| Form TA-1 Filer Information | UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM TA-1/A | OMB APPROVAL |
| OMB Number: 3235-0084 Estimated average burden hours per response: 1.5 |
TA-1/A : Filer Information
Form Version
X0405 |
| 1(a). Filer CIK: | 0001419454 |
| 1(b). Filer CCC: |
********
|
| 1(c). Is this a LIVE or TEST submission? | 
Live
Test
|
| 1(d). Would you like a Return Copy? | 
Yes
|
Submission Contact Information
The registrant may provide a single e-mail address for contact purposes.| 1(f)(i). Contact Name: | |
| 1(f)(ii). Contact Phone Number: | |
| 1(f)(iii). Contact E-Mail Address: |
Notification Information
The registrant may provide additional e-mail addresses for those persons the filer would like to receive notification e-mails regarding the filing.| 1(g). Notification E-mail Address: |
TA-1/A : Registrant Information
| 2. Appropriate regulatory agency (check one): |
Securities and Exchange Commission
Federal Deposit Insurance Corporation
Comptroller of the Currency
|
| 3(a). Full Name of Registrant: | Fidelity Business Services India Private Ltd |
| 3(a)(i). Previous name, if being amended: | Fidelity Business Services India Private LTD |
| 3(b). Financial Industry Number (FINS) number: | 334318 |
3(c). Address of principal office where transfer agent activities are, or will be, performed:
| 3(c)(i). Address 1 | Embassy Golf Links Business Park |
| 3(c)(ii). Address 2 | Off Intermediate Ring Road |
| 3(c)(iii). City | Bangalore |
| 3(c)(iv). State or Country |
INDIA
|
| 3(c)(v). Postal Code | 560 071 |
| 3(d). Is Mailing address different from response to Question 3c? If "yes" provide address(es): |
Yes
No
|
| 3(d)(i). Address 1 | 245 Summer Street |
| 3(d)(ii). Address 2 | Mail Zone OSGN Attn: TA Compliance |
| 3(d)(iii). City | Boston |
| 3(d)(iv). State or Country |
MASSACHUSETTS
|
| 3(d)(v). Postal Code | 02210 |
| 3(e). Telephone Number (Include Area Code) | 401-292-6071 |
| 4. Does Registrant conduct, or will it conduct, transfer agent activities at any location other than that given in Questions 3(c) above? If "Yes" provide address (es): |
Yes
No
|
| Other Business Location Record: 1 | |
| 4(a)(i). Address 1 | Manyata Embassy Bus. Park: Outer Ring Rd |
| 4(a)(ii). Address 2 | Hebbal - Krishnarajpuram Section |
| 4(a)(iii). City | Bangalore |
| 4(a)(iv). State or Country |
INDIA
|
| 4(a)(v). Postal Code | 560 045 |
| Other Business Location Record: 2 | |
| 4(a)(i). Address 1 | 8th & 9th Flr Neville, TRIL Infopark Ltd |
| 4(a)(ii). Address 2 | Rajiv Gandhi Salai (OMR), Taramani |
| 4(a)(iii). City | Chennai |
| 4(a)(iv). State or Country |
INDIA
|
| 4(a)(v). Postal Code | 600113 |
| 5. Does registrant act, or will it act, as a transfer agent solely for its own securities, and/or securities of an affiliate(s)? |
Yes
No
|
| 6. Has registrant, as a named transfer agent, engaged, or will it engage, a service company to perform any transfer agent functions? |
Yes
No
|
| 7. Has registrant been engaged, or will it be engaged as a service company by a named transfer agent to perform transfer agent functions? |
Yes
No
|
| 7(a). Name | Fidelity Investments Institutional Operations Company LLC |
| 7(b). File Number | |
| 7(c)(i). Address 1 | 245 Summer Street |
| 7(c)(ii). Address 2 | |
| 7(c)(iii). City | Boston |
| 7(c)(iv). State or Country |
MASSACHUSETTS
|
| 7(c)(v). Postal Code | 02210 |
TA-1/A : Independent, Non-Issuer Registrant Information
Completion of Question 8 on this form is required by all independent, non-issuer registrants whose appropriate regulatory authority is the Securities and Exchange Commission. Those registrants who are not required to complete Question 8 should select "Not Applicable".
| 8. Is registrant a: | Corporation |
Section for Initial Registration and for Amendments Reporting Additional Persons.
corporation or partner information Related to item 8 Record: 1| 8(a)(i). Full Name | FID Holdings (Mauritius) Limited |
| 8(a)(ii). Relationship Start Date | 10/08/2004 |
| 8(a)(iii). Title or Status | Shareholder |
| 8(a)(iv). Ownership Code | E |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 03/31/2012 |
| 8(a)(i). Full Name | Fidelity India Shared Services Partnership |
| 8(a)(ii). Relationship Start Date | 10/26/2004 |
| 8(a)(iii). Title or Status | Shareholder |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person | 
Yes
|
| 8(a)(vi). Relationship End Date | 03/31/2012 |
| 8(a)(i). Full Name | Fidelity International Services Limited |
| 8(a)(ii). Relationship Start Date | 03/29/2007 |
| 8(a)(iii). Title or Status | Shareholder |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 03/24/2009 |
| 8(a)(i). Full Name | Surinder Singh |
| 8(a)(ii). Relationship Start Date | 12/01/2005 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 08/31/2008 |
| 8(a)(i). Full Name | Caron McDonald |
| 8(a)(ii). Relationship Start Date | 09/07/2006 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 12/15/2008 |
| 8(a)(i). Full Name | Yash Pal Syngal |
| 8(a)(ii). Relationship Start Date | 08/14/2006 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 08/19/2008 |
| 8(a)(i). Full Name | Richard Siegelman |
| 8(a)(ii). Relationship Start Date | 02/04/2008 |
| 8(a)(iii). Title or Status | Transfer Agent CCO |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 07/31/2010 |
| 8(a)(i). Full Name | Gurpal Singh |
| 8(a)(ii). Relationship Start Date | 09/09/2008 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 12/19/2008 |
| 8(a)(i). Full Name | Mahesh Muzumdar |
| 8(a)(ii). Relationship Start Date | 12/01/2008 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 07/31/2010 |
| 8(a)(i). Full Name | Arijit Mukherji |
| 8(a)(ii). Relationship Start Date | 12/01/2008 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 04/16/2010 |
| 8(a)(i). Full Name | Kevin Smith |
| 8(a)(ii). Relationship Start Date | 12/16/2008 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 04/08/2009 |
| 8(a)(i). Full Name | Sunil Kunte |
| 8(a)(ii). Relationship Start Date | 05/20/2009 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 12/31/2018 |
| 8(a)(i). Full Name | Saikat Bhattacharya |
| 8(a)(ii). Relationship Start Date | 07/20/2010 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 04/30/2013 |
| 8(a)(i). Full Name | Anmarie Ciccolo |
| 8(a)(ii). Relationship Start Date | 08/01/2010 |
| 8(a)(iii). Title or Status | Transfer Agent CCO |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 07/01/2017 |
| 8(a)(i). Full Name | John D. Walsh |
| 8(a)(ii). Relationship Start Date | 08/02/2010 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 09/30/2013 |
| 8(a)(i). Full Name | Steven Lee Kuhlman |
| 8(a)(ii). Relationship Start Date | 08/12/2010 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 07/02/2012 |
| 8(a)(i). Full Name | FMR Holdings Mauritius Limited |
| 8(a)(ii). Relationship Start Date | 03/31/2012 |
| 8(a)(iii). Title or Status | Shareholder |
| 8(a)(iv). Ownership Code | E |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 10/09/2013 |
| 8(a)(i). Full Name | Water Street Holdings BV |
| 8(a)(ii). Relationship Start Date | 03/31/2012 |
| 8(a)(iii). Title or Status | Shareholder |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 10/09/2013 |
| 8(a)(i). Full Name | James Blair Burlingame |
| 8(a)(ii). Relationship Start Date | 07/02/2012 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 06/01/2014 |
| 8(a)(i). Full Name | Robert W. Hess |
| 8(a)(ii). Relationship Start Date | 08/29/2013 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 12/17/2015 |
| 8(a)(i). Full Name | Water Street Holdings BV-Netherlands |
| 8(a)(ii). Relationship Start Date | 10/09/2013 |
| 8(a)(iii). Title or Status | Shareholder |
| 8(a)(iv). Ownership Code | E |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 02/05/2014 |
| 8(a)(i). Full Name | Fidelity Investment Systems India Inc - USA |
| 8(a)(ii). Relationship Start Date | 10/09/2013 |
| 8(a)(iii). Title or Status | Shareholder |
| 8(a)(iv). Ownership Code | E |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 03/27/2018 |
| 8(a)(i). Full Name | Fidelity China LLC |
| 8(a)(ii). Relationship Start Date | 02/05/2014 |
| 8(a)(iii). Title or Status | Shareholder |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 02/09/2024 |
| 8(a)(i). Full Name | James Andrew Amrein |
| 8(a)(ii). Relationship Start Date | 11/10/2014 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 10/25/2019 |
| 8(a)(i). Full Name | Ramaswamy Balasubramanya |
| 8(a)(ii). Relationship Start Date | 12/17/2015 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 12/17/2019 |
| 8(a)(i). Full Name | Fidelity Investments Systems India LLC |
| 8(a)(ii). Relationship Start Date | 03/27/2018 |
| 8(a)(iii). Title or Status | Shareholder |
| 8(a)(iv). Ownership Code | E |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 03/27/2023 |
| 8(a)(i). Full Name | Arshad Shikandar Sayyad |
| 8(a)(ii). Relationship Start Date | 11/27/2018 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 07/24/2021 |
| 8(a)(i). Full Name | K S Pashupathi |
| 8(a)(ii). Relationship Start Date | 10/25/2019 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date |
| 8(a)(i). Full Name | Panna Chugh |
| 8(a)(ii). Relationship Start Date | 07/23/2021 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 03/11/2022 |
| 8(a)(i). Full Name | Balasubramanian Parasuram |
| 8(a)(ii). Relationship Start Date | 07/23/2021 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 11/10/2021 |
| 8(a)(i). Full Name | Mihir Sudhir Shah |
| 8(a)(ii). Relationship Start Date | 09/08/2021 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 03/31/2024 |
| 8(a)(i). Full Name | Vijai Kishan Radhakrishnan |
| 8(a)(ii). Relationship Start Date | 04/22/2022 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date |
| 8(a)(i). Full Name | Seema Nedumkunnel |
| 8(a)(ii). Relationship Start Date | 04/22/2022 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date |
| 8(a)(i). Full Name | Srinivas Sriperumbuduri |
| 8(a)(ii). Relationship Start Date | 04/22/2022 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date |
| 8(a)(i). Full Name | Rangarajan B Satagopan |
| 8(a)(ii). Relationship Start Date | 06/28/2022 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date | 04/30/2024 |
| 8(a)(i). Full Name | Writosloke Deb |
| 8(a)(ii). Relationship Start Date | 06/06/2022 |
| 8(a)(iii). Title or Status | Director |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date |
| 8(a)(i). Full Name | Fidelity Investments Systems India Inc |
| 8(a)(ii). Relationship Start Date | 03/27/2023 |
| 8(a)(iii). Title or Status | Shareholder |
| 8(a)(iv). Ownership Code | E |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date |
| 8(a)(i). Full Name | Fidelity India Holdings LLC |
| 8(a)(ii). Relationship Start Date | 02/09/2024 |
| 8(a)(iii). Title or Status | Shareholder |
| 8(a)(iv). Ownership Code | NA |
| 8(a)(v). Control Person |
Yes
|
| 8(a)(vi). Relationship End Date |
9. Does any person or entity not named in the answer to Question 8:
| 9(a). directly or indirectly, through agreement or otherwise exercise or have the power to exercise control over the management or policies of applicant, or;…. |
Yes
No
|
| 9(a)(i). Exact name of each person or entity: | FMR LLC |
| 9(a)(ii). Description of the Agreement or other basis: | Through certain of its direct or indirect subsidiaries, FMR LLC is the ultimate parent company of Fidelity Business Services India Private Limited |
| 9(b). wholly or partially finance the business of the applicant, directly or indirectly, in any manner other than by a public offering of securities made pursuant to the Securities Act of 1933 or by credit extended in the ordinary course of business by suppliers, banks and others?….. |
Yes
No
|
| 9(b)(i). Exact name of each person or entity: | FMR LLC |
| 9(b)(ii). Description of the Agreement or other basis: | Directly and indirectly, through certain of its affiliated companies, FMR LLC wholly or partially may finance Fidelity Business Services India Private Limited |
TA-1/A : 10. Applicant and Control Affiliate Disciplinary History
