[Federal Register Volume 59, Number 93 (Monday, May 16, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-11797] [[Page Unknown]] [Federal Register: May 16, 1994] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-34033; File No. SR-NYSE-94-13] Self-Regulatory Organizations; Notice of Filing of Proposed Rule Change by the New York Stock Exchange, Inc. Relating to Interpretation to Rule 345 Establishing a New Category of Limited Registration for Floor Clerks of Members and the Content Outline for the Examination Module for Floor Clerks of Members Engaged in Public Business With Professional Customers (Series 7B) May 10, 1994. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')\1\ and Rule 19b-4 thereunder\2\ notice is hereby given that on March 28, 1994, the New York Stock Exchange, Inc. (``NYSE'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'' or ``SEC'') the proposed rule change as described in Items I, II and III below, which Items have been prepared by the self- regulatory organization (``SRO''). The Commission is publishing this notice to solicit comments on the propose rule change from interested persons. --------------------------------------------------------------------------- \1\15 U.S.C. 78s(b)(1) (1988). \2\17 CFR 240.19b-4 (1993). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange has filed a proposed interpretation to Rule 345 establishing a new category of limited registration for floor clerks of members engaged in public business with professional customers and the Content Outline for the Examination Module for Floor Clerks of Members Engaged in Public Business with Professional Customers (Series B). The Exchange also seeks approval of the Series 7B examination module. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change (a) Purpose Recently, the Exchange established a new category of registration and developed a qualification examination module (Qualification Examination for Floor Members Engaged in Public Business with Professional Customers--Series 7A) for floor members who conduct a public business limited to accepting orders from professional customers for execution on the trading floor.\3\ This Series 7A examination module, developed as a subset of the General Securities Registered Representative Examination (``Series 7''), was created because the level of knowledge required to perform the activities engaged in by members who conduct a professional public business limited to transactions in listed securities on the Exchange floor is narrower in content and scope than that needed to conduct an overall general securities business with retail customers. --------------------------------------------------------------------------- \3\The Exchange stated that the term ``professional customer'' is derived from the term ``designated account'' as used in NYSE Rule 431. As used in this proposal, the Exchange defines ``professional customer'' to include a bank, trust company, insurance company, investment trust, state or political subdivision thereof, charitable or nonprofit educational institution regulated under the laws of the United States or any state, or political subdivision thereof, or any person who has, or has under management, net tangible assets of at least sixteen million dollars. For purposes of the definition of ``professional customer,'' the term ``person'' shall mean the same as that term is defined in NYSE Rule 2, except that it shall not include natural persons. NYSE Rule 2 defines ``person'' as a natural person, corporation, partnership, association, joint stock company, trust, fund or any organized group of persons whether incorporated or not. --------------------------------------------------------------------------- Currently, floor clerks associated with members and who take orders from public customers must become registered representatives and pass the Series 7 examination. Floor members who conduct a public business limited to dealing with professional customers (who may satisfy the Series 7A exam requirements in lieu of the Series 7) have requested that their floor clerks who take orders solely from professional customers also be allowed to take a qualifying examination more appropriate to the level of knowledge required to serve professional customers. The Exchange will continue to require the successful completion of the Series 7 examination for any floor clerk seeking to become a registered representative dealing with other than professional customers. In addition, any person who has successfully completed the Series 7 examination will not be required to complete the Series 7B examination. Since the Series 7A exam was developed for members, it assumes the member's level of qualification (i.e., completion of new member orientation program and/or having passed the floor member qualification examination--Series 15). Consequently, the Series 7B examination module has been developed to test the knowledge of floor clerks who accept orders only from professional customers on behalf of members qualified to conduct business with these professional customers by complementing the Series 7A examination module with questions on basic information required to perform floor functions. A committee of floor member representatives in conjunction with the Exchange staff developed the content outline, which details the coverage of the examination module, as well as the actual examination. The committee and staff identified the knowledge areas associated with the job tasks, determined the relative emphasis to be given across the knowledge areas, reviewed examination questions and forms, and determined the passing score. The proposed interpretation to rule 345.15 establishes a new category of registration, limited registration for floor clerks, and requires that those who conduct a public business limited to accepting orders directly from professional customers for execution on the trading floor, successfully complete the Series 7B examination. (b) Statutory Basis The statutory basis for the Series 7B Exam lies in section 6(c)(3)(B) of the Act. Under that section, the Exchange may bar a natural person from becoming a member or person associated with a member, if such natural person does not meet such standards of training, experience and competence as are prescribed by the rules of the Exchange. Pursuant to this statutory obligation, the Exchange has developed examinations that are administered to establish that Exchange floor members and persons associated with such members performing specific functions have attained specific levels of competence and knowledge. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the publication of this notice in the Federal Register or within such other period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) by order approve the proposed rule change, or (B) institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing. Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street NW., Washington, DC 20549. 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 inspection and copying at the Commission's Public Reference Room, 450 Fifth Street NW., Washington, DC 20549. Copies of the filing will also be available for inspection and copying at the Commission's Public Reference Room, 450 Fifth Street NW., Washington, DC 20549. Copies of the filing will also be available for inspection and copying at the principal office of the NYSE. All submissions should refer to File No. SR-NYSE-94-13 and should be submitted by June 6, 1994. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. Margaret H. McFarland, Deputy Secretary. [FR Doc. 94-11797 Filed 5-13-94; 8:45 am] BILLING CODE 8010-01-M