Question

Difficulty: MediumAccount Statements, Privacy Protection, and Regulation S-P

Match each investor relationship or account condition under SEC Regulation S-P and FINRA rules with its corresponding regulatory delivery timeline or privacy notice requirement.

  • Opening an ongoing individual brokerage account for a retail clientMust receive an initial privacy notice at or before establishing the account relationship, followed by annual privacy notices.
  • An individual utilizing a broker-dealer's services solely to execute a single, one-time wire transferMust receive an initial privacy notice only if the broker-dealer intends to share nonpublic personal information with nonaffiliated third parties.
  • A customer brokerage account that experiences trading activity during a given monthMust be delivered an account statement on a monthly basis for that specific month.
  • A customer brokerage account with no trading activity during a calendar quarterMust be delivered an account statement at least on a quarterly basis.

Answer

The correct pairings match: (1) Opening an ongoing brokerage account with initial and annual privacy notice obligations; (2) A one-time wire transfer consumer with initial notice required only prior to third-party information sharing; (3) An account with monthly trading activity with monthly statement delivery; and (4) An inactive account with quarterly statement delivery.
Each relationship type and account condition triggers specific legal obligations: ongoing retail accounts establish a customer relationship requiring both initial and annual Regulation S-P privacy notices; one-off wire transfers create a consumer relationship requiring privacy notices only if nonpublic information is shared with nonaffiliated third parties; active accounts trigger monthly account statement delivery under FINRA rules; and idle accounts require at least quarterly statement delivery.

Step-by-Step Solution

1
Distinguish between a 'consumer' and a 'customer' under SEC Regulation S-P.
Ongoing brokerage accounts establish a customer relationship requiring initial and annual privacy notices. One-time transactions establish a consumer relationship requiring notice only if sharing nonpublic data with nonaffiliated third parties.
Regulation S-P mandates distinct disclosure obligations based on whether the client relationship is continuous or transient.
2
Apply FINRA account statement delivery frequency rules based on trading activity.
Active accounts require monthly statement delivery, whereas inactive accounts require at least quarterly statement delivery.
FINRA Rule 2231 requires prompt monthly updates when transactions occur to ensure customer visibility into active trading.

Key Concept

Customer vs. Consumer Privacy Notices under SEC Regulation S-P and FINRA Account Statement Delivery Frequency Requirements
Estimated Time:1m 30s
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