12302. Filing and Serving an Initial Statement of Claim

(a) Filing Claim with the Director

To initiate an arbitration, a claimant must file the following with the Director:

(1) Signed and dated Submission Agreement; and

(2) A statement of claim specifying the relevant facts and remedies requested.

The claimant may include any additional documents supporting the statement of claim.

(b) Fees

At the time the statement of claim is filed, the claimant must pay all required filing fees by credit card or automated clearing house (ACH) through the Party Portal unless the party is a pro se customer who opts out of using the Party Portal as provided in Rule 12300(a).

(c) Service by Director

Unless the statement of claim is deficient under Rule 12307, the Director will effect service as follows:

(1) the Director will send the Claim Notification Letter to all non-customer respondent(s) pursuant to Rule 12302; and

(2) the Director will send the Claim Notification Letter along with a copy of the Submission Agreement, the statement of claim, and any additional materials filed by the claimant, to each customer respondent. The Director will inform the customer that if the customer is pro se, the customer is not required to use the Party Portal; and

(3) the Director will send a copy of the Submission Agreement, the statement of claim, and any additional materials filed by the claimant to each arbitrator by first-class mail, overnight mail service, overnight delivery service, hand delivery, email, facsimile, or through the Arbitrator and Mediator Portal, once the panel has been appointed.

Amended by SR-FINRA-2016-029 eff. April 3, 2017.
Amended by SR-FINRA-2010-050 eff. Sep. 27, 2010.
Amended by SR-FINRA-2008-031 eff. Feb. 9, 2009.
Amended by SR-FINRA-2008-021 eff. Dec. 15, 2008.
Amended by SR-FINRA-2007-042 eff. Dec. 27, 2007.
Adopted by SR-NASD-2003-158 eff. April 16, 2007.

Selected Notice: 07-07, 08-57, 09-04, 17-03.