80_FR_53540 80 FR 53369 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving a Proposed Rule Change To Establish the Securities Trader and Securities Trader Principal Registration Categories

80 FR 53369 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving a Proposed Rule Change To Establish the Securities Trader and Securities Trader Principal Registration Categories

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 171 (September 3, 2015)

Page Range53369-53370
FR Document2015-21869

Federal Register, Volume 80 Issue 171 (Thursday, September 3, 2015)
[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Notices]
[Pages 53369-53370]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21869]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75783; File No. SR-FINRA-2015-017]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Order Approving a Proposed Rule Change To Establish 
the Securities Trader and Securities Trader Principal Registration 
Categories

August 28, 2015.

I. Introduction

    On June 29, 2015, the Financial Industry Regulatory Authority, Inc. 
(``FINRA'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to establish the Securities Trader and Securities 
Trader Principal registration categories. The proposed rule change was 
published for comment in the Federal Register on July 14, 2015.\3\ The 
Commission received two comment letters on the proposed rule change.\4\ 
This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 75394 (July 8, 
2015), 80 FR 41119 (``Notice'').
    \4\ See letters to Robert W. Errett, Deputy Secretary, 
Commission, from Kevin Zambrowicz, Associate General Counsel & 
Managing Director, Securities Industry and Financial Markets 
Association, dated July 10, 2015 (``SIFMA Letter'') and Michele Van 
Tassel, President, Association of Registration Management, dated 
July 19, 2015 (``ARM Letter'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

A. Securities Trader Registration Category

    Pursuant to NASD Rule 1032(f), each person associated with a FINRA 
member who is included within the definition of ``representative'' in 
NASD Rule 1031 must register with FINRA as an Equity Trader if, with 
respect to transactions in equity (including equity options), preferred 
or convertible debt securities effected otherwise than on a national 
securities exchange, the person is engaged in proprietary trading, the 
execution of transactions on an agency basis, or the direct supervision 
of such activities.\5\ Currently, before registering as an Equity 
Trader and taking the Series 55 examination, the associated person must 
be registered as either a General Securities Representative (Series 7) 
or a Corporate Securities Representative (Series 62) and have passed 
either of the exams.
---------------------------------------------------------------------------

    \5\ There is an exception to this requirement for any person 
associated with a FINRA member whose trading activities are 
conducted principally on behalf of an investment company that is 
registered with the Commission pursuant to the Investment Company 
Act of 1940 and that controls, is controlled by, or is under common 
control with the member.
---------------------------------------------------------------------------

    The exchanges, however, currently use the Series 56 examination as 
a qualification standard for several registration categories relating 
to securities trading, including the Proprietary Trader registration 
category, and only NASDAQ recognizes the Series 55 examination as an 
acceptable qualification standard under its registration rules. Unlike 
the Series 55 examination, there is no prerequisite registration 
requirement for individuals taking the Series 56 examination. The 
Series 56 examination is administered by FINRA, however FINRA does not 
recognize the exam as an acceptable qualification examination. 
Associated persons of FINRA members are required to pass the Series 55 
examination to engage in over-the-counter securities trading. 
Consequently, individuals engaged in trading activities at broker-
dealers may be subject to varying qualification requirements, depending 
on whether their activities take place on a securities exchange or 
over-the-counter.\6\
---------------------------------------------------------------------------

    \6\ FINRA notes that there is significant overlap in the content 
of the Series 55 and 56 examinations.
---------------------------------------------------------------------------

    In its proposal, FINRA amends NASD Rule 1032(f) to replace the 
Equity Trader registration category and qualification examination 
(Series 55) with a Securities Trader registration category and 
qualification examination (Series 57).\7\ FINRA also amends NASD Rule 
1032(f) to eliminate the prerequisite registration requirement. In 
addition, FINRA amends NASD Rule 1032(f) to provide that a person 
solely registered as a Securities Trader will not be qualified to 
function in any other registration category.
---------------------------------------------------------------------------

