Series 79 practice questionmediumBooks and Records Requirements
An investment banking associate uses a personal text messaging application to discuss deal terms with a client, bypassing the firm's approved communication channels. Which regulatory concern does this conduct most directly implicate?
- AViolation of Regulation S-X financial statement formatting requirements
- BViolation of the Securities Act of 1933 registration requirements
- CViolation of Regulation NMS order handling rules
- DViolation of books and records requirements under SEC Rule 17a-4, as the firm cannot capture and retain the business communications✓ Correct answer
Explanation
Why D — Violation of books and records requirements under SEC Rule 17a-4, as the firm cannot capture and retain the business communications
SEC Rule 17a-4 requires broker-dealers to preserve all business-related communications, including electronic messages. When employees use unapproved personal messaging platforms, the firm cannot capture, review, or retain those communications as required. This issue has been a major enforcement focus in recent years, with the SEC and FINRA imposing significant fines on firms whose employees conducted business through personal devices and off-channel communications platforms.
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