MSRB: Dealers May Want to File System-Failure Reports

WASHINGTON — Market participants whose electronic systems have been affected by Hurricane Sandy may want to notify the Municipal Securities Rulemaking Board.

In an alert posted on the MSRB's website, the board is reminding dealers that they may report, through the board's "MSRB Gateway" system, any technology problems that affect their ability to comply with MSRB rules.

The alert links to a Sept. 27 MSRB notice that says dealers may use the system, which has been running since Oct. 1, to submit, modify and track reports of technology outages and other technology-related problems.

The new system replaces procedures established in 2005 for reporting technology problems.

The notice reminds dealers that MSRB rules do not require them to report system outages, but says enforcement agencies may consider "documented technological disruptions as mitigating factors" when examining MSRB rule violations.

The board said it shares the reports with the Financial Industry Regulatory Authority and other enforcement agencies.

Types of technology problems dealers may report through the system include those that prevent them from submitting timely and accurate trade reports to the MSRB's Real-Time Transaction Reporting system or from submitting documents about new municipal securities issues to the board's EMMA system.

Problems may also include those that prevent dealers from reporting current interest rates for variable-rate securities, of from submitting variable-rate security documents to the board's Short-term Obligation Rate Transparency system.

Dealers who submit reports should specify which regulations the outage affects, dates and times that the problem started and was detected, a description of the system and an overview of the scope of the problem and the expected impact.

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Law and regulation Washington
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