
[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47470-47471]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19365]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67588; File No. SR-FINRA-2009-028]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Withdrawal of Proposed Rule Change To Adopt 
FINRA Rule 2231 (Customer Account Statements) in the Consolidated FINRA 
Rulebook

August 2, 2012.
    On April 22, 2009, the Financial Industry Regulatory Authority, 
Inc. (``FINRA'') (f/k/a National Association of Securities Dealers, 
Inc. (``NASD'')) filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission''), pursuant to Section 19(b)(1) of the 
Securities Exchange Act of 1934 (``Exchange Act'' or ``Act'') \1\ and 
Rule 19b-4 thereunder,\2\ a proposed rule change that would have 
adopted NASD Rule 2340 (``Customer Account Statements'') with certain 
changes as FINRA Rule 2231 in the consolidated FINRA rulebook 
(``Consolidated FINRA Rulebook'').\3\ The proposed rule change would 
also have deleted NYSE Rule 409 (``Statements of Accounts of 
Customers''), except for paragraph (f) and certain of its related 
interpretations. The proposed rule change was published for comment in 
the Federal Register on May 21, 2009.\4\ The Commission received 12 
comments on the proposal.\5\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The FINRA rulebook consists of (1) FINRA Rules; (2) NASD 
Rules; and (3) rules incorporated from NYSE (``Incorporated NYSE 
Rules'') (together, the NASD Rules and Incorporated NYSE Rules are 
referred to as the ``Transitional Rulebook''). While the NASD Rules 
generally apply to all FINRA members, the Incorporated NYSE Rules 
apply only to those members of FINRA that are also members of the 
NYSE (``Dual Members''). The FINRA Rules apply to all FINRA members, 
unless such rules have a more limited application by their terms. 
For more information about the rulebook consolidation process, see 
FINRA Information Notice, March 12, 2008 (Rulebook Consolidation 
Process). For convenience, the proposed rule change refers to 
Incorporated NYSE Rules as NYSE Rules.
    \4\ See Securities Exchange Act Release No. 59921 (May 14, 
2009), 74 FR 23912 (May 21, 2009).
    \5\ http://www.sec.gov/comments/sr-finra-2009-028/finra2009028.shtml (last visited July 30, 2012).
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    On July 12, 2011, FINRA filed Amendment No. 1 to the proposed rule 
change that was published in Federal Register on August 2, 2011.\6\ On 
October 7, 2011, the Commission published a notice to correct the 
timing of required Commission action.\7\ The Commission

[[Page 47471]]

received 9 comments on the proposal as amended by Amendment No. 1.\8\
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    \6\ See Securities Exchange Act Release No. 64969 (July 26, 
2011), 76 FR 46340 (August 2, 2011).
    \7\ See Exchange Act Release No. 64969A (Oct. 7, 2011), 76 FR 
63969 (Oct. 14, 2011).
    \8\ See supra note 5.
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    On July 30, 2012, FINRA withdrew the proposed change (SR-FINRA-
2009-028).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Kevin O'Neill,
Deputy Secretary.
[FR Doc. 2012-19365 Filed 8-7-12; 8:45 am]
BILLING CODE 8011-01-P


