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FINRA Rule 3220

Also called the Gifts Rule, FINRA Rule 3220 prohibits member firm and associated persons from giving gifts or gratuities valued over $300 per recipient per year in relation to the business of the recipient's employer.

Rule Overview

Jurisdiction: United States

Regulator: FINRA

Topic: Conflict of Interest, Recordkeeping

FINRA Rule 3220
Overview
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Further Reading

Key Requirements

  • Firms and associated persons may not give gifts or gratuities worth more than $300 per recipient per year if the gifts relate to the recipient’s employer’s business.
  • Gifts must be tracked and aggregated across the firm and its associated persons.
  • Gifts must be valued at cost (or the higher of cost or face value for event tickets).
  • Firms must maintain records of gifts and related compensation arrangements.

Exceptions

The $300 limit generally does not apply to:

  • Bona fide employment or service arrangements supported by a written agreement and the recipient’s employer’s written consent.
  • Personal gifts for infrequent life events (such as weddings or the birth of a child).
  • Bereavement gifts.
  • Nominal-value promotional items or de minimis gifts (such as pens, notepads, or branded merchandise).
  • Decorative commemorative items marking a business transaction.
  • Disaster-relief donations.
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