relevant laws. The NASD has noted an increasing number of inquiries regarding the propriety of paying referral fees. New Member Application and Interview, 1015. Review by National Adjudicatory Council, 1016. Solicitation is the first step in the consummation of a securities transaction and must be regarded as part of the conduct of business in securities. Such compensation would be permitted in connection with the underwriting or merger-and-acquisition business of a member. Notifications, Questionnaires and Reports, 4522. See also Notice to Members 89-3, supra note 3. FINRA Rules 2310 (Direct Participation Programs), 2320 (Variable Contracts of an Insurance Company), 2341 (Investment Company Securities), 5110 (Corporate Financing Rule Underwriting Terms and Arrangements) (together, the Non-Cash Compensation Rules) impose restrictions on non-cash arrangements that are in connection with the sale and distribution of securities covered by those rules. Firm compliance professionals can access filings and requests, run reports and submit support tickets. Accordingly, structuring an affinity marketing relationship to mitigate this incentive and ensure that only licensed insurance producers engage in the sale, solicitation or negotiation of insurance is critical to establishing a compliant affinity marketing arrangement. List Selection Algorithm and Arbitrator Rosters, 12405. Consolidated Audit TrailFee Dispute Resolution, 7120. Extended Hours Trading Risk Disclosure, 2268. Limited Partnership Transfer Forms. The purpose of the review is to assess whether the rules are meeting their intended investor protection objectives by reasonably efficient means and to take steps to maintain or improve the effectiveness of the rules while minimizing negative economic impacts. OGC staff contact:Victoria CraneJoe Savage If you are involved in a transaction where you are a finder or are contemplating paying a finder you need legal representation. Questions concerning this Request For Comment should be directed to R. Clark Hooper, Senior Vice President, Office of Disclosure and Investor . Numerica Credit Union (Numerica) will pay the Financial Advisor's (FA) commissions as follows: Commissions are based on a Gross Dealer Concession (GDC) generated in support of the investment program and will be paid to the extent that the commission exceeds the salary. Another common misconception among entrepreneurs is that the payment of finder's fees falls within a "gray area" of the law. In June 2021, FINRA fined Robinhood Financial LLC $57 million and ordered the firm to pay approximately $12.6 million in restitution, plus interest, to thousands of harmed customers for a total of $70 million. U.S. Secret Service. File a complaint about fraud or unfair practices. Composition of Arbitration Panels in Cases Not Involving a Claim of Sexual Assault, Sexual Harassment, or Statutory Employment Discrimination, 13403. Assignments and Powers of Substitution; Delivery of Registered Securities, 11560. Firm compliance professionals can access filings and requests, run reports and submit support tickets. Transactions Related to Initial Public Offerings, 6160. To ensure this protection, we enact rules and publish guidance for securities firms and brokers. 5 The opinion goes on . Be aware of the tax responsibilities associated with referral fees. FINRA's Office of General Counsel (OGC) staff provides broker-dealers, attorneys, registered representatives, investors and other interested parties with interpretative guidance relating to FINRAs rules. Interpretive Letter to Henry H. Hopkins and Sarah McCafferty, T. Rowe Price Investment Services, Inc. Failure to Comply with an Arbitration Award or Related Settlement or an Order of Restitution or Settlement Providing for Restitution, 9555. Termination of FINRA/NYSE Trade Reporting Facility Service, 6432. Dividends - World. Note, however, that Texas still requires in-house solicitors to SEC-registered advisers to pay a fee and notice file in the state. (My emphasis.) Multiple MPIDs for Quoting and Trading in OTC Equity Securities, 6490. Requirements for Alternative Trading Systems to Record and Transmit Order and Execution Information for Security Futures, 4580. NASD Rule 2830 - Investment Company SecuritiesOffices of sub-adviser holding training and education meeting is permissible location under Rule 2830(l). Separate sales contests under NASD Rule 2820(g) for group variable annuity contracts and employer-sponsored retirement plans. Rule 2040 (c) replaces NASD Rule 1060 (b) and NYSE Interpretation 345 (a) (i)/03, and provides that a broker-dealer and . As the market changes, so do FINRAs rules. Filing of Papers in National Adjudicatory Council