Nothing Special   »   [go: up one dir, main page]

Skip to main content

FinTech

2024 FINRA Annual Regulatory Oversight Report

The Anti-Money Laundering, Fraud and Sanctions, Communications with the Public, Crypto Asset Developments and Cybersecurity and Technological Management topics of the 2024 FINRA Annual Regulatory Oversight Report (the Report) informs member firms’ compliance programs by providing annual insights from FINRA’s ongoing regulatory operations, including (1) regulatory obligations and related considerations, (2) findings and effective practices, and (3) additional resources.

FINRA’s Office of Financial Innovation (OFI) is part of the Regulatory Economics and Market Analysis (REMA) business unit. OFI is the central point of coordination for issues related to significant financial innovations by FINRA member firms, particularly new uses of financial technology (FinTech). To achieve these objectives, OFI initiates outreach with various stakeholders, trains FINRA staff, publishes and disseminates timely research and publications, maintains internal coordination across FINRA departments, and collaborates with other regulators on matters related to FinTech.

Haimera Workie, who serves as Vice President and Head of Financial Innovation, leads OFI in its efforts to understand and address issues related to fintech, to identify and analyze emerging trends in the securities industry, and to facilitate awareness of and responses to these issues.

As the number and scale of FinTech innovations in the securities industry continues to grow, the business models and operations of firms within the financial industry continue to change. For example, FinTech firms pioneer innovative products and develop financial services solutions utilizing technologies such as machine learning, cloud computing, and blockchain. In addition, many traditional financial service providers are rethinking their existing models by incorporating new technologies to alter how they interact with clients, conduct trades, and monitor for regulatory compliance.

As a result, FinTech is transforming various broker-dealer business lines including investment banking, wealth management, trading, and research. All of these FinTech-related changes contribute to an evolving landscape for broker-dealers’ operations.

FINRA will continue to engage in an active dialogue with various industry participants including broker-dealers, regulators, investors, and other stakeholders to assess the impact of various emerging FinTech-related business models on both broker-dealers and investors. Through these efforts, we endeavor to obtain knowledge and insight to enhance our ability to facilitate innovation in a manner that supports investor protection and market integrity.


Contact REMA/OFI and OGC

FINRA's Office of General Counsel (OGC) staff provides broker-dealers, attorneys, registered representatives, investors and other interested parties with interpretative guidance relating to FINRA’s rules. Please see Interpreting the Rules for more information.

OGC staff contacts: Kosha Dalal and Racquel Russell

REMA/OFI contact: Please contact FINRA’s Office of Financial Innovation with any questions or comments.


Important Note

This webpage is for informational purposes only. It is not intended to express any legal position, and does not create any new legal requirements or suggest any change in any existing regulatory obligations, nor does it provide relief from any regulatory obligations. FINRA encourages firms to conduct a comprehensive review of all applicable securities laws, rules, and regulations, as necessary, when considering adoption of new technologies.

The following are some key Fintech areas monitored by FINRA’s Office of Financial Innovation ("OFI") that are impacting the securities industry:

Crypto Assets

The term "crypto asset" generally refers to cryptocurrencies and other virtual coins and tokens and any other asset that consists of, or is represented by, records in a blockchain or distributed ledger — including securities and non-security products.

The market for crypto assets has grown significantly and has increasingly been of interest to retail investors. At the same time, investor protection concerns exist, including incidences of fraud and other securities law violations involving crypto assets and the platforms on which they trade. FINRA has been closely monitoring these issues as broker-dealers, regulators, and investors become more active in this space.

FINRA continues to provide guidance on crypto assets through various methods, including participation in policy roundtables, interagency meetings, and industry engagements. In addition, FINRA published its joint statement on Broker-Dealer Custody of Digital Asset Securities and white paper on Distributed Ledger Technology, and has sought information regarding broker-dealer activity in this space through Regulatory Notice 21-25. In addition FINRA keeps investors informed through investor alerts and related information. For more information, please consult FINRA’s website on crypto assets.

RegTech (Regulatory Technology)

Regulation is a fundamental pillar of financial services, ensuring investor protection, and market integrity. Increasingly, these firms are turning to innovative regulatory technology ("RegTech"), whose application include compliance monitoring, fraud prevention, data management (access, storage, and reporting), and identification and interpretation of regulation.

RegTech tools can potentially help firms meet compliance more quickly and cost-effectively, but may also pose several unique challenges. FINRA published a white paper on RegTech to provide firms with a roadmap of key regulatory and implementation considerations as they explore RegTech tools, followed by a RegTech Conference and podcast to facilitate dialogue among regulators, thought leaders, and practitioners on the topic. In addition, FINRA hosted a RegTech Conference and published a RegTech podcast to facilitate a dialogue amongst regulators, thought leaders, and practitioners on the topic.

