3.5 Account Registration
When opening a brokerage account, firms must collect and maintain specific customer information. FINRA Rule 4512 governs these requirements.
FINRA Rule 4512: Customer Account Information
FINRA Rule 4512 requires broker-dealers to obtain and maintain "essential facts" about each customer account.
Required Information for All Accounts
Customer name: Required
Residence address: Required (P.O. Box not sufficient alone)
Date of birth: Required
Legal age verification: Required
Tax ID / SSN: Required
Occupation: Required
Employer name and address: If employed
Associated person(s) responsible: Required
Additional Information for Margin Accounts
Beyond basic requirements, margin accounts require:
Net worth
Annual income
Investment experience
Investment objectives
Signed margin agreement
Trusted Contact Person (TCP)
FINRA Rule 4512 requires firms to make reasonable efforts to obtain a Trusted Contact Person for non-institutional accounts.
TCP Requirements
Who: Person 18 or older
Relationship: Someone customer trusts
Purpose: Contact for concerns about customer
Required: Reasonable effort to obtain
When Firms May Contact TCP
Address possible financial exploitation
Confirm customer contact information
Confirm health status
Identify legal guardian or power of attorney
Important: The TCP is NOT authorized to transact in the account. They are only a contact resource.
Purpose of TCP Rule
The TCP provision helps protect investors, especially seniors, from:
Financial exploitation
Diminished capacity issues
Unauthorized account access
Know Your Customer (KYC)
The Know Your Customer rule requires firms to:
1. Use reasonable diligence to know the customer
2. Understand essential facts about the customer
3. Know the customer's financial situation and needs
Essential Facts Include:
Identity: Name, address, DOB, SSN
Financial: Income, net worth, liquid assets
Investment: Experience, objectives, risk tolerance
Employment: Employer, occupation
Customer Identification Program (CIP)
Under the USA PATRIOT Act, firms must verify customer identity:
CIP Requirements
Documents Accepted: Documents (such as an unexpired government-issued photo ID) and/or non-documentary methods
Information Verified: Name, DOB, address, SSN
Timing: Collect information before opening; verify within a reasonable time before or after opening
Purpose: Prevent money laundering/terrorism
Acceptable ID Documents
Driver's license
Passport
State-issued ID
Military ID
Account Documentation
New Account Form
Contains all required customer information:
Personal information (name, address, DOB)
Employment information
Financial information
Investment profile
Signatures
Customer Agreement
Outlines terms and conditions including:
Rights and responsibilities
Fee schedules
Arbitration agreement
Margin disclosure (if applicable)
Required Signatures
New account form: Principal and customer
Margin agreement: Customer
Options agreement: Customer
Discretionary authorization: Customer
Account Approval Process
Steps to Open an Account
1. Application - Customer completes new account form
2. Verification - Firm verifies identity (CIP)
3. Review - Associated person reviews for completeness
4. Approval - Principal (supervisor) approves
5. Documentation - Customer receives copies
Principal Approval
A registered principal must approve:
New account openings
All trades in the account (typically)
Changes to account information
Record Retention Requirements
FINRA and SEC rules specify retention periods:
Account records: 6 years
Customer information updates: 6 years after update
Original/final account info: 6 years after account closes
Trade confirmations: 3 years
Communications: 3 years
Note: "Maintain" = current/in-use records. "Preserve" = no longer current records.
Account Updates
When Updates Are Required
Customer notifies firm of changes
Annual review/verification
Before making recommendations
When circumstances indicate changes
Information That May Change
Address
Employment status
Income/net worth
Investment objectives
Risk tolerance
Institutional vs. Non-Institutional Accounts
Different requirements apply based on account type:
Institutional Account (per FINRA)
Includes accounts of:
Banks and insurance companies
Registered investment companies
Registered investment advisers
Entities with $50+ million in assets
Different Treatment
TCP: Institutional - not required; non-institutional - required effort
Suitability: Institutional - different standards; non-institutional - full analysis
Disclosure: Institutional - may be modified; non-institutional - full required
Account Transfer (ACATS)
The Automated Customer Account Transfer Service (ACATS) enables account transfers between broker-dealers:
Day 1: Receiving firm initiates transfer
Day 3: Carrying firm validates/rejects
Day 6: Transfer completed
Key Takeaways
FINRA Rule 4512 requires essential customer information
Trusted Contact Person protects vulnerable investors
CIP verifies identity under USA PATRIOT Act
Principal approval required for new accounts
Records must be maintained for 6 years
Updates required when circumstances change