The following definitions apply for purposes of answering this Question 10
| Control Affiliate | - An individual or firm that directly or indirectly controls, is under common control with, or is controlled by applicant. Included are any employees identified in 8(a), 8(b), 8(c) of this form as exercising control. Excluded are any employees who perform solely clerical, administrative support of similar functions, or who, regardless of title, perform no executive duties or have no senior policy making authority. |
| Investment or investment related | - Pertaining to securities, commodities, banking, insurance, or real estate (including, but not limited to, acting as or being associated with a broker dealer, investment company, investment adviser, futures sponsor, bank, or savings and loan association). |
| Involved | - Doing an act of aiding, abetting, counseling, commanding, inducing, conspiring with or failing reasonably to supervise another in doing an act. |
10(a). In the past ten years has the applicant or a control affiliate been convicted of or plead guilty or nolo contendere ("no contest") to:
| 10(a)(1). a felony or misdemeanor involving: investments or an investment-related business, fraud, false statements or omissions, wrongful taking of property, or bribery, forgery, counterfeiting, or extortion? |
Yes
No
|
| 10(a)(2). any other felony? |
Yes
No
|
| 10(b). Has any court in the past ten years: | |
| 10(b)(1). enjoined the applicant or a control affiliate in connection with any investment-related activity? |
Yes
No
|
Entity information Related to item 10(b)(1) Record: 1
| 10(b)(1)(i). The individuals named in the Action | National Financial Services LLC |
| 10(b)(1)(ii). Title of Action | Official Committee of Equity Security Holders v. Bank of America Securities, Inc. et al., Adversary Proceeding No. 23-03106 |
| 10(b)(1)(iii). Date of Action | 06/12/2023 |
| 10(b)(1)(iv). The Court or body taking the Action and its location | U.S. Bankruptcy Court for the Southern District of Texas |
| 10(b)(1)(v). Description of the Action | On June 12, 2023, Official Committee of Equity Security Holders for the Sorrento Therapeutics, Inc. ("Sorrento") bankruptcy estate filed an adversary proceeding against National Financial Services LLC ("NFS") alleging that NFS and certain other defendants violated the automatic stay imposed in connection with the bankruptcy proceeding and Regulation SHO for allegedly facilitating naked short-selling of Scilex Holding Company stock, a wholly-owned subsidiary of Sorrento. On June 14, 2023, the U.S. Bankruptcy Court for the Southern District of Texas entered a temporary restraining order against NFS and the other defendants that prohibited them from engaging in short sales of "Dividended Scilex Stock" and requiring an accounting of "profits received from the naked-short [sic] selling of Dividended Scilex Stock and Scilex Common Stock..." |
| 10(b)(1)(vi). The disposition of the proceeding | This matter was dismissed on July 28, 2023. |
| 10(b)(2). found that the applicant or control affiliate was involved in a violation of investment-related statutes or regulations? |
Yes
No
|
| 10 (c). Has the U.S. Securities and Exchange Commission or the Commodity Futures Trading Commission ever: | |
| 10(c)(1). found the applicant or control affiliate to have made a false statement or omission? |
Yes
No
|
Entity information Related to item 10(c)(1) Record: 1
| 10(c)(1)(i). The individuals named in the Action | Fidelity Management and Research Company (FMR Co.) and FMR Co., Inc |
| 10(c)(1)(ii). Title of Action | In the Matter of FMR Co. and FMR Co., Inc. |
| 10(c)(1)(iii). Date of Action | 03/05/2008 |
| 10(c)(1)(iv). The Court or body taking the Action and its location | Securities and Exchange Commission |
| 10(c)(1)(v). Description of the Action | On March 5, 2008, the SEC entered a settlement order which contained the following findings, which FMR Co. and FMR Co., Inc. neither admitted nor denied: (1) Fidelity failed to reasonably supervise its employees' receipt of travel, entertainment and gifts from brokers; (2) Fidelity failed to seek best execution for its clients securities transactions; (3) Fidelity failed to disclose the material conflict of interest arising from the receipt by certain employees of travel, entertainment and gifts from brokers (4) Fidelity made materially false and misleading statements and omissions about its selection of brokers; and (5) Fidelity failed to keep certain communications with brokers concerning the placing or execution of orders to purchase or sell securities. |
| 10(c)(1)(vi). The disposition of the proceeding | Agreed to (1) cease and desist from certain conduct; (2) a censure; (3) payment of an $8,000,000 fine to the United States Treasury; and (4) compliance with various undertakings relating to the engagement of an independent compliance consultant. |
| 10(c)(2). found the applicant or control affiliate to have been involved in a violation of its regulation or statutes? |
Yes
No
|
Entity information Related to item 10(c)(2) Record: 1
| 10(c)(2)(i). The individuals named in the Action | National Financial Services Corporation |
| 10(c)(2)(ii). Title of Action | In the Matter of National Financial Services Corporation |
| 10(c)(2)(iii). Date of Action | 01/10/1997 |
| 10(c)(2)(iv). The Court or body taking the Action and its location | U.S. Securities and Exchange Commission |
| 10(c)(2)(v). Description of the Action | U.S. Securities and Exchange Commission, Administrative Proceeding #3-9217. On January 10, 1997, an affiliate of the registrant, National Financial Services Corporation (NFSC) consented to the issuance of an Order by the Securities and Exchange Commission without admitting or denying the Commissions findings. The Order related to the extension of credit, in 1993, on a particular security that was not, at the time, a margin security under Regulation T. Under the terms of the Order, NFSC consented to a censure and the payment of a civil penalty of $50,000.00. |
| 10(c)(2)(vi). The disposition of the proceeding | Consent Agreement |
Entity information Related to item 10(c)(2) Record: 2
| 10(c)(2)(i). The individuals named in the Action | Fiserve Securities, Inc. |
| 10(c)(2)(ii). Title of Action | In the Matter of Fiserve Securities, Inc. |
| 10(c)(2)(iii). Date of Action | 04/21/2005 |
| 10(c)(2)(iv). The Court or body taking the Action and its location | Securities and Exchange Commission |
| 10(c)(2)(v). Description of the Action | On April 21, 2005, Fiserve Securities, Inc. (FSI), without admitting or denying the findings, consented to the entry of a Securities and Exchange Commission (SEC) order finding that it failed reasonably to supervise two employees in its New York City office and a senior vice president in its Philadelphia office. The SEC found that the two employees engaged in a market timing scheme on behalf of two FSI hedge fund customers. The SEC also found that the senior vice president engaged in a late trading and market timing scheme in his own account. |
| 10(c)(2)(vi). The disposition of the proceeding | FSI agreed to a censure, to pay $5 million in disgorgement and prejudgement interest, and to pay a $10 million fine. |
Entity information Related to item 10(c)(2) Record: 3
| 10(c)(2)(i). The individuals named in the Action | Fidelity Brokerage Services LLC |
| 10(c)(2)(ii). Title of Action | In the Matter of Fidelity Brokerage Services LLC |
| 10(c)(2)(iii). Date of Action | 07/31/2004 |
| 10(c)(2)(iv). The Court or body taking the Action and its location | Securities and Exchange Commission |
| 10(c)(2)(v). Description of the Action | On July 7, 2004, the Firm (Fidelity Brokerage Services LLC) made an offer of settlement to the SEC and the Commission accepted the offer on July 31, 2004. The Firm consented to the entry of an order finding that it had violated Section 17(A) of the Exchange Act and 17A-4(B)(4), there under, and had failed reasonably to supervise its employees. |
| 10(c)(2)(vi). The disposition of the proceeding | The Firm agreed to a censure under Section 15(B)(4)(E), a cease and desist under Section 21C from violating Section 17(A) of the Exchange Act and 17A-4, there under, and a fine of $1,000.000. |
Entity information Related to item 10(c)(2) Record: 4
| 10(c)(2)(i). The individuals named in the Action | National Financial Services Corporation |
| 10(c)(2)(ii). Title of Action | In the Matter of National Financial Services Corporation |
| 10(c)(2)(iii). Date of Action | 06/17/1991 |
| 10(c)(2)(iv). The Court or body taking the Action and its location | NYSE |
| 10(c)(2)(v). Description of the Action | National Financial Services Corporation, a member organization, violated SEC Regulation 240.15C3-3(B) and (D) in that it did not promptly obtain and thereafter maintain the physical possession or control of all fully paid securities and excess margin securities carried by it for the accounts of customer; SEC Regulation 240.15C3-3(E)(1) in that it failed on one or more occasions to maintain its reserve bank account at the level required by such regulation; SEC Regulation 240.15C3-3(E)(3) in that it inaccurately computed the amount required to be on deposit in its reserve bank account; SEC Regulation 240.17A-3(5) and Exchange Rule 440 in that it failed to make and keep current its books and records, and SEC Regulation 240.15C3-3(E)(1) in that it failed to ensure proper segregation of securities purchased for and intended to be deposited in its reserve bank account. |
| 10(c)(2)(vi). The disposition of the proceeding | Consent to censure and fine of $25,000. |
Entity information Related to item 10(c)(2) Record: 5
| 10(c)(2)(i). The individuals named in the Action | Fidelity Management and Research Company (FMR Co.) and FMR Co., Inc |
| 10(c)(2)(ii). Title of Action | In the Matter of FMR Co. and FMR Co., Inc |
| 10(c)(2)(iii). Date of Action | 03/05/2008 |
| 10(c)(2)(iv). The Court or body taking the Action and its location | Securities and Exchange Commission |
| 10(c)(2)(v). Description of the Action | On March 5, 2008, the SEC entered a settlement order which contained the following findings, which FMR Co. and FMR Co., Inc. neither admitted nor denied: (1) Fidelity failed to reasonably supervise its employees receipt of travel, entertainment and gifts from brokers(2) Fidelity failed to seek best execution for its clients securities transactions; (3) Fidelity failed to disclose the material conflict of interest arising from the receipt by certain employees of travel, entertainment and gifts from brokers; (4) Fidelity made materially false and misleading statements and omissions about its selection of brokers; and (5) Fidelity failed to keep certain communications with brokers concerning the placing or execution of orders to purchase or sell securities. |
| 10(c)(2)(vi). The disposition of the proceeding | Agreed to (1) cease and desist from certain conduct; (2) a censure; (3) payment of an $8,000,000 fine to the United States Treasury; and (4) compliance with various undertakings relating to the engagement of an independent compliance consultant. |
| 10(c)(3). found the applicant or control affiliate to have been a cause of an investment-related business having its authorization to do business denied, suspended, revoked or restricted? |
Yes
No
|
| 10(c)(4). entered an order denying, suspending or revoking the applicant’s or control affiliate’s registration or otherwise disciplined it by restricting its activities? |
Yes
No
|
| 10(d). Has any other Federal regulatory agency or any state regulatory agency : | |
| 10(d)(1). ever found the applicant or control affiliate to have made a false statement or omission or to have been dishonest, unfair, or unethical? |
Yes
No
|
| 10(d)(2). ever found the applicant or control affiliate to have been involved in a violation of investment-related regulations or statutes? |
Yes
No
|
Entity information Related to item 10(d)(2) Record: 1
| 10(d)(2)(i). The individuals named in the Action | Fidelity Brokerage Services, Inc. |
