December 28, 2005
Anthony W. Djinis, Esq.
Dear Messrs. Djinis, Landauer and D'Arrigo:
In your letter of December 23, 2005, on behalf of GlobalTec Solutions, LLP ("GlobalTec") and its subsidiary CommandTRADE, LP ("CommandTRADE") you request assurance that the staff of the Division of Market Regulation ("Staff") will not recommend enforcement action to the Commission under Section 15(a) of the Securities Exchange Act of 1934 ("Exchange Act") if GlobalTec and CommandTRADE engage in the activities described in your letter without registering as broker-dealers under Section 15(b) of the Exchange Act.
Based on the facts and representations set forth in your letter, the Staff will not recommend enforcement action to the Commission under Section 15(a) of the Exchange Act if GlobalTec and CommandTRADE engage in the activities you describe without registering as broker-dealers. We note in particular your representations that neither GlobalTec nor CommandTRADE controls, is controlled by, or is under common control with a registered broker-dealer and that neither will (i) charge fees to users or participating broker-dealers based, directly or indirectly, on (or retroactively modified as the result of) the size, value, or occurrence of any securities transactions that have taken place or are expected to take place in the future, or the amount of money deposited or maintained in the user's brokerage account; (ii) hold or have access to customer funds or securities; (iii) be involved in any way with the execution, settlement, or clearance of transactions, including by soliciting, processing, or facilitating transactions in any way (other than by providing the functionality of order transmission), or matching orders or making decisions about routing orders (including decisions regarding the participating broker-dealers to whom orders are sent); (iv) solicit the opening of brokerage accounts or open customer accounts, send out customer statements or transaction confirmations, or handle any other aspect of users' accounts with participating broker-dealers; (v) answer questions, engage in negotiations, or provide assistance to customers in resolving problems with a particular broker-dealer or with respect to particular transactions with a participating broker-dealer; (vi) recommend the purchase or sale of or otherwise provide investment advice with respect to any particular security; (vii) screen counterparties for creditworthiness or arrange for or provide credit to users in connection with securities transactions; (viii) discriminate between or among participating broker-dealers; or (ix) make any recommendation to users or prospective users regarding participating broker-dealers (other than by providing a list of broker-dealers).
This position is based on the facts presented and the representations you have made, and any different facts, including any change in the operation of the CT Platform, as defined in your letter might require a different response. Furthermore, this response only expresses the Staff's position on enforcement action and does not purport to express any legal conclusions on the question presented.
Brian A. Bussey