Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the New Securities Industry Essentials Examination, 4375-4377 [2018-01678]
Download as PDF
Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Notices
rules/sro.shtml); or Send an email to
rule-comments@sec.gov. Please include
File Number SR–FICC–2017–806 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
Number SR–FICC–2017–806. 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 website (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the Advance Notice that
are filed with the Commission, and all
written communications relating to the
Advance Notice 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 website 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 FICC and on DTCC’s website
(https://dtcc.com/legal/sec-rulefilings.aspx). All comments received
will be posted without change. Persons
submitting comments are cautioned that
we do not redact or edit personal
identifying information from comment
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–FICC–
2017–806 and should be submitted on
or before February 14, 2018.
BILLING CODE 8011–01–P
daltland on DSKBBV9HB2PROD with NOTICES
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Relating to the New
Securities Industry Essentials
Examination
January 24, 2018.
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 January
12, 2018, 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 ‘‘non-controversial’’ rule
change under paragraph (f)(6) of Rule
19b–4 under the Act,3 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 the content outline
and selection specifications for the new
Securities Industry EssentialsTM (SIETM)
examination.4 FINRA is not proposing
any textual changes to the By-Laws,
Schedules to the By-Laws or Rules of
FINRA.
The SIE content outline is attached.5
The SIE selection specifications have
been submitted to the Commission
under separate cover with a request for
confidential treatment pursuant to SEA
Rule 24b–2.6
The text of the proposed rule change
is available on FINRA’s website at
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
4 FINRA also is establishing the SIE 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)(6) thereunder, and is not filing the
question bank. 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.
5 The Commission notes that the content outline
is attached to the filing, not to this Notice.
6 17 CFR 240.24b–2.
2 17
[FR Doc. 2018–01692 Filed 1–29–18; 8:45 am]
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[Release No. 34–82578; File No. SR–FINRA–
2018–002]
1 15
By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
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COMMISSION
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https://www.finra.org, at the principal
office of FINRA and at the
Commission’s Public Reference Room.
[sic]
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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Section 15A(g)(3) of the Act 7
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.
The SEC recently approved a
proposed rule change to restructure the
FINRA representative-level qualification
examination program.8 The rule change,
which will become effective on October
1, 2018,9 restructures the examination
program into a more efficient format
whereby all new representative-level
applicants will be required to take a
general knowledge examination (the
SIE) and a tailored, specialized
knowledge examination (a revised
representative-level qualification
examination) for their particular
registered role. Individuals are not
required to be associated with a FINRA
7 15
U.S.C. 78o–3(g)(3).
Securities Exchange Act Release No. 81098
(July 7, 2017), 82 FR 32419 (July 13, 2017) (Order
Approving File No. SR–FINRA–2017–007).
9 See Regulatory Notice 17–30 (SEC Approves
Consolidated FINRA Registration Rules,
Restructured Representative-Level Qualification
Examinations and Changes to Continuing Education
Requirements) (October 2017).
8 See
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member to be eligible to take the SIE
examination. However, passing the SIE
examination alone will not qualify an
individual for registration with FINRA.
To be eligible for registration, an
individual must also be associated with
a firm, pass an appropriate qualification
examination for representative or
principal and satisfy the other
requirements relating to the registration
process.
The restructured program eliminates
duplicative testing of general securities
knowledge on the current
representative-level qualification
examinations by moving such content
into the SIE examination.10 The SIE
examination will test fundamental
securities-related knowledge, including
knowledge of basic products, the
structure and function of the securities
industry, the regulatory agencies and
their functions and regulated and
prohibited practices, whereas the
revised representative-level
qualification examinations will test
knowledge relevant to day-to-day
activities, responsibilities and job
functions of representatives.11
FINRA developed the SIE
examination in consultation with a
committee of industry representatives
and representatives of several other selfregulatory organizations (‘‘SROs’’).
Beginning on October 1, 2018, new
applicants seeking to register as
representatives must pass the SIE
examination and a revised
representative-level qualification
examination, such as the revised
General Securities Representative
(Series 7) examination, appropriate to
their job functions at the firm with
which they are associating before their
registrations can become effective.12
SIE Content Outline
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As noted above, FINRA is proposing
to move the general securities
knowledge currently covered on the
representative-level qualification
examinations to the SIE examination.