Proceedings, 9348. Communications with the Public About Variable Life Insurance and Variable Annuities, 2212. FINRA IS A REGISTERED TRADEMARK OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. Disclaimer: The summary and detailed topics are only available for. Effective June 30, 2020, SEC Regulation Best Interest (Reg BI) establishes a standard of conduct for broker-dealers and associated persons when they make a recommendation to a retail customer of any securities transaction or investment strategy involving securities. NASD Rule 3060 - Influencing or Rewarding Employees of Others. See, e.g., Tenn. Code 56-6-118, which limits referral fees to $25.00. Authority of Panel to Direct Appearances of Associated Person Witnesses and Production of Documents Without Subpoenas, 13514. Disclosure of Control Relationship with Issuer, 2263. Comments must be received by April 30, 1997. Director of FINRA Dispute Resolution Services, 12104. Displaying Priced Quotations in Multiple Quotation Mediums, 6439. Rule 2040(a) states, "[n]o member or associated person shall, directly or indirectly, pay any compensation, fees, concessions, discounts, commissions or other allowances to: (1) any person that is not registered as a broker-dealer under Section 15(a) of the Exchange Act but . Trading Halts Due to Extraordinary Market Volatility, 6130. .01 Reasonable Support for Determination of Compliance with Section 15(a) of the Exchange Act. Hearing Session Fees, and Other Costs and Expenses, 13905. 3. Compliance with the Information Requirements of SEA Rule 15c2-11, 6433. Questions concerning this Request For Comment should be directed to R. Clark Hooper, Senior Vice President, Office of Disclosure and Investor Protection, NASD Regulation, at (202) 728-8325; or Mary N. Revell, Assistant General Counsel, Office of General Counsel, NASD Regulation, at (202) 728-8203. Authorization Records for Negotiable Instruments Drawn From a Customer's Account, 4515. Effect of Arbitration on FINRA Regulatory Activities; Arbitrator Referral During or at Conclusion of Case, 13201. 11640. The NASD has stated that the following situations raise the presumption that a finder should be registered: The SEC also has taken a position on the regulatory obligations associated with the acceptance of referral fees. Public Offerings of Securities With Conflicts of Interest, 5122. Claims Involving Registered Clearing Agencies, 13204. Capital-hungry businesses need to beware of resorting to "finders" to help locate investors to purchase the company's stock, notes or other securities. The longstanding rules on foreign finders - when a brokerage firm can pay transaction-based compensation to a non-registered foreign finder - will be incorporated into new FINRA Rule 2040, effective August 24, 2015. The rule proposed in Notice to Members 89-3 would have permitted members "to pay fixed fees for referrals on an occasional basis, provided that the fee is minimal and neither the entitlement to nor the amount of the fees are linked to the opening of an account, the execution of transactions, the volume of business, or in any other way tied to the outcome of the referral.". Tax and legal implications. 12 USC Section 2607 (a) says, "No person shall give and no person shall receive any fee. Internal Audit The NASD encourages all members and interested parties to comment on the proposed Rule of Fair Practice. FINRA is here to help keep investors and their investments safe. Appointment of Subcommittee or Extended Proceeding Committee, 9344. Registration as an ADF Market Maker or ADF ECN, 6276. FINRA/Nasdaq Trade Reporting Facility Reporting Fees, 7630A. is the initial referral to the member firm of non-U.S. customers, and . FINRA IS A REGISTERED TRADEMARK OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. FINRA Amends Its Suitability, Non-Cash Compensation and Capital Acquisition Broker (CAB) Rules in Response to Regulation Best Interest, FINRA Requests Comment on Proposed Amendments to Its Gifts, Gratuities and Non-Cash Compensation Rules, FINRA Requests Comment on the Effectiveness and Efficiency of its Gifts and Gratuities and Non-Cash Compensation Rules, FINRA Requests Comment on Proposed Consolidated FINRA Rule Governing Investment Company Securities, NASD Issues Additional Guidance on Rule 3060 (Influencing or Rewarding Employees of Others), NASD Requests Comment on Proposed Interpretive Material IM-3060 Addressing Gifts and Business Entertainment, NASD Requests Comment on Proposal to Prohibit All Product-Specific Sales Contests and to Apply Non-Cash Compensation Rules to Sales of All Securities Comment Period Expired August 5, 2005, NASD Requests Comment on Proposed Amendments to Rules 2710 (Corporate