| 10(d)(2)(ii). Title of Action | In the Matter of Fidelity Brokerage Services, Inc. |
| 10(d)(2)(iii). Date of Action | 01/01/1990 |
| 10(d)(2)(iv). The Court or body taking the Action and its location | State of Vermont |
| 10(d)(2)(v). Description of the Action | In January, 1990, Applicants affiliate, Fidelity Brokerage Services, Inc., 161 Devonshire Street, Boston, MA 02110, entered into a Consent Order with the state of Vermont concerning agent registration deficiencies and paid $5,000.00 for costs of investigation. |
| 10(d)(2)(vi). The disposition of the proceeding | Consent Order |
Entity information Related to item 10(d)(2) Record: 2
| 10(d)(2)(i). The individuals named in the Action | Fidelity Distributors, Corporation |
| 10(d)(2)(ii). Title of Action | In the Matter of Fidelity Distributors, Corporation |
| 10(d)(2)(iii). Date of Action | 02/25/1994 |
| 10(d)(2)(iv). The Court or body taking the Action and its location | Arizona Corporation Commission |
| 10(d)(2)(v). Description of the Action | On February 25, 1994, Applicants affiliate, Fidelity Distributors, Corporation, 82 Devonshire Street, Boston, MA 02109, entered into a Consent Order with the Arizona Corporation Commission arising out of sales of unregistered shares of certain Fidelity funds to sixteen Arizona investors in violation of A.R.S. section 44-1841. Under the terms of the Order, Fidelity Distributors, Corporation consented to cease and desist from further violations of A.R.S. sections 44-1841, to pay an administrative penalty of $25,000.00 and to offer rescission to those Arizona residents who had purchased unregistered shares. |
| 10(d)(2)(vi). The disposition of the proceeding | Consent Order |
Entity information Related to item 10(d)(2) Record: 3
| 10(d)(2)(i). The individuals named in the Action | FMR Corp. |
| 10(d)(2)(ii). Title of Action | In the Matter of FMR Corp. |
| 10(d)(2)(iii). Date of Action | 05/02/1994 |
| 10(d)(2)(iv). The Court or body taking the Action and its location | Securities Division of the Commonwealth of Massachusetts |
| 10(d)(2)(v). Description of the Action | On May 2, 1994, Applicants affiliate, FMR Corp., 82 Devonshire Street, Boston, MA 02109 entered into a Consent Order with the Securities Division of the Commonwealth of Massachusetts. The Consent Order related to the failure by FMR Corp., on behalf of certain Fidelity Funds, to satisfy in a timely manner the annual reporting requirement set forth in the Divisions regulations under Massachusetts securities laws. Under the terms of the Consent Order, FMR Corp. was assessed an administrative penalty of $10,000.00. |
| 10(d)(2)(vi). The disposition of the proceeding | Consent Order |
Entity information Related to item 10(d)(2) Record: 4
| 10(d)(2)(i). The individuals named in the Action | Fidelity Management & Research Company |
| 10(d)(2)(ii). Title of Action | In the Matter of Fidelity Management & Research Company |
| 10(d)(2)(iii). Date of Action | 09/07/2000 |
| 10(d)(2)(iv). The Court or body taking the Action and its location | NY State Insurance Dept. |
| 10(d)(2)(v). Description of the Action | On September 7, 2000, the NY State Insurance Dept. entered into a stipulation agreement with Fidelity Management & Research Company. The stipulation related to the failure by Fidelity Management & Research Company to receive prior approval from the superintendent of insurance before acquiring beneficial ownership of securities representing 5% or more of the outstanding voting securities of a company that owned 100% of a NY domiciled life insurance company. Under the terms of the stipulation the superintendent approved the applicants acquisition of beneficial ownership of the securities and Fidelity Management & Research Company consented to the imposition of a civil penalty totaling $400,000.00. |
| 10(d)(2)(vi). The disposition of the proceeding | Stipulation Agreement |
Entity information Related to item 10(d)(2) Record: 5
| 10(d)(2)(i). The individuals named in the Action | Fidelity Distributors Corporation |
| 10(d)(2)(ii). Title of Action | In the Matter of Fidelity Distributors Corporation |
| 10(d)(2)(iii). Date of Action | 08/02/1990 |
| 10(d)(2)(iv). The Court or body taking the Action and its location | Illinois Securities Department |
| 10(d)(2)(v). Description of the Action | Fidelity Distributors Corporation (FIDELITY) entered into a consent order of prohibition with the Illinois Securities Department (The DEPARTMENT), whereby, fidelity neither admitted nor denied certain findings of fact or conclusions of law made by the Department in that Fidelity failed to: 1) timely establish an account for a customer of one of its funds; 2) properly account for customers funds for over a 90-day period; and 3) issue reasonable communication or notice to customer to minimize customers losses. All, in violation of Sections 8.E(1)(B) of the Illinois Securities Law of 1953, ILL.REV. STAT., as amended, Ch 121 1/2, SEC.137.1.ET.SEQ. (The ACT). The consent order prohibits Fidelity to engage in the offering and selling of any securities in Illinois unless in compliance with the Act and the Rules and Regulations then in effect |
| 10(d)(2)(vi). The disposition of the proceeding | Consent Order |
Entity information Related to item 10(d)(2) Record: 6
| 10(d)(2)(i). The individuals named in the Action | FMR Corp |
| 10(d)(2)(ii). Title of Action | In the Matter of FMR Corp |
| 10(d)(2)(iii). Date of Action | 02/14/1995 |
| 10(d)(2)(iv). The Court or body taking the Action and its location | Securities Division of the Commonwealth of Massachusetts |
| 10(d)(2)(v). Description of the Action | On February 14, 1995, applicants parent, FMR Corp., 82 Devonshire Street, Boston, MA 02109, entered into a consent order with the Securities Division of the Commonwealth of Massachusetts. The Consent order related to failure by FMR Corp., related to the offer of shares of Fidelity European Capital Appreciation Fund to residents of Massachusetts prior to the Funds shares being registered for sale in Massachusetts under the terms of the consent order, FMR Corp. was assessed an administrative penalty of $3,000. |
| 10(d)(2)(vi). The disposition of the proceeding | Consent Order |
Entity information Related to item 10(d)(2) Record: 7
| 10(d)(2)(i). The individuals named in the Action | Fidelity Brokerage Services, UK |
| 10(d)(2)(ii). Title of Action | In the Matter of Fidelity Brokerage Services, UK |
| 10(d)(2)(iii). Date of Action | 05/01/1997 |
| 10(d)(2)(iv). The Court or body taking the Action and its location | Securities and Futures Authority Limited, United Kingdom |
| 10(d)(2)(v). Description of the Action | As the result of the conversion to a new computer system, the control affiliate (Fidelity Brokerage Services, UK) encountered operational difficulties in the recordkeeping and reporting of customer accounts. These difficulties prompted the affiliate to enter into undertakings with the Securities and Futures Authority Limited, United Kingdom (SFA) to not take on new retail business for a period of six months. The SFA concluded that as a result of the operational difficulties, the affiliate violated SIB Principles 2 and 9. |
| 10(d)(2)(vi). The disposition of the proceeding | The affiliate was assessed 200,000 pounds (sterling) in fines and 162,500 pounds (sterling) in investigation costs. |
Entity information Related to item 10(d)(2) Record: 8
| 10(d)(2)(i). The individuals named in the Action | Pyramis Global Advisors Trust Company |
| 10(d)(2)(ii). Title of Action | In the matter of Pyramis Global Advisors Trust Company |
| 10(d)(2)(iii). Date of Action | 08/06/2009 |
| 10(d)(2)(iv). The Court or body taking the Action and its location | Federal Deposit Insurance Corporation |
| 10(d)(2)(v). Description of the Action | The FDIC has reason to believe that the bank violated Section 7 of the ACT, 12 U.S.C & 1817, and part 327 of the FDIC rules and regulations, 12 C.F.R. Part 327, by failing to ensure that authorized withdrawal limits on the bank's designated account as of June 30, 2009 were appropriately set to take into account the bank's increased deposit insurance assessment for the quarter ending March 31, 2009. |
| 10(d)(2)(vi). The disposition of the proceeding | Order was issued on Aug 6, 2009. The FDIC issued a civil money penalty of $1,564.08 against PGATC. PGATC will pay the civil money penalty in the form of an ACH debit to the account specified by PGATC for the next quarterly assessment, due Sept. 30, 2009. |
Entity information Related to item 10(d)(2) Record: 9
| 10(d)(2)(i). The individuals named in the Action | Fidelity Management Trust Company |
| 10(d)(2)(ii). Title of Action | In the matter of Fidelity Management Trust Company |
| 10(d)(2)(iii). Date of Action | 08/06/2009 |
| 10(d)(2)(iv). The Court or body taking the Action and its location | Federal Deposit Insurance Corporation |
| 10(d)(2)(v). Description of the Action | The FDIC has reason to believe that the bank violated Section 7 of the ACT, 12 U.S.C & 1817, and part 327 of the FDIC rules and regulations, 12 C.F.R. Part 327, by failing to ensure that authorized withdrawal limits on the bank's designated account as of June 30, 2009 were appropriately set to take into account the bank's increased deposit insurance assessment for the quarter ending March 31, 2009. |
| 10(d)(2)(vi). The disposition of the proceeding | Order was issued on Aug 6, 2009. The FDIC issued a civil money penalty of $1,323.44 against FMTC. FMTC will pay the civil money penalty in the form of an ACH debit to the account specified by FMTC for the next quarterly assessment, due Sept. 30, 2009. |
Entity information Related to item 10(d)(2) Record: 10
| 10(d)(2)(i). The individuals named in the Action | Fidelity Brokerage Services LLC |
| 10(d)(2)(ii). Title of Action | In the matter of Fidelity Brokerage Services LLC |
| 10(d)(2)(iii). Date of Action | 10/14/2011 |
| 10(d)(2)(iv). The Court or body taking the Action and its location | State of Indiana |
| 10(d)(2)(v). Description of the Action | The state of Indiana alleged that FBS violated Indiana securities laws by unintentionally violating a court order restricting withdrawals from a guardianship account held by the firm. |
| 10(d)(2)(vi). The disposition of the proceeding | Without admitting or denying the finding, FBS was censured and has agreed to pay the State of Indiana a $7,500.00 fine in connection with the unintentional violation of a civil court order. |
| 10(d)(3). ever found the applicant or control affiliate to have been a cause of an investment-related business having its authorization to do business Denied, suspended, revoked or restricted? |
Yes
No
|
| 10(d)(4). in the past ten years entered an order against the applicant or control affiliate in connection with investment-related activity? |
Yes
No
|
| 10(d)(5). ever denied, suspended, or revoked applicant’s or control affiliate’s registration or license, or prevented it from associating with an investment-related business, or otherwise disciplined it by restricting its activities? |
Yes
No
|
| 10(d)(6). ever revoked or suspended the applicant’s or a control affiliate’s license as an attorney or accountant? |
Yes
No
|
| 10(e)(1). found the applicant or a control affiliate to have made a false statement or omission? |
Yes
No
|
| 10(e)(2). found the applicant or a control affiliate to have been involved in a violation of its rules? |
Yes
No
|
Entity information Related to item 10(e)(2) Record: 1
| 10(e)(2)(i). The individuals named in the Action | National Financial Services Corporation |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services Corporation |
| 10(e)(2)(iii). Date of Action | 09/27/1991 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | New York Stock Exchange |
| 10(e)(2)(v). Description of the Action | On September 27, 1991, Applicants affiliate, National Financial Services Corporation, 161 Devonshire Street, Boston, MA 02110, was fined $1,000.00 by the by the New York Stock Exchange for a violation of NYSE Rule 412. The violation related to a High Percentage (2%) of ACAT purged accounts for two consecutive months (June, July 1991) within a six month period. |
