FINANCIAL INDUSTRY REGULATORY AUTHORITY LETTER OF ACCEPTANCE, WAIVER AND CONSENT NO. 2015045603201 TO: Department of Enforcement Financial Industry Regulatory Authority (FINRA) RE: Merrill Lynch, Pierce, Fenner & Smith Inc., Respondent Member Firm CRD No. 7691 Pursuant to FINRA Rule 9216 of FINRA’s Code of Procedure, Respondent Merrill Lynch, Pierce, Fenner & Smith Inc. submits this Letter of Acceptance, Waiver and Consent (AWC) for the purpose of proposing a settlement of the alleged rule violations described below.