NASAA Series 66 Uniform Combined State Law ExaminationLaws, Regulations, and Guidelines, including Prohibition on Unethical Business PracticesMedium

A broker-dealer firm is developing a new social media policy for its agents. The policy states that agents may post general market commentary and firm-approved promotional material on their personal social media accounts, but they are prohibited from discussing specific securities or making recommendations. All posts must be reviewed and approved by a principal before being published. Under the Uniform Securities Act (USA), what is the primary regulatory concern addressed by this policy?

  1. APreventing insider trading by agents.
  2. BAvoiding conflicts of interest in agents' personal investments.
  3. CLimiting the firm's liability for agents' personal opinions.
  4. DEnsuring compliance with advertising and communication rules.
Show answer & explanation

Correct answer: D. Ensuring compliance with advertising and communication rules.

The policy's focus on what agents can post (general market commentary, firm-approved material), what they cannot (specific securities, recommendations), and the requirement for principal review directly addresses the regulatory concerns around advertising, sales literature, and client communications. Broker-dealers are responsible for supervising all communications to ensure they are fair, balanced, and not misleading, especially in the public forum of social media.

Why the other options are wrong

  • A. While insider trading is a concern, this policy primarily targets public communications, not confidential information misuse.
  • B. This policy doesn't directly address personal investment conflicts; it focuses on public communication content.
  • C. While limiting liability is a practical outcome, the *primary regulatory concern* is ensuring compliance with rules regarding client communications and preventing misleading statements, which directly impacts investor protection.

BD Social Media Supervision

Broker-dealers must supervise all communications by their agents, including social media, to ensure compliance with advertising rules, suitability, and the prohibition against misleading statements.

  • All communications must be supervised.
  • Content must be fair, balanced, and not misleading.
  • Specific rules apply to recommendations and testimonials.

Memory trick: Post with Care, Principal's There.

More Laws, Regulations, and Guidelines, including Prohibition on Unethical Business Practices questions