| 10(e)(2)(vi). The disposition of the proceeding | Fine |
Entity information Related to item 10(e)(2) Record: 2
| 10(e)(2)(i). The individuals named in the Action | National Financial Services Corporation |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services Corporation |
| 10(e)(2)(iii). Date of Action | 03/01/1991 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | New York Stock Exchange |
| 10(e)(2)(v). Description of the Action | In 1990, the New York Stock Exchange initiated disciplinary proceedings against the applicants affiliate, National Financial Services Corporation (NFSC), 161 Devonshire Street, Boston, MA 02110, alleging that in 1986 and 1987 NFSC committed certain violations of SEC Rules 15(c)3-3 and 17(a)-3 relating to reserves and possession/control requirements. In March, 1991, without admitting or denying guilt, NFSC consented to a censure and fine of $25,000.00. |
| 10(e)(2)(vi). The disposition of the proceeding | Consent Agreement |
Entity information Related to item 10(e)(2) Record: 3
| 10(e)(2)(i). The individuals named in the Action | The Crosby Corporation |
| 10(e)(2)(ii). Title of Action | In the Matter of The Crosby Corporation |
| 10(e)(2)(iii). Date of Action | 03/15/1973 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | National Association of Securities Dealers, Inc. |
| 10(e)(2)(v). Description of the Action | The Crosby Corporation (Crosby), an affiliate of predecessor of applicant, voluntarily submitted a Letter of Admission, Waiver and Consent to the National Association of Securities Dealers, Inc., (NASD) on March 15, 1973 relating to Crosbys dissemination of a sales brochure which contained references to uses of The Partial Withdrawal and Reinstatement Privileges which were found to be in conflict with an NASD interpretation. Crosby was found to have violated Article III, Section I of the NASD Rules of Fair Practice and was assessed a fine of $5,000.00 which it paid on March 30, 1973. |
| 10(e)(2)(vi). The disposition of the proceeding | The Crosby Corporation (Crosby), an affiliate of predecessor of applicant, voluntarily submitted a Letter of Admission, Waiver and Consent. |
Entity information Related to item 10(e)(2) Record: 4
| 10(e)(2)(i). The individuals named in the Action | Fidelity Distributors Corporation and Arthur S. Loring |
| 10(e)(2)(ii). Title of Action | In the Matter of Fidelity Distributors Corporation and Arthur S. Loring |
| 10(e)(2)(iii). Date of Action | 04/28/1988 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | National Association of Securities Dealers, Inc. |
| 10(e)(2)(v). Description of the Action | The Applicants affiliate, Fidelity Distributors Corporation (FDC), 82 Devonshire Street, Boston, MA 02109, and Arthur S. Loring, CRD # 312799, on April 28, 1988, voluntarily submitted a letter of Admission, Waiver and Consent to the NASD relating to the timeliness of Applicants response to NASD advertising and sales literature comments during the period November, 1985 to February, 1987, and its failure in connection with one item of sales literature to file it on a timely basis. Due to unprecedented growth in FDCs activity during this period and its inability to find experienced personnel to replace departing employees promptly in this area, FDC was unable to do so. During late 1986 and early 1987, new, senior personnel were added and procedures strengthened, with the result that the timeliness issue has been corrected since early 1987. Without admitting or denying any violative conduct, FDC, accepted and consented to findings by the NASD of violation of Article III, Sections I and 35(c)(1) of the NASDs Rules of Fair Practice. It consented to a censure and fine in the amount of $50,000.00. It also agreed for a period of 90 days to submit all written advertisements or sales literature subsequently filed with the NASD for pre-clearance by special counsel retained for this purpose. Such penalties were accepted by the NASD. |
| 10(e)(2)(vi). The disposition of the proceeding | Fidelity Distributors Corporation and Arthur S. Loring voluntarily submitted a letter of Admission, Waiver and Consent. |
Entity information Related to item 10(e)(2) Record: 5
| 10(e)(2)(i). The individuals named in the Action | National Financial Services Corporation |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services Corporation |
| 10(e)(2)(iii). Date of Action | 03/29/1999 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | National Association of Securities Dealers, Inc. |
| 10(e)(2)(v). Description of the Action | On March 29, 1999, National Financial Services Corporation (NFSC) entered into a Letter of Acceptance, Waiver and Consent with the National Association of Securities Dealers, Inc. in which NFSC, without admitting or denying allegations of rule violations, consented to the entry of findings relating to NFSCs submission of short interest positions on behalf of another member firm and failure to report short positions in ten securities for that firm in July 1997. The Letter provided for a censure and a fine in the amount of $4,000. Complaint # CMS990036AWC. |
| 10(e)(2)(vi). The disposition of the proceeding | Letter of Acceptance, Waiver and Consent |
Entity information Related to item 10(e)(2) Record: 6
| 10(e)(2)(i). The individuals named in the Action | National Financial Services Corporation |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services Corporation |
| 10(e)(2)(iii). Date of Action | 04/14/1988 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | New York Stock Exchange |
| 10(e)(2)(v). Description of the Action | Applicants affiliate, National Financial Services Corporation, 161 Devonshire Street, Boston, MA 02110 was fined $1,000 by the New York Stock Exchange on April 14, 1988, for a violation of NYSE Rule 132.30 in that it failed to submit audit trail data for transactions effected on the floor of the Exchange. |
| 10(e)(2)(vi). The disposition of the proceeding | Fine |
Entity information Related to item 10(e)(2) Record: 7
| 10(e)(2)(i). The individuals named in the Action | National Financial Services Corporation |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services Corporation |
| 10(e)(2)(iii). Date of Action | 02/18/1987 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | New York Stock Exchange, Inc. |
| 10(e)(2)(v). Description of the Action | National Financial Services Corporation (NFSC) was fined $1,000.00 by the New York Stock Exchange, Inc. on February 18, 1987 for a violation of Rule 132.30 in that NFSC failed to submit Audit Trail Data for transactions effected on the floor of the Exchange. |
| 10(e)(2)(vi). The disposition of the proceeding | Fine |
Entity information Related to item 10(e)(2) Record: 8
| 10(e)(2)(i). The individuals named in the Action | National Financial Services Corporation |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services Corporation |
| 10(e)(2)(iii). Date of Action | 05/25/1999 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | National Association of Securities Dealers, Inc. |
| 10(e)(2)(v). Description of the Action | On May 25, 1999, the National Association of Securities Dealers, Inc. accepted a Letter of Acceptance, Waiver and Consent in which National Financial Services Corporation (NFSC) without admitting or denying allegations of rule violations, consented to the entry of the following findings: (i) NFSC failed to immediately display 10 customer limit orders in NFSCs public quote where each such order was a price better than NFSCs public quote or at a price equal to NFSCs public quote when such quote was priced equal to the national best bid or offer in such a security and that order represented more than a de minimis change in relation to the size associated with NFSCs bid or offer, (ii)NFSC failed to use reasonable diligence to ascertain the best inter-dealer market for such a security, with respect to 3 orders, and buy and sell in such market so that the resultant price to each customer was as favorable as possible under prevailing market conditions, (iii) NFSC entered 31 priced orders on trade dates August 4 through August 8, 1997, into Select Net Broadcast that were each priced better than the Firms public quote without reflecting each such order in the Firms public quote. The AWC required the payment of a $5,500 fine. AWC # CMS990051. |
| 10(e)(2)(vi). The disposition of the proceeding | Letter of Acceptance, Waiver and Consent |
Entity information Related to item 10(e)(2) Record: 9
| 10(e)(2)(i). The individuals named in the Action | National Financial Service, LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Service, LLC |
| 10(e)(2)(iii). Date of Action | 12/21/2006 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NYSE |
| 10(e)(2)(v). Description of the Action | National Financial Service, LLC (NFS) consented to a fine of $125,000 in connection with the NYSEs allegations that NFS (A) violated Exchange Act Rules 15c3-3(B) and 15c3-3(D) by failing to promptly obtain and thereafter maintain the physical possession or control of certain fully-paid and excess margin securities that it carried for its customers accounts (B) violated Exchange Act Rule 17A-4 and NYSE Rule 440 by failing to preserve certain electronic communications relating to its business in a non-rewritable, non-erasable format; and (C) violated NYSE Rule 345 by failing to provide for, establish and maintain appropriate procedures of supervision and control with respect to the possession or control of fully-paid and excess margin securities carried for its customers accounts, the retention and review of electronic communications, and the monitoring of employee accounts held away from NFS. |
| 10(e)(2)(vi). The disposition of the proceeding | Fine paid to NYSE Regulation on December 21, 2006 in the amount of $125,000. |
Entity information Related to item 10(e)(2) Record: 10
| 10(e)(2)(i). The individuals named in the Action | Fidelity Brokerage Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of Fidelity Brokerage Services LLC |
| 10(e)(2)(iii). Date of Action | 07/08/2004 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NYSE |
| 10(e)(2)(v). Description of the Action | The NYSE alleged that between January 2001 and July 2002, in connection with the annual branch inspection process and the creation and maintenance of its records, the Firm (Fidelity Brokerage Services LLC) violated NYSE Rule 440 and Section 17(A) of the Exchange Act, and Rule 17A-4, there under, by failing to preserve certain books and records and failing to preserve other books and records accurately. The NYSE also alleged that the Firm violated NYSE Rule 342 in that it failed reasonably to provide for appropriate supervisory control to comply with the above Federal Securities Laws and NYSE Rules, including a separate system of follow-up and review. On July 8, 2004, the Firm made an offer of settlement to the NYSE and the Exchange hearing panel accepted the offer on July 8, 2004. The Firm consented to the entry of an order finding that it had violated Section 17(A) of the Exchange Act and 17A-4(B)(4) there under and had failed reasonably to supervise its employees. |
| 10(e)(2)(vi). The disposition of the proceeding | The firm agreed to a censure and a total find of $2,000,000, with $1,000,000 to the NYSE and $1,000,000 to the U.S. Treasury in a related SEC proceeding. |
Entity information Related to item 10(e)(2) Record: 11
| 10(e)(2)(i). The individuals named in the Action | National Financial Services, LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services, LLC |
| 10(e)(2)(iii). Date of Action | 05/03/2002 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NASD Regulation, Inc. |
| 10(e)(2)(v). Description of the Action | On May 3, 2002, National Financial Services, LLC (NFS) entered into a Letter of Acceptance, Waiver and Consent with NASD Regulation, Inc. (NASD), in which NFS accepted, without admitting or denying the allegations, findings that NFS transmitted to the NASD order audit trail system (OATS) order reports, which were erroneous in certain respects and that NFSs written supervisory procedures did not provide sufficient measures to detect and avoid said errors. NFS agreed to a censure and a fine of $70,000. |
