Proposed Collection; Comment Request, 22732 [E5-2087]
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22732
Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Notices
Exchange Commission, 450 Fifth Street,
NW., Washington, DC 20549.
Dated: April 25, 2005.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5–2086 Filed 4–29–05; 8:45 am]
BILLING CODE 8010–01–P
Dated: April 25, 2005.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5–2087 Filed 4–29–05; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
BILLING CODE 8010–01–P
Upon written request, copies available
from: Securities and Exchange
Commission, Office of Filings and
Information Services, Washington, DC
20549.
Extension: Rule 236, OMB Control No. 3235–
0095, SEC File No. 270–118.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget for extension
and approval.
Rule 236 under the Securities Act of
1933 (‘‘Securities Act’’) requires issuers
choosing to rely on an exemption from
Securities Act registration for the
issuance of fractional shares, scrip
certificates or order forms, in
connection with a stock dividend, stock
split, reverse stock split, conversion,
merger or similar transaction to furnish
specified information to the
Commission in writing at least ten days
prior to the offering. The information is
needed to provide public notice that an
issuer is relying on the exemption.
Public companies are the likely
respondents. An estimated ten
submissions are made pursuant to Rule
236 annually, resulting in an estimated
annual total burden of 15 hours.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
VerDate jul<14>2003
19:05 Apr 29, 2005
Jkt 205001
to comments and suggestions submitted
in writing within 60 days of this
publication.
Please direct your written comments
to R. Corey Booth, Director/Chief
Information Officer, Office of
Information Technology, Securities and
Exchange Commission, 450 5th Street,
NW., Washington, DC 20549.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–51605; File No. SR–NASD–
2005–004]
Self-Regulatory Organizations;
National Association of Securities
Dealers, Inc.; Order Approving
Proposed Rule Change and
Amendment Nos. 1 and 2 Thereto
Relating to Annual Compliance
Meetings
April 25, 2005.
On January 13, 2005, the National
Association of Securities Dealers
(‘‘NASD’’) filed with the Securities and
Exchange Commission (‘‘Commission’’
or ‘‘SEC’’) a proposed rule change,
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 to
clarify that the system that each member
is required to establish and maintain to
supervise the activities of registered
representatives and associated persons
also applies to registered principals. On
March 1, 2005, NASD filed Amendment
No. 1 to the proposed rule change.3 On
March 9, 2005, NASD filed Amendment
No. 2 to the proposed rule change.4 The
proposed rule change, as amended, was
published for comment in the Federal
Register on March 21, 2005.5 The
Commission received two comment
letters on the proposal, as amended.6 On
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 In Amendment No. 1, the NASD further clarified
that the scope of NASD Rules 3010(a), 3010(a)(3),
and 3010(b)(1), specifically extends to registered
representatives and registered principals, as well as
other associated persons.
4 In Amendment No. 2, the NASD filed a partial
amendment to the proposed rule change to remove
the underlining from the term ‘‘applicable NASD
Rules’’ in NASD Rule 3010(a), as it is part of the
existing rule text.
5 See Securities Exchange Act Release No. 51368
(March 14, 2005), 70 FR 13560 (March 21, 2005).
6 See letters from Jed Bandes, dated April 7, 2005
(‘‘Bandes Letter’’) and William F. Marshall,
President, First Winston Securities, Inc., dated
April 11, 2005 (‘‘First Winston Letter’’).
PO 00000
1 15
2 17
Frm 00106
Fmt 4703
Sfmt 4703
April 22, 2005, the NASD filed a
response to the comment letters.7 This
order approves the proposed rule
change, as amended.
I. Description of Proposed Rule Change
NASD proposes to amend NASD Rule
3010(a)(7) to require that registered
principals, in addition to registered
representatives, attend an annual
compliance meeting. NASD Rule
3010(a)(7) currently requires the
attendance of registered representatives
at annual compliance meetings, but it
does not require the attendance of
registered principals. NASD believes
that registered principals also should be
required to attend such meetings given
the supervisory and compliance-related
functions that principals perform and
that the primary purpose of these
meetings is to discuss compliance issues
and keep registered persons current on
changing compliance requirements or
changes in the firm. Accordingly, NASD
proposes to amend NASD Rule
3010(a)(7) to require that all registered
principals, in addition to registered
representatives, attend an annual
compliance meeting in accordance with
the Rule.
Further, although registered
principals are included in the definition
of associated person 8 and thus are
included in the scope of NASD Rule
3010(a), registered principals are not
specifically listed in NASD Rule
3010(a). Therefore, NASD proposes a
technical amendment to NASD Rule
3010(a) to clarify that each member is
required to establish and maintain a
system to supervise the activities of
each registered representative,
registered principal, and associated
person.
NASD represents that the proposal
clarifies that this provision applies to
registered representatives and registered
principals, as well as all other
associated persons. To be consistent
with this proposed amendment to
NASD Rule 3010(a), NASD is proposing
similar changes to NASD Rules
3010(a)(3) and 3010(b)(1) to clarify that
the scope of these rules extends to
registered representatives and registered
principals, as well as other associated
persons.9 NASD is also proposing to
replace a reference to ‘‘Association’’
with ‘‘NASD’’ in the text of NASD Rule
3010(b)(1) to reflect the fact that NASD
no longer refers to itself using its full
7 See letter to Katherine A. England, Assistant
Director, Division of Market Regulation from Afshin
Atabaki, Counsel, NASD, dated April 22, 2005
(‘‘NASD Response Letter’’).
8 See NASD Rule 1011(b).
9 See Amendment No. 1, supra note 3.
E:\FR\FM\02MYN1.SGM
02MYN1
Agencies
[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Notices]
[Page 22732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2087]
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SECURITIES AND EXCHANGE COMMISSION
Proposed Collection; Comment Request
Upon written request, copies available from: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.
Extension: Rule 236, OMB Control No. 3235-0095, SEC File No. 270-
118.
Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
Rule 236 under the Securities Act of 1933 (``Securities Act'')
requires issuers choosing to rely on an exemption from Securities Act
registration for the issuance of fractional shares, scrip certificates
or order forms, in connection with a stock dividend, stock split,
reverse stock split, conversion, merger or similar transaction to
furnish specified information to the Commission in writing at least ten
days prior to the offering. The information is needed to provide public
notice that an issuer is relying on the exemption. Public companies are
the likely respondents. An estimated ten submissions are made pursuant
to Rule 236 annually, resulting in an estimated annual total burden of
15 hours.
Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Office of Information Technology, Securities
and Exchange Commission, 450 5th Street, NW., Washington, DC 20549.
Dated: April 25, 2005.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5-2087 Filed 4-29-05; 8:45 am]
BILLING CODE 8010-01-P