83_FR_8572 83 FR 8533 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Revise the Investment Company and Variable Contracts Products Representative (Series 6) Examination

83 FR 8533 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Revise the Investment Company and Variable Contracts Products Representative (Series 6) Examination

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 39 (February 27, 2018)

Page Range8533-8535
FR Document2018-03893

Federal Register, Volume 83 Issue 39 (Tuesday, February 27, 2018)
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Notices]
[Pages 8533-8535]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03893]



[[Page 8533]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82754; File No. SR-FINRA-2018-007]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Revise the Investment Company and Variable 
Contracts Products Representative (Series 6) Examination

February 21, 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 February 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 stated policy, 
practice, or interpretation with respect to the meaning, 
administration, or enforcement of an existing rule'' under Section 
19(b)(3)(A)(i) of the Act \3\ and Rule 19b-4(f)(1) thereunder,\4\ 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is proposing revisions to the content outline and selection 
specifications for the Investment Company and Variable Contracts 
Products Representative (Series 6) examination as part of the 
restructuring of the representative-level examination program.\5\ The 
proposed revisions also update the material to reflect changes to the 
laws, rules and regulations covered by the examination. In addition, 
FINRA is proposing to make changes to the format of the content 
outline. FINRA is not proposing any textual changes to the By-Laws, 
Schedules to the By-Laws or Rules of FINRA.
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    \5\ FINRA also is proposing corresponding revisions to the 
Series 6 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)(1) 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.
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    The revised Series 6 content outline is attached.\6\ The revised 
Series 6 selection specifications have been submitted to the Commission 
under separate cover with a request for confidential treatment pursuant 
to SEA Rule 24b-2.\7\
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    \6\ The Commission notes that the content outline is attached to 
the filing, not to this Notice.
    \7\ 17 CFR 240.24b-2.
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    The text of the proposed rule change is available on FINRA's 
website at http://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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Section 15A(g)(3) of the Act \8\ 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.
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    \8\ 15 U.S.C. 78o-3(g)(3).
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    The SEC recently approved a proposed rule change to restructure the 
FINRA representative-level qualification examination program.\9\ The 
rule change, which will become effective on October 1, 2018,\10\ 
restructures the examination program into a new format whereby all new 
representative-level applicants will be required to take a general 
knowledge examination (the Securities Industry Essentials or SIE 
\TM\) and a tailored, specialized knowledge examination (a 
revised representative-level qualification examination) for their 
particular registered role.
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    \9\ See Securities Exchange Act Release No. 81098 (July 7, 
2017), 82 FR 32419 (July 13, 2017) (Order Approving File No. SR-
FINRA-2017-007).
    \10\ See Regulatory Notice 17-30 (SEC Approves Consolidated 
FINRA Registration Rules, Restructured Representative-Level 
Qualification Examinations and Changes to Continuing Education 
Requirements) (October 2017).
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    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.\11\ 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.\12\
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    \11\ Each of the current representative-level examinations 
covers general securities knowledge, with the exception of the 
Research Analyst (Series 86 and 87) examinations.
    \12\ FINRA filed the SIE content outline with the SEC for 
immediate effectiveness. See Securities Exchange Act Release No. 
82578 (January 24, 2018), 83 FR 4375 (January 30, 2018) (Notice of 
Filing and Immediate Effectiveness of File No. SR-FINRA-2018-002). 
In addition to the proposed rule change relating to the revised 
Series 6 examination, FINRA is filing with the Commission for 
immediate effectiveness the content outlines for the other revised 
representative-level qualification examinations.
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    As part of the restructuring process and in consultation with a 
committee of industry representatives, FINRA undertook a review of the 
Investment Company and Variable Contracts Products Representative 
(Series 6) examination to remove the general securities knowledge 
currently covered on the examination and to create a tailored 
examination to test knowledge relevant to the day-to-day activities, 
responsibilities and job functions of an Investment Company and 
Variable Contracts Products Representative. As a result of this review, 
FINRA also is proposing to revise the Series 6 content outline to 
reflect changes to the laws, rules and regulations covered by the 
examination. In addition, FINRA is proposing to make changes to the 
format of the Series 6 content outline.
    Beginning on October 1, 2018, new applicants seeking to register as

[[Page 8534]]

Investment Company and Variable Contracts Products Representatives must 
pass the SIE examination and the revised Investment Company and 
Variable Contracts Products Representative (Series 6) examination.

