FINRA Zooming In on Platform Outages, Suspicious Activity Reports

Testing, he continued, "to see whether or not the linkages between systems are going to operate as expected when there are patches or changes to one part of the system."

FINRA, St. Louis said, is "very focused on customer service" during outages. "Can firms handle the incoming calls from customers? Are there ways for customers to access and make transactions through other entry points if, for example, an app is down?" he asked.

Regarding communications about digital assets, St. Louis said FINRA will assess whether risks are being adequately disclosed. If a firm has part of its digital asset business "being facilitated through affiliates that are not member firms, are the communications around that clear or is the firm perhaps implying that it's all happening at a FINRA-registered and regulated firm, when in fact it's not?" he asked.

Deeper Reg BI Reviews

Turning to Reg BI, St. Louis said FINRA will "still be focused on looking at firm implementation efforts."

However, exams "are always backwards-looking as a review period and as we do exams in 2021 and beyond that cover more of a post-June 30 [2020] time period," Reg BI's compliance date, "we can anticipate that there'll be some deeper reviews."

For instance, he continued, "there'll be more reviews of recommendations because there'll be more recommendations to customers where Reg BI applies as the review period moves forward. So, focus on implementation, deeper reviews and more reviews of recommendations and conflicts and disclosures."