All answers

Compliance

Is FINRA eliminating pre-approval of retail communications?

Short answer

Not as of October 19, 2026. FINRA has proposed it in Regulatory Notice 26-14, published July 9, 2026, which asks for comment on replacing principal pre-use approval with risk-based standards. It is a proposal, not a rule. Rule 2210 still says a registered principal "must approve each retail communication" before use, subject to listed exceptions.

As of October 19, 2026.

What Rule 2210 says today

FINRA Rule 2210 applies to FINRA member firms, which are broker-dealers. SEC-registered investment advisers answer to the SEC Marketing Rule instead. Paragraph (b)(1)(A) of Rule 2210 says "An appropriately qualified registered principal of the member must approve each retail communication" "before the earlier of its use or filing with FINRA's Advertising Regulation Department." Paragraph (b)(1)(D) then sets out exceptions: "The requirements of paragraph (b)(1)(A) shall not apply with regard to the following retail communications," provided the firm supervises and reviews them as it does correspondence. The list covers certain communications excepted from the definition of a research report, "any retail communication that is posted on an online interactive electronic forum," and "any retail communication that does not make any financial or investment recommendation or otherwise promote a product or service of the member." That is the text in FINRA's rulebook on October 19, 2026.

What Regulatory Notice 26-14 proposes

FINRA published Regulatory Notice 26-14, FINRA Requests Comment on Proposed Changes to Modernize Rule 2210 (Communications with the Public), on July 9, 2026. The notice describes today's rule as one that "requires an appropriately qualified registered principal to approve each retail communication" "prior to the earlier of its use or filing with the Department, subject to specified exceptions." It says the proposal "would replace the prescriptive principal pre-use approval requirement" "with more modernized, risk-based standards for supervising retail communications." Under the proposal, "members would be required to establish written procedures appropriate to their business, size and structure" "to determine what categories of retail communications require principal pre-use approval." The notice adds that members "would have flexibility in determining which communications require pre-use approval based on risk factors." As the notice describes it, the proposal moves the choice of which categories get pre-use approval into each firm's written procedures.

Where the proposal stands

The notice is a request for comment. It says "FINRA seeks comment on a proposal to modernize Rule 2210 (Communications with the Public)," and "Comments must be received by September 11, 2026." It gives no effective date. As of October 19, 2026, the notice's page on finra.org lists comment letters but shows no FINRA response, final rule or SEC filing for this proposal. A separate Rule 2210 filing, SR-FINRA-2026-004, appeared in SEC Release No. 34-104877 on February 20, 2026. It covers something else: it "would allow a member to project the performance or provide a targeted return" under specified conditions, and it leaves pre-use approval as it is. Until an amended rule takes effect, the current text of Rule 2210 is what FINRA's rulebook shows. Whichever review your firm runs, Cue Studio keeps the locked script, applies your firm's disclosure, records an advisor attestation and shows reviewers the exact rendered files.

This is general information, not legal advice.

Last reviewed
October 18, 2026

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