This page deals with the regulation of "transfer agents" under the Securities and Banking Laws. Transfer agents are regulated under both federal and state law. The term “transfer agent” is defined under federal law as any person who engages on behalf of an issuer of securities or on behalf of itself as an issuer of securities in (A) countersigning such securities upon issuance; (B) monitoring the issuance of securities with a view to preventing unauthorized issuance of securities; (C) registering the transfer of securities; (D) exchanging or converting securities; or (E) transferring record ownership of securities by a bookkeeping entry without physical issuance of securities certificates. If a transfer agent acts for an issuer of securities registered under Section 12 of the Exchange Act, then the transfer agents must be registered under Section 17A of the Exchange Act. Transfer agents acting for issuers of securities that are not Section 12-registered are regulated through state corporation, commercial, and principal/agency laws.
The regulations below are those federal securities and banking law provisions that apply specifically to transfer agents. Transfer agents are, of course, subject to other general regulations, including particularly those which relate to confidentiality and the protection of customer information.