    \7\ FINRA will develop the Series 57 examination and will file 
the examination with the Commission as part of a separate proposed 
rule change. According to FINRA, while the Series 57 examination 
will include the core knowledge portion of the Series 7 examination, 
the Series 57 examination will also be based on the current job 
functions of securities traders and include elements of the Series 
55 and 56 examination programs. In addition, FINRA will file a 
separate proposed rule change to establish the fee for the Series 57 
examination.
---------------------------------------------------------------------------

    As proposed, a person registered as an Equity Trader in the Central 
Registration Depository (``CRD'') system on the effective date of the 
proposed rule change \8\ will be grandfathered as a Securities Trader 
without having to take any additional examinations and without having 
to take any other actions.\9\
---------------------------------------------------------------------------

    \8\ The exchanges have indicated that they will replace the 
Series 56 examination with the Series 57 examination for those 
registration categories, such as the Proprietary Trader registration 
category, where the Series 56 is currently an acceptable 
qualification standard. The Commission expects the exchanges to file 
their proposed rule changes to effectuate this change before FINRA's 
expected effective date for the Series 57--January 4, 2016.
    \9\ A person who was registered as an Equity Trader in the CRD 
system before the effective date of the proposed rule change will be 
eligible to register as a Securities Trader without having to take 
any additional examinations, provided that no more than two years 
has passed between the date the person was last registered as a 
representative and the date the person registers as a Securities 
Trader.
---------------------------------------------------------------------------

B. Securities Trader Principal Registration Category

    Currently, an associated person with direct supervisory 
responsibility over

[[Page 53370]]

the securities trading activities set forth in NASD Rule 1032(f)(1) is 
required to qualify and register as an Equity Trader. FINRA rules do 
not expressly require such person to register in a specific principal 
registration category. On the other hand, most national securities 
exchanges expressly require that an individual associated with an 
exchange member who has supervisory responsibility over proprietary 
trading activities qualify and register as a Proprietary Trader 
Principal.
    In its proposal, FINRA amends NASD Rule 1022(a) to require each 
person associated with a FINRA member who is included within the 
definition of ``principal'' in NASD Rule 1021 and who has supervisory 
responsibility over the securities trading activities described in NASD 
Rule 1032(f)(1) to qualify and register as a Securities Trader 
Principal. To qualify for registration as a Securities Trader 
Principal, a person must first qualify and register as a Securities 
Trader and then pass the General Securities Principal qualification 
examination (Series 24).\10\ As proposed, a person who is qualified and 
registered only as a Securities Trader Principal may only have 
supervisory responsibility over the activities specified in NASD Rule 
1032(f)(1). Moreover, a person who is registered as a General 
Securities Principal will not be qualified to supervise the trading 
activities described in NASD Rule 1032(f)(1), unless the person 
qualifies and registers as a Securities Trader by passing the Series 57 
examination and affirmatively registers as a Securities Trader 
Principal.
---------------------------------------------------------------------------

    \10\ The exchanges have indicated that they plan to replace the 
Series 56 examination with the Series 57 examination under their 
respective registration rules, thus the Series 57 examination will 
also replace the Series 56 examination for those registration 
categories, such as the Proprietary Trader Principal registration 
category, where the Series 56 examination is currently an acceptable 
prerequisite.
---------------------------------------------------------------------------

    As proposed, a person registered as a General Securities Principal 
and an Equity Trader in the CRD system on the effective date of the 
proposed rule change will be eligible to register as a Securities 
Trader Principal without having to take any additional 
examinations.\11\ FINRA members, however, will be required to 
affirmatively register persons who transition to Securities Trader 
Principals on or after the effective date of the proposed rule 
change.\12\
---------------------------------------------------------------------------

