Law / United States

Regulation Best Interest, standard of conduct for broker-dealers

17 CFR 240.15l-1

In force since .

An AI sector rules rule binding private bodies.

Enforcement body
Securities and Exchange Commission
Instrument type
a regulation made under an act
Obligation class
Disclosure, Governance
Audit expectation
none

As of .

What it requires

  • It reaches you if you are a broker, a dealer, or a natural person who is an associated person of a broker or dealer and you make a recommendation of any securities transaction or investment strategy involving securities (including account recommendations) to a retail customer, meaning a natural person (or that person's legal representative) who uses the recommendation primarily for personal, family, or household purposes: act in the best interest of the retail customer at the time the recommendation is made, without placing your financial or other interest ahead of the interest of the retail customer (Rule 15l-1(a)(1)).
  • Provide the retail customer, prior to or at the time of the recommendation, in writing, full and fair disclosure of all material facts relating to the scope and terms of the relationship (that you act as a broker, dealer, or associated person with respect to the recommendation, the material fees and costs that apply, and the type and scope of services, including any material limitations on what may be recommended) and of all material facts relating to conflicts of interest associated with the recommendation (Rule 15l-1(a)(2)(i)).
  • In making the recommendation, exercise reasonable diligence, care, and skill to understand the potential risks, rewards, and costs associated with it and have a reasonable basis to believe that it could be in the best interest of at least some retail customers (Rule 15l-1(a)(2)(ii)(A)).
  • Have a reasonable basis to believe that the recommendation is in the best interest of the particular retail customer based on that customer's investment profile and the potential risks, rewards, and costs associated with the recommendation, and that it does not place your financial or other interest ahead of the customer's interest (Rule 15l-1(a)(2)(ii)(B)).
  • Have a reasonable basis to believe that a series of recommended transactions, even if in the retail customer's best interest when viewed in isolation, is not excessive and is in the retail customer's best interest when taken together in light of the customer's investment profile (Rule 15l-1(a)(2)(ii)(C)).
  • If you are a broker or dealer, establish, maintain, and enforce written policies and procedures reasonably designed to identify and at a minimum disclose, or eliminate, all conflicts of interest associated with recommendations, and to identify and mitigate those that create an incentive for an associated person to place the interest of the broker, dealer, or associated person ahead of the interest of the retail customer (Rule 15l-1(a)(2)(iii)(A) and (B)).
  • Identify and disclose any material limitations placed on the securities or investment strategies that may be recommended to a retail customer and any conflicts of interest associated with those limitations, and prevent them from causing recommendations that place the interest of the broker, dealer, or associated person ahead of the retail customer's interest (Rule 15l-1(a)(2)(iii)(C)).
  • Identify and eliminate any sales contests, sales quotas, bonuses, and non-cash compensation that are based on the sales of specific securities or specific types of securities within a limited period of time (Rule 15l-1(a)(2)(iii)(D)).
  • Establish, maintain, and enforce, in addition to those policies and procedures, written policies and procedures reasonably designed to achieve compliance with Regulation Best Interest (Rule 15l-1(a)(2)(iv)).

What this law does

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Regulation Best Interest requires a broker, dealer, or natural person who is an associated person of a broker or dealer, when making a recommendation of any securities transaction or investment strategy involving securities (including account recommendations) to a retail customer, to act in the best interest of the retail customer at the time the recommendation is made, without placing the financial or other interest of the broker, dealer, or associated person ahead of the interest of the retail customer.

A retail customer is a natural person, or the legal representative of a natural person, who receives a recommendation of any securities transaction or investment strategy involving securities from a broker, dealer, or associated person and uses the recommendation primarily for personal, family, or household purposes.

The disclosure obligation requires the broker, dealer or associated person, prior to or at the time of the recommendation, to provide the retail customer in writing full and fair disclosure of all material facts relating to the scope and terms of the relationship and of all material facts relating to conflicts of interest associated with the recommendation.

The care obligation requires the exercise of reasonable diligence, care, and skill to understand the potential risks, rewards, and costs of the recommendation, to have a reasonable basis to believe that it is in the best interest of the particular retail customer based on that customer's investment profile, and to have a reasonable basis to believe that a series of recommended transactions is not excessive.

The conflict of interest obligation requires a broker or dealer to establish, maintain, and enforce written policies and procedures reasonably designed to identify and disclose or eliminate conflicts of interest associated with recommendations, to mitigate those that create an incentive for an associated person to place the interest of the broker, dealer, or associated person ahead of the interest of the retail customer, and to eliminate sales contests, sales quotas, bonuses, and non-cash compensation based on sales of specific securities within a limited period of time.

The compliance obligation requires a broker or dealer to establish, maintain, and enforce written policies and procedures reasonably designed to achieve compliance with Regulation Best Interest. Regulation Best Interest is effective . The Commission provided a compliance date of . The Commission may bring an action in the proper district court of the United States to enjoin acts or practices that violate the Exchange Act or any rule or regulation under it.

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