Guidance
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Interpretive Letter
Under Rule 2710, a broker/dealer may pay finder's fees to a joint venture for the referral of issuers that are potential corporate finance clients. If the joint venture is not required to be registered as a broker/dealer, such payments would not violate Rule 2420.
June 18, 1998
Interpretive Letter
The use of a combined name on certain public communications to reflect a recent merger of two member firms and create a single global "brand," would not violate the requirement of Rule 2210 that public communications include the name of the member firm.
June 08, 1998
Regulatory and Compliance Alerts (RCA)
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June 01, 1998
Exemptive Letter
May 29, 1998
Mr. Kenneth W. Perlman
General Counsel
Mayer & Schweitzer, Inc.
111 Pavonia Avenue East
Jersey City, New Jersey 07310
Re: Exemption Pursuant to NASD Rule 2320(g)(2)
Dear Mr. Perlman:
May 29, 1998
Interpretive Letter
Unregistered associated persons may not routinely take customer orders during periods of peak telephone call volume.
May 27, 1998
Interpretive Letter
The use of a member name without the corporate modifier “L.L.C.” on certain materials adequately denotes the name of the member and would not violate the requirement of NASD Rule 2210 (f)(2) to include a member name.
May 11, 1998
Interpretive Letter
A registered representative presently licensed with a member providing telemarketing services, under certain conditions, would not be required to also be registered with a client member.
April 22, 1998
Interpretive Letter
The provisions of the three quote rule apply to transactions in foreign securities executed on a foreign exchange for member customers.
April 09, 1998
Interpretive Letter
A broker/dealer is not required to register as branch offices under Rule 3010(g) non-public office locations where existing customers can use computer terminals to access their accounts and enter orders.
March 16, 1998
Regulatory and Compliance Alerts (RCA)
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March 01, 1998
Guidance
The question of whether a particular person is required to obtain a series 63 license is a specific facts and circumstances analysis, and ultimately would be answered by state law or regulations of each individual state involved.
February 04, 1998
Interpretive Letter
The payment of a salary to a sales assistant by a registered person is not prohibited by NASD rules, nor would it require the registered person to register as a general sales supervisor under Rule 1022(g).
January 29, 1998
Interpretive Letter
For purposes of Rule 2740, securities custodial, clearance and settlement services are not considered bona fide research.
December 09, 1997
Exemptive Letter
It appears that the violation of the Rule, as described in your letter, relates directly to the failure of the firm to develop and institute procedures reasonably designed to ensure compliance of the Rule i.e., for the review and approval of political contributions by a municipal finance professional prior to making the contribution. Accordingly, the firm's request for an exemption is denied.
December 02, 1997
Regulatory and Compliance Alerts (RCA)
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December 01, 1997
Interpretive Letter
Staff interpretation on the use of electronic signatures under NASD Rules 3110(c)(1)(C) and 3010(d).
November 26, 1997
Interpretive Letter
Advertising Department's response to recommendations of the Investment Company Institute concerning member use of hyperlinks.
November 11, 1997
Interpretive Letter
Application of Rules 3030 and 3040 to receipt of "wrap fees" by registered representative/investment adviser who recommends clients invest in asset allocation program managed and traded by unrelated money manager.
October 26, 1997
Interpretive Letter
A networking arrangement between a broker/dealer and a licensed insurance agency in which the non-member insurance agency receives commission payments is not subject to Rule 2420 if the arrangement is undertaken in reliance on an SEC no-action position on the registration requirements of the insurance agency as a result of the arrangement.
September 25, 1997
Regulatory and Compliance Alerts (RCA)
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September 01, 1997
Interpretive Letter
Placing limit orders in ECNs that comply with the ECN Display Alternative under the SEC's Order Handling Rules in order to affect the price of transactions effected through POSIT may constitute market manipulation in violation of the antifraud provisions of the securities laws and NASD rules.
August 29, 1997
Interpretive Letter
Placing limit orders in ECNs that comply with the ECN Display Alternative under the SEC's Order Handling Rules in order to affect the price of transactions effected through POSIT may constitute market manipulation in violation of the antifraud provisions of the securities laws and NASD rules.
August 29, 1997
Interpretive Letter
A short interest rebate, under certain circumstances, may be paid to a non-member trust company as compensation for work performed in administering accounts.
August 20, 1997
Interpretive Letter
Clarification of NASD Notice to Members 96-33: application of Rule 3040 to registered representatives of a distributor who also are employed by investment advisers to manage the portfolios of investment companies.
August 04, 1997
Exemptive Letter
Exemptive relief is granted based on the determination that the dealer: (1) had developed and instituted procedures reasonably designed to ensure compliance with the rule; (2) had no actual knowledge of the contribution prior to or at the time of the contribution; (3) had taken all available steps to cause the person involved in making the contribution to obtain a return of the contribution; and (4) had taken such other remedial or preventative measures as were appropriate under the circumstances.
July 31, 1997