(a) General. If any self-regulatory organization for which
the
Commission is the appropriate regulatory agency takes any action
described in this rule to which the person affected thereby has
consented and such action:
(1) Conditions or limits membership or participation in,
association
with a member of, or access to services offered by, such organization or
a member thereof and
(2) Is based upon a statutory disqualification defined in
section
3(a)(39) of the Act, notice thereof shall be filed under Rule 19h-1 and
not under this rule.
(b) The notice requirement of section 19(d)(1) of the Act,
concerning an action subject to such section taken by a self-regulatory
organization for which the Commission is the appropriate regulatory
agency, shall be satisfied by any notice with respect to such action
(including a notice filed pursuant to this rule) which contains the
information required in the statement supporting the organization's
determination required by section 6(d) (1) or (2), section 15A(h) (1) or
(2), or section 17A(b)(5) (A) or (B) of the Act, as appropriate.
(c)(1) Any self-regulatory organization for which the
Commission is
the appropriate regulatory agency that takes any final disciplinary
action with respect to any person shall promptly file a notice thereof
with the Commission in accordance with paragraph (d) of this section.
For the purposes of this rule, a ''final disciplinary action'' shall
mean the imposition of any final disciplinary sanction pursuant to
section 6(b)(6), 15A(b)(7), or 17A(b)(3)(G) of the Act or other action
of a self-regulatory organization which, after notice and opportunity
for hearing, results in any final disposition of charges of:
(i) One or more violations of--
(A) The rules of such organization;
(B) The provisions of the Act or rules thereunder; or
(C) In the case of a municipal securities broker or dealer,
the
rules of the Municipal Securities Rulemaking Board;
(ii) Acts or practices constituting a statutory
disqualification of
a type defined in subparagraph (D) or (E) (except prior convictions) of
section 3(a)(39) of the Act; or
(iii) In the case of a proceeding by a national securities
exhange
or registered securities association based on section 6(c)(3)(A)(ii),
6(c)(3)(B)(ii), 15A(g)(3)(A)(ii), or 15A(g)(3)(B)(ii) of the Act, acts
or practices inconsistent with just and equitable principles of trade.
Provided, however, That in the case of a disciplinary action in which a
national securities exchange imposes a fine not exceeding $1000 or
suspends floor privileges of a clerical employee for not more than five
days for violation of any of its regulations concerning personal decorum
on a trading floor, the disposition shall not be considered ''final''
for purposes of this paragraph if the sanctioned person has not sought
an adjudication, including a hearing, or otherwise exhausted his
administrative remedies at the exchange with respect to the matter.
Provided further, That this exemption from the notice requirement of
this paragraph shall not be available where a decorum sanction is
imposed at, or results from, a hearing on the matter.
(2) Any disciplinary action, other than a decorum sanction
not
deemed ''final'' under paragraph (c)(1) of this section, taken by a
self-regulatory organization for which the Commission is the appropriate
regulatory agency against any person for violation of a rule of the
self-regulatory organization which has been designated as a minor rule
violation pursuant to a plan or any amendment thereto filed with and
declared effective by the Commission under this paragraph, shall not be
considered ''final'' for purposes of paragraph (c)(1) of this section if
the sanction imposed consists of a fine not exceeding $2500 and the
sanctioned person has not sought an adjudication, including a hearing,
or otherwise exhausted his administrative remedies at the self-regulatory organization with resepect to the matter. After appropriate
notice of the terms of substance of the filing or a description of the
subjects and issues involved and opportunity for interested persons to
submit written comment, the Commission may, by order, declare such plan
or amendment effective if it finds that such plan or amendment is
consistent with the public interest, the protection of investors, or
otherwise in furtherance of the purposes of the Act. The Commission in
its order may restrict the categories of violations to be designated as
minor rule violations and may impose any other terms or conditions to
the plan (including abbreviated reporting of selected minor rule
violations) and to the period of its effectiveness which it deems
necessary or appropriate in the public interest, for the protection of
investors or otherwise in furtherance of the purposes of the Act.
(d) Contents of notice required by paragraph (c)(1). Any
notice
filed pursuant to paragraph (c)(1) of this section, shall consist of the
following, as appropriate:
(1) The name of the respondent concerned together with his
last
known place of residence or business as reflected on the records of the
self-regulatory organization and the name of the person, committee, or
other organizational unit which brought the charges involved; except
that, as to any respondent who has been found not to have violated a
provision covered by a charge, identifying information with respect to
such person may be deleted insofar as the notice reports the disposition
of that charge, unless, prior to the filing of the notice, the
respondent requests otherwise;
(2) A statement describing the investigative or other origin
of the
action;
(3) As charged in the proceeding, the specific provisions of
the
Act, the rules or regulations thereunder, the rules of the organization,
and, in the case of a registered securities association, the rules of
the Municipal Securities Rulemaking Board, and, in the event a violation
of other statutes or rules constitutes a violation of any rule of the
organization, such other statutes or rules; and a statement describing
the answer of the respondent to the charges;
(4) A statement setting forth findings of fact with respect
to any
act or practice which such respondent was charged with having engaged in or omitted; the conclusion of the
organization as to whether such respondent is deemed to have violated
any provision covered by the charges; and a statement of the
organization in support of the resolution of the principal issues raised
in the proceedings;
(5) A statement describing any sanction imposed, the reasons
therefor, and the date upon which such sanction has or will become
effective, together with a finding if appropriate, as to whether such
respondent was a cause of any sanction imposed upon any other person;
and
(6) Such other matters as the organization may deem relevant.
