Published Memo Number 05-85
 

Information Memo  05-85  is available for viewing or printing with Adobe Acrobat
   
Number 05-85 11/07/2005
 
ATTENTION:   CHIEF EXECUTIVE OFFICERS, MANAGING PARTNERS, COMPLIANCE AND LEGAL DEPARTMENTS, RESEARCH DEPARTMENTS, REGISTRATION, AND CONTINUING EDUCATION DEPARTMENTS
 
TO:   ALL MEMBERS AND MEMBER ORGANIZATIONS
 
SUBJECT:   REVISIONS TO THE SERIES 4 AND SERIES 9/10 EXAMINATION PROGRAMS; IMPLEMENTATION DATE NOVEMBER 30, 2005
 



The qualification examination programs for the General Securities Sales Supervisor (Series 9/10) and Limited Principal-Registered Options (Series 4) were revised recently by the NYSE, other self-regulatory organizations (“SROs”), and a committee composed of industry representatives. The changes incorporate amendments to relevant SEC and/or SRO laws, rules and regulations covered by the examinations, such as: the SEC’s new Regulation SHO, which provides for significant changes to SEC and NYSE short sale rules, Regulation S-P, MSRB Rules G-37/G-38, SRO research analyst rules1, anti-money laundering rules2 and the introduction of new securities products including, but not limited to: municipal fund securities (e.g., 529 college savings plans), and exchange traded funds. The Series 9/10 and Series 4 content outlines, as well as the qualification exams, have been revised to reflect the new content coverage. The qualification examination changes will be implemented on November 30, 2005 and revised examination study outlines are available for download via the Regulation page on the NYSE website at http://www.nyseregulation.com.

Background:

Pursuant to Section 6(c)(3)B(i) of the Securities Exchange Act of 19343, the Exchange is required to prescribe standards for training, experience, and competence for persons associated with NYSE members and member organizations.





The NYSE develops and maintains a number of qualification examinations, including the Series 7 (General Securities Registered Representative Qualification Examination), the Series 14 (Compliance Official Qualification Examination) and Series 16 (Supervisory Analyst Qualification Examination), that are designed to establish that persons associated with NYSE members have attained specific levels of competence and knowledge. The NYSE periodically reviews the content of its examinations to determine whether revisions are necessary or appropriate in view of changes pertaining to the subject matter covered by the examinations. Certain other examination programs, including but not limited to the Series 9/10 and Series 4, are developed and maintained by the NYSE jointly with other SROs including the American Stock Exchange, LLC, the Chicago Board Options Exchange, Inc., the Municipal Securities Rulemaking Board, and the NASD.

Series 9/10- General Securities Sales Supervisor:

NYSE Rule 342(d)(“Offices—Approval, Supervision and Control”) requires that qualified persons acceptable to the Exchange shall be in charge of: (1) any office of a member or member organization, (2) any regional or other group of offices, (3) any sales department or activity. Rule 342.13 further states that any member, allied member or employee who is a candidate for such supervisory functions must have a creditable three-year record as a registered representative or equivalent experience, and must pass the General Securities Sales Supervisor Qualification Examination (Series 9/10) or another examination acceptable to the Exchange, which demonstrates competency relevant to assigned responsibilities.

The Series 9/10 is an industry-wide exam that is intended to test a candidate’s knowledge of securities industry rules and certain statutory provisions applicable to the supervision of sales activities conducted at a branch office. The Series 9/10 does NOT qualify a candidate to supervise functions other than sales. The total number of questions on the Series 9/10 remains at 200.

Series 4 Limited Principal-Registered Options:

NYSE Rule 720 (“Registration of Options Principals”) states that no member organization shall transact any business with the public in options contracts unless those persons engaged in the management of the member organization’s business pertaining to options contracts are registered with and approved by the Exchange as Options Principals. (No individual member shall transact any business directly with the public in options contracts unless he is registered with and approved by the Exchange as an Options Principal.) In connection with their registration, Options Principals shall successfully complete an examination prescribed by the Exchange.

The Series 4 exam is intended to test a candidate’s knowledge of rules and statutory provisions applicable to the supervisory management of a firm’s options personnel and options accounts. The total number of questions on the Series 4 exam remains at 125 questions.






Questions regarding this information memo may be addressed to: Tina Freilicher, Director of Testing Standards at 212-656-2741, Chun Liu, Senior Testing and Evaluation Specialist at 212-656-5761, or Patricia Monterosso, Senior Testing and Evaluation Specialist at 212-656-4376.
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Donald van Weezel
Vice President
Member Firm Regulation

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1 See NYSE Rule 472 ("Communications With The Public")
2 See NYSE Rule 445 ("Anti-Money Laundering Compliance Program")
3 15 U.S.C. 78a et seq.