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New FINRA books and records rules

Yoon‐Young Lee (Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, USA)
Bruce H. Newman (Partner Wilmer Cutler Pickering Hale and Dorr LLP, New York, New York, USA)
Kohki M. Kubota (Counsel at Wilmer Cutler Pickering Hale and Dorr LLP, New York, New York, USA)

Journal of Investment Compliance

ISSN: 1528-5812

Article publication date: 13 September 2011

Abstract

Purpose

The purpose of this paper is to explain newly approved Financial Industry Regulatory Authority (FINRA) books and records rule (Rules 2268, 4511, 4513, 4514, 4515, 5340, and 7440(a)(4)) that will go into effect on December 5, 2011.

Design/methodology/approach

The paper highlights the principal new compliance obligations for FINRA members set forth in these rules, including a default six‐year retention period for books and records; requirements to maintain names of associated persons responsible for accounts, to maintain signatures of persons with discretionary authority, to update account records, to preserve files of written customer complaints, to maintain account information after updating and account closure, to maintain authorization records for negotiable instruments, and to document changes in account names and designations; expansion of the deadline for post‐execution allocation to customer accounts; and disclosure requirements for pre‐dispute arbitration agreements.

Findings

In addition to consolidating and replacing existing requirements of existing NASD and NYSE rules, the new FINRA rules will impose a number of significant additional requirements for FINRA members.

Originality/value

The paper provides practical guidance from experienced financial services lawyers.

Keywords

Citation

Lee, Y., Newman, B.H. and Kubota, K.M. (2011), "New FINRA books and records rules", Journal of Investment Compliance, Vol. 12 No. 3, pp. 39-43. https://doi.org/10.1108/15285811111182997

Publisher

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Emerald Group Publishing Limited

Copyright © 2011, Emerald Group Publishing Limited