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Home > Rules & Regulation > Notices > 2004 Notices to Members
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2004 Notices to Members

Notices to Members provide timely regulatory information about NASD and NASD rules, including notice of recently approved rules and rule amendments, proposed rules on which NASD is soliciting comment, and legal interpretations and compliance guidelines relating to existing rules. From time to time, Notices to Members may provide information relating to rules or interpretations of the Securities and Exchange Commission (SEC) or other governmental agencies.

 

Executive Summaries are provided for each notice. Those interested in a particular topic described in an executive summary are encouraged to read the entire related Notice to Members.

 

Contents listed in reverse chronological order.


These documents are available as Portable Document Format (PDF) files. If you do not have the Adobe® Acrobat Reader to view PDF files, please download the free plug-in. PDF items will open in a new browser window.

 
January | February | March | April | May | June | July | August | September | October | November | December
 
December 2004
View Full Month's Notices
04-95 NASD Issues Reminder to Members Regarding the Municipal Securities Rulemaking Board's Implementation of Real-Time Reporting and Dissemination of Transactions in Municipal Securities (Notice Posted on: 12/28/04)
04-94 Nominees for the District Committee for District 10 (Notice Posted on: 12/20/04)
04-93 Short Sale Requirements -- Issues Relating to the SEC's Adoption of Regulation SHO (Notice Posted on: 12/28/04)
04-92 Amendments to Section 13 of Schedule A to the NASD By-Laws Governing the Review Charge for Advertisement, Sales Literature, and Other Such Material Filed with or Submitted to NASD; Implementation Date: January 1, 2005 (Notice Posted on: 12/13/04)
04-91 NASD Has Filed for Immediate Effectiveness Amendments to Section 7 of Schedule A to the NASD By-Laws Governing Fees for Filing Documents Pursuant to the Corporate Financing Rule; Implementation Date: January 1, 2005 (Notice Posted on: 12/9/04)
04-90 NASD Issues Interpretive Guidance Regarding Various Trade Reporting and Compliance Engine (TRACE) Rules (Notice Posted on: 12/8/04)
04-89 NASD Alerts Members to Concerns When Recommending or Facilitating Investments of Liquefied Home Equity (Notice Posted on: 12/8/04)
Disciplinary and Other NASD Actions
(posted on 12/15/04)
For Your Information
(posted on 12/31/04)
 
November 2004
View Full Month's Notices
04-88 Notice of Meeting and Proxy (Notice Posted on: 11/30/04)
04-87 2005 Trade Date-Settlement Date Schedule (Notice Posted on: 11/30/04)
This version corrects the Trade Dates and Settlement Dates for Columbus Day 2005.
04-86 SEC approves NASD Interpretive Material to Rule 2210 regarding member firms' use of investment analysis tools; Effective Date: February 14, 2005 (Notice Posted on: 11/16/04)
04-85 SEC Approves Amendments to Rule 6954(c) Requiring ECNs to Capture and Report Routed Order Identifier Information to OATS; Effective Date: February 14, 2005 (Notice Posted on: 11/16/04)
04-84 SEC Approves Adjustments to the Trading Activity Fee (Notice Posted on: 11/15/04)
04-83 NASD Requests Comment on Whether to Propose New Rule That Would Address Conflicts of Interest When Members Provide Fairness Opinions in Corporate Control Transactions; Comment Period Expired January 10, 2005 (Notice Posted on: 11/11/04) View Comments
Note: The comment period was extended to February 1, 2005.
04-82 NASD Announces Election Results for District Committees and District Nominating Committees (Notice Posted on: 11/16/04)
04-81 SEC Approves New NASD Qualification Requirements for Supervisors of Research Analysts; Compliance Date: No Later Than August 2, 2005 (Notice Posted on: 11/10/04)
04-80 NASD Seeks Comment on Proposed Changes to the OATS Rules; Comment Period Expired January 20, 2005 (Notice Posted on: 11/9/04) View Comments
04-79 SEC Approves New Chief Executive Officer Compliance Certification and Chief Compliance Officer Designation Requirements; Compliance Date: December 1, 2004 (Notice Posted on: 11/1/04)
Disciplinary and Other NASD Actions
(posted on 11/15/04)
 