    \11\ An individual who was registered as a General Securities 
Principal and an Equity Trader in the CRD system before the 
effective date of the proposed rule change will also be eligible to 
register as a Securities Trader Principal without having to take any 
additional examinations, provided that no more than two years has 
passed between the date that person was last registered as a 
principal and the date that person registers as a Securities Trader 
Principal. Moreover, on the effective date of the proposed rule 
change, FINRA will convert Proprietary Trader Principal 
registrations in the CRD system into Securities Trader Principal 
registrations.
    \12\ In connection with the proposals discussed above, and in 
anticipation of the national securities exchanges filing similar 
proposed rule changes to replace the Series 56 examination with the 
Series 57 examination in their respective registration rules, FINRA 
proposes to amend the Form U4 to replace: (1) the Equity Trader 
registration category with the Securities Trader registration 
category as well as references to the Series 55 examination with the 
Series 57 examination; (2) references to the Series 56 examination 
with the Series 57 examination; and (3) the Proprietary Trader 
Principal registration category with the Securities Trader Principal 
registration category.
---------------------------------------------------------------------------

III. Comment Letters

    The Commission received two comment letters that support the 
proposed rule change.\13\ These commenters note that the proposal would 
eliminate or reduce redundancies and inefficiencies that exist in the 
current qualification regime.\14\ These commenters also support the 
timeline for implementing the proposed rule change.\15\
---------------------------------------------------------------------------

    \13\ See supra note 4.
    \14\ See SIFMA Letter at 3-4 and ARM Letter at 2.
    \15\ See SIFMA Letter at 4 and ARM Letter at 2. However, one 
commenter requests that FINRA provide some flexibility in the 
timeline given the other initiatives that member firms are currently 
undertaking or will undertake in the near future. See SIFMA Letter 
at 4. See also ARM Letter at 2. This commenter also encourages FINRA 
to coordinate the current proposal and the Algorithmic Trading 
proposal that was set forth in FINRA Regulatory Notice 15-06, and to 
implement the Series 57 regime before implementing the Algorithmic 
Trading proposal (assuming the Algorithmic Trading proposal moves 
forward). See SIFMA Letter at 5. Moreover, this commenter encourages 
FINRA to solicit comment on the Series 57 examination content 
through a Regulatory Notice. See id. The Commission notes that FINRA 
will file a proposed rule change to implement the new exam. See 
Notice, supra note 3, at n. 6.
---------------------------------------------------------------------------

IV. Discussion and Commission Findings

    After careful review of the proposed rule change and the comment 
letters, the Commission finds that the proposed rule change is 
consistent with the requirements of the Act and the rules and 
regulations thereunder that are applicable to a national securities 
association.\16\ Specifically, the Commission finds that the proposed 
rule change is consistent with Section 15A(b)(6) of the Act,\17\ which 
requires, among other things, that FINRA rules 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. The Commission also finds that the proposed 
rule change is consistent with Section 15A(g)(3) of the Act,\18\ which 
requires FINRA to prescribe standards of training, experience, and 
competence for persons associated with FINRA members. The proposed rule 
change should harmonize the qualification and registration requirements 
for individuals engaged in securities trading activities across 
different markets and for principals responsible for supervising such 
activities. In addition, by explicitly requiring the registration of 
Securities Trader Principals, as such, the proposal will help FINRA to 
identify and contact principals with supervisory responsibility over 
the securities trading activities described in NASD Rule 1032(f)(1).
---------------------------------------------------------------------------

    \16\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \17\ 15 U.S.C. 78o-3(b)(6).
    \18\ 15 U.S.C. 78o-3(g)(3).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\19\ that the proposed rule change (SR-FINRA-2015-017) be, and 
hereby is, approved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2).
    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-21869 Filed 9-2-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                          Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices                                                        53369

