Rule · SEC · 23 Jul 1999 · 99-55522
The Code of Federal Regulations is corrected by adding paragraphs (g)(2) and (3) to Section 240.17a-5 regarding reports made by certain brokers and dealers. Paragraph (g)(2) requires independent public accountants for exempt brokers or dealers to verify compliance with exemption conditions and confirm no non-compliance occurred since the last examination. Paragraph (g)(3) defines material inadequacies in accounting systems, internal controls, or safeguarding procedures that could inhibit transactions, cause financial loss, result in misstatements, or violate recordkeeping rules.
SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 240
General Rules and Regulations, Securities Exchange Act of 1934
CFR Correction
In Title 17 of the Code of Federal Regulations, parts 240 to end, revised as of April 1, 1999, page 384, Sec. 240.17a-5 is corrected by adding paragraphs (g)(2) and (3) after paragraph (g)(1)(iv) to read as follows:
Sec. 240.17a-5 Reports to be made by certain brokers and dealers.
(g) * * *
(2) If the broker or dealer is exempt from Sec. 240.15c3-3, the independent public accountant shall ascertain that the conditions of the exemption were being complied with as of the examination date and that no facts came to his attention to indicate that the exemption had not been complied with during the period since his last examination.
(3) A material inadequacy in the accounting system, internal accounting controls, procedures for safeguarding securities, and practices and procedures referred to in paragraph (g)(1) of this section which is expected to be reported under these audit objectives includes any condition which has contributed substantially to or, if appropriate corrective action is not taken, could reasonably be expected to (i) inhibit a broker or dealer from promptly completing securities transactions or promptly discharging his responsibilities to customers, other broker-dealers or creditors; (ii) result in material financial loss; (iii) result in material misstatements of the broker's or dealer's financial statements; or (iv) result in violations of the Commission's recordkeeping or financial responsibility rules to an extent that could reasonably be expected to result in the conditions described in paragraphs (g)(3) (i), (ii), or (iii) of this section. * * * * *
[FR Doc. 99-55522 Filed 7-22-99; 8:45 am]
BILLING CODE 1505-01-D
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