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This is a FINAL CALL for submitting comments on FINRA Rules 3270 (Outside Business Activities of Registered Persons) and 3280 (Private Securities Transactions of an Associated Person). You have until 6/29/17.

Last month, in Regulatory Notice 17-20, FINRA issued a request of comment on its rules governing outside business activities and private securities transactions by employees of broker-dealers away from their firms – i.e., activities that are outside the regular course or scope of their employment with the firm. This review is part of the FINRA360 initiative, a comprehensive review of the organization’s operations and programs.

These rules were designed to protect investors from potentially problematic or risky activities that are unknown to the firm but could be perceived by the investing public as either part of the firm’s business or having the firm’s imprimatur. In addition, the rules protect firms from reputational or litigation risks when employees engage in business and securities activities outside of the firm.

In particular, FINRA seeks answers to the following questions:

1. Have the rules effectively addressed the problem(s) they were intended to mitigate? To what extent have the original purposes of and need for the rules been affected by subsequent changes to the markets, the delivery of financial services, the applicable regulatory framework, or other considerations? Are there alternative ways to achieve the goals of the rules that should be considered?

2. What have been experiences with implementation of the rule set, including any ambiguities in the rules or challenges to comply with them?

3. What have been the economic impacts, including costs and benefits, arising from FINRA’s rules? Have the economic impacts been in line with expectations described in the rulemaking? To what extent would these economic impacts differ by business attributes, such as size of the firm or differences in business models?

4. Can FINRA make the rules, interpretations or attendant administrative processes more efficient and effective?

[Please refer to RegNote 17-20 for complete details.]