03/04/2005
All Exchange rules containing service provisions (including NYMEX Rule 8.02, Business Conduct Committee; Rule 8.04, Complaint; Rule 8.57A, Retention of Jurisdiction Over Former Members and Member Firms; and Rule 8.59, Extent Jurisdiction) were amended to include all of the methods of service that could appropriately be used to give an investigation Subject or Respondent adequate notice of relevant proceedings, including personal delivery, first class or certified mail, or recognized overnight delivery service at the last address filed with the Exchange.
Additionally, Rules 8.57A and 8.59 concerning continuing jurisdiction of the Exchange over former Members, Member Firms, their employees, and other relevant persons, have been amended to clarify that notice of retention of jurisdiction need not be served after the termination of a Subject's membership or employment if the former Member, employee or other person was previously notified of the pending matter in writing or during a recorded interview. This would include prior service of a request for trading records or an interview, or service of an Investigative Report. The changes also extend the period of time within which such notice must be served on a former Member to one year, consistent with the period for service of such notice on a former employee of a Member. To view these amendments, click here.