October 2004
View Full Month's Notices
04-78 SEC Approves Amendments to Rule 1120 to Eliminate Exemptions from the Continuing Education Regulatory Element Requirements; Effective Date: Anticipated April 2005; Specific Date to be Announced in Future Notice to Members (Notice Posted on: 10/27/04)
04-77 SEC Announces Approval of Amendment to NASD's Minor Rule Violation Plan (MRVP) to Include Failure to Timely Submit Amendments to Form U5; Effective Date: November 22, 2004 (Notice Posted on: 10/21/04)
04-76 Securities Industry/Regulatory Council on Continuing Education Issues Firm Element Advisory (Notice Posted on: 10/21/04)
04-75 NASD Seeks Comment on Enhanced Disclosure for Subordination Agreements; Comment Period Expired November 26, 2004 (Notice Posted on: 10/12/04) View Comments
04-74 Broker-Dealer, Investment Adviser Firm, Agent and Investment Adviser Representative Renewals for 2005; Payment Deadline: December 6, 2004 (Notice Posted on: 10/11/04)
04-73 Amendments to Section 4 of Schedule A to the NASD By-Laws Governing Qualification Examination Fees; Implementation Date: January 1, 2005 (Notice Posted on: 10/8/04)
04-72 Impermissible Use of Negative Response Letters for the Transfer of Mutual Funds and Variable Annuities (Changes in Broker-Dealer of Record) (Notice Posted on: 10/5/04)
04-71 SEC Approves New Rules and Rule Amendments Concerning Supervision and Supervisory Controls; Effective Date: January 31, 2005 (Notice Posted on: 10/4/04)
04-70 Nominees for NASD Board of Governors (Notice Posted on: 10/6/04)
04-69 Mandatory Use of Combined New Order/Route and Combined New Order/Execution Reports Delayed until April 4, 2005; Clarification of Combined Reporting Format Requirements for Related Order Information Submitted by Multiple Order Sending Organizations (Notice Posted on: 10/1/04)
Disciplinary and Other NASD Actions
(posted on 10/15/04)
 
September 2004
View Full Month's Notices
04-68 SEC Approves Rule Amendment Requiring That ADF Market Participant Provide Advance Written Notice When Denying Access; Effective Date: October 20, 2004 (Notice Posted on: 9/20/04)
04-67 Nominees for District Committee and District Nominating Committee (Notice Posted on: 9/16/04)
04-66 NASD Reminds Member Firms of Their Obligations to Ensure the Accuracy and Integrity of Information Entered into Order-Routing and Execution Systems (Notice Posted on: 9/14/04)
04-65 SEC Approves Amendments to TRACE Rules to Disseminate Transaction Information on All TRACE-Eligible Securities, Modify and Supplement Defined Terms, and Enhance Notification Requirements (Notice Posted on: 9/8/04)
Disciplinary and Other NASD Actions
(posted on 9/15/04)
 
