Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of a Proposed Rule Change Relating to NASD Rule 11870 (Customer Account Transfer Contracts) and NYSE Rule 412 (Customer Account Transfer Contracts) To Make the Time Frames in the Rules for Validating or Taking Exception to an Instruction To Transfer a Customer's Securities Account Consistent With the Time Frames in the Automated Customer Account Transfer Service, 52414-52416 [E7-18075]
Download as PDF
52414
Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Notices
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56373; File No. SR–FINRA–
2007–005]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing of a
All submissions should refer to File
Proposed Rule Change Relating to
Number SR–NASD–2004–183. This file
NASD Rule 11870 (Customer Account
number should be included on the
subject line if e-mail is used. To help the Transfer Contracts) and NYSE Rule
412 (Customer Account Transfer
Commission process and review your
Contracts) To Make the Time Frames in
comments more efficiently, please use
only one method. The Commission will the Rules for Validating or Taking
post all comments on the Commission’s Exception to an Instruction To Transfer
a Customer’s Securities Account
Internet Web site (https://www.sec.gov/
Consistent With the Time Frames in
rules/sro.shtml). Copies of the
the Automated Customer Account
submission, all subsequent
Transfer Service
amendments, all written statements
with respect to the proposed rule
September 7, 2007.
change that are filed with the
Pursuant to section 19(b)(1) of the
Commission, and all written
Securities Exchange Act of 1934
communications relating to the
(‘‘Act’’),1 notice is hereby given that on
proposed rule change between the
August 8, 2007, Financial Industry
Commission and any person, other than Regulatory Authority, Inc. (‘‘FINRA’’)
filed with the Securities and Exchange
those that may be withheld from the
Commission (‘‘Commission’’) the
public in accordance with the
proposed rule change described in Items
provisions of 5 U.S.C. 552, will be
I, II, and III below, which items have
available for inspection and copying in
been prepared by FINRA. The
the Commission’s Public Reference
Commission is publishing this notice to
Room, 100 F Street, NE., Washington,
solicit comments from interested
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m. persons.
Copies of such filing also will be
I. Self-Regulatory Organization’s
available for inspection and copying at
Statement of the Terms of Substance of
the principal office of FINRA. All
the Proposed Rule Change
comments received will be posted
FINRA is proposing to amend
without change; the Commission does
National Association of Securities
not edit personal identifying
Dealers, Inc. (‘‘NASD’’) Rule 11870
information from submissions. You
(‘‘Customer Account Transfer
should submit only information that
Contracts’’) and New York Stock
you wish to make available publicly. All Exchange (‘‘NYSE’’) Rule 412
submissions should refer to File
(‘‘Customer Account Transfer
Number SR–NASD–2004–183 and
Contracts’’) to make the time frames in
should be submitted on or before
the rules for validating or taking
October 4, 2007.
exception to an instruction to transfer a
customer’s securities account assets and
VI. Conclusion
for completing the transfer of the assets
consistent with the time frames in the
It is therefore ordered, pursuant to
National Securities Clearing
section 19(b)(2) of the Act,160 that the
Corporation’s (‘‘NSCC’’) Automated
proposed rule, as amended (SR-NASD–
Customer Account Transfer Service
2004–183), be, and it hereby is,
(‘‘ACATS’’) transfer cycle. Below is the
approved.
text of the proposed rule change.
By the Commission.
Proposed new language is italicized;
Nancy M. Morris,
proposed deletions are in [brackets].
Secretary.
[FR Doc. E7–18022 Filed 9–12–07; 8:45 am]
ebenthall on PRODPC61 with NOTICES
BILLING CODE 8010–01–P
11000. UNIFORM PRACTICE CODE
11870. Customer Account Transfer
Contracts
(a) No Change.
(b) Transfer Procedures
(1) Upon receipt from the customer of
an authorized broker-to-broker transfer
160 15
U.S.C. 78s(b)(2).
VerDate Aug<31>2005
15:29 Sep 12, 2007
1 15
Jkt 211001
PO 00000
U.S.C. 78s(b)(1).
