More on Registration Requirements
Many people in the industry ask, "If I stop selling for a while, can I just park my license at the firm until I'm ready to use it again?"
Here is how FINRA answers that:
• • • • • • • • • • • • • •
• A member shall not maintain a representative registration with •
• FINRA for any person (1) who is no longer active in the member's •
investment banking or securities business, (2) who is no longer
•
functioning as a representative, or (3) where the sole purpose is to •
• avoid the examination requirement prescribed in paragraph (c). •
• • • • • • • • • • • • • •
So, if the registered representative is out for two years or more, he must take his Series 6 or Series 7 exam again. Item (3) is saying that a member firm had better not pretend the agent is associated just so he can skip the requirement to requalify by exam.
A broker-dealer also could not sponsor someone for the Series 7 exam just so the person could sit for the test and maybe tell the rest of the candidates what to expect. As the rules say:
• • • • • • • • • • • • • •
• A member shall not make application for the registration of any •
• person as representative where there is no intent to employ such
•
person in the member's investment banking or securities business.
• • • • • • • • • • • • • •
Exemptions from Registration
Not every employee of a broker-dealer must register. The following have been granted exemptions from the painful process you're undergoing right now:
• • • • • • • • • • • • • •
• Persons Exempt from Registration •
• (a) The following persons associated with a member are not •
• required to be registered with the Association: •
• •(1) persons associated with a member whose functions are solely •
• and exclusively clerical or ministerial• •
(2) persons associated with a member who are not actively engaged
• in the investment banking or securities business; •
• •(3) persons associated with a member whose functions are related •
• solely and exclusively to the member's need for nominal corporate • officers or for capital participation; and
• •
• (4) persons associated with a member whose functions are related • solely and exclusively to:
• •
• (A) effecting transactions on the floor of a national securities •
exchange and who are registered as floor members with such
• •
exchange;
• •
• (B) transactions in municipal securities; •
• (C) transactions in commodities; or •
• •(D) transactions in securityfutures, provided that any such person •
• is registered with a registeredfutures association. •
• • • • • • • • • • • • • •
So, if he is just doing filing/temp work, not involved with underwriting or trading securities, just sitting on the board or investing in the firm, or is a member of a futures or stock exchange filling orders for the firm, that individual is not required to register as a registered representative.
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