Question

Difficulty: MediumRegulatory Entities and Self-Regulatory Organizations (SROs)

While the Municipal Securities Rulemaking Board (MSRB) creates rules and standards governing municipal securities activities, it lacks statutory authority to inspect member firms or enforce compliance. Which of the following regulatory bodies is directly empowered to examine non-bank broker-dealers and enforce MSRB rules?

  1. Financial Industry Regulatory Authority (FINRA)Answer
  2. B
    Municipal Securities Rulemaking Board (MSRB) Enforcement Division
  3. C
    Securities Investor Protection Corporation (SIPC)
  4. D
    Depository Trust & Clearing Corporation (DTCC)

Answer

Financial Industry Regulatory Authority (FINRA)
The Financial Industry Regulatory Authority (FINRA) is responsible for examining non-bank broker-dealers and enforcing compliance with both its own rules and MSRB rules, as the MSRB lacks independent statutory enforcement mechanisms.

Step-by-Step Solution

1
Identify the regulatory authority function of the MSRB.
The MSRB is an SRO explicitly tasked with creating rules for the municipal securities industry, but it has no enforcement or examination powers.
Understanding the division of authority between rulemaking SROs and enforcement entities is critical for regulatory jurisdiction.
2
Determine which entity enforces MSRB rules for non-bank broker-dealers.
FINRA (and the SEC) performs examination and enforcement of MSRB rules for securities firms and broker-dealers.
FINRA acts as the primary self-regulatory enforcement entity for broker-dealers.

Key Concept

Division of rulemaking and enforcement authority for SROs like the MSRB
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