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GAO-11-221R 1 (2010-11-23)

handle is hein.gao/gaobadxdg0001 and id is 1 raw text is: 


   I
   GA0
T I   M Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-321201


          November 23, 2010

          The Honorable Christopher J. Dodd
          Chairman
          The Honorable Richard C. Shelby
          Ranking Member
          Committee on Banking, Housing, and Urban Affairs
          United States Senate

          The Honorable Barney Frank
          Chairman
          The Honorable Spencer Bachus
          Ranking Member
          Committee on Financial Services
          House of Representatives

          Subject: Securities and Exchange Commission: Risk Management Controls for
                  Brokers or Dealers With Market Access

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Securities and Exchange Commission (Commission),
          entitled Risk Management Controls for Brokers or Dealers With Market Access
          (RIN: 3235-AK53). We received the rule on November 5, 2010. It was published in
          the Federal Register as a final rule on November 15, 2010, with a stated effective date
          of January 14, 2011. 75 Fed. Reg. 69,792.

          The final rule will require brokers or dealers trading securities directly on an
          exchange or on an alternative trading system (ATS) to establish, document, and
          maintain a system of risk management controls and supervisory procedures. These
          procedures are, among other things, to be reasonably designed to systematically
          limit the financial exposure of the broker or dealer that could arise as a result of
          market access, and ensure compliance with all regulatory requirements that are
          applicable in connection with market access. The required financial risk
          management controls and supervisory procedures must be reasonably designed to
          prevent the entry of orders that exceed appropriate pre-set credit or capital
          thresholds, or that appear to be erroneous. The regulatory risk management
          controls and supervisory procedures must also be reasonably designed to prevent
          the entry of orders unless there has been compliance with all regulatory
          requirements that must be satisfied on a pre-order entry basis, prevent the entry of


GAO-11-221R

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