For example, FINRA Rule 3220
(Influencing or Rewarding Employees of
Others) (the Gifts Rule) will now be
tested on the SIE examination, rather
than on the representative-level
examinations.
10 Each of the current representative-level
examinations covers general securities knowledge,
with the exception of the Research Analyst (Series
86 and 87) examinations.
11 In conjunction with this proposed rule change,
FINRA also is filing with the Commission the
content outlines for the revised representative-level
qualification examinations.
12 FINRA Rule 1220(b) sets forth each
representative-level registration category and
applicable qualification examination.
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The SIE content outline is divided
into four sections. The following are the
four sections, denoted Section 1 through
Section 4, with the associated number of
questions:
Section 1: Knowledge of Capital
Markets, 12 questions;
Section 2: Understanding Products
and Their Risks, 33 questions;
Section 3: Understanding Trading,
Customer Accounts and Prohibited
Activities, 23 questions; and
Section 4: Overview of the Regulatory
Framework, 7 questions.
Each section includes the essential
areas of general knowledge. There are
four areas (1.1–1.4) associated with
Section 1; 13 two areas (2.1–2.2)
associated with Section 2; 14 three areas
(3.1–3.3) associated with Section 3; 15
and two areas (4.1–4.2) associated with
Section 4.16 For example, one such area
of knowledge (subsection 1.3) covers
economic factors, such as the Federal
Reserve Board’s impact on business
activity and market stability.17 Further,
subsection 2.1 covers knowledge of the
characteristics of the specified securities
products, such as voting rights
associated with equity securities.18 In
addition, each of the four sections lists
the applicable laws, rules and
regulations related to the areas of
knowledge. These include applicable
federal securities laws as well as FINRA
rules and rules of other SROs. The SIE
selection specifications and question
bank cover the topics in the content
outline.
The content outline also includes a
preface, which provides: (1) An
overview of the purpose of the
examination; (2) a table of contents and
general information regarding the
structure of the examination; and (3)
general information regarding the
administration of the examination,
including an explanation that a
statistical adjustment process known as
equating is used in scoring the
examination.19
The number of questions on the SIE
examination will be 75 scored multiplechoice questions,20 and candidates will
13 See Exhibit 3a, Outline Pages 3–5. The outline
is attached as Exhibit 3a to the 19b–4 form.
14 See Exhibit 3a, Outline Pages 6–9.
15 See Exhibit 3a, Outline Pages 10–13.
16 See Exhibit 3a, Outline Pages 14–15.
17 See Exhibit 3a, Outline Pages 3–4.
18 See Exhibit 3a, Outline Pages 6–8.
19 See Exhibit 3a, Outline Page 2.
20 Consistent with FINRA’s practice of including
‘‘pretest’’ questions on examinations, the SIE
examination includes 10 additional, unidentified
pretest questions that do not contribute towards the
candidate’s score. The pretest questions are
designed to ensure that new examination questions
meet acceptable testing standards prior to use for
scoring purposes. Therefore, the SIE examination
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have one hour and 45 minutes to
complete the examination. FINRA will
publish the passing score for the SIE
examination on its website, at
www.finra.org, prior to its first
administration.
Availability of Content Outline
The SIE content outline will be made
available on FINRA’s website no later
than April 1, 2018.
FINRA is filing the proposed rule
change for immediate effectiveness. The
implementation date will be October 1,
2018, to coincide with the
implementation of the restructured
representative-level examination
program. FINRA will also announce the
implementation date of the proposed
rule change in a Regulatory Notice.
2. Statutory Basis
FINRA believes that the SIE
examination is consistent with the
provisions of Section 15A(b)(6) of the
Act,21 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,22 which
authorizes FINRA to prescribe standards
of training, experience, and competence
for persons associated with FINRA
members. The proposed rule change
will improve the efficiency of FINRA’s
representative-level examination
program, without compromising the
qualification standards, by moving the
general securities knowledge content
from the representative-level
examinations to the SIE examination.
The proposed rule change also
establishes a prerequisite qualification
examination that associated persons of
FINRA members must pass, in addition
to passing an appropriate
representative-level examination, to
register and function as representatives.
Finally, the SIE examination is intended
to safeguard the investing public by
helping to ensure that individuals
registering as representatives have the
requisite general securities knowledge.
