Iowa Admin. Code r. 189-17.8 - Broker-dealers
(1) A credit union may purchase and sell
investments through a broker-dealer as long as the broker-dealer is registered as
a broker-dealer with the Securities and Exchange Commission under the Securities
Exchange Act of 1934 ( 15 U.S.C. 78 a, et seq.) or is a depository
institution whose broker-dealer activities are regulated by a federal or state
regulatory agency.
(2) Before
purchasing an investment through a broker-dealer, a credit union must analyze and
annually update the following:
a. The background
of any sales representative with whom the credit union is doing
business;
b. Information available
from state or federal securities regulators and securities industry
self-regulatory organizations, such as the National Association of Securities
Dealers and the North American Securities Administrators Association, about any
enforcement actions against the broker-dealer, its affiliates, or associated
personnel ; and
c. If the
broker-dealer is acting as the credit union's counterparty , the ability of the
broker-dealer and its subsidiaries or affiliates to fulfill commitments, as
evidenced by capital strength, liquidity, and operating results. The credit union
should consider current financial data, annual reports, external assessments of
creditworthiness, relevant disclosure documents, and other sources of financial
information.
(3) The
requirements of 17.8(1) do not apply when the credit union purchases a
certificate of deposit or share certificate directly from a bank, credit union,
or other depository institution.
Notes
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