Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Revise the Series 55 Examination Program, 42581-42583 [2013-17014]
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Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Notices
proposed rule change from interested
persons.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69863; File No. SR–BOX–
2013–32]
Self-Regulatory Organizations; BOX
Options Exchange LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Amend
BOX Rule 7130 (Execution and Price/
Time Priority) To Adjust the NBBO
Exposure Period
June 26, 2013.
Correction
In notice document 2013–15780
beginning on page 39805 in the issue of
Tuesday, July 2, 2013, make the
following correction:
On page 39805, in the first column,
the heading is corrected to read as set
forth above.
[FR Doc. C1–2013–15780 Filed 7–15–13; 8:45 am]
BILLING CODE 1505–01–D
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69966; File No. SR–FINRA–
2013–028]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Revise the Series 55
Examination Program
emcdonald on DSK67QTVN1PROD with NOTICES
July 11, 2013.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (‘‘Act’’
or ‘‘SEA’’) 1 and Rule 19b–4
thereunder,2 notice is hereby given that
on June 27, 2013, Financial Industry
Regulatory Authority, Inc. (‘‘FINRA’’)
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
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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(i).
4 17 CFR 240.19b–4(f)(1).
2 17
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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 Equity Trader
(Series 55) examination program.5 The
proposed revisions update the material
to reflect changes to the laws, rules and
regulations covered by the examination
and to reflect the functions currently
performed by an Equity Trader. 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 55 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, the Proposed Rule
Change
1. Purpose
Section 15A(g)(3) of the Act 8
authorizes FINRA to prescribe standards
of training, experience, and competence
5 FINRA also is proposing corresponding
revisions to the Series 55 question bank. Based on
instruction from SEC staff, FINRA is submitting this
filing 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
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 SEC review.
6 The Commission notes that the content outline
is attached to the filing, not to this Notice and that
the content outline, in effect, constitutes the text of
the proposed rule change.
7 17 CFR 240.24b–2.
8 15 U.S.C. 78o–3(g)(3).
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42581
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.
Pursuant to NASD Rule 1032(f)
(Limited Representative—Equity
Trader), each associated person of a
member who is included within the
definition of representative in NASD
Rule 1031(b) (Definition of
Representative) is required to register
with FINRA as an Equity Trader if, with
respect to transactions in equity,
preferred or convertible debt securities
effected otherwise than on a securities
exchange, such person is engaged in
proprietary trading, the execution of
transactions on an agency basis or the
direct supervision of such activities.
There is an exception from the Equity
Trader requirement for any associated
person of a member whose trading
activities are conducted principally on
behalf of an investment company that is
registered with the Commission
pursuant to the Investment Company
Act of 1940 and that controls, is
controlled by, or is under common
control with the member. The Series 55
examination qualifies an individual to
function as an Equity Trader. Before
registration as an Equity Trader may
become effective, the individual must be
registered as either a General Securities
Representative (Series 7) or Corporate
Securities Representative (Series 62).
In concert with a committee of
industry representatives, FINRA
recently undertook a review of the
Series 55 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 reflect the
functions currently performed by an
Equity Trader.
Current Outline
The current content outline is divided
into four critical sections. The following
are the four sections and the number of
questions associated with each of the
sections, denoted 1 through 4:
1: NASDAQ and Over-The-Counter
Markets, 42 questions;
2: Display, Execution and Trading
Systems, 12 questions;
E:\FR\FM\16JYN1.SGM
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Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Notices
3: Trade Reporting Requirements, 22
questions; and
4: General Industry Standards, 24
questions.
Each section also includes the
applicable laws, rules and regulations
associated with that section.
Proposed Revisions
emcdonald on DSK67QTVN1PROD with NOTICES
FINRA is proposing to divide the
content outline into three major job
functions that are performed by an
Equity Trader. The following are the
three major job functions, denoted
Function 1 through Function 3, and the
number of questions associated with
each of the functions:
Function 1: Trading, 45 questions;
Function 2: Order Handling, 36
questions; and
Function 3: Record Keeping and
Regulatory Reporting, 19 questions.
Each function contains sections that
describe the areas of knowledge
required to perform that function, and
each of these areas of knowledge
contains subsections that list the laws,
rules and regulations related to that
particular area of knowledge.
