83_FR_8598 83 FR 8559 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Revise the Research Analyst (Series 86 and 87) Examinations

83 FR 8559 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Revise the Research Analyst (Series 86 and 87) Examinations

SECURITIES AND EXCHANGE COMMISSION

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

Page Range8559-8561
FR Document2018-03890

Federal Register, Volume 83 Issue 39 (Tuesday, February 27, 2018)
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Notices]
[Pages 8559-8561]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03890]



[[Page 8559]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82751; File No. SR-FINRA-2018-005]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Revise the Research Analyst (Series 86 and 87) 
Examinations

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 9, 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 Research Analyst (Series 86 and 87) examinations 
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 examinations 
and to incorporate the functions and associated tasks currently 
performed by a Research Analyst. 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 86 and 87 question banks. 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 banks. 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 banks are 
available for SEC review.
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    The revised Series 86 and 87 content outline is attached.\6\ The 
revised Series 86 and 87 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 86 and 87 examinations, FINRA will file with the Commission 
for immediate effectiveness the content outlines for the other 
revised representative-level qualification examinations.
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    Currently, an individual registering as an equity Research Analyst 
must satisfy the General Securities Representative co-requisite 
registration and pass the Research Analyst (Series 86 and 87) 
examinations. The purpose of the current co-requisite is to ensure that 
Research Analysts have general securities knowledge, because the Series 
86 and 87 examinations do not cover such knowledge. As part of the 
restructuring process, FINRA has eliminated the requirement that 
individuals registering as Research Analysts satisfy the General 
Securities Representative co-requisite registration. Instead, 
individuals registering as Research Analysts will be required to pass 
the SIE examination, which will

[[Page 8560]]

cover general securities knowledge, as a co-requisite.
    Further, FINRA, in consultation with a committee of industry 
representatives, undertook a review of the Research Analyst (Series 86 
and 87) examinations to revise the Series 86 and 87 content outline to 
reflect changes to the laws, rules and regulations covered by the 
examinations and to incorporate the functions and associated tasks 
currently performed by a Research Analyst. The proposed change will 
align the organization of the Series 86 and 87 content outline with the 
organization of the content outlines of the other revised 
representative-level examinations.\13\ FINRA also is proposing to make 
other changes to the format of the Series 86 and 87 content outline.
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    \13\ FINRA currently has organized several FINRA qualification 
examinations, such as the Securities Trader (Series 57) examination, 
based on the functions that are performed by the respective 
registered persons and the associated tasks. FINRA is proposing 
similar layouts for all of the representative-level examinations, 
including the Series 86 and 87 examinations.
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    Beginning on October 1, 2018, new applicants seeking to register as 
Research Analysts must pass the SIE examination as well as the revised 
Research Analyst (Series 86 and 87) examinations.
Current Content Outline
    The Series 86 examination contains the analysis portion of the 
Research Analyst examinations and tests knowledge of fundamental 
analysis and valuation of equity securities. The Series 87 examination 
contains the regulatory portion of the Research Analyst examinations 
and tests knowledge of applicable rules and regulations pertaining to 
equity research. The current Series 86 and 87 content outline is 
divided into four sections. The Series 86 covers two sections and the 
Series 87 covers the other two sections. The following are the four 
sections, denoted Section 1 through Section 4, with the associated 
number of questions:
Series 86
    1. Information and Data Collection, 10 questions;
    2. Analysis, Modeling and Valuation, 90 questions;
Series 87
    3. Preparation of Research Reports, 32 questions; and
    4. Dissemination of Information, 18 questions.

