Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Content Outline for the Municipal Advisor Representative Qualification Examination (Series 50), 43687-43689 [2016-15759]
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Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices
proposals. Based on the foregoing, the
Commission believes that it is
consistent with the protection of
investors and the public interest to
waive the 30-day operative date so that
the proposal may take effect upon
filing.31
At any time within 60 days of the
filing of such 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
under Section 19(b)(2)(B) of the Act 32 to
determine whether the proposed rule
change 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:
sradovich on DSK3GDR082PROD with NOTICES
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–C2–
2016–009 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File No.
SR–C2–2016–009. 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
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
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. 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–C2–2016–
009, and should be submitted on or
before July 26, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.33
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–15760 Filed 7–1–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78186; File No. SR–MSRB–
2016–08]
Self-Regulatory Organizations;
Municipal Securities Rulemaking
Board; Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change Relating to the Content Outline
for the Municipal Advisor
Representative Qualification
Examination (Series 50)
June 28, 2016.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’ or ‘‘Exchange Act’’) 1 and Rule
19b–4 thereunder,2 notice is hereby
given that on June 15, 2016 the
Municipal Securities Rulemaking Board
(the ‘‘MSRB’’ or ‘‘Board’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the MSRB. The MSRB 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
31 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
32 15 U.S.C. 78s(b)(2)(B).
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PO 00000
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).
4 17 CFR 240.19b–4(f)(1).
43687
renders the proposal effective upon
receipt of this filing by the
Commission.5 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
The MSRB filed with the Commission
proposed revisions to the content
outline for the Municipal Advisor
Representative Qualification
Examination (Series 50) (the ‘‘proposed
rule change’’). The MSRB proposes to
implement the revised Series 50
examination program on September 12,
2016. The proposed revisions to the
content outline update the material to
reflect changes to the laws, rules and
regulations covered by the examination
and to incorporate the functions and
associated tasks currently performed by
a Municipal Advisor Representative. As
a result of recent changes to MSRB
rules, revisions to the Series 50 content
outline are necessary to indicate the
current rule requirements and rule
citations. In addition, the Board is
proposing to make changes to the format
of the content outline. The MSRB is not
proposing in this filing any textual
changes to its rules.
The text of the proposed rule change
is available on the MSRB’s Web site at
www.msrb.org/Rules-andInterpretations/SEC-Filings/2016Filings.aspx, at the MSRB’s principal
office, 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, the
MSRB 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. The MSRB has
prepared summaries, set forth in
Sections A, B, and C below, of the most
significant aspects of such statements.
33 17
1 15
Frm 00118
Fmt 4703
Sfmt 4703
5 See also letter to Diane G. Klinke, General
Counsel, MSRB, from Belinda Blaine, Associate
Director, Division of Market Regulation, SEC, dated
July 24, 2000, attached as Exhibit 3b.
E:\FR\FM\05JYN1.SGM
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Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
sradovich on DSK3GDR082PROD with NOTICES
Section 15B(b)(2)(L)(iii) of the Act
requires the MSRB to establish
professional standards for municipal
advisors.6 The Act further requires
associated persons of municipal
advisors to pass such examinations as
the Board may establish to demonstrate
that such individuals meet the
standards as the Board finds necessary
or appropriate in the public interest or
for the protection of investors and
municipal entities or obligated persons.7
A professional qualification
examination is intended to determine
whether an individual meets the
MSRB’s basic qualification standards for
a particular registration category. The
examination measures a candidate’s
knowledge of the business activities, as
well as the regulatory requirements,
including MSRB rules, SEC rules, rule
interpretations and other federal law,
applicable to a particular registration
category.
MSRB Rule G–3(d) defines a
municipal advisor representative as a
natural person associated with a
municipal advisor who engages in
municipal advisory activities on the
municipal advisor’s behalf, other than a
person performing only clerical,
administrative, support or similar
functions. Pursuant to MSRB Rule G–
3(d), every Municipal Advisor
Representative is required to pass the
Municipal Advisor Representative
Qualification Examination prior to
acting in such capacity.
The Series 50 examination will
consist of 100 multiple-choice
questions. Candidates are allowed 180
minutes to complete the examination.8
Consistent with other financial
regulatory qualification examinations,
candidates may receive (at the option of
their firm) an informational breakdown
of their performance on each section of
the examination and their pass/fail
status at the completion of the testing
session. The passing score for the Series
50 examination is 71%.
