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FINRA Raises Fees for Reviewing Firm Advertising

June 11, 2012
[ by Howard Haykin ] FINRA filed for immediate effectiveness to amend its rules governing the review charges for ads, sales literature, and other such material filed with or submitted to FINRA's Advertising Regulation Department.  The new rates go into effect 7/2/12. Advertising Regulation evaluates certain member firms' communications with the public for compliance with applicable FINRA, SEC, MSRB, and SIPC rules - covering print, TV and radio ads, electronic communications (including websites and social media).  They also review brochures, form letters, mailers and telemarketing scripts. Under NASD Rule 2210 and related Interpretations, the Department helps to ensure that all FINRA member firms' communications  are based on principles of fair dealing and good faith, are fair and balanced, and provide a sound basis for evaluating the facts in regard to any particular security or type of security, industry or service.  Among other things, FINRA rules prohibit member communications from including false, exaggerated, unwarranted, or misleading statements or claims. Purpose of Rule Filing. By amending Section 13, FINRA has raised the fee that may be charged for reviewing each and every item of advertisement, sales literature, and other such material, whether in printed, video or other form, filed with or submitted to FINRA (except for items that are filed or submitted in response to a written request from the Department issued pursuant to the spot check procedures set forth in FINRA rules). FINRA has not adjusted its fees in this area since 2005 - despite rising costs to administer the filings program.  [C-I Note: Perhaps FINRA has allocated a portion of its increased levels of fines to finance this and other operating areas of FINRA.]  The increase, in part, relates to the substantial increase in filings, as well as the the number of expedited filings, which rose 29% during the period. Other factors relate to the upgrade of FINRA's technology and the hiring of additional staff to maintain the program's effectiveness and ensure reasonable turnaround times, particularly given firms' increased use of technology to submit filings.  These increasing trends are expected to continue in future years. Based on these operational demands, FINRA has raised the fee charged for the review of printed material and video or audio media from $100 to $125.  The surcharge for lengthy materials would remain unchanged.  FINRA further has increased the fee for expedited review from $500 to $600 per item, and raised the fee for pages in excess of 10 to $50 per page, up from $25. For further details, go to:  [FINRA Rule Filing 12-028, 6/8/12].