Underwriting
and Transaction Assessments for Brokers,
Dealers
and Municipal Securities Dealers
Rule A-13.
(a) Underwriting Assessments-Scope. Each
broker, dealer and municipal securities dealer shall pay to the
Board an underwriting fee as set forth in section (b) for all
municipal securities purchased from an issuer by or through such
broker, dealer or municipal securities dealer, whether acting
as principal or agent, as part of a primary offering, provided
that section (b) of this rule shall not apply to a primary offering
of securities if all such securities in the primary offering:
(i) have an aggregate par value less
than $1,000,000;
(ii) have a final stated maturity of
nine months or less;
(iii) at the option of the holder thereof,
may be tendered to an issuer of such securities or its designated
agent for redemption or purchase at par value or more at least
as frequently as every nine months until maturity, earlier redemption,
or purchase by an issuer or its designated agent;
(iv) have authorized denominations
of $100,000 or more and are sold to no more than thirty-five persons
each of whom the broker, dealer or municipal securities dealer
reasonably believes: (A) has the knowledge and experience necessary
to evaluate the merits and risks of the investment; and (B) is
not purchasing for more than one account, with a view toward distributing
the securities; or
(v) constitute municipal fund securities.
If a syndicate or similar account has been formed for the purchase
of the securities, the underwriting fee shall be paid by the managing
underwriter on behalf of each participant in the syndicate or
similar account.
(b) Underwriting Assessments-Amount. For those
primary offerings subject to assessment under section (a) above,
the amount of the underwriting fee is:
(i) for primary offerings in which
all securities offered have a final stated maturity less than
two years, .001% ($.01 per $1,000) of the par value;
(ii) for primary offerings in which
all securities offered, at the option of the holder thereof, may
be tendered to an issuer of such securities or its designated
agent for redemption or purchase at par value or more at least
as frequently as every two years until maturity earlier redemption,
or purchase by an issuer or its designated agent, .001% ($.01
per $1,000) of the par value; and
(iii) for all other primary offerings
subject to this rule, .003% ($.03 per $1,000) of the par value.
(c)Transaction Assessments.
(i) Inter-Dealer Sales. Each broker, dealer and municipal securities dealer shall
pay to the Board a fee equal to .0005% ($.005 per $1,000) of the
total par value of inter-dealer municipal securities sales that
it reports to the Board under rule G-14(b), except as provided
in section (iii) of this paragraph (c).For those inter-dealer transactions reported to the Board
by a broker, dealer or municipal securities dealer on behalf of
another broker, dealer or municipal securities dealer, the inter-dealer
transaction fee shall be paid by the broker, dealer or municipal
securities dealer that reported the transaction to the Board.Such broker, dealer or municipal securities dealer may then
collect the inter-dealer transaction fee from the broker, dealer
or municipal securities dealer on whose behalf the transaction
was reported.
(ii) Customer Sales. Each broker, dealer and
municipal securities dealer shall pay to the Board a fee equal
to .0005% ($.005 per $1,000) of the total par value of sales to
customers that it reports to the Board under rule G-14(b), except
as provided in section (iii) of this paragraph (c).The customer transaction fee shall be paid by the broker,
dealer or municipal securities dealer that effected the sale to
the customer.
(iii) Transactions Not Subject
to Fee.Transaction
fees are not assessed on transactions in municipal securities
that:
(a) have a final stated maturity of
nine months or less; or
(b) at the time of trade, may be tendered
at the option of the holder to an issuer of such securities or
its designated agent for redemption or purchase at par value or
more at least as frequently as every nine months until maturity,
earlier redemption, or purchase by an issuer or its designated
agent.
(d) Billing Procedure. The Board periodically will
invoice brokers, dealers and municipal securities dealers for
payment of underwriting and transaction fees. The underwriting
and transaction fees must be paid within 30 days of the sending
of the invoice by the Board.
(e) Prohibition on Charging Fees Required Under this Rule
to Issuers. No broker, dealer or municipal securities dealer
shall charge or otherwise pass through the fee required under
this rule to an issuer of municipal securities.
(f) Definition. For purposes of this rule, the term
"primary offering" shall mean an offering of municipal
securities directly or indirectly by or on behalf of the issuer
of such securities, including any remarketing of such securities
directly by or on behalf of the issuer of such securities.