6 15
U.S.C. 78o–4(b)(2)(L)(iii).
7 See Section 15B(b)(2)(A)(iii) of the Act, 15
U.S.C. 78o–4(b)(2)(A)(iii).
8 Prior to beginning the examination, candidates
will receive a tutorial on how to complete the
computerized examination. Candidates will be
given 30 minutes to complete the tutorial in
addition to the 180 minutes allowed to complete
the examination.
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Current Content Outline
The Series 50 examination content
outline has been prepared to assist
municipal advisor representative
candidates in preparing for the Series 50
examination and is available on the
MSRB’s Web site. The Series 50
examination content outline describes
the following five topical sections
comprising the examination:
(1) Understanding SEC and MSRB
Rules Regarding Municipal Advisors (12
questions);
(2) Understanding Municipal Finance
(35 questions);
(3) Performing Issuer’s Credit
Analysis and Due Diligence (12
questions);
(4) Structuring, Pricing and Executing
Municipal Debt Products (31 questions);
and
(5) Understanding Requirements
Related to the Issuance of Municipal
Debt (10 questions).
The reference materials section of the
Series 50 examination content outline is
intended to provide candidates with a
list of resources, which when used in
conjunction with the Series 50
examination content outline, can assist
candidates in preparing for the Series 50
examination. The reference materials
were recommended by municipal
advisors as having been helpful
resources in carrying out the job
functions of a municipal advisor. The
reference materials are not intended to
be all-inclusive, nor are the reference
materials intended to specifically
represent content that may be covered
on the examination.
Proposed Revisions
As a result of recent changes to MSRB
rules, revisions to the Series 50 content
outline are necessary to indicate the
current rule requirements and rule
citations. A summary of the changes to
the content outline for the Series 50
examination, detailed by major topic
headings, is provided below:
Introduction
• The passing score of 71% as
approved by the Board was added to the
introduction section of the outline.
Function 1: Understanding SEC and
MSRB Rules Regarding Municipal
Advisors
1.1.3 MSRB Rules Governing
Activities of Municipal Advisors (e.g.,
Professional Qualification; Fiduciary
Duty; Recordkeeping)
• The rule reference to ‘‘MSRB Rule
G–32 Disclosure in Connection with
Primary Offerings’’ is being removed
from the outline.
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
• The rule reference to ‘‘MSRB Rule
G–20 Gifts, Gratuities, Non-Cash
Compensation and Expenses of
Issuance’’ is being added to the content
outline to reflect the applicability of
Rule G–20 to municipal advisors.
• The rule reference to ‘‘MSRB Rule
G–37 Political Contributions and
Prohibitions on Municipal Securities
Business and Municipal Advisory
Business’’ is being added to the content
outline to reflect the applicability of
Rule G–37 to municipal advisors.
• The rule reference to ‘‘MSRB Rule
G–42 Duties of Non-Solicitor Municipal
Advisors’’ is being added to the content
outline to reflect the applicability of
Rule G–42 to municipal advisors.
Function 2: Understanding Municipal
Finance
2.1.5 Rating Agencies
• The reference to ‘‘(major (three)’’
rating agencies is being removed from
the content outline.
Sample Questions
• Sample questions 2, 3, and 4 were
replaced with updated sample
questions.
2. Statutory Basis
Section 15B(b)(2)(A) of the Act
authorizes the MSRB to prescribe
standards of training, experience,
competence, and such other
qualifications for associated persons of
municipal advisors as the Board finds
necessary or appropriate in the public
interest or for the protection of investors
and municipal entities or obligated
persons.9 Section 15B(b)(2)(A)(i)–(iii) of
the Act also provides that the Board
may appropriately classify municipal
advisors and persons associated with
municipal advisors and require persons
in any such class to pass tests
prescribed by the Board.10
The MSRB believes that the proposed
rule change is consistent with the
provisions of Section 15(B)(b)(2)(A) of
the Act 11 in that the revisions will
ensure that certain key concepts and
rules are tested on the Series 50
examination in order to test the
competency of individuals seeking to
qualify as Municipal Advisor
Representatives with respect to their
knowledge of MSRB rules and the
municipal securities market.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The MSRB does not believe that the
proposed rule change will result in any
9 15
U.S.C. 78o–4(b)(2)(A).
U.S.C. 78o–4(b)(2)(A)(i)–(iii).
11 15 U.S.C. 78o–4(b)(2)(A).