| 10(e)(2)(vi). The disposition of the proceeding | Letter of Acceptance, Waiver and Consent |
Entity information Related to item 10(e)(2) Record: 12
| 10(e)(2)(i). The individuals named in the Action | National Financial Service LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Service LLC |
| 10(e)(2)(iii). Date of Action | 04/22/2003 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NASD |
| 10(e)(2)(v). Description of the Action | On April 22, 2003, the NASD accepted a Letter of Acceptance, Waiver and Consent. It was alleged that NFS caused a locked/crossed market condition prior to the market opening by entering a bid that locked/crossed another market makers quotations without immediately thereafter, sending through Selectnet to the market maker(s) whose quotes it locked or crossed a trade-or-move message that was at the receiving market makers quoted price and whose aggregate size was at least 5,000 shares. |
| 10(e)(2)(vi). The disposition of the proceeding | Letter of Acceptance, Waiver and Consent. |
Entity information Related to item 10(e)(2) Record: 13
| 10(e)(2)(i). The individuals named in the Action | NFS LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of NFS LLC |
| 10(e)(2)(iii). Date of Action | 09/27/2002 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NASD |
| 10(e)(2)(v). Description of the Action | On September 27, 2002, the NASD accepted a Letter of Acceptance, Waiver and consent in which NFS LLC (NFSC) without admitting or denying allegations of rule violations, consented to the entry of the following findings: (1) in a total of sixty-two instances in 1997 and 1999, NFSC, without making reasonable efforts to avoid a locked or crossed market, entered a bid or ask quotation in the NASDAQ Stock Market, Inc., which caused a locked or crossed market condition to occur; and (2) in fifty instances in November and December 2000, NFSC caused a locked/crossed market condition prior to the market opening by either (i) entering a quotation (e.e. bid or ask) that locked crossed another market makers quotations without immediately thereafter, sending a Selectnet trade-or-move message to the other market maker, or (ii) upon receiving a Selectnet trade-or-move message from another market maker, NFSC failed within 30 seconds thereafter, to fill the incoming message or move its quote by a quotation increment that would have unlocked/uncrossed the market. |
| 10(e)(2)(vi). The disposition of the proceeding | NFS consented to a censure and the payment of $30,000 fine. AWC NO. CMS010144 |
Entity information Related to item 10(e)(2) Record: 14
| 10(e)(2)(i). The individuals named in the Action | National Financial Services, LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services, LLC |
| 10(e)(2)(iii). Date of Action | 06/13/1997 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NASD |
| 10(e)(2)(v). Description of the Action | On June 13, 1997, the NASD accepted a Letter of Acceptance, Waiver and Consent in which National Financial Services, LLC, without admitting or denying allegations of rule violations, consented to the entry of findings relating to the failure to ascertain the best inter-dealer market for a security with respect to the order. |
| 10(e)(2)(vi). The disposition of the proceeding | The AWC required payment of $1,000 to the NASD. MS970004(A)AWC. |
Entity information Related to item 10(e)(2) Record: 15
| 10(e)(2)(i). The individuals named in the Action | National Financial Services, LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services, LLC |
| 10(e)(2)(iii). Date of Action | 07/11/1997 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NASD |
| 10(e)(2)(v). Description of the Action | On July 11, 1997, the NASD accepted a Letter of Acceptance, Waiver and consent in which National Financial Services, LLC, without admitting or denying allegations of rule violations, consented to the entry of findings relating to the cancellation and re-execution of orders by an unaffiliated market maker |
| 10(e)(2)(vi). The disposition of the proceeding | The AWC required the payment of $2,500 to the NASD. CMS970003(A)AWC. |
Entity information Related to item 10(e)(2) Record: 16
| 10(e)(2)(i). The individuals named in the Action | National Financial Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services LLC |
| 10(e)(2)(iii). Date of Action | 04/22/2003 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NASD |
| 10(e)(2)(v). Description of the Action | On April 22, 2003 the NASD accepted a Letter of Acceptance Waiver and Consent from National Financial Services LLC. The following items were alleged: failure to correctly report trades with .PRP Modifer failure to display immediately, the customer limit orders in NASDQ Securities in its public quotation in circumstances, when each such order was at a price that would have improved the member firms bid or offer and the national best bid or offer in such security, and the size of the order represented more than a deminimis change in relation to the size associated with its bid or offer in each security failure to report to ACT the correct symbol indicating whether member executed transactions in eligible securities in a principal or agency capacity failure to report to ACT the correct designation indicating whether member firm executed transactions in eligible securities as riskless principal transactions. |
| 10(e)(2)(vi). The disposition of the proceeding | The NASD accepted a Letter of Acceptance Waiver and Consent from National Financial Services LLC. |
Entity information Related to item 10(e)(2) Record: 17
| 10(e)(2)(i). The individuals named in the Action | National Financial Services, LLC (formerly National Financial Services Corporation) |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services, LLC (formerly National Financial S |
| 10(e)(2)(iii). Date of Action | 02/11/2000 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | National Association of Security Dealers, Inc. |
| 10(e)(2)(v). Description of the Action | On 2/11/00, National Financial Services, LLC (formerly National Financial Services Corporation), entered into a Letter of Acceptance, Waiver and Consent with the National Association of Security Dealers, Inc. in which the applicant, without admitting or denying allegations of the rule violations consented to the entry offending relations to failing to display immediately 6 customer limit orders in NASDAQ securities in its public quotation, when each such order was at a price that would have improved its bid or offer in each such security; or when the full size of each such order was priced equal to its bid or offer and the National Best Bid or Offer for each such security, and represented more than a de minimus charge in relation to the size associated with its bid or offer in each such security. |
| 10(e)(2)(vi). The disposition of the proceeding | National Financial Services, LLC (formerly National Financial Services Corporation), entered into a Letter of Acceptance, Waiver and Consent with the National Association of Security Dealers, Inc. The AWC required a payment of $5,000 fine. |
Entity information Related to item 10(e)(2) Record: 18
| 10(e)(2)(i). The individuals named in the Action | National Financial Services, LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services, LLC |
| 10(e)(2)(iii). Date of Action | 07/26/2000 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | National Association of Securities Dealers, Inc. |
| 10(e)(2)(v). Description of the Action | On July 26, 2000, National Financial Services, LLC entered into a letter of Acceptance, Waiver and Consent with the National Association of Securities Dealers, Inc in which National Financial Services, LLC, without admitting or denying allegations of rule violations, consented to the entry of findings relating to failure to report FIPS 23 transactions in FIPS securities within 5 minutes after execution. |
| 10(e)(2)(vi). The disposition of the proceeding | The AWC required a payment of a $5,000 fine. AWC NO MRD199918581 |
Entity information Related to item 10(e)(2) Record: 19
| 10(e)(2)(i). The individuals named in the Action | Fidelity Brokerage Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of Fidelity Brokerage Services, LLC |
| 10(e)(2)(iii). Date of Action | 03/12/2002 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NASD |
| 10(e)(2)(v). Description of the Action | Fidelity Brokerage Services, LLC, (FBS) entered into a Letter of Acceptance, waiver and consent with the NASD in which FBS, without admitting or denying allegations, consented to the entry of findings that, over a 15-month period, FBS entered into 12 settlement agreements that failed to inform the customers that the confidentiality clauses contained in the agreements did not restrict their ability to communicate with self-regulatory organizations about the settlement |
| 10(e)(2)(vi). The disposition of the proceeding | Letter of Acceptance, waiver and consent. The AWC required a payment of a $5,000 fine. |
Entity information Related to item 10(e)(2) Record: 20
| 10(e)(2)(i). The individuals named in the Action | National Financial Services LLC and three affiliated broker-dealers |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services LLC and three affiliated broker-dea |
| 10(e)(2)(iii). Date of Action | 02/05/2007 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NASD |
| 10(e)(2)(v). Description of the Action | National Financial Services LLC and three affiliated broker-dealers (Fidelity Brokerage Services LLC, Fidelity Investment Institutional Services Company, Inc., and Fidelity Distributors Corporation) consented to a censure, a $3.75 million fine for which they are jointly and severally liable, and to various undertakings in connection with the NASDs allegations that the firms (A) violated Exchange Act Rule 17A-4 and NASD Rule 3110 by failing to retain electronic communications in the format and for the length of time required by those rules; (B) violated NASD Rule 1031 by allowing employees who were neither required nor permitted to be registered to retain their registrations; (C) violated NASD Rule 3010 by failing to assign a registered supervisor to numerous registered persons; (D) failed to supervise the registration of employees and the process for retaining electronic communications; and (E) that with respect to affiliate Fidelity Distributors Corporation it failed to supervise its registered persons who accepted gifts and entertainment in violation of the firms policies. |
| 10(e)(2)(vi). The disposition of the proceeding | On February 5, 2007, the NASD entered an AWC in which National Financial Services LLC and three affiliated broker-dealers consented to a censure, a $3.75 million fine, for which they are jointly and severally liable and to various undertakings. |
Entity information Related to item 10(e)(2) Record: 21
| 10(e)(2)(i). The individuals named in the Action | Fidelity Distributors Corp and Fidelity Investments Institutional Services Company, Inc. |
| 10(e)(2)(ii). Title of Action | In the matter of Fidelity Distributors Corp & Fidelity Investments Inst |
| 10(e)(2)(iii). Date of Action | 05/08/2007 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NASD |
| 10(e)(2)(v). Description of the Action | The registrant and an affiliated broker-dealer consented to a censure, a $400,000 fine for which they are jointly and severally liable, and to various undertakings, in connection with the NASDs allegations that (1) the firms violated NASD advertising rules by preparing and distributing misleading sales literature relating to Fidelitys Destiny I and II Systematic Investment Plans and (20 Fidelity did not adequately supervise the review of this sales literature in light of the unusual features of the Destiny products. |
