Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Revise the Series 17 Examination Program, 59759-59761 [2011-24734]
Download as PDF
Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / 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–2011–048 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65376; File No. SR–FINRA–
2011–046]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Revise the Series 17
Examination Program
September 21, 2011.
mstockstill on DSK4VPTVN1PROD with NOTICES
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 7, 2011, Financial Industry
All submissions should refer to File
Number SR–FINRA–2011–048. This file Regulatory Authority, Inc. (‘‘FINRA’’)
(f/k/a National Association of Securities
number should be included on the
subject line if e-mail is used. To help the Dealers, Inc. (‘‘NASD’’)) filed with the
Securities and Exchange Commission
Commission process and review your
(‘‘SEC’’ or ‘‘Commission’’) the proposed
comments more efficiently, please use
rule change as described in Items I and
only one method. The Commission will
II below, which Items have been
post all comments on the Commission’s prepared by FINRA. FINRA has
Internet Web site (https://www.sec.gov/
designated the proposed rule change as
rules/sro.shtml). Copies of the
‘‘constituting a stated policy, practice,
submission, all subsequent
or interpretation with respect to the
amendments, all written statements
meaning, administration, or
with respect to the proposed rule
enforcement of an existing rule’’ under
change that are filed with the
Section 19(b)(3)(A)(i) of the Act 3 and
Commission, and all written
Rule 19b–4(f)(1) thereunder,4 which
communications relating to the
renders the proposal effective upon
proposed rule change between the
receipt of this filing by the Commission.
Commission and any person, other than The Commission is publishing this
those that may be withheld from the
notice to solicit comments on the
proposed rule change from interested
public in accordance with the
persons.
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
Self-Regulatory Organization’s
printing in the Commission’s Public
Statement of the Terms of Substance of
Reference Room, 100 F Street, NE.,
the Proposed Rule Change
Washington, DC 20549, on official
FINRA is filing revisions to the
business days between the hours of 10
content outline and selection
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and specifications for the United Kingdom
Securities Representative (Series 17)
copying at the principal office of
examination program.5 The proposed
FINRA. All comments received will be
revisions update the material to reflect
posted without change; the Commission changes to the laws, rules and
does not edit personal identifying
regulations covered by the examination
information from submissions. You
and to better reflect the functions and
should submit only information that
associated tasks performed by a United
you wish to make available publicly. All Kingdom Securities Representative and
submissions should refer to File
1 15 U.S.C. 78s(b)(1).
Number SR–FINRA–2011–048 and
2 17 CFR 240.19b–4.
should be submitted on or before
3 15 U.S.C. 78s(b)(3)(A)(i).
October 18, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–24733 Filed 9–26–11; 8:45 am]
BILLING CODE 8011–01–P
19 17
CFR 200.30–3(a)(12).
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4 17
CFR 240.19b–4(f)(1).
also is proposing corresponding
revisions to the Series 17 question bank, but based
upon instruction from the Commission staff, FINRA
is submitting SR–FINRA–2011–046 for immediate
effectiveness pursuant to Section 19(b)(3)(A) of the
Act and Rule 19b–4(f)(1) thereunder, and is not
filing the question bank for Commission review. See
Letter to Alden S. Adkins, Senior Vice President
and General Counsel, NASD Regulation, from
Belinda Blaine, Associate Director, Division of
Market Regulation, SEC, dated July 24, 2000. The
question bank is available for Commission review.
5 FINRA
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
59759
the relationships between the different
components of the outline. FINRA is not
proposing any textual changes to the ByLaws, Schedules to the By-Laws, or
Rules of FINRA.
The revised content outline is
attached.6 The Series 17 selection
specifications have been submitted to
the Commission under separate cover
with a request for confidential treatment
pursuant to SEA Rule 24b–2.7
The text of the proposed rule change
is available on FINRA’s Web site at
https://www.finra.org, at the principal
office of FINRA and at the
Commission’s Public Reference Room.
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 such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, Proposed Rule
Change
1. Purpose
Section 15A(g)(3) of the Act 8
authorizes FINRA to prescribe standards
of training, experience, and competence
for persons associated with FINRA
members. In accordance with that
provision, FINRA has developed
examinations that are designed to
establish that persons associated with
FINRA members have attained specified
levels of competence and knowledge,
consistent with applicable registration
requirements under FINRA Rules.
FINRA periodically reviews the content
of the examinations to determine
whether revisions are necessary or
appropriate in view of changes
pertaining to the subject matter covered
by the examinations.
NASD Rules and the rules
incorporated from NYSE 9 require that a
6 The Commission notes that the content outline
is attached to the filing, not to this Notice.
