ARTICLE
17 February 2022

FINRA Amends Rule Protecting Seniors From Financial Exploitation

HL
Hogan Lovells Cadwalader

Contributor

Hogan Lovells Cadwalader is a global law firm trusted by clients to deliver on complex, high-stakes matters.

Operating at the intersection of business, finance, and government, we bring an unwavering commitment to client service and the decisive counsel that helps clients achieve exceptional results.

Consistently recognized for innovation across legal services, we combine sharp judgment with deep commercial perspective and intellectual rigor to address critical, cutting-edge challenges.

With 3,100 lawyers worldwide, we offer global scale with strong local insight in the markets that matter most. Our commitment extends beyond client work through pro bono activities, community investment, and responsible business practices.

The amendments will become effective on March 17, 2022.
United States Finance and Banking
Hogan Lovells Cadwalader are most popular:
  • within Intellectual Property, International Law, Litigation and Mediation & Arbitration topic(s)

FINRA adopted amendments to Rule 2165 ("Financial Exploitation of Specified Adults"). As previously covered, the amendments will allow member firms to (1) place a hold on securities transactions where there is a reasonable belief of financial exploitation and (2) extend a temporary hold on a disbursement or transaction for an additional 30 business days beyond the 25-business-day period if a member firm has reported the matter to a state regulator or agency, or a court of competent jurisdiction.

FINRA stated that the amendments will allow member firms to place a hold on transactions, rather than just on disbursements, and will provide state authorities with enough time to conduct thorough investigations of potential fraud.

The amendments will become effective on March 17, 2022.

Commentary

Does a broker-dealer have liability to its customer if the firm delays or prevents a transaction that turns out to be profitable?

Primary Sources

  1. FINRA Regulatory Notice 22-05: FINRA Adopts Amendments to FINRA Rule 2165

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More