No broker or dealer acting as agent for a customer may
effect any transaction in, induce or attempt to induce the purchase or sale
of, or direct orders for
purchase or sale of, any NMS stock or a security authorized for quotation on
an automated inter-dealer quotation system that has the characteristics set
forth in section 17B of the Act, unless such broker or dealer informs such
customer, in writing, upon opening a
new account and on an annual basis thereafter, of the following:
The broker’s or dealer’s policies regarding
receipt of payment for order flow from any broker or dealer, national securities
exchange, national securities association, or exchange member to which it routes
customers’ orders for execution, including a statement as to whether
any payment for order flow is received for routing customer orders and a detailed
description of the nature of the compensation received; and
The broker’s or dealer’s policies for determining where to route
customer orders that are the subject of payment for order flow absent specific instructions
from customers, including a description of the extent to which orders can be executed at prices
superior to the national best bid and national best offer.
Exemptions. The Commission, upon request or upon its
own motion, may exempt by rule or by order, any broker or dealer or any class
of brokers or dealers, security or class of securities from the requirements
of paragraph (a) of this section with respect to any transaction or class of
transactions, either unconditionally or on specified terms and conditions,
if the Commission determines that such exemption is consistent with the pubic
interest and the protection of investors.
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