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COMMODITY FUTURES ACT and MULTILATERAL INSTRUMENT 31-102 NATIONAL
REGISTRATION DATABASE (MSC RULE 2002-5) and MULTILATERAL INSTRUMENT
33-109 REGISTRATION INFORMATION (MSC Rule 2002-6) |
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Order
No. 4208 |
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Section 6.1 of MI 31-102
Section 7.1 of MI 33-109 |
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July 7, 2003 |
Certain Exemptions under
Multilateral Instrument 31-102 National Registration Database ("MI
31-102")
and Multilateral Instrument 33-109 Registration Information ("MI
33-109")
WHEREAS:
(A) WHEREAS the National Registration Database
("NRD") was
launched on March 31, 2003;
(B) AND WHEREAS MI 31-102 and MI 33-109 contain
a number of provisions that establish timelines for the correction
and provision of information
about registered firms, registered individuals and non-registered individuals
(the "transition requirements");
(C) AND WHEREAS data downloaded onto NRD from
the Commissions
prior registration information system is less consistent with current
information about registered firms, registered individuals and non-registered
individuals than expected;
(D) AND WHEREAS on April 30, 2003 the Commission
issued an order ("Blanket
Order Number 4107") providing for an extension of the time period
during which the transition requirements must be fulfilled to ensure
that registered firms, registered individuals and non-registered individuals
have sufficient time to fulfil the transition requirements;
(E) AND WHEREAS the Director has determined
that it is in the public interest to provide a further extension of
the time period during which
the transition requirements must be fulfilled and to provide for an exemption
for registered firms and registered individuals from filing certain forms
under MI 31-102 and MI 33-109 if certain changes to an individuals
personal information do not affect the individuals suitability
for registration or status as a non-registered individual;
IT IS ORDERED:
1. THAT Blanket Order 4107 is revoked;
and
2. THAT pursuant to section 6.1 of MI
31-102 and section 7.1 of MI 33-109 that:
(a) a transition firm, as defined in section 7.1 of MI 31-102, is
exempt from the requirement under section 7.4 of MI 31-102 to submit
a completed Form 33-109F3 in the time required under section 7.4 provided
that the completed Form 33-109F3 is submitted by November 15, 2003;
(b) a transition firm, as defined in section 7.1 of MI 31-102, is
exempt from the requirement under section 7.6 of MI 31-102 to submit
a completed Form 33-109F4 in the time required under section 7.6 provided
that the completed Form 33-109F4 is submitted by November 15, 2003;
(c) a registered individual is exempt from the requirement under section
7.9(1)(a) of MI 31-102 to submit a completed Form 33-109F4 in the time
required under section 7.9(1)(a) provided that the completed Form 33-109F4
is submitted by November 15, 2003;
(d) if a completed Form 33-109F5 is submitted by a registered individual
under section 8.5 of MI 33-109 to notify the regulator about changes
to the information found in a previously filed Form 4, the individual
is exempt from the requirement to submit a completed Form 33-109F4
under section 7.7 of MI 31-102 and section 8.5 of MI 33-109 provided
that the change does not relate to information to be reported under
items 1 Name, 14 Criminal Disclosure, 15 Civil Disclosure,
and 16 Financial Disclosure of Form 33-109F4;
(e) if a completed Form 33-109F5 is submitted
on behalf of a non-registered individual under section 8.7 of MI
33-109 to notify the regulator about
changes to the information found in a previously filed Form 4, the
non-registered individuals firm is exempt from the requirement
to submit a completed Form 33-109F4 under section 7.8 of MI 31-102
and section 8.7 of MI 33-109 provided that the change does not relate
to information to be reported under items 1 Name, 14 Criminal
Disclosure, 15 Civil Disclosure, and 16 Financial Disclosure of
Form 33-109F4;
(f) if a registered individuals location
of employment changes, the individual is exempt from the requirement
to submit a completed
Form 33-109F5 under section 8.5 of MI 33-109 and from the requirement
to submit a completed Form 33-109F4 under section 7.7 of MI 31-102
and section 8.5 of MI 33-109 provided that the individual makes a change
of location of employment submission in NRD within five business days
of the change;
(g) if a non-registered individuals location of employment changes,
the individuals firm is exempt from the requirement to submit
a completed Form 33-109F5 under section 8.7 of MI 33-109 and from the
requirement to submit a completed Form 33-109F4 under section 7.8 of
MI 31-102 and section 8.7 of MI 33-109 provided that the individuals
firm makes a change of location of employment submission in NRD within
five business days of the change;
(h) a registered firm is exempt from the requirement under sections
8.2(a) and 8.4 of MI 33-109 to submit a completed Form 33-109F4 in
the time required under sections 8.2(a) and 8.4 provided that the completed
Form 33-109F4 is submitted by November 15, 2003;
(i) a registered firm is exempt from the requirement under section
8.2(c) of MI 33-109 to submit a completed Form 33-109F3 in the time
required under section 8.2(c) provided that the completed Form 33-109F3
is submitted by November 15, 2003; and
(j) a registered firm is exempt from the requirement under section
8.3 of MI 33-109 to submit a completed Form 33-109F3 in the time required
under section 8.3 provided that the completed Form 33-109F3 is submitted
by November 15, 2003.
Director - Registrations
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