Rule 2111 of the Financial Industry Regulatory Authority (FINRA) requires firms to have a supervisory system to focus on the detection, investigation and follow-up of “red flags” indicating that a Registered Representative may have recommended an unsuitable investment strategy with both a security and a non-security component. For example, a Registered Representative’s recommendation that a customer with limited means purchase a large position in a security might raise a red flag regarding the source of funds for such a purchase. Additionally, the liquidation of a large position in blue chip stocks paying regular dividends is cited in the Notice as a “red flag” as to whether or not that recommendation is part of a broader investment strategy.
The suitability rule has also been determined to apply in the context of a recommended investment strategy involving a security and an outside business activity, requiring the brokerage firm to obtain a general understanding of the outside business activity (see FINRA Rule 3270). The Regulatory Notice closes by indicating “. . . broker-dealers must keep in mind that, in addition to suitability and supervisory responsibilities, firms have other regulatory obligations to investigate unusual activity.”
We offer a free initial consultation to investors who feel they may have been victimized by the improper recommendation of an improper investment strategy, or non-security product or improper outside business activity.
The Law Offices of Timothy J. O’Connor is one of the only law firms practicing securities law in the Tri-City Capital District of