    In addition, each section includes references to the applicable 
laws, rules and regulations associated with that section. The current 
content outline also includes a preface (addressing, among other 
things, the purpose, administration and scoring of the examination), 
sample questions and reference materials.
Revised Content Outline
    FINRA is proposing to update the content outline to reflect changes 
to the laws, rules and regulations covered by the examinations and to 
incorporate the functions and associated tasks currently performed by a 
Research Analyst. However, FINRA is not proposing to adjust the number 
of questions on the examinations or to adjust the number of questions 
assigned to each section on the current outline. Further, the proposed 
functions match the sections on the current outline. The following are 
the four major job functions, denoted Function 1 through Function 4, 
with the associated number of questions:
Series 86
    Function 1: Information and Data Collection, 10 questions;
    Function 2: Analysis, Modeling and Valuation, 90 questions;
Series 87
    Function 3: Preparation of Research Reports, 32 questions; and
    Function 4: Dissemination of Information, 18 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; \14\ four tasks (2.1-2.4) associated 
with Function 2;\15\ four tasks (3.1-3.4) associated with Function 3; 
\16\ and five tasks (4.1-4.5) associated with Function 4.\17\ For 
example, one such task (Task 1.1) is gathering macroeconomic data.\18\ 
Further, the content outline lists the knowledge required to perform 
each function and associated tasks (e.g., short- and long-term trends 
in the economy, demographic information, domestic and international 
issues). 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 (e.g., FINRA Rule 2241 (Research 
Analysts and Research Reports)).
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    \14\ See Exhibit 3a, Outline Page 3. The outline is attached as 
Exhibit 3a to the 19b-4 form.
    \15\ See Exhibit 3a, Outline Pages 4-6.
    \16\ See Exhibit 3a, Outline Pages 7-8.
    \17\ See Exhibit 3a, Outline Pages 9-10.
    \18\ See Exhibit 3a, Outline Page 3.
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    As noted above, 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 rules in the 
consolidated FINRA rulebook (e.g., NASD Rule 2711 (Research Analysts 
and Research Reports) was adopted as FINRA Rule 2241 (Research Analysts 
and Research Reports)).\19\
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    \19\ See Rule Conversion Chart, available at http://www.finra.org/industry/finra-rule-consolidation.
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    FINRA is proposing similar changes to the Series 86 and 87 
selection specifications and question banks.
    Finally, FINRA is proposing to make other changes to the format of 
the content outline, including to the preface, sample questions and 
reference materials.\20\ 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 examinations; (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 examinations.\21\
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    \20\ FINRA is proposing similar changes to the content outlines 
for other representative-level examinations.
    \21\ See Exhibit 3a, Outline Page 2.
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    The number of scored questions on the Series 86 examination will 
remain at 100 questions,\22\ and candidates will continue to have four 
hours and 30 minutes to complete the examination. The number of scored 
questions on the Series 87 examination will remain at 50 questions,\23\ 
and candidates will continue to have one hour and 45 minutes to 
complete the examination. Currently, a score of 73 percent is required 
to pass the Series 86 examination and a score of 74 percent is required 
to pass the Series 87 examination. The passing score for each 
examination will also remain the same.
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    \22\ Consistent with FINRA's practice of including ``pretest'' 
questions on examinations, the Series 86 examination includes 10 
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 
86 examination actually consists of 110 questions, 100 of which are 
scored. The 10 pretest questions are randomly distributed throughout 
the examination.
    \23\ The Series 87 examination includes five additional pretest 
questions. Therefore, the Series 87 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 86 and 87 content outline is available on 
FINRA's website, at www.finra.org. The revised Series 86

[[Page 8561]]

and 87 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 86 and 87 
examinations are consistent with the provisions of Section 15A(b)(6) of 
the Act,\24\ 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,\25\ which authorizes FINRA to prescribe standards of training, 
experience, and competence for persons associated with FINRA members. 
FINRA believes that the proposed revisions will further these purposes 
by updating the examination program to reflect changes to the laws, 
rules and regulations covered by the examinations and to incorporate 
the functions and associated tasks currently performed by a Research 
Analyst.
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    \24\ 15 U.S.C. 78o-3(b)(6).
    \25\ 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 examinations align 
with the functions and associated tasks currently performed by a 
Research Analyst 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 examinations 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.\26\
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    \26\ 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 \27\ and paragraph (f)(1) of Rule 19b-4 
thereunder.\28\ 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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    \27\ 15 U.S.C. 78s(b)(3)(A).
    \28\ 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-2018-005 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-2018-005. 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-2018-005 and should be submitted 
on or before March 20, 2018.
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    \29\ 17 CFR 200.30b-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\29\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03890 Filed 2-26-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices                                                     8559