| 10(e)(2)(vi). The disposition of the proceeding | Firm & affiliate censured, fined $400,000 and undertakings re alleged violations of advertising rules and alleged failure to supervise ad review process. |
Entity information Related to item 10(e)(2) Record: 22
| 10(e)(2)(i). The individuals named in the Action | National Financial Services LLC |
| 10(e)(2)(ii). Title of Action | In the matter of National Financial Services LLC |
| 10(e)(2)(iii). Date of Action | 05/18/2009 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | NASD Rules 2110, 2320, 6955(A) - NFS consented to a censure and a fine of $40,000 in connection with FINRAs allegations that NFS in transactions for or with a customer failed to use reasonable diligence to ascertain the best inter-dealer market and failed to buy or sell in such market so that the resultant price to its customers was as favorable as possible under prevailing market conditions. The firm transmitted to the order audit trail system (OATS) reports that contained inaccurate incomplete or improperly formatted data. The firm transmitted route or combined order/route reports to OATS indicating the firm was the destination member firm and that the OATS system was unable to link to a corresponding new order transmitted by the firm due to inaccurate incomplete or improperly formatted data. |
| 10(e)(2)(vi). The disposition of the proceeding | Without admitting or denying the findings the firm consented to the described sanctions and to the entry of findings; therefore the firm is censured and fined $40,000. |
Entity information Related to item 10(e)(2) Record: 23
| 10(e)(2)(i). The individuals named in the Action | Fidelity Brokerage Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of Fidelity Brokerage Services LLC |
| 10(e)(2)(iii). Date of Action | 06/10/2009 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | NASD Rules 2110, 2440, IM-2440- FBS consented to a censure and a fine of $10,000 in connection with FINRA's allegations that FBS, in eight transactions, sold corporate bonds to customers, over a 3 month period, at prices that were not fair and reasonable, taking into consideration all relevant circumstances, including market conditions with respect to each bond at the time of transactions, the expense involved and that the firm was entitled to a profit. |
| 10(e)(2)(vi). The disposition of the proceeding | Without admitting or denying the findings, the firm consented to the described sanctions and to the entry of findings; therefore, the firm is censured and fined $10,000. |
Entity information Related to item 10(e)(2) Record: 24
| 10(e)(2)(i). The individuals named in the Action | National Financial Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services LLC |
| 10(e)(2)(iii). Date of Action | 10/05/2009 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NYSE |
| 10(e)(2)(v). Description of the Action | Pending stipulation of facts and consent to penalty. For the sole purpose of settling this disciplinary proceeding, without adjudication of any issues of law or fact, and without admitting or denying any allegations of findings referred to herein, NFS consented to a censure and fine in connection with NYSE's allegations that during the period of August 21, 2006 through November 6, 2008, NFS (1) violated NYSE Rule 123C on eight trade dates by failing to comply with the requirements governing the entry and cancellation of MOC orders and (2) violated NYSE Rule 342 by failing to reasonably supervise and implement adequate controls, including a reasonable system to follow up and review, designed to achieve compliance with NYSE Rule 123C. |
| 10(e)(2)(vi). The disposition of the proceeding | Settled. Without admitting or denying the finding, the firm consented to the described sanctions and to the entry of findings. Therefore the firm is censured and fined $75,000. |
Entity information Related to item 10(e)(2) Record: 25
| 10(e)(2)(i). The individuals named in the Action | National Financial Services LLC (NFS) |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services LLC |
| 10(e)(2)(iii). Date of Action | 02/16/2010 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | NFS accepted short sale orders from its clients and subsequently released them for execution through its direct market access ("DMA") platforms without having borrowed the securities or entered into bona-fide arrangements to borrow the securities, or having reasonable grounds to believe that the securities could be borrowed for delivery when due, and without the proper documented compliance of such; failed to maintain accurate books and records in that locate request records for approximately 100,000 locates were inaccurately maintained because of a programming error; and failed to implement procedures and systems reasonably designed to ensure compliance with the relevant sections of Reg SHO, the Rules of the NASD and FINRA. |
| 10(e)(2)(vi). The disposition of the proceeding | NFS paid a fine of $350,000.00 |
Entity information Related to item 10(e)(2) Record: 26
| 10(e)(2)(i). The individuals named in the Action | National Financial Services LLC (NFS) |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services LLC |
| 10(e)(2)(iii). Date of Action | 09/24/2010 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | NFS failed to report the correct symbol indicating whether transactions were buy, sell, sell short, or cross for transactions in reportable securities. The firm transmitted trade reports for odd-lot trades and failed to report the transactions with the required odd lot modifier of .RO to the NASD/NASDAQ trade reporting facility and OTC reporting facility. |
| 10(e)(2)(vi). The disposition of the proceeding | Letter of Acceptance, Waiver, and Consent. NFS was censured and paid a fine of $15,000. |
Entity information Related to item 10(e)(2) Record: 27
| 10(e)(2)(i). The individuals named in the Action | National Financial Services LLC (NFS) |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services LLC |
| 10(e)(2)(iii). Date of Action | 11/12/2010 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NASDAQ Options Market |
| 10(e)(2)(v). Description of the Action | The firm submitted and FINRA, on behalf of NASDAQ, accepted a settlement in the form of an Acceptance, Waiver and Consent (AWC), in which the firm neither admitted nor denied the findings. The AWC alleged that during the period March 31, 2008 through June 30, 2008, on five occasions, the firm failed to include on the appropriate report a bearish options position that had exceeded the applicable reporting threshold, in violation of Chapter III, Section 10 of the NASDAQ Options Market rules. FINRA, on behalf of NASDAQ, accepted the AWC on November 12, 2010. Pursuant to the AWC, the firm consented to a censure and a fine of $15,000. |
| 10(e)(2)(vi). The disposition of the proceeding | The firm submitted and NASDAQ accepted a settlement in the form of an Acceptance, Waiver and Consent in which the firm neither admitted nor denied the findings. The firm was censured and fined $15,000. |
Entity information Related to item 10(e)(2) Record: 28
| 10(e)(2)(i). The individuals named in the Action | Fidelity Brokerage Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of Fidelity Brokerage Services LLC |
| 10(e)(2)(iii). Date of Action | 11/09/2010 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | Without admitting or denying the findings, FBS has agreed to pay a $35,000 fine in connection with FINRA's allegations that FBS violated MSRB Rule G-17 by (a) failing to determine, in all municipal securities transactions during the review period, whether the underlying credit rating of the issuer of an insured municipal security constituted material information that was required to be disclosed at or before the time of purchase; and (b) failing to disclose to customers the underlying credit rating of insured municipal bonds at or prior to the time of purchase in connection with certain municipal securities transactions. |
| 10(e)(2)(vi). The disposition of the proceeding | The firm submitted and FINRA accepted a settlement in the form of an Acceptance, Waiver and Consent in which the firm neither admitted nor denied the findings. The firm was censured and fined $35,000. |
Entity information Related to item 10(e)(2) Record: 29
| 10(e)(2)(i). The individuals named in the Action | Fidelity Brokerage Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of Fidelity Brokerage Services LLC |
| 10(e)(2)(iii). Date of Action | 07/08/2011 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | Without admitting or denying the findings, FBS was censured and has agreed to pay a $375,000 fine in connection with FINRA's allegations that FBS violated NASD rules 2210, 2211, 3010 and 2110 and MSRB Rules G-21, G-27 and G-17 (a) by using advertising and marketing materials for Auction Rate Securities ("ARS") that were not fair and balanced and did not provide a sound basis for evaluating the facts in regard to purchases of ARS because such materials did not contain adequate disclosure of the risks of ARS; and (b) by failing to establish and maintain a supervisory system, including written supervisory procedures, that was reasonably designed to achieve compliance with NASD and MSRB Rules relating to the marketing and sale of ARS. Fidelity also (a) offered to repurchase at par illiquid auction rate securities from certain retail customers who purchased auction rate securities via Fidelity's website between February 13, 2008, and March 4, 2008 and (b) agreed to use FINRA's special arbitration procedures to arbitrate claims for consequential damages filed by eligible retail investors who purchased auction rate securities from Fidelity between May 31, 2006, and February 28, 2008. |
| 10(e)(2)(vi). The disposition of the proceeding | The firm submitted and FINRA accepted a settlement in the form of Acceptance, Waiver & Consent in which the firm neither admitted nor denied the findings. The firm was censured and fined $375,000. |
Entity information Related to item 10(e)(2) Record: 30
| 10(e)(2)(i). The individuals named in the Action | National Financial Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services LLC |
| 10(e)(2)(iii). Date of Action | 07/25/2011 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | The firm submitted and FINRA accepted a settlement in the form of an Acceptance, Waiver and Consent ("AWC"), in which the firm neither admitted nor denied the findings. The AWC alleges that NFS, in violation of SEC Rule 10b-10 and NASD Conduct Rules 2230, and 2110 and FINRA Rule 2010, issued confirmations to customers for UIT transactions that reported an inaccurate sales load percentage during the period February 2007 through November 2009, and misstated the valuation methods used for the prices of nine alternative investment securities on customer account statements during the period April 2006 through August 2010. |
| 10(e)(2)(vi). The disposition of the proceeding | The firm submitted and FINRA accepted a settlement in the form of an Acceptance, Waiver, and Consent ("AWC"), in which the firm neither admitted or denied the findings. The firm was censured, fined $200,000, and other certain undertakings were ordered. |
Entity information Related to item 10(e)(2) Record: 31
| 10(e)(2)(i). The individuals named in the Action | Fidelity Brokerage Services LLC (FBS) and Fidelity Investments Institutional Services Company, Inc. (FIISC) |
| 10(e)(2)(ii). Title of Action | In the Matter of FBS and FIISC |
| 10(e)(2)(iii). Date of Action | 07/12/2012 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | As indicated in the letter of acceptance, waiver and consent No. 2008013791601, FINRA found that during the period December 1, 2006 thru December 31, 2008 FBS and FIISC (1) violated NASD Rules 2210 and 2110 and FINRA Rule 2010, and that FIISC violated NASD Rule 2211, by distributing certain sales materials that were unbalanced and misleading, contained unwarranted statements and failed to provide a sound basis by which to evaluate the risks of the Fidelity Ultra Short Bond Fund ("Fund"), and (2) failed to establish, maintain and enforce adequate supervisory systems, including systems of follow-up and review which were reasonably designed to achieve compliance with NASD and FINRA Rules; as a result, certain sales materials failed to provide an accurate and balanced presentation concerning the nature, holdings and risks of an investment in the Fund. FBS and FIISC thereby violated NASD Rules 3010(A) and (B), 2110 and 2211(B)(1)(B) and FINRA Rule 2010. |
