NASD Notice to Members 05-21 - March 2005

NASD Requests Comment on Proposed Rule Requiring Members to Provide Additional Disclosures for Transactions in Debt Securities; Comment Period Expires April 19

Executive Summary

NASD is requesting comment on whether it should propose a new rule, Rule 2231, that would require members to provide additional disclosures to customers when effecting a transaction in a debt security for or with the account of a customer. Currently, members effecting such transactions are required to provide certain disclosures to their customers pursuant to Rule 10b-10 under the Securities Exchange Act of 1934 (Exchange Act). Under the proposed rule, members would provide additional transaction-specific disclosures to supplement the disclosures made under Rule 10b-10 and, with the transaction-specific disclosures, include a statement referring customers to NASD educational materials about bonds that would be located on NASD's Web site. (See Attachment A, Proposed Rule 2231, and Attachment B, draft educational materials.)

 

The proposed rule is based upon NASD standing committee input on a broad framework laid out by the Corporate Debt Market Panel (Panel), a group of 12 industry experts convened by NASD to make recommendations to NASD's Board of Governors regarding how to best ensure market integrity and investor protection in the corporate bond market.

 

Questions concerning this Notice should be directed to James L. Eastman, Assistant General Counsel, Office of General Counsel (OGC), Regulatory Policy and Oversight (RPO), at (202) 728-6961; Sharon K. Zackula, Associate General Counsel, OGC, RPO, at (202) 728-8985; or Elliot Levine, Chief Counsel, Transparency Services, Markets, Services and Information, at (202) 728-8405.

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