Displaying items by tag: reg bi

By the end of the year, a goal of the Financial Industry Regulatory Authority is to examine 1,000 broker-dealers for Reg bi compliance, according to Bill St. Louis, head of Finra’s National Cause and Financial Crimes Detection Program, reported advisorhub.com.

That’s no small potatoes, considering that the total would account for about a third of the organization’s approximately 3,000 member firms. Compliance flaws in half of its exams were linked to the rule, which is more than two years old, last year.

An update of an annuity sales standard was adopted by Georgia, Illinois and Tennessee, according to thinkadvisor.com. It was developed by the National Association of Insurance Commissioners.

The update was designed by the NAIC to abet the U.S. Securities and Exchange Commission’s Regulation Best Interest sales standard. Its been adopted by a minimum of 33 states.

Failure by enough states to uniformly adopt the update might mean that the SEC could lasso the ability to oversee some aspects – at the minimum -- of sales and fixed annuities, some regulators think.

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.

FINRA recently announced that it has fined and censured a New York firm for violations of some of the basic written and supervisory requirements of Regulation Best Interest. The violations date back to June 2020 when the advice standards went into effect. The regulatory body charged the Long Island Financial Group, a five-person broker-dealer based in Roslyn, N.Y., with failure to supervise and “to establish, maintain, and enforce written policies and procedures reasonably designed to achieve compliance” with the regulation that requires advisors to put customers’ best interests ahead of their own financial gain. The firm settled the charges for a $35,000 fine, without admitting or denying guilt. The broker-dealer also received a public censure and is required to certify that it has remedied the compliance failures within 90 days. According to FINRA, Long Island Financial Group also “failed to establish and maintain a supervisory system, including written supervisory procedures, reasonably designed to achieve compliance with Reg BI.” In addition, the firm also failed to deliver to its clients Form CRS, the customer relationship summary that broker-dealer clients and prospects are supposed to receive, explaining the firm’s service offerings, products, fees, and conflicts of interest.

Finsum:A small NY firm was fined and censured by FINRA for failure to supervise, maintain, and enforce policies and procedures reasonably designed to achieve compliance with Reg BI.

On Tuesday, the Securities and Exchange Commission announced its examination priorities for 2023. The agency said it is going to focus on Regulation Best Interest, ESG, the new marketing rule, and a host of other issues. When it comes to investigating Reg BI violations, the SEC will zero in on advisors’ recommendations on complex investments such as derivatives and leveraged ETFs, and high-cost and illiquid products such as annuities and nontraded REITs. According to the division, SEC examiners analyzing Reg BI will look at investment advice and recommendations, disclosures made to clients, the processes firms have in place for making best-interest recommendations, and the kind of factors that are considered in light of an investor’s profile, including their goals and account characteristics. The report stated, “Examinations may also focus on recommendations or advice to certain types of investors, such as senior investors and those saving for retirement, and specific account recommendations, such as retirement account rollovers and 529 plans.” The division will also be focusing on the SEC’s new marketing rule, which reached its compliance date last November after taking effect in May 2021. Examiners will be looking at whether advisors have adopted written rules and procedures that “are reasonably designed” to prevent rule violations. Several experts also believe that SEC examiners will expect firms to apply Reg BI standards to ESG recommendations.

Finsum:The SEC's Examinations Division released its annual Exam Priorities this week, detailing its areas of focus for 2023, which includes Reg BI, ESG, and the new marketing rule.

On Monday, the Securities and Exchange Commission warned that broker-dealers are using outdated systems to ensure Regulation Best Interest compliance, resulting in violations in areas such as rollover and account recommendations. In a recently released Risk Alert, the SEC’s exam division points to several compliance deficiencies that it has found during exams. Following Reg BI’s June 30, 2020, compliance date, the Division of Examinations started conducting broker-dealer exams to assess compliance with the rule. The risk alert calls attention to deficiencies noted during exams, and examples of weak practices that could result in deficiencies. The Risk Alert stated that moving forward, the exam division intends to incorporate compliance with Reg BI “into retail-focused examinations of broker-dealers, particularly those that include sales practices within the scope of the examination.” According to the SEC, broker-dealers are relying “heavily on surveillance systems that existed before the effective date” of Reg BI “without considering whether those systems needed modification.” The SEC also found conflict of interest failures such as broker-dealers not having written policies and procedures on how conflicts are to be identified or addressed and failures to disclose information on website postings. Other failures included registered reps acting in multiple roles, and the failure to disclose that these “multiple relationships require disclosures of capacity and may require additional disclosure of conflicts.”

Finsum:The SEC recently issued a Risk Alert, warning broker-dealers that they are using outdated systems to ensure Reg BI compliance, resulting in violations in rollover and account recommendations.