                                              All submissions should refer to File No.                  Exchange Commission (‘‘Commission’’),                     Series 56 examination is administered
                                              SR–EDGX–2015–38. This file number                         pursuant to Section 19(b)(1) of the                       by FINRA, however FINRA does not
                                              should be included on the subject line                    Securities Exchange Act of 1934                           recognize the exam as an acceptable
                                              if email is used. To help the                             (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a                 qualification examination. Associated
                                              Commission process and review your                        proposed rule change to establish the                     persons of FINRA members are required
                                              comments more efficiently, please use                     Securities Trader and Securities Trader                   to pass the Series 55 examination to
                                              only one method. The Commission will                      Principal registration categories. The                    engage in over-the-counter securities
                                              post all comments on the Commission’s                     proposed rule change was published for                    trading. Consequently, individuals
                                              Internet Web site (http://www.sec.gov/                    comment in the Federal Register on July                   engaged in trading activities at broker-
                                              rules/sro.shtml). Copies of the                           14, 2015.3 The Commission received                        dealers may be subject to varying
                                              submission, all subsequent                                two comment letters on the proposed                       qualification requirements, depending
                                              amendments, all written statements                        rule change.4 This order approves the                     on whether their activities take place on
                                              with respect to the proposed rule                         proposed rule change.                                     a securities exchange or over-the-
                                              change that are filed with the                                                                                      counter.6
                                                                                                        II. Description of the Proposed Rule                         In its proposal, FINRA amends NASD
                                              Commission, and all written
                                                                                                        Change                                                    Rule 1032(f) to replace the Equity
                                              communications relating to the
                                              proposed rule change between the                          A. Securities Trader Registration                         Trader registration category and
                                              Commission and any person, other than                     Category                                                  qualification examination (Series 55)
                                              those that may be withheld from the                          Pursuant to NASD Rule 1032(f), each                    with a Securities Trader registration
                                              public in accordance with the                             person associated with a FINRA                            category and qualification examination
                                              provisions of 5 U.S.C. 552, will be                       member who is included within the                         (Series 57).7 FINRA also amends NASD
                                              available for Web site viewing and                        definition of ‘‘representative’’ in NASD                  Rule 1032(f) to eliminate the
                                              printing in the Commission’s Public                       Rule 1031 must register with FINRA as                     prerequisite registration requirement. In
                                              Reference Room, 100 F Street NE.,                         an Equity Trader if, with respect to                      addition, FINRA amends NASD Rule
                                              Washington, DC 20549, on official                         transactions in equity (including equity                  1032(f) to provide that a person solely
                                              business days between the hours of                        options), preferred or convertible debt                   registered as a Securities Trader will not
                                              10:00 a.m. and 3:00 p.m. Copies of such                   securities effected otherwise than on a                   be qualified to function in any other
                                              filing will also be available for                         national securities exchange, the person                  registration category.
                                              inspection and copying at the principal                                                                                As proposed, a person registered as an
                                                                                                        is engaged in proprietary trading, the
                                              office of the Exchange. All comments                                                                                Equity Trader in the Central Registration
                                                                                                        execution of transactions on an agency
                                              received will be posted without change;                                                                             Depository (‘‘CRD’’) system on the
                                                                                                        basis, or the direct supervision of such
                                              the Commission does not edit personal                                                                               effective date of the proposed rule
                                                                                                        activities.5 Currently, before registering
                                              identifying information from                                                                                        change 8 will be grandfathered as a
                                                                                                        as an Equity Trader and taking the
                                              submissions. You should submit only                                                                                 Securities Trader without having to take
                                                                                                        Series 55 examination, the associated
                                              information that you wish to make                                                                                   any additional examinations and
                                                                                                        person must be registered as either a
                                              available publicly. All submissions                                                                                 without having to take any other
                                                                                                        General Securities Representative
                                              should refer to File No. SR–EDGX–                                                                                   actions.9
                                                                                                        (Series 7) or a Corporate Securities
                                              2015–38 and should be submitted on or                     Representative (Series 62) and have                       B. Securities Trader Principal
                                              before September 24,2015.                                 passed either of the exams.                               Registration Category
                                                For the Commission, by the Division of                     The exchanges, however, currently                        Currently, an associated person with
                                              Trading and Markets, pursuant to delegated                use the Series 56 examination as a                        direct supervisory responsibility over
                                              authority.28                                              qualification standard for several
                                              Robert W. Errett,                                         registration categories relating to                          6 FINRA notes that there is significant overlap in
                                              Deputy Secretary.                                         securities trading, including the                         the content of the Series 55 and 56 examinations.
                                              [FR Doc. 2015–21873 Filed 9–2–15; 8:45 am]                Proprietary Trader registration category,                    7 FINRA will develop the Series 57 examination