Current Content Outline

    The current Series 6 content outline is divided into four major job 
functions that are performed by an Investment Company and Variable 
Contracts Products Representative. The following are the four major job 
functions, denoted Function 1 through Function 4, with the associated 
number of questions:
    Function 1: Regulatory fundamentals and business development, 22 
questions;
    Function 2: Evaluates customers' financial information, identifies 
investment objectives, provides information on investment products, and 
makes suitable recommendations, 47 questions;
    Function 3: Opens, maintains, transfers and closes accounts and 
retains appropriate account records, 21 questions; and
    Function 4: Obtains, verifies, and confirms customer purchase and 
sale instructions, 10 questions.
    Each function also includes specific tasks describing activities 
associated with performing that function. There are four tasks (1.1-
1.4) associated with Function 1; four tasks (2.1-2.4) associated with 
Function 2; three tasks (3.1-3.3) associated with Function 3; and two 
tasks (4.1-4.2) associated with Function 4. For example, one such task 
(Task 2.1) is to gather customers' financial and non-financial 
information to identify, analyze, and assess risk tolerance, investment 
experience and sophistication level. Further, the content outline lists 
the knowledge required to perform each function and associated tasks 
(e.g., account authorizations and legal documents). In addition, where 
applicable, the content outline lists the laws, rules and regulations a 
candidate is expected to know to perform each function and associated 
tasks. These include applicable federal securities laws, as well as 
FINRA and other self-regulatory organization rules and regulations. The 
current content outline also includes a preface (e.g., table of 
contents, details regarding the purpose of the examination and 
eligibility requirements), sample questions and reference materials.

Revised Content Outline

    As noted above, FINRA is proposing to move the general securities 
knowledge currently covered on the Series 6 examination 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 Series 6 examination. As a result, the 
revised Series 6 examination will test knowledge specific to the day-
to-day activities, responsibilities and job functions of an Investment 
Company and Variable Contracts Products Representative.
    Further, FINRA is proposing to make changes to the major job 
functions that are performed by an Investment Company and Variable 
Contracts Products Representative. The proposed change aligns the major 
job functions performed by an Investment Company and Variable Contracts 
Products Representative with the major job functions performed by other 
sales representatives, including General Securities Representatives, 
Direct Participation Programs Representatives and Private Securities 
Offerings Representatives. The following are the revised job functions, 
denoted Function 1 through Function 4, with the associated number of 
questions:
    Function 1: Seeks Business for the Broker-Dealer from Customers and 
Potential Customers, 12 questions;
    Function 2: Opens Accounts After Obtaining and Evaluating 
Customers' Financial Profile and Investment Objectives, 8 questions;
    Function 3: Provides Customers with Information About Investments, 
Makes Suitable Recommendations, Transfers Assets and Maintains 
Appropriate Records, 25 questions; and
    Function 4: Obtains and Verifies Customers' Purchase and Sales 
Instructions; Processes, Completes and Confirms Transactions, 5 
questions.
    FINRA also is proposing to adjust the number of questions assigned 
to each major job function to ensure that the overall examination 
better reflects the key tasks performed by an Investment Company and 
Variable Contracts Products Representative. The questions on the 
revised Series 6 examination will place emphasis on tasks such as 
seeking business for the broker-dealer from customers and potential 
customers, opening customer accounts, providing customers with suitable 
recommendations and verifying customer agreements and transactions.
    Further, FINRA is proposing to make changes to the specific tasks 
associated with performing each function. There are two tasks (1.1-1.2) 
associated with Function 1; \13\ four tasks (2.1-2.4) associated with 
Function 2; \14\ four tasks (3.1-3.4) associated with Function 3; \15\ 
and three tasks (4.1-4.3) associated with Function 4.\16\ For example, 
one such task (Task 1.1) is contacting current and potential customers 
in person and by telephone, mail and electronic means, developing 
promotional and advertising materials and seeking appropriate approvals 
to distribute marketing materials.\17\ The content outline also lists 
the knowledge required to perform each revised function and associated 
tasks (e.g., standards and required approvals of communications). In 
addition, where applicable, the content outline lists the laws, rules 
and regulations a candidate is expected to know to perform each revised 
function and associated tasks (e.g., FINRA Rule 2111 (Suitability)).
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    \13\ See Exhibit 3a, Outline Pages 3-4. The outline is attached 
as Exhibit 3a to the 19b-4 form.
    \14\ See Exhibit 3a, Outline Pages 5-6.
    \15\ See Exhibit 3a, Outline Pages 7-10.
    \16\ See Exhibit 3a, Outline Pages 11-12.
    \17\ See Exhibit 3a, Outline Page 3.
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    FINRA also is proposing to revise the content outline to reflect 
changes to the laws, rules and regulations covered by the examination. 
Among other revisions, FINRA is proposing to revise the content outline 
to reflect the adoption of new FINRA rules (e.g., FINRA Rule 2273 
(Educational Communication Related to Recruitment Practices and Account 
Transfers)).
    FINRA is proposing similar changes to the Series 6 selection 
specifications and question bank.
    Finally, FINRA is proposing to make changes to the format of the 
content outline, including to the preface, sample questions and 
reference materials.\18\ Among other changes, FINRA is proposing to: 
(1) Reduce the preface to one page of introductory information; (2) 
streamline details regarding the purpose of the examination; (3) move 
the application procedures to FINRA's website; and (4) explain that the 
passing score is established using a standard setting procedure, and 
that a statistical adjustment process known as equating is used in 
scoring the examination.\19\
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    \18\ FINRA is proposing similar changes to the content outlines 
for other representative-level examinations.
    \19\ See Exhibit 3a, Outline Page 2.
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    As a result of the proposed changes, the number of scored questions 
on the Series 6 examination will be reduced from 100 questions to 50 
questions.\20\

