Examination and Risk Monitoring: FINRA 2023 Report

Outline of key risk areas and new topics

January 2023

KPMG Insights. FINRA’s Examination and Risk Monitoring Report highlights key areas of “expanded focus” such as Regulation BI and cybersecurity as well as emerging risks (including sanctions evasion) that will likely direct reviews in 2023. Firms should anticipate that examiners will be assessing how well their compliance activities in each of the topic areas align with the information contained in the Report, including: new material, exam findings, effective practices, and “relevant considerations.” Member firms are encouraged to also consider FINRA’s report in concert with similar releases by the SEC on its examination findings and priorities as well as anticipated rulemakings under its 2023 regulatory agenda.


The Financial Industry Regulatory Authority (FINRA) has published its 2023 Report on FINRA’s Examination and Risk Monitoring Program, providing insights into findings from recent oversight activities under its Member Supervision, Market Regulation, and Enforcement programs (collectively, “regulatory operations programs”).

The Report covers twenty-four (24) topics across five (5) key areas (including, i) Financial Crimes, ii) Firm Operations, iii) Communications and Sales, iv) Market Integrity, and v) Financial Management), representing a wider range of topics under these key areas than in previous years’ reports, a new section (Financial Crimes), and novel topics within the Market Integrity section. For each topic, FINRA:

  • Identifies the relevant topics, rule(s), and/or oversight activities
  • Summarizes findings or observations
  • Outlines effective practices that FINRA observed through its regulatory operations programs
  • Highlights key considerations for firms’ compliance programs

An outline of certain key risk areas, emerging risks, and new topics as identified by FINRA follows. 
 

Expanded Focus in Key Risk Areas

Topics

Relevant KPMG Thought Leadership

Reg BI and Form CRS

Click here

Consolidated Audit Trail (CAT)

Click here

Order Handling, Best Execution, and Conflicts of Interest

Click here and here

Mobile Apps

Click here

Cybersecurity

Click here and here

Complex Products and Options

Click here and here

Areas of Emerging Risk

Topics

Relevant KPMG Thought Leadership

Manipulative Trading in small cap IPOs

Click here and here

Sanctions Evasion

Click here and here

ACATS (Automated Customer Account Transfer Service) Fraud

Click here and here

2023 Report – New Sections and Topics

Topics

Relevant KPMG Thought Leadership

Financial Crimes

Cybersecurity and Technology Governance

Click here and here

Anti-Money Laundering and Sanctions

Click here, here, and here

Manipulative Trading

Click here

Market Integrity

Fair Pricing (Fixed Income)

Click here and here

Reporting and Order Handling (Fractional Shares)

Market Making Exemptions (Regulation SHO)

 


Please refer to:


 

For more information, please contact:

Amy S. Matsuo

Amy S. Matsuo

Principal and National Leader, Regulatory Insights, KPMG US

+1 919-244-0266
Michael Sullivan

Michael Sullivan

Principal, Advisory, FS Regulatory & Compliance Risk, KPMG US

+1 703-286-8000