The Financial Industry Regulatory Authority (FINRA) is a critical part of the regulatory landscape for securities firms doing business in the United States. As a non-governmental organization, FINRA plays a key role in overseeing and regulating member brokerage firms and exchange markets. This independent agency works to protect investors by ensuring high standards of conduct and business operations in the financial industry.

In this comprehensive guide, we’ll explore the origins, roles, operations, programs, and impact of FINRA. Whether you’re an investor looking to better understand securities regulation or a professional in the financial services industry, this article provides key insights into this powerful watchdog organization.

Introduction to FINRA

The Financial Industry Regulatory Authority was formed in 2007 through the consolidation of the National Association of Securities Dealers (NASD) and the regulatory arm of the New York Stock Exchange. FINRA describes itself as “an independent, not-for-profit organization authorized by Congress to protect America’s investors by making sure the securities industry operates fairly and honestly.”

Headquartered in Washington, D.C., FINRA oversees over 4,400 brokerage firms, around 630,000 registered securities representatives, and 11,000 public companies. It monitors trading activity across financial markets including the New York Stock Exchange and NASDAQ as well as over-the-counter trading.

FINRA enforces market rules and federal regulations, including many rules of the Securities and Exchange Commission (SEC). It has the power to conduct investigations and bring disciplinary actions against firms or brokers. Sanctions can include censures, fines, suspensions, and bans from the securities industry.

While not a governmental agency, FINRA is overseen by the SEC which must approve all of FINRA’s rules and regulations. The SEC often relies on FINRA to examine brokers and enforce security laws and regulations.

Key Roles and Responsibilities of FINRA

FINRA serves many critical functions in providing oversight to securities markets and protection to investors. Here are some of its main roles and responsibilities:

  • Firm registration and licensing – FINRA operates the Central Registration Depository which manages registration and licensing for securities brokers and firms. Individuals must pass exams to become registered representatives able to sell securities.
  • Industry standards and rules – FINRA writes rules to establish standards of practice for securities firms and brokers. Rules address issues like sales practices, disclosure, qualifications, and arbitration.
  • Compliance monitoring – Through routine examinations as well as spot checks, FINRA monitors firms for compliance with regulations. It ensures proper bookkeeping, safeguards customer assets, and identifies violations.
  • Investigations and disciplinary actions – FINRA has an enforcement arm to investigate complaints of misconduct or malpractice. It can level fines, suspensions, and other sanctions against firms and individuals for rule violations.
  • Dispute resolution – FINRA operates the largest arbitration and mediation forum for dispute resolution between the securities industry and customers. It provides an efficient alternative to court litigation.
  • Market transparency – FINRA operates reporting systems and audit trails to track market activity and prices. This allows it to monitor for insider trading and other abuses while supporting fair and orderly markets.
  • Education and guidance – FINRA issues investor alerts and guidance to help consumers make wise investment decisions and avoid fraud. Its website provides educational resources on investing, regulation, and fraud protection.

Key Programs Administered by FINRA

FINRA administers a number of critical programs that allow it to fulfill its regulatory mission:

BrokerCheck

BrokerCheck is a free tool that allows investors to research the professional backgrounds of current and former FINRA-registered securities brokers and firms. Information provided includes employment history, licenses and registrations, disciplinary actions, and civil judgments. This helps investors make informed choices about brokers they may wish to work with.

Market Regulation

FINRA monitors trading activity across US stock markets and over-the-counter securities to protect market integrity. Using audit trail data, it looks for manipulative or disruptive quoting and trading activity that may constitute violations. Routine examinations also ensure firms comply with reporting rules.

Advertising Regulation

FINRA reviews broker-dealer advertisements, sales literature, and correspondence with the public to ensure balanced presentations and disclosures. This helps protect investors from false or misleading marketing claims. Pre-use filing requirements apply to certain types of communications.

Securities Helpline for Seniors

This helpline provides investors age 65 and older with a support system to get assistance on issues like identity theft, foundation fraud, and unsuitable investments. The toll-free number is 844-57-HELPS. FINRA partners with other regulators to operate this free resource.