[[Page 8535]]

Further, the test time, which is the amount of time candidates will 
have to complete the examination, will be reduced from two hours and 15 
minutes to one hour and 30 minutes. Currently, a score of 70 percent is 
required to pass the examination. FINRA will publish the passing score 
of the revised Series 6 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 Series 6 examination includes five 
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 Series 6 
examination actually consists of 55 questions, 50 of which are 
scored. The five pretest questions are randomly distributed 
throughout the examination.
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Availability of Content Outline

    The current Series 6 content outline is available on FINRA's 
website. The revised Series 6 content outline will replace the current 
content outline on FINRA's website, and it will be made available on 
the website on the date of this filing.
    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 proposed revisions to the Series 6 
examination program are 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 examination program, without compromising the qualification 
standards, by removing the general knowledge content currently covered 
on the Series 6 examination, since that content will be covered in the 
co-requisite SIE examination. In addition, the proposed revisions will 
further the purposes of the Act by updating the examination program to 
reflect changes to the laws, rules and regulations covered by the 
examination.
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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 updated examination aligns 
with the functions and associated tasks currently performed by an 
Investment Company and Variable Contracts Products Representative and 
tests knowledge of the most current laws, rules, regulations and skills 
relevant to those functions and associated tasks. As such, the proposed 
revisions would make the examination more effective. 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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \24\ and paragraph (f)(1) of Rule 19b-4 
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.
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    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 17 CFR 240.19b-4(f)(1).
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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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-FINRA-2018-007 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-2018-007. 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 (http://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-2018-007 and should be submitted 
on or before March 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. 2018-03893 Filed 2-26-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices                                                    8533

