FINRA CE 2025: Communicating Compliantly

Understanding FINRA Continuing Education Requirements

FINRA’s Continuing Education (CE) requirements are designed to ensure that a registered individual remains knowledgeable about industry regulations, best practices, and evolving market trends. The CE program consists of two key components: the Regulatory Element, which focuses on compliance, ethics, and regulatory changes, and the Firm Element, which is tailored by each firm to address specific risks and business activities.

Among the essential topics for registration covered in CE programs are ethical considerations, sales practices, and regulatory updates. Additionally, FINRA emphasizes communicating with the public, ensuring that registered representatives adhere to fair and transparent communication standards when engaging with clients and investors.

New FINRA CE Module: Communicating Compliantly

FINRA has introduced a new Communicating Compliantly module as part of its 2025 Regulatory Continuing Education (CE) Program. While much of the content aligns with existing compliance expectations, certain aspects warrant closer attention. Below, we highlight some of the key takeaways and considerations for firms adapting to these guidelines.

Personal Devices and Logistical Messages

One of the most notable elements in the module is the guidance on logistical messages sent from personal devices. The module underscores the importance of firm policies governing personal device usage and provides a sample policy that allows only logistical messages.

For example:

• Permitted: “I’m stuck in traffic, be there in 10 minutes.”
• Non-compliant: “Running late, make sure you cover the earnings changes.”

The distinction is clear—any content that touches on business matters crosses the compliance line. This has been a critical issue for many firms, especially those that have settled with regulators for recordkeeping violations. Some are now working to draft their own policies to clarify permissible logistical messaging.

Capturing Business Messages on Personal Devices

The FINRA sample policy outlines stringent procedures for handling business-related messages received on personal devices. If a representative receives an unauthorized business message, they must:

• Take a screenshot of the incoming message.
• Email the screenshot to their firm email account, along with a completed firm form capturing metadata (date and time of the original message).
• Call the customer to remind them not to send business-related messages via personal devices.
• Notify Compliance and their supervisor.

This approach attempts to balance regulatory requirements with practical considerations, ensuring firms can demonstrate a compliance framework while preventing off-channel communications.

Restrictions on Video Conferencing Messaging Features

The module also addresses the compliance challenges associated with video conferencing applications. FINRA’s sample policy includes an approved video conferencing platform—referred to as “BOOM”—but explicitly prohibits the use of its messaging feature. Several training scenarios in the module emphasize the difference between video conferencing and real-time messaging, reinforcing the importance of disabling non-compliant features within approved platforms.

Supervisory Considerations

There is also a CE module called Ensuring Your Team Communicates Compliantly. The module includes a supervisory version with guidance on oversight responsibilities, particularly in determining what constitutes a business communication. Key aspects include:

Business Communication is Content-Driven, Not Device-Dependent

The module references FINRA Notice to Members (NTM) 11-39, which reiterates that business communication is determined by its content, not by the device or platform used. While logistical messages on personal devices are addressed, the NTM does not explicitly clarify this aspect, leaving firms to establish their own interpretations.

Underutilization of Approved Devices as a Red Flag

Another critical supervisory insight is that underutilization of approved devices could indicate potential compliance risks.

Example scenario: A supervisor notices that a particular team member never uses their approved business texting device. This could be a red flag warranting further investigation.

Firms are struggling with how to establish meaningful usage baselines, especially across large organizations with thousands of employees. Compliance teams must navigate the complexities of monitoring communications without overburdening resources or creating unnecessary data collection burdens.

Key Takeaways for Firms

• Review and refine firm policies regarding personal device use, ensuring they align with FINRA’s updated guidance.
• Train employees on distinguishing permissible logistical messages from business communications.
• Implement clear procedures for capturing and reporting business-related messages received on personal devices.
• Assess and configure video conferencing platforms to disable non-compliant features like real-time messaging.
• Enhance supervisory oversight by identifying and addressing red flags such as underutilization of approved communication channels.

Additional Resources

Registered Representative Compliance – Must Know Essentials

Registered Reps: Navigating Compliance with Integrity

Strategies for RIA Compliance: A Roadmap for Registered Investment Advisers

Partner with Experts to Navigate Regulatory Updates

As regulatory expectations continue to evolve, firms must stay ahead by implementing robust policies, enhancing training programs, and leveraging technology to ensure compliance. If your firm needs guidance in navigating these changes, Oyster Consulting’s regulatory compliance consultants have the experience you need to review your firm’s policies, procedures and controls testing around Communications with the Public and CE requirements.