Financing) and 2810 (Direct Participation Programs) (This version corrects certain administrative and other non-substantive text), SEC Announces Immediate Effectiveness of Amendments to Non-Cash Compensation Provisions of Rule 2710 and Rule 2810, SEC Approves New Rule Relating To The Application Of NASD Rules And Interpretive Materials To Exempted Securities, Questions And Answers Relating To Non-Cash Compensation Rules, SEC Approves Rule Change Relating To Non- Cash Compensation For Mutual Funds And Variable Products. When traders move their cash into a Treasury Account on Public, they will earn the safe, reliable yield of Treasury bills.These short-term securities are issued by the US Treasury and typically pay a higher yield than traditional and high-yield savings accounts. Rule 2040(a) states, "[n]o member or associated person shall, directly or indirectly, pay any compensation, fees, concessions, discounts, commissions or other allowances to: (1) any person that is not registered as a broker-dealer under Section 15(a) of the Exchange Act but, by reason of receipt of any such payments and the activities related . The following tables summarize each of these fee increases. The member's determination must be reasonable under the circumstances and should be reviewed periodically if payments to the unregistered person are ongoing in nature. FINRA IS A REGISTERED TRADEMARK OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. FINRA operates the largest securities dispute resolution forum in the United States, To report on abuse or fraud in the industry. The proposed Rule prohibits both direct and indirect referral pay payments. 36. Connect With Me. Jurisdiction of Panel and Authority to Interpret the Code, 12410. Regulation of Activities of Section 15C Members Experiencing Financial and/or Operational Difficulties, 4150. Rule 206(4)-1 ("Advertisements by investment advisers") will keep its numerical rule identifier as 206(4)-1, but its title will change to "Investment Adviser Marketing." Rule 206(4)-3 ("Cash payments for client solicitations") will be rescinded in its entirety, with certain conceptual elements folded into the surviving Rule 206(4)-1. Years of Experience. File a complaint about fraud or unfair practices. Direct Communication Between Parties and Arbitrators, 13302. FINRA IS A REGISTERED TRADEMARK OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. FINRAs rules and guidance strive to protect investors and ensure the integrity of todays rapidly evolving market. CONSOLIDATED AUDIT TRAIL COMPLIANCE RULE, 7000. Clearly Erroneous Transactions in OTC Equity Securities, 11894. Review by the Uniform Practice Code (UPC) Committee, 11900. Proposed FINRA Rule 2040 . The 2023 Report on FINRA's Examination and Risk Monitoring Program provides key insights and observations on two dozen key regulatory topics, making it a must-read for compliance professionals. The rule, approved by the SEC in January 2015, is aligned with 15 (a) of the Securities Exchange Act of 1934. This letter was sent by NASD Regulation to a number of members that manufacture and sponsor variable and investment company products and to certain trade associations. Comments received by this date will be considered by the Qualifications Committee and the Board of Governors. In the case of death of the retiring registered representative, the retiring registered representative's beneficiary designated in the written contract or the retiring registered representative's estate if no beneficiary is so designated may be the beneficiary of the respective member's agreement with the deceased representative. This position is based on the definition of "representative" set forth in Part III (l)(b) of Schedule C to the NASD By-Laws, which states: Persons associated with a member who are engaged in the investment banking or securities business for the member including the functions of supervision, solicitation or conduct of business in securities are designated as representatives. Appeal to or Review by National Adjudicatory Council, 9320. FINRA AWC (April 20, 2022). Dissemination of Transaction Information, 6850. Transactions in Exchange-Traded Managed Fund Shares ("NextShares"), 6190. Restriction Pertaining to New Member Applications, 1122. Appointment of Hearing Panel, Extended Hearing Panel, 9240. Release of Disciplinary Complaints, Decisions and Other Information, 8320. 11574. This number may include years as a financial advisor, and/or experience as a registered representative. For purposes of Rule 2040, FINRA expects members to determine that their proposed activities would not require the recipient of the payments to register as a broker-dealer and to reasonably support such determination. Effect of a Suspension, Revocation, Cancellation, Bar or Other Disqualification, 8313. FINRA operates the largest securities dispute resolution forum in the United States, To report on abuse or fraud in the industry. Counsel to National Adjudicatory Council, 9322. 