September 2005
In a continuing effort to assist member firms' compliance efforts, NASD is issuing this regular communication, "Improving Examination Results." This document has two sections: "Examination Priorities" and "Frequently Found Violations," both of which relate to the Department of Member Regulation's routine examinations of firms. While each
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FINRA rules require that member's communications with the public be accurate, fair and not misleading. An investor considering the series of a broker-dealer, including a "discount" broker, should be informed of all factors material to his use of such broker-dealer's services. There are many variables in the charges and services offered by broker-dealers and it isn't reasonable to expect that every variation be included in media advertising, given the expense of such advertising. Relevant factors not included in advertisements should be communicated to persons responding, however. Certain items should be included in the advertisement itself, when the advertisement would be misleading in the absence of their disclosure.
Current futures registrants may not offer or sell, or supervise persons who offer or sell, security futures until they have met certain proficiency requirements. Associates of registered commodity trading advisors and commodity pool operators must meet these proficiency requirements before engaging in security futures activities requiring registration as an associated person for those firms.
Module 5: Supervision of the Offer and Sale of Security Futures, addresses issues relevant for persons who will be supervising personnel engaged in a security futures business. Firms must administer Module 5 to their appropriately qualified individuals before such persons can supervise security futures activity.
Module 4: Regulatory Requirements for Security Futures describes the regulatory framework, including sales practice and margin requirements, for these new products. All FINRA member firms must administer the content of Modules 3 and 4 to their personnel before such persons may engage in a security futures business.
Module 3: Security Futures explains the characteristics and elements of security futures.
Module 2: Futures Contracts is intended primarily for securities professionals as an introduction to the basic concepts and terminology of futures. In general, FINRA will require that members administer the content of Module 2 to securities registrants, although firms employing dually-licensed persons (i.e., persons registered with a broker/dealer and an futures commission merchant or introducing broker), may not need to administer Module 2 to such persons.
Module 1: Stocks and Stock Options is intended primarily for futures professionals as an introduction to securities and securities law concepts. FINRA will not require broker/dealers to administer the content of Module 1 to securities registrants. Firms should decide on their own whether their employees would benefit from the basic securities overview.
The content outline has been established by FINRA and NFA for use by firms in developing their Firm Element training programs. The outline contains five modules or segments: (1) Stock and Stock Options; (2) Futures Contracts; (3) Security Futures Products; (4) Regulatory Requirements for Security Futures; and (5) Supervision of the Offer and Sale of Security Futures. You may also access an online
