Associate General Counsel, Broker-Dealer/Investment Advisor Group

This position is primarily responsible for working with the Vice President, Broker-Dealer / Investment Adviser Group, to develop and direct OGC’s program with respect to regulatory matters requiring specialized expertise in the regulation of broker-dealer / investment advisers (BD / IAs), including rendering independent expert advice in this area.

The incumbent demonstrates expertise with respect to the Exchange Act and Investment Advisers Act, their rules, and related SEC interpretative guidance, as well as knowledge concerning state BD / IA regulation.

The incumbent also demonstrates expertise regarding the BD / IA industry and various business models therein.

The incumbent is responsible for providing high quality and timely legal and advisory support to FINRA’s business units, including Member Supervision and Enforcement, and serves as a point of escalation for legal policy issues involving BD / IA regulation.

The incumbent advises senior management and other internal and external stakeholders on legal policy issues involving novel and complex issues and coordinates with business units on legal policy statements.

The incumbent provides expert knowledge to the Board of Governors and senior management, advising them on high-impact, legally and politically complex, and sensitive regulatory matters and rule changes.

This position also is recognized by FINRA and the industry as a top / primary expert in BD / IA regulation as well as other areas, rendering independent expert advice in these areas.

The incumbent must have demonstrated ability to perform these functions with minimal or no supervision, as well as consistent demonstration of high-level independent judgment with the ability to take responsibility for the exercise of that judgment.

Essential Job Functions :

• Coordinate closely with FINRA business units and other regulators as appropriate in the development and communication of legal policy statements.
• Serve as a key source of legal expertise on BD / IA regulation within FINRA and provide independent expert advice on questions presented.
• Conduct legal analysis and necessary research with respect to regulation of cross-BD / IA activities.
• Provide expert-level legal counsel and assistance to projects and initiatives of Regulatory Operations and other departments and support them in achieving their goals, including supporting FINRA’s examination and enforcement programs to further reflect a holistic approach to member firms’ business operations.
• Keep abreast of and analyze SEC, industry, state, and other self-regulatory organization initiatives concerning BD / IA regulation and develop and maintain strong and cooperative working relationships with other regulators and stakeholders.
• Advise the Board of Governors and FINRA advisory committees on dual BD / IA regulation with respect to high-impact, legally and politically complex, and sensitive regulatory matters and rule changes under consideration by the Board.
• Brief and communicate complex and sensitive regulatory matters to senior FINRA executives. Must be able to provide such analysis under urgent deadlines.
• Prepare legal policy statements and Board materials that contain sophisticated analyses and discussions of competing policy or political considerations necessary for the informed judgment of the issues by senior management and the Board, as appropriate, including insights from investment adviser regulation.
• Partner in the drafting and review of new rule proposals; gather and incorporate views of industry participants, other regulators, and senior staff;

and partner in the preparation of Regulatory Notices and rule filings to the SEC.

• Prepare comments on regulatory proposals in the area from other regulators.
• Prepare rule guidance and other correspondence with member firms and their outside counsel.
• Working closely with the Office of the Chief Economist, develop economic impact assessments of rulemakings and conduct the retrospective review of rules on behalf of OGC, as assigned.
• Represent FINRA before industry and regulatory groups and organizations; serve as speaker at regulatory policy public conferences and meetings of FINRA committees on areas of subject matter expertise.

Other Responsibilities :

• Lead or participate in ad hoc special projects and initiatives as requested.
• Provide status reports of assigned matters or projects.
• Develop communications as needed for Chief Legal Officer and other senior management.
• Provide and implement suggestions to increase efficiency and effectiveness of procedures.
• Train and mentor other attorneys, regulatory analysts, legal assistants, and administrative assistants in OGC.

Education / Experience Requirements :

• Law degree from an accredited law school, admission to a bar, and a minimum of eight (8) years of directly related legal experience.
• Expert knowledge of laws, rules, and regulations governing the securities industry, with a focus on the Exchange Act, Investment Advisers Act, their rules, and related SEC interpretive guidance, as well as knowledge concerning state BD / IA regulation.

Knowledge of Investment Company Act and fund regulatory experience preferred but not required.

• Strong organizational skills. Excellent oral and written communication skills.
• Excellent judgment, analytical, and interpersonal skills.

Working Conditions :

• Normal office conditions.
• Occasional travel and extended hours may be required.

For work that is performed in CA, Washington, DC, CO, HI, New York, NY and WA, the chart below outlines the proposed salary range for the corresponding location.

In addition to location, actual compensation is based on various factors, including but not limited to, the candidate’s skill set, level of experience, education, and internal peer compensation comparisons .

California : Minimum Salary $171,900, Maximum Salary $351,200

Washington, DC : Minimum Salary $171,900 Maximum Salary $336,600

Colorado / Hawaii : Minimum Salary $149,600, Maximum Salary $292,600

New York, NY : Minimum Salary $179,600, Maximum Salary $351,200

Washington State : Minimum Salary $149,600, Maximum Salary $336,600

LI-Hybrid