Frm 00071
Fmt 4703
Sfmt 4703
instruction form (‘‘TIF’’) to receive such
customer’s securities account assets in
whole or in specifically designated part,
from the carrying member, the receiving
member must immediately submit such
instruction to the carrying member. The
carrying member must, within [three]
one business day[s] following receipt of
such instruction, or receipt of a TIF
received directly from the customer
authorizing the transfer of assets in
specifically designated part: (A)
Validate the transfer instruction to the
receiving member (with an attachment
reflecting all positions and money
balances to be transferred as shown on
its books); or (B) take exception to the
transfer instruction for reasons other
than securities positions or money
balance discrepancies and advise the
receiving member of the exception
taken. The time frame(s) set forth in this
paragraph will change, as determined
from time-to-time in any publication,
relating to the ACATS facility, by the
National Securities Clearing
Corporation (NSCC).
(2) No Change.
(c) and (d) No Change.
(e) Completion of the Transfer
Within three business days following
the validation of a transfer instruction,
the carrying member must complete the
transfer of the customer’s security
account assets to the receiving member.
The receiving member and the carrying
member must immediately establish
fail-to-receive and fail-to-deliver
contracts at then-current market values
upon their respective books of account
against the long/short positions that
have not been delivered/received and
the receiving/carrying member must
debit/credit the related money amount.
The customer’s security account assets
shall thereupon be deemed transferred.
The time frame(s) set forth in this
paragraph will change, as determined
from time-to-time in any publication,
relating to the ACATS facility, by the
NSCC.
(f) through (n) No Change.
*
*
*
*
*
Rule 412. Customer Account Transfer
Contracts
(a) No Change.
(b)
(1) Upon receipt from the customer of
an authorized broker-to-broker transfer
instruction form (‘‘TIF’’) to receive such
customer’s securities account assets in
whole or in specifically designated part,
the receiving organization will
immediately submit such instruction to
the carrying organization. The carrying
organization must, within [three (3)] one
business day[s] following receipt of
such instruction, or receipt of a TIF
E:\FR\FM\13SEN1.SGM
13SEN1
Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Notices
received directly from the customer
authorizing the transfer of assets in
specifically designated part: (i) Validate
the transfer instruction (with an
attachment reflecting all positions and
money balances to be transferred as
shown on its books) to the receiving
organization or (ii) take exception to the
transfer instruction for reasons other
than securities positions or money
balance discrepancies and advise the
receiving organization of the exception
taken. The time frame(s) set forth in this
paragraph will change, as determined
from time-to-time in any publication,
relating to the ACATS facility, by the
National Securities Clearing
Corporation (NSCC).
(2) No Change.
(3) Within three [(3)] business days
following the validation of a transfer
instruction, the carrying organization
must complete the transfer of the
customer’s securities account assets to
the receiving organization. The carrying
organization and the receiving
organization must establish fail to
receive and fail to deliver contracts at
then current market values upon their
respective books of account against the
long/short positions (including options)
that have not been delivered/received
and the receiving/carrying organization
must debit/credit the related money
amount. The customer’s securities
account assets shall thereupon be
deemed transferred. The time frame(s)
set forth in this paragraph will change,
as determined from time-to-time in any
publication, relating to the ACATS
facility, by the NSCC.
(c) through (f) No Change.
Supplementary Material .10 through
.30 No Change.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
ebenthall on PRODPC61 with NOTICES
In its filing with the Commission,
FINRA included statements concerning
the purpose of and basis for the
proposed rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. FINRA has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.
(A) Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
NASD Rule 11870 and NYSE Rule 412
regulate the transfer of customer
VerDate Aug<31>2005
15:29 Sep 12, 2007
Jkt 211001
accounts from one member (the
‘‘carrying firm’’) to another (the
‘‘receiving firm’’). Such transfers
generally occur through ACATS, an
electronic transfer system developed by
NSCC to automate and standardize the
transfer of accounts. Currently, based on
the time frames established in ACATS,
NASD Rule 11870(b) and NYSE Rule
412(b)(1) require carrying members to
validate or take exception to an
instruction to transfer securities account
assets within three business days
following receipt of a Transfer Initiation
Form (‘‘TIF’’) or transfer instruction,
and NASD Rule 11870(e) and NYSE
Rule 412(b)(3) require carrying members
to complete the transfer within three
business days following the validation
of a transfer instruction.
