ARTICLE
22 September 2021

FINRA Proposes Amendments To Rules On Customer Statements

CW
Cadwalader, Wickersham & Taft LLP

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The proposal would add new supplementary materials to FINRA Rule 2231 and incorporate "without substantive change" existing provisions of Temporary Dual FINRA-NYSE Rule Interpretation 409T.
United States Finance and Banking
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FINRA proposed amendments to harmonize FINRA Rule 2231 ("Customer Account Statements") with Temporary Dual FINRA-NYSE Rule 409T ("Statements of Accounts to Customers") and Temporary Dual FINRA-NYSE Rule Interpretation  409T. The proposal would add new supplementary materials to FINRA Rule 2231 and incorporate "without substantive change" existing provisions of Temporary Dual FINRA-NYSE Rule Interpretation 409T.

FINRA proposed to add to Rule 2231:

  • Supplementary Material .01, which would remind firms of their obligations under FINRA Rule 4311 ("Carrying Agreements");
  • Supplementary Material .02, which would address the transmission of customer account statements to a third party;
  • Supplementary Material .03, which would expressly allow electronic media use as a means to satisfy delivery obligations; and
  • Supplementary Material .04, which would permit a firm to hold customer mail pursuant to FINRA Rule 3150 ("Holding of Customer Mail").

In addition, FINRA proposed supplementary materials that would transfer from Temporary Dual FINRA-NYSE Rule Interpretation 409T requirements regarding: (i) the information that must be disclosed on the front of an account statement; (ii) the separation of externally held assets on account statements; (iii) the use of logos and trademarks; and (iv) summary statements.

FINRA also proposed the deletion of Temporary Dual FINRA-NYSE Rule 409T and the Temporary Dual FINRA-NYSE Rule Interpretation 409T.

Comments on the proposed harmonization should be submitted within 21 days of its publication in the Federal Register.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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