Financial Industry Regulatory Authority (FINRA)
Financial Industry Regulatory Authority (FINRA)
A self-regulatory organization (SRO) that regulates broker-dealers and their registered representatives through examination, enforcement, and rule-making authority. Operates under SEC oversight. Does NOT regulate investment advisers or registered investment advisers (RIAs). Administers qualification exams including Series 6, 7, 63, and 65.
A stockbroker at a national brokerage firm must register with FINRA, pass the Series 7 exam, and comply with FINRA continuing education requirements. However, if the same firm also has an investment advisory division, those IARs register with the SEC or state, not FINRA.
Students often incorrectly assume FINRA regulates all financial professionals. FINRA ONLY regulates broker-dealers and their representatives. Investment advisers and IARs are regulated by the SEC (federal covered) or state securities regulators, not FINRA. Dual registrants must comply with both regulatory frameworks.
How This Is Tested
- Distinguishing which financial professionals fall under FINRA jurisdiction versus SEC/state jurisdiction
- Identifying FINRA as a self-regulatory organization (SRO) operating under SEC oversight
- Recognizing FINRA's role in administering broker-dealer qualification exams (Series 6, 7, 63, etc.)
- Understanding FINRA's enforcement and disciplinary authority over broker-dealers
- Differentiating between FINRA rules for broker-dealers and SEC/state rules for investment advisers
Regulatory Limits
| Description | Limit | Notes |
|---|---|---|
| FINRA registration requirement | All broker-dealers operating in the US | Does NOT include investment advisers or RIAs |
| Examination authority | Broker-dealer firms and registered representatives | Can conduct on-site examinations and audits |
| Disciplinary authority | Fines, suspensions, and expulsions from the industry | For violations of FINRA rules or securities laws |
Example Exam Questions
Test your understanding with these practice questions. Select an answer to see the explanation.
Jennifer recently started working at a financial services firm. She provides investment advice to clients for a fee and has discretionary authority over client accounts. Her firm is registered as an RIA with the SEC. Which statement about Jennifer's registration requirements is accurate?
B is correct. Since Jennifer works for an SEC-registered RIA (federal covered adviser), she must register as an IAR with the SEC through the IARD system, not with FINRA. FINRA only regulates broker-dealers and their registered representatives, not investment advisers or IARs. A is incorrect because FINRA does not regulate IARs. C is incorrect because while she may need to pass the Series 65 exam (or equivalent), she registers with the SEC, not FINRA. D would only be correct if her firm were state-registered, not SEC-registered.
The Series 65 exam tests your ability to distinguish between FINRA's jurisdiction (broker-dealers) and SEC/state jurisdiction (investment advisers). This is critical for understanding which regulatory framework applies to different financial professionals and avoiding improper registration.
Which of the following entities does FINRA directly regulate?
C is correct. FINRA is a self-regulatory organization with authority to regulate broker-dealers and their registered representatives (those who buy and sell securities for clients). FINRA does NOT regulate investment advisers (A), investment adviser representatives (B), or registered investment advisory firms (D). These entities are regulated by the SEC (if federal covered) or state securities regulators.
The Series 65 exam frequently tests the fundamental distinction between FINRA's jurisdiction over broker-dealers and the SEC/state jurisdiction over investment advisers. This knowledge is essential for understanding regulatory oversight in the securities industry.
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C is correct. Dual registrants who engage in both broker-dealer activities and investment advisory activities must comply with BOTH regulatory frameworks. This requires FINRA registration for the broker-dealer functions (with appropriate qualification exams like Series 7) AND registration as an IAR for the advisory functions (with Series 65 or equivalent). The percentage split is irrelevant. any amount of activity in each category triggers registration requirements. A and B are incorrect because they only address one aspect of the dual registration. D is incorrect because both activities trigger separate registration obligations.
The Series 65 exam tests your understanding of dual registration requirements for professionals who operate in both capacities. Many firms and individuals in the industry maintain both broker-dealer and investment adviser registrations, making this a practical and frequently tested concept.
All of the following statements about FINRA are accurate EXCEPT
D is correct (the EXCEPT answer). FINRA does NOT regulate, register, or examine investment advisers. Investment advisers are regulated by the SEC (if federal covered with $110M+ AUM) or state securities regulators (if managing less than $110M). A is accurate: FINRA is indeed a self-regulatory organization operating under SEC oversight. B is accurate: FINRA administers exams including Series 6, 7, 63, and others for broker-dealer representatives. C is accurate: FINRA has enforcement authority to impose fines, suspensions, and industry expulsions for rule violations.
The Series 65 exam tests your ability to distinguish between FINRA's broad authority over broker-dealers and its complete lack of authority over investment advisers. This is one of the most fundamental regulatory distinctions in the securities industry and appears frequently on the exam.
FINRA is conducting a routine examination of a broker-dealer firm. Which of the following activities fall within FINRA's regulatory authority?
1. Examining the firm's books and records related to securities transactions
2. Reviewing the firm's compliance with fiduciary duty standards for investment advisers
3. Investigating customer complaints about unsuitable securities recommendations
4. Enforcing continuing education requirements for the firm's registered representatives
B is correct. Statements 1, 3, and 4 are all within FINRA's authority over broker-dealers. Statement 1 is TRUE: FINRA can examine broker-dealer books and records as part of its regulatory oversight. Statement 3 is TRUE: FINRA has authority to investigate suitability complaints against broker-dealers and their representatives. Statement 4 is TRUE: FINRA establishes and enforces continuing education requirements (Regulatory Element and Firm Element) for registered representatives. Statement 2 is FALSE: FINRA does NOT regulate investment advisers or enforce fiduciary standards for IAs. that authority belongs to the SEC and state regulators.
The Series 65 exam tests detailed knowledge of FINRA's specific regulatory powers and limitations. Understanding what FINRA can and cannot do is essential for advising clients about regulatory oversight and compliance obligations in the securities industry.
π‘ Memory Aid
Think of FINRA as the "Stock Trading Police": FINRA patrols broker-dealers who BUY and SELL securities (the trading floor). Investment advisers who just give advice? Different jurisdictionβthat's SEC/state territory, not FINRA's beat!
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Where This Appears on the Exam
This term is tested in the following Series 65 exam topics: