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Question

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

A registered representative plans to start working part-time as a paid evening consultant for an unaffiliated local technology company. Under FINRA rules governing outside business activities, which of the following actions must the representative take before commencing this work?

  1. Provide prior written notice to their employing broker-dealerAnswer
  2. B
    Obtain direct written authorization and licensing from the Securities and Exchange Commission (SEC)
  3. C
    Submit a formal compliance waiver directly to the Municipal Securities Rulemaking Board (MSRB)
  4. D
    Make a personal political contribution to the local municipal government to clear pay-to-play restrictions

Answer

The representative must provide prior written notice to their employing broker-dealer before starting the outside compensated employment.
Under FINRA Rule 3270 (Outside Business Activities of Registered Persons), 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 their member firm unless they have provided prior written notice to the firm.

Step-by-Step Solution

1
Identify the nature of the proposed activity
The activity is a part-time consulting role outside the member firm for which the representative will receive compensation.
Outside business activity (OBA) rules specifically apply when an associated person receives or expects to receive compensation from an outside entity.
2
Apply FINRA Rule 3270 requirements
The representative must provide prior written notice to their employing broker-dealer in the form required by the firm's supervisory procedures.
Prompt written notification enables the member firm to evaluate potential conflicts of interest or supervisory concerns before the activity begins.

Key Concept

FINRA Rule 3270 Outside Business Activities Notice Requirement
Estimated Time:45s
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Topics

Gifts, Gratuities, Political Contributions, and Outside Business Activities