                                               SECURITIES AND EXCHANGE                                 format of the content outline. FINRA is               1, 2018,10 restructures the examination
                                               COMMISSION                                              not proposing any textual changes to the              program into a new format whereby all
                                                                                                       By-Laws, Schedules to the By-Laws or                  new representative-level applicants will
                                               [Release No. 34–82754; File No. SR–FINRA–
                                               2018–007]
                                                                                                       Rules of FINRA.                                       be required to take a general knowledge
                                                                                                          The revised Series 6 content outline is            examination (the Securities Industry
                                               Self-Regulatory Organizations;                          attached.6 The revised Series 6 selection             Essentials or SIE TM) and a tailored,
                                               Financial Industry Regulatory                           specifications have been submitted to                 specialized knowledge examination (a
                                               Authority, Inc.; Notice of Filing and                   the Commission under separate cover                   revised representative-level
                                               Immediate Effectiveness of a Proposed                   with a request for confidential treatment             qualification examination) for their
                                               Rule Change To Revise the Investment                    pursuant to SEA Rule 24b–2.7                          particular registered role.
                                               Company and Variable Contracts                             The text of the proposed rule change                  The restructured program eliminates
                                               Products Representative (Series 6)                      is available on FINRA’s website at                    duplicative testing of general securities
                                               Examination                                             http://www.finra.org, at the principal                knowledge on the current
                                                                                                       office of FINRA and at the                            representative-level qualification
                                               February 21, 2018.                                      Commission’s Public Reference Room.                   examinations by moving such content
                                                  Pursuant to Section 19(b)(1) of the                  [sic]                                                 into the SIE examination.11 The SIE
                                               Securities Exchange Act of 1934                                                                               examination will test fundamental
                                               (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 II. Self-Regulatory Organization’s
                                                                                                                                                             securities-related knowledge, including
                                               notice is hereby given that on February                 Statement of the Purpose of, and
                                                                                                                                                             knowledge of basic products, the
                                               12, 2018, Financial Industry Regulatory                 Statutory Basis for, the Proposed Rule
                                                                                                                                                             structure and function of the securities
                                               Authority, Inc. (‘‘FINRA’’) filed with the              Change
                                                                                                                                                             industry, the regulatory agencies and
                                               Securities and Exchange Commission                        In its filing with the Commission,                  their functions and regulated and
                                               (‘‘SEC’’ or ‘‘Commission’’) the proposed                FINRA included statements concerning                  prohibited practices, whereas the
                                               rule change as described in Items I, II,                the purpose of and basis for the                      revised representative-level
                                               and III below, which Items have been                    proposed rule change and discussed any                qualification examinations will test
                                               prepared by FINRA. FINRA has                            comments it received on the proposed                  knowledge relevant to day-to-day
                                               designated the proposed rule change as                  rule change. The text of these statements             activities, responsibilities and job
                                               ‘‘constituting a stated policy, practice,               may be examined at the places specified               functions of representatives.12
                                               or interpretation with respect to the                   in Item IV below. FINRA has prepared                     As part of the restructuring process
                                               meaning, administration, or                             summaries, set forth in sections A, B,                and in consultation with a committee of
                                               enforcement of an existing rule’’ under                 and C below, of the most significant                  industry representatives, FINRA
                                               Section 19(b)(3)(A)(i) of the Act 3 and                 aspects of such statements.                           undertook a review of the Investment
                                               Rule 19b–4(f)(1) thereunder,4 which                                                                           Company and Variable Contracts
                                                                                                       A. Self-Regulatory Organization’s
                                               renders the proposal effective upon                                                                           Products Representative (Series 6)
                                                                                                       Statement of the Purpose of, and
                                               receipt of this filing by the Commission.                                                                     examination to remove the general
                                                                                                       Statutory Basis for, the Proposed Rule
                                               The Commission is publishing this                                                                             securities knowledge currently covered
                                                                                                       Change
                                               notice to solicit comments on the                                                                             on the examination and to create a
                                               proposed rule change from interested                    1. Purpose                                            tailored examination to test knowledge
                                               persons.                                                  Section 15A(g)(3) of the Act 8                      relevant to the day-to-day activities,
                                               I. Self-Regulatory Organization’s                       authorizes FINRA to prescribe standards               responsibilities and job functions of an
                                               Statement of the Terms of Substance of                  of training, experience, and competence               Investment Company and Variable
                                               the Proposed Rule Change                                for persons associated with FINRA                     Contracts Products Representative. As a
                                                                                                       members. In accordance with that                      result of this review, FINRA also is
                                                  FINRA is proposing revisions to the                                                                        proposing to revise the Series 6 content
                                                                                                       provision, FINRA has developed
                                               content outline and selection                                                                                 outline to reflect changes to the laws,
                                                                                                       examinations that are designed to
                                               specifications for the Investment                                                                             rules and regulations covered by the
                                                                                                       establish that persons associated with
                                               Company and Variable Contracts                                                                                examination. In addition, FINRA is
                                                                                                       FINRA members have attained specified
                                               Products Representative (Series 6)                                                                            proposing to make changes to the format
                                                                                                       levels of competence and knowledge,
                                               examination as part of the restructuring                                                                      of the Series 6 content outline.
                                                                                                       consistent with applicable registration
                                               of the representative-level examination                                                                          Beginning on October 1, 2018, new
                                                                                                       requirements under FINRA rules.
                                               program.5 The proposed revisions also                                                                         applicants seeking to register as
                                                                                                       FINRA periodically reviews the content
                                               update the material to reflect changes to
                                                                                                       of the examinations to determine
                                               the laws, rules and regulations covered                                                                          10 See Regulatory Notice 17–30 (SEC Approves
                                                                                                       whether revisions are necessary or
                                               by the examination. In addition, FINRA                                                                        Consolidated FINRA Registration Rules,
                                                                                                       appropriate in view of changes                        Restructured Representative-Level Qualification
                                               is proposing to make changes to the
                                                                                                       pertaining to the subject matter covered              Examinations and Changes to Continuing Education
                                                                                                       by the examinations.                                  Requirements) (October 2017).
                                                 1 15  U.S.C. 78s(b)(1).                                                                                        11 Each of the current representative-level
                                                 2 17  CFR 240.19b–4.                                    The SEC recently approved a
                                                                                                                                                             examinations covers general securities knowledge,
                                                  3 15 U.S.C. 78s(b)(3)(A)(i).                         proposed rule change to restructure the               with the exception of the Research Analyst (Series
                                                  4 17 CFR 240.19b–4(f)(1).                            FINRA representative-level qualification              86 and 87) examinations.
                                                  5 FINRA also is proposing corresponding              examination program.9 The rule change,                   12 FINRA filed the SIE content outline with the

