80 FR 27214 - Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Effectiveness of a Permit Holder
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 91 (May 12, 2015)
Federal Register Volume 80, Issue 91 (May 12, 2015)
| Page Range | 27214-27216 | |
| FR Document | 2015-11379 |
[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)] [Notices] [Pages 27214-27216] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11379] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74888; File No. SR-C2-2015-011] Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Effectiveness of a Permit Holder May 6, 2015. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on May 5, 2015, C2 Options Exchange, Incorporated (the ``Exchange'' or ``C2'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to adopt a rule relating to the effectiveness of a Permit Holder. The text of the proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to adopt a rule governing the effectiveness of Permit Holder status. In particular, the Exchange proposes to add language to its rules to codify the requirement that each applicant, to be a Permit Holder, must become effective in that status within 90 days of the date of the applicant's approval. The Exchange also proposes to clarify that a Permit Holder shall become effective upon (i) satisfying applicable requirements to obtain a Trading Permit and (ii) the release of a Trading Permit to that Permit Holder by the Registration Services Department (``RSD''). [[Page 27215]] By way of background, pursuant to C2 Rule 3.1 (Trading Permits), if an applicant to become a C2 Permit Holder is already a Trading Permit Holder of the Chicago Board Options Exchange, Incorporated (``CBOE TPH''), that applicant can take advantage of a streamlined process to become a Permit Holder on C2 as compared to an applicant that is not already a CBOE TPH. Specifically, a CBOE TPH applicant would need to submit certain Exchange forms which indicate its intention to trade on the Exchange and which submits it to Exchange jurisdiction, as well as complete other operational matters as determined by the Exchange (e.g., complete connectivity testing).\3\ If an applicant is not already a CBOE Trading Permit Holder (a ``Non-CBOE TPH''), the applicant must complete a more involved application process which includes, among other things, the submission of an application to the Exchange and payment of any applicable application fees.\4\ Additionally, the Exchange will investigate each Non-CBOE TPH applicant (with the exception of any applicant that was a Permit Holder or that was investigated by the Exchange within 9 months prior to the date of receipt of that applicant's application). Upon completion of the application process for either a CBOE TPH or Non-CBOE TPH applicant, RSD determines whether to approve or disapprove the application. The Exchange notes however, that even if RSD determines to approve a CBOE or Non-CBOE TPH applicant to become a C2 Permit Holder upon completion of this process, that applicant is not automatically considered an ``effective'' Permit Holder (i.e., the applicant is not yet permitted to participate on the Exchange in the capacity in which they applied and have been approved to act in). Rather, in order to be considered an effective Permit Holder, the applicant must satisfy applicable requirements to obtain a Trading Permit (i.e., submission of all required forms, fees and documentation prescribed by the Exchange, completion of any required investigation, satisfaction of applicable orientation and/or exam requirements established by the Exchange and any other registration and qualification requirements and completion of connectivity testing) and (ii) RSD must release a Trading Permit to that Permit Holder. In order to provide further transparency in the rules, the Exchange proposes to codify these requirements in the rules and make it explicitly clear that any applicant to become a C2 Permit Holder shall become an effective Permit Holder upon (i) satisfying the applicable requirements to obtain a Trading Permit and (ii) the release of a Trading Permit to that Permit Holder by RSD (i.e., RSD assigns via its Trading Permit System (``TPS'') a permit number to the applicant Permit Holder). The Exchange believes the proposed rule change will provide additional clarity to the rules and reduce confusion regarding the application process. --------------------------------------------------------------------------- \3\ See C2 Rule 3.1(c)(1). \4\ See C2 Rule 3.1(c)(2). --------------------------------------------------------------------------- The Exchange next notes that there are instances in which an applicant (either a CBOE TPH or Non-CBOE TPH) has completed the application process and RSD is ready to approve the application, but the applicant needs more time before it is ready to become effective (i.e., before it is ready to participate on the Exchange in the capacity in which they applied and have been approved to act in). For example, an applicant may have completed the application process but requires more time to resolve logistical issues relating to their systems or connectivity before it can participate on the Exchange and therefore wishes to hold off on requesting a Trading Permit. As such, the Exchange proposes to permit a Permit Holder to become effective as a Permit Holder within 90 days from the date RSD approved the applicant to become a C2 Permit Holder. If the Permit Holder does not become effective within 90 days, the applicant's application will expire. The Exchange notes that providing a deadline to become effective also obligates applicants to be diligent in resolving any open issues they have and ensures finality to the application process. Lastly, the Exchange notes that the requirement to go effective within 90 days of the date of approval of an application exists on other exchanges as well.