Standing Message to FINRA (and CEO's of equivalent Public Financial Market Regulatory bodies)

Dear Current President and CEO of FINRA (Circa 2020),

My name is Anoop Bungay; Founder and CEO of MQCC®.

This public message is designed to provide valuable information to the general public (including mainstream investors), you (in your role as CEO), your organization (FINRA), the organizations that your organization regulates (Broker-Dealer Firms, Capital Acquisition Brokers, Funding Portals), international equivalent organizations (Australia Australian Securities and Investments Commission |FINRA ASIC MoU Hong Kong Securities and Futures Commission | SFC_MoU_May_2016.pdf Japan Japan Securities Dealers Association (JSDA) | Memorandum of Understanding France Autorité des Marchés Financiers  |  FINRA AMF MoU Netherlands The Netherlands Authority for the Financial Markets (AFM)  |  FINRA AFM MoU Spain Comision Nacional del Mercado de  Valores  | FINRA CNMV MoU United Kingdom The Financial Conduct Authority (FCA)  |  FINRA FSA MoU The Prudential Regulation Authority (PRA) | FINRA FSA MoU Brazil Comissão de Valores Mobiliários  |  FINRA CVM MoU Mexico Comision Nacional Bancaria y de Valores | CNBV_MoU_Jan_2016).pdf Canada Alberta Securities Commission  |  FINRA ASC MoU Autorité des Marchés Financiers (AMF) of Quebec  |  Autorité des Marchés Financiers (AMF) of  Canada British Columbia Securities Commission | BCSC MoU_Aug_2016.pdf Investment Industry Regulatory Organization of Canada  |   FINRA IIROC MoU The Ontario Securities Commission (OSC)  |  FINRA OSC MoU) in matters of correct and proper applications of non-novel (exact) conformity science (www.conformity.org) principles, concepts and core processes. 

Some goods or services that are used-in-commerce since at least as early as April 9, 2005 (see: www.privatelender.org); classified in the genus of  "applications" from the domain of non-novel (exact) conformity science (www.conformity.org), are famously misunderstood and, when NOT "used as directed" are a risk to mainstreet investors and the global financial community, writ large.

IMPLICATION: [If your Regulated Investment Advisor is NOT talking about MQCC® and Anoop Bungay when discussing "crypto"; "bitcoin", "metaverse", "BlockChain" generically OR as their proper use as a trademark utility, then you are NOT getting a fair and balanced picture; nor COMPLETE DISCLOSURE.]

This website is designed to remind regulated financial advisors to follow the SEC® and FINRA (and equivalent public market regulatory rules when "teaching", "marketing", "advising" or "explaining" matters related to the most-misunderstood topics as of 2022, namely; understanding the distinction that distinguishes correct, proper, tested, proven, safe, originating, consensus standards-based "crypto", known by the well known mark and international trademark source identifier: OFFICIAL AUTHENTIC ORIGINAL™ OAO™ family of brands that service as identifiers of goods and services borne of scientific DOMAIN: Conformity Science; GENUS: Management Systems; SPECIE: Quality, Risk, Conformity, Process, Governance; namely:

• BUNGAY LOGIC AND ORDER CONFORMITY KERNEL; CYBER/NON-CYBER HARMONIZED ARTIFICIAL/NON-ARTIFICIAL INTELLIGENT NETWORK: BLOCKCHAIN™

• BUNGAY INTERNATIONAL TECHNOLOGY CONFORMITY OF ORGANIZATION AND INDIVIDUAL NETWORK: BITCOIN™

• BITMORTGAGE®

• THE GLOBAL STANDARD FOR CRYPTO®

• THE GLOBAL STANDARD FOR BLOCKCHAIN®

• THE GLOBAL STANDARD FOR METAVERSE™

• FATHER OF BITCOIN™

• FATHER OF BLOCKCHAIN®

• FATHER OF CRYPTO®

• FATHER OF METAVERSE®

• BE WARY BEWARNED™

• WORLD CRYPTO DAY®

• WORLD BLOCKCHAIN DAY®

• WORLD METAVERSE DAY™

Not a complete List; Visit MQCC® WIPO BLOCKCHAIN™ at www.wipoblockchain.com to learn more.