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.,
NASD IM–2110–2 (Trading Ahead of
Customer Limit Order) and NASD Rule
2111 (Trading Ahead of Customer
Market Orders) were consolidated as
FINRA Rule 5320 (Prohibition Against
Trading Ahead of Customer Orders)).9
FINRA is proposing similar changes
to the Series 55 selection specifications
and question bank. The number of
questions on the Series 55 examination
will remain at 100 multiple-choice
questions,10 and candidates will
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). See also Rule Conversion Chart, available
at https://www.finra.org/Industry/Regulation/
FINRARules/p085560.
10 Consistent with FINRA’s practice of including
‘‘pre-test’’ questions on certain qualification
examinations, which is designed to ensure that new
examination questions meet acceptable testing
standards prior to use for scoring purposes, the
examination includes 10 additional, unidentified
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continue to have three hours to
complete the examination. Currently, a
score of 70 percent is required to pass
the examination. A score of 67 percent
will be required to pass the revised
examination.
Availability of Content Outlines
The current Series 55 content outline
is available on FINRA’s Web site, at
www.finra.org/brokerqualifications/
exams. The revised Series 55 content
outline will replace the current content
outline on FINRA’s Web site.
FINRA is filing the proposed rule
change for immediate effectiveness.
FINRA proposes to implement the
revised Series 55 examination program
on August 12, 2013. 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 55 examination
program are consistent with the
provisions of Section 15A(b)(6) of the
Act,11 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,12 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 reflect the functions
currently performed by an Equity
Trader.
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. The updated
examination will be more topical by
focusing on the functions currently
performed by Equity Traders, and the
knowledge—including the most recent
related laws, rules and regulations—
required to perform the functions.
Therefore, the proposed revisions
pre-test questions that do not contribute towards
the candidate’s score. Therefore, the examination
actually consists of 110 questions, 100 of which are
scored. The 10 pre-test questions are randomly
distributed throughout the examination.
11 15 U.S.C. 78o–3(b)(6).
12 15 U.S.C. 78o–3(g)(3).
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potentially would reduce the training
and compliance burden on firms that
employ Equity Traders.
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
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 13 and paragraph (f)(1) of Rule
19b–4 thereunder.14 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 email to rulecomments@sec.gov. Please include File
No. SR–FINRA–2013–028 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
20549–1090.
All submissions should refer to File No.
SR–FINRA–2013–028. This file number
should be included on the subject line
if email 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
Web site (https://www.sec.gov/rules/
sro.shtml). Copies of the submission, all
subsequent amendments, all written
13 15
14 17
E:\FR\FM\16JYN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(1).
16JYN1
Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Notices
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
10:00 a.m. and 3:00 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 No. SR–FINRA–
2013–028 and should be submitted on
or before August 6, 2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013–17014 Filed 7–15–13; 8:45 am]
Accountant, 202–205–7559
carol.fendler@sba.gov, Curtis B. Rich,
Management Analyst, 202–205–7030
curtis.rich@sba.gov.
Title: ’’Stockholders Confirmation
(Corporation) Ownership Confirmation
(Partnership)’’.
Abstract: Forms 1405 and 1405A are
used by Small Business Administration
(SBA) examiners as part of their
examination of licensed small business
investment companies (SBICs). This
information collection provides
independent third party confirmation of
an SBIC’s representations concerning its
owners, and helps SBA to evaluate the
SBIC’s compliance with applicable laws
and regulations concerning capital
requirements.
Form Number’s: 1405, 1405 A.
Annual Responses: 500.
Annual Burden: 500.
Curtis Rich,
Management Analyst.
[FR Doc. 2013–16994 Filed 7–15–13; 8:45 am]
60-Day notice and request for
comments.
ACTION:
In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Small Business
Administration’s intentions to request
approval on a new and/or currently
approved information collection.
DATES: Submit comments on or before
September 16, 2013.
ADDRESSES: Send all comments
regarding whether this information
collection is necessary for the proper
performance of the function of the
agency, whether the burden estimates
are accurate, and if there are ways to
minimize the estimated burden and
enhance the quality of the collection, to
Carol Fendler, Supervisor System
Accountant, Office of Investment, Small
Business Administration, 409 3rd Street,
6th Floor, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT:
Carol Fendler, Supervisor System
emcdonald on DSK67QTVN1PROD with NOTICES
SUMMARY:
15 17
CFR 200.30–3(a)(12).