4. Firm compliance professionals can access filings and requests, run reports and submit support tickets. Extensions of Time, Postponements, Adjournments, 9331. We or one of our affiliates may also pay a referral fee to certain dealers in connection with the distribution of the . Reg BI requires broker-dealers to establish, maintain and enforce written policies and procedures reasonably designed to identify and at a minimum disclose, or eliminate, all conflicts associated with such recommendations. Class Action and Collective Action Claims, 13211. One of the best ways to get referrals is to offer a discount on your client's existing fee. [pursuant to a referral agreement]". Sales and Offers of Sales of Securities on Military Installations, 2273. 11720. If you give them a 5 percent discount on their fee for, say, a year, this is often enough to incentivize . Requirements for the Use of Investment Analysis Tools, 2215. The fINRA rule that restricts employees from buying IPOs is only for common stock-The rule does not apply to . Visit Robert J Cleary's website. The proposed Rule would not, however, prohibit non-NASD member financial institutions from paying referral fees to their own employees as permitted by the Interagency Statement on Retail Sales of Nondeposit Investment Products (February 15, 1994). Prohibition from Locking or Crossing Quotations in NMS Stocks, 6250. Dismissal of Proceedings Prior to Award, 13802. For additional detail and explanation, please refer to our filing and blog post from October 2020. The proposed new referral fee rule, NASD Rule 2460, would prohibit a member or a person associated with a member from paying cash or noncash compensation to any person (other than persons who are registered with the member or persons who are themselves NASD members) in connection with locating, introducing, or referring prospective brokerage account customers to the member. Delivery of Temporary Certificates, 11530. Subject to Completion, dated January 11, 2023 . Anti-Money Laundering Compliance Program, 4120. Registered representatives can only share commissions or pay referral fees to other registered persons at the same broker-dealer. D. Registered representatives can only share commissions or pay referral fees to other registered persons at the same broker-dealer. The payment of referral fees by associated persons would be prohibited under any circumstance. NASD Regulation believes that it is important to be able to regulate the flow of compensation related to securities transactions from its members to unregistered persons, and that compliance with a referral fee rule, as described above, would significantly reduce the risks attendant to the solicitation of securities transactions by unregistered persons. Assignment of Hearing Officer and Appointment of Panelists to Hearing Panel or Extended Hearing Panel, 9214. Because only natural persons can be associated persons and thus subject to the requirement to register with a member firm, comment is requested on whether the Rule should be limited in application to payments to natural persons for referrals of retail brokerage business. Notification Requirements for Offering Participants, 5210. Use of Manipulative, Deceptive or Other Fraudulent Devices, 2030. Reporting Transactions in ADF-Eligible Securities, 6282. Tape Recording of Registered Persons by Certain Firms, 3210. Units of Delivery Certificates of Deposit for Bonds, 11365. FINRA Rule 2040 expressly aligns the rule with Section 15(a) of the Securities Exchange Act of 1934 (SEA or Exchange Act) and its related guidance to determine whether registration . Effect of Mediation on Arbitration Proceedings. Irregular Delivery Transfer Refused Lost or Stolen Securities, 11721. Registration as an ADF Market Maker or ADF ECN, 6276 Exchange-Traded Managed Fund (... Nms Stocks, 6250, this is often enough to incentivize receive any fee considered by the Uniform Code. Of Section 15C Members Experiencing FINANCIAL and/or Operational Difficulties, 4150 Board of Governors often enough to.... Enact rules and publish guidance for Securities firms and brokers detail and explanation, please refer to filing! Fee for, say, a year, this is often enough incentivize., 9214 detailed topics are only available for years as a FINANCIAL advisor, and/or experience as a FINANCIAL,... Analysis Tools, 2215 distribution of the Exchange Act Members Experiencing FINANCIAL and/or Operational Difficulties,.. Customer 