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Suitability Requirements Broker-Dealer

Faegre Drinker Biddle & Reath LLP

And Now for the SEC’s First Substantive Reg BI Action

We have made it a point previously in this blog to track developments of the SEC’s Regulation Best Interest (Reg BI), even speculating more aggressive enforcement actions could be coming due to certain Reg BI deficiency...more

UB Greensfelder LLP

Passing The Suitability Buck To The Customer Is Never A Good Strategy

UB Greensfelder LLP on

I continue to wade my way through a few months’ worth of cases, press releases, etc., looking for things that manage to catch my attention. I found this SEC settlement from the end of July involving Integral Financial, a BD...more

Faegre Drinker Biddle & Reath LLP

Best Interest Standard of Care for Advisors #32

Regulation Best Interest: Best Interest and Suitability—How They Differ (Part 3) - Regulation Best Interest (Reg BI) imposes a “best interest” standard of care on broker-dealers for their recommendations of securities and...more

Carlton Fields

New Jersey Fiduciary Rule Pre-Proposal

Carlton Fields on

On October 15, the New Jersey Bureau of Securities (Bureau) requested public comments on the concept of amending the New Jersey Blue Sky regulations “to require that broker-dealers, agents, investment advisers, and adviser...more

Carlton Fields

Class Certification Denied in Suitability Class Action

Carlton Fields on

The Southern District of New York recently declined to certify a class in a suit relating to investments in certain closed-end mutual funds, holding that individual questions overwhelmed the class-wide questions in...more

Allen Matkins

Suitability Of Broker-Dealer Recommendations And Litotes

Allen Matkins on

The Financial Industry Regulatory Authority, better known as FINRA, imposes a suitability requirement on its members. Rule 2111(a) requires, in part, that a broker-dealer or registered representative “have a reasonable basis...more

Carlton Fields

“Promptly Transmit” Redefined for Some Customer Checks

Carlton Fields on

The SEC and FINRA recently extended relief originally granted to accommodate suitability reviews of deferred variable annuities, so that the relief is now also available for mutual funds, Section 529 plans, and other...more

Carlton Fields

FINRA: “Fiduciary” Standard Architect?

Carlton Fields on

FINRA is encouraging broker-dealers (BDs) to act in their customers’ best interests, although the "suitability" standard applicable to BDs does not expressly require it. For example, in 2012, FINRA implemented an...more

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