Exam Alert: The Series 99 Outline is Up!

FINRA recently posted the outline for the new Series 99 Operations Professionals Exam. The Madoff-inspired test is meant to ensure that Continue reading

FINRA recently posted the outline for the new Series 99 Operations Professionals Exam.  The Madoff-inspired test is meant to ensure that operations professionals understand the fundamentals of the operations and regulations of a broker-dealer’s business.  Click here to see the official outline.

What will be tested on the exam?

This exam will be three hours and consist of 110 questions (10 unscored) focusing on the following three topics:

Basic knowledge associated with the securities industry – basic questions about SROs, types of markets, types and characteristics of securities, broker-dealers versus investment advisers, suitability, and types of broker-dealers

Basic knowledge associated with broker-dealer operations – basic questions about types of accounts, maintenance of accounts, custody, anti-money laundering, margin, short sales, settlement, tax-reporting, and record-keeping

Professional conduct and ethical considerations – questions on FINRA conduct rules involving privacy, complaints, information barriers, written supervisory procedures, and registration

The test will be more heavily weighted toward the second category with 48 questions on broker-dealer operations.  Securities industry knowledge is the second most important topic with 32 questions and the remaining 20 questions will be comprised of conduct and ethics.  FINRA has yet to release the score that will be required to pass.

How difficult is the exam? 

The exam outline contains 30 practice questions that represent the level of difficulty of the exam questions.  Based on these sample questions the exam appears to be comparable to the Series 6 exam.

Who will have to take the exam? 

Day One Professionals – Individuals who currently work as operations supervisors or operations managers or individuals who currently have the authority to materially commit capital in various back office functions.  These individuals must be identified by December 16, 2011 and must register within 60 days of being identified.  Those registered individuals will then have until October 17, 2012 to pass the Series 99 or a comparable exam such as the Series 6 or Series 7.

Non-Day One Professionals – Individuals who are not currently working in back-office activities, but plan to in the future.  These individuals must pass the Series 99 or a comparable exam before engaging in back-office activities.  They are not subject to the 12-month transition period.

Individuals who hold the following Series Exams will be exempt from taking the Operations Professionals Exam:  Series 4, 6, 7, 9/10, 14, 16, 17, 23, 24, 26, 27, 28, 37, 38, 51, and 52.

FINRA Alert: New rules for social media and personal device use for business purposes

Since FINRA first released rules regarding these issues back in 2010, many in the finance industry have raised questions and concerns over their abilities Continue reading

Since FINRA first released rules regarding these issues back in 2010, many in the finance industry have raised questions and concerns over their abilities to comply with these rules while keeping up with explosion of social media.  Last week, FINRA responded to these concerns by releasing several guidelines clarifying rules surrounding use of social media websites and personal devices for business purposes.  For example, some of the guidelines included the following:

  • If an individual posts a statement on Twitter on behalf of the firm, that will likely constitute an interactive statement and not require prior approval by a firm’s registered principal.  However, if that statement is then posted on a blog, becoming a static statement (and therefore an advertisement), prior approval is necessary.
  • Whether a statement is interactive or static, recordkeeping rules still apply.  This means that individuals and/or firms may not use social media sites or devices that automatically delete any posts.
  • Individuals may respond to third-party business-related posts on their personal social media site without violating FINRA guidelines.  However, responses must conform to firms’ individual policies regarding these types of posts.
  • As long as firms are able to keep records and supervise activity, individuals may use their own personal devices (e.g. a smart phone or a tablet) to conduct business and access business applications.  Something to keep in mind when using a personal device to conduct business: firms are allowed to supervise all communications made on personal devices, including personal communications, if the device is ever used for business purposes.

These are just a sampling of issues the recent FINRA Regulatory Notice addressed.  Please click here to review the full notice.