SECURITIES AND EXCHANGE SURVEILLANCE COMMISSION
Press Release |
May 26, 2000
The Securities and Exchange
Surveillance Commission (SESC) conducted the inspection of BNP Paribas
Securities (Japan) Limited, Tokyo Branch (BNP Paribas) based on the provisions
of the Law on Foreign Securities Firms (LFSF) and found legal violations
described below.
SESC sent the recommendation to the
Financial Reconstruction Commission (FRC) and the Commissioner of Financial
Supervisory Agency to take disciplinary action against BNP Paribas pursuant to
Article 29(1) of FRC Establishment Law on May 26, 2000.
(1) Solicitation with promise of special profit.
i) Between September 1997 and July
1998, with the involvement of the managing director of the derivative marketing
group, BNP Paribas solicited the plural of corporate customers with promises to
avoid realizing a redemption loss of a note which the customers purchased
before, by the scheme in which the note would be amended mainly to defer its
redemption loss. The value of the note that was just before redemption was
almost nothing.
ii) Between April 1994 and January 1996,
with the involvement of the manager of the Tokyo branch, BNP Paribas solicited a
customer (a securities investment advisor) with a promise to give rebate for
orders from the customer under the pretext of giving advisory fee.
(Violation of LFSF 17(1), which is the law before the amendment in 1998)
(2) Conclusion of discretionary trading account transaction contracts.
Between December 1999 and February 2000, BNP
Paribas had received orders from some customers and conducted transactions of
stocks after concluding contracts that allowed Paribas to determine the price of
transactions.
(Violation of LFSF 14(1))