Question

Difficulty: MediumFinancial Exploitation of Senior Investors and Vulnerable Adults

A 66-year-old customer contacts a broker-dealer requesting an urgent $25,000 wire transfer from her account to an unverified third party to collect alleged sweepstakes winnings. The registered representative suspects that the customer is a victim of financial exploitation. Which of the following actions is the broker-dealer permitted to take under FINRA Rule 2165?

  1. Place a temporary hold on the fund disbursement while allowing requested security trades to execute normally.Answer
  2. B
    Place a temporary hold on security trade executions in the account while completing the requested fund disbursement.
  3. C
    Freeze all trade executions and fund disbursements indefinitely until an external law enforcement investigation completes.
  4. D
    Transfer the requested cash amount directly to the customer's designated trusted contact person instead of the third party.

Answer

Place a temporary hold on the fund disbursement while allowing requested security trades to execute normally.
Under FINRA Rule 2165, when a broker-dealer reasonably suspects financial exploitation of a specified adult (individuals aged 65 or older, or individuals 18 or older with mental or physical impairments), the firm is permitted to place a temporary hold on disbursements of funds or securities out of the account. Importantly, this authority applies to disbursements, not to trade executions.

Step-by-Step Solution

1
Identify the scope of protection provided under FINRA Rule 2165.
Rule 2165 permits member firms to place a temporary hold on disbursements of funds or securities from specified adult accounts when financial exploitation is reasonably suspected.
The rule is designed to prevent fraudulent removal of assets from vulnerable customer accounts.
2
Distinguish between disbursement holds and trade execution restrictions.
The rule explicitly applies to the outward movement (disbursement) of funds or securities, not to trade orders (buys or sells) placed by the customer within the account.
Restricting trade executions could expose the customer to unnecessary market risk, whereas holding disbursements preserves assets within the firm.

Key Concept

FINRA Rule 2165 Financial Exploitation Temporary Disbursement Holds
Rate this question