In the world of securities trading, the Financial Industry Regulatory Authority (FINRA) plays a crucial role in maintaining market integrity and protecting investors. One of the key components of this oversight is FINRA’s Membership Application Program (MAP). Here, we delve into what MAP entails, the process firms must go through to gain membership, and the role it plays in safeguarding the industry.

What is FINRA's Membership Application Program?

FINRA's MAP team serves as the gateway for firms seeking to enter the broker-dealer industry. As Cindy Foster, Vice President of MAP, explained in a FINRA podcast on August 6, 2024, the program ensures that prospective and existing firms meet FINRA's standards before they are allowed to operate. MAP is responsible for reviewing both New Membership Applications (NMA) and Continuing Membership Applications (CMA), which are essential for firms looking to either join FINRA or make significant changes to their business operations.

The Application Process

1. New Membership Application (NMA): For firms seeking to enter the broker-dealer space, the NMA is the first step. This application requires firms to demonstrate that they meet FINRA's 14 standards of admission. These standards cover a range of requirements, including conduct, operational capabilities, and financial stability.

2. Continuing Membership Application (CMA): Current FINRA members must file a CMA when contemplating significant changes to their business, such as expanding operations or altering business models. The CMA process ensures that these changes align with FINRA's standards and do not compromise market integrity or investor protection.

Key Responsibilities of MAP

MAP reviews applications through the lens of FINRA Rule 1000 series and Rule 1014, which outline the 14 standards for admission. The review process includes:

• Evaluating Disciplinary Actions: Firms must disclose any past disciplinary actions or legal issues.

• Assessing Financial Controls: Firms need to demonstrate sufficient capital and effective financial controls.

• Reviewing Operational and Supervisory Controls: MAP examines recordkeeping, supervisory structures, and overall operations.

• Membership Interviews: New applicants are required to participate in interviews to discuss their business plans and readiness.

Firms operating online trading platforms or mobile apps must also provide a demonstration of their technology to ensure it meets regulatory standards.

Timelines and Fast-Track Reviews

The standard timeline for reviewing an application is 180 days, but some applications may take longer due to complexity or additional requirements. MAP offers a fast-track process for applications deemed low-risk or low-complexity, aiming to complete these reviews within 75 to 100 days.

Recent Updates and Impact on Firms

Recent SEC rule changes have impacted the membership application process. For instance, the amendments to Rule 15 B9-1 and SEC Rules 3a5-4 and 3A44-2 now require certain firms, including proprietary trading firms and liquidity providers, to register with the SEC and become FINRA members. MAP has adapted by creating a short-form application for some of these firms, though the fast-track option may no longer be available for new applicants.

Materiality Consultations

For firms unsure if their planned changes require a CMA, MAP offers materiality consultations (mat cons). These consultations can be voluntary or mandatory, depending on the nature of the changes. They provide firms with guidance on whether their proposed changes are significant enough to warrant a formal application. We recommend seeking legal guidance prior to making a determination regarding the appropriateness of initiating a mat con with MAP.

Conclusion

If you have any questions or need assistance with aligning your practices with the latest FINRA requirements, please contact us.

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Attorney Advertising—Anderson P.C. is a U.S. law firm located at 1717 K Street NW, Suite 900, Washington, D.C. 20006.

Anderson P.C. provides this information as a service to clients, prospective clients, and other friends for educational purposes only. It should not be construed or relied on as legal advice or to create a lawyer-client relationship. Readers should not act upon this information without seeking advice from professional advisers. If you have any questions, please contact Braeden Anderson.