8 Broker Dealers Flashcards
BD
definition exceptions (3)
- agents - ee of BD regesers as an agent
- issuer - creater of sec
- bank, savings, or trust
BD Registration Exceptions
no physical office in state and clients are
- issuer/creater of sec
- other BD
- institutional buyers
Institutional Buyer
- bank, savings, or trust
- ins co
- inv co (mut fund)
- BD
- pension or profit - sharing trust
- fin institution
Canadian BD limited registration
- temp in US
- had relationship w/ Can BD
- transactions for self-directed tax -adv retirement for which they hold or contribute
- client is institutional buyer
BD registration requirements
meet state requirements and must register at fed level
unless only operating within state
BD registration
file Form BD in Centeral Depository Registration
also must register with
SROs
Securities Investor Protection Cor (SIPC)
BD registration - fed level
under 1934 who must review app and when approved by?
SEC
w/in 45 days or initiate proceeding for denial
BD registration - state level
effective at noon on 30th day after app filed
unless more info needed or denying
BD registration
state hearing based on applicant admission of judicial or admin order
how long do they have
90 days other wise cannot use data against applicant
National Securities Markets Improvement Act (NSMIA)
state law cannot exceed SEC req on
capital, bonding, custody, rpt, recordkeeping
Agents of BD
do not have to register w/ state if
- no place of bus in state and only clients are institutional inv
- reg in another state and clienthas had acct w/ BD for 30 days prior to trans. agent must have worked with client before or be applying for reg