Discrepancies, Complaints, and Arbitration: Rapid Fire
Chapters in this video
- 0:00 The golden rule: fault absorbs the market move
- 1:11 Cancel-and-rebill and principal approval
- 2:15 Written versus oral complaints and the records rule
- 3:37 Private settlement by a rep: the compliance violation
- 4:56 Firm event reporting to FINRA in 30 calendar days
- 5:44 Arbitration, mediation, and forum selection
- 7:12 The three-dollar triangle and dollar thresholds
- 7:47 Simplified and three-arbitrator claim sizes
- 8:16 Form U5, Form U4, and statutory disqualification
- 9:24 Rapid-fire exam recap
What this video covers
- The golden rule of trade errors: the party at fault absorbs the market move, and the difference between originally-intended NAV (firm-caused) and next NAV (customer-caused)
- Why every cancel-and-rebill requires qualified principal approval before landing in the destination account
- What triggers the customer complaint records rule: the distinction between an oral grievance (can be a "complaint" in definition) and a written one (required for the OSJ file)
- The four-year OSJ retention period for complaints, distinct from the three-year order-ticket tier and six-year account tier
- Why a rep cannot privately settle a complaint out of pocket, and why forwarding to the principal is mandatory, not optional
- The 30-calendar-day firm event-reporting deadline to the Financial Industry Regulatory Authority (FINRA), and why weekends and holidays count
- Arbitration versus mediation: binding and final with narrow vacatur grounds, versus voluntary and non-binding with no decision power for the mediator
- The six-year arbitration eligibility rule and why it is not a statute of limitations
- Why the customer holds the forum keys (can compel arbitration) but the firm cannot force arbitration without a predispute arbitration agreement, and the insurance-business exception
- The three-dollar triangle: $5,000 Form U4 complaint-disclosure threshold, $15,000 associated-person settlement report, and $25,000 firm settlement report
- Simplified arbitration at $50,000 or below (one arbitrator) versus three-arbitrator threshold above $100,000
- Form U5 filed by the firm within 30 days of termination, and why a willfully false Form U4 can itself trigger statutory disqualification
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