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May 19, 2022


FINRA BOARD MEMBER KNOCKS REGULATOR’S “DATED” OUTSIDE BIZ RULE

by Miriam Rozen
|
News
|
Commonwealth, FINRA, Herold & Lantern Investments, Sanctuary
|
Outside Business Activities, Regulation
|
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ablokhin |stock.adobe.com

The Financial Industry Regulatory Authority’s rule governing brokers’ outside
business activities is ripe for revision, according to one of the industry self
regulator’s board members.

“The guidance around outside business activities is pretty dated,” said Peggy
Ho, who is also general counsel and chief risk officer for Commonwealth
Financial Network, an independent broker-dealer with more than 2,000 advisors.
“The industry has evolved a lot since that guidance was in place.”

The comments come as a 2018 Finra proposal to revise Rule 3270 governing outside
business activities stalled without board approval, an agency spokesperson
confirmed. The proposed rule, which was issued for public comments that year,
would have narrowed the scope of what qualified as an outside business that
firms must supervise and was “intended to reduce unnecessary burdens while
strengthening investor protections relating to outside activities,” according to
Finra’s website. 

Firm compliance officials have raised concerns about the wide range of
activities, such as rental income from a vacation home, that could require
disclosure and monitoring under the rule. 

“We’re obligated to supervise these OBAs, but I feel like we’re spending a lot
of time on activities that are not high risk,” Ho, who spoke at a panel
broadcast from Finra’s annual conference in Washington, D.C. this week, told the
audience. “As an industry, it’s something that we will need to think about going
forward.”

Asked about Ho’s remarks, the Finra spokesperson said: “FINRA continues to
consider this complex issue.”  

Nathaniel Stankard, senior advisor to the CEO at Finra, similarly said on the
panel that the regulator is still interested in feedback from firms about what
can be improved. 

“I encourage member firms to keep the lines of communication open,” Stankard
said. “We’re still interested in hearing your thoughts and feedback both about
the current rule and then potential changes going forward.”

The initial proposal generated a flurry of mixed responses supporting and
opposing the change as well as suggested tweaks. 

The push for new guidance comes as in-house compliance officials on the panel
bemoaned a sharp rise in outside business activities in the remote work era and
as social media created opportunities for brokers to become influencers for a
range of businesses from their local country club to cryptocurrency.



OBAs have also become harder to track with fewer opportunities for managers and
compliance to observe potential red flags in person, the officials said. 

“One of the great ways in the past of detecting and monitoring outside business
activities was that you knew what’s going on in your space because you heard
things. You knew what kind of car your rep drove,” said Wendy Lanton, chief
compliance officer of Herold & Lantern Investments.



Finra has maintained outside business activities as a key area of focus each
year out of concern that activities could create potential conflicts with
customers. It reiterated that focus in February in its annual examination
priorities letter reminding firms to “consider” if the outside activity “will
interfere with or otherwise compromise the registered person’s responsibilities
to the firm and the firm’s customers.”

Such infractions commonly appear among Finra’s publicized disciplinary actions.
In one example, the regulator suspended an ex-Morgan Stanley broker for 14
months after he allegedly made $360,000 from a day-trading newsletter. The
newsletter, which he did not disclose to his firm, made promises of profit from
day trading and could have conflicted with his role as an advisor at Morgan
Stanley, Finra said.

EX-MORGAN STANLEY BROKER SUSPENDED AFTER MAKING $360K FROM DAY TRADING
NEWSLETTER

Former New Jersey broker had operated an unapproved blog and YouTube channel
touting his stock trading chops and also texted with clients, the regulator
said.

May 18, 2022

In "Most Read"

FINRA SETS YEAR-END DEADLINE FOR MORE FLEXIBLE WFH RULES

The industry’s self regulator recently advanced four related proposals tied to
remote supervision.

May 17, 2022

In "Most Read"

FINRA SIDELINES FORMER TOP-RANKED NEXT GEN BROKER IN PA OVER UNDISCLOSED
FUNDRAISING

An independent Ameriprise broker who ranked as a top up-and-comer in the state
took a CIO position and raised $200,000 for a credit card processing company
without notifying his brokerage firm, Finra said.

Mar 29, 2022

In "Enforcement"

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