Question

Difficulty: MediumMunicipal Securities Rulemaking Board (MSRB) Rules and Scope

A registered representative at a member securities firm plans to distribute educational brochures about local infrastructure bonds to prospective retail clients. Which entity writes the rule governing municipal securities promotional materials, and which organization is responsible for enforcing compliance for this securities firm?

  1. The MSRB establishes the rule, while FINRA enforces it.Answer
  2. B
    The MSRB establishes the rule and directly enforces it through its own enforcement division.
  3. C
    FINRA establishes the rule, while the MSRB oversees compliance investigations.
  4. D
    The municipal bond issuer establishes the rule, while the SEC enforces it.

Answer

The Municipal Securities Rulemaking Board (MSRB) creates rules governing municipal market transactions and broker-dealer communications, but relies on FINRA and the SEC (or banking regulators for bank dealers) to enforce them.
The Municipal Securities Rulemaking Board (MSRB) creates rules governing municipal securities activities, including advertising standards and fair dealing. However, the MSRB is strictly a rulemaking body with no authority to inspect firms or enforce its rules. Enforcement for securities firms (non-bank broker-dealers) is delegated to FINRA and the SEC.

Step-by-Step Solution

1
Identify the rulemaking body for municipal securities rules.
The Municipal Securities Rulemaking Board (MSRB) is the self-regulatory organization authorized by Congress to write rules for municipal securities dealers and advisors.
Congress established the MSRB under the Securities Acts Amendments of 1975 to regulate municipal market participants.
2
Determine the enforcement jurisdiction for non-bank broker-dealers.
FINRA (and the SEC) enforces MSRB rules for registered securities firms.
The MSRB has no statutory authority to enforce its rules or conduct routine compliance examinations.

Key Concept

MSRB Rulemaking Scope vs. Enforcement Authority
Rate this question