                                               SECURITIES AND EXCHANGE                                 Analyst. In addition, FINRA is                        examination program.9 The rule change,
                                               COMMISSION                                              proposing to make changes to the format               which will become effective on October
                                                                                                       of the content outline. FINRA is not                  1, 2018,10 restructures the examination
                                               [Release No. 34–82751; File No. SR–FINRA–
                                                                                                       proposing any textual changes to the By-              program into a new format whereby all
                                               2018–005]
                                                                                                       Laws, Schedules to the By-Laws or                     new representative-level applicants will
                                               Self-Regulatory Organizations;                          Rules of FINRA.                                       be required to take a general knowledge
                                               Financial Industry Regulatory                              The revised Series 86 and 87 content               examination (the Securities Industry
                                               Authority, Inc.; Notice of Filing and                   outline is attached.6 The revised Series              Essentials or SIE TM) and a tailored,
                                               Immediate Effectiveness of a Proposed                   86 and 87 selection specifications have               specialized knowledge examination (a
                                               Rule Change To Revise the Research                      been submitted to the Commission                      revised representative-level
                                               Analyst (Series 86 and 87)                              under separate cover with a request for               qualification examination) for their
                                               Examinations                                            confidential treatment pursuant to SEA                particular registered role.
                                                                                                       Rule 24b–2.7                                             The restructured program eliminates
                                               February 21, 2018.                                                                                            duplicative testing of general securities
                                                                                                          The text of the proposed rule change               knowledge on the current
                                                  Pursuant to Section 19(b)(1) of the
                                                                                                       is available on FINRA’s website at                    representative-level qualification
                                               Securities Exchange Act of 1934
                                                                                                       http://www.finra.org, at the principal                examinations by moving such content
                                               (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                                                                       office of FINRA and at the                            into the SIE examination.11 The SIE
                                               notice is hereby given that on February
                                                                                                       Commission’s Public Reference Room.                   examination will test fundamental
                                               9, 2018, Financial Industry Regulatory
                                                                                                       [sic]                                                 securities-related knowledge, including
                                               Authority, Inc. (‘‘FINRA’’) filed with the
                                               Securities and Exchange Commission                      II. Self-Regulatory Organization’s                    knowledge of basic products, the
                                               (‘‘SEC’’ or ‘‘Commission’’) the proposed                Statement of the Purpose of, and                      structure and function of the securities
                                               rule change as described in Items I, II,                Statutory Basis for, the Proposed Rule                industry, the regulatory agencies and
                                               and III below, which Items have been                    Change                                                their functions and regulated and
                                               prepared by FINRA. FINRA has                                                                                  prohibited practices, whereas the
                                               designated the proposed rule change as                    In its filing with the Commission,                  revised representative-level
                                               ‘‘constituting a stated policy, practice,               FINRA included statements concerning                  qualification examinations will test
                                               or interpretation with respect to the                   the purpose of and basis for the                      knowledge relevant to day-to-day
                                               meaning, administration, or                             proposed rule change and discussed any                activities, responsibilities and job
                                               enforcement of an existing rule’’ under                 comments it received on the proposed                  functions of representatives.12
                                               Section 19(b)(3)(A)(i) of the Act 3 and                 rule change. The text of these statements                Currently, an individual registering as
                                               Rule 19b–4(f)(1) thereunder,4 which                     may be examined at the places specified               an equity Research Analyst must satisfy
                                               renders the proposal effective upon                     in Item IV below. FINRA has prepared                  the General Securities Representative
                                               receipt of this filing by the Commission.               summaries, set forth in sections A, B,                co-requisite registration and pass the
                                               The Commission is publishing this                       and C below, of the most significant                  Research Analyst (Series 86 and 87)
                                               notice to solicit comments on the                       aspects of such statements.                           examinations. The purpose of the
                                               proposed rule change from interested                                                                          current co-requisite is to ensure that
                                                                                                       A. Self-Regulatory Organization’s                     Research Analysts have general
                                               persons.                                                Statement of the Purpose of, and                      securities knowledge, because the Series
                                               I. Self-Regulatory Organization’s                       Statutory Basis for, the Proposed Rule                86 and 87 examinations do not cover
                                               Statement of the Terms of Substance of                  Change                                                such knowledge. As part of the
                                               the Proposed Rule Change                                1. Purpose                                            restructuring process, FINRA has
                                                 FINRA is proposing revisions to the                                                                         eliminated the requirement that
                                                                                                         Section 15A(g)(3) of the Act 8                      individuals registering as Research
                                               content outline and selection                           authorizes FINRA to prescribe standards
                                               specifications for the Research Analyst                                                                       Analysts satisfy the General Securities
                                                                                                       of training, experience, and competence               Representative co-requisite registration.
                                               (Series 86 and 87) examinations as part                 for persons associated with FINRA
                                               of the restructuring of the                                                                                   Instead, individuals registering as
                                                                                                       members. In accordance with that                      Research Analysts will be required to
                                               representative-level examination                        provision, FINRA has developed                        pass the SIE examination, which will
                                               program.5 The proposed revisions also                   examinations that are designed to
                                               update the material to reflect changes to               establish that persons associated with                   9 See Securities Exchange Act Release No. 81098
                                               the laws, rules and regulations covered                 FINRA members have attained specified                 (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order
                                               by the examinations and to incorporate                  levels of competence and knowledge,                   Approving File No. SR–FINRA–2017–007).
                                               the functions and associated tasks                      consistent with applicable registration
                                                                                                                                                                10 See Regulatory Notice 17–30 (SEC Approves