In addition, FINRA has issued a Special Notice discussing its machine-readable rulebook initiative designed to enhance firms’ compliance efforts, reduce costs and aid in risk management.  As part of this initiative, FINRA has created a prototype of a rulebook search tool—the FINRA Rulebook Search Tool™ (FIRST™).

Artificial Intelligence

Artificial Intelligence ("AI") generally refers to the "intelligence of machines," or the science of computers performing tasks that have been traditionally performed by humans based on human intelligence. AI is generally used as umbrella term to encompass various types of specific technologies such as machine learning, deep learning, and natural language processing. AI, in its various forms, is rapidly being incorporated into the financial services industry, ranging from automated customer service applications and social media sentiment-based trading to sophisticated fraud and financial crime surveillance.

FINRA is seeking to better understand the various AI applications being explored by the securities industry, the benefits offered by such applications, as well as related challenges such as supervision of AI-based tools. FINRA published Special Notice 7-30-18, seeking comments from the industry on the topic. FINRA also published a white paper on Artificial Intelligence in the Securities Industry and hosted an accompanying AI Conference in November 2020.

Quantum Computing

Quantum computing refers to various technologies based on principles of quantum mechanics, such that typical “bits” in code can hold two or more states at the same time. The result is more powerful computing capabilities compared to traditional computing, as well as the potential to address certain intractable problems in optimization- and pattern detection-style problems that exist within the financial industry. In light of the potentially transformative impact that quantum computing may someday have on the securities industry, OFI is seeking to better understand the opportunities and risks presented by quantum computing, including potential applications for quantum computing being explored in the securities industry and attempts to addresses the potential threats to cybersecurity posed by developments related to quantum computing. FINRA published a white paper,  Quantum Computing and the Implications for the Securities Industry in October 2023 and continues to engage with market participants on developments in this area.

Digital Investment Advice

Digital investment advice generally refers to digital tools that help automate the process to develop an investor profile, to prepare proposals and sales materials, to develop an asset allocation, and to recommend specific securities to an investor. Those recommendations may be for individual securities, a customized portfolio, or a pre-packaged portfolio for investors with a given profile. These investment advice tools can be used by financial professionals or by clients, with many client-facing tools often referred to as "robo advisors" or "robos."

For more information, please refer to the FINRA white paper on Digital Investment Advice, as well as investor alerts on automated investment tools and SEC guidance on robo advising.

Social Media Sentiment Investing

Over the past few years, a new ecosystem of social media sentiment investing companies have emerged that aim to help investors predict market changes using social media sentiment analytics and facilitate communications through social networking platforms.

Different business models have emerged in this space, including social media data analytics companies, social media sentiment-based product issuers, crowdsourced research networks, and social networking platforms. While these tools may offer some benefits to investors and other market participants, they also pose several risks. For more information, please see FINRA’s investor alerts on social sentiment investing tools, investing and social media, and tips and resources to consider when using social media platforms for investing information.

Cybersecurity

Cybersecurity generally refers to the information-security controls at securities firms. FINRA expects broker-dealers of all sizes to develop comprehensive cybersecurity programs. This includes but is not limited to cybersecurity controls in branch offices; methods of limiting phishing attacks; identifying and mitigating insider threats; penetration-testing programs; and establishing and maintaining controls on mobile devices.

To support efforts to protect data and the systems on which it is stored, FINRA has issued a number of information notices to raise awareness on imposter websites, fraudulent phishing emails, and distributed denial of service attacks. FINRA investor alerts also serve as additional resources, covering tips for investors to protect their financial data, as well as the questions they should raise with their brokerage to better manage their data. FINRA also published an Information Notice on authentication methods that firms may consider to protect investors’ and firms’ confidential information.

Gamification

Gamification generally refers to the application of "game-like" elements and principles to non-game situations. As investors increasingly conduct financial transactions using laptops, tablets, and mobile phones, the design and function of online websites and mobile applications ("platforms") have become intrinsic to broker-dealers’ interactions with customers. Examples of gamification features in some platforms include games at sign-up; social networking tools; reward streaks; points, badges, and leaderboards; and notifications. These features and similar ones may influence investors’ actions as they navigate through platforms and engage in various activities, including opening accounts, selecting investments, and trading. As a result, FINRA is monitoring the use of gamification and related design features in the securities industry and gathering information related to the potential benefits and risks related to these features.

Cloud 

Cloud computing refers to the delivery of information technology ("IT") services using internet technologies in a way that is elastic, scalable, and may be priced on a pay-as-you-go basis. Core services include data storage, processing capacity, networking, and software applications. 

