12208. Representation of Parties

This rule is no longer applicable. NASD Rule 12208 has been superseded by FINRA Rule 12208. Please consult the appropriate FINRA Rule.

The Customer Code will apply to claims filed on or after April 16, 2007. In addition, the list selection provisions of the Customer Code will apply to previously filed claims in which a list of arbitrators must be generated after April 16, 2007; in these cases, however, the claim will continue to be governed by the remaining provisions of the old Code unless all parties agree to proceed under the new Code.

(a) Representation by a Party
Parties may represent themselves in an arbitration held in a United States hearing location. A member of a partnership may represent the partnership; and a bona fide officer of a corporation, trust, or association may represent the corporation, trust, or association.
(b) Representation by an Attorney
At any stage of an arbitration proceeding held in a United States hearing location, all parties shall have the right to be represented by an attorney at law in good standing and admitted to practice before the Supreme Court of the United States or the highest court of any state of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States, unless state law prohibits such representation.
(c) Representation by Others
Parties may be represented in an arbitration by a person who is not an attorney, unless:
•  state law prohibits such representation, or
•   the person is currently suspended or barred from the securities industry in any capacity, or
•   the person is currently suspended from the practice of law or disbarred.
(d) Qualifications of Representative
Issues regarding the qualifications of a person to represent a party in arbitration are governed by applicable law and may be determined by an appropriate court or other regulatory agency. In the absence of a court order, the arbitration proceeding shall not be stayed or otherwise delayed pending resolution of such issues.
Amended by SR-NASD-2006-109 eff. Dec. 24, 2007.
Adopted by SR-NASD-2003-158 eff. April 16, 2007.

Selected Notices: 07-07, 07-57.

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