

[Federal Register: December 31, 2007 (Volume 72, Number 249)]
[Notices]               
[Page 74385-74386]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de07-103]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57001; File No. SR-NASDAQ-2007-099]

 
Self-Regulatory Organizations; the NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Establishing Fee for Registering and Transferring Registration of 
Associated Persons

December 20, 2007.
    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 December 20, 2007, The NASDAQ Stock Market LLC (``Nasdaq''), filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II, and III below, which 
Items have been prepared by Nasdaq. Pursuant to Section 19(b)(3)(A)(ii) 
of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ Nasdaq has 
designated this proposal as establishing or changing a due, fee, or 
other charge, which renders the proposed rule change effective upon 
filing. 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\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    Nasdaq proposes to charge fees for individual registration and 
transfer/re-licensing under Rule 7003(b). The proposed rule change is 
effective upon filing.
    The text of the proposed rule change is below. Proposed new 
language is underlined; proposed deletions are in brackets.
* * * * *
    (a) The following fees will be collected and retained by FINRA 
[NASD] via the Web CRD registration system for the registration of 
associated persons of Nasdaq members that are not also FINRA [NASD] 
members:
    (1)-(6) No change.
    (b) The following fees will be collected via the Web CRD 
registration system for the registration of associated persons of 
Nasdaq members:
    (1) $55 for each initial Form U4 filed for the registration of a 
representative or principal.
    (2) $55 for each registration U4 transfer or re-licensing of a 
representative or principal.
* * * * *

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    Nasdaq proposes to revise Rule 7003 and begin charging fees for 
registration and transfer/re-licensing of individuals. Currently, 
Nasdaq is one of only a few self-regulatory organizations (``SROs'') 
that charge membership application and renewal fees for firms, but does 
not charge fees for registered representatives.
    Subsequent to the early 2006 transition of the Nasdaq Market Center 
as a facility of the Financial Industry Regulatory Authority, Inc. (f/
k/a National Association of Securities Dealers, Inc.) to a facility of 
a new SRO, Nasdaq decided to limit membership fees to firm application, 
renewal, and trading rights charges. However, since then Nasdaq's 
market share in trading New York Stock Exchange securities has 
increased significantly and Nasdaq will also soon launch an options 
exchange. Both of these events create additional regulation expense 
that must be supported. Nasdaq believes that the new fees are warranted 
to ensure that fees for registered representatives fund a portion of 
the cost of regulating the Nasdaq market. Nasdaq believes that even 
with the new fees, registered representatives that are Nasdaq members 
will still generally pay less than or the same amount they pay to be 
registered representatives in other SROs.\5\
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    \5\ See, http://www.finra.org/web/groups/reg_systems/documents/regulatory_systems/p005213.pdf
.

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    Nasdaq proposes to begin charging $55 for individual initial 
registration and transfer/re-licensing on January 1, 2008.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with 
the provisions of Section 6 of the Act,\6\ in general, and with Section 
6(b)(4) of the Act,\7\ in particular, in that it provides for the 
equitable allocation of reasonable dues, fees and other charges among 
members and issuers and other persons using any facility or system 
which Nasdaq operates or controls. Nasdaq believes that the proposed 
Nasdaq membership fees for individual registration and transfer/re-
licensing are a reasonable and equitable method of ensuring that 
registered representative fees funds a portion of the cost of 
regulating the Nasdaq market, and that the overall cost for registered 
representatives that are Nasdaq members is reasonable as compared with 
their cost of membership in other SROs.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).

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[[Page 74386]]

B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result 
in 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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act \8\ and subparagraph (f)(2) of Rule 19b-4 
thereunder.\9\ 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 furtherance of the purposes of the Act.
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    \8\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
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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-NASDAQ-2007-099 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-NASDAQ-2007-099. 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 on official 
business days between the hours of 10 a.m. and 3 p.m. Copies of the 
filing also will be available for inspection and copying at the 
principal office of Nasdaq. 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-NASDAQ-2007-099 and 
should be submitted on or before January 22, 2008.
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    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-25354 Filed 12-28-07; 8:45 am]

BILLING CODE 8011-01-P