                                               revisions to the Series 6 question bank. Based on       which will become effective on October                SEC for immediate effectiveness. See Securities
daltland on DSKBBV9HB2PROD with NOTICES




                                               instruction from SEC staff, FINRA is submitting this                                                          Exchange Act Release No. 82578 (January 24, 2018),
                                               filing for immediate effectiveness pursuant to             6 The Commission notes that the content outline
                                                                                                                                                             83 FR 4375 (January 30, 2018) (Notice of Filing and
                                               Section 19(b)(3)(A) of the Act and Rule 19b–4(f)(1)                                                           Immediate Effectiveness of File No. SR–FINRA–
                                               thereunder, and is not filing the question bank. See    is attached to the filing, not to this Notice.        2018–002). In addition to the proposed rule change
                                                                                                          7 17 CFR 240.24b–2.
                                               Letter to Alden S. Adkins, Senior Vice President                                                              relating to the revised Series 6 examination, FINRA
                                                                                                          8 15 U.S.C. 78o–3(g)(3).
                                               and General Counsel, NASD Regulation, from                                                                    is filing with the Commission for immediate
                                               Belinda Blaine, Associate Director, Division of            9 See Securities Exchange Act Release No. 81098    effectiveness the content outlines for the other
                                               Market Regulation, SEC, dated July 24, 2000. The        (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order    revised representative-level qualification
                                               question bank is available for SEC review.              Approving File No. SR–FINRA–2017–007).                examinations.



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                                               8534                        Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices

                                               Investment Company and Variable                         knowledge currently covered on the                    Function 1; 13 four tasks (2.1–2.4)
                                               Contracts Products Representatives                      Series 6 examination to the SIE                       associated with Function 2; 14 four tasks
                                               must pass the SIE examination and the                   examination. For example, FINRA Rule                  (3.1–3.4) associated with Function 3; 15
                                               revised Investment Company and                          3220 (Influencing or Rewarding                        and three tasks (4.1–4.3) associated with
                                               Variable Contracts Products                             Employees of Others) (the Gifts Rule)                 Function 4.16 For example, one such
                                               Representative (Series 6) examination.                  will now be tested on the SIE                         task (Task 1.1) is contacting current and
                                                                                                       examination, rather than on the Series 6              potential customers in person and by
                                               Current Content Outline
                                                                                                       examination. As a result, the revised                 telephone, mail and electronic means,
                                                  The current Series 6 content outline is              Series 6 examination will test                        developing promotional and advertising
                                               divided into four major job functions                   knowledge specific to the day-to-day                  materials and seeking appropriate
                                               that are performed by an Investment                     activities, responsibilities and job                  approvals to distribute marketing
                                               Company and Variable Contracts                          functions of an Investment Company                    materials.17 The content outline also
                                               Products Representative. The following                  and Variable Contracts Products                       lists the knowledge required to perform
                                               are the four major job functions,                       Representative.                                       each revised function and associated
                                               denoted Function 1 through Function 4,                     Further, FINRA is proposing to make                tasks (e.g., standards and required
                                               with the associated number of                           changes to the major job functions that               approvals of communications). In
                                               questions:                                              are performed by an Investment                        addition, where applicable, the content
                                                  Function 1: Regulatory fundamentals                  Company and Variable Contracts                        outline lists the laws, rules and
                                               and business development, 22                            Products Representative. The proposed                 regulations a candidate is expected to
                                               questions;                                              change aligns the major job functions                 know to perform each revised function
                                                  Function 2: Evaluates customers’                                                                           and associated tasks (e.g., FINRA Rule
                                                                                                       performed by an Investment Company
                                               financial information, identifies                                                                             2111 (Suitability)).
                                                                                                       and Variable Contracts Products
                                               investment objectives, provides                                                                                  FINRA also is proposing to revise the
                                                                                                       Representative with the major job
                                               information on investment products,                                                                           content outline to reflect changes to the
                                                                                                       functions performed by other sales
                                               and makes suitable recommendations,                                                                           laws, rules and regulations covered by
                                                                                                       representatives, including General
                                               47 questions;                                                                                                 the examination. Among other
                                                  Function 3: Opens, maintains,                        Securities Representatives, Direct
                                                                                                       Participation Programs Representatives                revisions, FINRA is proposing to revise
                                               transfers and closes accounts and                                                                             the content outline to reflect the
                                               retains appropriate account records, 21                 and Private Securities Offerings
                                                                                                       Representatives. The following are the                adoption of new FINRA rules (e.g.,
                                               questions; and                                                                                                FINRA Rule 2273 (Educational
                                                  Function 4: Obtains, verifies, and                   revised job functions, denoted Function
                                                                                                       1 through Function 4, with the                        Communication Related to Recruitment
                                               confirms customer purchase and sale                                                                           Practices and Account Transfers)).
                                               instructions, 10 questions.                             associated number of questions:
                                                                                                                                                                FINRA is proposing similar changes
                                                  Each function also includes specific                    Function 1: Seeks Business for the
                                                                                                                                                             to the Series 6 selection specifications
                                               tasks describing activities associated                  Broker-Dealer from Customers and
                                                                                                                                                             and question bank.
                                               with performing that function. There are                Potential Customers, 12 questions;                       Finally, FINRA is proposing to make