7 17 CFR 240.24b–2.
8 15 U.S.C. 78o–3(g)(3).
9 The current FINRA rulebook consists of (1)
FINRA Rules; (2) NASD Rules; and (3) rules
incorporated from NYSE (‘‘Incorporated NYSE
Rules’’) (together, the NASD Rules and Incorporated
NYSE Rules are referred to as the ‘‘Transitional
Rulebook’’). While the NASD Rules generally apply
E:\FR\FM\27SEN1.SGM
Continued
27SEN1
59760
Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Notices
‘‘representative,’’ as defined in the
respective rules,10 register and qualify
as a General Securities Representative,11
subject to certain exceptions. For those
representatives who are not engaged in
municipal securities activities, the
NASD and NYSE Rules provide that
registration and qualification as a
United Kingdom Securities
Representative is equivalent to
registration and qualification as a
General Securities Representative.12
The Series 17 examination is the
FINRA examination that qualifies an
individual to function as a United
Kingdom Securities Representative.13
A committee of industry
representatives, together with FINRA
staff, recently undertook a review of the
Series 17 examination program. As a
result of this review, FINRA is
proposing to make revisions to the
content outline to reflect changes to the
laws, rules and regulations covered by
the examination and to better reflect the
functions and associated tasks
performed by a United Kingdom
Securities Representative and the
relationship between the different
components of the content outline.
Current Outline
mstockstill on DSK4VPTVN1PROD with NOTICES
The current Series 17 content outline
is divided into five critical functions
performed by a United Kingdom
Securities Representative. The following
are the number of questions associated
with each of the five functions, denoted
1 through 5:
1: 8 questions.
2: 28 questions.
3: 24 questions.
4: 33 questions.
5: 7 questions.
to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that
are also members of the NYSE (‘‘Dual Members’’).
The FINRA Rules apply to all FINRA members,
unless such rules have a more limited application
by their terms. For more information about the
rulebook consolidation process, see Information
Notice, March 12, 2008 (Rulebook Consolidation
Process). For convenience, the Incorporated NYSE
Rules are referred to as the NYSE Rules.
10 See NASD Rule 1031(b) and NYSE Rule 10.
11 See NASD Rules 1031(a) and 1032(a); NYSE
Rules 345.10 and 345.15(2); and NYSE Rule
Interpretation 345.15/02.
12 See NASD Rule 1032(a)(2)(B) and NYSE
Information Memorandum 91–09 (March 1991).
FINRA is filing proposed revisions to the Series 7
examination program in conjunction with this
filing. See SR–FINRA–2011–045.
13 Candidates must also satisfy certain
prerequisite training and competence requirements
of the United Kingdom’s Financial Services
Authority (‘‘FSA’’) and be registered and in good
standing with the FSA. More information regarding
the prerequisite requirements is available on
FINRA’s Web site at: https://www.finra.org/Industry/
Compliance/Registration/QualificationsExams/
RegisteredReps/Qualifications/P121264.
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16:35 Sep 26, 2011
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Each function also includes the tasks
associated with performing that
function. Further, the outline includes a
section listing the applicable laws, rules
and regulations with cross-references to
the related functions and associated
tasks.
Proposed Revisions
FINRA is proposing to divide the
Series 17 content outline into five major
job functions performed by a United
Kingdom Securities Representative. The
following are the five major job
functions, denoted F1 through F5, and
the number of questions associated with
each of the five functions:
F1: Seeks Business for the BrokerDealer through Customers and Potential
Customers, 20 questions;
F2: Evaluates Customers’ Other
Security Holdings, Financial Situation
and Needs, Financial Status, Tax Status,
and Investment Objectives, 15
questions;
F3: Opens Accounts, Transfers Assets,
and Maintains Appropriate Account
Records, 25 questions;
F4: Provides Customers with
Information on Investments and Makes
Suitable Recommendations, 20
questions; and
F5: Obtains and Verifies Customer’s
Purchase and Sales Instructions, Enters
Orders, and Follows Up, 20 questions.
Additionally, each job function
includes certain tasks describing
activities associated with performing
that function. FINRA is proposing to
revise the outline to better reflect the
functions and associated tasks
performed by a United Kingdom
Securities Representative.
The revised content outline also
includes a knowledge section describing
the underlying knowledge required to
perform the major job functions and
associated tasks and a rule section
listing the laws, rules and regulations
related to the job functions, associated
tasks and knowledge statements. There
are cross-references within each section
to the other applicable sections.
As noted above, FINRA also is
proposing to revise the content outline
to reflect changes to the laws, rules and
regulations covered by the examination.
