Unit 10 - The Self-Regulatory Organizations Flashcards
What is the purpose of self-regulators?
For the industry to take a hand at policing itself.
This regulates all matters related to investment banking (securities underwriting), trading in the OTC market, trading in exchange-listed securities, and the conduct of FINRA member firms and associated persons
FINRA
These are the objectives of what regulator?
- Promote the investments banking and securities business, standardize principles and practices, promote high standards of commercial honor, and encourage the observance of federal and state laws
- provide a medium for communication among its members and between its members, the government, and other agencies
- Adopt, administer and enforce rules designed to prevent fraudulent and manipulative practices, as well as to promote just and equitable principles of trade
- Promote self discipline amount members and investigate and resolve grievances between the public and member and between members.
FINRA
What are the four sections of FINRA?
- Conduct Rules
- Code of Procedure (COP)
- Uniform Practice Code (UPC)
- Code of Arbitration (COA)
This establishes the relationship between firms and their customers. The rules cover areas such as fair dealing with customers, compensation-related issues, standards for communications, and various sales practice violations.
Conduct Rules
This cover the enforcement of FINRA rules and details the punishment of members who violate the Conduct Rules.
Code of Procedure
The ___ investigates suspected violations. It will hold a hearing to determine the outcome of any violations.
Department of Enforcement (DOE)
FINRA may do what to a member firm or an associated person upon a finding of violation?
- Suspend, expel or bar from membership
- Impose fines
- Censure
- Any other action deemed appropriate
FINRA does not have ___ powers.
Arrest
The COP may be appealable to the ______, then to the SEC, and from there to the appellate courts.
National Adjudicatory Council (NAC)
These rules cover technical aspects of trading and payment for securities transactions. Some examples are good delivery of securities, the payment procedures for dividends on common stocks, and interest on bonds.
Uniform Practice Code (UPC)
This is a FINRA-run dispute resolution process to settle monetary disputes. The goal is to provide a faster and cheaper resolution versus going through the traditional court system. The decisions are final and binding.
Code of Arbitration (COA)
If a customer is involved in a monetary dispute with a BD, the customer must
Agree to arbitration
BD firms apply for membership o FINRA, and, if granted, they agree to abide by FINRA’s rules and regulations. These are often called
Member firms
A FINRA member firm may only do business with another FINRA member firm unless it meets one of the exceptions, which include:
- A bank in the underwriting of a municipal issue
2. A foreign firm that is a member of its nation’s FINRA equivalent.