Watch Out, BDs! Here's What Triggers an SEC Exam

News June 05, 2024 at 12:08 PM
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The Securities and Exchange Commission warned broker-dealers Wednesday in a new Risk Alert that prior disciplinary history as well as signs of financial stress and reports in the media could make them prime targets for an exam.

The alert, according to the agency, is designed to help broker-dealers prep for a possible exam by citing information the Examination Division may consider when selecting firms to examine as well as areas of focus for the exam.

The alert also provides the types of information, including documents, that exam staff "may initially request" during a broker-dealer exam and includes a Sample Initial Information Request List.

When selecting broker-dealers as potential examination candidates, exam staff state that they may also consider prior exam history; tips, complaints or referrals involving the firm; the length of time since the firm's last exam; as well as the firm's customer base, products and services.

A specific office or branch of a broker-dealer may also be selected, the alert warns, "based on the risk factors identified with that location (e.g., customer complaints or outside business activities of personnel working from that location)."

The scope of an exam and any documents requested "will vary from examination to examination depending on the examined firm's business model, associated risks," and the division's reason for conducting the exam, the alert explains.

SEC examiners may also consider whether the firm has been subject to a similar exam by a self-regulatory organization, like the Financial Industry Regulatory Authority.

Firms usually receive a notice of an upcoming exam, which contains an initial request list identifying certain information.

The initial request may include:

  • general information about the broker-dealer's business and securities activities;
  • the written policies and procedures the firm has established, maintained, and enforced to address the firm's securities activities; and
  • information for the staff to perform its own testing for compliance in various areas.

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