Tag Archives: Financial Planners

Regulatory Analysis: FINRA Rule 2111 – Suitability

The following is part of an occasional series on specific rules and regulations governing financial professions.  This article will analyze FINRA Rule 2111, which establishes an advisor’s duty to recommend investments that are suitable for his or her customers. Rule 2111 – Suitability (a) A member or an associated person must have a reasonable basis …

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Definition of a Security: It’s All in the Family (Resemblance Test)

This article is the first in an occasional series on the definition of a “security.”  The answer is important.  When a financial instrument qualifies as a security, it unlocks a set of laws and regulations that would not otherwise apply.  These include two statutes that are discussed extensively below: the Securities Act of 1933 and …

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Regulatory Analysis: FINRA Rule 3270 – Disclosure of Outside Business Activity (Part II)

This article is part of an occasional series on specific rules and regulations governing financial professions.  It is also the second in a multi-part analysis of FINRA Rule 3270.  Part II will analyze portions of the rule’s text that were not discussed in Part I, examine the content required for a notice under 3270 and …

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Regulatory Analysis: FINRA Rule 3270 – Disclosure of Outside Business (Part I)

This article is part of an occasional series on specific rules and regulations governing financial professions.  It is also the first in a multi-part analysis of FINRA Rule 3270. Part II is available here. THE RULE FINRA Rule 3270 – Outside Business Activity of Registered Persons No registered person may be an employee, independent contractor, …

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The Nature and Extent of Arbitral Immunity

While the COVID-19 pandemic has shuttered much of the country’s judicial machinery, courts have released opinions on matters argued prior to the stoppage.  Two recent federal court opinions – Cherdak, out of the D.C. District[1] and Lanza, decided by the First Circuit[2] – touched on an issue with relevance to financial professionals: arbitral immunity.  This …

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