August 2004
View Full Month's Notices
04-64 SEC Announces Immediate Effectiveness of the Deletion of IM-2210-4(b) and Rule Series 3400 as Obsolete; Effective Date: August 10, 2004 (Notice Posted on: 8/24/04)
04-63 New SEC Procedures Relating to Section 31 of the Securities Exchange Act of 1934 (Notice Posted on: 8/20/04)
04-62 SEC Approves New Rule 10334 To Allow Direct Communication Between Parties and Arbitrators; Effective Date: September 30, 2004 (Notice Posted on: 8/17/04)
04-61 SEC Approves Amendments to Rule 10308 Regarding the Time for Chairperson Selection; Effective Date: September 17, 2004 (Notice Posted on: 8/17/04)
04-60 SEC Approves Increase to the Arbitrator Panel Training Fee; Effective Date: September 16, 2004 (Notice Posted on: 8/13/04)
04-59 SEC Announces Immediate Effectiveness of Amendments to the Rule 9600 Series Establishing Waiver Subcommittee of the National Adjudicatory Council; Effective Date: September 1, 2004 (Notice Posted on: 8/11/04)
04-58 SEC Grants Accelerated Approval of Rule Change Relating to Transfers of Specifically Designated Customer Account Assets through the Automated Customer Account Transfer Service (ACATS); Effective Date: September 13, 2004 (Notice Posted on: 8/10/04)
This version was updated on 8/19/04.
04-57 NASD Extends Jurisdiction to Suspend Formerly Associated Persons Who Fail to Pay Arbitration Awards (Notice Posted on: 8/9/04)
04-56 SEC Approves Amendments to Rule 10314 to Implement the Online Arbitration Claim Filing System; Effective August 5, 2004 (Notice Posted on: 8/5/04)
04-55 NASD Requests Comment on a Proposed Uniform Branch Office Registration Form; Comment Period Expired September 3, 2004 (Notice Posted on: 8/4/04) View Comments
04-54 Operative Date of Short Sale ACT Reporting Requirements for OTCBB and Other Non-NASDAQ OTC Equity Securities. Extended to September 24, 2004 (Notice Posted on: 8/2/04)
Disciplinary and Other NASD Actions
(posted on 8/16/04)
 
July 2004
View Full Month's Notices
04-53 SEC Approves Amendments to IM-10104 and Rules 10306 and 10319 Regarding "Last Minute" Adjournments of Arbitration Hearings; Effective Date: August 16, 2004 (Notice Posted on: 7/16/04)
04-52 Guidance on the Requirements for Availability of the Bona Fide Fully Arbitraged Exemption (Notice Posted on: 7/21/04)
04-51 SEC Approves Amendments to TRACE Rule 6230 to Reduce the Reporting Period to 30 Minutes on October 1, 2004, and to 15 Minutes on July 1, 2005 (Notice Posted on: 7/14/04)
04-50 Treatment of Commodity Pool Trail Commissions under Rule 2810 (Direct Participation Programs Rule); Effective Date: July 13, 2004 (Notice Posted on: 7/13/04)
The effective date has been delayed until Tuesday, October 12, 2004.
Disciplinary and Other NASD Actions
(posted on 7/15/04)
 
June 2004
View Full Month's Notices
04-49 SEC Approves Amendments to Rules 10308 and 10312 Regarding Arbitrator Classification, Disclosures, and Challenges Effective Date: July 19, 2004 (Notice Posted on: 6/18/04)
04-48 SEC Approves Amendments to Rule 6954 Requiring Members to Record and Report Execution Price and Firm Capacity in OATS Execution Reports Effective Date: October 4, 2004 (Notice Posted on: 6/18/04)
04-47 Members' Obligations with Respect to the Transfer of Cost Basis Information (Notice Posted on: 6/18/04)
04-46 Mandatory Changes to OATS New Order, Combined New Order/Route, and Combined New Order/Execution Reports (Notice Posted on: 6/16/04)
04-45 NASD Seeks Comment on Proposed Rule to Impose Specific Sales Practice Standards and Supervisory Requirements on Members for Transactions in Deferred Variable Annuities; Comment Period Expires August 9, 2004 (Notice Posted on: 6/9/04) View Comments
04-44 Impermissible Confidentiality Provisions and Complaint Withdrawal Provisions in Settlement Agreements (Notice Posted on: 6/2/04)
04-43 Members' Use of Affidavits in Connection with Stipulated Awards and Settlements to Obtain Expungement of Customer Dispute Information under Rule 2130 (Notice Posted on: 6/2/04)
04-42 NASD Informs Members of Upcoming District Committee and District Nominating Committee Elections (Notice Posted on: 6/8/04)
04-41 NASD Announces Nominees for Regional Industry Member Vacancies on the National Adjudicatory Council (Notice Posted on: 6/1/04)
Disciplinary and Other NASD Actions
(posted on 6/15/04)
 