| 10(e)(2)(vi). The disposition of the proceeding | FBS and FIISC submitted and FINRA accepted a settlement in the form of an AWC, in which the firms neither admitted nor denied the findings. FBS and FIISC were censured and jointly and severally fined $375,000. |
Entity information Related to item 10(e)(2) Record: 32
| 10(e)(2)(i). The individuals named in the Action | National Financial Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services LLC |
| 10(e)(2)(iii). Date of Action | 11/21/2012 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | THE FIRM SUBMITTED AND FINRA, ON BEHALF OF NASDAQ OMX BX, INC., ACCEPTED A SETTLEMENT INTHE FORM OF AN ACCEPTANCE, WAIVER AND CONSENT ("AWC"), IN WHICH THE FIRM NEITHERADMITTED OR DENIED THE FINDINGS. THE AWC ALLEGED THAT, FOR 41 TRADING DAYS, NFS FAILED TOIDENTIFY TWO CUSTOMERS ACTING "IN CONCERT" WHO EXCEEDED POSITION POSITION LIMITS ON THEBULLISH AND BEARISH SIDE OF THE MARKET IN SPDR S&P 500 ETF; THAT NFS FAILED TO AGGREGATEPROPERLY THREE CUSTOMER ACCOUNTS UNDER COMMON CONTROL THAT SHOULD HAVE BEENREPORTED AS ACTING "IN CONCERT" FOR PURPOSES OF REPORTING LARGE OPTIONS POSITIONS; ANDTHAT NFS ERRONEOUSLY REPORTED "CUSTOMER" POSITIONS AS "FIRM" POSITIONS IN THE "ACCOUNTTYPE" FIELD WHEN SUBMITTING LARGE OPTION POSITION REPORTS TO THE OCC FROM JANUARY 19,2010 TO AUGUST 6, 2010, EVEN THOUGH NFS DID INCLUDE NECESSARY CUSTOMER INFORMATION IN THE OTHER REPORT FIELDS. THE AWC ALSO ALLEGED THAT NFS FAILED TO MAINTAIN AN ADEQUATE SUPERVISORY SYSTEM RELATING TO DESIGNATING ACCOUNTS AS ACTING IN CONCERT. PURSUANT TOTHE SETTLEMENT, NFS IS CENSURED AND FINED $65,000 |
| 10(e)(2)(vi). The disposition of the proceeding | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBEDSANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED AND FINED $65,000. |
Entity information Related to item 10(e)(2) Record: 33
| 10(e)(2)(i). The individuals named in the Action | Fidelity Brokerage Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of Fidelity Brokerage Services LLC |
| 10(e)(2)(iii). Date of Action | 11/06/2012 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | WITHOUT ADMITTING OR DENYING THE FINDINGS, FBS HAS AGREED TO PAY A $65,000 FINE IN CONNECTION WITH FINRA'S ALLEGATIONS THAT FBS VIOLATED MSRB RULE G-17 AND G-30(A) IN 17 MUNICIPAL SECURITIES TRANSACTIONS BY PROVIDING A PRICE THAT WAS NOT FAIR AND REASONABLE, TAKING INTO CONSIDERATION ALL RELEVANT FACTORS, INCLUDING THE BEST JUDGMENT OF THE BROKER, DEALER OR MUNICIPAL SECURITIES DEALER AS TO THE FAIR MARKET VALUE OF THE SECURITIES AT THE TIME OF THE TRANSACTION AND OF ANY SECURITIES EXCHANGED OR TRADED IN CONNECTION WITH THE TRANSACTION, THE EXPENSE INVOLVED IN EFFECTING THE TRANSACTION, THE FACT THAT THE BROKER, DEALER, OR MUNICIPAL SECURITIES DEALER IS ENTITLED TO A PROFIT, AND THE TOTAL DOLLAR AMOUNT OF THE TRANSACTION. |
| 10(e)(2)(vi). The disposition of the proceeding | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED AND FINED $65,000 FOR MSRB RULES VIOLATIONS. |
Entity information Related to item 10(e)(2) Record: 34
| 10(e)(2)(i). The individuals named in the Action | National Financial Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services LLC |
| 10(e)(2)(iii). Date of Action | 06/24/2013 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | AT VARIOUS TIMES BETWEEN MID-FEBRUARY AND JUNE 2009, IN VIOLATION OF NASD RULE 3010 AND FINRA RULE 2010, NATIONAL FINANCIAL SERVICES, LLC ("NFS" OR THE "FIRM") FAILED TO ESTABLISH, ENFORCE AND UPDATES ITS WRITTEN SUPERVISORY PROCEDURES IN CONNECTION WITH MARKING ITS FIXED INCOME INVENTORY DAILY AND ACCURATE MARKING TO MARKET FIXED INCOME SECURITIES HELD IN INVENTORY. AMONG OTHER THINGS, FROM MID-FEBRUARY 2009 UNTIL MAY 2009, THE FIRM FAILED TO MONITOR FIXED INCOME TRADERS' MARKS FOR POTENTIAL MISMARKING BY COMPARING TRADERS' MARKS AGAINST THIRD PARTY VENDOR MARKS AS REQUIRED BY THE WSPS. |
| 10(e)(2)(vi). The disposition of the proceeding | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE IT IS CENSURED AND FINED $250,000. |
Entity information Related to item 10(e)(2) Record: 35
| 10(e)(2)(i). The individuals named in the Action | National Financial Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services LLC |
| 10(e)(2)(iii). Date of Action | 11/01/2013 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | NFS SUBMITTED, AND FINRA ACCEPTED, A SETTLEMENT IN THE FORM OF AN ACCEPTANCE, WAIVER AND CONSENT ("AWC") IN WHICH THE FIRM NEITHER ADMITTED OR DENIED THE FINDINGS. THE AWC ALLEGED THAT DURING THE 3RD QUARTER 2012 NFS FAILED TO TIMELY REPORT TRADES IN TRACE-ELIGIBLE SECURITIZED PRODUCTS WITHIN THE TIME REQUIRED IN VIOLATION OF FINRA RULES 6730(A) AND 2010 |
| 10(e)(2)(vi). The disposition of the proceeding | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS; THEREFORE, THE FIRM IS CENSURED AND FINED $7,500 WHICH WAS PAID ON 11/19/2013. |
Entity information Related to item 10(e)(2) Record: 36
| 10(e)(2)(i). The individuals named in the Action | National Financial Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of National Financial Services LLC |
| 10(e)(2)(iii). Date of Action | 11/13/2013 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBEDSANCTIONS AND TO THE ENTRY OF FINDINGS, THEREFORE THE FIRM IS CENSURED AND FINED$60,000. FINRA ACKNOWLEDGES THAT THE FIRM SELF-REPORTED THE ISSUES DESCRIBED HEREINAND UNDERTOOK AN INTERNAL REVIEW OF ITS SUPERVISORY POLICIES, PROCEDURES, ANDSYSTEMS RELATING TO THESE ISSUES. THE SANCTIONS BELOW REFLECT THE CREDIT THAT THEFIRM HAS BEEN GIVEN FOR SELF-REPORTING THESE ISSUES AND PROVIDING INFORMATIONOBTAINED AS A RESULT OF ITS INTERNAL INVESTIGATION TO FINRA |
| 10(e)(2)(vi). The disposition of the proceeding | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBEDSANCTIONS AND TO THE ENTRY OF FINDINGS, THEREFORE THE FIRM IS CENSURED AND FINED$60,000 |
Entity information Related to item 10(e)(2) Record: 37
| 10(e)(2)(i). The individuals named in the Action | Fidelity Brokerage Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of Fidelity Brokerage Services LLC |
| 10(e)(2)(iii). Date of Action | 11/13/2013 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBEDSANCTIONS AND TO THE ENTRY OF FINDINGS, THEREFORE THE FIRM IS CENSURED AND FINED$60,000. FINRA ACKNOWLEDGES THAT THE FIRM SELF-REPORTED THE ISSUES DESCRIBED HEREINAND UNDERTOOK AN INTERNAL REVIEW OF ITS SUPERVISORY POLICIES, PROCEDURES, ANDSYSTEMS RELATING TO THESE ISSUES. THE SANCTIONS BELOW REFLECT THE CREDIT THAT THEFIRM HAS BEEN GIVEN FOR SELF-REPORTING THESE ISSUES AND PROVIDING INFORMATIONOBTAINED AS A RESULT OF ITS INTERNAL INVESTIGATION TO FINRA |
| 10(e)(2)(vi). The disposition of the proceeding | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBEDSANCTIONS AND TO THE ENTRY OF FINDINGS, THEREFORE THE FIRM IS CENSURED AND FINED$60,000. |
Entity information Related to item 10(e)(2) Record: 38
| 10(e)(2)(i). The individuals named in the Action | Fidelity Brokerage Services LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of Fidelity Brokerage Services LLC |
| 10(e)(2)(iii). Date of Action | 11/26/2013 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | FINRA alleged that in seven transactions for or with a customer, FBS violated FINRA Rule 2010 and NASD Rule 2320 by failing to use reasonable diligence to ascertain the best inter-dealer market and by failing to provide a price to the customer that was as favorable as possible under prevailing market conditions. |
| 10(e)(2)(vi). The disposition of the proceeding | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS, THEREFORE THE FIRM IS CENSURED AND FINED $60,000. |
Entity information Related to item 10(e)(2) Record: 39
| 10(e)(2)(i). The individuals named in the Action | National Financial Services LLC |
| 10(e)(2)(ii). Title of Action | In the matter of National Financial Services LLC |
| 10(e)(2)(iii). Date of Action | 11/26/2013 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | CBOE |
| 10(e)(2)(v). Description of the Action | ON DECEMBER 11, 2013, THE BUSINESS CONDUCT COMMITTEE OF THE CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED ("THE EXCHANGE") ISSUED A STATEMENT OF CHARGES ALLEGING A VIOLATION OF EXCHANGE RULE 4.1 FOR THE FAILURE TO ESTABLISH AND MAINTAIN A UNIQUE LOGON ID FOR ACCESSING CBSX VIA A SERVICE BUREAU OR CONNECTIVITY PROVIDER AND CAUSING ORDERS TO BE EXECUTED THOUGH A LOGON ID THAT WAS NOT UNIQUE AS REQUIRED BY CBSX REGULATORY CIRCULAR 11 -151, FROM JANUARY 2, 2012 THROUGH FEB. 10, 2012. |
| 10(e)(2)(vi). The disposition of the proceeding | On April 3, 2014, NFS, without admitting or denying the violations alleged, agreed to the findings and to the imposition of a $5000 fine and censure. |
Entity information Related to item 10(e)(2) Record: 40
| 10(e)(2)(i). The individuals named in the Action | NATIONAL FINANCIAL SERVICES LLC |
| 10(e)(2)(ii). Title of Action | IN THE MATTER OF NATIONAL FINANICAL SERVICES LLC |
| 10(e)(2)(iii). Date of Action | 05/02/2014 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | DURING THE PERIOD OF JAN 1, 2009 THROUGH JULY 31, 2011 (TRADE REPORTING REVIEW PERIOD) AND ON TRADE DATES MAY 8 AND 9, 2012 (TMMS REVIEW PERIOD), NFS FAILED TO REPORT TO THE FINRA AND NASDAQ TRADE REPORTING FACILITY THE CORRECT SYMBOL INDICATING THE CAPACITY IN WHICH THE FIRM EXECUTED 93 TRANSACTIONS DURING THE TRADE REPORTING REVIEW PERIOD AND 20 TRANSACTIONS DURING THE TMMS REVIEW PERIOD IDENTIFIED FROM A SAMPLE OF TRANSACTIONS REVIEWED. THE FIRM REPORTED PRICINPAL CAPACITY WHEN IT ACTED AS AGENT IN VIOLATION OF FINRA RULE 7230A. |
| 10(e)(2)(vi). The disposition of the proceeding | WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, NFS ENTERED INTO A SETTLEMENT WITH FINRA IN THE FORM OF AN ACCEPTANCE, WAIVER AND CONSENT (AWC) AND AGREED TO THE FINDINGS AND TO THE IMPOSITION OF A CENSURE AND $55,000 FINE. |
Entity information Related to item 10(e)(2) Record: 41
| 10(e)(2)(i). The individuals named in the Action | NATIONAL FINANICAL SERVICES LLC |
| 10(e)(2)(ii). Title of Action | IN THE MATTER OF NATIONAL FINANCIAL SERVICES LLC |
| 10(e)(2)(iii). Date of Action | 05/02/2014 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NASDAQ |
| 10(e)(2)(v). Description of the Action | THE FIRM CONSENTED TO THE SANCTIONS AND TO THE ENTRY OF FINDINGS THAT DURING THE PERIOD JANUARY 1, 2009 THROUGH JULY 31, 2011 IT ENTERED ORDERS INTO THE NASDAQ MARKET CENTER THAT FAILED TO INDICATE THE CORRECT CAPACITY IDENTIFIED FROM A SAMPLE OF TRANSACTIONS REVIEWED. FOR THESE ORDERS, THE FIRM REPORTED A PRINCIPAL CAPACITY WHEN IT ACTED AS AGENT. AS A RESULT, THE FIRM VIOLATED NASDAQ RULE 4611(A)(6). |
| 10(e)(2)(vi). The disposition of the proceeding | WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, NFS ENTERED INTO A SETTLEMENT WITH NASDAQ IN THE FORM OF AN ACCEPTANCE, WAIVER AND CONSENT (AWC) AND AGREED TO THE FINDINGS AND TO THE IMPOSITION OF A CENSURE AND $10,000 FINE. |
Entity information Related to item 10(e)(2) Record: 42
| 10(e)(2)(i). The individuals named in the Action | FIDELITY BROKERAGE SERVICES LLC |
| 10(e)(2)(ii). Title of Action | In the Matter of FIDELITY BROKERAGE SERVICES LLC |
| 10(e)(2)(iii). Date of Action | 01/16/2015 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE SANCTIONS AND TO THE ENTRY OF FINDINGS THAT, AT VARIOUS TIMES FROM JANUARY 2006 TO SEPTEMBER 2013, EXCESS FEES WERE CHARGED TO 20,633 CUSTOMER ACCOUNTS, TOTALING APPROXIMATELY $2.4 MILLION. |
| 10(e)(2)(vi). The disposition of the proceeding | WITHOUT ADMITTING OR DENYING THE ALLEGATIONS, THE FIRM IS CENSURED AND FINED $350,000. IN DETERMINING THE APPROPRIATE SANCTIONS, FINRA CONSIDERED THE FIRM'S INTERNAL REVIEW THROUGH WHICH IT SELF-IDENTIFIED THE VIOLATIONS ADDRESSED IN THIS AWC. |
