Rule 10b-16
  Disclosure of Credit Terms in
Margin Transactions
a.
It shall be unlawful
for any broker or dealer to extend credit, directly or indirectly, to
any customer in connection with any securities transaction unless such
broker or dealer has established procedures to assure that each customer:
1.
Is given or sent
at the time of opening the account, a written statement or statements
disclosing
i.
the conditions under which an interest charge will be imposed;
ii.
the annual rate or rates of interest that can be imposed;
iii.
the method of computing interest;
iv.
if rates of interest are subject to change without prior notice, the specific
conditions under which they can be changed;
v.
the method of determining the debit balance or balances on which interest
is to be charged and whether credit is to be given for credit balances
in cash accounts;
vi. what
other charges resulting from the extension of credit, if any, will be
made and under what conditions; and
vii. the
nature of any interest or lien retained by the broker or dealer in the
security or other property held as collateral and the conditions under
which additional collateral can be required: Provided, however,
That the requirements of this Paragraph (a)(1) will be met in any case
where the account is opened by telephone if the information required to
be disclosed is orally communicated to the customer at that time and the
required written statement or statements are sent to the customer immediately
thereafter: And provided, further, That in the case of customers
to whom credit is already being extended on the effective date of this
section, the written statement or statements required hereunder must be
given or sent to said customers within 90 days after the effective date
of this Rule; and
2.
Is given or sent
a written statement or statements, at least quarterly, for each account
in which credit was extended, disclosing
i.
the balance at the beginning of the period; the date, amount and a brief
description of each debit and credit entered during such period; the closing
balance; and, if interest is charged for a period different from the period
covered by the statement, the balance as of the last day of the interest
period;
ii.
the total interest charge for the period during which interest is charged
(or, if interest is charged separately for separate accounts, the total
interest charge for each such account), itemized to show the dates on
which the interest period began and ended; the annual rate or rates of
interest charged and the interest charge for each such different annual
rate of interest; and either each different debit balance on which an
interest calculation was based or the average debit balance for the interest
period, except that if an average debit balance is used, a separate average
debit balance must be disclosed for each interest rate applied; and
iii.
all other charges resulting from the extension of credit in that account:
Provided, however, That if the interest charge disclosed on a statement
is for a period different from the period covered by the statement, there
must be printed on the statement appropriate language to the effect that
it should be retained for use in conjunction with the next statement containing
the remainder of the required information: And provided further,
That in the case of ``equity funding programs'' registered under the Securities
Act of 1933, the requirements of this Paragraph (a)(2) will be met if
the broker or dealer furnishes to the customer, within 1 month after each
extension of credit, a written statement or statements containing the
information required to be disclosed under this paragraph.
b.
It shall be unlawful
for any broker or dealer to make any changes in the terms and conditions
under which credit charges will be made (as described in the initial statement
made under paragraph (a) of this section), unless the customer shall have
been given not less than thirty
1.
days written notice of such changes, except that no such prior notice
shall be necessary where such changes are required by law: Provided,
however, That if any change for which prior notice would otherwise
be required under this paragraph results in a lower interest charge to
the customer than would have been imposed before the change, notice of
such change may be given within a reasonable time after the effective
date of the change.
Regulatory History |
|
SEC Release 34-8773: 34 FR 19718, Dec. 16, 1969 |
|