Insights & Regulatory Updates
Conducting a Tokenized Offering Under Reg A
While there are multiple frameworks available to launch and distribute tokens—including those designed to avoid classification as securities—many of our clients elect to offer tokens as securities for strategic reasons. This can include unlocking broader investor participation, enabling secondary market liquidity, or building long-term institutional trust. Regulation A and Regulation Crowdfunding (Reg CF) are the two primary exemptions that allow for the public issuance of security tokens under U.S. law.
Broker-Dealers vs. Unregistered Finders in Capital Raising
Determining whether an intermediary operates as a finder or an unregistered broker-dealer is a nuanced and fact-specific inquiry that can present significant challenges. For unwary entrepreneurs, corporate executives, and equity fund sponsors, the stakes are high; engaging a third party that inadvertently crosses the line into broker-dealer territory can result in serious regulatory repercussions.
Broker-Dealer Fined $3M for Trading Supervision Failures
In a recent settlement with FINRA, a major broker-dealer agreed to pay over $3 million in monetary sanctions due to supervisory failures related to short-term trading recommendations. These trading activities, which spanned a two-year period from January 2017 to December 2018, resulted in client losses while generating significant profits for the firm.
Former Broker Fined for Alleged Stock Hype in Client Emails: A Cautionary Tale for Advisors
On August 28, 2024, the Financial Industry Regulatory Authority (FINRA) announced the suspension and fining of Richard Joseph Jackson, a former broker, for allegedly engaging in misleading communications with clients regarding stock performance. This case underscores the critical importance of compliance with FINRA’s communication rules, particularly for financial professionals responsible for advising clients.
Understanding FINRA's Membership Application Program: A Guide to Joining the Broker-Dealer Industry
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.