Cloud computing is transforming how broker-dealers operate by providing opportunities to enhance agility, efficiency, resiliency, and security within firms’ technology and business operations while potentially reducing costs. At the same time, firms are seeking to address certain key considerations in moving to the cloud. These considerations include developing appropriate protocols and skills for cloud security and fostering a firm culture that maximizes the benefits of cloud technology.

Considering both the opportunities and challenges presented by cloud, OFI is actively engaged on this topic to better understand the implications of cloud computing on the securities industry. FINRA also published a white paper on Cloud Computing in the Securities Industry in August 2021 and hosted an accompanying Cloud Conference in March 2022.

Related Publications & Resources

OFI White Papers

FINRA Information, Regulatory, and Special Notices to Industry

Investor Insights

Podcast, Videos, and Blogs

Report
October 30, 2023
Quantum Computing and the Implications for the Securities Industry

Special Notice
October 21, 2022
FINRA Requests Comment on Its Machine-Readable Rulebook Initiative

Report
August 16, 2021
Cloud Computing in the Securities Industry

Regulatory Notice
July 8, 2021
FINRA Continues to Encourage Firms to Notify FINRA if They Engage in Activities Related to Digital Assets

Report
January 29, 2021
Following the Crowd: Investing and Social Media

Regulatory Notice
July 09, 2020
FINRA Encourages Firms to Notify FINRA if They Engage in Activities Related to Digital Assets

Blog
June 10, 2020
Artificial Intelligence: A New, Old Trend Transforming Financial Services

Report
June 10, 2020
Artificial Intelligence (AI) in the Securities Industry

Blog
December 2, 2019
Voices from the Buildathon

News Release
July 8, 2019
Joint Statement on Broker-Dealer Custody of Digital Asset Securities

News Release
April 24, 2019
FINRA Forms Office of Financial Innovation, Announces Haimera Workie as Head

News Releases
September 10, 2018
FINRA Releases Report on the Rise of RegTech

Special Notice
July 30, 2018
FINRA Requests Comment on Financial Technology Innovation in the Broker-Dealer Industry
Comment Period Expires: October 12, 2018

News Releases
July 30, 2018
FINRA Requests Comment on Fintech Innovation in the Broker-Dealer Industry

Investor Alert
March 29, 2018
Know Before You Share: Be Mindful of Data Aggregation Risks

Investor Alert
December 21, 2017
Don’t Fall for Cryptocurrency-Related Stock Scams

Investor Alert
August 31, 2017
Initial Coin Offerings: Know Before You Invest

News Release
June 13, 2017
FINRA Launches Innovation Outreach Initiative

Investor Alert
May 17, 2017
Crowdfunding and the JOBS Act: What Investors Should Know

Report
January 18, 2017
Report on Distributed Ledger Technology: Implications of Blockchain for the Securities Industry

Report
March 2016
Report on Digital Investment Advice

Investor Alert
May 8, 2015
Automated Investment Tools

Investor Alert
May 7, 2014
Bitcoin: More than a Bit Risky

News Release | Request for Comments

FINRA Co-Hosts Quantum Computing Roundtable with UK Financial Conduct Authority (FCA)

On 11th July 2024, in collaboration with the UK Financial Conduct Authority (FCA), FINRA hosted a roundtable convening experts from global financial institutions, regulators, academia, and technology firms to share observations and insights regarding quantum computing’s potential impact on the securities industry and broader financial markets.

Building on our previous quantum computing research efforts, attendees discussed the current quantum computing landscape, key issues in quantum security, and potential use cases for quantum computers within the financial services industry.


FINRA Hosts Regulatory Intelligence Roundtable

Since launching the machine-readable rulebook initiative, featuring the FINRA Rulebook Search Tool™ (FIRST™) and Application Programming Interface (API), FINRA staff has assessed the potential pathways for further development of this initiative.  To engage with market participants, FINRA published a Special Notice seeking public comment and hosted a regulatory intelligence roundtable on July 18, 2023 with key stakeholders in the fintech, regulatory, academic, and financial services world.  The day-long event featured dedicated experts in the fields of technology, regulation, and compliance driving a discussion to help shape thinking on potential future development of the FINRA rulebook taxonomy and API, including ways to consider leveraging technological tools for future development.


FINRA Hosts Cloud Computing Conference

Cloud computing is transforming how broker-dealers operate by providing opportunities to enhance agility, efficiency, resiliency and security within firms’ technology and business operations while potentially reducing costs. As a result, cloud computing is increasingly seen by many firms as an important architectural component to their infrastructure. On March 30, 2022, FINRA hosted a conference bringing together regulators, thought leaders and industry practitioners to discuss the use of Cloud Computing, and related opportunities and challenges.


