New Requirements Before Registered Representative May Be Named a Customer’s Beneficiary

check mark image with workersIn an October 29, 2020, regulatory notice, FINRA announced the adoption of a new rule that creates new requirements before any person associated with a firm regulated by FINRA obtains power of attorney or is named a beneficiary, executor, or trustee for or on behalf of a customer. Rule 3241 now requires firms regulated by FINRA to review and approve or disapprove any such status or role by a registered person associated with the firm.

The rule is intended to limit conflicts of interest that arise when a broker or registered representative is a customer’s beneficiary, executor, trustee, or has power of attorney. These conflicts are problematic and dangerous for any investor, but especially for elderly and unsophisticated investors. In explaining the new rule, FINRA said many member firms already address this potential conflict by prohibiting or imposing limitations on an associated person from being named as a beneficiary or to a position of trust when there is not a family relationship with the customer. FINRA added, “Nonetheless, FINRA observed situations where registered representatives tried to circumvent firm policies, such as resigning as a customer’s registered representative, transferring the customer to another registered representative, or having the customer name the registered representative’s spouse or child as the customer’s beneficiary.”

By requiring the registered person to provide written notice of such proposed status to the member firm and receive written approval from the firm, the new rule may provide limited additional protection for investors.


This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon Investments.

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Cody Berne

Cody Berne is an attorney at Stoll Berne in Portland. Cody’s practice focuses on representing investors who lost money because of fraud and other misconduct, class actions, and business litigation. He is a member of the Public Investors Advocate Bar Association and the Oregon Trial Lawyers Association.

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The information contained in this blog does not constitute legal advice, and does not create an attorney-client relationship. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this blog.