Firm Element Focus

New Release(s)

Recent Updates

This section highlights new rules and amendments that FINRA firms may find useful to train employees on as a part of their Firm Element training.

FINRA Adopts Amendments to Rule 3220 (Influencing or Rewarding Employees of Others)

As part of the FINRA Forward initiative, FINRA has adopted amendments to FINRA Rule 3220 (Influencing or Rewarding Employees of Others) to increase the gift limit from $100 to $300 per person per year; incorporate and substantially codify current guidance and interpretations; and provide for exemptive relief. FINRA has also adopted conforming amendments to raise the gift limit to $300 in Rule 2310 (Direct Participation Programs), Rule 2320 (Variable Contracts of an Insurance Company), Rule 2341 (Investment Company Securities) and Rule 5110 (Corporate Financing Rule – Underwriting Terms and Arrangements). These amendments represent a significant step toward modernizing the rules, while codifying existing guidance in a manner that will promote efficiency without reducing protection for investors.

The effective date of the amended rule is March 30, 2026.

 

Reducing Burdens and Providing Guidance on the Use of Negative Consent for the Bulk Transfer or Assignment of Customers’ Accounts

In furtherance of the FINRA Forward initiative to support member compliance, this Notice reduces unnecessary burdens by eliminating the current practice of submitting draft letters for the use of negative consent to FINRA staff for review and obtaining FINRA staff’s “no objection” prior to sending the letter. In addition, the Notice consolidates guidance FINRA previously issued regarding the use of negative consent and provides members with effective practices to help guide their use of negative consent in future bulk transfers or assignments.

The effective date of the amended rule is March 30, 2026.

 

Final Rule: Holding Foreign Insiders Accountable Act

The SEC is adopting final amendments to certain of its rules and forms under the Securities Exchange Act of 1934 to reflect the requirements of the Holding Foreign Insiders Accountable Act. The HFIA Act amended Section 16(a) of the Exchange Act to require directors and officers of a foreign private issuer with a class of equity securities registered under Section 12 of the Exchange Act to provide disclosure of their beneficial ownership and transactions involving the issuer’s equity securities.

The effective date for this amended rule is March 18, 2026.

 

Upcoming Trade Reporting Enhancements for Fractional Share Transactions

FINRA is reminding firms of upcoming updates to its equity trade reporting guidance in connection with enhancements to the FINRA equity trade reporting facilities to support reporting of fractional share quantities. Under the updated guidance, members engaged in fractional share trading will be required to report fractional share quantities up to six digits after the decimal. FINRA is also providing additional guidance for fractional share reporting in circumstances involving fractional amounts smaller than six decimals.

The effective date of the updated trade reporting guidance is February 23, 2026.

 

FINRA Adopts Amendments to Rule 6730 (Transaction Reporting) to Streamline Allocation Reporting for BD/IAs

FINRA has amended its TRACE reporting requirements to permit a firm that is both a broker dealer and an investment adviser to report allocations of specified orders to managed customer accounts in a streamlined, aggregated manner. These amendments become effective on June 8, 2026. FINRA is not otherwise changing its TRACE reporting requirements.

Topic Spotlight

Crypto Assets: Continuing and Emerging Trends

The Firm Element Committee would like to spotlight the following topics.

Federal Securities Laws and Crypto Assets

In March 2026, the SEC and Commodity Futures Trading Commission (CFTC) jointly issued an interpretation clarifying how the federal securities laws apply to certain crypto assets and transactions involving crypto assets. This is a major step in the Commission’s efforts to provide greater clarity regarding the Commission’s treatment of crypto assets and complements Congressional endeavors to codify a comprehensive market structure framework into statute. The CFTC joined in the Release to provide guidance that the CFTC and its staff will administer the Commodity Exchange Act (CEA) consistent with the SEC’s interpretation.

Topic Spotlight

Tokenized Securities

Tokenized Securities

The SEC’s the Division of Corporation Finance, Division of Investment Management, and Division of Trading and Markets are providing their views on the taxonomies associated with tokenized securities. There are a variety of models used to tokenize securities and they vary in terms of structure and the rights afforded to holders. Tokenized securities generally fall into two categories: (1) securities tokenized by or on behalf of the issuers of such securities; and (2) securities tokenized by third parties unaffiliated with the issuers of such securities. This statement is intended to assist market participants as they seek to comply with the federal securities laws.

Key Dates

This section provides upcoming effective dates and recently implemented dates.

FINRA Adopts Amendments to Rule 6730 (Transaction Reporting) to Streamline Allocation Reporting for BD/IAs

FINRA has amended its TRACE reporting requirements to permit a firm that is both a broker dealer and an investment adviser to report allocations of specified orders to managed customer accounts in a streamlined, aggregated manner. These amendments will take effect on June 8, 2026. FINRA is not otherwise changing its TRACE reporting requirements.

 

FINRA Adopts Amendments to Extend the Trade Reporting Facilities Operating Hours 

FINRA has adopted amendments to Rules 6380A and 6380B to extend the operating hours of the FINRA Trade Reporting Facilities from opening at 8:00 a.m. Eastern Time to opening at 4:00 a.m. Eastern Time each business day. These amendments will take effect on March 30, 2026.

These amendments become effective on March 30, 2026.

 

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Regulation S-P: Privacy of Consumer Financial Information and Safeguarding Customer Information

The SEC is adopting rule amendments that will require brokers and dealers (or “broker-dealers”), investment companies, investment advisers registered with the Commission (“registered investment advisers”), funding portals, and transfer agents registered with the Commission or another appropriate regulatory agency (“ARA”) as defined in the Securities Exchange Act of 1934 (“transfer agents”) to adopt written policies and procedures for incident response programs to address unauthorized access to or use of customer information, including procedures for providing timely notification to individuals affected by an incident involving sensitive customer information with details about the incident and information designed to help affected individuals respond appropriately. In addition, the amendments extend the application of requirements to safeguard customer records and information to transfer agents; broaden the scope of information covered by the requirements for safeguarding customer records and information and for properly disposing of consumer report information; impose requirements to maintain written records documenting compliance with the amended rules; and conform annual privacy notice delivery provisions to the terms of an exception provided by a statutory amendment to the Gramm-Leach-Bliley Act (“GLBA”).

The amendments became effective on August 2, 2024. The compliance date was December 3, 2025 for larger firms and is June 3, 2026 for smaller firms.

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Historic Quarterly Highlights

Updates remain on the quarterly highlights for one year before being removed.

resources

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