This Interpretive Material sets forth a membership waive-in process for certain NYSE American LLC ("NYSE American") member organizations to become members of FINRA as part of the acquisition by NYSE Euronext of the Amex Membership Corporation. It applies to any NYSE American member organization that (i) holds a valid 86 Trinity Permit as of the date such firm transfers its equities operations to the NYSE American Trading Systems and (ii) is not currently a FINRA member. Such firms are eligible to automatically become FINRA members and to automatically register all associated persons whose registrations are approved with NYSE American in registration categories recognized by FINRA upon submission to the Department of a signed waive-in membership application ("Waive-In Application") with the following information:
(1) General company information, including Central Registration Depository (CRD®) Number and contact person;
(2) An attestation that all information on the applicant's® form, as of the date of submission of the Waive-In Application, is accurate and complete and fully reflects all aspects of the applicant's current business, including, but not limited to, ownership structure, management, product lines and disclosures;
(3) The identity of the firm's Executive Representative;
(4) Completed and signed Entitlement Forms (unless previously submitted);
(5) A signed FINRA Membership Agreement; and
(6) Representations that the NYSE American applicant's Uniform Application for Broker-Dealer Registration (Form BD) will be amended as needed to keep current and accurate; that all individual and entity registrations with FINRA will be kept current; and that all information and statements contained in the Waive-In Application are current, true and complete.
The Department shall review the Waive-In Application within three business days of receipt and, if complete, issue a letter notifying the applicant that it has been approved for membership. The Membership Agreement shall become effective on the date of such notification letter.
Firms admitted pursuant to this Interpretive Material shall be member organizations of both NYSE and NYSE American and as such are subject to FINRA rules (provided that firms admitted to FINRA membership under [IM-1013-1] also are subject to FINRA rules), other than FINRA Rules [1011] through [1016], [1019] through [1021], [2231], [3260] and [4540], the FINRA By-Laws and Schedules to By-Laws, including Schedule A, and the FINRA [Rule 8000] and [Rule 9000] Series, provided that their NYSE or NYSE American securities business is limited to floor-based activities in either NYSE-traded or NYSE American-traded securities, or routing away to other markets orders that are ancillary to their core NYSE or NYSE American floor business under NYSE Rule 70.40 or NYSE American Equities Rule 70.40 ("permitted floor activities"). If a firm admitted pursuant to this Interpretive Material seeks to expand its business operations to include any activities other than the permitted floor activities or makes changes to its securities business that would otherwise require FINRA membership, such firm must apply for and receive approval to engage in such business activity pursuant to [Rule 1017]. Upon approval of such business expansion, the firm shall be subject to the FINRA By-Laws and Schedule to By-Laws, including Schedule A, and all FINRA rules.
Pursuant to [IM-Section 4(b)(1) and (e)] to Schedule A of the FINRA By-Laws, a firm applying to waive in for membership pursuant to this Interpretive Material shall not be assessed certain registration and application fees set forth in [Sections 4](b)(1) and (e) to Schedule A of the FINRA By-Laws.