                                               four tasks (1.1–1.4) associated with                       Function 2: Opens Accounts After                   changes to the format of the content
                                               Function 1; four tasks (2.1–2.4)                        Obtaining and Evaluating Customers’                   outline, including to the preface, sample
                                               associated with Function 2; three tasks                 Financial Profile and Investment                      questions and reference materials.18
                                               (3.1–3.3) associated with Function 3;                   Objectives, 8 questions;                              Among other changes, FINRA is
                                               and two tasks (4.1–4.2) associated with                    Function 3: Provides Customers with                proposing to: (1) Reduce the preface to
                                               Function 4. For example, one such task                  Information About Investments, Makes                  one page of introductory information;
                                               (Task 2.1) is to gather customers’                      Suitable Recommendations, Transfers                   (2) streamline details regarding the
                                               financial and non-financial information                 Assets and Maintains Appropriate                      purpose of the examination; (3) move
                                               to identify, analyze, and assess risk                   Records, 25 questions; and                            the application procedures to FINRA’s
                                               tolerance, investment experience and                       Function 4: Obtains and Verifies                   website; and (4) explain that the passing
                                               sophistication level. Further, the                      Customers’ Purchase and Sales                         score is established using a standard
                                               content outline lists the knowledge                     Instructions; Processes, Completes and                setting procedure, and that a statistical
                                               required to perform each function and                   Confirms Transactions, 5 questions.                   adjustment process known as equating
                                               associated tasks (e.g., account                                                                               is used in scoring the examination.19
                                                                                                          FINRA also is proposing to adjust the
                                               authorizations and legal documents). In                                                                          As a result of the proposed changes,
                                                                                                       number of questions assigned to each
                                               addition, where applicable, the content                                                                       the number of scored questions on the
                                                                                                       major job function to ensure that the
                                               outline lists the laws, rules and                                                                             Series 6 examination will be reduced
                                                                                                       overall examination better reflects the
                                               regulations a candidate is expected to                                                                        from 100 questions to 50 questions.20
                                                                                                       key tasks performed by an Investment
                                               know to perform each function and
                                                                                                       Company and Variable Contracts
                                               associated tasks. These include                                                                                  13 See Exhibit 3a, Outline Pages 3–4. The outline
                                                                                                       Products Representative. The questions
                                               applicable federal securities laws, as                                                                        is attached as Exhibit 3a to the 19b–4 form.
                                                                                                       on the revised Series 6 examination will                 14 See Exhibit 3a, Outline Pages 5–6.
                                               well as FINRA and other self-regulatory
                                                                                                       place emphasis on tasks such as seeking                  15 See Exhibit 3a, Outline Pages 7–10.
                                               organization rules and regulations. The
                                                                                                       business for the broker-dealer from                      16 See Exhibit 3a, Outline Pages 11–12.
                                               current content outline also includes a
                                                                                                       customers and potential customers,                       17 See Exhibit 3a, Outline Page 3.
                                               preface (e.g., table of contents, details
                                                                                                       opening customer accounts, providing                     18 FINRA is proposing similar changes to the
                                               regarding the purpose of the
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                                                                                                       customers with suitable                               content outlines for other representative-level
                                               examination and eligibility                                                                                   examinations.
                                                                                                       recommendations and verifying
                                               requirements), sample questions and                                                                              19 See Exhibit 3a, Outline Page 2.
                                                                                                       customer agreements and transactions.                    20 Consistent with FINRA’s practice of including
                                               reference materials.
                                                                                                          Further, FINRA is proposing to make                ‘‘pretest’’ questions on examinations, the Series 6
                                               Revised Content Outline                                 changes to the specific tasks associated              examination includes five additional, unidentified
                                                                                                                                                             pretest questions that do not contribute towards the
                                                 As noted above, FINRA is proposing                    with performing each function. There                  candidate’s score. The pretest questions are
                                               to move the general securities                          are two tasks (1.1–1.2) associated with               designed to ensure that new examination questions



