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- Compiled: June 1, 2012 List Of Dealers Total: 677 Dealer Name ... - In
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Noblesville FAQ
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Footnote 74 of the 2013 Release adopting amendments to Rule 17a-5 states: “There may be circumstances in which a broker-dealer has not held customer securities or funds during the fiscal year, but does not fit into one of the exemptive provisions [for Rule 15c3-3] listed under Item 24 of Part IIA [of the FOCUS Report].
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Footnote 78 of the 2013 Release adopting amendments to Rule 17a-5 states: “Broker-dealers with extremely limited custodial activities (e.g., holding customer checks made out to a third party for limited periods of time) could seek relief from the Commission from the requirement to file the compliance report and report ...
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The amendments to Rule 17a-4 add an audit-trail alternative to the WORM requirement. Under the audit-trail alternative, a broker-dealer must use an electronic recordkeeping system that maintains and preserves electronic records in a manner that permits the recreation of an original record if it is modified or deleted.
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17a-5(e)(1)(ii) A broker or dealer that files an annual report under paragraph (d) of this section that is not covered by a report prepared by an independent public accountant must include in the oath or affirmation required by paragraph (e)(2) of this section a statement of the facts and circumstances relied upon as a ...
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The guidance of SEC Footnote 74 refers to such broker-dealers as Non-Covered Firms. Non-Covered Firms who only capture in Non-Covered Firm activities are no longer characterized as cleared under Rule 15c3-3(k) and thus no longer subject to Rule 15c3-3 requirements, stated to this footnote.
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Definition of “Swap Dealer” makes a market in swaps, iii. regularly enters into swaps with counterparties as an ordinary course of business for its own account, or iv. engages in activity causing itself to be commonly known in the trade as a dealer or market maker in swaps.
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What is Footnote 74? If a firm qualifies for footnote 74, they would be eligible to file an Exemption Report instead of a Compliance Report and can be classified as a Non-Covered Firm.
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a highly leveraged financial entity that is not subject to regulatory capital requirements and that maintains a substantial position in outstanding swaps in any major swap category (without regard to whether such positions are held for hedging or mitigating commercial risk purposes).
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