FINRA Rules Incorporated by Reference

Rule Filings Incorporated by Reference

IEX has incorporated certain FINRA rules by reference. As such, IEX will periodically provide updates where applicable when there are new proposals or approvals to amend these incorporated rules by FINRA. The FINRA rule filings are not effective until approved by the Securities and Exchange Commission ("SEC"), with the exception of certain types of rule filings that may take effect upon filing with the SEC if they meet the conditions specified under Section 19 of the Securities Exchange Act of 1934 and Rule 19b-4 thereunder. Below are relevant updates.

IEX Rule FINRA Rule Filing Description FINRA Rule Filing Link Status
3.280 – Communications with Customers and the Public (incorporates FINRA Rule 2210) Proposed Rule Change to Adopt NASD Interpretive Material 2210-2 as FINRA Rule 2211 (Communications with the Public About Variable Life Insurance and Variable Annuities) in the Consolidated FINRA Rulebook SR-FINRA-2016-036 Effective
3.280 – Communications with Customers and the Public (incorporates FINRA Rule 2210) Proposed Rule Change to Clarify the Application of FINRA Rule 2210 (Communications with the Public) to Debt Research Reports SR-FINRA-2016-021 Effective
4.512 – Customer Account Information (incorporates FINRA Rule 4512) Proposed Rule Change to amend FINRA Rule 4512 (Customer Account Information) to require members to make reasonable efforts to obtain the name of and contact information for a trusted contact person for a customer’s account SR-FINRA-2016-039 Effective
11.420(d) – Recording of Order Information (incorporates FINRA Rule 7440) Rule change to update cross-references and make other non-substantive changes within FINRA rules, due in part to the adoption of a new consolidated FINRA rule. SR-FINRA-2016-026 Effective

FINRA Rule Filings to Amend FINRA Code of Arbitration

Pursuant to IEX Rule 12.110, "[t]he Rule 12000 Series and Rule 13000 Series of the FINRA Manual (Code of Arbitration Procedures for Customer Disputes and Code of Arbitration for Industry Disputes) (the “FINRA Code of Arbitration”), as the same may be in effect from time to time, shall govern Exchange arbitrations except as may be specified in this IEX Rule 12.110. Definitions in the FINRA Code of Arbitration shall have the same meaning as that prescribed therein, and procedures contained in the FINRA Code of Arbitration shall have the same application as toward Exchange arbitrations."

As a result of IEX Rule 12.110, changes to the FINRA Code of Arbitration could have an impact on arbitrations conducted under IEX rules. Accordingly, below are links to pending FINRA rule filings with the SEC seeking to amend the FINRA Code of Arbitration as well as any SEC orders approving or disapproving those FINRA rule filings.

IEX Rule FINRA Rule Filing Description FINRA Rule Filing Link Status
12.110 – Arbitration (incorporates FINRA Rule 12000 Series and Rule 13000 Series) Proposed Rule Change Relating to Broadening Chairperson Eligibility in Arbitration SR-FINRA-2016-033 Effective
12.110 – Arbitration (incorporates FINRA Rule 12000 Series and Rule 13000 Series) Proposed Rule Change Relating to Motions to Dismiss in Arbitration SR-FINRA-2016-030 Effective
12.110 – Arbitration (incorporates FINRA Rule 12000 Series and Rule 13000 Series) Proposed Rule Relating to use of the Dispute Resolution Party Portal in Arbitration and Mediation SR-FINRA-2016-029 Effective
12.110 – Arbitration (incorporates FINRA Rule 12000 Series and Rule 13000 Series) Proposed Rule Change Relating to the Panel Selection Process in Customer Cases with Three Arbitrators. SR-FINRA-2016-022 Effective