                                              BILLING CODE 8011–01–P                                    and only NASDAQ recognizes the Series                     and will file the examination with the Commission
                                                                                                        55 examination as an acceptable                           as part of a separate proposed rule change.
                                                                                                                                                                  According to FINRA, while the Series 57
                                                                                                        qualification standard under its                          examination will include the core knowledge
                                              SECURITIES AND EXCHANGE                                   registration rules. Unlike the Series 55                  portion of the Series 7 examination, the Series 57
                                              COMMISSION                                                examination, there is no prerequisite                     examination will also be based on the current job
                                                                                                        registration requirement for individuals                  functions of securities traders and include elements
                                              [Release No. 34–75783; File No. SR–FINRA–                                                                           of the Series 55 and 56 examination programs. In
                                              2015–017]                                                 taking the Series 56 examination. The                     addition, FINRA will file a separate proposed rule
                                                                                                                                                                  change to establish the fee for the Series 57
                                              Self-Regulatory Organizations;                              1 15  U.S.C. 78s(b)(1).                                 examination.
                                                                                                          2 17                                                       8 The exchanges have indicated that they will
                                              Financial Industry Regulatory                                     CFR 240.19b–4.
                                                                                                           3 See Securities Exchange Act Release No. 75394        replace the Series 56 examination with the Series
                                              Authority, Inc.; Order Approving a                        (July 8, 2015), 80 FR 41119 (‘‘Notice’’).                 57 examination for those registration categories,
                                              Proposed Rule Change To Establish                            4 See letters to Robert W. Errett, Deputy Secretary,   such as the Proprietary Trader registration category,
                                              the Securities Trader and Securities                      Commission, from Kevin Zambrowicz, Associate              where the Series 56 is currently an acceptable
                                                                                                        General Counsel & Managing Director, Securities           qualification standard. The Commission expects the
                                              Trader Principal Registration                                                                                       exchanges to file their proposed rule changes to
                                                                                                        Industry and Financial Markets Association, dated
                                              Categories                                                July 10, 2015 (‘‘SIFMA Letter’’) and Michele Van          effectuate this change before FINRA’s expected
                                                                                                        Tassel, President, Association of Registration            effective date for the Series 57—January 4, 2016.
                                              August 28, 2015.                                          Management, dated July 19, 2015 (‘‘ARM Letter’’).            9 A person who was registered as an Equity
tkelley on DSK3SPTVN1PROD with NOTICES




                                              I. Introduction
                                                                                                           5 There is an exception to this requirement for        Trader in the CRD system before the effective date
                                                                                                        any person associated with a FINRA member whose           of the proposed rule change will be eligible to
                                                 On June 29, 2015, the Financial                        trading activities are conducted principally on           register as a Securities Trader without having to
                                              Industry Regulatory Authority, Inc.                       behalf of an investment company that is registered        take any additional examinations, provided that no
                                                                                                        with the Commission pursuant to the Investment            more than two years has passed between the date
                                              (‘‘FINRA’’) filed with the Securities and                 Company Act of 1940 and that controls, is                 the person was last registered as a representative
                                                                                                        controlled by, or is under common control with the        and the date the person registers as a Securities
                                                28 17   CFR 200.30–3(a)(12).                            member.                                                   Trader.



                                         VerDate Sep<11>2014     14:42 Sep 02, 2015   Jkt 235001   PO 00000   Frm 00093   Fmt 4703   Sfmt 4703   E:\FR\FM\03SEN1.SGM      03SEN1


                                              53370                      Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices

