On October 26, 2026, FINRA published Regulatory Notice 26-20, adopting Rule 3290 (Outside Activities Requirements) with an effective date of October 25, 2027. That is the date Rules 3270 and 3280 go away, and the date the 1990s-era guidance in Notices to Members 94-44 and 96-33 — which pulled outside investment advisory work into private-securities-transaction supervision — is superseded. Until then, your current OBA and PST obligations apply exactly as written.

We covered what the rule changes in our earlier article. This one is about what to do with a twelve-month runway, because the most natural first move — a shorter rule means a shorter questionnaire — is also the riskiest one.

The tempting mistake: shrinking the form to match the rule

Rule 3290 narrows what has to be reported under FINRA's outside-activity framework to investment-related activity. Bartending, refereeing, or driving for a car service no longer triggers a rule-based notice. It is easy to conclude that every question about non-investment activity can now come out of your disclosure forms.

That conclusion treats one regulatory purpose as the only one. Information about what your people do outside the firm rarely serves a single master. It typically also feeds Form U4 reporting, state investment adviser representative requirements, conflicts management, licensing, and the broader supervisory picture your examiners expect you to have. FINRA says so directly: Regulatory Notice 26-20 states that Rule 3290 does not alter existing Form U4 disclosure obligations, and that Question 13 ("Other Business") continues to require disclosure about outside activities. A form that collects only what Rule 3290 requires can leave you short on what the rest of your program still depends on.

Map every question to the obligation it supports

The better exercise runs in the opposite direction. Take each field on your current OBA and PST disclosure forms and record why you collect it and which requirement or risk it supports. Then sort every question into one of three buckets:

Write the decision down. The point of the exercise is not only a leaner form; it is a record showing that each deletion was deliberate and tied to a purpose, which is exactly what an examiner will want to see if a gap ever surfaces. It also helps you avoid the fragmented pattern where the broker-dealer, the advisory affiliate, and the licensing team each ask the same person overlapping questions.

Where the rule stops and your duty doesn't

Regulatory Notice 26-20 is explicit that a narrower rule does not shrink the surrounding obligations:

How Compliers Can Help

We help firms inventory their disclosure forms, tie each question to the obligation behind it, and rebuild approval and monitoring workflows before a rule change lands — so the transition is documented, not improvised. Learn more about our Code of Ethics & Oversight engagement.

Dual registrants and hybrid representatives need a second look

Activity at an unaffiliated SEC- or state-registered investment adviser moves from being a private securities transaction to being an outside activity. The broker-dealer must still receive notice and perform its assessment, but Rule 3290 no longer requires it to supervise or keep records of the advisory activity itself.

That is a real simplification for the broker-dealer, and a quiet risk for everyone else. The advisory firm retains its own fiduciary, compliance, and supervisory obligations, and none of them were reduced by FINRA's rulemaking. Investment advisers that work with hybrid representatives should confirm their own oversight did not quietly depend on broker-dealer supervision that is about to narrow. Broker-dealers, for their part, keep full discretion to impose conditions on this activity, including supervision, if their risk assessment calls for it — and should document whichever choice they make.

A twelve-month runway, sketched out

Now through Q1 2027
Inventory and map. List every OBA/PST question, attestation, and workflow; identify the purpose behind each; flag people with multiple roles (IAR, insurance, banking, real estate, private funds).
Q2 2027
Decide and document. Choose whether to adopt Rule 3290's minimum scope or retain broader internal reporting, how to handle unaffiliated adviser activity, and how conditions will be tracked and supervised.
Q3 2027
Build and train. Update forms (including the new customer-involvement assessment factor and material-change updates), written supervisory procedures, system routing, and supervisor training; test the audit trail end to end.
October 25, 2027
Cutover. Rule 3290 takes effect. Keep Rules 3270 and 3280 processes running right up to this date.
Sourced from FINRA Regulatory Notice 26-20, "Outside Activities," published October 26, 2026 (effective date October 25, 2027), and SEC Release No. 34-106381 (File No. SR-FINRA-2026-001), issued September 15, 2026. The twelve-month timeline above is Compliers' suggested planning sequence, not a FINRA requirement. This article is provided for general informational purposes and is not legal advice.