FINRA is proposing to amend NASD
Rule 11870(b) and (e) and NYSE Rule
412(b)(1) and (b)(3) to make the time
frames in those rules consistent with the
time frames established in ACATS by
the NSCC for these processes. The effect
of this rule change will be that the time
frames in NASD Rule 11870(b) and (e)
and NYSE Rule 412(b)(1) and (b)(3) will
change if and when NSCC modifies
those requirements. FINRA will
announce any such changes in those
time frames to its members in a
Regulatory Notice and other appropriate
communications.
FINRA is filing this rule change in
anticipation of a reduction in these time
frames in approximately October 2007
as recently announced by NSCC.2
FINRA understands that NSCC is
planning to seek regulatory approval
from the Commission to eliminate two
business days from the validation
period for both full and partial transfers.
FINRA members recognize the benefit
to customers of shortening the time it
takes to transfer account assets.
However, introducing brokers have
expressed serious concerns about the
effect on their business relationships
with their customers of shortening the
time permitted for validating or taking
exception to a transfer instruction. They
have noted that a representative who
decides to move to another firm may
have all of his or her customers sign a
TIF well in advance of the anticipated
move, thereby effectuating a mass
movement of customers to the new firm.
Under the current ACATS time frames,
if the carrying firm timely notifies the
introducing firm of the transfer requests,
the introducing firm has up to three
2 See NSCC ‘‘Important Notice’’ A#6317,
P&S#5887 dated October 19, 2006, ‘‘Important
Notice’’ A#6367, P&S#5937 dated December 22,
2006, ‘‘Important Notice’’ A#6425, P&S#5995 dated
March 27, 2007, and NSCC ‘‘Important Notice’’
A#6457, P&S#6027 dated May 23, 2007.
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
52415
business days to contact its customers
regarding the reasons for their transfer
requests, thereby giving the introducing
firm an opportunity to contact its
customers to discuss why its customers
have chosen to move their accounts.
Some FINRA member firms also were
concerned that shortening the time
permitted for validating or taking
exception to a transfer instruction could
provide a competitive advantage to selfclearing firms because they would have
more immediate notice of transfer
requests and would be in a better
position to employ efforts to retain the
accounts. Although FINRA believes that
shortening the customer account
transfer process is in the best interest of
public customers, who have often
expressed dissatisfaction with the
transfer process, FINRA requests that
the Commission seek comment on the
effect of the proposed rule change,
particularly on introducing firms’
business relationships.
As noted in Item 2 of this filing,
FINRA is coordinating implementation
of the shortened time frames to the
ACATS transfer cycle with NSCC. NSCC
has announced that it plans to
implement changes to the ACATS
transfer cycle in October 2007
(contingent upon the Commission’s
approval of the proposed changes).
Members will be advised of the
implementation date for any such
modification of the ACATS transfer
cycle time frames through a Regulatory
Notice and other communications, as
appropriate. A specific, coordinated
effective date would be communicated
to members through a Regulatory Notice
and other communications, as
appropriate, and would take into
consideration the need for members to
make internal systems changes to
accommodate the revised time frames.
2. Statutory Basis
FINRA believes that the proposed rule
change is consistent with the provisions
of section 15A(b)(6) of the Act,3 which
requires, among other things, that
FINRA rules must be designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, and, in
general, to protect investors and the
public interest. The proposed rule
change is designed to accomplish these
ends by making the time frames in
NASD Rule 11870(b) and (e) and NYSE
Rule 412(b)(1) and (b)(3) consistent with
the time frames established by NSCC for
validating or taking exception to an
account transfer instruction and for
completing the transfer, respectively,
3 15
E:\FR\FM\13SEN1.SGM
U.S.C. 78o–3(b)(6).
13SEN1
52416
Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Notices
thereby creating greater efficiency in the
account transfer process and improving
customers’ experience with the account
transfer process.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
FINRA does not believe that the
proposed rule change will result in any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within thirty-five days of the date of
publication of this notice in the Federal
Register or within such longer period:
(i) As the Commission may designate up
to ninety days of such date if it finds
such longer period to be appropriate
and publishes its reasons for so finding
or (ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) By order approve such proposed
rule change or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.4
Comments may be submitted by any of
the following methods:
ebenthall on PRODPC61 with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml) or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–FINRA–2007–005 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F. Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–FINRA–2007–005. This file
number should be included on the
4 The Commission also seeks comment on the
effect of the proposed rule change on the business
relationships of introducing firms.
