Notice to Members 05-55

SEC Approves Amendments to IM-10104 to Provide Payment to Arbitrators for Deciding Discovery-Related Motions

Effective Date: September 26, 2005

The Securities and Exchange Commission (SEC) has approved an amendment to Interpretive Material (IM) 10104 of the NASD Code of Arbitration Procedure (Code) to provide payment to arbitrators for deciding discovery-related motions without a hearing session.

The text of the amendment is set forth in Attachment A. The amendment will become effective on September 26, 2005, and will apply to any arbitrator order issued on or after September 26, 2005, that decides a discovery-related motion.

Questions regarding this Notice may be directed to Mignon McLemore, Assistant Chief Counsel, NASD Dispute Resolution, at (202) 728-8151, or via email.