10 15
E:\FR\FM\05JYN1.SGM
05JYN1
Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The updated
Series 50 examination content outline
aligns with the functions and associated
tasks currently performed by Municipal
Advisor Representatives and tests
knowledge of the most current laws,
rules, and regulations and skills relevant
to those functions and associated tasks.
As such, the proposed rule change
would make the Series 50 examination
more efficient and effective.
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 on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change
has become effective pursuant to
Section 19(b)(3)(A) of the Act 12 and
paragraph (f)(1) of Rule 19b–4
thereunder.13 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.
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:
sradovich on DSK3GDR082PROD with NOTICES
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 Number SR–
MSRB–2016–08 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549.
All submissions should refer to File
Number SR–MSRB–2016–08. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
12 15
13 17
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
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the MSRB. 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–MSRB–
2016–08 and should be submitted on or
before July 26, 2016.
For the Commission, pursuant to delegated
authority.14
Robert W. Errett,
Deputy Secretary.
17:27 Jul 01, 2016
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78178; File No. SR–BYX–
2012–019]
Self-Regulatory Organization; BATS
BYX-Exchange, Inc.; Order Granting an
Extension to Limited Exemption From
Rule 612(c) of Regulation NMS in
Connection With the Exchange’s Retail
Price Improvement Program
June 28, 2016.
On November 27, 2012, the Securities
and Exchange Commission
(‘‘Commission’’) issued an order
pursuant to its authority under Rule
612(c) of Regulation NMS (‘‘Sub-Penny
Rule’’) 1 that granted the BATS BYX–
Exchange, Inc. (‘‘BYX’’ or the
‘‘Exchange’’) a limited exemption from
the Sub-Penny Rule in connection with
the operation of the Exchange’s Retail
14 17
1 17
Jkt 238001
Price Improvement (‘‘RPI’’) Program (the
‘‘Program’’). The limited exemption was
granted concurrently with the
Commission’s approval of the
Exchange’s proposal to adopt the
Program for a one-year pilot term.2 The
exemption was granted coterminous
with the effectiveness of the pilot
Program and has been extended three
times; 3 both the pilot Program and
exemption are scheduled to expire on
July 31, 2016.
The Exchange now seeks to extend
the exemption until July 31, 2017.4 The
Exchange’s request was made in
conjunction with an immediately
effective filing that extends the
operation of the Program until July 31,
2017.5 In its request to extend the
exemption, the Exchange notes that the
Program was implemented gradually
over time. Accordingly, the Exchange
has asked for additional time to allow
itself and the Commission to analyze
data concerning the Program, which the
Exchange committed to provide to the
Commission, as well as to allow
additional opportunities for greater
participation in the Program.6 For this
reason and the reasons stated in the
Order originally granting the limited
exemption, the Commission finds that
extending the exemption, pursuant to its
authority under Rule 612(c) of
Regulation NMS, is appropriate in the
public interest and consistent with the
protection of investors.
THEREFORE, IT IS HEREBY
ORDERED, that, pursuant to Rule 612(c)
[FR Doc. 2016–15759 Filed 7–1–16; 8:45 am]
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(1).
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43689
PO 00000
CFR 200.30–3(a)(12).
CFR 242.612(c).
Frm 00120
Fmt 4703
Sfmt 4703
2 See Securities Exchange Act Release No. 68303
(November 27, 2012), 77 FR 71652 (December 3,
2012) (‘‘RPI Approval Order’’) (SR–BXY–2012–019).
3 See Securities Exchange Act Release Nos. 71249
(January 7, 2014), 79 FR 2229 (January 13, 2012)
(SR–BYX–2014–001) (Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change
to Extend the Pilot Period for the RPI); 71250
(January 7, 2014), 79 FR 2234 (January 13, 2012)
(Order Granting an Extension to Limited Exemption
From Rule 612(c) of Regulation NMS in Connection
With the Exchange’s Retail Price Improvement
Program); 74111 (January 22, 2015), 80 FR 4598
(January 28, 2015) (SR–BYX–2015–05) (Notice of
Filing and Immediate Effectiveness of a Proposed
Rule Change to Extend the Pilot Period for the RPI);
and 74115 (January 22, 2015), 80 FR 4324 (January
27, 2015) (Order Granting an Extension to Limited
Exemption From Rule 612(c) of Regulation NMS in
Connection With the Exchange’s Retail Price
Improvement Program); 76965 (January 22, 2016),
81 FR 4682 (January 27, 2016) (SR–BYX–2016–01)
(Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change to Extend the Pilot Period for
the RPI); 76953 (January 21, 2016), 81 FR 4728
(January 27, 2016) (Order Granting an Extension to
Limited Exemption From Rule 612(c) of Regulation
NMS in Connection With the Exchange’s Retail
Price Improvement Program).
