

[Federal Register: April 24, 2006 (Volume 71, Number 78)]
[Notices]               
[Page 21062-21063]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap06-107]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53669; File No. SR-NASD-2006-046]

 
Self-Regulatory Organizations; National Association of Securities 
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change Relating to Technical Amendments to Rule 3080 (Disclosure 
to Associated Persons When Signing Form U-4)

April 18, 2006.
    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 April 13, 2006, the National Association of Securities Dealers, Inc. 
(``NASD'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by NASD. NASD filed the 
proposed rule change as a ``non-controversial'' rule change under Rule 
19b-4(f)(6) under the Act,\3\ which rendered the proposal effective 
upon filing with the Commission. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    NASD proposes to amend NASD Rule 3080 (Disclosure to Associated 
Persons When Signing Form U-4) to correct the reference to the name of 
the Form U4 (Uniform Application for Securities Industry Registration 
or Transfer) and the location of the predispute arbitration clause in 
the Form U4. The text of the proposed rule change is available on 
NASD's Web site, http://www.nasd.com, at NASD's Office of the 

Secretary, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, NASD 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. NASD 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

1. Purpose
    NASD Rule 3080 requires that members disclose to associated persons 
certain information regarding the nature and process of arbitration 
proceedings that the associated person agrees to be bound by upon 
signing a Form U4. The references to the name of the Form and the 
location of the predispute arbitration clause in the Form are not 
correct due to prior amendments to the Form.\4\ Accordingly, the 
proposed rule change will amend NASD Rule 3080 to eliminate the hyphen 
in the name of the Form U4 and to indicate that the predispute 
arbitration clause is in Item 5 of section 15A of the Form U4. The 
effective date and the implementation date of the proposed rule change 
will be the date of filing.
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    \4\ See Securities Exchange Act Release Nos. 48161 (July 10, 
2003), 68 FR 42444 (July 17, 2003) (SR-NASD-2003-57) (which, among 
other things, changed the name of the Form from ``U-4'' to ``U4'') 
and 45531 (March 11, 2002), 67 FR 11735 (March 15, 2002) (SR-NASD-
2002-05) (which, among other things, relocated the predispute 
arbitration clause to a new Section 15A of the Form U4).
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2. Statutory Basis
    NASD believes that the proposed rule change is consistent with 
section 15A of

[[Page 21063]]

the Act,\5\ in general, and section 15A(b)(6) \6\ of the Act, in 
particular, in that it is designed to prevent fraudulent and 
manipulative acts and practices, to promote just and equitable 
principles of trade, and, in general, to protect investors and the 
public interest. NASD believes that amending the references in NASD 
Rule 3080 to the name of the Form and the location of the predispute 
arbitration clause in the Form will eliminate confusion as to these 
points.
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    \5\ 15 U.S.C. 78o-3.
    \6\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NASD 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

    NASD has neither solicited nor received written comments on the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the proposed rule change: (i) Does not significantly affect 
the protection of investors or the public interest; (ii) does not 
impose any significant burden on competition; and (iii) by its terms, 
does not become operative for 30 days after the date of filing, or such 
shorter time as the Commission may designate, if consistent with the 
protection of investors and the public interest, the proposed rule 
change has become effective pursuant to section 19(b)(3)(A) of the Act 
\7\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
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    NASD has requested that the Commission waive the 30-day operative 
delay period for ``non-controversial'' proposals and make the proposed 
rule change effective and operative upon filing. The Commission 
believes that waiver of the 30-day operative delay is consistent with 
the protection of investors and the public interest, because the 
proposed rule change is intended to correct references and cross-
references in NASD 3080 which are no longer correct due to the 
operation of prior rule changes. For this reason, the Commission 
designates the proposal to be effective and operative upon filing with 
the Commission.\9\
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    \9\ For the purposes only of accelerating the operative date of 
this proposal, the Commission has considered the proposed rule's 
impact on efficiency, competition and capital formation. 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily abrogate 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 the furtherance of the purposes of the Act.

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 Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to rule-comments@sec.gov. Please include 

File Number SR-NASD-2006-046 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NASD-2006-046. This 
file number should be included on the subject line if e-mail 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 Commission's Internet Web site (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 inspection 
and copying in the Commission's Public Reference Room. Copies of such 
filing also will be available for inspection and copying at the 
principal office of NASD. All comments received will be posted without 
change; the Commission does not edit personal identifying information 
from submissions. You should submit only information that you wish to 
make available publicly. All submissions should refer to File Number 
SR-NASD-2006-046 and should be submitted on or before May 15, 2006.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-6076 Filed 4-21-06; 8:45 am]

BILLING CODE 8010-01-P
