BrokerCheck Report MERCER CAPITAL LTD. Section Title Report Summary Registration and Withdrawal Firm History CRD# 104012 1 2 8 Firm Profile 3 - 7 Page(s) Firm Operations 9 - 13 Disclosure Events 14 Please be aware that fraudsters may link to BrokerCheck from phishing and similar scam websites, trying to steal your personal information or your money. Make sure you know who you’re dealing with when investing, and contact FINRA with any concerns. For more information read our investor alert on imposters. i
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BrokerCheck Report
MERCER CAPITAL LTD.
Section Title
Report Summary
Registration and Withdrawal
Firm History
CRD# 104012
1
2
8
Firm Profile 3 - 7
Page(s)
Firm Operations 9 - 13
Disclosure Events 14
Please be aware that fraudsters may link to BrokerCheck from phishing and similar scam websites, trying to steal your personal information or your money.Make sure you know who you’re dealing with when investing, and contact FINRA with any concerns.
For more information read our investor alert on imposters.
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For additional information aboutthe contents of this report, pleaserefer to the User Guidance orwww.finra.org/brokercheck. Itprovides a glossary of terms and alist of frequently asked questions,as well as additional resources.
This report summary provides an overview of the brokerage firm. Additional information for this firm can be foundin the detailed report.
Disclosure Events
Brokerage firms are required to disclose certaincriminal matters, regulatory actions, civil judicialproceedings and financial matters in which the firm orone of its control affiliates has been involved.
Are there events disclosed about this firm? Yes
The following types of disclosures have beenreported:
Type Count
Regulatory Event 1
Arbitration 6
Firm Profile
This firm is classified as a partnership.
This firm was formed in Texas on 06/30/1999.
Its fiscal year ends in December.
Firm History
Information relating to the brokerage firm's historysuch as other business names and successions(e.g., mergers, acquisitions) can be found in thedetailed report.
Firm Operations
This brokerage firm is no longer registered withFINRA or a national securities exchange.
This section provides information relating to the date the brokerage firm ceased doing business and the firm's financialobligations to customers or other brokerage firms.
Registration Withdrawal Information
01/15/2010
No
Date firm ceased business:
Does this brokerage firm oweany money or securities toany customer or brokeragefirm?
This section provides the brokerage firm's full legal name, "Doing Business As" name, business and mailingaddresses, telephone number, and any alternate name by which the firm conducts business and where such name isused.
RegistrationsThis section provides information about the regulators (Securities and Exchange Commission (SEC), self-regulatoryorganizations (SROs), and U.S. states and territories) with which the brokerage firm is currently registered andlicensed, the date the license became effective, and certain information about the firm's SEC registration.
The firm's registration was from 01/03/2001 to 03/22/2010.
Types of BusinessThis section provides the types of business, including non-securities business, the brokerage firm is engaged in orexpects to be engaged in.
Other Types of Business
This firm does not effect transactions in commodities, commodity futures, or commodity options.This firm does not engage in other non-securities business.
Non-Securities Business Description:
This firm currently conducts 10 types of businesses.
Types of Business
Broker or dealer retailing corporate equity securities over-the-counter
Broker or dealer selling corporate debt securities
Underwriter or selling group participant (corporate securities other than mutual funds)
Mutual fund retailer
Broker or dealer selling variable life insurance or annuities
Put and call broker or dealer or option writer
Non-exchange member arranging for transactions in listed securities by exchange member
This firm does not hold or maintain funds or securities or provide clearing services for other broker-dealer(s).
Introducing Arrangements
This firm does refer or introduce customers to other brokers and dealers.
Name: RBC DAIN RAUSCHER INC.
Business Address: 60 SOUTH SIXTH STREETMINNEAPOLIS, MN 55402
CRD #: 31194
Effective Date: 11/08/2004
Description: MERCER CAPITAL LTD HAS EXECUTED A CLEARING AGREEMENT WITHRBC DAIN, TO REPRESENT IT WITH REGARD TO ACTING AS A CLEARINGBROKER OR DEALER AND TO MAINTAIN ITS CUSTOMER ACCOUNTS.THROUGH THIS CLEARING AGREEMENT, MERCER CAPITAL LTD WILLHAVE ACCESS TO ALL MAJOR EXCHANGES AND RBC DAIN, WILLEXECUTE MERCER CAPITAL LTD. ORDERS AND ACT AS ITS BACKOFFICE
This firm does have books or records maintained by a third party.
This firm does not have accounts, funds, or securities maintained by a third party.
This firm does not have customer accounts, funds, or securities maintained by a third party.
This firm does not have individuals who control its management or policies through agreement.
This firm does not have individuals who wholly or partly finance the firm's business.
Control Persons/Financing
Name: RBC DAIN RAUSCHER INC.