May 2004
View Full Month's Notices
04-40 NASD Clarifies ACT Short Sale Reporting Requirements (Notice Posted on: 5/28/04)
04-39 SEC Approves Amendments to Clarify the Term "TRACE-Eligible Security" and to Expand the Scope of an Exemption from TRACE Reporting Requirements; Effective Date: June 17, 2004 (Notice Posted on: 5/19/04)
04-38 NASD Reminds Member Firms of Their Obligations to Adhere to Credit Extension Requirements and Day Trading Margin Rules (Notice Posted on: 5/7/04)
04-37 SEC Approves Rules Requiring Members to Create Business Continuity Plans and Provide Emergency Contact Information; Effective Dates: Rule 3510: Clearing Firms: August 11, 2004 Introducing Firms: September 10, 2004 Rule 3520: All Firms: June 14, 2004 (Notice Posted on: 5/5/04)
04-36 SEC Approves NASD Proposed Rule 9550 Series on Expedited Proceedings (Notice Posted on: 5/5/04)
Disciplinary and Other NASD Actions
(posted on 5/15/04)
 
April 2004
View Full Month's Notices
04-35 NASD Reminds Member Firms of Their Obligations to File Certain Financial Reports (Notice Posted on: 4/30/04)
04-34 Due to a change in our publishing schedule, there is no Notice numbered 04-34.
04-33 Limited Net Capital Relief from the Reclassification of Certain Equity as Liabilities in Accordance with Statement of Financial Accounting Standards No. 150 (Notice Posted on: 4/19/04)
Action Required by May 10, 2004
04-32 SEC Approves Amendments to Require Quarterly Review and Update of Executive Representative Contact Information; Effective Date: May 14, 2004 (Notice Posted on: 4/14/04)
04-31 NASD Announces Nomination Procedures for Regional Industry Member Vacancies on the National Adjudicatory Council; Nomination Deadline: May 17, 2004 (Notice Posted on: 4/21/04)
04-30 NASD Reminds Firms of Sales Practice Obligations In Sale of Bonds and Bond Funds (Notice Posted on: 4/13/04)
04-29 NASD Informs Members of Upcoming District Committee and District Nominating Committee Elections (Notice Posted on: 4/15/04)
This version corrects certain administrative and other non-substantive text.
04-28 SEC Approves Amendments to Repeal Rule 4613A(e)(1) Requiring Same-Priced Quotations on Multiple Markets; Effective Date: March 12, 2004 (Notice Posted on: 4/6/04)
04-27 NASD Solicits Member Vote on Amendments to NASD By-Laws to Reconfigure NASD Board; Last Voting Date: May 6, 2004 (Notice Posted on: 4/6/04)
Disciplinary and Other NASD Actions
(posted on 4/15/04)
 