                                              the securities trading activities set forth              however, will be required to                            manipulative acts and practices, to
                                              in NASD Rule 1032(f)(1) is required to                   affirmatively register persons who                      promote just and equitable principles of
                                              qualify and register as an Equity Trader.                transition to Securities Trader                         trade, and, in general, to protect
                                              FINRA rules do not expressly require                     Principals on or after the effective date               investors and the public interest. The
                                              such person to register in a specific                    of the proposed rule change.12                          Commission also finds that the
                                              principal registration category. On the                                                                          proposed rule change is consistent with
                                                                                                       III. Comment Letters
                                              other hand, most national securities                                                                             Section 15A(g)(3) of the Act,18 which
                                              exchanges expressly require that an                         The Commission received two                          requires FINRA to prescribe standards
                                              individual associated with an exchange                   comment letters that support the                        of training, experience, and competence
                                              member who has supervisory                               proposed rule change.13 These                           for persons associated with FINRA
                                              responsibility over proprietary trading                  commenters note that the proposal                       members. The proposed rule change
                                              activities qualify and register as a                     would eliminate or reduce redundancies                  should harmonize the qualification and
                                              Proprietary Trader Principal.                            and inefficiencies that exist in the                    registration requirements for individuals
                                                 In its proposal, FINRA amends NASD                    current qualification regime.14 These                   engaged in securities trading activities
                                              Rule 1022(a) to require each person                      commenters also support the timeline                    across different markets and for
                                              associated with a FINRA member who                       for implementing the proposed rule                      principals responsible for supervising
                                              is included within the definition of                     change.15                                               such activities. In addition, by explicitly
                                              ‘‘principal’’ in NASD Rule 1021 and                      IV. Discussion and Commission                           requiring the registration of Securities
                                              who has supervisory responsibility over                  Findings                                                Trader Principals, as such, the proposal
                                              the securities trading activities                                                                                will help FINRA to identify and contact
                                                                                                         After careful review of the proposed
                                              described in NASD Rule 1032(f)(1) to                                                                             principals with supervisory
                                                                                                       rule change and the comment letters,
                                              qualify and register as a Securities                                                                             responsibility over the securities trading
                                                                                                       the Commission finds that the proposed
                                              Trader Principal. To qualify for                                                                                 activities described in NASD Rule
                                                                                                       rule change is consistent with the
                                              registration as a Securities Trader                                                                              1032(f)(1).
                                                                                                       requirements of the Act and the rules
                                              Principal, a person must first qualify                   and regulations thereunder that are                     V. Conclusion
                                              and register as a Securities Trader and                  applicable to a national securities
                                              then pass the General Securities                                                                                   It is therefore ordered, pursuant to
                                                                                                       association.16 Specifically, the                        Section 19(b)(2) of the Act,19 that the
                                              Principal qualification examination                      Commission finds that the proposed
                                              (Series 24).10 As proposed, a person                                                                             proposed rule change (SR–FINRA–
                                                                                                       rule change is consistent with Section                  2015–017) be, and hereby is,approved.
                                              who is qualified and registered only as                  15A(b)(6) of the Act,17 which requires,
                                              a Securities Trader Principal may only                   among other things, that FINRA rules be                   For the Commission, by the Division of
                                              have supervisory responsibility over the                                                                         Trading and Markets, pursuant to delegated
                                                                                                       designed to prevent fraudulent and
                                              activities specified in NASD Rule                                                                                authority.20
                                              1032(f)(1). Moreover, a person who is                                                                            Robert W. Errett,
                                                                                                       Proprietary Trader Principal registrations in the
                                              registered as a General Securities                       CRD system into Securities Trader Principal             Deputy Secretary.
                                              Principal will not be qualified to                       registrations.                                          [FR Doc. 2015–21869 Filed 9–2–15; 8:45 am]
                                                                                                         12 In connection with the proposals discussed
                                              supervise the trading activities                                                                                 BILLING CODE 8011–01–P
                                                                                                       above, and in anticipation of the national securities
                                              described in NASD Rule 1032(f)(1),                       exchanges filing similar proposed rule changes to
                                              unless the person qualifies and registers                replace the Series 56 examination with the Series
                                              as a Securities Trader by passing the                    57 examination in their respective registration         SECURITIES AND EXCHANGE
                                              Series 57 examination and affirmatively                  rules, FINRA proposes to amend the Form U4 to           COMMISSION
                                                                                                       replace: (1) the Equity Trader registration category
                                              registers as a Securities Trader                         with the Securities Trader registration category as     [Release No. 34–75787; File No. SR–EDGA–
                                              Principal.                                               well as references to the Series 55 examination with    2015–34]
                                                 As proposed, a person registered as a                 the Series 57 examination; (2) references to the
                                              General Securities Principal and an                      Series 56 examination with the Series 57
                                                                                                       examination; and (3) the Proprietary Trader
                                                                                                                                                               Self-Regulatory Organizations; EDGA
                                              Equity Trader in the CRD system on the                   Principal registration category with the Securities     Exchange, Inc.; Notice of Filing and
                                              effective date of the proposed rule                      Trader Principal registration category.                 Immediate Effectiveness of a Proposed
                                              change will be eligible to register as a                   13 See supra note 4.
                                                                                                                                                               Rule Change Related to Fees for a
                                                                                                         14 See SIFMA Letter at 3–4 and ARM Letter at 2.
                                              Securities Trader Principal without                                                                              Market Data Product Known as EDGA
                                                                                                         15 See SIFMA Letter at 4 and ARM Letter at 2.
                                              having to take any additional                                                                                    Book Viewer
                                                                                                       However, one commenter requests that FINRA
                                              examinations.11 FINRA members,                           provide some flexibility in the timeline given the
                                                                                                                                                               August 28, 2015.
                                                                                                       other initiatives that member firms are currently
                                                10 The  exchanges have indicated that they plan to     undertaking or will undertake in the near future.          Pursuant to Section 19(b)(1) of the
                                              replace the Series 56 examination with the Series        See SIFMA Letter at 4. See also ARM Letter at 2.        Securities Exchange Act of 1934 (the
                                              57 examination under their respective registration       This commenter also encourages FINRA to                 ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                              rules, thus the Series 57 examination will also          coordinate the current proposal and the
                                              replace the Series 56 examination for those              Algorithmic Trading proposal that was set forth in
                                                                                                                                                               notice is hereby given that on August
                                              registration categories, such as the Proprietary         FINRA Regulatory Notice 15–06, and to implement         24, 2015, EDGA Exchange, Inc. (the
                                              Trader Principal registration category, where the        the Series 57 regime before implementing the            ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
                                              Series 56 examination is currently an acceptable         Algorithmic Trading proposal (assuming the              Securities and Exchange Commission
                                              prerequisite.                                            Algorithmic Trading proposal moves forward). See
                                                11 An individual who was registered as a General       SIFMA Letter at 5. Moreover, this commenter             (‘‘Commission’’) the proposed rule
                                              Securities Principal and an Equity Trader in the         encourages FINRA to solicit comment on the Series       change as described in Items I, II and III
                                              CRD system before the effective date of the              57 examination content through a Regulatory             below, which Items have been prepared
tkelley on DSK3SPTVN1PROD with NOTICES