Business Address: 60 SOUTH SIXTH STREETMINNEAPOLIS, MN 55402
CRD #: 31194
Effective Date: 11/08/2004
Description: MERCER CAPITAL LTD HAS EXECUTED A CLEARING AGREEMENT WITHRBC DAIN, TO REPRESENT IT WITH REGARD TO ACTING AS A CLEARINGBROKER OR DEALER AND TO MAINTAIN ITS CUSTOMER ACCOUNTS.THROUGH THIS CLEARING AGREEMENT, MERCER CAPITAL LTD WILLHAVE ACCESS TO ALL MAJOR EXCHANGES AND RBC DAIN, WILLEXECUTE MERCER CAPITAL LTD. ORDERS AND ACT AS ITS BACKOFFICE.
Organization AffiliatesThis section provides information on control relationships the firm has with other firms in the securities, investmentadvisory, or banking business.
This firm is not, directly or indirectly:
· in control of· controlled by· or under common control withthe following partnerships, corporations, or other organizations engaged in the securities or investmentadvisory business.
This firm is not directly or indirectly, controlled by the following:
· bank holding company· national bank· state member bank of the Federal Reserve System· state non-member bank· savings bank or association· credit union· or foreign bank
All firms registered to sell securities or provide investment advice are required to disclose regulatory actions, criminal orcivil judicial proceedings, and certain financial matters in which the firm or one of its control affiliates has been involved.For your convenience, below is a matrix of the number and status of disclosure events involving this brokerage firm orone of its control affiliates. Further information regarding these events can be found in the subsequent pages of thisreport.
What you should know about reported disclosure events:
1. BrokerCheck provides details for any disclosure event that was reported in CRD. It also includessummary information regarding FINRA arbitration awards in cases where the brokerage firm wasnamed as a respondent.
2. Certain thresholds must be met before an event is reported to CRD, for example: o A law enforcement agency must file formal charges before a brokerage firm is required to disclose a
particular criminal event.3. Disclosure events in BrokerCheck reports come from different sources:
o Disclosure events for this brokerage firm were reported by the firm and/or regulators. When the firmand a regulator report information for the same event, both versions of the event will appear in theBrokerCheck report. The different versions will be separated by a solid line with the reporting sourcelabeled.
4. There are different statuses and dispositions for disclosure events: o A disclosure event may have a status of pending, on appeal, or final.
§ A "pending" event involves allegations that have not been proven or formally adjudicated.§ An event that is "on appeal" involves allegations that have been adjudicated but are currently
being appealed.§ A "final" event has been concluded and its resolution is not subject to change.
o A final event generally has a disposition of adjudicated, settled or otherwise resolved.§ An "adjudicated" matter includes a disposition by (1) a court of law in a criminal or civil matter,
or (2) an administrative panel in an action brought by a regulator that is contested by the partycharged with some alleged wrongdoing.
§ A "settled" matter generally involves an agreement by the parties to resolve the matter.Please note that firms may choose to settle customer disputes or regulatory matters forbusiness or other reasons.
§ A "resolved" matter usually involves no payment to the customer and no finding ofwrongdoing on the part of the individual broker. Such matters generally involve customerdisputes.
5. You may wish to contact the brokerage firm to obtain further information regarding any of thedisclosure events contained in this BrokerCheck report.
Regulatory - Final
This type of disclosure event involves (1) a final, formal proceeding initiated by a regulatory authority (e.g., a statesecurities agency, self-regulatory organization, federal regulator such as the U.S. Securities and Exchange Commission,foreign financial regulatory body) for a violation of investment-related rules or regulations; or (2) a revocation orsuspension of the authority of a brokerage firm or its control affiliate to act as an attorney, accountant or federalcontractor.
Disclosure 1 of 1
Reporting Source: Regulator
Allegations: ON JANUARY 5, 2010, THE CONNECTICUT BANKING COMMISSIONERENTERED A CONSENT ORDER WITH RESPECT TO MERCER CAPITAL LTD.THE CONSENT ORDER ALLEGED THAT 1) FROM APRIL 24, 2007 TO AUGUST20, 2008, THE FIRM VIOLATED SECTION 36B-6(B) OF THE CONNECTICUTUNIFORM SECURITIES ACT BY EMPLOYING ONE OR MORE UNREGISTEREDAGENTS; 2) BETWEEN JUNE 4, 2007 AND JANUARY 22, 2008, THE FIRMVIOLATED SECTION 36B-16 OF THE ACT BY OFFERING AND SELLINGUNREGISTERED SECURITIES IN CONNECTICUT; AND 3) INCONTRAVENTION OF SECTION 36B-31-6F(B) OF THE REGULATIONS UNDERTHE ACT, THE FIRM FAILED TO ESTABLISH AND IMPLEMENT A SYSTEM FORSUPERVISING THE ACTIVITIES OF ITS AGENTS THAT WAS REASONABLYDESIGNED TO ACHIEVE REGULATORY COMPLIANCE.