March 2004
View Full Month's Notices
04-26 NASD Reminds Members of Their Duty to Ensure Proper Application of Discounts in Sales Charges to Sales of Unit Investment Trusts (UITs) (Notice Posted on: 3/31/04)
04-25 SEC Approves New NASD Research Analyst Qualification and Examination Requirements (Series 86/87); Effective Date: March 30, 2004 (Notice Posted on: 3/31/04)
04-24 SEC Announces Immediate Effectiveness of IM-3150 Governing Exemptions from the Reporting Requirements of NASD Rule 3150; Effective Date: February 20, 2004 (Notice Posted on: 3/23/04)
04-23 NASD Seeks Comment On (1) Amending its Minor Rule Violation Plan (MRVP) to Include Failure Timely to Submit Amendments to the Uniform Termination Notice for Securities Industry Registration (Form U5); and (2) Adopting a Rule to Create an Inactive Disclosure Review Registration Status; Comment Period Expired April 19, 2004 (Notice Posted on: 3/18/04) View Comments
04-22 SEC Approves Amendments to Rule 1120 (Continuing Education Requirements) Regarding Regulatory Element Contact Person (Notice Posted on: 3/17/04)
04-21 NASD Provides Further Guidance on Amendments to NASD Rule 3370-Affirmative Determination Requirements (Notice Posted on: 3/17/04)
04-20 IPO Distribution Manager to Replace Compliance Desk; Filings Required for All New Issues as Defined in Rule 2790; Voluntary Effective Date: March 23, 2004; Mandatory Effective Date: April 16, 2004 (Notice Posted on: 3/12/04)
04-19 NASD Releases Minor Rule Violation Plan (MRVP) Guidelines (Notice Posted on: 3/9/04)
04-18 NASD and NYSE Provide Further Guidance on Rules Governing Research Analysts' Conflicts of Interest (Notice Posted on: 3/9/04)
04-17 NASD Revises NASD Sanction Guidelines (Notice Posted on: 3/8/04)
04-16 NASD Adopts Rule 2130 Regarding Expungement of Customer Dispute Information From The Central Registration Depository; Effective Date: April 12, 2004 (Notice Posted on: 3/4/04)
04-15 SEC Approves Amendments to NASD Rules Concerning Member Participation in the National Do-Not-Call Registry; Effective Date: March 31, 2004 (Notice Posted on: 3/2/04)
04-14 SEC Approves Amendments to Rule Governing Lending Between Registered Persons and Customers; Effective date: February 18, 2004 (Notice Posted on: 3/2/04)
Disciplinary and Other NASD Actions
(posted on 3/15/04)
 
February 2004
View Full Month's Notices
04-13 SEC Approves Amendments to Rule 2710 (Corporate Financing Rule) and Rule 2720 (Distribution of Securities of Members and Affiliates-Conflicts of Interest); Effective Date: March 22, 2004 (Notice Posted on: 2/27/04)
04-12 Change in Policy of Granting Foreign Deferrals to Registered Supervisors and Principals from the Continuing Education Regulatory Element (Notice Posted on: 2/23/04)
04-11 NASD Reminds Members and Associated Persons of Their Duty to File Uniform Submission Agreements (Notice Posted on: 2/23/04)
04-10 SEC Approves Amendments to Membership Application and Continuation Rules (Rules 1011, 1014, and 1017) (Notice Posted on: 2/23/04)
04-09 SEC Announces Immediate Effectiveness of Amendments to Section 4 of Schedule A to the NASD By-Laws (Notice Posted on: 2/19/04)
04-08 Effective Date of Amendments to NASD Rule 3370 (Affirmative Determination Requirements) Extended to April 1, 2004 (Notice Posted on: 2/18/04)
04-07 NASD Requests Comment on Proposed Amendments to Rules 2710 (Corporate Financing) and 2810 (Direct Participation Programs); Comment Period Expired March 12, 2004 (Notice Posted on: 2/3/04) View Comments
This version corrects certain administrative and other non-substantive text.
Disciplinary and Other NASD Actions
(posted on 2/17/04)
 
January 2004
View Full Month's Notices
04-06 SEC Approves Permanent TRACE Fee Structure and Nine-Month Pilot Program for BTDS Professional Delayed-Time Data Display Fee (Notice Posted on: 1/28/04)
04-05 NASD Announces Election Results for District Committees and District Nominating Committees (Notice Posted on: 1/28/04)
04-04 SEC Announces Immediate Effectiveness of Amendments to Section 5 of Schedule A to the NASD By-Laws (Notice Posted on: 1/26/04)
04-03 SEC Approves NASD Rule Proposal Requiring Members to Make Affirmative Determinations for Short Sale Orders Received from Non-Member Broker/Dealers; Effective Date: February 20, 2004 (Notice Posted on: 1/20/04)
04-02 2004 Renewal Reports and Final Renewal Statements (Notice Posted on: 1/12/04)
04-01 NASD Provides Additional Information Regarding Options Exemption for the Trading Activity Fee (Notice Posted on: 1/2/04)
Disciplinary and Other NASD Actions
(posted on 1/15/04)