Among other revisions, FINRA is
proposing to revise the content outline
to reflect the adoption of rules in the
consolidated FINRA rulebook (e.g.,
FINRA Rule 3240 (Borrowing From or
Lending to Customers)).
FINRA is proposing similar changes
to the Series 17 selection specifications
and question bank. The number of
questions on the Series 17 examination
will remain at 100 multiple-choice
questions. However, candidates will
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
have 150 minutes (21⁄2 hours) to
complete the examination, whereas
today they have two hours to complete
the examination.
Currently, a score of 70 percent is
required to pass the examination. A
score of 72 percent will be required to
pass the revised examination.
Availability of Content Outlines
The revised Series 17 content outline
will be available on FINRA’s Web site,
at https://www.finra.org/
brokerqualifications/exams.
FINRA is filing the proposed rule
change for immediate effectiveness.
FINRA proposes to implement the
revised Series 17 examination program
on November 7, 2011. FINRA will
announce the proposed rule change and
the implementation date in a Regulatory
Notice.
2. Statutory Basis
FINRA believes that the proposed
revisions to the Series 17 examination
program are consistent with the
provisions of Section 15A(b)(6) of the
Act,14 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, and
Section 15A(g)(3) of the Act,15 which
authorizes FINRA to prescribe standards
of training, experience, and competence
for persons associated with FINRA
members. FINRA believes that the
proposed revisions will further these
purposes by updating the examination
program to reflect changes to the laws,
rules and regulations covered by the
examination and to better reflect the
functions and associated tasks
performed by a United Kingdom
Securities Representative.
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.
14 15
15 15
E:\FR\FM\27SEN1.SGM
U.S.C. 78o–3(b)(6).
U.S.C. 78o–3(g)(3).
27SEN1
Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Notices
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 16 and paragraph (f)(1) of Rule
19b–4 thereunder.17 FINRA proposes to
implement the revised Series 17
examination program on November 7,
2011. FINRA will announce the
implementation date in a Regulatory
Notice.
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or 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.
Comments may be submitted by any of
the following methods:
mstockstill on DSK4VPTVN1PROD with NOTICES
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–2011–046 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549.
All submissions should refer to File
Number SR–FINRA–2011–046. 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 Web site viewing and
printing 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. 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–2011–046 and
should be submitted on or before
October 18, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–24734 Filed 9–26–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65374; File No. SR–FINRA–
2011–047]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Revise the Series 37
Examination Program
September 21, 2011.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 7, 2011, Financial Industry
Regulatory Authority, Inc. (‘‘FINRA’’)
(f/k/a National Association of Securities
Dealers, Inc. (‘‘NASD’’)) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I, II,
and III below, which Items have been
prepared by FINRA. FINRA has
designated the proposed rule change as
‘‘constituting a stated policy, practice,
or interpretation with respect to the
meaning, administration, or
enforcement of an existing rule’’ under
Section 19(b)(3)(A)(i) of the Act 3 and
18 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(i).
1 15
16 15
17 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(1).
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16:35 Sep 26, 2011
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PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
59761
Rule 19b–4(f)(1) thereunder,4 which
renders the proposal effective upon
receipt of this filing by the Commission.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
FINRA is filing revisions to the
content outline and selection
specifications for the Canada Securities
Representative (Series 37) examination
program.5 The proposed revisions
update the material to reflect changes to
the laws, rules and regulations covered
by the examination and to better reflect
the functions and associated tasks
performed by a Canada Securities
Representative and the relationships
between the different components of the
outline. FINRA is not proposing any
textual changes to the By-Laws,
Schedules to the By-Laws, or Rules of
FINRA.
The revised content outline is
attached.6 The Series 37 selection
specifications have been submitted to
the Commission under separate cover
with a request for confidential treatment
pursuant to SEA Rule 24b–2.7
The text of the proposed rule change
is available on FINRA’s Web site at
https://www.finra.org, at the principal
office of FINRA and at the
Commission’s Public Reference Room.
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 such statements.
4 17
CFR 240.19b–4(f)(1).
also is proposing corresponding
revisions to the Series 37 question bank, but based
upon instruction from the Commission staff, FINRA
is submitting SR–FINRA–2011–047 for immediate
effectiveness pursuant to Section 19(b)(3)(A) of the
Act and Rule 19b–4(f)(1) thereunder, and is not
filing the question bank for Commission review. See
Letter to Alden S. Adkins, Senior Vice President
and General Counsel, NASD Regulation, from
Belinda Blaine, Associate Director, Division of
Market Regulation, SEC, dated July 24, 2000. The
question bank is available for Commission review.
