Derivative Financial Instruments Relating to Banks and Financial Institutions: Hearings Before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Fourth Congress, First Session ... January 5 and 6, 1995, Volume 4

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Page 65 - In recommending to a customer the purchase, sale or exchange of any security, a member shall have reasonable grounds for believing that the recommendation is suitable for such customer upon the basis of the facts, if any, disclosed by such customer as to his other security holdings and as to his financial situation and needs.
Page 53 - ... untrue statement of a material fact, or any omission to state a material fact necessary in order to make the statements made (in light of the circumstances...
Page 259 - With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims...
Page 61 - What the standard does contemplate is a showing of a substantial likelihood that, under all the circumstances, the omitted fact would have assumed actual significance in the deliberations of the reasonable shareholder. Put another way, there must be a substantial likelihood that the disclosure of the omitted fact would have been viewed by the reasonable investor as having significantly altered the "total mix" of information made available.8* Id., 426 US at 449, 96 S.Ct.
Page 61 - (f) No provision in this Part shall apply to, or be deemed to include, the United States, a State or any political subdivision of a State, or any agency, authority, or instrumentality of any one or more of the foregoing, or any corporation which is wholly owned, directly or indirectly, by any one or more of the foregoing, or any officer, agent, or employee of any of the foregoing acting as such in the course of his official duty, unless such provision makes specific reference thereto.
Page 57 - Department of the Treasury, Securities and Exchange Commission, Board of Governors of the Federal Reserve System, Joint Report on the Government Securities Market (January 1992). The ability of...
Page 53 - An omitted fact is material if there is a substantial likelihood that a reasonable shareholder would consider it important in deciding how to vote.
Page 51 - Public Utility Holding Company Act of 1935", and "Trust Indenture Act of 1939" mean those Acts, respectively, as heretofore or hereafter amended. (b) No provision in this title shall apply to, or be deemed to include, the United States, a State, or any political subdivision of a State, or any agency, authority, or instrumentality of any one or more of the foregoing, or any corporation which is wholly owned directly or indirectly by any one or more of the foregoing, or any officer, agent, or employee...
Page 55 - G- 13 prohibits the dissemination of a quotation relating to municipal securities unless the quotation represents a bona fide bid for, or offer of, municipal securities, and the quotation is based on the dealer's best judgment of the fair market value of the securities. The MSRB's rules do not require municipal securities brokers or dealers to disseminate firm quotations or last sale reports.
Page 51 - Government of the United States, a State, or any political subdivision of a State, or any agency, authority, or instrumentality of any one or more of the foregoing ; or "(2) to make any contribution to or in support of any political party or any committee or agency thereof. "The term 'contribution...

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