SEC Approves New Rules Governing Communications With the Public (FINRA Regulatory Notice)

FINRA Reg. Notice 12-29

The SEC approved a FINRA proposal to adopt NASD Rules 2210 and 2211 and NASD Interpretive Materials 2210-1 and 2210-3 through 2210-8 as FINRA Rules 2210 and 2212 through 2216 (collectively, the Communications Rules), and to delete certain provisions of Incorporated NYSE Rule 472 and certain Supplementary Material and Rule Interpretations related to NYSE Rule 472. All firms should review the new rules and accordingly update their policies and procedures regarding advertising and other communications with the public and related matters.

Effective Date: February 4, 2013

Cross References: Lofchie's Guide to Broker-Dealer Regulation, Chapter 6: Communications; SEC Release No. 34-66681, 77 FR 20452 (April 4, 2012) (Approval of Rule Change); FINRA Rule 2200 Series; FINRA Rule 4511; FINRA Rule 9600 Series; Incorporated NYSE Rules 344and 472; Investment Advisers Act Rule 206(4)-1; Investment Company Act Rule 24b-3 and Section 24(b); NASD IM-2210-1 through IM-2210-8; NASD Rules 1022, 2210, 2211, 2711, 3010; FINRA Regulatory Notices 08-64, 09-10, 09-70, 10-06 and 10-52; Exchange Act Rule 17a-4; Securities Act Rules 134, 433and 482.

For more information about this document, you may contact one of the following Cadwalader attorneys: Steven D. Lofchie; Glen Barrentine.