What is FINRA? Why Does it Matter to Real Estate Investors?

What is FINRA? Why Does it Matter to Real Estate Investors?

Title Representative · Lakewood, OH · Member since 2015 · 121 posts · 70 votes

The acronym FINRA stands for Financial Industry Regulation Authority. On its website it describes its mission and utility.

"FINRA is dedicated to investor protection and market integrity through effective and efficient regulation of the securities industry. FINRA is not part of the government. We’re an independent, not-for-profit organization authorized by Congress to protect America’s investors by making sure the securities industry operates fairly and honestly."

Authorized by congress to protect market integrity and provide efficient regulation of the securities industry, but not part of the government? How does that work? Who funds FINRA? What is their role in the Financial Services industry?

FINRA presents itself as protecting and educating investors in the Financial Services space. It is listed as a corporation that is also a Self Regulatory Organization (SRO). Officially, it ultimately reports into the SEC so what is its role? In my research I found the following roles:

  • FINRA regulates trading in equities, corporate bonds, securities futures, and options.
  • As part of its regulatory authority FINRA periodically conducts regulatory exams of its regulated institutions.
  • FINRA licenses individuals and admits firms to the industry, writes rules to govern their behavior, examines them for regulatory compliance, and is sanctioned by the U.S. Securities and Exchange Commission (SEC) to discipline registered representatives and member firms that fail to comply with federal securities laws and FINRA's rules and regulations.

The Financial Services Industry funds FINRA to investigate and regulate itself. Legislation was introduced in Congress to require Financial Advisors to put their clients' interests first. Shockingly, this has not been the case. Financial Advisors are not required to put their clients' interests first. Financial Advisors have a fiduciary duty, currently, to place investors into appropriate risk funds. Specifically, this new piece of legislature was targeting retirement and 401K accounts. FINRA had stated that Financial Advisors had a fiduciary duty to clients to just place them into appropriate risk profile funds, not necessarily the fiduciary responsibility to place their clients' interests first. FINRA actively lobbied against this bill to place client's interest first as the standard of a Financial Advisor's fiduciary duties. Here's one story: Fiduciary Obligations

As real estate investors this is really a result that we already know to be true: the Financial Services industry is not going to put clients' interests first, they will put their own interests first and fight to keep it that way. In FINRA's opening mission statement on its website it says, "FINRA is dedicated to investor protection and market integrity through effective and efficient regulation of the securities industry." That seems like a very difficult claim to make when you are a Self Regulated Organization that fights against placing the highest fiduciary duty to investors.

The question whether you are investing in Real Estate, Fixed Assets, or Equities becomes, "I have my motivation for investing, but what are my service provider's motivations?" Are their interests mutually aligned with your interests? Ask service providers including: Financial Advisors, Real Estate Agents, Brokers, Property Managers, Contractors, the following question: How are you motivated to help me succeed? If they don't have a satisfactory answer, move on. After you do a deal, what is the level of service that they are going to offer you? Is it just about making sales? Do they just want you to buy their funds, homes, etc? What are your risks if my portfolio that you advise me to buy performs poorly? Are fiduciaries really listening to you? Are they looking for the best opportunities for you? 

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Ann Arbor, MI · Member since 2014 · 3 posts · 2 votes
10y

Thanks for this thoughtful and informative post, Nicholas!

Does FINRA remind anyone else of the ratings agencies?

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  • Ann Arbor, MI · Member since 2014 · 3 posts · 2 votes
    10y

    Thanks for this thoughtful and informative post, Nicholas!

    Does FINRA remind anyone else of the ratings agencies?

  • Title Representative · Lakewood, OH · Member since 2015 · 121 posts · 70 votes
    10y

    Thanks @Ryan Schechtman! Did you see the movie "The Big Short"? 

  • Ann Arbor, MI · Member since 2014 · 3 posts · 2 votes
    10y

    Yeah, great movie.  It seemed they nearly ended the film with a call to action. I.e. "Hey guys, the banks are even bigger than they were & very few substantive changes have been made."  I felt like shouting, "We've got to do something!"  But the rest of the theater responded to the film with a subdued 'meh.'

    The Big Short is an excellent book too.  I highly recommend both.

    Back to your awesome article, I really like how you highlighted the importance of having mutually aligned interests with your service providers.  It reminds me of the Charlie Munger quote, "I think I've been in the top 5% of my age cohort all my life in understanding the power of incentives, and all my life I've underestimated it. Never a year passes that I don't get some surprise that pushes my limit a little farther."  To know how an individual or institution will act, simply understand their incentives. 

  • Title Representative · Lakewood, OH · Member since 2015 · 121 posts · 70 votes
    10y

    @Ryan Schechtman  my personal feeling is that banks, financial advisors, and hedge funds are egregious offenders of their fiduciary responsibilities. It's never an "everyone" or "all" is guilty of these charges, but the industry makes it extremely difficult to trust them when they make jokes like the joke that goes more/less like "take a look at all our yachts in the harbor and then someone asks where are the clients' yachts (ensue uncontrollable laughter)". The industry really could use a little more appreciation towards clients that have stuck with them through all the bailouts and bs that they put the country through. I have a very minority position that we should have allowed the banks that made careless bets fail and other companies that were irresponsible to fail. It would have been much worse in the short term, but we could have used the crisis for some good by showing banks to take care of their own risk-managemnent, and cleaning out the bad assets through bankruptcy and starting over. I fear that with the federal reserve's interest rate policy, Quantitive easing, and bailouts that we've really backed ourselves into a corner and we're set up for a much bigger crisis. I hope I am very wrong on that belief. Debt is really strangling our federal budget, some states, and some municipalities. I thoroughly enjoyed the film, Christian Bale and Steve Carrell stole the show! 

  • Long Island, NY · Member since 2015 · 138 posts · 20 votes
    10y

    @Nicholas Varner really interesting post and informative. You posed some great questions regarding the intentions/motivations of those that are and will be my service providers, pertaining to my success. This is a must add for me. So thank you for this information.

    Best to your endeavors!

  • Title Representative · Lakewood, OH · Member since 2015 · 121 posts · 70 votes
    10y

    Thanks a lot @Tyisha G.! My 2016 goal is to post one article a week at least. Hope you are able to read some future articles. Best of luck out on The Island!

  • Long Island, NY · Member since 2015 · 138 posts · 20 votes
    10y

    @Nicholas VarnerYou're most welcome. Keep me posted on the articles. Thank you.

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