Ironbridge Securities operates a networking arrangement in the lobby of Hartwell Community Bank. Which practice would NOT be permitted?
Show answer & explanation
Answer: D
Conducting brokerage business in an area set apart from the teller windows: Incorrect. Rule 3160(a)(2) requires the broker-dealer's services to be physically separate from routine deposit-taking where practicable, so this is permitted.
Displaying the Ironbridge name clearly so customers can tell it apart from the bank: Incorrect. Rule 3160 requires the member to be clearly identified as the provider of the brokerage services, so this is permitted.
Paying unregistered bank staff a nominal, fixed one-time fee for each referral: Incorrect. The networking exception in Exchange Act Section 3(a)(4)(B)(i)(VI), as defined in Regulation R Rule 700, permits a nominal one-time cash fee of a fixed amount that does not depend on whether a transaction results.
Paying tellers a referral fee equal to a share of referred customers' commissions: Correct. Under the networking exception (Exchange Act Section 3(a)(4)(B)(i)(VI) and Regulation R Rule 700), unregistered bank employees may receive only nominal, one-time fixed referral fees not contingent on a transaction; a share of commissions is transaction-based. Rule 3160 itself only requires the written agreement to set out the compensation arrangements.
Rule 3160 governs the setting, disclosures and written agreement (which must set out compensation); the limit of nominal, fixed, non-transaction-based referral fees for unregistered bank staff comes from the Exchange Act networking exception and Regulation R.