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                                                                            Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices                                                 8535

                                               Further, the test time, which is the                    B. Self-Regulatory Organization’s                     Electronic Comments
                                               amount of time candidates will have to                  Statement on Burden on Competition
                                               complete the examination, will be                                                                               • Use the Commission’s internet
                                               reduced from two hours and 15 minutes                     FINRA does not believe that the                     comment form (http://www.sec.gov/
                                               to one hour and 30 minutes. Currently,                  proposed rule change will result in any               rules/sro.shtml); or
                                               a score of 70 percent is required to pass               burden on competition that is not                       • Send an email to rule-comments@
                                               the examination. FINRA will publish                     necessary or appropriate in furtherance               sec.gov. Please include File Number SR–
                                               the passing score of the revised Series                 of the purposes of the Act. The updated               FINRA–2018–007 on the subject line.
                                                                                                       examination aligns with the functions
                                               6 examination on its website, at
                                                                                                       and associated tasks currently                        Paper Comments
                                               www.finra.org, prior to its first
                                                                                                       performed by an Investment Company
                                               administration.
                                                                                                       and Variable Contracts Products                         • Send paper comments in triplicate
                                               Availability of Content Outline                         Representative and tests knowledge of                 to Secretary, Securities and Exchange
                                                                                                       the most current laws, rules, regulations             Commission, 100 F Street NE,
                                                 The current Series 6 content outline is               and skills relevant to those functions                Washington, DC 20549–1090.
                                               available on FINRA’s website. The                       and associated tasks. As such, the                    All submissions should refer to File
                                               revised Series 6 content outline will                   proposed revisions would make the                     Number SR–FINRA–2018–007. This file
                                               replace the current content outline on                  examination more effective. FINRA also                number should be included on the
                                               FINRA’s website, and it will be made                    provided a detailed economic impact
                                                                                                                                                             subject line if email is used. To help the
                                               available on the website on the date of                 assessment regarding the introduction of
                                                                                                                                                             Commission process and review your
                                               this filing.                                            the SIE examination and the
                                                                                                       restructuring of the representative-level             comments more efficiently, please use
                                                 FINRA is filing the proposed rule                                                                           only one method. The Commission will
                                               change for immediate effectiveness. The                 examinations as part of the proposed
                                                                                                       rule change to restructure the FINRA                  post all comments on the Commission’s
                                               implementation date will be October 1,                                                                        internet website (http://www.sec.gov/
                                               2018, to coincide with the                              representative-level qualification
                                                                                                       examination program.23                                rules/sro.shtml). Copies of the
                                               implementation of the restructured                                                                            submission, all subsequent
                                               representative-level examination                        C. Self-Regulatory Organization’s                     amendments, all written statements
                                               program. FINRA will also announce the                   Statement on Comments on the                          with respect to the proposed rule
                                               implementation date of the proposed                     Proposed Rule Change Received From                    change that are filed with the
                                               rule change in a Regulatory Notice.                     Members, Participants, or Others                      Commission, and all written
                                               2. Statutory Basis                                        Written comments were neither                       communications relating to the
                                                                                                       solicited nor received.                               proposed rule change between the
                                                  FINRA believes that the proposed                                                                           Commission and any person, other than
                                               revisions to the Series 6 examination                   III. Date of Effectiveness of the                     those that may be withheld from the
                                               program are consistent with the                         Proposed Rule Change and Timing for                   public in accordance with the
                                               provisions of Section 15A(b)(6) of the                  Commission Action                                     provisions of 5 U.S.C. 552, will be
                                               Act,21 which requires, among other                                                                            available for website viewing and
                                               things, that FINRA rules must be                           The foregoing rule change has become
                                                                                                       effective pursuant to Section 19(b)(3)(A)             printing in the Commission’s Public
                                               designed to prevent fraudulent and                                                                            Reference Room, 100 F Street NE,
                                               manipulative acts and practices, to                     of the Act 24 and paragraph (f)(1) of Rule
                                                                                                       19b–4 thereunder.25 At any time within                Washington, DC 20549, on official
                                               promote just and equitable principles of                                                                      business days between the hours of
                                               trade, and, in general, to protect                      60 days of the filing of the proposed rule
                                                                                                       change, the Commission summarily may                  10:00 a.m. and 3:00 p.m. Copies of the
                                               investors and the public interest, and
                                                                                                       temporarily suspend such rule change if               filing also will be available for
                                               Section 15A(g)(3) of the Act,22 which
                                                                                                       it appears to the Commission that such                inspection and copying at the principal
                                               authorizes FINRA to prescribe standards
                                                                                                       action is necessary or appropriate in the             office of FINRA. All comments received
                                               of training, experience, and competence
                                                                                                       public interest, for the protection of                will be posted without change. Persons
                                               for persons associated with FINRA
                                                                                                       investors, or otherwise in furtherance of             submitting comments are cautioned that
                                               members. The proposed rule change
                                                                                                       the purposes of the Act. If the                       we do not redact or edit personal
                                               will improve the examination program,
                                                                                                       Commission takes such action, the                     identifying information from comment
                                               without compromising the qualification
                                                                                                       Commission shall institute proceedings                submissions. You should submit only
                                               standards, by removing the general
                                                                                                       to determine whether the proposed rule                information that you wish to make
                                               knowledge content currently covered on
                                                                                                       should be approved or disapproved.                    available publicly. All submissions
                                               the Series 6 examination, since that
                                               content will be covered in the co-                      IV. Solicitation of Comments                          should refer to File Number SR–FINRA–
                                               requisite SIE examination. In addition,                                                                       2018–007 and should be submitted on
                                               the proposed revisions will further the                   Interested persons are invited to                   or before March 20, 2018.
                                               purposes of the Act by updating the                     submit written data, views and                          For the Commission, by the Division of
                                               examination program to reflect changes                  arguments concerning the foregoing,                   Trading and Markets, pursuant to delegated
                                               to the laws, rules and regulations                      including whether the proposed rule                   authority.26
                                               covered by the examination.                             change is consistent with the Act.
                                                                                                                                                             Eduardo A. Aleman,
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                                                                                                       Comments may be submitted by any of
                                                                                                       the following methods:                                Assistant Secretary.
                                               meet acceptable testing standards prior to use for                                                            [FR Doc. 2018–03893 Filed 2–26–18; 8:45 am]
                                               scoring purposes. Therefore, the Series 6
                                               examination actually consists of 55 questions, 50 of      23 See Securities Exchange Act Release No. 80371    BILLING CODE 8011–01–P
                                               which are scored. The five pretest questions are        (April 4, 2017), 82 FR 17336 (April 10, 2017)
                                               randomly distributed throughout the examination.        (Notice of Filing of File No. SR–FINRA–2017–007).
                                                 21 15 U.S.C. 78o–3(b)(6).                               24 15 U.S.C. 78s(b)(3)(A).
                                                 22 15 U.S.C. 78o–3(g)(3).                               25 17 CFR 240.19b–4(f)(1).                            26 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-27 01:14:39
Document Modified: 2018-02-27 01:14:39
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 Citation83 FR 8533 

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