Office of the Whistleblower

This office reviews and assesses high-quality tips regarding potential securities violations that could cause significant harm to investors. Whistleblowers who provide information leading to successful enforcement may be entitled to monetary awards.

Continuing Education

FINRA requires registered representatives to undergo continuing education to stay current on new products, rules and regulations, ethics standards, and sales practices. Mandatory training helps brokers provide better service to investors.

Oversight of FINRA

While FINRA is an independent, self-regulatory organization, it is overseen by the Securities and Exchange Commission which has authority to approve or reject FINRA’s rules and regulations.

The SEC examines FINRA’s programs and operations to ensure it is able to carry out its regulatory functions. This oversight ensures FINRA is operating in the public interest and fulfilling its regulatory mission.

FINRA is also overseen by a Board of Governors comprising professionals from the securities industry as well as prominent public members. The current Chairman and CEO is Robert Cook, who leads FINRA’s executive management team.

Impact of FINRA in the Financial Industry

Since its inception, FINRA has had a major impact on the operation of securities markets and conduct within the industry:

  • Investor protection – By overseeing brokers and securities firms, FINRA helps deter misconduct and fraud, leading to greater investor confidence and participation in markets. Investors have a resource to turn to for assistance with broker disputes.
  • Market integrity – FINRA market regulation and surveillance deters manipulative and disruptive quoting/trading activity. This ensures orderly, equitable markets investors can have faith in.
  • Industry standards – FINRA rules and ethics training ensure brokers meet high standards for qualifications, sales practices, disclosure, and fair dealing with customers. This raises the conduct bar industry-wide.
  • Compliance and supervision – Routine FINRA examinations compel firms to maintain vigilant compliance programs and supervisory systems. This deters unethical business practices.
  • Transparency – Extensive reporting requirements monitored by FINRA enhance transparency and allow the detection of wrongdoing like insider trading and Ponzi schemes.
  • Dispute resolution – FINRA arbitration provides efficient resolution of disputes between investors and brokers as an alternative to court. In 2019 alone it administered over 3,400 arbitrations.

While not perfect, FINRA provides valuable oversight and investor protection that bolsters confidence in capital markets. It works as a deterrent and remedy for many industry harms that regulators alone may not be able to address as effectively.

Critical Issues and Challenges Facing FINRA

Despite its regulatory accomplishments, FINRA faces criticism on certain fronts and continues working to improve its operations. Some key issues include:

  • Arbitration fairness – Critics argue FINRA arbitration is biased toward the industry and limits investor recoveries. FINRA counters that arbitrators are neutral and recovery rates are comparable to court. It has made efforts to increase transparency in the arbitration process.
  • Examination effectiveness – Given the vast number of firms and registered representatives, exam frequency is low. Some argue risk-based exams fail to catch serial offenders early enough. FINRA notes exams have increased substantially in recent years.
  • Governance and accountability – Advocates say FINRA governance unduly favors industry insiders over investor interests and public members. There are calls for greater SEC oversight of board appointments and executive compensation.
  • Regulatory capture – Detractors suggest FINRA is subject to regulatory capture based on its close industry ties. They contend lax enforcement and fine levels reveal a reluctance to vigorously discipline member firms. FINRA maintains it acts as an unbiased regulator.
  • Brokercheck limitations – While a useful tool, Brokercheck omits certain details like investor complaints and investigations-in-progress that advocates say should be included. FINRA counters that confidentiality and fairness concerns preclude real-time reporting of unproven allegations.

Addressing these challenges while adapting to an evolving investment landscape will occupy FINRA regulators and industry leaders in the years ahead.

Conclusion

As one of America’s key securities industry watchdogs, the Financial Industry Regulatory Authority plays an indispensable role in overseeing broker-dealers and financial markets. Through registration, regulations, monitoring, enforcement, and transparency programs, FINRA protects investors and promotes high standards of conduct across the industry.

While not without critics, FINRA provides meaningful protections that bolster confidence in capital markets. The organization continues its efforts to enhance programs, address emerging risks, and ensure fair treatment of investors as well as the integrity of securities firms. As regulations and markets change, expect FINRA to remain a central pillar of oversight in the financial industry for the foreseeable future.