Newsletter

June 2006 - Index
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Regulatory Compliance in the news For Your Information

Spring Securities Conference NOTES
From the Accounting Department

Regulatory Compliance in the newsEditorial

Broker Dealer Compliance will be Regulatory Compliance as of July 1, 2006.

Regulatory Compliance in the newsUpcoming Events

NASD Branch Office Conference Series
NASD Face-to-Face with NASD
Securities Conferences
2005 - 2006 FOCUS Filing Due Dates

Regulatory Compliance in the news Investment Advisor News:

Books and Records Article

Source NTM

Type of Firm

Topic/Business Type

Summary Description

NTM 05-77

General Securities

Regulatory Compliance in the news Credit Default Swaps
Regulatory Compliance in the news Debt Securities
Regulatory Compliance in the news Options
Regulatory Compliance in the newsRule 6200 Series
Regulatory Compliance in the news TRACE Rules
Regulatory Compliance in the news Transaction Reporting

The NASD provided interpretive guidance on the obligation of members to report to the Trade Reporting and Compliance Engine (TRACE) transactions in TRACE-eligible securities, including the exercise or settlement of options Continued…

NTM 06-03

General Securities

Regulatory Compliance in the news Rule 2111
Regulatory Compliance in the news Manning Rule
Regulatory Compliance in the news Market Orders

In this notice the NASD provides guidance on Rule 2111 which prohibits members from trading ahead of customer market orders under certain circumstances. Continued…

NTM 06-04

 

Regulatory Compliance in the news Rule 3012
Regulatory Compliance in the news Supervisory Control Systems

NASD Rule 3012 requires members to have in place a system to test and verify that their supervisory procedures are reasonably designed with respect to the activities of that member and their firm.  Continued…

NTM 06-05

Mutual Funds

Regulatory Compliance in the news Bond Mutual fund Volatility Ratings
Regulatory Compliance in the news Rule 2210

On December 27, 2005, the SEC approved a proposed rule change to make permanent Rule 2210(c)(3) and Interpretive Material 2210-5 (“IM 2210-5”) concerning bond mutual fund volatility ratings. Previously, the NASD had interpreted their rules so as to prohibit the use of bond fund volatility ratings in sales material. Continued…

NTM 06-07

All

Regulatory Compliance in the news AML  Compliance Programs
Regulatory Compliance in the news Rule 3011

Effective 3/6/06 the SEC has approved amendments to the AML program rule (NASD Rule 3011) and provided interpretive material to clarify and provide guidance on the rule. Continued…

NTM 06-10

All

Regulatory Compliance in the news NASD Sanction Guidelines

Sanction Guidelines Q&A

NTM 06-11

All

Regulatory Compliance in the news IM-3013
Regulatory Compliance in the news Annual Compliance and Supervision

NASD Rule 3013 requires each member’s CEO, or equivalent officer, to certify annually that there are processes in place to establish, maintain, review, modify and test the firm’s policies and procedures. Continued…

NTM 06-12

All

Regulatory Compliance in the news Branch Office Def/Registration
Regulatory Compliance in the news CRD
Regulatory Compliance in the news Form BR
Regulatory Compliance in the news Internal Inspections
Regulatory Compliance in the news Rule 3010
Regulatory Compliance in the news Supervision

The SEC has approved a new Form BR that will replace the current Schedule E of Form BD. Continued…

NTM 06-15

General Securities

Regulatory Compliance in the news OATS
Regulatory Compliance in the news NASDAQ Listed Securities
Regulatory Compliance in the news Rule 6958
Regulatory Compliance in the news Rule 9610(a)

Compliance date is July 10, 2006.  Members are required to capture and report both the time an order is received from the customer, and the time the order is received at the trading desk or trading department (if those times are different). Continued…

NTM 06-18

General Securities

Regulatory Compliance in the news Short Sales - Close-Out Requirements
Regulatory Compliance in the news SEC Regulation SHO
Regulatory Compliance in the news SEC Rule 203(b)(3)

Regulation SHO requires participants of a registered clearing agency to “close out” failure-to-deliver positions in threshold securities that have persisted for 13 consecutive settlement days by purchasing securities of like kind and quantity.

NTM 06-19

General Securities

Regulatory Compliance in the news Market Orders
Regulatory Compliance in the news Rule 3380
Regulatory Compliance in the news Trade Shredding/splitting

Reminds members of SEC Rule 3380, approved 2/24/06, which prohibits splitting any order or execution into multiple smaller orders or executions for the purpose receiving greater financial rewards such as rebates, commissions, gratuities, credits, etc.  This rule was effective May 25, 2006.

NTM 06-21

All

Regulatory Compliance in the news Charitable Giving
Regulatory Compliance in the news Charitable Solicitation

The concerns are present when employees of a customer acting in a fiduciary capacity solicit substantial charitable contributions from members with whom they intend to or have under contract. Continued…

NTM 06-22

General Securities

Regulatory Compliance in the news Debt Securities
Regulatory Compliance in the news Rule 6200 Series
Regulatory Compliance in the news TRACE Rules
Regulatory Compliance in the news Transaction Reporting

The NASD is seeking comments on publicly disseminating Buy/Sell and Customer/Deale information currently being reported through TRACE.  Only members currently reporting transitions through the TRACE are asked to comment.

 

NTM 06-23

 

All

 

Regulatory Compliance in the news Finops

The NASD is reminding FINOPs of their obligations under NASD Rule 1022 and issuing guidance to FINOPs who work part-time, work off-site or hold multiple registrations. Continued…

To the FINOP clients of Broker Dealer Compliance:

We want to assure our clients that this Notice to Members merely re-iterates the existing NASD rule in relation to FINOP responsibilities. As a result of the publication of this Notice to Members, however, we may institute some changes with your firm.  For example, these changes may include a requirement for on-line banking access. 

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