Summary of selected FINRA regulatory notices, July‐August 2008

Abstract

PurposeThe purpose of this paper is to provide excerpts of selected Financial Industry Regulatory Authority (FINRA) Regulatory Notes issued in July and August 2008.Design/methodology/approachThe paper provides excerpts from the June 2008 Supplement to the Options Disclosure Document; Regulatory Notice 08‐38, SEC Emergency Orders on Short Selling; Regulatory Notice 08‐39, Variable Insurance Products; Regulatory Not ice 08‐41, Portfolio Margin Program; Regulatory Notice 08‐42, SEC Rule 144 and TRACE Eligibility; and Regulatory Notice 08‐43, Trade Reporting and Compliance Engine (TRACE)FindingsThe Orders and Guidance in Regulatory Notice 08‐38 address the naked short selling of the securities of 19 public companies. Through Regulatory Notice 08‐39, FINRA proposes to update and consolidate the rules governing member firm communications with the public about variable insurance products. Regulatory Notice 08‐41 addresses margin requirements based on projected loss scenarios, and also discusses concentrated equity positions and day trading. Regulatory Notice 08‐42 notes that once a security meets the definition of “TRACE‐eligible security”, all secondary market transactions in such securities are “reportable TRACE transactions”. Regulatory Notice 08‐43 describes additional data elements in real‐time TRACE data that will identify transactions as either inter‐dealer or customer transactions and, in customer transactions, whether the dealer is on the buy or sell side.Originality/valueThese are direct excerpts designed to provide a useful digest for the reader and an indication of regulatory trends. The FINRA staff is aware of this summary but has neither reviewed nor edited it. For further detail as well as other useful information, the reader should visit www.finra.org