6 The Commission notes that the content outline
is attached to the filing, not to this Notice.
7 17 CFR 240.24b–2.
5 FINRA
E:\FR\FM\27SEN1.SGM
27SEN1
Agencies
[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59759-59761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24734]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-65376; File No. SR-FINRA-2011-046]
Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Revise the Series 17 Examination Program
September 21, 2011.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 7, 2011, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as ``constituting a stated policy, practice,
or interpretation with respect to the meaning, administration, or
enforcement of an existing rule'' under Section 19(b)(3)(A)(i) of the
Act \3\ and Rule 19b-4(f)(1) thereunder,\4\ which renders the proposal
effective upon receipt of this filing by the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(i).
\4\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------
Self-Regulatory Organization's Statement of the Terms of Substance of
the Proposed Rule Change
FINRA is filing revisions to the content outline and selection
specifications for the United Kingdom Securities Representative (Series
17) examination program.\5\ The proposed revisions update the material
to reflect changes to the laws, rules and regulations covered by the
examination and to better reflect the functions and associated tasks
performed by a United Kingdom Securities Representative and the
relationships between the different components of the outline. FINRA is
not proposing any textual changes to the By-Laws, Schedules to the By-
Laws, or Rules of FINRA.
---------------------------------------------------------------------------
\5\ FINRA also is proposing corresponding revisions to the
Series 17 question bank, but based upon instruction from the
Commission staff, FINRA is submitting SR-FINRA-2011-046 for
immediate effectiveness pursuant to Section 19(b)(3)(A) of the Act
and Rule 19b-4(f)(1) thereunder, and is not filing the question bank
for Commission review. See Letter to Alden S. Adkins, Senior Vice
President and General Counsel, NASD Regulation, from Belinda Blaine,
Associate Director, Division of Market Regulation, SEC, dated July
24, 2000. The question bank is available for Commission review.
---------------------------------------------------------------------------
The revised content outline is attached.\6\ The Series 17 selection
specifications have been submitted to the Commission under separate
cover with a request for confidential treatment pursuant to SEA Rule
24b-2.\7\
---------------------------------------------------------------------------
\6\ The Commission notes that the content outline is attached to
the filing, not to this Notice.
\7\ 17 CFR 240.24b-2.
---------------------------------------------------------------------------
The text of the proposed rule change is available on FINRA's Web
site at https://www.finra.org, at the principal office of FINRA and at
the Commission's Public Reference Room.
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 such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, Proposed Rule Change
1. Purpose
Section 15A(g)(3) of the Act \8\ authorizes FINRA to prescribe
standards of training, experience, and competence for persons
associated with FINRA members. In accordance with that provision, FINRA
has developed examinations that are designed to establish that persons
associated with FINRA members have attained specified levels of
competence and knowledge, consistent with applicable registration
requirements under FINRA Rules. FINRA periodically reviews the content
of the examinations to determine whether revisions are necessary or
appropriate in view of changes pertaining to the subject matter covered
by the examinations.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78o-3(g)(3).
---------------------------------------------------------------------------
NASD Rules and the rules incorporated from NYSE \9\ require that a
[[Page 59760]]
``representative,'' as defined in the respective rules,\10\ register
and qualify as a General Securities Representative,\11\ subject to
certain exceptions. For those representatives who are not engaged in
municipal securities activities, the NASD and NYSE Rules provide that
registration and qualification as a United Kingdom Securities
Representative is equivalent to registration and qualification as a
General Securities Representative.\12\
---------------------------------------------------------------------------
\9\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process). For convenience, the Incorporated NYSE Rules
are referred to as the NYSE Rules.
\10\ See NASD Rule 1031(b) and NYSE Rule 10.
\11\ See NASD Rules 1031(a) and 1032(a); NYSE Rules 345.10 and
345.15(2); and NYSE Rule Interpretation 345.15/02.
\12\ See NASD Rule 1032(a)(2)(B) and NYSE Information Memorandum
91-09 (March 1991). FINRA is filing proposed revisions to the Series
7 examination program in conjunction with this filing. See SR-FINRA-
2011-045.
---------------------------------------------------------------------------
The Series 17 examination is the FINRA examination that qualifies
an individual to function as a United Kingdom Securities
Representative.\13\
---------------------------------------------------------------------------
\13\ Candidates must also satisfy certain prerequisite training
and competence requirements of the United Kingdom's Financial
Services Authority (``FSA'') and be registered and in good standing
with the FSA. More information regarding the prerequisite
requirements is available on FINRA's Web site at: https://www.finra.org/Industry/Compliance/Registration/QualificationsExams/RegisteredReps/Qualifications/P121264.
