FINRA Requests Comment on Financial Technology Innovation in the Broker-Dealer Industry

Orrick - Finance 20/20
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On July 30, 2018, the Financial Industry Regulatory Authority (“FINRA“) published a Special Notice, in response to requests from the public, “seeking comments on how FINRA can support fintech development consistent with [its] mission.” In addition, FINRA requested “specific comment on certain fintech areas, including the provision of data aggregation services, supervisory processes concerning the use of artificial intelligence, and the development of a taxonomy-based machine-readable rulebook.”

The Special Notice recites a number of the steps FINRA has already taken to improve its understanding of how fintech is “transforming the securities industry and to provide information to investors and [its] members about these developments.” Among other things, the Special Notice references FINRA’s report: “Distributed Ledger Technology: Implications of Blockchain for the Securities Industry” (the “Report“).

The Report surveys some of the operations and regulatory considerations for broker-dealers seeking to be involved in the digital asset space. The Report leaves no doubt that broker-dealers that wish to organize and operate a platform for transactions in crypto-currency securities face many challenges that must be addressed with FINRA.

The Comment Period Expires on October 12, 2018.

 

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. Attorney Advertising.

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