FINRA Proposes Rule Change to Expungement Rules

Posted on September 24th, 2020 at 3:59 PM

From the Desk of Jim Eccleston at Eccleston Law LLC:

The Financial Industry Regulatory Authority (“FINRA”) submitted a proposal to the U.S. Securities and Exchange Commission (“SEC”) to amend the Code of Arbitration Procedure relating to expungements. Under the new rule proposal, FINRA would maintain a list of special arbitrators for “straight-in” expungement requests. A “straight-in” expungement request is for customer complaints that did not have an underlying FINRA arbitration, or the FINRA arbitration was settled without an award. “Straight-in” requests would also be heard by a panel of three arbitrators. According to FINRA, there are currently too many “straight-in’ expungement requests being heard by a lone arbitrator. FINRA’s proposal describes the arbitrators’ role as fact finders, including requesting evidence, because customers often do not participate in these cases.

If an advisor wants to expunge a customer complaint that is the subject of a pending FINRA arbitration, the proposed amendments would require that the advisor bring that expungement action during the customer’s arbitration proceeding. The proposal would also prohibit advisors from seeking expungement more than two years after the close of an arbitration, or more than six years after the customer complaint was filed if an arbitration was not filed. FINRA’s proposal must be approved by the SEC.

The attorneys of Eccleston Law LLC represent investors and advisors nationwide in securities and employment matters. The securities lawyers at Eccleston Law also practice a variety of other areas of practice for financial investors and advisors including Securities FraudCompliance ProtectionBreach of Fiduciary DutyFINRA Matters, and much more. Our attorneys draw on a combined experience of nearly 65 years in delivering the highest quality legal services. If you are in need of legal services, contact us to schedule a one-on-one consultation today.

Tags: eccleston, FINRA, SEC, US Securities

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