Sunday, December 16, 2018 1:54:52 AM
https://www.finra.org/sites/default/files/NoticeDocument/p003089.pdf
With slight modifications, the five Principal Considerations in the previous Guideline have been kept in the revised Selling Away Guideline. To help Adjudicators determine appropriate sanctions, the revised Guideline adds eight new Principal Considerations. These include:
? a quantitative analysis of the dollar volume of sales, the number of customers, and the length of time over which the selling away activity occurred;
? whether the product sold away has been found to involve a violation of federal or state securities laws or federal, state or SRO rules;
? whether the selling away resulted in injury to the investing public;
? the extent of the respondent’s involvement in the selling away, i.e., whether the respondent referred customers or sold the product directly to customers and whether the respondent recruited other registered individuals to sell the product; and
? whether the respondent misled his or her employer about the existence of the selling away activity or otherwise concealed the selling away activity from the firm.
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