Question

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

A registered representative is evaluating several activities outside of their regular employment with a member broker-dealer. Under FINRA Rule 3270 regarding Outside Business Activities (OBA), which of the following activities require the representative to provide prior written notice to their firm?

  1. Working as a paid evening instructor for a local community collegeAnswer
  2. Providing paid financial consulting services to a private technology startupAnswer
  3. C
    Volunteering as an uncompensated weekend event coordinator for a local registered charity
  4. D
    Managing a personal investment portfolio by purchasing shares of publicly traded equities

Answer

The activities requiring prior written notification are working as a paid evening instructor at a community college and providing paid financial consulting services to a private startup.
Under FINRA Rule 3270, prior written notification to the member firm is required whenever a registered representative engages in any business activity outside the firm for which they are compensated or expect to be compensated. Both the paid teaching position and the paid private startup consulting role involve outside compensation and therefore require prior written notice.

Step-by-Step Solution

1
Identify the core requirement of FINRA Rule 3270 regarding Outside Business Activities (OBA).
FINRA Rule 3270 mandates that an associated person must provide prior written notice to their member firm before engaging in any business activity outside the scope of their employment for which they receive, or have the expectation of receiving, compensation.
The rule is designed to prevent conflicts of interest and ensure proper supervision of financial activities.
2
Evaluate each candidate activity for compensation or business engagement outside the firm.
Teaching as a paid instructor and consulting for a fee are both compensated business activities, while uncompensated charitable volunteering and managing personal investments are not.
Personal passive investments and uncompensated volunteer roles do not meet the compensation threshold defined in Rule 3270.

Key Concept

Outside Business Activities (OBA) Prior Written Notification Requirements
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