On December 31, 2008, the Securities and Exchange Commission ("SEC") approved a proposed rule change filed with the SEC by the Financial Industry Regulatory Authority, Inc. ("FINRA") on November 2, 2007, and as amended on February 13, 2008. The proposed rule change was made pursuant to Section 19(b)(1) of the Securities and Exchange Act of 1934 and Rule 19b-4 thereunder, and relates to amendments to the Code of Arbitration Procedure for Customer Disputes ("Customer Code") and the Code of Arbitration Procedure for Industry Disputes ("Industry Code") to address motions to dismiss and to amend the eligibility rule related to dismissals.

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