<p>Application of Rule 2210 to the use of investment projections and marketing material when registered persons are conducting advisory services.</p>
NASD members and associated persons who are required to use hypothetical illustrations under New York State's Regulation 60 with respect to internal and external replacements of life insurance and annuity contracts, would not be prevented under NASD Rule 2210 from using such illustrations. However, any use beyond what is required by Regulation 60 may require the illustrations to be filed with NASD Regulation as sales literature.
<p>Use of Modified Corporate Name</p>
Rule 2210 does not require member to approve, file or maintain as advertising records certain statistical information that is regularly updated on firm's web site.
<p>Member that serves as investment consultant and sub-administrator for certain mutual funds, but does not serve as either the principal underwriter or an investment adviser or sub-adviser to the funds, may state in its public communications that it does not offer proprietary products.</p>
<p>Further interpretive advice to members concerning the sale of hedge funds.</p>
Guidance regarding use of related performance information in sales material for private equity funds.
Placing limit orders in ECNs that comply with the ECN Display Alternative under the SEC's Order Handling Rules in order to affect the price of transactions effected through POSIT may constitute market manipulation in violation of the antifraud provisions of the securities laws and NASD rules.
<p>Intersection between the NASD's Limit Order Protection Rule and Rule 206(3) of the Investment Advisors Act of 1940 for fee-based wrap accounts.</p><p> </p><p>[NASDAQ Staff Interpretive Letter]</p>
<p>Intersection between a member's obligation under the NASD's Limit Order Protection Rule and the Employment Retirement Income Security Act ("ERISA") for accounts subject to ERISA.</p><p> </p><p>[NASDAQ Staff Interpretive Letter]</p>