4 See letter from Anders Franzon, Senior Vice
President and Associate General Counsel, BYX, to
Brent J. Fields, Secretary, Commission, dated June
23, 2016.
5 See SR-BatsBYX–2016–15.
6 See RPI Approval Order, supra note 2, at 77 FR
at 71657.
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Agencies
[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43687-43689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15759]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-78186; File No. SR-MSRB-2016-08]
Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change Relating to the Content Outline for the Municipal Advisor
Representative Qualification Examination (Series 50)
June 28, 2016.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\
notice is hereby given that on June 15, 2016 the Municipal Securities
Rulemaking Board (the ``MSRB'' or ``Board'') filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the MSRB. The MSRB 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.\5\ 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).
\5\ See also letter to Diane G. Klinke, General Counsel, MSRB,
from Belinda Blaine, Associate Director, Division of Market
Regulation, SEC, dated July 24, 2000, attached as Exhibit 3b.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The MSRB filed with the Commission proposed revisions to the
content outline for the Municipal Advisor Representative Qualification
Examination (Series 50) (the ``proposed rule change''). The MSRB
proposes to implement the revised Series 50 examination program on
September 12, 2016. The proposed revisions to the content outline
update the material to reflect changes to the laws, rules and
regulations covered by the examination and to incorporate the functions
and associated tasks currently performed by a Municipal Advisor
Representative. As a result of recent changes to MSRB rules, revisions
to the Series 50 content outline are necessary to indicate the current
rule requirements and rule citations. In addition, the Board is
proposing to make changes to the format of the content outline. The
MSRB is not proposing in this filing any textual changes to its rules.
The text of the proposed rule change is available on the MSRB's Web
site at www.msrb.org/Rules-and-Interpretations/SEC-Filings/2016-Filings.aspx, at the MSRB's principal office, 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, the MSRB 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. The MSRB has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.
[[Page 43688]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
Section 15B(b)(2)(L)(iii) of the Act requires the MSRB to establish
professional standards for municipal advisors.\6\ The Act further
requires associated persons of municipal advisors to pass such
examinations as the Board may establish to demonstrate that such
individuals meet the standards as the Board finds necessary or
appropriate in the public interest or for the protection of investors
and municipal entities or obligated persons.\7\ A professional
qualification examination is intended to determine whether an
individual meets the MSRB's basic qualification standards for a
particular registration category. The examination measures a
candidate's knowledge of the business activities, as well as the
regulatory requirements, including MSRB rules, SEC rules, rule
interpretations and other federal law, applicable to a particular
registration category.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78o-4(b)(2)(L)(iii).
\7\ See Section 15B(b)(2)(A)(iii) of the Act, 15 U.S.C. 78o-
4(b)(2)(A)(iii).
---------------------------------------------------------------------------
MSRB Rule G-3(d) defines a municipal advisor representative as a
natural person associated with a municipal advisor who engages in
municipal advisory activities on the municipal advisor's behalf, other
than a person performing only clerical, administrative, support or
similar functions. Pursuant to MSRB Rule G-3(d), every Municipal
Advisor Representative is required to pass the Municipal Advisor
Representative Qualification Examination prior to acting in such
capacity.
The Series 50 examination will consist of 100 multiple-choice
questions. Candidates are allowed 180 minutes to complete the
examination.\8\ Consistent with other financial regulatory
qualification examinations, candidates may receive (at the option of
their firm) an informational breakdown of their performance on each
section of the examination and their pass/fail status at the completion
of the testing session. The passing score for the Series 50 examination
is 71%.
---------------------------------------------------------------------------
\8\ Prior to beginning the examination, candidates will receive
a tutorial on how to complete the computerized examination.
Candidates will be given 30 minutes to complete the tutorial in
addition to the 180 minutes allowed to complete the examination.