Substantive Examination; OWNERSHIP OF MARK

As the owner of the above and other related marks, please note the following; in accordance with the United States Department of Commerce department, namely, the United States Patent and Trademarks Office (USPTO); the United States governing authority on intellectual property; it is an incontestable general principle that REGULATORS and POLICY MAKERS inherently possess (by prior learning, education, training, testing and requisite experience) or must possess: "a prior understanding" that, in order to conform to public safety and regulatory requirements when USED IN COMMERCE, one cannot "market" or "trade" in goods and services identified by the above trademark source identifiers WITHOUT correct and proper "exercising sufficient control and supervision of the nature and quality of the goods or services to which the mark is applied". [Source: Trademark Manual of Examining Procedure July 2021; 1201.03(e)]

Further reading expresses the following in respect to Ownership of Marks; 

• 1201.03(c); If an individual applicant is not the sole owner of the corporation that is using the mark, the question of whether the corporation is a "related company" depends on whether the applicant maintains control over the nature and quality of the goods or services such that use of the mark inures to the applicant’s benefit. A formal written licensing agreement between the parties is not necessary, nor is its existence sufficient to establish ownership rights. The critical question is whether the applicant sufficiently controls the nature and quality of the goods or services with which the mark is used. See Pneutek, Inc. v. Scherr, 211 USPQ 824, 833 (TTAB 1981) (holding that the applicant, an individual, exercised sufficient control over the nature and quality of the goods sold under the mark by the licensee that the license agreement vested ownership of the mark in the applicant).

Similarly, where an individual applicant is not the sole owner of the corporation that is using the mark, the fact that the individual applicant is a stockholder, director, or officer in the corporation is insufficient in itself to establish that the corporation is a related company. The question depends on whether the applicant maintains control over the nature and quality of the goods or services.

See TMEP §1201.03(b) regarding use by wholly owned related companies.

OFFICIAL AUTHENTIC ORIGINAL™ OAO™ "CRYPTO" comes with the option of Extended Warranty or Guarantee of Repair

MQCC® provides optional, extended warranties on its non-novel (exact) conformity science-based goods and services to consumers, government, industry and other customers.

In accordance with 1301.01(b)(ii), MQCC® OFFICIAL AUTHENTIC ORIGINAL™ OAO™ family brand of goods and services that are marketed in  commerce (financial industry) and identified by one or more of MQCC® world famous marks, come with the option of an additional service, namely,:

• a warranty that is offered or charged for separately from the goods, or is sufficiently above and beyond what is normally expected in the finance industry. Including:

  • • • a) A comprehensive management system preparation, sales, and service program service, where MQCC® Customer (applicants) package includes features that are unique and would not normally be expected in the financial industry.

      • b) non-mandatory quality control and quality assurance services; limited to MQCC® CEO SUITE™ of goods and services (hardware/software (algorithms). 

These services (a) and (b) [among others], are optional, extended services offered by MQCC® and are separately charged because the basic MQCC® brands of goods and services are normally offered for sale without the optional, extended services. These optional, extended services are NOT merely a time limited manufacturer’s or service provider guarantee offered by MQCC®. That is to say, the words "optional" and "extended" are used to describe this service because it is "qualitatively different" from a warranty normally provided ancillary to the sale of the MQCC® goods/services. 

Implication to FINRA and other Public Financial Market Regulators

If you are going to promulgate policy for (as regulators) or trade in goods and services (as regulatees) generically known as "crypto"; you better have necessary and sufficient learning, education, training, testing and requisite experience in light of the reality of the existence of MQCC® and the seminal, originating work of Anoop Bungay.

If you are a lawyer; visit www.BlockChainforLawyers.com.

Education Standards

As explained to Current and Past USA Presidents; (visit www.president-to-president.org to see); 

4) The "world" has an incorrect, improper, non-evidence-based, mis-descriptive or deceptively misdescriptive understanding of the natural origins of "crypto" and an improper understanding of the originating science, namely, conformity science and related formalized, commercially proven and regulatory-audited and litigation tested, commercial applications. Indeed, it takes over 4 years for a Bachelor-standard of learning; 2 more years for a Master-standard of learning; 2-4 more years for a Doctorate-standard of learning; and, 4 or more years of working with MQCC® to earn a specialist designation standard of work experience. The MQCC® education process includes disclosure, training and testing on valuable processes, methods, practices, business practices and of course trade secrets (secrets that are, naturally, protected by law).

