3220. Influencing or Rewarding Employees of Others
(a) No member or person associated with a member shall, directly or indirectly, give or permit to be given anything of value, including gratuities, in excess of one hundred dollars per individual per year to any person, principal, proprietor, employee, agent or representative of another person where such payment or gratuity is in relation to the business of the employer of the recipient of the payment or gratuity. A gift of any kind is considered a gratuity.
(b) This Rule shall not apply to contracts of employment with or to compensation for services rendered by persons enumerated in paragraph (a) provided that there is in existence prior to the time of employment or before the services are rendered, a written agreement between the member and the person who is to be employed to perform such services. Such agreement shall include the nature of the proposed employment, the amount of the proposed compensation, and the written consent of such person's employer or principal.
(c) A separate record of all payments or gratuities in any amount known to the member, the employment agreement referred to in paragraph (b) and any employment compensation paid as a result thereof shall be retained by the member for the period specified by SEA Rule 17a-4.
Amended by SR-FINRA-2008-027 eff. Dec. 15, 2008.
Amended by SR-NASD-92-40 eff. Dec. 28, 1992.
Amended by SR-NASD-84-8 eff. June 20, 1984.
Amended eff. Sept. 1, 1969.
Selected Notices: 82-44, 93-8, 08-57.
- Regulatory Notice 16-29August 08, 2016
- Regulatory Notice 14-15April 08, 2014
- Regulatory Notice 08-57October 16, 2008