On September 30, 2002, the Municipal Securities
Rulemaking Board (“MSRB”) filed with the Securities and Exchange
Commission (“SEC”) a proposed rule change consisting of the
test specifications and the study outline for the MSRB’s new
Municipal Fund Securities Limited Principal Qualification Examination
(Series 51), as well as an amendment to Rule G-3, on professional
qualifications.[1] Administration of the new Series 51 examination
will begin on or about January 1, 2003. The amendment to Rule
G-3 will extend to March 31, 2003 the transition period during
which Series 24 and Series 26 principals may continue to supervise
municipal fund securities activities without further qualification.
This extension will provide a three-month period during which
candidates can take and pass the new Series 51 examination.
Under the amendment, all municipal fund securities limited principals
will be required to have taken and passed the Series 51 examination
by April 1, 2003.
SUMMARY OF PROPOSED RULE CHANGE
Under section (b)(iv) of Rule G-3, on professional
qualifications, an associated person of a broker, dealer or
municipal securities dealer (“dealer”) may undertake supervisory
activities with respect to the dealer’s municipal fund securities
activities by qualifying as a municipal fund securities limited
principal. Current Rule G-3(b)(iv)(E)(4) provides that, on
and after January 1, 2003, all municipal fund securities limited
principals must be qualified by taking and passing the new Series
51 examination.[2]
The Series 51 examination will qualify an associated
person of a dealer to manage, direct or supervise certain specified
activities, but solely as such activities relate to transactions
in municipal fund securities.[3] The examination will be a 90-minute, 60 multiple choice question
examination with 70% as the passing score. It will measure
a candidate’s knowledge of municipal fund securities and the
securities industry rules and regulations pertinent to such
products. The examination will require that the individual
taking it have previously or concurrently taken and passed the
general securities principal qualification examination (Series
24) or investment company and annuity principal qualification
examination (Series 26).
A subcommittee of the MSRB’s Professional Qualifications
Advisory Committee consisting of industry representatives, working
with MSRB staff in consultation with NASD staff, developed the
Series 51 study outline and test specifications. The examination
will be divided into seven topical sections. The topical sections
and the percent of questions designated for each such section
are as follows: Regulatory Structure (5%); Product Knowledge
(20%); General Supervision (20%); Fair Practice and Conflicts
of Interest (15%); Sales Supervision (20%); Underwriting and
Disclosure Obligations (10%); and Operations (10%). The specifications
for the Series 51 examination specify how the questions asked
on each examination are to be allocated among the various subtopics
within these topical sections.
Rule G-3 currently allows general securities principals
(Series 24) and investment company limited principals (Series
26) to supervise municipal fund securities activities during
a transition period that ends on December 31, 2002. On and
after January 1, 2003, all municipal fund securities limited
principals must be qualified by taking and passing the new Series
51 examination. However, administration of this examination
will not begin until on or about January 1, 2003. Thus, the
MSRB is extending the period during which Series 24 and 26 principals
may continue to supervise municipal fund securities activities
without further qualification. The amendment to Rule G-3 will
accomplish this by extending the transition period to March
31, 2003. This extension will provide a three-month period
during which candidates can take and pass the examination.
Under the amendment, all municipal fund securities limited principals
will be required to have taken and passed the Series 51 examination
by April 1, 2003.
September 30, 2002
TEXT OF AMENDMENT [4]
Rule G-3. Classification of Principals and Representatives;
Numerical Requirments; Testing; Continuing Education Requirements
(a) No change.
(b) Municipal Securities Principal; Municipal Fund Securities
Limited Principal.
[1] File No. SR-MSRB-2002-13.
Comments on the proposed rule change should be submitted to
the SEC and should reference this file number. The MSRB has
requested confidential treatment of the test specifications,
pursuant to SEC Rule 24b-2. The proposed rule change will
become operative on November 1, 2002.
[2] Prior to this date, a
general securities principal (Series 24) or investment company/variable
contracts limited principal (Series 26) may act as a municipal
fund securities limited principal without further qualification.
[3] These activities consist
of (A) underwriting, trading or sales of municipal fund securities;
(B) financial advisory or consultant services for issuers
in connection with the issuance of municipal fund securities;
(C) processing, clearance, and (in the case of non-bank dealers)
safekeeping of municipal fund securities; (D) research or
investment advice with respect to municipal fund securities
(but only to the extent related to the activities described
in (A) or (B)); (E) any other activities which involve communication,
directly or indirectly, with public investors in municipal
fund securities (but only to the extent related to the activities
described in (A) or (B)); (F) maintenance of records with
respect to the activities described in (A) through (E); and
(G) training of municipal securities principals, municipal
fund securities limited principals or municipal securities
representatives with respect to municipal fund securities.
Municipal securities principals (Series 53) will continue
to be qualified to manage, direct or supervise such activities,
as they relate to municipal fund securities or to any other
type of municipal securities. Municipal securities sales
principal (Series 9/10) will continue to be qualified to supervise
sales to and purchases from customers of municipal securities,
including municipal fund securities.
[4] Underlining indicates
new language; strikethrough indicates deletions.