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SR-NASD-2004-135

Disclosure and Consent Requirements When Trading on a Net Basis With Customers

NASD has filed with the SEC proposed NASD Rule 2441 to clarify and codify the staff position that market makers that intend to trade on a net basis with their customers are required to provide disclosure to, and obtain affirmative consent from, non-institutional customers on an order-by-order basis and obtain consent from institutional customers, which may be evidenced by the use of a negative consent letter.
 
Text of Proposed Rule Change PDF 70 KB
Amendment No. 1 to Proposed Rule Change PDF 27 KB
Amendment No. 2 to Proposed Rule Change PDF 26 KB
Amendment No. 3 to Proposed Rule Change PDF 28 KB
Federal Register Notice PDF 59 KB
Amendment No. 4 to Proposed Rule Change PDF 228 KB
Approval Order PDF 66 KB