---------------------------------------------------------------------------
A committee of industry representatives, together with FINRA staff,
recently undertook a review of the Series 17 examination program. As a
result of this review, FINRA is proposing to make revisions to the
content outline to reflect changes to the laws, rules and regulations
covered by the examination and to better reflect the functions and
associated tasks performed by a United Kingdom Securities
Representative and the relationship between the different components of
the content outline.
Current Outline
The current Series 17 content outline is divided into five critical
functions performed by a United Kingdom Securities Representative. The
following are the number of questions associated with each of the five
functions, denoted 1 through 5:
1: 8 questions.
2: 28 questions.
3: 24 questions.
4: 33 questions.
5: 7 questions.
Each function also includes the tasks associated with performing
that function. Further, the outline includes a section listing the
applicable laws, rules and regulations with cross-references to the
related functions and associated tasks.
Proposed Revisions
FINRA is proposing to divide the Series 17 content outline into
five major job functions performed by a United Kingdom Securities
Representative. The following are the five major job functions, denoted
F1 through F5, and the number of questions associated with each of the
five functions:
F1: Seeks Business for the Broker-Dealer through Customers and
Potential Customers, 20 questions;
F2: Evaluates Customers' Other Security Holdings, Financial
Situation and Needs, Financial Status, Tax Status, and Investment
Objectives, 15 questions;
F3: Opens Accounts, Transfers Assets, and Maintains Appropriate
Account Records, 25 questions;
F4: Provides Customers with Information on Investments and Makes
Suitable Recommendations, 20 questions; and
F5: Obtains and Verifies Customer's Purchase and Sales
Instructions, Enters Orders, and Follows Up, 20 questions.
Additionally, each job function includes certain tasks describing
activities associated with performing that function. FINRA is proposing
to revise the outline to better reflect the functions and associated
tasks performed by a United Kingdom Securities Representative.
The revised content outline also includes a knowledge section
describing the underlying knowledge required to perform the major job
functions and associated tasks and a rule section listing the laws,
rules and regulations related to the job functions, associated tasks
and knowledge statements. There are cross-references within each
section to the other applicable sections.
As noted above, FINRA also is proposing to revise the content
outline to reflect changes to the laws, rules and regulations covered
by the examination. Among other revisions, FINRA is proposing to revise
the content outline to reflect the adoption of rules in the
consolidated FINRA rulebook (e.g., FINRA Rule 3240 (Borrowing From or
Lending to Customers)).
FINRA is proposing similar changes to the Series 17 selection
specifications and question bank. The number of questions on the Series
17 examination will remain at 100 multiple-choice questions. However,
candidates will have 150 minutes (2\1/2\ hours) to complete the
examination, whereas today they have two hours to complete the
examination.
Currently, a score of 70 percent is required to pass the
examination. A score of 72 percent will be required to pass the revised
examination.
Availability of Content Outlines
The revised Series 17 content outline will be available on FINRA's
Web site, at https://www.finra.org/brokerqualifications/exams.
FINRA is filing the proposed rule change for immediate
effectiveness. FINRA proposes to implement the revised Series 17
examination program on November 7, 2011. FINRA will announce the
proposed rule change and the implementation date in a Regulatory
Notice.
2. Statutory Basis
FINRA believes that the proposed revisions to the Series 17
examination program are consistent with the provisions of Section
15A(b)(6) of the Act,\14\ 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, and
Section 15A(g)(3) of the Act,\15\ which authorizes FINRA to prescribe
standards of training, experience, and competence for persons
associated with FINRA members. FINRA believes that the proposed
revisions will further these purposes by updating the examination
program to reflect changes to the laws, rules and regulations covered
by the examination and to better reflect the functions and associated
tasks performed by a United Kingdom Securities Representative.
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\14\ 15 U.S.C. 78o-3(b)(6).
\15\ 15 U.S.C. 78o-3(g)(3).
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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.
[[Page 59761]]
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \16\ and paragraph (f)(1) of Rule 19b-4
thereunder.\17\ FINRA proposes to implement the revised Series 17
examination program on November 7, 2011. FINRA will announce the
implementation date in a Regulatory Notice.
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\16\ 15 U.S.C. 78s(b)(3)(A).
\17\ 17 CFR 240.19b-4(f)(1).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or 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. Comments may be submitted by any of
the following methods:
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-2011-046 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549.
All submissions should refer to File Number SR-FINRA-2011-046. 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 Web site
viewing and printing 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.
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-2011-046
and should be submitted on or before October 18, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
\18\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-24734 Filed 9-26-11; 8:45 am]
BILLING CODE 8011-01-P