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Third Party Service Providers: Supervisory Obligations

March 29, 2011

FINRA published proposed new FINRA Rule 3190Use of Third-Party Service Providers, regarding a member firm’s obligations and supervisory responsibilities for outsourcing arrangements.  Comments are due by 5/13/11.  As proposed, Rule 3190 makes clear that:

  • outsourcing a function or activity related to its business as a regulated broker-dealer to a 3rd-party service provider doesn't relieve the member firm of its obligation to comply with applicable securities laws,  regulations and FINRA or MSRB rules;  and
  • the firm cannot delegate its responsibilities for, or control over, any outsourced functions or activities. 
  • the member firm must have supervisory procedures, including due diligence measures, to ensure that its arrangements with 3rd-party service providers are reasonably designed to achieve compliance with applicable securities laws, regulations and FINRA or MSRB rules. 
  • additional restrictions and obligations are imposed that apply solely to a clearing and carrying member firm and its 3rd-party service provider arrangements.

    FINRA Contact.   Patricia Albrecht, Office of General Counsel.  (202) 728-8026.

For further details, go to:   [FINRA RegNote 11-14, March 2011]