Regulations Flashcards
Commission that is responsible for supervision of capital markets. They write laws that govern financial markets, and has the ability to enforce the laws. This entity governs publicly traded companies as well as industry professionals. This entity can revoke registration of a broker/dealer, but refers crimincal cases to the judicial system. POTUS appoints board members for 5 year terms.
Securities and Exchange Commission (SEC)
Act that was established to regulate the trading of securities after being issued and to regulate exchanges and broker/dealers.
Securities Exchange Act of 1934
What are the four main categories of FINRA bylaws?
- Uniform Practice Code
- Conduct Rules
- Code of Procedure
- Code of Arbitration
FINRA bylaw that relates to dealings between member firms, covering all transactions in nonexempt securities while providing orderly completion of dealer-to-dealer transactions.
Uniform Practice Code (UPC)
FINRA bylaw that relates to a member firm’s dealings with the public
Conduct Rules
FINRA bylaw that outlines the procedural process in the event of violations and complaints
Code of Procedure
FINRA bylaw that is concerned with settling disputes between dealers or brokers and the public.
Code of Arbitration
Bylaw definition of a firm who is registered with the SEC under the Act of ‘34
Registered Broker/Dealer
This is an individual who is registered under the rules of FINRA or is directly or indirectly controlled by a member firm, regardless if the person is a registered.
Associated Person
What are the two categories of FINRA personnel that requires registration and the passing of a qualifying exam?
Principals and Representatives
These people must be registered as what with FINRA?
- Sole proprietors
- Officers
- Partner
- Manager of Offices of Supervisory Jurisdiction
- Directors of Corporations
Principals
This is a person who deals with investment companies and variable contracts if activities are limited to dealings of open end shares, closed end investments during IPOs, and variable contracts and insurance premium funding programs. They must pass the Investment Company and Variable Products Qualification Exam (Series 26)
Limited Principal
According to FINRA Membership and Registration rules, continuing education is required for registered persons, and consists of what two elements?
Regulatory and Firm
Education element that must be completed by registered persons on the second anniversary date of their original registration and every 3 years thereafter. They have 120 days from registration date for completion. Anyone who fails to complete this will have their registration deemed inactive and must cease all activities as a registered person and cannot perform duties in any capacity requiring registration
Regulatory Element
Education element that applies to a continuing and current education program maintained by members for their covered persons to enhance their securities knowledge, skills and professionalism. At a minimum, each member must develop a written training plan at least annually.
Firm Element
What happens to a rep on active military duty?
- 120 day window to complete CE is frozen
- Can continue earning commissions from existing clients
- 90 days to reassociate if terminating registration while on leave
Which persons are not required to register with FINRA?
- Those with clerical or ministerial duties
- Not actively engaged in the investment banking or securities business
- Associated persons of a member firm whose only participation within the firm is the need for a nominal corporate officer
- Those who effect securities transactions only on the floor of an exchange
Resource provided through FINRA’s Public Disclosure Program that allows public persons to research the professional backgrounds of current and former FINRA-registered brokerage firms and brokers. Accesible by phone or online, it provides information that has been stored in the Central Registration Depository.
BrokerCheck
What information is available for search through BrokerCheck
- The person’s employment history and other business experience required to be reported on Form U-4
- Currently approved registrations for the member or associated person
- Main office, legal status and type of business engaged in by the member
- Any event or proceeding required to be reported under the Rule
- Separate file of all written complaints of customers with explanation of action taken by the member, if any
- Separate file of all written complains and a clear reference to the files containing the correspondence related to them
Where do these files need to be kept
Each office of supervisory jurisdiction
Material used in media (newspapers, magazines, radio, television, telephone recordings or other public media). General information to the general public is an indirect audience.
Advertisements
Participation in seminars, radio or television interviews, or other public speaking activities. This interaction is included in the definition of retail communication since they are directed or made abailable to the public.
Public Appearance
Reprint of an article or its excerpt issued by a publisher not affiliated with the member using the reprint, or to any report concerning a registered investment company prepared by an independent entity. These are considered retail communication, and must be approved by a principal before first use.
Independently Prepared Reprint
Any written or email messages distributed to either existing customers or to fewer than 25 prospective customers within an 30 calendar day period
Correspondence