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 SIE
actually consists of 85 questions, 75 of which are
scored. The 10 pretest questions are randomly
distributed throughout the examination.
21 15 U.S.C. 78o–3(b)(6).
22 15 U.S.C. 78o–3(g)(3).
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Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Notices
examination generally covers the same
general securities knowledge that is
currently covered on the representativelevel examinations. FINRA also
provided a detailed economic impact
assessment regarding the introduction of
the SIE examination and the
restructuring of the representative-level
examinations as part of the proposed
rule change to restructure the FINRA
representative-level qualification
examination program.23
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
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 24 and Rule 19b–
4(f)(6) thereunder.25
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.
daltland on DSKBBV9HB2PROD with NOTICES
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–
FINRA–2018–002 on the subject line.
23 See Securities Exchange Act Release No. 80371
(April 4, 2017), 82 FR 17336 (April 10, 2017)
(Notice of Filing of File No. SR–FINRA–2017–007).
24 15 U.S.C. 78s(b)(3)(A).
25 17 CFR 240.19b–4(f)(6).
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18:18 Jan 29, 2018
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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
Number SR–FINRA–2018–002. 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 website (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 website 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 FINRA. All comments received
will be posted without change. Persons
submitting comments are cautioned that
we do not redact or edit personal
identifying information from comment
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–FINRA–
2018–002 and should be submitted on
or before February 20, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.26
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–01678 Filed 1–29–18; 8:45 am]
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82584; File No. SR–NSCC–
2017–806]
Self-Regulatory Organizations;
National Securities Clearing
Corporation; Notice of Filing and
Extension of the Review Period of an
Advance Notice To Amend the Loss
Allocation Rules and Make Other
Changes
January 24, 2018.
Pursuant to Section 806(e)(1) of Title
VIII of the Dodd-Frank Wall Street
Reform and Consumer Protection Act
entitled the Payment, Clearing, and
Settlement Supervision Act of 2010
(‘‘Clearing Supervision Act’’) and Rule
19b–4(n)(1)(i) under the Securities
Exchange Act of 1934 (‘‘Act’’),1 notice is
hereby given that on December 18, 2017,
National Securities Clearing Corporation
(‘‘NSCC’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
advance notice SR–NSCC–2017–806
(‘‘Advance Notice’’) as described in
Items I and II below, which Items have
been prepared by the clearing agency.2
The Commission is publishing this
notice to solicit comments on the
Advance Notice from interested persons
and to extend the review period of the
advance notice for an additional 60 days
pursuant to Section 806(e)(1)(H) of the
Clearing Supervision Act.3
I. Clearing Agency’s Statement of the
Terms of Substance of the Advance
Notice
This Advance Notice consists of
proposed modifications to NSCC’s Rules
and Procedures (‘‘Rules’’) in order to
amend provisions in the Rules regarding
loss allocation as well as make other
changes, as described in greater detail
below.4
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Advance Notice
In its filing with the Commission, the
clearing agency included statements
concerning the purpose of and basis for
the Advance Notice and discussed any
comments it received on the Advance
1 12 U.S.C. 5465(e)(1) and 17 CFR 240.19b–
4(n)(1)(i), respectively.
2 On December 18, 2017, NSCC filed the Advance
Notice as a proposed rule change (SR–NSCC–2017–
018) with the Commission pursuant to Section
19(b)(1) of the Act, 15 U.S.C. 78s(b)(1), and Rule
19b–4 thereunder, 17 CFR 240.19b–4. A copy of the
proposed rule change is available at https://
www.dtcc.com/legal/sec-rule-filings.aspx.
3 12 U.S.C. 5465(e)(1)(H).
4 Capitalized terms not defined herein are defined
in the Rules, available at https://www.dtcc.com/∼/
media/Files/Downloads/legal/rules/nscc_rules.pdf.
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Agencies
[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Notices]
[Pages 4375-4377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01678]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-82578; File No. SR-FINRA-2018-002]
Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to the New Securities Industry Essentials
Examination
January 24, 2018.
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 January 12, 2018, 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 ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ 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\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
FINRA is filing the content outline and selection specifications
for the new Securities Industry EssentialsTM
(SIETM) examination.\4\ FINRA is not proposing any textual
changes to the By-Laws, Schedules to the By-Laws or Rules of FINRA.
