Q: I just recently got into difficulty for obtaining money from a customer. FINRA is included and has sent it to Enforcement. I cannot find anything in the Sanction Guidelines on this issue. Can you provide me an idea of what type of disciplinary concerns I might be looking at?
A: You’re most likely looking at an older set of sanction standards.
In April of this year, FINRA modified those standards (see Regulatory Notice 17-13) too, to name a few things, including a brand-new classification: “Borrowing from or Lending to Customers.” The aspects that FINRA states it will think about in identifying sanctions in this area consist of:
The function of the loan.
The variety of loans and the variety of clients included.
Whether the loan was recorded.
Whether the regards to the loan were affordable.
Whether you’ve paid on the loan or repair it.
The age, monetary conditions, and monetary elegance of the customer.
Whether you made any misstatements to the customer or your company or otherwise hid the activity from your company.
Regularly, it’s that last product that journeys up most representatives, since it would not be an issue if the loan had not been hidden from the company in the very first place.
Fines under the brand-new standards vary from $2,500 to $73,000, and suspensions vary from 10 days to 3 months. If annoying elements predominate, nevertheless, the suspension might be approximately 2 years or perhaps lead to a total bar.
Without the information of your circumstance, it’s tough for me to be anymore particular than that. To get a much better idea of what disciplinary procedure the National Adjudicatory Council may enforce, you can try browsing the NAC’s past choices for situations that are comparable to yours.