FINRA has identified that firm culture is in its cross-hairs. But what is firm culture?
Trying to figure out what’s meant by firm culture reminds of my law school days studying First Amendment law and, in particular, cases addressing pornography. A former Supreme Court Justice, Potter Stewart, seemed to get it right when he said something along the line of, I don’t know what pornography is, but I know it when I see it.
I think that the same can be said about firm culture. No one really knows what it is, but FINRA is sure to determine when there is a failure of firm culture when FINRA sees it. So what should you think about when it comes to firm culture?
I think that the easiest way to think about firm culture is what does the leadership from the top down look like. How does the firm’s upper management approach issues involving compliance with the law and regulations, as well as the firm’s own written policies and procedures?
If the firm leadership does not take these issues seriously, then that same leadership cannot expect its registered representatives and staff to take those things seriously as well. In other words, the do as I say not as I do philosophy is a failed philosophy.
FINRA has identified firm culture as an exam priority and has recently reemphasized that point in its planned targeted examinations. It is now the put up or shut up moment. Is your firm’s leadership making compliance and supervision issues a top priority? If no, you should expect FINRA finding a problem with your firm’s culture. FINRA is sure to know it when it sees it.