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FINRA Requests Comments for Proposed Amendments to FINRA Rule 2165 -

On October 5, the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 20-34, which requests comment on proposed amendments to Rule 2165. In August 2019, FINRA conducted a retrospective review to evaluate the effectiveness of its rules and processes related to the protection of seniors. Based on the results received from their review, which are also reflected in Regulatory Notice 20-34, FINRA has proposed amendments to FINRA Rule 2165 that are intended to address suspected financial exploitation of senior investors. Rule 2165, among other things, permits a member firm to place a temporary hold on a disbursement of funds or securities from the account of a “Specified Adult” (i.e., a natural person age 65 and older or a natural person age 18 and older who the member reasonably believes has a mental or physical impairment that renders the individual unable to protect his or her own interests). FINRA asserts that temporary holds on disbursements are crucial in providing member firms a way to quickly respond to suspicions of financial exploitation before the customer suffers any potential significant losses.

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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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