FINRA’s New Public Arbitrator Rules Make Little Sense: Compliance Pros
June 4, 2013 By Melanie Waddell, AdvisorOne Arbitrators that have no understanding of the industry are ‘virtually incapable of making decisions that are objective and educated,’ says Henschen Compliance professionals are questioning the merits of new FINRA rules that prevent people associated with mutual funds and hedge funds from serving as public arbitrators. The Securities and Exchange Commission recently approved FINRA’s new rules, which become effective on July 1, and respond to concerns raised by “investor representatives” about such persons’ neutrality. In addition, FINRA amended the public arbitrator definition to add a two-year “cooling off” period before FINRA may permit certain individuals to serve as public arbitrators. Other excluded persons include investment advisors, attorneys who work in the securities industry, and directors and officers of firms in the securities industry. But Cipperman Compliance Services issued a statement...