Broker Dealer Compliance Solutions
In today’s complex regulatory environment, Broker-Dealers must adhere to strict compliance requirements that protect the interests of clients, colleagues, and firm assets. As a premier FINRA Broker-Dealer Compliance Consulting Firm, Vigilant provides Broker-Dealers with a broad range of compliance solutions, including:
Protect Your Firm With Broker-Dealer Compliance Services
Broker-dealer CCO outsourcing can offer numerous benefits for your investment firm, including:
- Reduced costs: We’ll help you avoid the expenses associated with hiring an in-house chief compliance officer. You’ll have access to a high level of expertise at a lower price point.
- Unsurpassed knowledge: Our business keeps up with the ever-changing broker-dealer compliance regulations that impact broker-dealer firms. You’ll get valuable insight you won’t find anywhere else.
- Lowered errors: The complex nature of investment regulations can lead to unintentional errors and violations. We can perform comprehensive broker-dealer contract reviews and offer other services that check every minute detail. Our dedicated attention gives you extra peace of mind.
- Enhanced risk prevention: By bringing a fresh perspective to broker-dealer compliance, Vigilant can help you anticipate issues that often elude an in-house CCO or compliance team. You’ll have fewer concerns about unwanted surprises when regulators take a deep dive into your firm’s policies, practices and procedures.
Specific Broker-Dealer Compliance Requirements
Our FINRA broker-dealer compliance services encompass the following regulatory bodies and laws:
- Securities Exchange Act of 1934: This regulation established the Securities Exchange Commission (SEC) and serves the role of governing the secondary trading of securities. Its statutes serve as the foundation of the financial markets.
- Securities Exchange Commission: The SEC is the federal agency charged with enforcing laws against market manipulation. The organization’s mission is to protect investors, maintain fair and orderly financial markets and facilitate capital formation.
- Securities Investor Protection Corporation: The SIPC was established in 1970 as part of the Securities Investor Protection Act, designed to mandate membership of most broker-dealers. SIPC’s function is to expedite the recovery of investor assets when a firm fails.
- Financial Industry Regulatory Authority:The FINRA is an independent regulatory agency that provides oversight for public investment and securities firms. Its mission is to protect investors by ensuring broker-dealers and other entities operate fairly and honestly.
- Advertising Regulation Department: This department manages broker-dealer advertising compliance related to FINRA, SIPC, the SEC and other agencies. Its role is to ensure that communications and advertising do not mislead investors.
Registering as a Broker-Dealer
There are limited exceptions to the broker-dealer rule, but in most cases firms that meet these basic guidelines must adhere to the Act, including registering with the SEC. Our SEC compliance consultants at Vigilant can help your business determine whether or not it needs to register with the SEC.
For example, although broker-dealers that only conduct business in one state are not required to register, firms that trade on national exchanges, such as the NYSE and the NASDAQ, must register with the SEC. Also, broker-dealers that advertise or post information on the Internet are generally required to register. This is because Internet advertising is considered interstate commerce. American broker-dealers that conduct business outside the U.S. are still required to register.
Qualifying as a Broker-Dealer
The Securities Exchange Act of 1934, signed into law during the Great Depression, protects investors by regulating the way broker-dealers are allowed to operate in open markets. Penalties for failure to follow regulations can be severe, and resulting losses often cost firms and their clients millions, and sometimes billions, of dollars. The SEC defines a broker as “any person engaged in the business of effecting transactions in securities for the account of others.”
A broker may include an individual who sources investment banking clients, venture capital firm investors, mergers and acquisitions professionals, and securities intermediaries. Investment advisers are often considered broker-dealers, as are those who perform transactions for others, even if “others” include only family members. If you are not certain whether or not your firm is a broker, Vigilant can help.
Brokers act as agents but dealers are the principals. Market makers are dealers, as are those who originate, buy and sell securities. An individual who matches repurchase agreements may be considered a dealer. If your business advertises its ability to buy and sell security, works with the public on an institutional or retail basis, provides investment advice and related financial solutions, writes derivatives contracts or underwrites securities offerings, you may be a dealer and would benefit from broker-dealer compliance services.
The Vigilant 5 Step Matrix SystemSM
- Conduct specialized meeting to Review Written Supervisory Procedures
- Preparation of Compliance Flow Charts for Broker-Dealer
- Designate a VC Professional to serve as your Compliance Consultant
- Prepare a Risk Matrix
- Prepare and Maintain Broker-Dealer Compliance Calendar
- Prepare or Update your Written Supervisory Procedures Manual
- Conduct Outsourced Compliance Review of All Critical Areas
- Review of Marketing Materials for Compliance with FINRA Rules
- Perform Anti-Money Laundering Review
- Conduct testing and verification of the Firm’s Supervisory Procedures
- Conduct your Required Annual Firm Element Training
- Conduct Insider Trading Training
- Conduct Required Code of Ethics Training
- Preparation of FINRA Rule 3012 Report
- Preparation of Annual Anti-Money Laundering Report
- Sarbanes-Oxley (SOX) Internal Control Reviews
- Review of Know Your Customer Reports and Suitability
- FINRA Disciplinary Disclosure Reporting
- Review of Customer Privacy Protection Procedures
- Branch Office and Office of Supervisory Jurisdiction Reviews
- FINRA Examination Support
- FINRA Exam Coordination
- Collect Supporting Documentation for FINRA Examinations
- Respond & Resolve SEC Inquiries
Contact Vigilant for More Information
Vigilant will help your firm develop and implement a strong broker-dealer compliance program that assures your culture is one that respects the law. Our consultants are located in New York, Philadelphia, Boston, Dallas and Washington, D.C. Vigilant is well positioned to help your business create and sustain an effective compliance policy. Our experienced professionals bring a broad range of compliance experience to every client we serve. Whether you need a comprehensive overhaul, basic training and exam preparation, forensic services or filing preparation, Vigilant is prepared to serve your needs.