Fla. Admin. Code Ann. R. 69W-600.012 - Rules of Conduct
(1)
(a) Confirmation of Transactions: Every
dealer registered in this state shall give or send to the customer a written
confirmation at or before completion of each transaction. Such confirmation
shall set forth at least the following:
1. A
description of the security purchased or sold, the date of the transaction, the
price at which the security was purchased or sold and any commission
charged;
2. A description of the
designation of capacity in which the dealer was acting: as principal for its
own account, as agent for the customer, as agent for some other person, or as
agent for both the customer and some other person;
3. If the dealer acted as agent for the
customer, the name of the contraparty and whether like commissions were
charged.
(b) Compliance
with SEC Rule 10b-10 (17
C.F.R. §
240.10b-10), which is
incorporated by reference in Rule
69W-200.002, F.A.C., and the
confirmation, preparation and disclosure requirements of SEC Rule 17a-3
(17 C.F.R. §
240.17a-3) or MSRB Rules G-8 and G-15, which
are incorporated by reference in Rule 69W-200.002, F.A.C., shall be deemed
compliance with this rule.
(2) A dealer shall not enter into any
contract with a customer if the contract contains any condition, stipulation or
provision binding the customer to waive any rights under Chapter 517, F.S., or
any rule or order thereunder. Any such condition, stipulation or provision is
void.
(3) Each dealer and
investment adviser shall provide each customer with a confirmed copy of all
contracts or agreements between such dealer or investment adviser and such
customer within a timely manner.
(4) It shall be a violation of Section
517.301(1),
F.S., for any dealer or associated person to engage in any "device, scheme, or
artifice to defraud" which shall include selling or effecting the purchase of
any security into, in, or from offices in this state in violation of:
(a) Sections 9, 10, 11A, 15(c) or 15(g) of
the Securities Exchange Act of 1934 (15 U.S.C. §§
78i,
78j,
78k-1,
78o(c) or
78o(g)), which
are incorporated by reference in Rule 69W-200.002, F.A.C.;
(b) SEC Rule 9b-1 (17 C.F.R. §
240.9b-1), which is incorporated by reference
in Rule 69W-200.002, F.A.C.;
(c)
SEC Rules 10b-1, 10b-3, 10b-5, 10b5-1, 10b5-2, 10b-9, 10b-10, 10b-16, 10b-17,
10b-18 and 10b-21 (17 C.F.R.
§§240.10b-1,
240.10b-3,
240.10b-5, 240.10b5-1, 240.10b5-2,
240.10b-9,
240.10b-10,
240.10b-16,
240.10b-17,
240.10b-18 and
240.10b-21), which are
incorporated by reference in Rule 69W-200.002, F.A.C.;
(d) SEC Rules 15c1-1 through 15c1-3 and
15c1-5 through 15c1-9 ( 17 C.F.R. §§240.15c1-1 through 240.15c1-3 and
240.15c1-5 through 240.15c1-9), which are incorporated by reference in Rule
69W-200.002, F.A.C.;
(e) SEC Rules
15c2-1, 15c2-4, 15c2-5, 15c2-7, 15c2-8, 15c2-11 and 15c2-12 ( 17 C.F.R.
§§240.15c2-1, 240.15c2-4, 240.15c2-5, 240.15c2-7, 240.15c2-8,
240.15c2-11 and 240.15c2-12), which are incorporated by reference in Rule
69W-200.002, F.A.C.;
(f) SEC Rules
15g-1 through 15g-6, 15g-8 and 15g-9 (17 C.F.R. §§240.15g-1
through 240.15g-6,
240.15g-8 and
240.15g-9), which are incorporated
by reference in Rule 69W-200.002, F.A.C.;
(g) Regulation M (17 C.F.R. 242.100
through 242.105), which is incorporated by
reference in Rule 69W-200.002, F.A.C.; or
(h) SEC Rule 601 (17 C.F.R. §
242.601), which is incorporated by reference
in Rule 69W-200.002,
F.A.C.
Notes
Rulemaking Authority 517.03(1) FS. Law Implemented 517.121, 517.301(1) FS.