                                              proposed rule change will also be eligible to register   Notice. See id. The Commission notes that FINRA         by the Exchange. The Exchange has
                                              as a Securities Trader Principal without having to       will file a proposed rule change to implement the
                                              take any additional examinations, provided that no       new exam. See Notice, supra note 3, at n. 6.
                                                                                                                                                                 18 15 U.S.C. 78o–3(g)(3).
                                                                                                         16 In approving this proposed rule change, the
                                              more than two years has passed between the date                                                                    19 15
                                              that person was last registered as a principal and       Commission has considered the proposed rule’s                   U.S.C. 78s(b)(2).
                                                                                                                                                                 20 17 CFR 200.30–3(a)(12).
                                              the date that person registers as a Securities Trader    impact on efficiency, competition, and capital
                                              Principal. Moreover, on the effective date of the        formation. See 15 U.S.C. 78c(f).                          1 15 U.S.C. 78s(b)(1).

                                              proposed rule change, FINRA will convert                   17 15 U.S.C. 78o–3(b)(6).                               2 17 CFR 240.19b–4.




                                         VerDate Sep<11>2014   14:42 Sep 02, 2015   Jkt 235001   PO 00000   Frm 00094   Fmt 4703   Sfmt 4703   E:\FR\FM\03SEN1.SGM       03SEN1



Document Created: 2015-12-15 09:56:58
Document Modified: 2015-12-15 09:56:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 53369 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR