Question

Difficulty: MediumSelf-Regulatory Organizations (SROs) and FINRA

A registered representative employed by a FINRA-member broker-dealer actively recommends and executes municipal bond transactions for retail clients. Which of the following statements correctly describes the regulatory authority responsible for establishing municipal securities rules and the entity responsible for enforcing them for this firm?

  1. The Municipal Securities Rulemaking Board (MSRB) creates the rules governing municipal securities, while FINRA enforces these rules for member broker-dealers.Answer
  2. B
    The Municipal Securities Rulemaking Board (MSRB) creates municipal securities rules and directly examines and enforces compliance for all member firms.
  3. C
    FINRA establishes all rules regarding municipal securities offerings, while the Securities and Exchange Commission (SEC) acts as the sole enforcement authority.
  4. D
    The Securities and Exchange Commission (SEC) establishes municipal industry rules, while commercial bank regulators enforce them for all securities broker-dealers.

Answer

The Municipal Securities Rulemaking Board (MSRB) creates the rules governing municipal securities, while FINRA enforces these rules for member broker-dealers.
The Municipal Securities Rulemaking Board (MSRB) is authorized by Congress to formulate rules governing municipal market transactions, but it explicitly lacks enforcement power. For FINRA-member broker-dealers and their associated persons, FINRA carries out examination and enforcement responsibilities to ensure compliance with MSRB rules.

Step-by-Step Solution

1
Identify the rulemaking body for municipal securities
The Municipal Securities Rulemaking Board (MSRB) is an SRO established by Congress specifically to write rules governing municipal securities underwriters, dealers, and advisors.
MSRB has primary jurisdiction over municipal rulemaking.
2
Identify the enforcement mechanism for broker-dealers
Because the MSRB lacks enforcement authority, FINRA conducts examinations and enforces MSRB rules for broker-dealer firms and their registered representatives.
FINRA is the primary SRO enforcing industry compliance for broker-dealers.

Key Concept

Division of rulemaking and enforcement authority between the MSRB and FINRA
Estimated Time:1m 0s
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