                                               currently performed by a Research                                                                             Consolidated FINRA Registration Rules,
                                                                                                       requirements under FINRA rules.                       Restructured Representative-Level Qualification
                                                 1 15
                                                                                                       FINRA periodically reviews the content                Examinations and Changes to Continuing Education
                                                      U.S.C. 78s(b)(1).                                                                                      Requirements) (October 2017).
                                                 2 17 CFR 240.19b–4.
                                                                                                       of the examinations to determine                         11 Each of the current representative-level
                                                 3 15 U.S.C. 78s(b)(3)(A)(i).                          whether revisions are necessary or                    examinations covers general securities knowledge,
                                                 4 17 CFR 240.19b–4(f)(1).                             appropriate in view of changes                        with the exception of the Research Analyst (Series
                                                 5 FINRA also is proposing corresponding               pertaining to the subject matter covered              86 and 87) examinations.
                                               revisions to the Series 86 and 87 question banks.       by the examinations.                                     12 FINRA filed the SIE content outline with the

                                               Based on instruction from SEC staff, FINRA is                                                                 SEC for immediate effectiveness. See Securities
                                                                                                         The SEC recently approved a
daltland on DSKBBV9HB2PROD with NOTICES




                                               submitting this filing for immediate effectiveness                                                            Exchange Act Release No. 82578 (January 24, 2018),
                                               pursuant to Section 19(b)(3)(A) of the Act and Rule     proposed rule change to restructure the               83 FR 4375 (January 30, 2018) (Notice of Filing and
                                               19b–4(f)(1) thereunder, and is not filing the           FINRA representative-level qualification              Immediate Effectiveness of File No. SR–FINRA–
                                               question banks. See Letter to Alden S. Adkins,                                                                2018–002). In addition to the proposed rule change
                                               Senior Vice President and General Counsel, NASD                                                               relating to the revised Series 86 and 87
                                                                                                          6 The Commission notes that the content outline
                                               Regulation, from Belinda Blaine, Associate Director,                                                          examinations, FINRA will file with the Commission
                                               Division of Market Regulation, SEC, dated July 24,      is attached to the filing, not to this Notice.        for immediate effectiveness the content outlines for
                                                                                                          7 17 CFR 240.24b–2.
                                               2000. The question banks are available for SEC                                                                the other revised representative-level qualification
                                               review.                                                    8 15 U.S.C. 78o–3(g)(3).                           examinations.



