A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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Legal Definitions - Self regulatory organization

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Definition of Self regulatory organization

A Self-Regulatory Organization (SRO) is a non-governmental entity that has been authorized to create and enforce rules and standards of conduct for its own members within a specific industry. These organizations operate under the oversight of a government agency, which typically establishes the broad legal framework and ensures the SRO effectively carries out its regulatory responsibilities. The primary purpose of an SRO is to maintain ethical practices, ensure fair competition, protect consumers or investors, and prevent misconduct within its industry, often by setting professional qualifications, establishing codes of conduct, and implementing disciplinary procedures for members who violate these rules or applicable laws.

  • Example 1: A State Bar Association

    Scenario: In many U.S. states, the State Bar Association acts as a Self-Regulatory Organization for lawyers. It sets the ethical rules that all licensed attorneys must follow, establishes continuing education requirements, and investigates complaints against lawyers regarding their professional conduct.

    Explanation: The State Bar is not a government agency, but it is empowered by the state's highest court (a governmental authority) to regulate the legal profession. It creates its own rules of professional conduct, enforces them through disciplinary actions (such as suspension or disbarment), and ensures its members uphold the integrity of the legal system. This demonstrates self-regulation under governmental oversight.

  • Example 2: The Certified Financial Planner Board of Standards (CFP Board)

    Scenario: The CFP Board is an organization that certifies individuals as Certified Financial Planners. It establishes rigorous education, examination, experience, and ethical requirements for its certificants. If a CFP professional violates the Board's Standards of Professional Conduct, the CFP Board has the authority to investigate and impose sanctions, including revoking their certification.

    Explanation: The CFP Board acts as an SRO for its certificants by setting and enforcing professional and ethical standards for financial planning. It ensures that individuals using the CFP mark adhere to a high level of conduct, thereby protecting consumers seeking financial advice. Its authority comes from the recognition and trust placed in its certification, which is a form of delegated self-governance within the financial planning profession.

Simple Definition

A Self Regulatory Organization (SRO) is a non-governmental entity, such as a securities exchange or association, that creates and enforces rules for its own members within a specific industry. These organizations establish standards to prevent fraud, promote fair trading, and discipline members who violate rules or federal securities laws. While SROs manage day-to-day regulation and enforcement, they operate under the watchful eye and ultimate approval of the Securities and Exchange Commission (SEC).

Behind every great lawyer is an even greater paralegal who knows where everything is.

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