Entity information Related to item 10(e)(2) Record: 43
| 10(e)(2)(i). The individuals named in the Action | NATIONAL FINANCIAL SERVICES |
| 10(e)(2)(ii). Title of Action | IN THE MATTER OF NATIONAL FINANCIAL SERVICES LLC |
| 10(e)(2)(iii). Date of Action | 08/18/2015 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE SANCTION AND TO THE ENTRY OF FINDINGS THAT IT INCORRECTLY DESIGNATED THE TAPE ELIGIBLE FLAG OF "R" FOR REPORTS TO THE FINRA/NASDAQ TRADE REPORTING FACILITY (TRF) AND REPORTED THE INCORRECT RELATED MARKET CENTER INDICATOR CODE IN REPORTS TO THE FINRA/NASDAQ TRF. |
| 10(e)(2)(vi). The disposition of the proceeding | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE SANCTION OF A FINE OF $5,000 |
Entity information Related to item 10(e)(2) Record: 44
| 10(e)(2)(i). The individuals named in the Action | NATIONAL FINANCIAL SERVICES LLC |
| 10(e)(2)(ii). Title of Action | IN THE MATTER OF NATIONAL FINANCIAL SERVICES LLC |
| 10(e)(2)(iii). Date of Action | 08/18/2015 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | NASDAQ |
| 10(e)(2)(v). Description of the Action | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE SANCTION AND TO THE ENTRY OF FINDINGS THAT IT ENTERED EIGHT ORDERS INTO NASDAQ THAT FAILED TO CORRECTLY INDICATE WHETHER THE ORDERS WERE A BUY, SHORT SALE, SHORT EXEMPT OR LONG SALE. SPECIFICALLY, THE ORDERS WERE ENTERED AS SHORT WHEN THEY WERE SHORT EXEMPT. THIS CONDUCT VIOLATED NASDAQ RULE 4755. |
| 10(e)(2)(vi). The disposition of the proceeding | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE SANCTION OF A FINE OF $5,000 |
Entity information Related to item 10(e)(2) Record: 45
| 10(e)(2)(i). The individuals named in the Action | NATIONAL FINANCIAL SERVICES LLC |
| 10(e)(2)(ii). Title of Action | IN THE MATTER OF NATIONAL FINANCIAL SERVICES LLC |
| 10(e)(2)(iii). Date of Action | 08/25/2015 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | EDGA EXCHANGE, INC. |
| 10(e)(2)(v). Description of the Action | WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTED TO THE SANCTIONS AND TO THE ENTRY OF FINDINGS THAT IT ENTERED 56 ORDERS INTO EDGA THAT FAILED TO CORRECTLY INDICATE WHETHER THE ORDERS WERE A BUY, SHORT SALE, SHORT EXEMPT OR LONG SALE. SPECIFICALLY, THE ORDERS WERE ENTERED AS SHORT WHEN THEY WERE SHORT EXEMPT. THIS CONDUCT VIOLATED EDGA RULE 11.5. |
| 10(e)(2)(vi). The disposition of the proceeding | THE FIRM WAS CENSURED AND FINED $7,500. |
Entity information Related to item 10(e)(2) Record: 46
| 10(e)(2)(i). The individuals named in the Action | NATIONAL FINANCIAL SERVICES LLC |
| 10(e)(2)(ii). Title of Action | IN THE MATTER OF NATIONAL FINANCIAL SERVICES LLC |
| 10(e)(2)(iii). Date of Action | 09/30/2020 |
| 10(e)(2)(iv). The Court or body taking the Action and its location | FINRA |
| 10(e)(2)(v). Description of the Action | FINRA, ON BEHALF OF CBOE, FOUND THAT NATIONAL FINANCIAL SERVICES LLC FAILED TO IMPLEMENT, MAINTAIN, AND ENFORCE A WRITTEN PROCEDURE PROVIDING THE STEPS THE FIRM SHOULD TAKE IN THE EVENT AN OVERAGE WAS IDENTIFIED SO THAT THE FIRM COULD TAKE PROMPT ACTION TO BRING A POSITION INTO COMPLIANCE AND FOR FAILING TO HAVE A PROCESS TO PREVENT THE EXECUTION OF OPTION TRADES IN ACCOUNT IN WHICH THE FIRM HAD AN INTEREST THAT WOULD RESULT IN THE BREACH OF THE POSITION LIMIT. AS A RESULT, CBOE FOUND THAT NATIONAL FINANCIAL SERVICES LLC VIOLATED CBOE RULES 4.11 AND 4.24. |
| 10(e)(2)(vi). The disposition of the proceeding | NATIONAL FINANCIAL SERVICES LLC, WITHOUT ADMITTING OR DENYING THE FINDINGS, CONSENTED TO THE IMPOSITION OF THE FOLLOWING SANCTIONS: (1) CENSURE, AND (2) A MONETARY FINE IN THE AMOUNT OF $7,500 PAID ON OCTOBER 6, 2020. |
| 10(e)(3). found the applicant or a control affiliate to have been the cause of an investment-related business losing its authorization to do business? |
Yes
No
|
| 10(e)(4). disciplined the applicant or a control affiliate by expelling or suspending it from membership, by barring or suspending its association with other members, or by otherwise restricting its activities? |
Yes
No
|
| 10(f). Has any foreign government, court, regulatory agency or exchange ever entered an order against the applicant or a control affiliate related to investments or fraud? |
Yes
No
|
Entity information Related to item 10(f) Record: 1
| 10(f)(i). The individuals named in the Action | Fidelity Investments (Taiwan) Limited (FITL) |
| 10(f)(ii). Title of Action | In the matter of Fidelity Investments (Taiwan) Limited (FITL) |
| 10(f)(iii). Date of Action | 07/06/1999 |
| 10(f)(iv). The Court or body taking the Action and its location | Taiwan Securities and Futures Commission |
| 10(f)(v). Description of the Action | Notice of Sanction - the Taiwan Securities and Futures Commission alleged that FITL had provided Taiwan banks with material which included references to funds not registered in Taiwan. It was ordered that a vice president of FITL be discharged from his duties from 6th July, 1999 for five years. Subsequent amendments to the Securities and Exchanges Law in Taiwan reduced the period of discharge generally to three years, with the result that the discharge order specific to the vice president lapsed on 6th July, 2002. |
| 10(f)(vi). The disposition of the proceeding | FITL disputed the finding of the Taiwan Securities and Futures Commission prior to the receipt of the notice but obeyed the notice and discharged the vice president in question. |
Entity information Related to item 10(f) Record: 2
| 10(f)(i). The individuals named in the Action | Fidelity Investments International (FII) |
| 10(f)(ii). Title of Action | In the matter of Fidelity Investments International (FII) |
| 10(f)(iii). Date of Action | 05/01/2003 |
| 10(f)(iv). The Court or body taking the Action and its location | Conseil de Discipline de la Gestion Financiere, Paris France |
| 10(f)(v). Description of the Action | In May 2003 FII received a warning (avertisement) from the Conseil de Discipline de la Gestion Financiere (Financial Management Disciplinary Council) in France. The basis of the warning is that between 1994 and 1998 Fidelity Currency Funds were publicly offered in France before registration, even though there was no active marketing or promotion of the products at the time. No investors complaints were received. |
| 10(f)(vi). The disposition of the proceeding | FII disputed this but given that the funds in question have now been registered for public sale in France and the time that had expired it did not appeal the warning. |
Entity information Related to item 10(f) Record: 3
| 10(f)(i). The individuals named in the Action | Fidelity Management & Research Company |
| 10(f)(ii). Title of Action | In the matter of Fidelity Management & Research Company |
| 10(f)(iii). Date of Action | 09/08/2009 |
| 10(f)(iv). The Court or body taking the Action and its location | Securities and Exchange Board of India |
| 10(f)(v). Description of the Action | A consent order issued on September 8, 2009 by the Securities and Exchange Board of India (SEBI) contained an allegation, which Fidelity Management & Research Company (FMR Co.) neither admitted nor denied that FMR Co. violated regulation 10(c) of SEBI's Foreign Institutional Investor (FII) regulations (1995) by not providing timely notification to SEBI of a change in the name of an FII sub-account on whose behalf FMR Co. makes investments in India securities. |
| 10(f)(vi). The disposition of the proceeding | Order issued on September 8, 2009. Fine of 325,000 Rupees (approximately US $7,000) paid by FMR Co. to SEBI on August 6, 2009. |
Entity information Related to item 10(f) Record: 4
| 10(f)(i). The individuals named in the Action | FMR LLC |
| 10(f)(ii). Title of Action | In the matter of FMR LLC |
| 10(f)(iii). Date of Action | 02/24/2014 |
| 10(f)(iv). The Court or body taking the Action and its location | SWEDEN'S FINANSINSKEPTIONEN (THE "SFSA") |
| 10(f)(v). Description of the Action | ON FEBRUARY 24, 2014, FMR LLC, THE REGISTRANT'S ULTIMATE PARENT COMPANY, RECEIVED NOTICE FROM SWEDEN'S FINANSINSKEPTIONEN (THE "SFSA") THAT THE SFSA WAS ISSUING A FINE, EQUIVALENT TO APPROXIMATELY US$9,000, AGAINST FMR LLC BASED ON A FINDING THAT A NOTIFICATION OF A CHANGE IN SHAREHOLDINGS IN A SWEDISH CORPORATION, WHICH SHARES WERE HELD BY CLIENT ACCOUNTS MANAGED BY FMR LLC'S INVESTMENT ADVISORY SUBSIDIARIES, HAD BEEN MADE FOUR DAYS LATE. THE LATE NOTIFICATION WAS A RESULT OF INCORRECT DATA THAT HAD BEEN SUPPLIED TO FMR LLC'S FILING AGENT BY A THIRD-PARTY VENDOR. FMR LLC IS APPEALING THE SFSA'S DECISION. |
| 10(f)(vi). The disposition of the proceeding | FMR LLC SUBMITTED AN APPEAL TO THE ADMINISTRATIVE COURT ON MARCH 13, 2014 AND IS AWAITING FURTHER ACTION BY THE COURT. |
Entity information Related to item 10(f) Record: 5
| 10(f)(i). The individuals named in the Action | FMR LLC |
| 10(f)(ii). Title of Action | IN THE MATTER OF FMR LLC |
| 10(f)(iii). Date of Action | 04/14/2014 |
| 10(f)(iv). The Court or body taking the Action and its location | LUXEMBOURG'S COMMISSION DE SURVEILLANCE DU SECTEUR FINANCIER (THE CSSF) |
| 10(f)(v). Description of the Action | LUXEMBOURG'S COMMISSION DE SURVEILLANCE DUE SECTEUR FINANCIER (THE "CSSF") WAS ISSUING AN ADMINSTRATIVE FINE OF APPROXIMATELY US$5,000 AGAINST FMR LLC BASED ON THE FINDINGS THAT FMR LLC, FOR SHARES HELD BY CLIENT FUNDS AND ACCOUNTS MANAGED BY FMR LLC'S INVESTMENT ADVISORY SUBSIDIARIES, FAILED TIMELY TO COMPLY WITH THE DEADLINES FOR THE NOTIFICATION OF MAJOR SHAREHOLDINGS IN A LUXEMBOURG BASED COMPANY PROVIDED FOR BY ARTICLE 11(2) OF THE TRANSPARANCY LAW. |
| 10(f)(vi). The disposition of the proceeding | ON APRIL 14, 2014, FMR LLC, THE REGISTRANT'S ULTIMATE PARENT COMPANY, RECEIVED NOTICE FROM LUXEMBOURG'S COMMISSION DE SURVEILLANCE DU SECTEUR FINANCIER (THE "CSSF") THAT THE CSSF WAS ISSUING AN ADMINSTRATIVE FINE OF APPROXIMATELY US$5,000 AGAINST FMR LLC. |
Entity information Related to item 10(f) Record: 6
| 10(f)(i). The individuals named in the Action | FMR LLC |
| 10(f)(ii). Title of Action | IN THE MATTER OF FMR LLC |
| 10(f)(iii). Date of Action | 04/21/2014 |
| 10(f)(iv). The Court or body taking the Action and its location | HELLENIC REPUBLIC CAPITAL MARKET COMMISSION (THE "HCMC") |
| 10(f)(v). Description of the Action | FMR LLC, THE REGISTRANT'S ULTIMATE PARENT COMPANY, RECEIVED NOTICE FROM THE HELLENIC REPUBLIC CAPITIAL MARKET COMMISSION (THE "HCMC") THAT THE HCMC WAS ISSUING A FINE, EQUIVALENT TO APPROXIMATELY $6,300, AGAINST FMR LLC BASED ON A FINDING THAT, IN 2007, FMR LLC, FOR SHARES HELD BY CLIENT FUNDS AND ACCOUNTS MANAGED BY FMR LLC'S INVESTMENT ADVISORY SUBSIDIARIES, FAILED TO TIMELY DISCLOSE A LARGE SHAREHOLDING IN A GREEK LISTED ISSUER TO THE HCMC AND TO THE ISSUER, AS PROVIDED FOR BY CERTAIN ARTICLES OF LAWS 3556/2007. |
| 10(f)(vi). The disposition of the proceeding | ON APRIL 21, 2014, FMR LLC, THE REGISTRANT'S ULTIMATE PARENT COMPNAY, RECEIVED NOTICE FROM THE HELLENIC REPUBLIC CAPTIAL MARKET COMMISSION (THE "HCMC") THAT THE HCMC WAS ISSUING A FINE, EQUIVALENT TO APPROXIMATELY $6,300. |
| 10(g). Is the applicant or a control affiliate now the subject of a proceeding that could result in a yes answer for questions 10(a) – 10(f) ? |
Yes
No
|
| 10(h). Has a bonding company denied, paid out on, or revoked a bond for the applicant or a control affiliate? |
Yes
No
|
| 10(i). Does the applicant or a control affiliate have any unsatisfied judgments or liens against it? |
Yes
No
|
TA-1/A : Signature
ATTENTION: INTENTIONAL MISSTATEMENTS OR OMISSIONS OF FACT CONSTITUTE FEDERAL CRIMINAL VIOLATIONS. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a) SIGNATURE: The registrant submitting this form, and as required, the SEC supplement and Schedules A-D, And the executing official hereby represent that all the information contained herein is true, correct and complete.| 11(a). Signature of Official responsible for Form: | Amy DeVasto |
| 11(b). Telephone Number: | 401-292-6071 |
| 11(c). Title of Signing Officer: | Chief Compliance Officer Transfer Agent |
| 11(d). Date Signed (Month/Day/Year): | 05/01/2024 |