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90-1 Proposed Amendment to Schedule C to the NASD By-Laws Re: Fees Charged by Members to Applicants for Registration
Legal & Compliance
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REQUEST FOR COMMENTS
The NASD requests comments on proposed amendments to Schedule C to the NASD By-Laws that will require members to disclose to applicants for registration the specific purpose of any fees collected from such applicants for registration or licensing purposes and that will require members to refund the unused portion of such fees in the event the applicant withdraws from the registration process.
Many member firms require applicants to pay, in advance, a portion or the entire cost of the qualification, training, and registration process. The NASD Board of Governors is concerned that, although this practice may serve a motivational purpose, there is a potential for abuse by member firms. The NASD has received a number of complaints from persons who were required to pay to member firms substantial amounts in advance of the initiation of the registration process and, when such persons withdrew from the process prior to registration, none of the fees collected were returned.
The Board of Governors believes that the decision on whether the applicant or the member pays training and registration costs should be left to each member firm. The Board feels, however, that an amendment to Schedule C of the By-Laws should be adopted that would require a member firm, which requires applicants for registration to pay some or all of such fees, to provide the applicant with an itemized accounting of the costs incurred. In addition, the amendment would require the member firm to refund any unused portion of the fees collected if the applicant withdraws from the registration process for any reason.
An example of the application of this proposal would be a situation in which a member firm collects monies from an applicant to cover an examination training course, NASD registration and examination fees, a testing fee for the Series 63 Uniform Securities Agent State Law Examination, and licensing fees for three states. Under the proposed amendment, the member must give the applicant an itemized accounting of these expected costs at the time the applicant pays. If the applicant completes the training courses after the firm applies for the NASD examination and registration but withdraws from registration before the member commits the state registration fees, the applicant must receive an itemized refund of anticipated but unspent state fees.
The Board of Governors asks all members and interested persons to comment on this proposed amendment. Comments should be directed to:
Mr. Lynn Nellius, Secretary
National Association of
Securities Dealers, Inc.
1735 K Street, NW
Washington, DC 20006.
Questions concerning this notice may be directed to Craig Landauer, Senior Attorney, at (202) 728-8291, or to David Uthe, Senior Qualifications Analyst, at (301) 590-6695.
Comments must be received no later than February 20, 1990. Changes to Schedule C to the NASD By-Laws must be approved by the Board of Governors and filed with and approved by the SEC before becoming effective.
PROPOSED NEW PART IN SCHEDULE C TO THE BY-LAWS
(Note: New text is underlined.)
Fees Collected From Applicants
Subsequent parts to be renumbered consecutively.