regulatory Authority Inc. would impose tougher oversight of broker-dealers with a track record of violations or that hire a high number of registered representatives with disciplinary histories. If Finra designates a firm as "restricted," it could be required to make deposits into accounts managed by Finra that would be used in part to pay arbitration awards. The rule gives firms ways to avoid the designation, including reducing the number of rogue brokers on its staff. In a July 1 comment letter, the Public Investors Arbitration Bar Association said Finra should acknowledge the proposal is "an incremental step toward protecting investors from high-risk firms." But the group said it falls short of tackling the ongoing problem of broker-dealers shirking their responsibility to pay arbitration awards. "We have seen no data that shows the sums set aside will be sufficient to cover anticipated arbitration awards," wrote PIABA president Christine Lazaro and vice president Samuel B. Edwards. State securities regulators criticized the proposal for not addressing how or if customer complaints removed from a registered representative's record will be used to determine which firms require additional financial obligations. "Not counting the number of expungements in the preliminary identification criteria could also lead to firms encouraging — or even facilitating — expungements for their associated persons in the hopes of avoiding designation as a restricted firm," wrote Michael Pieciak, Vermont financial regulation commissioner and president of the North American Securities Administrators Association Inc. in a July 1 comment letter. Finra has indicated that about 61 of the approximately 3,700 broker-dealers it regulates would be targeted under the proposed rule. The Financial Services Institute, which represents independent broker-dealers and financial advisers, worries that Finra would wield too much power. "FSI believes that the proposed rule would benefit from clear parameters around the discretion that will be exercised by Finra and clarification on the impact to net capital requirements and small firms," wrote Robin Traxler, FSI senior vice president for policy and deputy general counsel, in a July 1 comment letter. The Securities Industry and Financial Markets Association praised the Finra proposal for putting the burden of setting aside cash on firms with disciplinary histories, but the group added that the firms should be involved in the designation process. "Firms should have the in-house ability to make the same exact calculation as Finra to determine if the firm meets the preliminary criteria for identification," wrote Kevin Carroll, SIFMA managing director and associate general counsel, in a July 1 comment letter. "This would allow a firm to monitor itself on a continuous basis, self-police and address any issues before Finra comes knocking on its door." The comment deadline was July 1. Finra could modify the proposal before releasing a final rule, which would then have to be approved by the Securities and Exchange Commission.

Latest News

Names of more B-Ds that sold deals of bankrupt Inspired Healthcare surface
Names of more B-Ds that sold deals of bankrupt Inspired Healthcare surface

Broker-dealers that sold the defunct securities backed by Inspired Healthcare generated more than $100 million in fees and commissions.

MetLife poll finds high-value home sales are becoming tax-planning events
MetLife poll finds high-value home sales are becoming tax-planning events

A new MetLife survey finds real estate professionals are increasingly steering clients toward tax experts as rising property values leave more sellers facing significant capital gains.

Kestra adds Raymond James recruiter to expand advisor hiring push
Kestra adds Raymond James recruiter to expand advisor hiring push

The independent broker-dealer expands its business development bench with a new recruiter and an internal promotion in the West.

Cerity Partners names Will Peng chief innovation officer
Cerity Partners names Will Peng chief innovation officer

The leading ultra-high-net-worth RIA joins other large wealth firms, including Raymond James and LPL, in creating executive roles focused on artificial intelligence strategy

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

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.