8.1.3. Suitability Rule
Broker-dealers must believe on reasonable grounds that the transactions or strategies they recommend are suitable for an individual customer. Firms may approve an account only after conducting a suitability analysis, based on the firm’s due diligence in understanding the risks of the recommendations they make and the customer’s personal and investment profile. They must make “reasonable efforts” when opening an account to collect and maintain this information.
Specifically, FINRA recognizes three components with regard to suitability obligations:
- 1. Reasonable-basis obligation. A broker-dealer must understand the complexity and risks of a security or investment strategy and consciously determine whether it is suitable for at least some investors. If a member firm or its brokers and dealers do not understand the risks and mechanics of mortgage-backed securities, for example, it is a suitability violation to recommend them to investors.
- 2. Customer-specific obligation. A broker-dealer must have a reasonable b