Examkin

Question

Difficulty: HardSelf-Regulatory Organizations (SROs) and FINRA

Although the Municipal Securities Rulemaking Board (MSRB) creates rules governing municipal securities market participants, it lacks statutory authority to inspect broker-dealers or enforce compliance with its rules, relying instead on FINRA and the SEC to examine member firms and enforce MSRB regulations.

Answer: Answer

Answer

The statement is TRUE. The Municipal Securities Rulemaking Board (MSRB) formulates and adopts rules for municipal securities dealers and advisors, but statutory enforcement and examination duties for FINRA member firms are carried out by FINRA and the SEC.
The statement is correct because the MSRB was established as an SRO authorized to write rules for the municipal securities industry, but statutory authority to examine broker-dealers and discipline violators of MSRB rules rests with FINRA and the SEC (as well as federal bank regulators for bank dealers).

Step-by-Step Solution

1
Identify the primary function and statutory mandate of the Municipal Securities Rulemaking Board (MSRB).
The MSRB is a self-regulatory organization (SRO) created under the Securities Acts Amendments of 1975 to establish rules governing municipal securities trading, underwriting, and advisor conduct.
Distinguishing SRO roles requires understanding the scope of authority granted by Congress.
2
Analyze whether the MSRB possesses independent examination or disciplinary power.
Unlike FINRA, the MSRB does not have an enforcement division or examination department to audit firms or impose sanctions.
Congress intentionally separated municipal rulemaking from physical inspection and enforcement powers.
3
Determine which regulatory entities carry out enforcement of MSRB rules.
Enforcement of MSRB rules for registered broker-dealers is delegated to FINRA and the SEC (and to bank regulatory bodies like the FDIC, FRB, and OCC for bank dealers).
Evaluating regulatory delegation confirms that the statement in the stem is completely accurate.

Key Concept

MSRB Rulemaking Scope vs. FINRA Enforcement Authority
Estimated Time:1m 30s
Rate this question

Topics

Self-Regulatory Organizations (SROs) and FINRA

More questions from this topic