FINRA Sanctions Brokerage Representative for Unreported and Unauthorized Outside Activities and Trading

Employees’ outside business activities (OBAs) and personal trading can create multiple regulatory and compliance issues for advisers, including conflicts of interest and insider trading risk. A FINRA enforcement proceeding against a registered representative of an SEC-registered investment adviser and broker-dealer asserts that he violated FINRA rules requiring disclosure of OBAs and private securities transactions. The broker-dealer, which discovered and investigated his activities, was not a party to the proceeding and was not charged with any rule violations in connection with the matter. Although the settlement involved a registered representative of a brokerage firm, it is an important reminder that investment advisers must carefully monitor their employees’ outside business and trading activities; have appropriate policies and procedures to govern those activities; and follow up on any issues they identify. This article recounts the underlying allegations in the proceeding, the broker-dealer’s actions in response to the representative’s activities and the terms of the settlement. See “A Look at FINRA’s 2023 Report on Examinations and Risk Monitoring” (Mar. 16, 2023); and “Navigating the SEC’s Interpretation Regarding an Investment Adviser’s Standard of Conduct: Three Tools to Systematically Monitor Conflicts of Interest (Part Three of Three)” (Nov. 7, 2019).

To read the full article

Continue reading your article with a HFLR subscription.