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                                               8560                        Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices

                                               cover general securities knowledge, as a                section. The current content outline also              to reflect changes to the laws, rules and
                                               co-requisite.                                           includes a preface (addressing, among                  regulations covered by the examination.
                                                 Further, FINRA, in consultation with                  other things, the purpose,                             Among other revisions, FINRA is
                                               a committee of industry representatives,                administration and scoring of the                      proposing to revise the content outline
                                               undertook a review of the Research                      examination), sample questions and                     to reflect the adoption of rules in the
                                               Analyst (Series 86 and 87) examinations                 reference materials.                                   consolidated FINRA rulebook (e.g.,
                                               to revise the Series 86 and 87 content                                                                         NASD Rule 2711 (Research Analysts
                                                                                                       Revised Content Outline                                and Research Reports) was adopted as
                                               outline to reflect changes to the laws,
                                               rules and regulations covered by the                      FINRA is proposing to update the                     FINRA Rule 2241 (Research Analysts
                                               examinations and to incorporate the                     content outline to reflect changes to the              and Research Reports)).19
                                               functions and associated tasks currently                laws, rules and regulations covered by                    FINRA is proposing similar changes
                                               performed by a Research Analyst. The                    the examinations and to incorporate the                to the Series 86 and 87 selection
                                               proposed change will align the                          functions and associated tasks currently               specifications and question banks.
                                               organization of the Series 86 and 87                    performed by a Research Analyst.                          Finally, FINRA is proposing to make
                                               content outline with the organization of                However, FINRA is not proposing to                     other changes to the format of the
                                               the content outlines of the other revised               adjust the number of questions on the                  content outline, including to the
                                               representative-level examinations.13                    examinations or to adjust the number of                preface, sample questions and reference
                                               FINRA also is proposing to make other                   questions assigned to each section on                  materials.20 Among other changes,
                                               changes to the format of the Series 86                  the current outline. Further, the                      FINRA is proposing to: (1) Reduce the
                                               and 87 content outline.                                 proposed functions match the sections                  preface to one page of introductory
                                                 Beginning on October 1, 2018, new                     on the current outline. The following                  information; (2) streamline details
                                               applicants seeking to register as                       are the four major job functions,                      regarding the purpose of the
                                               Research Analysts must pass the SIE                     denoted Function 1 through Function 4,                 examinations; (3) move the application
                                               examination as well as the revised                      with the associated number of                          procedures to FINRA’s website; and (4)
                                               Research Analyst (Series 86 and 87)                     questions:                                             explain that the passing score is
                                               examinations.                                                                                                  established using a standard setting
                                                                                                       Series 86                                              procedure, and that a statistical
                                               Current Content Outline                                   Function 1: Information and Data                     adjustment process known as equating
                                                 The Series 86 examination contains                    Collection, 10 questions;                              is used in scoring the examinations.21
                                               the analysis portion of the Research                      Function 2: Analysis, Modeling and                      The number of scored questions on
                                               Analyst examinations and tests                          Valuation, 90 questions;                               the Series 86 examination will remain at
                                               knowledge of fundamental analysis and                                                                          100 questions,22 and candidates will
                                                                                                       Series 87                                              continue to have four hours and 30
                                               valuation of equity securities. The
                                               Series 87 examination contains the                         Function 3: Preparation of Research                 minutes to complete the examination.
                                               regulatory portion of the Research                      Reports, 32 questions; and                             The number of scored questions on the
                                               Analyst examinations and tests                             Function 4: Dissemination of                        Series 87 examination will remain at 50
                                               knowledge of applicable rules and                       Information, 18 questions.                             questions,23 and candidates will
                                               regulations pertaining to equity                                                                               continue to have one hour and 45
                                                                                                          Each function also includes specific
                                               research. The current Series 86 and 87                                                                         minutes to complete the examination.
                                                                                                       tasks describing activities associated
                                               content outline is divided into four                                                                           Currently, a score of 73 percent is
                                                                                                       with performing that function. There are
                                               sections. The Series 86 covers two                                                                             required to pass the Series 86
                                                                                                       four tasks (1.1–1.4) associated with
                                               sections and the Series 87 covers the                                                                          examination and a score of 74 percent
                                                                                                       Function 1; 14 four tasks (2.1–2.4)
                                               other two sections. The following are                                                                          is required to pass the Series 87
                                                                                                       associated with Function 2;15 four tasks
                                               the four sections, denoted Section 1                                                                           examination. The passing score for each
                                                                                                       (3.1–3.4) associated with Function 3; 16
                                               through Section 4, with the associated                                                                         examination will also remain the same.
                                                                                                       and five tasks (4.1–4.5) associated with
                                               number of questions:                                    Function 4.17 For example, one such                    Availability of Content Outline
                                               Series 86                                               task (Task 1.1) is gathering                              The current Series 86 and 87 content
                                                                                                       macroeconomic data.18 Further, the                     outline is available on FINRA’s website,
                                                 1. Information and Data Collection, 10                content outline lists the knowledge                    at www.finra.org. The revised Series 86
                                               questions;                                              required to perform each function and
                                                 2. Analysis, Modeling and Valuation,                  associated tasks (e.g., short- and long-                  19 See Rule Conversion Chart, available at http://
                                               90 questions;                                           term trends in the economy,                            www.finra.org/industry/finra-rule-consolidation.
                                               Series 87                                               demographic information, domestic and                     20 FINRA is proposing similar changes to the