VerDate Aug<31>2005
15:29 Sep 12, 2007
Jkt 211001
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room, 100 F. Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of such filing also will be
available for inspection and copying at
the principal office of FINRA and on
FINRA’s Web site at https://
www.finra.org/web/groups/rules_regs/
documents/rule_filing/p036409.pdf. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–FINRA–2007–005 and
should be submitted on or before
October 4, 2007.
For the Commission by the Division of
Market Regulation, pursuant to delegated
authority.5
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7–18075 Filed 9–12–07; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–56372; File No. SR–NSCC–
2007–13]
Self-Regulatory Organizations;
National Securities Clearing
Corporation; Notice of Filing of a
Proposed Rule Change To Amend Its
Rules and Procedures With Regard to
the Automated Customer Account
Transfer Service (ACATS) and ACATS
Fund/SERV Processing
September 7, 2007.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 notice is hereby given that on
5 17
1 15
PO 00000
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
Frm 00073
Fmt 4703
Sfmt 4703
August 15, 2007, National Securities
Clearing Corporation (‘‘NSCC’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change described in Items
I, II, and III below, which items have
been prepared primarily by NSCC. The
Commission is publishing this notice to
solicit comments from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The proposed rule change consists of
modifications to NSCC’s Rules and
Procedures relating to its Automated
Customer Account Transfer Service
(‘‘ACATS’’) and ACATS Fund/SERV
processing.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
NSCC included statements concerning
the purpose of and basis for the
proposed rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. NSCC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.2
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
The purpose of the proposed rule
change is to modify NSCC’s Rules as
necessary to shorten the account
transfer time frame with respect to
certain types of ACATS and ACATS
Fund/SERV transfers.3
1. Background
ACATS enables members of NSCC to
effect automated transfers of customer
accounts among themselves. In
operation since 1985, ACATS was
designed to facilitate compliance with
New York Stock Exchange (‘‘NYSE’’)
Rule 412 and National Association of
Securities Dealers (‘‘NASD’’) 4 Uniform
2 The Commission has modified the text of the
summaries prepared by NSCC.
3 Rule 50 (Automated Customer Account Transfer
Service) is generally nonspecific with respect to
account transfer time frames. Rule 52 (Mutual Fund
Services), Section 16 (ACAT/Transfers) is
nonspecific with respect to account transfer time
frames and does not require modification.
4 Rule 50 (Automated Customer Account Transfer
Service) is generally nonspecific with respect to
account transfer time frames. Rule 52 (Mutual Fund
Services), Section 16 (ACAT/Transfers) is
nonspecific with respect to account transfer time
frames and does not require modification.
E:\FR\FM\13SEN1.SGM
13SEN1
Agencies
[Federal Register Volume 72, Number 177 (Thursday, September 13, 2007)]
[Notices]
[Pages 52414-52416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18075]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-56373; File No. SR-FINRA-2007-005]
Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of a Proposed Rule Change Relating to
NASD Rule 11870 (Customer Account Transfer Contracts) and NYSE Rule 412
(Customer Account Transfer Contracts) To Make the Time Frames in the
Rules for Validating or Taking Exception to an Instruction To Transfer
a Customer's Securities Account Consistent With the Time Frames in the
Automated Customer Account Transfer Service
September 7, 2007.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on August 8, 2007, Financial
Industry Regulatory Authority, Inc. (``FINRA'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change described in Items I, II, and III below, which items have been
prepared by FINRA. The Commission is publishing this notice to solicit
comments from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
FINRA is proposing to amend National Association of Securities
Dealers, Inc. (``NASD'') Rule 11870 (``Customer Account Transfer
Contracts'') and New York Stock Exchange (``NYSE'') Rule 412
(``Customer Account Transfer Contracts'') to make the time frames in
the rules for validating or taking exception to an instruction to
transfer a customer's securities account assets and for completing the
transfer of the assets consistent with the time frames in the National
Securities Clearing Corporation's (``NSCC'') Automated Customer Account
Transfer Service (``ACATS'') transfer cycle. Below is the text of the
proposed rule change. Proposed new language is italicized; proposed
deletions are in [brackets].
