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Difficulty: Very hardGifts, Gratuities, Political Contributions, and Outside Business Activities

An associated person of a broker-dealer who is designated as a Municipal Finance Professional (MFP) is reviewing four planned actions for the upcoming year:

I. Earning 600amonthcoachingayouthsportsteamonweekendsaftersubmittingpriorwrittennoticetotheemployingmemberfirm.II.Giftinga600 a month coaching a youth sports team on weekends after submitting prior written notice to the employing member firm. II. Gifting a 75 customized desktop clock to an institutional customer where the representative does not attend any event with the recipient.
III. Contributing 200tothecampaignofanissuercandidaterunningformayorinanadjacentmunicipalitywheretheMFPisnotentitledtovote.IV.Takinganexistingclienttoadinnervaluedat200 to the campaign of an issuer candidate running for mayor in an adjacent municipality where the MFP is not entitled to vote. IV. Taking an existing client to a dinner valued at 250 per person, where the representative personally hosts and attends the meal with the client.

Which of these planned actions results in a regulatory violation that triggers a mandatory two-year ban on negotiated municipal securities business with the issuing municipality?

  1. Contributing $200 to the candidate's campaign in a municipality where the MFP is not entitled to voteAnswer
  2. B
    Taking the client to a dinner valued at $250 per person while personally hosting and attending the meal
  3. C
    Gifting the $75 customized desktop clock to an institutional customer without attending an event
  4. D
    Earning $600 a month coaching a youth sports team after submitting prior written notice to the firm

Answer

Contributing $200 to the candidate's campaign in a municipality where the MFP is not entitled to vote
Under MSRB Rule G-37, a Municipal Finance Professional (MFP) may only make political contributions up to 250perelectioncycletoanofficialofanissueriftheMFPisentitledtovoteforthatofficial.BecausetheMFPresidesinanadjacentmunicipalityandcannotvoteforthecandidate,the250 per election cycle to an official of an issuer if the MFP is entitled to vote for that official. Because the MFP resides in an adjacent municipality and cannot vote for the candidate, the 250 de minimis exemption does not apply. Consequently, contributing $200 triggers an automatic two-year ban on negotiated municipal securities business between the MFP's firm and that issuer.

Step-by-Step Solution

1
Analyze MSRB Rule G-37 pay-to-play provisions and exemptions
Identified that MFPs are restricted from making political contributions to municipal issuer officials if the firm engages in negotiated municipal business.
MSRB Rule G-37 prevents broker-dealers from securing municipal business through political contributions.
2
Evaluate the voting entitlement requirement for the de minimis exception
The $250 de minimis exception per election applies strictly to candidates for whom the MFP is eligible to vote.
If an MFP cannot vote for the candidate, any contribution (even under $250) is a violation.
3
Determine the consequence of the non-voter contribution
A $200 contribution by a non-voter MFP triggers an immediate, mandatory 2-year prohibition on negotiated municipal business with that issuer.
The prohibition is automatic upon violation of G-37 contribution rules.

Key Concept

MSRB Rule G-37 Political Contribution Limits and Voting Restrictions
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Topics

Gifts, Gratuities, Political Contributions, and Outside Business Activities