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ARTICLE · 28 APRIL 2011

Proposed FINRA Regulatory Changes Regarding Outsourcing That Require Attention

Loeb & Loeb LLP
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On March 29, 2011, the Financial Industry Regulatory Authority (FINRA) published for industry comment a proposed rule clarifying the scope of a member firm's obligations and supervisory responsibilities for functions or activities outsourced to a third-party.

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Akiba Stern
Akiba Stern

On March 29, 2011, the Financial Industry Regulatory Authority (FINRA) published for industry comment a proposed rule clarifying the scope of a member firm's obligations and supervisory responsibilities for functions or activities outsourced to a third-party. 

The proposed Rule ( FINRA Rule 3190 - Third-Party Service Providers) makes clear that:

  • when a member firm outsources a function or activity related to its business as a regulated broker-dealer to a third-party service provider, it does not relieve the member firm of its obligation to comply with applicable securities laws and regulations, and FINRA and Municipal Securities Rulemaking Board (MSRB) rules;
  • the member firm cannot delegate its responsibilities for, or control over, any outsourced functions or activities;

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