---------------------------------------------------------------------------
\4\ FINRA also is establishing the SIE 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)(6) thereunder, and is not filing the question
bank. 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 SIE content outline is attached.\5\ The SIE selection
specifications have been submitted to the Commission under separate
cover with a request for confidential treatment pursuant to SEA Rule
24b-2.\6\
---------------------------------------------------------------------------
\5\ The Commission notes that the content outline is attached to
the filing, not to this Notice.
\6\ 17 CFR 240.24b-2.
---------------------------------------------------------------------------
The text of the proposed rule change is available on FINRA's
website at https://www.finra.org, at the principal office of FINRA and
at the Commission's Public Reference Room. [sic]
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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
Section 15A(g)(3) of the Act \7\ 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.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78o-3(g)(3).
---------------------------------------------------------------------------
The SEC recently approved a proposed rule change to restructure the
FINRA representative-level qualification examination program.\8\ The
rule change, which will become effective on October 1, 2018,\9\
restructures the examination program into a more efficient format
whereby all new representative-level applicants will be required to
take a general knowledge examination (the SIE) and a tailored,
specialized knowledge examination (a revised representative-level
qualification examination) for their particular registered role.
Individuals are not required to be associated with a FINRA
[[Page 4376]]
member to be eligible to take the SIE examination. However, passing the
SIE examination alone will not qualify an individual for registration
with FINRA. To be eligible for registration, an individual must also be
associated with a firm, pass an appropriate qualification examination
for representative or principal and satisfy the other requirements
relating to the registration process.
---------------------------------------------------------------------------
\8\ See Securities Exchange Act Release No. 81098 (July 7,
2017), 82 FR 32419 (July 13, 2017) (Order Approving File No. SR-
FINRA-2017-007).
\9\ See Regulatory Notice 17-30 (SEC Approves Consolidated FINRA
Registration Rules, Restructured Representative-Level Qualification
Examinations and Changes to Continuing Education Requirements)
(October 2017).
---------------------------------------------------------------------------
The restructured program eliminates duplicative testing of general
securities knowledge on the current representative-level qualification
examinations by moving such content into the SIE examination.\10\ The
SIE examination will test fundamental securities-related knowledge,
including knowledge of basic products, the structure and function of
the securities industry, the regulatory agencies and their functions
and regulated and prohibited practices, whereas the revised
representative-level qualification examinations will test knowledge
relevant to day-to-day activities, responsibilities and job functions
of representatives.\11\
---------------------------------------------------------------------------
\10\ Each of the current representative-level examinations
covers general securities knowledge, with the exception of the
Research Analyst (Series 86 and 87) examinations.
\11\ In conjunction with this proposed rule change, FINRA also
is filing with the Commission the content outlines for the revised
representative-level qualification examinations.
---------------------------------------------------------------------------
FINRA developed the SIE examination in consultation with a
committee of industry representatives and representatives of several
other self-regulatory organizations (``SROs''). Beginning on October 1,
2018, new applicants seeking to register as representatives must pass
the SIE examination and a revised representative-level qualification
examination, such as the revised General Securities Representative
(Series 7) examination, appropriate to their job functions at the firm
with which they are associating before their registrations can become
effective.\12\
---------------------------------------------------------------------------
\12\ FINRA Rule 1220(b) sets forth each representative-level
registration category and applicable qualification examination.
---------------------------------------------------------------------------
SIE Content Outline
As noted above, FINRA is proposing to move the general securities
knowledge currently covered on the representative-level qualification
examinations to the SIE examination. For example, FINRA Rule 3220
(Influencing or Rewarding Employees of Others) (the Gifts Rule) will
now be tested on the SIE examination, rather than on the
representative-level examinations.
The SIE content outline is divided into four sections. The
following are the four sections, denoted Section 1 through Section 4,
with the associated number of questions:
Section 1: Knowledge of Capital Markets, 12 questions;
Section 2: Understanding Products and Their Risks, 33 questions;
Section 3: Understanding Trading, Customer Accounts and Prohibited
Activities, 23 questions; and
Section 4: Overview of the Regulatory Framework, 7 questions.
Each section includes the essential areas of general knowledge.
