Question

Difficulty: MediumGifts, Gratuities, Political Contributions, and Outside Business Activities

A registered representative at a FINRA member broker-dealer is offered a compensated weekend position as a financial consultant for a local commercial real estate company. The consulting work is entirely outside the scope of her employment with the broker-dealer and does not involve selling securities or soliciting clients. Which of the following actions must the representative take prior to engaging in this activity?

  1. Provide prior written notice to her employing member firm in the form specified by the firm.Answer
  2. B
    Obtain prior written approval directly from FINRA and the SEC before receiving any outside compensation.
  3. C
    No notification or firm permission is necessary because the position does not involve investment banking or securities transactions.
  4. D
    Refrain from taking the position because accepting any compensated outside employment triggers an automatic two-year statutory disqualification under MSRB rules.

Answer

The registered representative must provide prior written notice to her employing member firm before engaging in the compensated outside business activity.
Under FINRA Rule 3270, no registered person may be employed by, or accept compensation from, any other person as a result of any business activity outside the scope of the relationship with the member firm unless prior written notice has been provided to the member firm in the form specified by the firm.

Step-by-Step Solution

1
Identify the relevant regulatory rule for outside employment.
FINRA Rule 3270 (Outside Business Activities) governs registered representatives receiving compensation outside their member firm.
Registered representatives must comply with SRO notification standards to prevent potential conflicts of interest.
2
Determine the exact requirement mandated by the rule.
The rule mandates providing prior written notice to the member firm in such form as specified by the member.
The firm must be informed in advance so it can evaluate whether the activity creates a conflict of interest or should be restricted/prohibited.

Key Concept

FINRA Rule 3270 Prior Written Notice Requirement for Outside Business Activities (OBA)
Rate this question