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SEC approves FINRA’s consolidated investment-related outside-activities rule

Rule 3290 will replace Rules 3270 and 3280, focusing the framework on investment-related work and outside securities transactions. FINRA still has to announce its effective date, while firms can prepare the new notice and supervision processes.

The SEC has approved FINRA’s replacement for the long-standing split between outside business activities and private securities transactions. New Rule 3290 is designed to focus member-firm controls on outside activity that is investment-related, rather than require the same regulatory treatment for every paid role or personal venture.[1][2]

The SEC approved the rule on 15 September 2026. FINRA continues to list it among approved rules awaiting an effective date, to be announced in a Regulatory Notice. Existing requirements therefore remain the operating framework during preparation.[1][4]

One rule replaces two overlapping frameworks

Before & after01

Existing structure and approved replacement

Existing structure and approved replacement
AreaExisting frameworkRule 3290 approach
Outside business activityRule 3270 addresses compensated or potentially compensated outside business.Focuses on investment-related outside activity and the risks it creates.Source 3Source 1
Private securities transactionsRule 3280 separately addresses securities transactions outside the regular scope of employment.Integrates outside securities transactions into the consolidated assessment and supervision framework.Source 3Source 1
Firm responseDifferent notice and approval structures can overlap.Notice, risk assessment, approval or limitation, supervision and records are calibrated to the activity.Source 1
Firm discretionRules set a minimum regulatory framework.A member can maintain stricter policies or prohibit activities that exceed its risk tolerance.Source 1
Key numbers02

Activities within the approved investment-related definition

Activities within the approved investment-related definition
MeasureValueContext
Financial productsSecurities, crypto assets, commodities and derivativesThe scope is broader than traditional securities alone.Source 1
Markets and financeCurrency, banking and real estateA role can be investment-related even when it is not a conventional brokerage transaction.Source 1
InsuranceInvestment-related insurance activityThe firm considers the activity’s relationship to the associated person’s role and customer risk.Source 1
Excluded personal activityCertain personal real estate and non-securities transactionsThe approved rule narrows the federal SRO obligation rather than treating all personal activity identically.Source 1

Notice and approval depend on the activity and selling compensation

Process03

Who must notify the firm and how it responds

Who must notify the firm and how it responds
ActivityPerson’s obligationFirm response
Outside investment-related activity without a securities transactionRegistered person: prior written noticeAssess customer involvement, conflicts and apparent firm endorsement; consider conditions or prohibition.Source 5
Outside securities transaction without selling compensationAssociated person: prior written noticePrompt written acknowledgment, with conditions or limits at the firm’s discretion.Source 5
Outside securities transaction for selling compensationAssociated person: prior written notice and approvalIf approved, record each transaction and supervise participation as if conducted for the firm.Source 5

Selling compensation and customer confusion explain the heavier supervision requirement. A customer may associate an outside investment with the broker-dealer because of the person offering it or the way it is presented. The firm’s assessment therefore needs to connect its approval conditions to oversight it can actually perform.[1]

The approved text excludes activity for the member or an affiliate, immediate-family securities transactions without selling compensation, specified Rule 3210 transactions and personal non-securities investments. It also excludes a main home and up to two secondary homes subject to the stated ownership conditions. These are defined exclusions from Rule 3290; a firm can still impose stricter internal policies.[5][1]

Transition work connects old approvals to the new categories

Firms can map existing disclosures to the investment-related definition and distinguish activities requiring notice from transactions requiring prior approval and full supervision. The implementation plan also needs to carry forward approvals, pending reviews and compliance records under the old framework. FINRA’s Regulatory Notice will set the date and transition arrangements for that change.[1][2][4]

Follow the evidence

Sources & further reading

  1. Order approving FINRA Rule 3290 (Outside Activities Requirements) US Securities and Exchange Commission · 15 Sep 2026 · Accessed 16 Oct 2026
  2. FINRA Rule 3290 rulemaking file US Securities and Exchange Commission · 15 Sep 2026 · Accessed 16 Oct 2026
  3. Original notice of filing for FINRA Rule 3290 US Securities and Exchange Commission · 29 Jan 2026 · Accessed 16 Oct 2026

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