FINRA announced this week it is requesting comment on proposed express procedures that would permit registered representatives who are the "subject of" allegations of sales practice violations made in arbitration claims (but are not named as actual parties to the arbitration) to seek expungement. So-called "subject of" allegations are reported to FINRA's Central Registration Depository ("CRD") system on Forms U4 and U5 in the same way that customer complaint is reported. Under FINRA's current code, these "unnamed persons" have three arduous options to have this information expunged from their CRD records:
- asking their current or former firm that is a party to the arbitration to request expungement on their behalf;
- seeking to intervene in the arbitration filed by the customer; or
- initiating a new arbitration case in which the unnamed person requests expungement relief and names the customer or firm as the respondent.
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