Notice2026-08369
Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend FINRA Rule 8210 (Provision of Information and Testimony and Inspection and Copying of Books)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 30, 2026
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 91 Issue 83 (Thursday, April 30, 2026)</title>
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[Federal Register Volume 91, Number 83 (Thursday, April 30, 2026)]
[Notices]
[Pages 23321-23323]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08369]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-105318; File No. SR-FINRA-2026-008]
Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend FINRA Rule 8210 (Provision of Information
and Testimony and Inspection and Copying of Books)
April 27, 2026.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 20, 2026, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
FINRA is proposing to amend FINRA Rule 8210(d) to specify that
FINRA will deliver electronically its requests for information and
testimony to member firms through FINRA Gateway.
The text of the proposed rule change is available on FINRA's
website at <a href="http://www.finra.org">http://www.finra.org</a> and at the principal office of FINRA.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the
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proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. FINRA has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
FINRA Rule 8210 (Provision of Information and Testimony and
Inspection and Copying of Books) requires a member, person associated
with a member, or other person over whom FINRA has jurisdiction to
produce documents, provide testimony, or supply written responses or
electronic data in connection with an investigation, complaint,
examination or adjudicatory proceeding.\4\ Rule 8210 is used by several
departments, particularly those with examination, risk monitoring, and
enforcement responsibilities. Rule 8210(d) outlines FINRA's obligations
when providing notice to member firms and currently and formerly
associated persons (including registered persons) from which it is
requesting information or testimony under the rule.
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\4\ Rule 8210 applies to all members, associated persons, and
other persons over which FINRA has jurisdiction, including former
associated persons subject to FINRA's jurisdiction as described in
the FINRA By-Laws. See FINRA By-Laws, Article V, Section 4(a)
(Retention of Jurisdiction).
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The proposed rule change amends Rule 8210(d) to modernize and
streamline the delivery of information and testimony requests to member
firms by specifying that FINRA will deliver electronically its requests
through FINRA Gateway.\5\ Electronic delivery through FINRA Gateway
aligns with modern communication practices and leverages a platform
that all member firms already use for registration and other compliance
functions. The proposed rule change maintains the existing principle
that notice is deemed received when transmitted but modernizes the
transmission method from mail to electronic delivery.
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\5\ FINRA Gateway is an electronic compliance portal designed to
streamline the compliance and reporting experience for member firms
and provide consolidated access to, among other things, uniform
registration forms, such as Form BR and Form U4. See FINRA Gateway,
<a href="https://www.finra.org/filing-reporting/finra-gateway">https://www.finra.org/filing-reporting/finra-gateway</a>. Member firms
use FINRA Gateway to file registration forms and amendments in the
Central Registration Depository (CRD) system, the central licensing
and registration system used by the U.S. securities industry and its
regulators. In general, the CRD system includes information reported
on the uniform registration forms that member firms and regulatory
authorities complete and maintain as part of the securities industry
registration and licensing process. FINRA, state, and other
regulatory authorities use the information in the CRD system in
connection with their licensing and regulatory activities. FINRA
Gateway also has other functionalities, including a request and
filings section that facilitates the electronic exchange of
information between firms and FINRA, including viewing and
responding to requests sent pursuant to FINRA Rule 8210.
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The proposed rule change reflects both technological advances and
operational experiences FINRA has gained since Rule 8210(d) was last
amended in 2012.\6\ Since that time, the broker-dealer industry has
undergone significant technological changes. Member firms have
substantially transitioned away from paper-based operations, a shift
accelerated by virtual work environments during the COVID-19 pandemic.
Concurrently, FINRA has made substantial investments in secure
electronic systems, including FINRA Gateway. Access to FINRA Gateway is
effectively required for registration by both FINRA member broker-
dealers and non-FINRA member broker-dealers, as all firms must access
CRD through FINRA Gateway to file and amend certain registration
forms.\7\ Additionally, member firms use FINRA Gateway to update
contact information as required by FINRA Rule 4517(c). Given FINRA
Gateway's widespread adoption among member firms, it is a natural and
appropriate choice for delivery of 8210 requests.
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\6\ See Securities Exchange Act Release No. 68386 (December 7,
2012), 77 FR 74253 (December 13, 2012) (Order Approving File No. SR-
FINRA-2009-060).
\7\ FINRA Gateway became the platform for filing registration
forms starting in 2021 with a phase-in process for Forms U4, U5 and
BR.
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With the industry shift toward electronic delivery and based on
member firms' preferences, FINRA staff already sends 8210 requests to
member firms through FINRA Gateway. However, FINRA staff must also mail
the same 8210 request to comply with the current rule. This approach
creates administrative inefficiencies for both FINRA staff and member
firms.