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18:49 Jul 15, 2013
Jkt 229001
[FR Doc. 2013–17003 Filed 7–15–13; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
SMALL BUSINESS ADMINISTRATION
ACTION:
Data Collection Available for Public
Comments
SUMMARY:
In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Small Business
Administration’s intentions to request
approval on a new and/or currently
approved information collection.
DATES: Submit comments on or before
September 16, 2013.
ADDRESSES: Send all comments
regarding whether this information
collection is necessary for the proper
performance of the function of the
agency, whether the burden estimates
are accurate, and if there are ways to
minimize the estimated burden and
enhance the quality of the collection, to
Eric Wall, Financial Analyst, Office of
Financial Assistance, Small Business
Administration, 409 3rd Street, 6th
Floor, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT: Eric
Wall, Financial Analyst, 202–619–1625
eric.wall@sba.gov Curtis B. Rich,
Management Analyst, 202–205–7030
curtis.rich@sba.gov.
Title: ’’Gulf Opportunity Pilot Loan
Program (GO Loan Pilot)’’
Abstract: Since 2005 SBA has been
opening the Gulf Opportunity Pilot
Loan Program, which provides
financing to small businesses in
communities located to or re-locating in
SUMMARY:
Data Collection Available for Public
Comments
Curtis Rich,
Management Analyst.
Data Collection Available for Public
Comments
60 Day Notice and request for
comments.
SMALL BUSINESS ADMINISTRATION
the parishes/counties that were
Presidential declared disaster area as a
results of Hurricanes Katrina or Rita
plus any parishes/counties contiguous
to these parishes. This information is
collected from those parishes. This
information is collected from those
lenders and small business owners who
participate or seek to participate in the
program and is used for portfolio risk
management loan monitoring and
lender oversight.
Description of Respondents: Small
Businesses devastated by Hurricanes
Katrina and Rita.
Form Numbers: 2276, 2281, 2282.
Annual Responses: 540.
Annual Burden: 308.
BILLING CODE P
ACTION:
BILLING CODE 8011–01–P
42583
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60-Day notice and request for
comments.
In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Small Business
Administration’s intentions to request
approval on a new and/or currently
approved information collection.
DATES: Submit comments on or before
September 16, 2013.
ADDRESSES: Send all comments
regarding whether this information
collection is necessary for the proper
performance of the function of the
agency, whether the burden estimates
are accurate, and if there are ways to
minimize the estimated burden and
enhance the quality of the collection, to
Eric Wall, Financial Analyst, Office of
Financial Assistance, Small Business
Administration, 409 3rd Street, 6th
Floor, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT: Eric
Wall, Financial Analyst, 202–619–1625
eric.wall@sba.gov Curtis B. Rich,
Management Analyst, 202–205–7030
curtis.rich@sba.gov.
Title: ‘‘Secondary Participants
Guaranty Agreement’’.
Abstract: Small Business
Administration collects this information
from lenders who participate in the
secondary market program. The
information is used to facilitate and
administer secondary market
transactions in accordance with 15
U.S.C. 634(f)3 and to monitor the
program for compliance with 15 U.S.C.
639(h).
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Agencies
[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Notices]
[Pages 42581-42583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17014]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-69966; File No. SR-FINRA-2013-028]
Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Revise the Series 55 Examination Program
July 11, 2013.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``SEA'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on June 27, 2013, Financial Industry Regulatory Authority,
Inc. (``FINRA'') 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 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).
---------------------------------------------------------------------------
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 Equity Trader (Series 55) examination
program.\5\ The proposed revisions update the material to reflect
changes to the laws, rules and regulations covered by the examination
and to reflect the functions currently performed by an Equity Trader.
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 55 question bank. Based on instruction from SEC staff, FINRA
is submitting this filing 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 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 SEC review.
---------------------------------------------------------------------------
The revised content outline is attached.\6\ The Series 55 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 and that the content outline, in
effect, constitutes the text of the proposed rule change.
\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, the 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).
---------------------------------------------------------------------------
Pursuant to NASD Rule 1032(f) (Limited Representative--Equity
Trader), each associated person of a member who is included within the
definition of representative in NASD Rule 1031(b) (Definition of
Representative) is required to register with FINRA as an Equity Trader
if, with respect to transactions in equity, preferred or convertible
debt securities effected otherwise than on a securities exchange, such
person is engaged in proprietary trading, the execution of transactions
on an agency basis or the direct supervision of such activities. There
is an exception from the Equity Trader requirement for any associated
person of a member whose trading activities are conducted principally
on behalf of an investment company that is registered with the
Commission pursuant to the Investment Company Act of 1940 and that
controls, is controlled by, or is under common control with the member.