New 12-5-79, Amended 9-20-82, Formerly 3E-600.12, Amended 12-25-89, 10-14-90, 8-1-91, 6-16-92, 1-11-93, 4-11-94, 1-3-99, 8-19-99, 10-30-03, Formerly 3E-600.012, Amended 11-22-10, 9-22-14, 11-15-16, 3-21-24.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1)
(a) Confirmation of Transactions: Every dealer registered in this state shall give or send to the customer a written confirmation at or before completion of each transaction. Such confirmation shall set forth at least the following:
1. A description of the security purchased or sold, the date of the transaction, the price at which the security was purchased or sold and any commission charged;
2. A description of the designation of capacity in which the dealer was acting: as principal for its own account, as agent for the customer, as agent for some other person, or as agent for both the customer and some other person;
3. If the dealer acted as agent for the customer, the name of the contraparty and whether like commissions were charged.
(b) Compliance with SEC Rule 10b-10 (17 C.F.R. § 240.10b-10), which is incorporated by reference in Rule 69W-200.002, F.A.C., and the confirmation, preparation and disclosure requirements of SEC Rule 17a-3 (17 C.F.R. § 240.17a-3) or MSRB Rules G-8 and G-15, which are incorporated by reference in Rule 69W-200.002, F.A.C., shall be deemed compliance with this rule.
(2) A dealer shall not enter into any contract with a customer if the contract contains any condition, stipulation or provision binding the customer to waive any rights under Chapter 517, F.S., or any rule or order thereunder. Any such condition, stipulation or provision is void.
(3) Each dealer and investment adviser shall provide each customer with a confirmed copy of all contracts or agreements between such dealer or investment adviser and such customer within a timely manner.
(4) It shall be a violation of Section 517.301(1), F.S., for any dealer or associated person to engage in any "device, scheme, or artifice to defraud" which shall include selling or effecting the purchase of any security into, in, or from offices in this state in violation of:
(a) Sections 9, 10, 11A, 15(c) or 15(g) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78i, 78j, 78k-1, 78o(c) or 78o(g)), which are incorporated by reference in Rule 69W-200.002, F.A.C.;
(b) SEC Rule 9b-1 (17 C.F.R. § 240.9b-1), which is incorporated by reference in Rule 69W-200.002, F.A.C.;
(c) SEC Rules 10b-1, 10b-3, 10b-5, 10b5-1, 10b5-2, 10b-9, 10b-10, 10b-16, 10b-17, 10b-18 and 10b-21 (17 C.F.R. §§240.10b-1, 240.10b-3, 240.10b-5, 240.10b5-1, 240.10b5-2, 240.10b-9, 240.10b-10, 240.10b-16, 240.10b-17, 240.10b-18 and 240.10b-21), which are incorporated by reference in Rule 69W-200.002, F.A.C.;
(d) SEC Rules 15c1-1 through 15c1-3 and 15c1-5 through 15c1-9 ( 17 C.F.R. §§240.15c1-1 through 240.15c1-3 and 240.15c1-5 through 240.15c1-9), which are incorporated by reference in Rule 69W-200.002, F.A.C.;
(e) SEC Rules 15c2-1, 15c2-4, 15c2-5, 15c2-7, 15c2-8, 15c2-11 and 15c2-12 ( 17 C.F.R. §§240.15c2-1, 240.15c2-4, 240.15c2-5, 240.15c2-7, 240.15c2-8, 240.15c2-11 and 240.15c2-12), which are incorporated by reference in Rule 69W-200.002, F.A.C.;
(f) SEC Rules 15g-1 through 15g-6, 15g-8 and 15g-9 (17 C.F.R. §§240.15g-1 through 240.15g-6, 240.15g-8 and 240.15g-9), which are incorporated by reference in Rule 69W-200.002, F.A.C.;
(g) Regulation M (17 C.F.R. 242.100 through 242.105), which is incorporated by reference in Rule 69W-200.002, F.A.C.; or
(h) SEC Rule 601 (17 C.F.R. § 242.601), which is incorporated by reference in Rule 69W-200.002, F.A.C.
Notes
Rulemaking Authority 517.03(1) FS. Law Implemented 517.121, 517.301(1) FS.
New 12-5-79, Amended 9-20-82, Formerly 3E-600.12, Amended 12-25-89, 10-14-90, 8-1-91, 6-16-92, 1-11-93, 4-11-94, 1-3-99, 8-19-99, 10-30-03, Formerly 3E-600.012, Amended 11-22-10, 9-22-14, 11-15-16, 3-21-24.