12901. Member Surcharge

This rule is no longer applicable. NASD Rule 12901 has been superseded by FINRA Rule 12901. Please consult the appropriate FINRA Rule.

The Customer Code will apply to claims filed on or after April 16, 2007. In addition, the list selection provisions of the Customer 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) Member Surcharge
(1) A surcharge in the amount indicated in the schedule below will be assessed against each member that:
•  Files a claim, counterclaim, cross claim, or third party claim under the Code;
•  Is named as a respondent in a claim, counterclaim, cross claim, or third party claim filed and served under the Code; or
•  Employed, at the time the dispute arose, an associated person who is named as a respondent in a claim, counterclaim, cross claim, or third party claim filed and served under the Code.
Member Surcharge

Amount in Dispute Surcharge
(exclusive of interest and expenses)
Up to $2,500 $150
$2,500.01–$5,000 $200
$5,000.01–$10,000 $325
$10,000.01–$25,000 $425
$25,000.01–$30,000 $600
$30,000.01–$50,000 $875
$50,000.01–$100,000 $1,100
$100,000.01–$500,000 $1,700
$500,000.01–$1,000,000 $2,250
$1,000,000.01–$5,000,000 $2,800
$5,000,000.01–$10,000,000 $3,350
Over $10,000,000 $3,750
Non-Monetary/Not Specified $1,500
(2) If the claim does not request or specify money damages, the Director may determine that the member surcharge should be more or less than the amount specified in the schedule above, but in any event the amount of the member surcharge may not be less than $150 or more than $3,750.
(3) If the claim is filed by the member, the surcharge is due when the claim is filed. If the claim is filed against the member, or against an associated person employed by the member at the time of the events giving rise to the dispute, the surcharge is due when the claim is served in accordance with Rule 12300.
(4) No member shall be assessed more than a single surcharge in any arbitration. The panel may not reallocate a surcharge paid by a member to any other party.
(b) Refund of Member Surcharge
(1) The Director will refund the surcharge paid by a member in an arbitration filed by a customer if the panel:
•  Denies all of a customer's claims against the member or associated person; and
•  Allocates all fees assessed pursuant to Rule 12902(a) against the customer.
(2) The Director may also refund or waive the member surcharge in extraordinary circumstances.
Adopted by SR-NASD-2003-158 eff. April 16, 2007.

Selected Notices: 07-07

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