(e) Notice of final denial, bar, prohibition, termination or
limitation based on qualification or administrative rules. Any final
action of a self-regulatory organization for which the Commission is the
appropriate regulatory agency that is taken with respect to any person
constituting a denial, bar, prohibition, or limitation of membership,
participation or association with a member, or of access to services
offered by a self-regulatory organization or a member thereof, and which
is based on an alleged failure of any person to:
(1) Pass any test or examination required by the rules of the
Commission or such organization;
(2) Comply with other qualification standards established by
rules
of the Commission or such organization; or
(3) Comply with any administrative requirements of such
organization
(including failure to pay entry or other dues or fees or to file
prescribed forms or reports) not involving charges of violations which
may lead to a disciplinary sanction
Shall not be considered a ''disciplinary action'' for purposes of
paragraph (c) of this rule; but notice thereof shall be promptly filed
with the Commission in accordance with paragraph (f) of this section,
Provided, however, That no disposition of a matter shall be considered
''final'' pursuant to this paragraph which results merely from a notice
of such failure to the person affected, if such person has not sought an
adjudication, including a hearing, or otherwise exhausted his
administrative remedies within such organization with respect to such a
matter.
(f) Contents of notice required by paragraph (e). Any notice
filed
pursuant to paragraph (e) of this section shall consist of the
following, as appropriate:
(1) The name of each person concerned together with his last
known
place of residence or business as reflected on the records of the
organization;
(2) The specific provisions of the Act, the rules or
regulations
thereunder, the rules of the organization, and, in the case of a
registered securities association, the rules of the Municipal Securities
Rulemaking Board, upon which the action of the organization was based,
and a statement describing the answer of the person concerned;
(3) A statement setting forth findings of fact and
conclusions as to
each alleged failure of the person to pass any required examination,
comply with other qualification standards, or comply with administrative
obligations, and a statement of the organization in support of the
resolution of the principal issues raised in the proceeding;
(4) The date upon which such action has or will become
effective;
and
(5) Such other matters as the organization may deem relevant.
(g) Notice of final action based upon prior adjudicated
statutory
disqualifications. Any self-regulatory organization for which the
Commission is the appropriate regulatory agency that takes any final
action with respect to any person which:
(1) Denies or conditions membership or participation in, or
association with a member of, such organization or prohibits or limits
access to services offered by such organization or a member thereof; and
(2) Is based upon a statutory disqualification of a type
defined in
subparagraph (A), (B), or (C) of section 3(a)(39) of the Act or
consisting of a prior conviction, as described in subparagraph (E) of
said section 3(a)(39), shall promptly file a notice of such action with
the Commission in accordance with paragraph (h) of this section,
provided, however, That no disposition of a matter shall be considered
''final'' pursuant to this paragraph where such person has not sought an
adjudication, including a hearing, or otherwise exhausted his administrative remedies
within such organization with respect to such a matter.
(h) Contents of notice required by paragraph (g). Any notice
filed
pursuant to paragraph (g) of this section shall consist of the
following, as appropriate:
(1) The name of the person concerned together with his last
known
place of residence or business as reflected on the record of the
organization;
(2) A statement setting forth the principal issues raised,
the
answer of any person concerned, and a statement of the organization in
support of the resolution of the principal issues raised in the
proceeding;
(3) Any description furnished by or on behalf of the person
concerned of the activities engaged in by the person since the
adjudication upon which the disqualification is based;
(4) Any description furnished by or on behalf of the person
concerned of the prospective business or employment in which the person
plans to engage and the manner and extent of supervision to be exercised
over and by such person;
(5) A copy of the order or decision of the court, the
Commission or
the self-regulatory organization which adjudicated the matter giving
rise to such statutory disqualification;
(6) The nature of the action taken and the date upon which
such
action is to be made effective; and
(7) Such other matters as the organization deems relevant.
(i) Notice of summary suspension of membership,
participation, or
association, or summary limitation or prohibition of access to services.
If any self-regulatory organization for which the Commission is the
appropriate regulatory agency summarily suspends a member, participant,
or person associated with a member, or summarily limits or prohibits any
person with respect to access to or services offered by the organization
or (in the case of a national securities exchange or a registered
securities association) a member thereof pursuant to the provisions of
section 6(d)(3), 15A(h)(3) or 17A(b)(5) (C) of the Act, such
organization shall, within 24 hours of the effectiveness of such summary
suspension, limitation or prohibition notify the Commission of such
action, which notice shall contain at least the following information:
(1) The name of the person concerned together with his last
known
place of residence or business as reflected on the records of the
organization;
(2) The date upon which such summary action has or will
become
effective;
(3) If such summary action is based upon the provisions of
section
6(d)(3)(A), 15A(h)(3)(A), or 17A(b)(5) (C)(i) of the Act, a copy of the
relevant order or decision of the self-regulatory organization;
(4) If such summary action is based upon the provisions of
section
6(d)(3) (B) or (C), 15A(h)(3) (B) or (C), or 17A(b)(5)(C) (ii) or (iii)
of the Act, a statement describing, as appropriate:
(i) The financial or operating difficulty of the member or
participant upon which such organization determined the member or
particpant could not be permitted to continue to do business with safety
to investors, creditors, other members or participants, or the
organization;
(ii) The pertinent failure to meet qualification requirements
or
other prerequisites for access and the basis upon which such
organization determined that the person concerned could not be permitted
to have access with safety to investors, creditors, other members, or
the organization; or
(iii) The default of any delivery of funds or securities to a
clearing agency by a participant.
(5) The nature and effective date of the suspension,
limitation or
prohibition; and
(6) Such other matters as the organization deems relevant.
Regulatory History |
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42 FR 36415, July 14, 1977, as amended at 49 FR 23831, June 8, 1984 |