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The purpose of this paper is to summarize the SEC's recent approval of amendments to its net capital, customer protection, books and records, notification and reporting requirements for broker-dealers, in an effort to enhance financial responsibility and investor asset safekeeping obligations.

The paper summarizes new requirements for broker-dealers relating to custody, reporting, and Rules 15c3-3 (customer protection rule), 15c3-1 (net capital rule), 17a-3 and 17a-4 (books and records rules) and 17a-11 (notification rule) under the Securities Exchange Act of 1934; explains that several of the amendments approved codify long-standing SEC staff interpretations of the rules and accounting standards that govern these requirements; clarifies whether the requirements apply to broker-dealers that carry customer accounts on their books (commonly referred to as “carrying brokers”) and/or to limited-purpose broker-dealers that do not carry customer accounts on their books.

Although certain of the amendments codify long-standing SEC staff interpretations of the rules and accounting standards, broker-dealers will be subject to additional legal and regulatory requirements resulting from the amendments commencing in October 2013.

Broker-dealers should begin to consider whether changes to operations, policies and procedures, and reporting obligations will be required as a result of the amendments.

The paper provides practical explanation by experienced financial services lawyers.

To explain two new Financial Industry Regulatory Authority (FINRA) rule provisions, effective February 5, 2018, that were designed to provide firms with more effective tools to address suspected financial exploitation of seniors and other vulnerable adults, a new Rule 2165, Financial Exploitation of Specified Adults, and an amended Rule 4512, the “Trusted Contact Person” amendment.

Mentions FINRA’s and US Securities and Exchange Commission’s (SEC’s) longstanding concern about schemes targeting the financial assets of seniors. Provides an overview of the rule changes, including the safe harbor under Rule 2165, which specifies the conditions under which it is permissible for a firm to place a temporary hold on a disbursement, the obligations generated by the decision to place such a temporary hold, and the requirement under amended Rule 4512 for a firm to make reasonable efforts to obtain the name and contact information of a Trusted Contact Person (TCP) for each non-institutional customer’s account.

The new FINRA rule provisions create obligations for firms and also provide firms with optional additional tools to address potential financial exploitation of certain customers.

Firms should be mindful that they must develop appropriate procedures, controls, and training around the authority to place a temporary hold on a customer disbursement.

This article contains valuable information about recent FINRA rule changes and practical guidance from experienced securities lawyers.