FINRA’s 2017 Regulatory & Exam Priorities

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On January 4, new President and CEO Richard Cook issued FINRA’s Annual Regulatory and Examination Priorities Letter. This year’s list in summary is:

New for 2017:

Targeted electronic off-site reviews “on select firms not scheduled for cycle exams.”
An annual summary report of key exam findings on selected issues
More resources for small firms, including:
– Compliance calendar;
– Compliance service provide directory.

High-Risk / Recidivist Brokers

Dedicated exam group
Supervisory procedures and due-diligence
Branch inspections

Sales Practices

Seniors: fraud and abuse; complex products; microcap pump-and-dump
Suitability & Concentration: interest-rate risk; ETPs, non-traded REITs
Churning Long-term Products: mutual funds, UITs, Vas
OBA & Private Securities Transactions
Social Media & ESI Retention / Supervision

Financial Risks

Liquidity Risk: firms’ liquidity risk management plans (Reg. Notice 15-33).
Financial Risk Management
Credit Risk: Rule 4210 – margin on covered agency trades

Operational Risks

Cybersecurity: risk mitigation programs, especially branch office controls and WORM document retention
Supervisory Controls Testing
Customer Protection and Asset Segregation
Reg. SHO: good locate and closing out fails
AML: automated process deficiencies; dedicated surveillance
MA Registration: proper registration and examination

Market Integrity

Manipulation: Big data to detect layering and spoofing
Best Execution: Reg. Notice 15-46
Audit Trail Reporting: responding promptly to early remediation reports
Tick Size Pilot
Market Access Rule compliance
Trading Exams: alternative trading systems disclosures
Fixed Income surveillance

The letter is here.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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