California Code of Regulations
Title 10 - Investment
Chapter 3 - Commissioner of Financial Protection and Innovation
Subchapter 2 - Corporate Securities
Article 9 - Regulation of Broker-Dealers and Agents
Section 260.216.1 - Definitions
Universal Citation: 10 CA Code of Regs 260.216.1
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
As used in any Section of these rules adopted pursuant to subdivision (a) of Section 25216 of the Code:
(a) The term "customer" does not include a broker-dealer.
(b) The phrase "the completion of the transaction" means:
(1) In
the case of a customer who purchases a security through or from a
broker-dealer, except as provided in Clause (2) of this subsection, the time
when such customer pays the broker-dealer any part of the purchase price, or,
if payment is effected by a bookkeeping entry, the time when such bookkeeping
entry is made by the broker-dealer for any part of the purchase
price;
(2) In the case of a
customer who purchases a security through or from a broker-dealer and who makes
payment therefor prior to the time when payment is requested or notification is
given that payment is due, the time when such broker-dealer delivers the
security to or into the account of such customer;
(3) In the case of a customer who sells a
security through or to a broker-dealer, except as provided in Clause (4) of
this subsection, if the security is not in the custody of the broker-dealer at
the time of sale, the time when the security is delivered to the broker-dealer,
and if the security is in the custody of the broker-dealer at the time of sale,
the time when the broker-dealer transfers the security from the account of such
customer;
(4) In the case of a
customer who sells a security through or to a broker-dealer and who delivers
such security to such broker-dealer prior to the time when delivery is
requested or notification is given that delivery is due, the time when such
broker-dealer makes payment to or into the account of such
customer.
1. Editorial correction adding NOTE filed 4-6-83 (Register 83, No. 15).
Note: Authority cited: Sections 25216(a) and 25610, Corporations Code. Reference: Section 25216, Corporations Code.
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