Chapter 6 Study Notes Flashcards
Parking
Parking refers to the practice of temporarily holding a position for a customer, often to
avoid certain regulatory filing or net capital requirements. This activity is prohibited
Use of Stockholder Information
A member firm that acts on behalf of a corporation as a trustee is
not allowed to use information about the corporation’s shareholders for solicitation purposes. However,
if the corporation directs the firm to do so, this is permitted.
Private Securities Transactions
Selling Away
If the associated person is to receive compensation for the transaction, the member must specifically
approve the transaction in writing in order for the person to participate. In such a case, the
transaction must be recorded on the member’s books.
If the associated person will not receive compensation for the transaction, the member may
nevertheless require the associated person to adhere to specific conditions in order to participate in the
transaction.
Private Securities Transactions
Exemptions
The requirements of this rule do not apply to accounts that are limited to
transactions involving redeemable investment company securities (mutual fund shares), unit
investment trusts, variable contracts, or 529 plans.
Finra Sanctions effective date
Other than a bar or expulsion, a sanction is effective 30 days after the respondent has received
notice of a final disciplinary action.
Finra Minor Rule Violations
it may impose a fine of not more
then $2,500 and/or censure the member or associated person
Failure to have advertising and/or sales literature approved by a principal
Failure to properly maintain advertising and/or sales literature files
Failure to file advertisements on time with FINRA
Failure to file timely reports of short positions
Violations of SEC or FINRA books and records rules
Failure to submit trading data as requested
Investor Education FINRA’s Investor Education and Protection Rule
requires member firms, at least
once every calendar year, to provide to each customer, in writing, the following information:
FINRA Regulation Public Disclosure Program Hotline Number
FINRA Regulation Web Site Address
A statement as to the availability to the customer of an investor brochure that includes information
describing the Public Disclosure Program.
The Code of Arbitration
is concerned with the settlement of disputes through arbitration. It is not
concerned with discipline for violations of rules and regulations, which is covered by the Code of
Procedure.
The Code of Arbitration requires that disputes between members and other members, or between
members and any clearing corporation be settled by arbitration. Arbitration is also required in
disputes between member firms and persons associated with a member, except in the case of
statutory discrimination claims, which include claims of sexual harassment