The new rule places a host of new regulatory responsibilities on broker-dealers, in the area of reporting customer complaints, regulatory investigations and proceedings, and will requre firms to report the occurance of 10 specified events relating to the firm or its registered representatives, with quarterly summaries to the NASD.
The Rule, which is designed to assist the NASD in its oversight responsibility of member firms and registered representatives is similiar to New York Stock Exchange Rule 351, and is effective October 1, 1995.
Please keep in mind that these requirements are
The text of the rule follows. However, for summary purposes, the 10 events are:
(1) has been found to have violated any provision of any securities law or regulation, anv rule or standards of conduct of anv governmental agencv, self-reulatory organization. or financial business or professional organ1zatlon, or engaged in conduct which is inconsistent with just and equitable principles of trade; and the member knows or should have known that anv of the aforementioned events have occurred;
(2) is the subiect of any written customer complaint involving allegations of theft or misappropriation of funds or securities or of forgery;
(3) is named as a defendant or respondent in any proceeding brouht by a regulatory or self-regulatory body alleing the violation of any provision of the Securities Exchange Act of 1934, or of anv other federal or state securities, insurance, or commodities statute, or of any rule or regulation thereunder, or of any provision of the By-laws. rules or similar governing instruments of any securities, insurance or commodities regulatory or self-regulatory organization;
(4) is denied registration or is expelled, enjoined, directed to cease and desist, suspended or otherwise disciplined bv anv securities, insurance or commodities industry regulatory or self-regulatory organization or is denied membership or continued membership in any such self-regulatory organization; or is barred from becoming associated with any member of any such self-regulatory organization;
(5) is indicted, or convicted of, or pleads guilty to, or pleads no contest to, any criminal offense (other than traffic violations);
(6) is a director, controlling stockholder, partner, officer or sole proprietor of, or an associated person with, a broker, dealer, investment company, investment advisor, underwriter or insurance company which was suspended, expelled or had its registration denied or revoked by any agency, jurisdiction or organization or is associated in such a capacity with a bank, trust company or other financial institution which was convicted of or pleaded no contest to, anv felonv or misdemeanor;
(7) is a defendant or respondent in any securities or commodities-related civil litigation or arbitration which has been disposed of by judgement, award or settlement for an amount exceeding $15.000. However when the member is the defendant or respondent then the reporting to the Association shall be required only when such judement, award of settlement is for an amount exceeding $25,000;
(8) is the subject of any claim for damages by a customer, broker, or dealer which is settled for an amount exceeding $15,000. However, when the claim for damages is against a member, then the reporting to the Association shall be required only when such claim is settled for an amount exceeding $25.000;
(9) is associated in any business or financial activity with any person who is subject to a "statutory disqualification" as that term is defined in the Securities Exchange Act of 1934, and the member knows or should have known of the association. The report shall include the name of the person subject to the statutory disqualification and details concerning the disqualification;
(10) is the subiect of anv disciplinary action taken by the member against any person associated with the member involving suspension, termination, the withholding of commissions or imposition of fines in excess of $2,500, or otherwise disciplined in any manner which would have significant limitation on the individual's activities on a temporary or permanent basis.
(b) Each Person associated with a member shall promptly report to the member the existence of any of the conditions set forth in Pararaph (a) of this rule. Each member shall report to the Association not later than 10 business days after the member knows or should have known of the existence of any of the conditions set forth in pararaph (a) of the rule.
(c) Each member shall report to the Association statistical and summary information regarding customer complaints in such detail as the Association shall specify by the 15th day of the month following the calendar quarter in which customer complaints are received by the member. For the purposes of this pararaph, "customer" includes any person other than a broker or dealer with whom the member has engaged, or has sought to enage, in securities activities, and "complaint" includes any written grievance by a customer involving the member or person associated with a member.
(d) Nothing contained in pararaph (a), (b) and (c) of this Section shall eliminate, reduce, or otherwise abrogate the responsibilities of a member or person associated with a member to promptly file with full disclosure, required amendments to Form BD, Forms U-4 and U-5, or other required filings, and to respond to the Association with respect to any customer complaint, examination, or inquiry.
(e) Any member subject to substantially similar reporting requirements of another self-regulatory organization of which it is a member is exempt from the provisions of this Section.
End of New Rule.
For further information call Mark J. Astarita at 212-269-1400 or by email.