                                                                                                                                                              content outlines for other representative-level
                                                                                                       international issues). In addition, where              examinations.
                                                 3. Preparation of Research Reports, 32                applicable, the content outline lists the                 21 See Exhibit 3a, Outline Page 2.
                                               questions; and                                          laws, rules and regulations a candidate                   22 Consistent with FINRA’s practice of including
                                                 4. Dissemination of Information, 18                   is expected to know to perform each                    ‘‘pretest’’ questions on examinations, the Series 86
                                               questions.                                              function and associated tasks (e.g.,                   examination includes 10 additional, unidentified
                                                 In addition, each section includes                                                                           pretest questions that do not contribute towards the
                                                                                                       FINRA Rule 2241 (Research Analysts                     candidate’s score. The pretest questions are
                                               references to the applicable laws, rules                and Research Reports)).                                designed to ensure that new examination questions
                                               and regulations associated with that                       As noted above, FINRA also is                       meet acceptable testing standards prior to use for
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                                                                                                       proposing to revise the content outline                scoring purposes. Therefore, the Series 86
                                                  13 FINRA currently has organized several FINRA                                                              examination actually consists of 110 questions, 100
                                               qualification examinations, such as the Securities         14 See Exhibit 3a, Outline Page 3. The outline is
                                                                                                                                                              of which are scored. The 10 pretest questions are
                                               Trader (Series 57) examination, based on the                                                                   randomly distributed throughout the examination.
                                                                                                       attached as Exhibit 3a to the 19b–4 form.
                                               functions that are performed by the respective             15 See Exhibit 3a, Outline Pages 4–6.
                                                                                                                                                                 23 The Series 87 examination includes five

                                               registered persons and the associated tasks. FINRA                                                             additional pretest questions. Therefore, the Series
                                                                                                          16 See Exhibit 3a, Outline Pages 7–8.
                                               is proposing similar layouts for all of the                                                                    87 examination actually consists of 55 questions, 50
                                                                                                          17 See Exhibit 3a, Outline Pages 9–10.
                                               representative-level examinations, including the                                                               of which are scored. The five pretest questions are
                                               Series 86 and 87 examinations.                             18 See Exhibit 3a, Outline Page 3.                  randomly distributed throughout the examination.



