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Regulation and Compliance > Federal Regulation > FINRA

FINRA Seeks to Ease Worries on New Home Office Rules

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What You Need to Know

  • Some BDs are incorrectly saying their workers will be required to return to the office full time, FINRA says.
  • The regulator issued a statement emphasizing that the new rules were intended to create more flexibility while ensuring home offices were subject to inspection.
  • Comments by compliance officers about operational challenges created by the rules might have spurred the statement, a compliance pro says.

FINRA’s new Residential Supervisory Location rule and Remote Inspections Pilot Program rule give broker-dealers more flexibility — not less — to allow brokers to work from home, according to FINRA.

Some broker-dealers have been stating the new rules are “stringent” and will require BDs “to bring their workforce back to the office full time,” FINRA said late Wednesday in a statement. “This is incorrect.”

A location from which an associated person “regularly conducts securities business on behalf of a member firm, including a home office, has always been subject to possible disclosure, registration and inspection under FINRA rules and applicable rules of other regulators,” FINRA points out.

COVID-19 prompted FINRA to provide member firms with temporary relief from many of these requirements.

After more than three years of rulemaking, “during which FINRA engaged in substantial outreach to member firms,” the regulator told broker-dealers in January that the temporary relief would end on May 30, a year after the official end of the pandemic.

Member firms “largely expressed strong support for these new rules,” FINRA said.

Industry Weighs In

Carlo di Florio, Global Advisory Leader at ACA Group, said in an email that FINRA’s statement is likely in response to “comments made by firm CCOs” at FINRA’s annual conference, held May 14-16 in Washington, “about some of the operational challenges firms are facing with the new rules, including statements that some are bringing folks back to the office.”

With its statement, “FINRA is simply clarifying that the new framework they are introducing is designed to create more flexibility for hybrid and work from home, not less,” di Florio said.

Francois Cooke, managing director at ACA, added that “our team has not received any feedback that the new FINRA rules had been interpreted as requiring firms to bring the workforce back to the office full time.”

Ben Marzouk, partner at Eversheds Sutherland in Washington, stated in another email that the new remote office rules “do have several conditions that broker-dealers need to meet in order to avail themselves of the new ‘remote’ office framework.”

That said, “FINRA is correct that the rules are ultimately intended to provide firms greater flexibility to allow registered persons to work from home — the rules don’t force anyone back to the office 5-days/week, and aren’t intended to have that effect either,” Marzouk relayed.

“All FINRA is saying is that if you’re going to continue to allow your persons to work remotely … you’ll need to supervise and inspect those offices like you would any other office,” Marzouk said.


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