---------------------------------------------------------------------------
Current Content Outline
The Series 50 examination content outline has been prepared to
assist municipal advisor representative candidates in preparing for the
Series 50 examination and is available on the MSRB's Web site. The
Series 50 examination content outline describes the following five
topical sections comprising the examination:
(1) Understanding SEC and MSRB Rules Regarding Municipal Advisors
(12 questions);
(2) Understanding Municipal Finance (35 questions);
(3) Performing Issuer's Credit Analysis and Due Diligence (12
questions);
(4) Structuring, Pricing and Executing Municipal Debt Products (31
questions); and
(5) Understanding Requirements Related to the Issuance of Municipal
Debt (10 questions).
The reference materials section of the Series 50 examination
content outline is intended to provide candidates with a list of
resources, which when used in conjunction with the Series 50
examination content outline, can assist candidates in preparing for the
Series 50 examination. The reference materials were recommended by
municipal advisors as having been helpful resources in carrying out the
job functions of a municipal advisor. The reference materials are not
intended to be all-inclusive, nor are the reference materials intended
to specifically represent content that may be covered on the
examination.
Proposed Revisions
As a result of recent changes to MSRB rules, revisions to the
Series 50 content outline are necessary to indicate the current rule
requirements and rule citations. A summary of the changes to the
content outline for the Series 50 examination, detailed by major topic
headings, is provided below:
Introduction
The passing score of 71% as approved by the Board was
added to the introduction section of the outline.
Function 1: Understanding SEC and MSRB Rules Regarding Municipal
Advisors
1.1.3 MSRB Rules Governing Activities of Municipal Advisors (e.g.,
Professional Qualification; Fiduciary Duty; Recordkeeping)
The rule reference to ``MSRB Rule G-32 Disclosure in
Connection with Primary Offerings'' is being removed from the outline.
The rule reference to ``MSRB Rule G-20 Gifts, Gratuities,
Non-Cash Compensation and Expenses of Issuance'' is being added to the
content outline to reflect the applicability of Rule G-20 to municipal
advisors.
The rule reference to ``MSRB Rule G-37 Political
Contributions and Prohibitions on Municipal Securities Business and
Municipal Advisory Business'' is being added to the content outline to
reflect the applicability of Rule G-37 to municipal advisors.
The rule reference to ``MSRB Rule G-42 Duties of Non-
Solicitor Municipal Advisors'' is being added to the content outline to
reflect the applicability of Rule G-42 to municipal advisors.
Function 2: Understanding Municipal Finance
2.1.5 Rating Agencies
The reference to ``(major (three)'' rating agencies is
being removed from the content outline.
Sample Questions
Sample questions 2, 3, and 4 were replaced with updated
sample questions.
2. Statutory Basis
Section 15B(b)(2)(A) of the Act authorizes the MSRB to prescribe
standards of training, experience, competence, and such other
qualifications for associated persons of municipal advisors as the
Board finds necessary or appropriate in the public interest or for the
protection of investors and municipal entities or obligated persons.\9\
Section 15B(b)(2)(A)(i)-(iii) of the Act also provides that the Board
may appropriately classify municipal advisors and persons associated
with municipal advisors and require persons in any such class to pass
tests prescribed by the Board.\10\
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\9\ 15 U.S.C. 78o-4(b)(2)(A).
\10\ 15 U.S.C. 78o-4(b)(2)(A)(i)-(iii).
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The MSRB believes that the proposed rule change is consistent with
the provisions of Section 15(B)(b)(2)(A) of the Act \11\ in that the
revisions will ensure that certain key concepts and rules are tested on
the Series 50 examination in order to test the competency of
individuals seeking to qualify as Municipal Advisor Representatives
with respect to their knowledge of MSRB rules and the municipal
securities market.
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\11\ 15 U.S.C. 78o-4(b)(2)(A).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The MSRB does not believe that the proposed rule change will result
in any
[[Page 43689]]
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The updated Series 50
examination content outline aligns with the functions and associated
tasks currently performed by Municipal Advisor Representatives and
tests knowledge of the most current laws, rules, and regulations and
skills relevant to those functions and associated tasks. As such, the
proposed rule change would make the Series 50 examination more
efficient and effective.
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 on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \12\ and paragraph (f)(1) of Rule 19b-4
thereunder.\13\ 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.
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\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 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 Number SR-MSRB-2016-08 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549.
All submissions should refer to File Number SR-MSRB-2016-08. 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 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
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the MSRB. 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-MSRB-2016-08 and should be
submitted on or before July 26, 2016.
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\14\ 17 CFR 200.30-3(a)(12).
For the Commission, pursuant to delegated authority.\14\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-15759 Filed 7-1-16; 8:45 am]
BILLING CODE 8011-01-P