SR-FINRA-2009-004

Proposed Rule Change To Amend Definition of TRACE-Eligible Security to Include Securities Eligible for Public Sale and Additional Securities That Are Restricted Securities

Financial Industry Regulatory Authority, Inc. (“FINRA”) (f/k/a National Association of Securities Dealers, Inc. (“NASD”)) is filing with the Securities and Exchange Commission (“SEC” or “Commission”) a proposed rule change to amend FINRA Rule 6710(a), the definition of “TRACE-eligible security,” to broaden the definition by deleting (i) the requirement that a debt security be registered under the Securities Act of 1933 (“Securities Act”); and (ii) with respect to “restricted securities” as that term is defined in Securities Act Rule 144(a)(3), the requirement that such securities be issued pursuant to Securities Act Section 4(2) prior to being resold under Securities Act Rule 144A.