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May 19, 2023 at 11:47 AM
While the bulletins on Regulation Best Interest from the Securities and Exchange Commission don’t create new rules, they will be used by examiners, top compliance officials warned Thursday.
During a panel session Thursday at the Financial Industry Regulatory Authority’s annual conference in Washington, Bob Colby, FINRA’s chief legal officer, queried top compliance and legal officers about what they learned from the bulletins and how should firms should be using them.
“Footnote 1 of every staff bulletin also the first paragraph of the FAQs is that [they] have no formal legal effect; it does not amend or alter Reg BI. It does not add new obligations or change any existing obligations,” said Evan Charkes, managing director and associate general counsel for Bank of America. “You have to keep that in mind as you’re absorbing all of the guidance that’s come out. That’s not to say to not take it serious. Do. But it doesn’t change Reg BI.”
Colby then asked: “So why read it?”
“Because it will be interesting over the years to see how the examiners, both from the SEC and from FINRA, look at that guidance and then say to all of us: ‘How come you didn’t do X? ‘It’s right here: question 4 says, ‘We suggest you do this.’ ‘Did you do this?’” Charkes responded. “I think that’s how it’s going to play out.”
