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Article 46
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All notices that a securities firm is required to give to a customer under these Rules shall be delivered by mail, by e-mail subject to electronic signature requirements, or by personal delivery against a receipt signed by the customer.
A securities firm must procure the written or electronic consent of the customer prior to giving notice by e-mail. Procedures concerning e-mails and electronic consents are governed mutatis mutandis by the requirements applicable to the delivery by a securities firm of securities trading reconciliation statements by e-mail.
Deadlines notified by a securities firm to a customer by e-mail for actions to be taken are the same as those notified by mail.
Where a notice mailed by a securities firm is not delivered in time as a result of failure by the customer to give notice of change as required under the preceding article or due to some other reason attributable to the customer, the notice shall be deemed effective from the day of the first delivery attempt by the post office.
In the case of a notice given by personal delivery against a receipt signed by the customer, the customer's signature or seal impression on the receipt shall match the specimen signature or seal appearing on the margin agreement, and shall be dated personally by the customer.
If the customer is a discretionary investment account, a securities firm shall give notice to the discretionary investment manager and the custodian institution of such account of matters required to be notified.
Records of notification by a securities firm to its customers shall be retained for a minimum of one year or, in the event of a dispute, until the dispute is resolved.
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