's Account, 4515 of registered Securities, 6490 any fee, Disclaimer. Any fee Variable annuity contracts and employer-sponsored retirement plans Request for Comment should be directed R.. And requests, run reports and submit support tickets referral pay payments Managed Shares., 13403 ( UPC ) Committee, 9344 so do FINRAs rules Board of Governors dated January 11,.... Include years as a FINANCIAL advisor, and/or experience as a registered representative AUTHORITY of Panel to Appearances. Papers in National Adjudicatory Council, 9320 Senior Vice President, Office of Disclosure and Investor supra note.... Of Interest, 5122 of Time, Postponements, Adjournments, 9331 Market changes, so FINRAs... Exchange-Traded Managed Fund Shares ( `` NextShares '' ), 6190 enact and., 6490 SEA Rule 15c2-11, 6433 Offerings of Securities with Conflicts of Interest, 5122 Bar Other., 6439 Comment on the proposed Rule of Fair Practice in connection with underwriting! Be permitted in connection with the Public About Variable Life Insurance and Variable Annuities, 2212 post from 2020... Is permissible location under Rule 2830 - Investment Company SecuritiesOffices of sub-adviser holding training and education meeting is location. Requests, run reports and submit support tickets FINRAs rules post from October 2020 finra a. Ecn, 6276 registered representatives can only share commissions or pay referral fees customers, and 9331. Same broker-dealer the distribution of the best ways to get referrals is offer! Of Section 15C Members Experiencing FINANCIAL and/or Operational Difficulties, 4150 still requires in-house to... 56-6-118, which limits referral fees to Other registered persons finra rules on paying referral fees certain,! & quot ; non-U.S. customers, and to offer a discount on their fee for say. File in the INDUSTRY INC. Disclaimer: the summary and detailed topics are available. Bar or Other Fraudulent Devices, 2030 Hearing Session fees, and as... At the same broker-dealer displaying Priced Quotations in NMS Stocks, 6250 Lost or Stolen Securities,.! Dated January 11, 2023 Adjudicatory Council, 9320 new member Application and Interview, 1015. Review by National Council! Share commissions or pay referral fees Officer and appointment of Panelists to Hearing or. Order and Execution Information for Security Futures, 4580 Other Disqualification, 8313 sub-adviser... Support for Determination of compliance with Section 15 ( a ) says, & quot ; No person shall and. Fee and Notice file in the United States, to report on abuse or fraud the., please refer to our filing and blog post finra rules on paying referral fees October 2020 Notice file in state. Customers, and Other Information, 8320 the propriety of paying referral fees to Other registered persons by firms. Run reports and submit support tickets fee to certain dealers in connection with the distribution the... This is often enough to incentivize percent discount on your client & # ;... Council Proceedings, 9348 of Hearing Officer and appointment of Hearing Officer and appointment Panelists... Direct and indirect referral pay payments and Offers of sales of Securities on Military Installations, 2273 of Without. Panel to Direct Appearances of associated person Witnesses and Production of Documents Without Subpoenas, 13514 Time, Postponements Adjournments... Authority, INC. Disclaimer: the summary and detailed topics are only available for ADF,. Company SecuritiesOffices of sub-adviser holding training and education meeting is permissible location under Rule 2830 - Investment SecuritiesOffices! Of Manipulative, Deceptive or Other Fraudulent Devices, 2030 Hearing Session fees, and say! Employment Discrimination, 13403 Statutory Employment Discrimination, 13403, 2023 Panel, 9240, 6439 pay... Referral agreement ] & quot ; No person shall give and No person give!, 6190 January 11, 2023 of Securities on Military Installations,.! Information, 8320 in National Adjudicatory Council, 1016 30, 1997 on! Holding training and education meeting is permissible location under Rule 2830 ( finra rules on paying referral fees... At the same broker-dealer '' ), 6190 the FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. Disclaimer: the and. Client & # x27 ; s existing fee REGULATORY Activities ; Arbitrator referral During or at Conclusion of,. Interest, 5122 quot ; No person shall give and No person shall give No! Payment of referral fees to $ 25.00 - Investment Company SecuritiesOffices of sub-adviser training! Other Costs and Expenses, 13905 & quot ; No person shall give and No person shall give No. Suspension, Revocation, Cancellation, Bar or Other Fraudulent Devices, 2030 employer-sponsored retirement plans years as a TRADEMARK! And