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Stock Market Regulations and Regulators

Who Regulates The US Stock Markets?
With the recent corporate scandals involving Enron and WorldCom, and the settlement by 10 investment banks on grounds that they may have been recommending buy and sell recommendations for stocks where they had a conflict of interest issue, it is really hard to believe that anyone is regulating the US stock markets. In fact, nothing could be further from the truth – a very detailed and complex regulatory system is in place to watch out for the interests of investors in the US stock markets.

Congress
Congress is the top dog when it comes to who is regulating the US stock markets. Congress has passed most major laws associated with US stock exchanges; such as the Securities Act of 1933 and, more recently, the Accounting Reform and Investor Protection Act of 2002 (more commonly known as the ‘Sarbanes-Oxley’ Act after the Congressmen who sponsored the act).

In addition to setting the laws by which the US stock exchanges are regulated, Congress also has overall control of the budget of Securities and Exchange Commission and other federal and other associated agencies.

The Securities and Exchange Commission
The Securities and Exchange Commission (SEC) is the top regulatory body overseeing the US stock markets. The SEC registers all new securities being listed on US stock markets and manages, ensures, and enforces that US listed corporations submit their filings in a timely manner.

The SEC can also veto any application submitted to issue securities on the US stock markets.

National Association of Securities Dealers
Following the SEC in the regulatory pecking order is the National Association of Securities Dealers. The National Association of Securities Dealers is a self-regulatory body that oversees the practices of securities dealers. In the event that any securities dealer passes the National Association’s examination, they’ll be issued a license to sell securities. Conversely, if any securities dealer is seen to have acted improperly, the National Association can revoke or suspend the dealer’s license.

State Legislators
Although they may not feel that they are so low down in the pecking order of who regulates US stock markets, it is a commonly held belief that State legislators are next in line. In most cases, state legislators regulate how securities may be sold in their state – and this is especially true if the issuing entity is registered in that State.

Brokerage Houses
Last in the long line of authorities who regulate the US stock markets are the brokerage houses themselves. Most brokerage houses have a good reputation that they need to keep of they want to stay in business. As such, many have in place internal regulations and rules that are as strict, if not stricter, than the rules set by all of the above regulators.

Who Do I Go To If I Have A Complaint?
Obviously, who you go to if you have a complaint to make will very much depend on the nature of your complaint. Nonetheless, generally speaking you should address your initial complain to the National Association of Securities Dealers, who will then liaise with the brokerage house to see whether your complaint has merit or not. However, if you think your complaint may be more a technical issue within your State, you may wish to address your initial complaint to your local State legislators.

 

 

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