Thirdly, the amendment transforms the submission agreement into a FINRA-specific agreement: secondly, the amendment requires the parties to indicate in what capacity they sign the agreement. Since the bid agreement is a contract between the parties and the arbitral tribunal, finra must ensure that the parties entering into the agreement have the power or authority to sign the agreement. In cases where the person signing the contract is not natural, for example. B an agent of an estate, the party must sign the agreement in his capacity, so that finally can determine, on the basis of the application and other supporting information, whether he has the right to conclude the agreement. Capacity of the State, if not individually (e.g. executors, administrators, business leaders) On 9 February 22, 2009, an amendment to the deposit agreement and related rules of the arbitration regulations applicable to customer and industry disputes will come into force and apply to claims filed on or after 9 February 2009.1 The amendment: . A new language is underlined; Language removed in parentheses. . First, finra amends Section 2 of the Bidding Agreement to allow the parties to confirm that they or their representatives read the relevant procedures and rules and that the parties agree to be bound by them.
The current filing agreement requires the parties to do this certification and does not allow representatives to do so. The change reflects current practice in the forum, where investors represented by lawyers rely on their lawyers or other representatives to know and read the rules. The amendment therefore better reflects what the parties confirm in the execution of the bid agreement. However, the rule specifies that the parties themselves remain bound by the procedures and rules, whether they read them personally or not. The amendment of the deposit agreement and the rules related to it:. . . The amendment comes into force on February 9, 2009 and applies to claims filed on or after February 9, 2009. The term “Uniform Submission Agreement” means the FINRA [Uniform] Submission Agreement. The FINRA [Uniform] Submission Agreement is a document that parties must sign at the beginning of an arbitration proceeding in which they agree to submit to arbitration under the Code. The filing agreement is a document that the plaintiff and the defendant (hereinafter referred to as “the party”) must sign before initiating arbitration proceedings. Rule 12302 (a) of the Arbitration Rules for Customer Disputes (Customer Code) and Rule 13302 (a) of the Arbitration Rules for Interprofessional Disputes (Interprofessional Code) require a claimant to file a signed and dated filing contract and a legal claim to initiate arbitration proceedings.
Similarly, Rules 12303(a) and 13303(a) require a respondent to send to any other party, within 45 days of receipt of the application, a signed and dated filing agreement and a response. By signing the Submission Agreement, the parties agree to submit to arbitration and to be bound by FINRA`s arbitration procedures and rules as well as any arbitral award that may be rendered by the arbitrator(s). . Customer Dispute Arbitration Rules and Industry Dispute Arbitration Questions relating to this communication should be directed to Richard W. Berry, FinRA Dispute`s Vice President and Director of Case Administration, Resolution, at (212) 858-4307 or [email protected]; or Mignon McLemore, Deputy Senior Advisor, FINRA DISPUTE RESOLUTION, at (202) 728-8151 or [email protected]. Name of the requérants____________________________(s).