There are four areas (1.1-1.4) associated with Section 1; \13\ two
areas (2.1-2.2) associated with Section 2; \14\ three areas (3.1-3.3)
associated with Section 3; \15\ and two areas (4.1-4.2) associated with
Section 4.\16\ For example, one such area of knowledge (subsection 1.3)
covers economic factors, such as the Federal Reserve Board's impact on
business activity and market stability.\17\ Further, subsection 2.1
covers knowledge of the characteristics of the specified securities
products, such as voting rights associated with equity securities.\18\
In addition, each of the four sections lists the applicable laws, rules
and regulations related to the areas of knowledge. These include
applicable federal securities laws as well as FINRA rules and rules of
other SROs. The SIE selection specifications and question bank cover
the topics in the content outline.
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\13\ See Exhibit 3a, Outline Pages 3-5. The outline is attached
as Exhibit 3a to the 19b-4 form.
\14\ See Exhibit 3a, Outline Pages 6-9.
\15\ See Exhibit 3a, Outline Pages 10-13.
\16\ See Exhibit 3a, Outline Pages 14-15.
\17\ See Exhibit 3a, Outline Pages 3-4.
\18\ See Exhibit 3a, Outline Pages 6-8.
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The content outline also includes a preface, which provides: (1) An
overview of the purpose of the examination; (2) a table of contents and
general information regarding the structure of the examination; and (3)
general information regarding the administration of the examination,
including an explanation that a statistical adjustment process known as
equating is used in scoring the examination.\19\
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\19\ See Exhibit 3a, Outline Page 2.
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The number of questions on the SIE examination will be 75 scored
multiple-choice questions,\20\ and candidates will have one hour and 45
minutes to complete the examination. FINRA will publish the passing
score for the SIE examination on its website, at www.finra.org, prior
to its first administration.
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\20\ Consistent with FINRA's practice of including ``pretest''
questions on examinations, the SIE examination includes 10
additional, unidentified pretest questions that do not contribute
towards the candidate's score. The pretest questions are designed to
ensure that new examination questions meet acceptable testing
standards prior to use for scoring purposes. Therefore, the SIE
examination actually consists of 85 questions, 75 of which are
scored. The 10 pretest questions are randomly distributed throughout
the examination.
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Availability of Content Outline
The SIE content outline will be made available on FINRA's website
no later than April 1, 2018.
FINRA is filing the proposed rule change for immediate
effectiveness. The implementation date will be October 1, 2018, to
coincide with the implementation of the restructured representative-
level examination program. FINRA will also announce the implementation
date of the proposed rule change in a Regulatory Notice.
2. Statutory Basis
FINRA believes that the SIE examination is consistent with the
provisions of Section 15A(b)(6) of the Act,\21\ 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,\22\ which authorizes
FINRA to prescribe standards of training, experience, and competence
for persons associated with FINRA members. The proposed rule change
will improve the efficiency of FINRA's representative-level examination
program, without compromising the qualification standards, by moving
the general securities knowledge content from the representative-level
examinations to the SIE examination. The proposed rule change also
establishes a prerequisite qualification examination that associated
persons of FINRA members must pass, in addition to passing an
appropriate representative-level examination, to register and function
as representatives. Finally, the SIE examination is intended to
safeguard the investing public by helping to ensure that individuals
registering as representatives have the requisite general securities
knowledge.
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\21\ 15 U.S.C. 78o-3(b)(6).
\22\ 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 SIE
[[Page 4377]]
examination generally covers the same general securities knowledge that
is currently covered on the representative-level examinations. FINRA
also provided a detailed economic impact assessment regarding the
introduction of the SIE examination and the restructuring of the
representative-level examinations as part of the proposed rule change
to restructure the FINRA representative-level qualification examination
program.\23\
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\23\ See Securities Exchange Act Release No. 80371 (April 4,
2017), 82 FR 17336 (April 10, 2017) (Notice of Filing of File No.
SR-FINRA-2017-007).
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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
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \24\ and Rule 19b-
4(f)(6) thereunder.\25\
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\24\ 15 U.S.C. 78s(b)(3)(A).
\25\ 17 CFR 240.19b-4(f)(6).
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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 email to [email protected]. Please include
File Number SR-FINRA-2018-002 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 Number SR-FINRA-2018-002. 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 website (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 website 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 FINRA. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-FINRA-2018-002 and should be submitted
on or before February 20, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
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\26\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01678 Filed 1-29-18; 8:45 am]
BILLING CODE 8011-01-P