11000. UNIFORM PRACTICE CODE
11870. Customer Account Transfer Contracts
(a) No Change.
(b) Transfer Procedures
(1) Upon receipt from the customer of an authorized broker-to-
broker transfer instruction form (``TIF'') to receive such customer's
securities account assets in whole or in specifically designated part,
from the carrying member, the receiving member must immediately submit
such instruction to the carrying member. The carrying member must,
within [three] one business day[s] following receipt of such
instruction, or receipt of a TIF received directly from the customer
authorizing the transfer of assets in specifically designated part: (A)
Validate the transfer instruction to the receiving member (with an
attachment reflecting all positions and money balances to be
transferred as shown on its books); or (B) take exception to the
transfer instruction for reasons other than securities positions or
money balance discrepancies and advise the receiving member of the
exception taken. The time frame(s) set forth in this paragraph will
change, as determined from time-to-time in any publication, relating to
the ACATS facility, by the National Securities Clearing Corporation
(NSCC).
(2) No Change.
(c) and (d) No Change.
(e) Completion of the Transfer
Within three business days following the validation of a transfer
instruction, the carrying member must complete the transfer of the
customer's security account assets to the receiving member. The
receiving member and the carrying member must immediately establish
fail-to-receive and fail-to-deliver contracts at then-current market
values upon their respective books of account against the long/short
positions that have not been delivered/received and the receiving/
carrying member must debit/credit the related money amount. The
customer's security account assets shall thereupon be deemed
transferred. The time frame(s) set forth in this paragraph will change,
as determined from time-to-time in any publication, relating to the
ACATS facility, by the NSCC.
(f) through (n) No Change.
* * * * *
Rule 412. Customer Account Transfer Contracts
(a) No Change.
(b)
(1) Upon receipt from the customer of an authorized broker-to-
broker transfer instruction form (``TIF'') to receive such customer's
securities account assets in whole or in specifically designated part,
the receiving organization will immediately submit such instruction to
the carrying organization. The carrying organization must, within
[three (3)] one business day[s] following receipt of such instruction,
or receipt of a TIF
[[Page 52415]]
received directly from the customer authorizing the transfer of assets
in specifically designated part: (i) Validate the transfer instruction
(with an attachment reflecting all positions and money balances to be
transferred as shown on its books) to the receiving organization or
(ii) take exception to the transfer instruction for reasons other than
securities positions or money balance discrepancies and advise the
receiving organization of the exception taken. The time frame(s) set
forth in this paragraph will change, as determined from time-to-time in
any publication, relating to the ACATS facility, by the National
Securities Clearing Corporation (NSCC).
(2) No Change.
(3) Within three [(3)] business days following the validation of a
transfer instruction, the carrying organization must complete the
transfer of the customer's securities account assets to the receiving
organization. The carrying organization and the receiving organization
must establish fail to receive and fail to deliver contracts at then
current market values upon their respective books of account against
the long/short positions (including options) that have not been
delivered/received and the receiving/carrying organization must debit/
credit the related money amount. The customer's securities account
assets shall thereupon be deemed transferred. The time frame(s) set
forth in this paragraph will change, as determined from time-to-time in
any publication, relating to the ACATS facility, by the NSCC.
(c) through (f) No Change.
Supplementary Material .10 through .30 No Change.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.
(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
NASD Rule 11870 and NYSE Rule 412 regulate the transfer of customer
accounts from one member (the ``carrying firm'') to another (the
``receiving firm''). Such transfers generally occur through ACATS, an
electronic transfer system developed by NSCC to automate and
standardize the transfer of accounts. Currently, based on the time
frames established in ACATS, NASD Rule 11870(b) and NYSE Rule 412(b)(1)
require carrying members to validate or take exception to an
instruction to transfer securities account assets within three business
days following receipt of a Transfer Initiation Form (``TIF'') or
transfer instruction, and NASD Rule 11870(e) and NYSE Rule 412(b)(3)
require carrying members to complete the transfer within three business
days following the validation of a transfer instruction.