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                                                                           Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices                                                   8561

                                               and 87 content outline will replace the                 C. Self-Regulatory Organization’s                      Commission and any person, other than
                                               current content outline on FINRA’s                      Statement on Comments on the                           those that may be withheld from the
                                               website, and it will be made available                  Proposed Rule Change Received From                     public in accordance with the
                                               on the website on the date of this filing.              Members, Participants, or Others                       provisions of 5 U.S.C. 552, will be
                                                 FINRA is filing the proposed rule                       Written comments were neither                        available for website viewing and
                                               change for immediate effectiveness. The                 solicited nor received.                                printing in the Commission’s Public
                                               implementation date will be October 1,                                                                         Reference Room, 100 F Street NE,
                                               2018, to coincide with the                              III. Date of Effectiveness of the                      Washington, DC 20549, on official
                                               implementation of the restructured                      Proposed Rule Change and Timing for                    business days between the hours of
                                               representative-level examination                        Commission Action                                      10:00 a.m. and 3:00 p.m. Copies of the
                                               program. FINRA will also announce the                      The foregoing rule change has become                filing also will be available for
                                               implementation date of the proposed                     effective pursuant to Section 19(b)(3)(A)              inspection and copying at the principal
                                               rule change in a Regulatory Notice.                     of the Act 27 and paragraph (f)(1) of Rule             office of FINRA. All comments received
                                                                                                       19b–4 thereunder.28 At any time within                 will be posted without change. Persons
                                               2. Statutory Basis                                                                                             submitting comments are cautioned that
                                                                                                       60 days of the filing of the proposed rule
                                                  FINRA believes that the proposed                     change, the Commission summarily may                   we do not redact or edit personal
                                               revisions to the Series 86 and 87                       temporarily suspend such rule change if                identifying information from comment
                                               examinations are consistent with the                    it appears to the Commission that such                 submissions. You should submit only
                                               provisions of Section 15A(b)(6) of the                  action is necessary or appropriate in the              information that you wish to make
                                               Act,24 which requires, among other                      public interest, for the protection of                 available publicly. All submissions
                                               things, that FINRA rules must be                        investors, or otherwise in furtherance of              should refer to File Number SR–FINRA–
                                               designed to prevent fraudulent and                      the purposes of the Act. If the                        2018–005 and should be submitted on
                                               manipulative acts and practices, to                     Commission takes such action, the                      or before March 20, 2018.
                                               promote just and equitable principles of                Commission shall institute proceedings                   For the Commission, by the Division of
                                               trade, and, in general, to protect                      to determine whether the proposed rule                 Trading and Markets, pursuant to delegated
                                               investors and the public interest, and                  should be approved or disapproved.                     authority.29
                                               Section 15A(g)(3) of the Act,25 which                                                                          Eduardo A. Aleman,
                                                                                                       IV. Solicitation of Comments
                                               authorizes FINRA to prescribe standards                                                                        Assistant Secretary.
                                               of training, experience, and competence                   Interested persons are invited to                    [FR Doc. 2018–03890 Filed 2–26–18; 8:45 am]
                                               for persons associated with FINRA                       submit written data, views and
                                                                                                                                                              BILLING CODE 8011–01–P
                                               members. FINRA believes that the                        arguments concerning the foregoing,
                                               proposed revisions will further these                   including whether the proposed rule
                                               purposes by updating the examination                    change is consistent with the Act.                     SECURITIES AND EXCHANGE
                                               program to reflect changes to the laws,                 Comments may be submitted by any of                    COMMISSION
                                               rules and regulations covered by the                    the following methods:
                                               examinations and to incorporate the                     Electronic Comments                                    Sunshine Act Meetings
                                               functions and associated tasks currently
                                               performed by a Research Analyst.                          • Use the Commission’s internet                      TIME AND DATE:     2:00 p.m. on Thursday,
                                                                                                       comment form (http://www.sec.gov/                      March 1, 2018.