The Series 55 examination qualifies an individual to function as an
Equity Trader. Before registration as an Equity Trader may become
effective, the individual must be registered as either a General
Securities Representative (Series 7) or Corporate Securities
Representative (Series 62).
In concert with a committee of industry representatives, FINRA
recently undertook a review of the Series 55 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 reflect the functions currently
performed by an Equity Trader.
Current Outline
The current content outline is divided into four critical sections.
The following are the four sections and the number of questions
associated with each of the sections, denoted 1 through 4:
1: NASDAQ and Over-The-Counter Markets, 42 questions;
2: Display, Execution and Trading Systems, 12 questions;
[[Page 42582]]
3: Trade Reporting Requirements, 22 questions; and
4: General Industry Standards, 24 questions.
Each section also includes the applicable laws, rules and
regulations associated with that section.
Proposed Revisions
FINRA is proposing to divide the content outline into three major
job functions that are performed by an Equity Trader. The following are
the three major job functions, denoted Function 1 through Function 3,
and the number of questions associated with each of the functions:
Function 1: Trading, 45 questions;
Function 2: Order Handling, 36 questions; and
Function 3: Record Keeping and Regulatory Reporting, 19 questions.
Each function contains sections that describe the areas of
knowledge required to perform that function, and each of these areas of
knowledge contains subsections that list the laws, rules and
regulations related to that particular area of knowledge.
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., NASD IM-2110-2 (Trading Ahead of
Customer Limit Order) and NASD Rule 2111 (Trading Ahead of Customer
Market Orders) were consolidated as FINRA Rule 5320 (Prohibition
Against Trading Ahead of Customer Orders)).\9\
---------------------------------------------------------------------------
\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). See also Rule Conversion Chart, available at
https://www.finra.org/Industry/Regulation/FINRARules/p085560.
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FINRA is proposing similar changes to the Series 55 selection
specifications and question bank. The number of questions on the Series
55 examination will remain at 100 multiple-choice questions,\10\ and
candidates will continue to have three hours to complete the
examination. Currently, a score of 70 percent is required to pass the
examination. A score of 67 percent will be required to pass the revised
examination.
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\10\ Consistent with FINRA's practice of including ``pre-test''
questions on certain qualification examinations, which is designed
to ensure that new examination questions meet acceptable testing
standards prior to use for scoring purposes, the examination
includes 10 additional, unidentified pre-test questions that do not
contribute towards the candidate's score. Therefore, the examination
actually consists of 110 questions, 100 of which are scored. The 10
pre-test questions are randomly distributed throughout the
examination.
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Availability of Content Outlines
The current Series 55 content outline is available on FINRA's Web
site, at www.finra.org/brokerqualifications/exams. The revised Series
55 content outline will replace the current content outline on FINRA's
Web site.
FINRA is filing the proposed rule change for immediate
effectiveness. FINRA proposes to implement the revised Series 55
examination program on August 12, 2013. 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 55
examination program are consistent with the provisions of Section
15A(b)(6) of the Act,\11\ 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,\12\ 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 reflect the functions currently performed by
an Equity Trader.
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\11\ 15 U.S.C. 78o-3(b)(6).
\12\ 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. The updated examination will be
more topical by focusing on the functions currently performed by Equity
Traders, and the knowledge--including the most recent related laws,
rules and regulations--required to perform the functions. Therefore,
the proposed revisions potentially would reduce the training and
compliance burden on firms that employ Equity Traders.
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
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \13\ and paragraph (f)(1) of Rule 19b-4
thereunder.\14\ 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.
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\13\ 15 U.S.C. 78s(b)(3)(A).
\14\ 17 CFR 240.19b-4(f)(1).
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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 email to rule-comments@sec.gov. Please include
File No. SR-FINRA-2013-028 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 20549-1090.
All submissions should refer to File No. SR-FINRA-2013-028. This file
number should be included on the subject line if email 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 Web site (https://www.sec.gov/rules/sro.shtml). Copies
of the submission, all subsequent amendments, all written
[[Page 42583]]
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 10:00 a.m. and
3:00 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 No. SR-FINRA-2013-028 and should be submitted on
or before August 6, 2013.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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\15\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-17014 Filed 7-15-13; 8:45 am]
BILLING CODE 8011-01-P