According to a FINRA enforcement executive at Sifma’s recent Compliance and Legal Conference, the regulatory body is planning to complete at least 1,000 Regulation Best Interest exams of broker-dealers by year's end.  While FINRA has been examining Reg BI violations since the rule went live, officials have exclusively reported violations in industry-wide notices such as the 2023 FINRA Report on Exam and Risk Monitoring Program, instead of seeking enforcement actions against firms or reps. However, according to FINRA officials, “a year and a half after Reg BI went live, the enforcement gloves are coming off.” Christopher Kelly, FINRA’s acting head of enforcement, said, “A number of the firms that have been warned still haven’t remedied the [violations] the examiners…warned them about, so those will often result in referrals to enforcement.” St. Louis added that FINRA is taking a hard look at variable annuities and has at least one Reg BI enforcement in the works dealing with conflicts surrounding the contracts.

Finsum:After a year and a half of warnings, the gloves are coming off for FINRA as they plan on examining just under one-third of FINRA’s 3,300 member firms for compliance with Reg BI.