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SEC v PERPETUAL SECURITIES, INC. REL. NO. 34-48433 Click to find out why . . .



Keywords & Phrases
CaseNo: 34-48433, Defendant: Perpetual Securities, Inc. Rel. No. 34-48433, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-48433, Award, Arbitration, Nasd, Suspension, Vacate, Securities, Motion, Exchange Act, Pay, Appeals, District, Bankruptcy, Proceeding, Firm, Arbitration Claimants, Commission, Matter, Review, Effectiveness, Paid, Jurisdiction, United States, Payment, Second Circuit, Dismiss, Confirmation, Accordance, Purposes , ContentID: 120255934

Case Documents
1 2003-09-03 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 133224
7 pages
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Total Documents: 1 document , 7 pages
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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
ARBITRATION
NASD
SUSPENSION
VACATE
COURT
SECURITIES
MEMBER
MOTION
EXCHANGE ACT
PAY
APPEALS
DISTRICT
BANKRUPTCY
PROCEEDING
FIRM
ARBITRATION CLAIMANTS
COMMISSION
MATTER
REVIEW
EFFECTIVENESS
PAID
JURISDICTION
UNITED STATES
PAYMENT
SECOND CIRCUIT
DISMISS
CONFIRMATION
ACCORDANCE
PURPOSES
                     SECURITIES AND EXCHANGE COMMISSION
                              Washington, D.C.

SECURITIES EXCHANGE ACT OF 1934
Rel. No. 48433 / September 3, 2003

Admin. Proc. File No. 3-10958
     _________________________________________________________________

   In the Matter of the Application of

   PERPETUAL SECURITIES, INC.
   c/o Kevin K. Tung, Esq.
   30-09 Main Street, Suite 6A
   Flushing, NY 11354

   For Review of Action Taken by the

   NASD
     _________________________________________________________________

   OPINION OF THE COMMISSION

   REGISTERED SECURITIES ASSOCIATION -- REVIEW OF
   INDEFINITE SUSPENSION

   Member firm of registered securities association failed to pay in full
   an arbitration award. Association suspended firm's membership
   indefinitely until the firm submits proof that it has satisfied or
   discharged the obligation, the parties have agreed to modify the
   award, the arbitration award has been modified or vacated by a court,
   or the award is the subject of a bankruptcy petition or has been
   discharged in bankruptcy. , appeal proceedings are .

   APPEARANCES

   , for Perpetual Securities, Inc.

   , , and , for NASD

   Appeal filed November 29, 2002
   Last brief received March 12, 2003

I.

   Perpetual Securities, Inc., an NASD member firm, seeks review of NASD
   action. NASD suspended Perpetual's registration indefinitely pursuant
   to Article VI, Section 3 of the NASD By-Laws and NASD Procedural Rule
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • REGISTERED SECURITIES ASSOCIATION -- REVIEW OF INDEFINITE SUSPENSION
  • Member firm of registered securities association failed to pay in full an arbitration award.
  • Association suspended firm's membership indefinitely until the firm submits proof that it has
  • ,, and, for NASD
  • The suspension is effective until Perpetual submits proof that it has paid the arbitration
  • On November 14, 2000, an NASD arbitration panel issued an award holding Perpetual liable for
  • Perpetual filed a motion to vacate the arbitration award with the U.S. District Court for the
  • The court denied Perpetual's motion to vacate the arbitration award holding that it did not
  • On appeal, the U.S. Court of Appeals for the Second Circuit issued an opinion on May 9, 2002
  • In a letter dated June 24, 2002, Perpetual's attorney advised NASD of the Second Circuit's
  • The attorney asserted that, since the claimants had failed to confirm the award in a court of
  • Our review of Perpetual's appeal is governed by Section 19of the Securities Exchange Act of
  • it is uncontroverted that Perpetual did not pay the arbitration award and it is further
  • Rule 9511of the NASD's Code of Procedure provides for a proceeding to suspend the membership
  • we find thatNASD proceeded against Perpetual in accordance with its rules.
  • We lastly conclude that the NASD rules at issue are, and were, applied in a manner consistent
  • Authorizing the assessment of interest for awards not paid within 30 days also serves the
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