FINRA Hosts First Ever Virtual Artificial Intelligence (AI) Conference

On November 9-10, 2020, FINRA hosted a virtual conference designed to bring together regulators and leaders within the financial industry to discuss the use of AI and its related opportunities and challenges. The conference kicked off with opening remarks from CEO and President Robert Cook, followed by analysis from panelists on industry views of AI use cases, applications of AI in market surveillance, and insights around the regulatory considerations related to this technology. The conference also featured Fintech Office Hours hosted by FINRA’s Office of Financial Innovation (OFI), which offered broker-dealers, vendors, and other market participants the venue to engage with FINRA regarding new Fintech innovations they are exploring.


FINRA Hosts First Ever Buildathon at MIT

On November 8, 2019, FINRA, Deloitte and the MIT Fintech Club kicked off an innovative event aimed at leveraging fintech in service of making investors smarter and safer. The Buildathon paired industry technologists and compliance leaders with high performing technology students from MIT, Harvard, and other Boston institutions for a hackathon-style competition. Teams competed in one of four challenge areas: investor literacy, investor onboarding, investor risk assessment and protecting senior investors. The event broke barriers by – for the first time in the United States – bringing the public, private and academic sectors together to find technology solutions for common problems facing every day investors.


FINRA Hosts First RegTech Conference – January 16, 2019

On January 16, 2019, FINRA convened its first ever RegTech Conference in New York City. Regulators, academics and innovators came together to discuss how technology is creating a new landscape for compliance efforts in financial services. New opportunities are quickly becoming available for industry participants and new challenges are arising for regulators. Issues like machine learning, artificial intelligence and anti-money laundering all played key roles in discussion throughout the day.


New York Roundtable – April 12, 2018

On April 12, 2018, FINRA hosted a FinTech roundtable in New York focused on RegTech, Personal Financial Management and Data Aggregation.


Dallas Roundtable – November 30, 2017

On November 30, 2017, FINRA hosted a roundtable in Dallas on Big Data Analytics, RegTech, and Initial Coin Offerings (ICOs).


San Francisco Roundtable – September 29, 2017

The purpose of the roundtable was to facilitate a dialogue with industry members and other stakeholders that will help FINRA better understand FinTech innovations and their impact on the industry. During the roundtable, there were participant-led discussions focused on 1) artificial intelligence and its impact on financial services; 2) the impact of FinTech on the securities industry; and 3) regulatory technology (RegTech). 


Blockchain Symposium – July 13, 2017

FINRA’s Blockchain Symposium was designed to bring together regulators and industry leaders to discuss the use of blockchain and related opportunities and challenges. The half-day symposium looked at the changes that are occurring or may occur in the future as a result of the implementation of DLT applications in the financial industry. It also featured discussions of the potential market and regulatory implications of these changes.

View the Blockchain Symposium Brochure.

The FinTech Industry Committee is composed of 15 members, drawn from member firms, academia, and industry participants, in addition to observers from the Securities and Exchange Commission (SEC) and North American Securities Administrators Association (NASAA).

The committee provides FINRA, member firms and others with a platform for ongoing dialogue and analysis of FinTech developments, including with respect to their potential impact on FINRA’s investor protection and market integrity objectives; challenges to the adoption of FinTech-based products or services; opportunities to improve interactions between FinTech firms and FINRA to support innovation that is consistent with FINRA’s investor protection and market integrity objectives; and possible FINRA FinTech initiatives.

Committee Members:

Jo Ann S. Barefoot
Alliance for Innovative Regulation

Richard Berner
NYU Stern School of Business

Megan Brewer
Morgan Stanley

Maria Gotsch
Partnership Fund for New York City

Joshua Hershman
UBS

Kim Johns
Goldman Sachs

Richard Johnson
Texture Capital

Kabir Kumar
Flourish Ventures

Lucas Moskowitz
Robinhood

Neha Narula
MIT Media Lab

Melissa Netram
Block

Jason Rives
Figure Securities

Lagan Srivastava 
Galaxy Digital

Mona Vernon
Fidelity Investments

Kevin Werbach
Wharton School of Business, University of Pennsylvania

Patrick Whyte
Charles Schwab & Co.

Observers:

Jillian Lazar
North American Securities Administrators Association (NASAA) FinTech Committee

Valerie A. Szczepanik
U.S. Securities and Exchange Commission (SEC)

FINRA Staff Liaisons:

Robert Chao
Alex Khachaturian
Haimera Workie