                                               B. Self-Regulatory Organization’s                       rules/sro.shtml); or                                   PLACE: Closed Commission Hearing
                                               Statement on Burden on Competition                        • Send an email to rule-comments@                    Room 10800.
                                                 FINRA does not believe that the                       sec.gov. Please include File Number SR–                STATUS: This meeting will be closed to
                                               proposed rule change will result in any                 FINRA–2018–005 on the subject line.                    the public.
                                               burden on competition that is not                       Paper Comments                                         MATTERS TO BE CONSIDERED:
                                               necessary or appropriate in furtherance                   • Send paper comments in triplicate                  Commissioners, Counsel to the
                                               of the purposes of the Act. The updated                                                                        Commissioners, the Secretary to the
                                                                                                       to Secretary, Securities and Exchange
                                               examinations align with the functions                                                                          Commission, and recording secretaries
                                                                                                       Commission, 100 F Street NE,
                                               and associated tasks currently                                                                                 will attend the closed meeting. Certain
                                                                                                       Washington, DC 20549–1090.
                                               performed by a Research Analyst and                                                                            staff members who have an interest in
                                                                                                       All submissions should refer to File                   the matters also may be present.
                                               tests knowledge of the most current
                                                                                                       Number SR–FINRA–2018–005. This file                       The General Counsel of the
                                               laws, rules, regulations and skills
                                                                                                       number should be included on the                       Commission, or his designee, has
                                               relevant to those functions and
                                                                                                       subject line if email is used. To help the             certified that, in his opinion, one or
                                               associated tasks. As such, the proposed
                                                                                                       Commission process and review your                     more of the exemptions set forth in 5
                                               revisions would make the examinations
                                                                                                       comments more efficiently, please use                  U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
                                               more effective. FINRA also provided a
                                                                                                       only one method. The Commission will                   and (10) and 17 CFR 200.402(a)(3),
                                               detailed economic impact assessment
                                                                                                       post all comments on the Commission’s                  (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and
                                               regarding the introduction of the SIE
                                                                                                       internet website (http://www.sec.gov/                  (a)(10), permit consideration of the
                                               examination and the restructuring of the
                                                                                                       rules/sro.shtml). Copies of the                        scheduled matters at the closed meeting.
                                               representative-level examinations as
                                                                                                       submission, all subsequent                                Commissioner Jackson, as duty
                                               part of the proposed rule change to
                                                                                                       amendments, all written statements                     officer, voted to consider the items
                                               restructure the FINRA representative-
                                                                                                       with respect to the proposed rule                      listed for the closed meeting in closed
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                                               level qualification examination
                                                                                                       change that are filed with the                         session.
                                               program.26
                                                                                                       Commission, and all written                               The subject matters of the closed
                                                 24 15 U.S.C. 78o–3(b)(6).
                                                                                                       communications relating to the                         meeting will be:
                                                 25 15 U.S.C. 78o–3(g)(3).                             proposed rule change between the                          Institution and settlement of
                                                 26 See Securities Exchange Act Release No. 80371                                                             injunctive actions;
                                                                                                         27 15   U.S.C. 78s(b)(3)(A).
                                               (April 4, 2017), 82 FR 17336 (April 10, 2017)
                                               (Notice of Filing of File No. SR–FINRA–2017–007).         28 17   CFR 240.19b–4(f)(1).                           29 17   CFR 200.30b–3(a)(12).



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Document Created: 2018-02-27 01:14:25
Document Modified: 2018-02-27 01:14:25
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 8559 

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