

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:
An outline of certain key risk areas, emerging risks, and new topics as identified by FINRA follows.
Expanded Focus in Key Risk Areas |
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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 |
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Mobile Apps |
Click here |
Cybersecurity |
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Complex Products and Options |
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Areas of Emerging Risk |
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Topics |
Relevant KPMG Thought Leadership |
Manipulative Trading in small cap IPOs |
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Sanctions Evasion |
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ACATS (Automated Customer Account Transfer Service) Fraud |
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2023 Report – New Sections and Topics |
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Topics |
Relevant KPMG Thought Leadership |
Financial Crimes |
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Cybersecurity and Technology Governance |
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Anti-Money Laundering and Sanctions |
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Manipulative Trading |
Click here |
Market Integrity |
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Fair Pricing (Fixed Income) |
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Reporting and Order Handling (Fractional Shares) |
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Market Making Exemptions (Regulation SHO) |
Please refer to: