FINRA 2210(b)(4)(A) outlines the recordkeeping requirements for retail and institutional communications. These mirror current recordkeeping requirements and incorporates by reference the medium, retention period, and recordkeeping format included in SEA Rule 17a-4. Such records must include:
– A copy of the communication and the dates of first and (if applicable) last use;
– The name of any registered principal who approved the communication and the date that approval was given;
– In the case of a retail communication or institutional communication that is not approved prior to first use by a registered principal, the name of the person who prepared or distributed the communication;
– Information concerning the source of any statistical table, chart, graph or other illustration used in the communication; and
– For retail communications that rely on the exception under paragraph (b)(1)(C), the name of the firm that filed the retail communication with FINRA and a copy of the Advertising Regulation Department’s review letter.
FINRA Rule 2210(b)(4)(B) with respect to communications recordkeeping requirements cross-references NASD Rule 3010(d)(3) and FINRA Rule 4511.
Smarsh, Inc. assumes no liability for the accuracy or completeness of this information. Please consult with an attorney for specific information on specific rules and regulations and how they apply to your business.