Allegations: ON JANUARY 5, 2010, THE CONNECTICUT BANKING COMMISSIONERENTERED A CONSENT ORDER WITH RESPECT TO MERCER CAPITAL LTD.THE CONSENT ORDER ALLEGED THAT 1) FROM APRIL 24, 2007 TO AUGUST20, 2008, THE FIRM VIOLATED SECTION 36B-6(B) OF THE CONNECTICUTUNIFORM SECURITIES ACT BY EMPLOYING ONE OR MORE UNREGISTEREDAGENTS; 2) BETWEEN JUNE 4, 2007 AND JANUARY 22, 2008, THE FIRMVIOLATED SECTION 36B-16 OF THE ACT BY OFFERING AND SELLINGUNREGISTERED SECURITIES IN CONNECTICUT; AND 3) INCONTRAVENTION OF SECTION 36B-31-6F(B) OF THE REGULATIONS UNDERTHE ACT, THE FIRM FAILED TO ESTABLISH AND IMPLEMENT A SYSTEM FORSUPERVISING THE ACTIVITIES OF ITS AGENTS THAT WAS REASONABLYDESIGNED TO ACHIEVE REGULATORY COMPLIANCE.
Resolution Date: 01/05/2010
Resolution:
Other Sanctions Ordered: THE CONSENT ORDER DIRECTED THE FIRM TO CEASE AND DESIST FROMREGULATORY VIOLATIONS. IN ADDITION, THE CONSENT ORDERREQUIRED THAT MERCER CAPITAL LTD. PAY $5,000 TO THE AGENCY. OFTHAT AMOUNT, $3,500 CONSTITUTED AN ADMINISTRATIVE FINE AND $1,500WOULD BE APPLIED TO DEFRAY THE DEPARTMENT'S INVESTIGATIVE ANDEXAMINATION COSTS ASSOCIATED WITH THE MATTER.
Sanction Details: SEE RESPONSE TO ITEM 13.B.
Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct?
No
Sanctions Ordered: Monetary/Fine $3,500.00Cease and Desist/Injunction
Allegations: ON JANUARY 5, 2010, THE CONNECTICUT BANKING COMMISSIONERENTERED A CONSENT ORDER WITH RESPECT TO MERCER CAPITAL LTD.THE CONSENT ORDER ALLEGED THAT 1) FROM APRIL 24, 2007 TO AUGUST20, 2008, THE FIRM VIOLATED SECTION 36B=6(B) OF CONNECTICUTUNIFORM SECURITIES ACT BY EMPLOYING ONE OR MORE UNREGISTEREDAGENTS; 2) BETWEEN JUNE 4, 2007 AND JANUARY 22, 2008, THE FIRMVIOLATED SECTION 36B-16 OF THE ACT BY OFFERING AND SELLINGUNREGISTERED SECURITIES IN CONNECTICUT; AND 3) INCONTRAVENTIONOF SECTION 36B-6F(B) OF THE REGULATIONS UNDER THE ACT, THE FIRMFAILED TO ESTABLISH AND IMPLEMENT A SYSTEM FOR SUPERVISING THEACTIVITIES OF ITS AGENTS THAT WAS REASONABLY DESIGNED TOACHIEVE REGULATORY COMPLIANCE.
Current Status: Final
Resolution Date: 01/05/2010
Resolution:
Other Sanctions Ordered: IN ADDITION, THE CONSENT ORDER REQUIRED THAT MERCER CAPITALLTD. PAY $1,500 ADDITIONAL TO THE AGENCY, TO DEFRAY THEDEPARTMENT'S INVESTIGATIVE AN EXAMINATION COSTS ASSOCIATEDWITH THE MATTER.
Sanction Details: SEE RESONCE TO ITEM 12.B.
Sanctions Ordered: Monetary/Fine $3,500.00Cease and Desist/Injunction
Brokerage firms are not required to report arbitration claims filed against them by customers; however, BrokerCheckprovides summary information regarding FINRA arbitration awards involving securities and commodities disputesbetween public customers and registered securities firms in this section of the report. The full text of arbitration awards issued by FINRA is available at www.finra.org/awardsonline.
Disclosure 1 of 6
Reporting Source: Regulator
Type of Event: ARBITRATION
Arbitration Forum:
Case Initiated:
Case Number:
Allegations:
Disputed Product Type:
Sum of All Relief Requested:
Disposition:
Disposition Date:
Sum of All Relief Awarded:
FINRA
05/28/2009
09-01871
ACCOUNT ACTIVITY-BRCH OF FIDUCIARY DT; ACCOUNT ACTIVITY-CHURNING; ACCOUNT ACTIVITY-MISREPRESENTATION; ACCOUNTACTIVITY-OMISSION OF FACTS
COMMON STOCK; CORPORATE BONDS; LIMITED PARTNERSHIPS; PRIVATEEQUITIES
$2,000,000.00
AWARD AGAINST PARTY
02/11/2011
$98,303.00
There may be a non-monetary award associated with this arbitration.Please select the Case Number above to view more detailed information.
Disclosure 2 of 6
i
Reporting Source: Regulator
Type of Event: ARBITRATION
Arbitration Forum:
Case Initiated:
Case Number:
Allegations:
FINRA
05/28/2009
09-02420
ACCOUNT ACTIVITY-BRCH OF FIDUCIARY DT; ACCOUNT ACTIVITY-CHURNING; ACCOUNT ACTIVITY-MISREPRESENTATION; ACCOUNTACTIVITY-OMISSION OF FACTS