Subscribe to our mailing list

* indicates required

 

 

 

 

BROWSE BY TOPIC

ABOUT FINANCIALISH

We seek to provide information, insights and direction that may enable the Financial Community to effectively and efficiently operate in a regulatory risk-free environment by curating content from all over the web.

 

Stay Informed with the latest fanancialish news.

 

SUBSCRIBE FOR
NEWSLETTERS & ALERTS

FOLLOW US

Archive

FINRA Disciplinary Proceedings: FAQs for Respondents

January 17, 2012
[ by Melanie Gretchen ] FINRA.org offers a resource for respondents in disciplinary proceedings, whose policies and procedures are governed by FINRA's Code of Procedures.  The resource we refer to is a compendium of answers to frequently asked questions regarding the rights and responsibilities of respondents, as well as links to rules and guidelines. For example, respondents can access the Guide to Disciplinary Hearing Procedures by the Office of Hearing Officers, which details the disciplinary process online at www.finra.org/OHO.  FINRA's rules, including the Code, are available at www.finra.org/rules.  Both are also available in hardcopy. Time now for answers to the FAQs. Question 1: I have received a Complaint in which the Department of Enforcement or Department of Market Regulation charges me with violating FINRA conduct rules or securities laws.  How can I respond?

Answer 1: Send an Answer to the Complaint to FINRA's Office of Hearing Officers, 1801 K Street, N.W., Suite 301L, Washington DC 20006, and a copy to the Department attorney whose name, address, and telephone number are listed in the Notice of Complaint.  In your answer, you ...

  • should respond to all allegations in the numbered paragraphs of the Complaint.
  • may admit or deny each allegation;  you can admit some parts of a paragraph and deny others.
  • should say if you feel you don't have enough information to be able either to admit or deny an allegation;  it will be treated as a denial.
  • should sign (or have your lawyer sign) the Answer, and provide your (or your attorney's) address and telephone number, including an e-mail address if you have one.  For more details, read the Code, including Rules 9133-9138 and 9215.
Question 2: How long do I have to file an Answer to the Complaint?

Answer 2: Deadline for responding to the Complaint is 25 days after it is served on you.  This date is stated in the Notice of Complaint.  You can e-mail your Answer in .pdf format or by fax to the Office of Hearing Officers.  [Additional details are provided in the answer]. For more details, read the Code, including Rule 9215.

Question 3: What happens if I do not file an Answer?

Answer 3: If you do not file an Answer by the deadline, you'll receive a Second Notice of Complaint.  Failure to file an Answer to the Second Notice may result in the issuance of a default decision against you.  In a default decision, the Hearing Officer may deem the allegations made by the Department admitted by you and may make findings that you engaged in the alleged misconduct, and violated FINRA conduct rules or federal securities laws or regulations.  As a result, you could be fined, suspended from working with a member firm for a specified time, or barred from working with a member firm permanently.  For more details, read the Code, including Rules 9215(f) and 9269.

To access the complete "Answers to Frequently Asked Questions for Respondent in FINRA Disciplinary Proceedings," go to [FINRA].