Category: MSRB

Best Execution: It’s Not Just for Capital Punishment!

MSRB Rule G-18, effective March 21, 2016, establishes a best-execution rule for municipal security transactions. The rule requires brokers and dealers to make reasonable efforts to find as favorable a price as possible for a customer’s transaction, given the prevailing conditions of the market. G-18 is comparable to FINRA Rule 5310, though it is designed specifically to meet the needs of the municipal securities market. —This post is relevant to the Series 52 and Series 53.— Continue reading

Rule G-18
MSRB Rule G-18, effective March 21, 2016, establishes a best-execution rule for municipal security transactions.  The rule requires brokers and dealers to make reasonable efforts to find as favorable a price as possible for a customer’s transaction, given the prevailing conditions of the market. G-18 is comparable to FINRA Rule 5310, though it is designed specifically to meet the needs of the municipal securities market.

In deciding how and where to execute a trade, a broker-dealer is expected to consider these factors:

• The character of the market for the security, such as its price, volatility, and liquidity
• The size and the type of transaction
• The number of markets checked
• The information reviewed to determine the current market for the security or similar securities
• The accessibility of the quotation
• The terms and conditions of the transaction as communicated to the broker-dealer

Because municipal securities trade over-the-counter, the term “market” should be interpreted broadly to include trading among broker’s brokers, alternative trading systems, or other counter-parties. Dealers must be especially vigilant with transactions in markets where trading is thin and limited pricing information is available.

If a dealer does not get the best price possible in the market, this does not necessarily mean that reasonable diligence was not used.  However, if the dealer makes another trade soon after and gets a better price for a similar security and there has been no significant change in the market, this is an indicator that the dealer did not use reasonable diligence.

The following are a few examples of characteristics that may be used to determine if two securities are similar:

• Issuer
• Source of repayment
• Credit rating
• Coupon
• Maturity
• Redemption features
• Sector of the market
• Geographical region
• Tax status

Broker-dealers must institute written policies and procedures that address how they will make a best-execution determination in the absence of pricing information or multiple quotations. They must document compliance with those policies and conduct reviews at least once a year to assess their effectiveness.

Broker-dealers are exempt from the best execution requirement when acting on behalf of a sophisticated municipal market professional (SMMP).  An SMMP is:

• A bank, savings and loan association, insurance company, or investment company
• A registered investment adviser
• Any other individual or entity having total assets of at least $50 million

Note: Because broker-dealers are not considered to be customers, the best-execution standard does not have to be applied to trades between broker-dealers that are not on behalf of a customer.

This post is relevant to the Series 52 and Series 53.

Series 51 Live Class – Portland, OR

Do you need to take the Series 51 MSRB Municipal Fund Securities Limited Principal Qualification Exam? This two-day crash course in Portland, Oregon will help! Continue reading

Series 51 Live Class

Bank Loan Disclosures on EMMA

EMMA, the Electronic Municipal Market Access website, now allows issuers to voluntarily share bank loan disclosure information online. Continue reading

EMMA, the Electronic Municipal Market Access website, now allows issuers to voluntarily share bank loan disclosure information online.

EMMA was created by the MSRB to give investors online access to official statements for municipal bonds, as well as other disclosure documents.  By adding the ability for issuers to share bank loan disclosure information, the MSRB is helping to provide investors with more transparency and more information with which to approach the municipal market.

The information can be posted on the issuer’s customized homepage. Getting it displayed is a two-step process. First, the issuer must submit the bank loan disclosure via the EMMA Dataport Submission Portal.  Once the information is submitted, it can be published on the Customized Issuer Homepage by using the Issuer Dashboard.

Investors will find bank loan disclosures and other documentation under the Continuing Disclosure tab on the issuer’s customized homepage.

EMMA is covered on the Series 7, 50, 51, 52, and 53 exams.  For more information about EMMA and the services it provides, please visit: http://emma.msrb.org/aboutemma/overview.aspx

MSRB Announces Creation of Professional Qualification Standards for Municipal Advisors

To qualify as a municipal advisor representative or municipal advisor principal, individuals will be required to pass a new Series 50 exam, which will begin being tried-out in the fall of 2015 to establish the passing score. Continue reading

Exam AlertAs required by the Dodd-Frank Act, effective April 27, 2015, the MSRB will amend its rules in order to create professional qualification standards for municipal advisors. The new rules will create a representative and a principal classification. To qualify as a municipal advisor representative or municipal advisor principal, individuals will be required to pass a new Series 50 exam, which will begin being tried-out in the fall of 2015 to establish the passing score. After the permanent test is in place, individuals acting as municipal advisors will have one year to pass the test.  Municipal advisors who would like to be part of the pilot group may sign up here: https://public.govdelivery.com/accounts/VAORGMSRB/subscriber/new?topic_id=VAORGMSRB_286.

The amended rules will also eliminate the existing requirement for a 90-day apprenticeship period.

This information came from http://www.msrb.org/News-and-Events/Press-Releases/2015/MSRB-Creates-Professional-Qualification-Standards-for-Municipal-Advisors.aspx. 

