The Division of Trading and Markets, Office of Chief Counsel is seeking an Attorney-Broker-Dealer Status and Regulation (Attorney-Adviser) for its Office of Broker-Dealer Interpretation (OBDI). OBDI is responsible for a range of broker-dealer status and other regulatory issues affecting market intermediaries, including issues related to the application of the federal securities laws to crypto assets and other novel issues, products, and technologies, including multi-share exchange-traded funds.
Applicants are responsible for confirming all required materials are submitted by the closing date of the announcement. Please check the How You Will Be Evaluated and Required Documents sections carefully, as missing documents will render the application incomplete and ineligible for review. Qualifying experience may be obtained in the private or public sector. Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional, philanthropic, religious, spiritual, community, student, social). Volunteer work helps build critical competencies, knowledge, and skills and can provide valuable training and experience that translates directly to paid employment. You will receive credit for all qualifying experience, including volunteer experience. All qualification requirements must be met by the closing date of this announcement. BASIC REQUIREMENT: All applicants must possess the following: J.D. or LL.B. degree --AND-- Active membership of the bar in good standing in any state, territory of the United States, the District of Columbia, or the commonwealth of Puerto Rico. (Note: proof of bar membership will be required before entry on duty. MINIMUM QUALIFICATION REQUIREMENT: In addition to meeting the basic requirement, applicants must also meet the minimum qualification requirement. SK-14: Applicant must have three years of post J.D. experience identifying legal issues, providing legal analyses, providing legal solutions/recommendations, and preparing legal documents, such as filings, memoranda, contracts, pleadings, and motions, which also includes at least two years of either: Interpreting, applying, and explaining the provisions of the laws, rules, and regulations that govern the securities industry, in particular, the Securities Exchange Act of 1934, and related self-regulatory organization rules; OR Developing and justifying recommendations or conclusions related to federal, state, or local law regarding financial institutions, including experience gained through relevant litigation or enforcement activities, or similar experience in an area such as banking, commodities, or corporate. ACCOMPLISHMENT RECORD COMPETENCIES: Your Accomplishment Record narratives should address the following competencies. See the How You Will Be Evaluated section below for more information: Rule Development: Prepares recommendations for rules that meet desired policy objectives within the Commission's statutory authority or that implement legislation. Legal and Regulatory Analysis: Conducts analysis and prepares documents and reports in compliance with Federal law that governs the rulemaking process. Teamwork and Collaboration: Interacts with internal and external others in a manner that advances SEC goals and objectives. Critical Thinking: Considers a variety of factors, general and subject matter-specific, when making decisions and determining next steps in a case.
As an Attorney - Broker-Dealer Status and Regulation, your work may involve assisting with SEC rulemakings, Self-Regulatory Organization (SRO) rule filings, providing advice to senior management and other offices, and representing the agency in discussions with external parties. The successful applicant will display a high level of initiative and commitment towards completing assignments in a timely manner and will be independently motivated to achieve results. In this role as an Attorney - Broker-Dealer Status and Regulation, you will be responsible for: Assisting and providing support and advice regarding TM's oversight of broker-dealers and other market participants. Analyzing questions relating to broker-dealer status and applicable regulatory obligations that may arise across a range of business models and activities, including brokers, dealers and government securities dealers, "finders," "M&A Brokers," online platforms, crowdfunding intermediaries, technology providers and personal services entities, as well as potential overlap with other regulated entities such as investment advisers and municipal advisors. Participating in the development and implementation of regulatory initiatives, including Commission rulemaking, and other Commission or staff initiatives implicating Section 15(a) of the Securities Exchange Act of 1934 ("Exchange Act") and related regulatory obligations. Providing guidance and analyzing questions regarding the application of the Exchange Act and the rules thereunder to activities related to exchange-traded funds (ETFs). Developing and preparing guidance and facilitating action on complex legal and policy issues arising from the interpretation and application of the federal securities laws and the rules and regulations promulgated thereunder. Reviewing, analyzing, and interpreting new legislative initiatives, Congressional mandates, Commission or Court decisions, actions taken by other regulators, and other events that may affect the securities markets and that implicate various sections of the Exchange Act. Consulting and coordinating with other regulators, SROs, broker-dealers, and other financial market participants, as well as other staff in the Commission and TM as necessary and appropriate to complete assignments.