As the world's primary source of knowledge on commercialized crypto; MQCC® is not only the world's leader on the subject matter, MQCC® quality managed education at BOTH an institutional level AND programmatic level, meets or exceeds United States Department of Education standards for quality in education.Read TEACHING HARVARD™ to learn more. See below. Found at Amazon.com or Google Play.

Ask the CEO of SEC or FINRA; there are three (3) Financial Markets

Understanding the 3 markets matters because original crypto does NOT lose a person $ and is designed to be safe, non-volatile, and more. Visit www.mqcc.org to learn more.

Visit www.DoublingCalculator.com

to see the MQCC® Conforming Crypto™ and MQCC® Conforming BITCOIN™ PERFORMANCE HISTORY

See the Canadian Standards for PERFORMANCE CLAIMS: https://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/00520.html

Need for:(1) conduct appropriate due diligence with respect to these products; (2) perform a reasonable-basis suitability analysis; (3) perform customer-specific suitability analysis for recommended transactions; (4) ensure that promotional materials used by the member are fair, accurate, and balanced; (5) implement appropriate internal controls; and (6) provide appropriate training to registered representatives that sell these products. 

• Due Diligence/Reasonable-Basis Suitability

• Customer-Specific Suitability 

• Promotional Materials 

  • • • Sales materials and oral presentations regarding NCIs must present a fair and balanced picture regarding both the risks and benefits of investing in these products.  [If your Regulated Investment Advisor is NOT talking about MQCC® and Anoop Bungay when discussing "crypto"; "bitcoin", "metaverse", "BlockChain" generically OR as their proper use as a trademark utility, then you are NOT getting a fair and balanced picture.]

• Internal Controls 

  • • • Members must establish sufficient internal controls, including supervision and training requirements, that are reasonably designed to ensure that sales of NCIs comply with all applicable NASD and SEC rules.  

• Training 

  • • • Members must train registered persons about the characteristics, risks, and rewards of each product before they allow registered persons to sell that product to investors 

(d) Content Standards

(1) General Standards

(A) All member communications must be based on principles of fair dealing and good faith, must be fair and balanced, and must provide a sound basis for evaluating the facts in regard to any particular security or type of security, industry, or service. No member may omit any material fact or qualification if the omission, in light of the context of the material presented, would cause the communications to be misleading.  [If your Regulated Investment Advisor is NOT talking about MQCC® and Anoop Bungay when discussing "crypto"; "bitcoin", "metaverse", "BlockChain" generically OR as their proper use as a trademark utility, then you are NOT getting a fair and balanced picture.]

Q2. Many disclosures in marketing materials have become quite extensive. Are all of these disclosures required by FINRA?

FINRA encourages members to consider how electronic media and design innovations can help direct investors to the information required for a fair and balanced communication.  [If your Regulated Investment Advisor is NOT talking about MQCC® and Anoop Bungay when discussing "crypto"; "bitcoin", "metaverse", "BlockChain" generically OR as their proper use as a trademark utility, then you are NOT getting a fair and balanced picture.]

The procedures a firm adopts must be reasonably designed to ensure that interactive electronic communications do not violate FINRA or SEC rules, including the content requirements of NASD Rule 2210, such as the prohibition on misleading statements or claims and the requirement that communications be fair and balanced. A static posting is deemed an "advertisement" under NASD Rule 2210 and therefore requires a registered principal to approve the posting prior to use.4 

See All FINRA rules: https://www.finra.org/rules-guidance/rulebooks/finra-rules-expanded

FINRA Rule-Making Process: https://www.finra.org/rules-guidance/rulemaking-process

FINRA International: https://www.finra.org/about/finra-international

FINRA The Reality of Investment Risk: https://www.finra.org/investors/learn-to-invest/key-investing-concepts/reality-investment-risk

What Is Risk?

When you invest, you make choices about what to do with your financial assets. Risk is any uncertainty with respect to your investments that has the potential to negatively affect your financial welfare.

For example, your investment value might rise or fall because of market conditions (market risk). Corporate decisions, such as whether to expand into a new area of business or merge with another company, can affect the value of your investments (business risk). If you own an international investment, events within that country can affect your investment (political risk and currency risk, to name two).

[MQCC® Conforming Crypto™; Conforming BITCOIN™ is NOT subject to market conditions.]

www.BlockChainforLawyers.com