(a) A broker or dealer that is registered by notice with the Commission pursuant to section 15(b)(11)(A) of the Act (15 U.S.C. § 78o(b)(11)(A)) and that is not a member of either a national securities exchange registered pursuant to section 6(a) of the Act (15 U.S.C. § 78f(a)) or a national securities association registered pursuant to section 15A(a) of the Act (15 U.S.C. §§ 78o–3(a)) will be exempt from the registration requirement of section 15(a)(1) of the Act (15 U.S.C. § 78o(a)(1)) solely to act as a broker or a dealer in security futures products.

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(b) A broker or dealer that is registered by notice with the Commission pursuant to section 15(b)(11)(A) of the Act (15 U.S.C. § 78o(b)(11)(A)) and that is a member of either a national securities exchange registered pursuant to section 6(a) of the Act (15 U.S.C. § 78f(a)) or a national securities association registered pursuant to section 15A(a) of the Act (15 U.S.C. §§ 78o–3(a)) will be exempt from the registration requirement of section 15(a)(1) of the Act (15 U.S.C. § 78o(a)(1)) solely to act as a broker or a dealer in security futures products, if:

(1) The rules of any such exchange or association of which the broker or dealer is a member provides specifically for a broker or dealer that is registered by notice with the Commission pursuant to section 15(b)(11)(A) of the Act (15 U.S.C. § 78o(b)(11)(A)) to become a member of such exchange or association; and

(2) The broker or dealer complies with section 11(a)-(c) of the Act (15 U.S.C. § 78k(a)-(c)) with respect to any transactions in security futures products on a national securities exchange registered pursuant to section 6(a) of the Act (15 U.S.C. § 78f(a)) of which it is a member, notwithstanding section 15(b)(11)(B)(ii) of the Act (15 U.S.C. § 78o(b)(11)(B)(ii)).

[66 FR 45146, Aug. 27, 2001]