Federal Register - August 30, 2021
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Fuente: Federal Register
48456
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices
Suitability, to update a citation within subparagraph b3 to NASD Rule IM
22106. In 2011, FINRA replaced NASD
IM22106 with FINRA Rule 2214.13
2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6b of the Act,14 in general, and furthers the objectives of Section 6b5 of the Act,15
in particular, in that it is designed to promote just and equitable principles of trade and to protect investors and the public interest. The Exchanges proposal to remove inaccurate FINRA rule references from General 9, Section 51
and replace them with references to current FINRA rules that apply to research analysts and sic is consistent with the Act. The Exchanges proposal will align Nasdaqs rule to FINRA rules.
The Exchanges proposal to amend General 9, Section 10, Recommendations to Customers Suitability, to update a citation within subparagraph b3 to NASD Rule IM
22106 is consistent with the Act.
Replacing NASD IM22106 with FINRA Rule 2214 will bring greater transparency to the correct FINRA rule.
B. Self-Regulatory Organizations Statement on Burden on Competition
khammond on DSKJM1Z7X2PROD with NOTICES
The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The proposed amendments do not impose an undue burden on competition as the proposal will amend the Exchanges General 9, Section 51 to remove inaccurate FINRA rule references and replace them with references to current FINRA Rules that apply to research analysts.
The Exchanges proposal to amend General 9, Section 10, Recommendations to Customers Suitability, to update a citation within subparagraph b3 to NASD Rule IM
22106 does not impose an undue burden on competition. Replacing NASD IM22106 with FINRA Rule 13 See Securities Exchange Act Release No. 64984
June 28, 2011, 76 FR 46870 August 3, 2011 SR
FINRA2011035 Notice of Filing of Proposed Rule Change To Adopt FINRA Rules 2210
Communications With the Public, 2212 Use of Investment Companies Rankings in Retail Communications, 2213 Requirements for the Use of Bond Mutual Fund Volatility Ratings, 2214
Requirements for the Use of Investment Analysis Tools, 2215 Communications With the Public Regarding Security Futures, and 2216
Communications With the Public About Collateralized Mortgage Obligations CMOs in the Consolidated FINRA Rulebook.
14 15 U.S.C. 78fb.
15 15 U.S.C. 78fb5.
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2214 will bring greater transparency to the correct FINRA rule.
Commission, 100 F Street NE, Washington, DC 205491090.
C. Self-Regulatory Organizations Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others
All submissions should refer to File Number SRNASDAQ2021064. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commissions internet website http www.sec.gov/
rules/sro.shtml. Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commissions Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change.
Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SRNASDAQ2021064 and should be submitted on or before September 20, 2021.
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: i Significantly affect the protection of investors or the public interest; ii impose any significant burden on competition; and iii become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19b3A of the Act 16 and Rule 19b 4f6 thereunder.17
At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule change should be approved or disapproved.
IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:
Electronic Comments Use the Commissions internet comment form http www.sec.gov/
rules/sro.shtml; or Send an email to rule-comments@
sec.gov. Please include File Number SR
NASDAQ2021064 on the subject line.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.18
Jill M. Peterson, Assistant Secretary.
FR Doc. 202118553 Filed 82721; 8:45 am BILLING CODE 801101P
Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange 16 15
U.S.C. 78sb3A.
CFR 240.19b4f6. In addition, Rule 19b 4f6iii requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.
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