ARTICLE
17 February 2022

FINRA Amends Rule Protecting Seniors From Financial Exploitation

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
The amendments will become effective on March 17, 2022.
United States Finance and Banking
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FINRA adopted amendments to Rule 2165 ("Financial Exploitation of Specified Adults"). As previously covered, the amendments will allow member firms to (1) place a hold on securities transactions where there is a reasonable belief of financial exploitation and (2) extend a temporary hold on a disbursement or transaction for an additional 30 business days beyond the 25-business-day period if a member firm has reported the matter to a state regulator or agency, or a court of competent jurisdiction.

FINRA stated that the amendments will allow member firms to place a hold on transactions, rather than just on disbursements, and will provide state authorities with enough time to conduct thorough investigations of potential fraud.

The amendments will become effective on March 17, 2022.

Commentary

Does a broker-dealer have liability to its customer if the firm delays or prevents a transaction that turns out to be profitable?

Primary Sources

  1. FINRA Regulatory Notice 22-05: FINRA Adopts Amendments to FINRA Rule 2165

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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