Member firms interface with 8210 requests through the Requests and
Filings section of FINRA Gateway, which provides secure document
transmission with tracking features. Member firms can also submit
responses to requests via FINRA Gateway. In addition, counsel known to
be representing a member firm or associated person in a particular
matter can access 8210 requests through FINRA Gateway.\8\ Outside
counsel receive an email notifying them that there is correspondence in
FINRA Gateway.
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\8\ FINRA Rule 8210(d) already provides flexibility for
electronic delivery, including email or FINRA Gateway, to outside
counsel.
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The proposed rule change would therefore amend the first paragraph
of Rule 8210(d) by removing reference to the member firm's last known
business address for mailing purposes and replacing it with FINRA
Gateway. In the second paragraph, reference to the member also would be
removed. That paragraph outlines FINRA's responsibilities for
transmitting 8210 requests when there is actual knowledge that the
address in CRD is out of date or inaccurate.
The proposed rule change affects notification to member firms only
and does not change the delivery requirements for 8210 requests sent to
associated persons (including registered persons), which will continue
to be delivered via mail or personal service. The proposed rule change
also would not change the way member firms may respond to 8210
requests.
FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date of the proposed rule change will
be May 26, 2026.
2. Statutory Basis
FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\9\ which requires, among
other things, that FINRA rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change is also
consistent with Section 15A(b)(8) of the Act,\10\ which requires, among
other things, that FINRA rules provide a fair procedure for the
disciplining of members and persons associated with members.
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\9\ 15 U.S.C. 78o-3(b)(6).
\10\ 15 U.S.C. 78o-3(b)(8).
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FINRA believes that the proposed rule change protects investors and
the public interest by modernizing its rules to specify that FINRA will
deliver electronically its requests for information and testimony to
member firms through FINRA Gateway. Rule 8210 requests are a critical
tool for collecting timely information that can assist FINRA in
detecting, deterring, and addressing activities that may harm investors
or undermine market integrity. The proposed rule change promotes
efficiency by using modern technology, FINRA Gateway, to securely and
expeditiously transmit 8210 requests to member firms. FINRA's ability
to efficiently send 8210 requests, and to collect accurate and complete
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information, not only protects investors but also supports fair and
timely resolution of examinations and investigations for its members.
B. Self-Regulatory Organization's Statement on Burden on Competition
FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
As mentioned above, FINRA staff already sends 8210 requests to
member firms through FINRA Gateway, in addition to sending the same
8210 request via physical mail to comply with the current rule. The
proposed rule change would allow FINRA to use only electronic means.
FINRA believes that the proposed rule change would create
administrative efficiencies for both FINRA staff and member firms.
Member firms that receive physical mail in FINRA correspondence incur
administrative costs to open and manage the material, which may include
converting to electronic format, even if they also receive electronic
correspondence.\11\
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\11\ The proposed amendments to Rule 8210(d) are consistent with
FINRA's amendments to the Rule 9000 Series (effective October 2025),
which require use of the Office of Hearing Officers (OHO) Docket
Portal instead of email as the primary method of filing and service
of most papers in OHO proceedings. See Regulatory Notice 25-10
(Sept. 17, 2025).
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The proposed rule change would eliminate these activities and the
associated costs. This streamlining may also result in faster and more
reliable communication of regulatory requests and responses. Member
firms' familiarity with the functionality of FINRA Gateway should
minimize one-time implementation challenges and costs. Member firms may
need to update internal procedures, and those that prefer internal
paper-based processes would need to print the 8210 requests on an
ongoing basis. Where an 8210 request is sent to outside counsel of a
member firm who does not currently have access to FINRA Gateway, there
would be a minimal cost of time associated with setting up access.
FINRA believes that there would be no material competitive impacts
on member firms. Because FINRA Gateway access is universal among member
firms regardless of size or business model, all member firms are
similarly positioned to receive electronic delivery of 8210 requests.
The proposed amendment does not differentiate by firm size or business
model, ensuring consistent application across FINRA's membership.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 17 CFR 240.19b-4(f)(6).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
<bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#94e6e1f8f1b9f7fbf9f9f1fae0e7d4e7f1f7baf3fbe2"><span class="__cf_email__" data-cfemail="7200071e175f111d1f1f171c0601320117115c151d04">[email protected]</span></a>. Please include
file number SR-FINRA-2026-008 on the subject line.
Paper Comments
<bullet> Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to file number SR-FINRA-2026-008. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). Copies of the filing will be available for inspection and
copying at the principal office of FINRA. Do not include personal
identifiable information in submissions; you should submit only
information that you wish to make available publicly. We may redact in
part or withhold entirely from publication submitted material that is
obscene or subject to copyright protection. All submissions should
refer to file number SR-FINRA-2026-008 and should be submitted on or
before May 21, 2026.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2026-08369 Filed 4-29-26; 8:45 am]
BILLING CODE 8011-01-P
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