Increase in FINRA & MSRB Exam Fees

Next month both MSRB and FINRA exam fees will increase. Effective April 1, 2015, individuals who register for one of the following exams will be charged the new rates… Continue reading

Next month both MSRB and FINRA exam fees will increase. The Municipal Securities Rulemaking Board (MSRB) will raise their development fee for professional qualification exams from $60 to $150. In addition, the Financial Industry Regulatory Authority (FINRA) will also raise their exam fees by approximately $5-$15 per exam. Effective April 1, 2015, individuals who register for one of the following exams will be charged the new rates:

[Old rate] new rate

Series 4 – Registered Options Principal [$100] $105

Series 6 – Investment Company Products/Variable Contracts Representative [$95] $100

Series 7 – General Securities Representative [$290] $305

Series 9 – General Securities Sales Supervisor – Options Module [$75] $80

Series 10 – General Securities Sales Supervisor – General Module [$120] $125

Series 11 – Assistant Representative – Order Processing [$75] $80

Series 14 – Compliance Official [$335] $350

Series 16 – Supervisory Analyst [$230] $240

Series 17 – Limited Registered Representative [$75] $80

Series 22 – Direct Participation Programs Representative [$95] $100

Series 23 – General Securities Principal Sales Supervisor Module [$95] $100

Series 24 – General Securities Principal [$115] $120

Series 26 – Investment Company Products/Variable Contracts Principal [$95] $100

Series 27 – Financial and Operations Principal [$115] $120

Series 28 – Introducing Broker-Dealer Financial and Operations Principal [$95] $100

Series 37 – Canada Module of S7 (Options Required) [$175] $185

Series 38 – Canada Module of S7 (No Options Required) [$175] $185

Series 39 – Direct Participation Programs Principal [$90] $95

Series 42 – Registered Options Representative [$70] $75

Series 51 – Municipal Fund Securities Limited Principal [$95] $105 + $150 = $255

Series 52 – Municipal Securities Representative [$120] $130 + $150 = $280

Series 53 – Municipal Securities Principal [$105] $115 + $150 = $265

Series 55 – Limited Representative – Equity Trader [$105] $110

Series 62 – Corporate Securities Limited Representative [$90] $95

Series 72 – Government Securities Representative [$105] $110

Series 79 – Investment Banking Qualification Examination [$290] $305

Series 82 – Limited Representative – Private Securities Offering [$90] $95

Series 86 – Research Analyst – Analysis [$175] $185

Series 87 – Research Analyst – Regulatory [$125] $130

Series 99 – Operations Professional [$125] $130

 

This information came from http://www.finra.org/sites/default/files/rule_filing_file/SR-FINRA-2015-006.pdf and http://www.msrb.org/~/media/Files/SEC-Filings/2015/MSRB-2015-01.ashx?la=en

Personal Finances and Your Registration

Could a poor credit rating or a personal bankruptcy prevent you from getting licensed to work in the securities industry? Here are some things to know. Continue reading

Updated Jun 30, 2022

Are you looking to start a career in the financial or securities industries? Passing securities exams like the Securities Industry Essentials (SIE), the Series 6, or Series 7 isn’t the only criteria for getting registered to work in the industry. Your personal financial history may also factor into whether you can become licensed and land a job.

So could a poor credit rating or a personal bankruptcy negatively impact your ability to get licensed to work in the securities industry? Here’s some information about how your personal financial situation may affect your registration process.

First, an important caveat: this is not legal advice and, as an education company, Solomon Exam Prep provides this information for educational purposes only. Please consult with a compliance professional to identify and address any issues regarding your situation or your state’s regulations. Always check with your compliance department regarding compliance issues.

1. Be sure to disclose relevant information on Form U4.

Form U4 is the registration form for broker-dealer agents and investment adviser representatives. It asks several questions about your history, including some on your finances. Such questions include whether you or a company you controlled have been subject to a bankruptcy within the past ten years. Answer these questions completely and honestly! Failing to disclose this information could jeopardize your ability to work in the securities industry–it could result in a statutory disqualification.

2. You may be denied registration based on insolvency.

If the state securities administrator discovers that you are insolvent (meaning you can’t pay your debts), they may deny your registration if they feel that it’s in the public’s interest.

3. You may be denied registration based on your financial history.

FINRA may deny your registration based on your answers to the questions on Form U4. This means that FINRA could deny your registration if:

    • you or a company you controlled have been subject to a bankruptcy within the past ten years
    • a bonding company denied, paid out on, or revoked a bond for you
    • you have unpaid legal judgments or liens

4. You may be denied registration for having a poor credit history.

Having a poor credit history could result in your registration being denied. Regulators may require applicants to submit balance sheets. The information on such sheets will be factored into the overall decision of whether to approve or deny your application.

5. Your application for registration will not be automatically accepted if you have financial issues that are required to be reported on Form U4.

If you report financial problems on your application, it will not be automatically accepted. Instead, it will be transferred to a manual review process.

6. Once you’re registered, you may lose your registration due to poor credit, bankruptcy, or insolvency.

Even if you’re already registered, you’re still required to report certain events by updating Form U4. Your registration is still subject to review when you do so.

7. You may be able to get registered even if you don’t have a spotless financial history.

Regulators are looking out for your customers. They want to collect all relevant information so they can stop problems before they start. They will only deny your registration if they feel it’s in the public’s interest.

If a checkered financial history fits with other red flags, such as a criminal record or a history of regulatory violations, then a denial would be more likely. However, an isolated financial incident would be less likely to cause regulators to deny a registration. Regulators look at each case individually.

Final Thoughts

Note that regulations vary by state, and that in some states regulators will not look at your credit rating when evaluating your application. Certain regulators may also allow you to send your information before you apply, so you can see whether they would accept your application.

For more information, contact your state securities administrator. Find contact information on NASAA’s website.

Reminder: this is not legal advice and is provided for educational purposes only. Please consult with a compliance professional to identify and address any issues regarding your situation or your state’s regulations. Always check with your compliance department regarding compliance issues.