13302. Filing an Initial Statement of Claim
This rule is no longer applicable. NASD Rule 13302 has been superseded by FINRA Rule 13302. Please consult the appropriate FINRA Rule.
The Industry Code will apply to claims filed on or after April 16, 2007. In addition, the list selection provisions of the Industry Code will apply to previously filed claims in which a list of arbitrators must be generated after April 16, 2007; in these cases, however, the claim will continue to be governed by the remaining provisions of the old Code unless all parties agree to proceed under the new Code.
(a) Filing Claim with the Director
(1) To initiate an arbitration, a claimant must file the following with the Director:
• Signed and dated Uniform Submission Agreement; and
• A statement of claim specifying the relevant facts and remedies requested.
The claimant may include any additional documents supporting the statement of claim.
(2) A claimant may use the online claim notification and filing procedure to complete part of the arbitration claim filing process through the Internet. To commence this process, a claimant may complete a Claim Information Form that can be accessed through www.finra.org. In completing the Claim Information Form, the claimant may attach an electronic version of the statement of claim, and any additional documents supporting the statement of claim, to the form. Once this online form has been completed, a FINRA Dispute Resolution Tracking Form will be generated and displayed for the claimant to reproduce as necessary. The claimant shall then file with the Director the rest of the materials required in subparagraph (1) of the rule, along with a hard copy of the FINRA Dispute Resolution Tracking Form.
(b) Number of Copies
The claimant must file enough copies of the statement of claim, if it has not been submitted electronically, and the signed Uniform Submission Agreement, and any additional materials, for the Director, each arbitrator and each other party.
(c) Fees
At the time the statement of claim is filed, the claimant must pay all required filing fees.
(d) Service by Director
Unless the statement of claim is deficient under Rule 13307, the Director will send a copy of the Uniform Submission Agreement, the statement of claim, and any additional materials filed by the claimant, to each other party, and to each arbitrator once the panel has been appointed.
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Amended by SR-FINRA-2007-042 eff. Dec. 27, 2007. Adopted by SR-NASD-2004-011 eff. April 16, 2007. Selected Notices: 07-07 |