FINRA is proposing to amend NASD Rule 11870(b) and (e) and NYSE
Rule 412(b)(1) and (b)(3) to make the time frames in those rules
consistent with the time frames established in ACATS by the NSCC for
these processes. The effect of this rule change will be that the time
frames in NASD Rule 11870(b) and (e) and NYSE Rule 412(b)(1) and (b)(3)
will change if and when NSCC modifies those requirements. FINRA will
announce any such changes in those time frames to its members in a
Regulatory Notice and other appropriate communications.
FINRA is filing this rule change in anticipation of a reduction in
these time frames in approximately October 2007 as recently announced
by NSCC.\2\ FINRA understands that NSCC is planning to seek regulatory
approval from the Commission to eliminate two business days from the
validation period for both full and partial transfers.
---------------------------------------------------------------------------
\2\ See NSCC ``Important Notice'' A6317,
P&S5887 dated October 19, 2006, ``Important Notice''
A6367, P&S5937 dated December 22, 2006,
``Important Notice'' A6425, P&S5995 dated March
27, 2007, and NSCC ``Important Notice'' A6457,
P&S6027 dated May 23, 2007.
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FINRA members recognize the benefit to customers of shortening the
time it takes to transfer account assets. However, introducing brokers
have expressed serious concerns about the effect on their business
relationships with their customers of shortening the time permitted for
validating or taking exception to a transfer instruction. They have
noted that a representative who decides to move to another firm may
have all of his or her customers sign a TIF well in advance of the
anticipated move, thereby effectuating a mass movement of customers to
the new firm. Under the current ACATS time frames, if the carrying firm
timely notifies the introducing firm of the transfer requests, the
introducing firm has up to three business days to contact its customers
regarding the reasons for their transfer requests, thereby giving the
introducing firm an opportunity to contact its customers to discuss why
its customers have chosen to move their accounts. Some FINRA member
firms also were concerned that shortening the time permitted for
validating or taking exception to a transfer instruction could provide
a competitive advantage to self-clearing firms because they would have
more immediate notice of transfer requests and would be in a better
position to employ efforts to retain the accounts. Although FINRA
believes that shortening the customer account transfer process is in
the best interest of public customers, who have often expressed
dissatisfaction with the transfer process, FINRA requests that the
Commission seek comment on the effect of the proposed rule change,
particularly on introducing firms' business relationships.
As noted in Item 2 of this filing, FINRA is coordinating
implementation of the shortened time frames to the ACATS transfer cycle
with NSCC. NSCC has announced that it plans to implement changes to the
ACATS transfer cycle in October 2007 (contingent upon the Commission's
approval of the proposed changes). Members will be advised of the
implementation date for any such modification of the ACATS transfer
cycle time frames through a Regulatory Notice and other communications,
as appropriate. A specific, coordinated effective date would be
communicated to members through a Regulatory Notice and other
communications, as appropriate, and would take into consideration the
need for members to make internal systems changes to accommodate the
revised time frames.
2. Statutory Basis
FINRA believes that the proposed rule change is consistent with the
provisions of section 15A(b)(6) of the Act,\3\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. The proposed rule change is designed to accomplish
these ends by making the time frames in NASD Rule 11870(b) and (e) and
NYSE Rule 412(b)(1) and (b)(3) consistent with the time frames
established by NSCC for validating or taking exception to an account
transfer instruction and for completing the transfer, respectively,
[[Page 52416]]
thereby creating greater efficiency in the account transfer process and
improving customers' experience with the account transfer process.
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\3\ 15 U.S.C. 78o-3(b)(6).
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(B) Self-Regulatory Organization's Statement on Burden on Competition
FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period: (i) As the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will:
(A) By order approve such proposed rule change or
(B) institute proceedings to determine whether the proposed rule
change should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.\4\ Comments may be submitted by any
of the following methods:
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\4\ The Commission also seeks comment on the effect of the
proposed rule change on the business relationships of introducing
firms.
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Electronic Comments
Use the Commission's Internet comment form (https://
www.sec.gov/rules/sro.shtml) or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-FINRA-2007-005 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F. Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-FINRA-2007-005. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F. Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA and on FINRA's
Web site at https://www.finra.org/web/groups/rules_regs/documents/
rule_filing/p036409.pdf. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-FINRA-2007-005 and should be submitted on or before October 4, 2007.
For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\5\
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\5\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-18075 Filed 9-12-07; 8:45 am]
BILLING CODE 8010-01-P