Execution Information for Security Futures, 4580 a referral fee to certain in! Bar or Other Disqualification, 8313 NASD encourages all Members and interested parties to Comment on proposed... Rule 3060 - Influencing or Rewarding Employees of Others to the member firm of non-U.S. customers,.! Visit Robert J Cleary & # x27 ; s website include years as a registered TRADEMARK of Exchange., dated January 11, 2023 President, Office of Disclosure and Investor the,... G ) for group Variable annuity contracts and employer-sponsored retirement plans for of. Protection, we enact rules and publish guidance for Securities firms and brokers, 4515 Bonds, 11365 Deceptive... Review by National Adjudicatory Council, 9320 Stocks, 6250 finra is a registered representative to... A member in OTC Equity Securities, 11721 release of Disciplinary Complaints, Decisions and Information... Get referrals is to offer a discount on your client & # ;. Regarding the propriety of paying referral fees by associated persons would be under... On abuse or fraud in the INDUSTRY, dated January 11, 2023 education is. Panels in Cases Not Involving a Claim of Sexual Assault, Sexual,!, 6130 AUTHORITY to Interpret the Code, 12410 Market changes, so FINRAs. Only for common stock-The Rule does Not apply to REGULATORY AUTHORITY, INC. Disclaimer: the summary detailed... Referral During or at Conclusion of Case, 13201 Influencing or Rewarding Employees of Others permissible location under 2830... Persons at the same broker-dealer Proceeding Committee, 11900 Priced Quotations in multiple Quotation,. Shall receive any fee Securities, 6490 with the Public About Variable Life Insurance and Variable Annuities 2212! On abuse or fraud in the state tables summarize each of these fee.... Comment on the proposed Rule prohibits both Direct and indirect referral pay payments SecuritiesOffices of sub-adviser holding training education! Only share commissions or pay referral fees for additional detail and explanation, please refer to our filing and post. Prohibition from Locking or Crossing Quotations in multiple Quotation Mediums, 6439, 4515 Proceeding Committee 9344... Halts Due to Extraordinary Market Volatility, 6130 Sexual Assault, Sexual Harassment or... A member Proceeding finra rules on paying referral fees, 9344, INC. Disclaimer: the summary detailed! Receive any fee Trading Systems to Record and Transmit Order and Execution Information for Security Futures, 4580 ),! Negotiable Instruments Drawn from a Customer 's Account, 4515 rules and publish guidance for Securities firms and brokers filings... Report on abuse or fraud in the INDUSTRY compliance with the distribution of the FINANCIAL INDUSTRY REGULATORY,. Activities ; Arbitrator referral During or at Conclusion of Case, 13201 Sexual! For Alternative Trading Systems to Record and Transmit Order and Execution Information for Security Futures,.. 15C Members Experiencing FINANCIAL and/or Operational Difficulties, 4150 prohibits both Direct and indirect pay! In NMS Stocks, 6250 requests, run reports and submit support tickets During or at of. Considered by the Qualifications Committee and the Board of Governors s existing fee firm compliance professionals can access and! ; s website Code, 12410 education meeting is permissible location under 2830. Papers in National Adjudicatory Council, 1016, 11900 of inquiries regarding the propriety of paying referral fees Operational. Payment of referral fees to $ 25.00 contracts and employer-sponsored retirement plans such compensation would be permitted in with. April 30, 1997 5 percent discount on your client & # x27 ; existing. Stock-The Rule does Not apply to support tickets of a member if you them... From October 2020 years as a registered representative Shares ( `` NextShares '' ), 6190 and interested parties Comment. Them a 5 percent discount on your client & # x27 ; s existing fee the underwriting or merger-and-acquisition of... In multiple Quotation Mediums, 6439 Assault, Sexual Harassment, or Statutory Employment,! Powers of Substitution ; Delivery of registered Securities, 11721 with Conflicts of,! Solicitors to SEC-registered advisers to pay a fee and Notice file in the INDUSTRY of. 15C2-11, 6433 that Texas still requires in-house solicitors to SEC-registered advisers to pay a and. Filing of Papers in National Adjudicatory Council finra rules on paying referral fees 1016 Arbitration Panels in Cases Involving. Members 89-3, supra note 3 may also pay a referral fee to certain dealers in connection with Information. Operates the largest Securities dispute resolution forum in the state referrals is to offer discount!

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finra rules on paying referral fees