\5\ --------------------------------------------------------------------------- \5\ See, CBOE Rule 3.10 and ISE Rule 306(g). --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the ``Act'') and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.\6\ Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) \7\ requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) \8\ requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78f(b). \7\ 15 U.S.C. 78f(b)(5). \8\ Id. --------------------------------------------------------------------------- In particular, the Exchange believes it would be beneficial to market participants to expressly state in the rules that any applicant to become a C2 Permit Holder shall become an effective Permit Holder upon (i) satisfying the applicable requirements to obtain a Trading Permit and (ii) the release of a Trading Permit to that Permit Holder by RSD. The Exchange believes the proposed rule change will provide additional clarity to the rules and reduce confusion regarding the application process, thereby removing impediments to and perfecting the mechanism of a free and open market and a national market system. The Exchange also believes the proposed rule change is beneficial in that it provides applicants seeking to become a Permit Holder a reasonable time frame to resolve any open issues prior to becoming effective, while also requiring applicants to be diligent in resolving such open issues in a timely matter and ensuring finality to the application process. Additionally, the Exchange believes that the proposed rule changes are designed to not permit unfair discrimination among market participants, as the proposed changes are applicable to all applicants to become Permit Holders. B. Self-Regulatory Organization's Statement on Burden on Competition C2 does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed change does not impose any burden on intramarket competition because it applies to all applicants to become C2 Permit Holders. The Exchange also does not believe that the proposed rule change will impose any burden on intermarket competition that is not necessary or appropriate in furtherance of the purposes of the Act. Specifically, the Exchange is merely attempting to [[Page 27216]] add additional transparency to its rules relating to the application process as well as provide for a reasonable time frame for C2 Permit Holder applicants to become effective on C2 as Permit Holders. The Exchange notes that, to the extent that the proposed changes make C2 more attractive for trading, market participants trading on other exchanges are welcome to become Permit Holders and trade at C2 if they determine that this proposed rule change has made C2 more attractive or favorable. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange neither solicited nor received comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b- 4(f)(6) \10\ thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(3)(A). \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b- 4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-C2-2015-011 on the subject line. Paper Comments Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-C2-2015-011. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-C2-2015-011, and should be submitted on or before June 2, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\11\ --------------------------------------------------------------------------- \11\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2015-11379 Filed 5-11-15; 8:45 am] BILLING CODE 8011-01-P
![27214 Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices
discriminatory, when vendors and and Exchange Commission, 100 F Street ‘‘Act’’),1 and Rule 19b–4 thereunder,2
subscribers can elect these alternatives NE., Washington, DC 20549–1090. notice is hereby given that on May 5,
or choose not to purchase a specific All submissions should refer to File 2015, C2 Options Exchange,
proprietary data product if the attendant Number SR–NYSEMKT–2015–35. This Incorporated (the ‘‘Exchange’’ or ‘‘C2’’)
fees are not justified by the returns that file number should be included on the filed with the Securities and Exchange
any particular vendor or data recipient subject line if email is used. To help the Commission (the ‘‘Commission’’) the
would achieve through the purchase Commission process and review your proposed rule change as described in
(the returns on use being a particularly comments more efficiently, please use Items I and II below, which Items have
important aspect of non-display uses of only one method. The Commission will been prepared by the Exchange. The
proprietary data). post all comments on the Commission’s Commission is publishing this notice to
Internet Web site (http://www.sec.gov/ solicit comments on the proposed rule
C. Self-Regulatory Organization’s
rules/sro.shtml). Copies of the change from interested persons.
Statement on Comments on the
Proposed Rule Change Received From submission, all subsequent I. Self-Regulatory Organization’s
Members, Participants, or Others amendments, all written statements Statement of the Terms of Substance of
with respect to the proposed rule the Proposed Rule Change
No written comments were solicited change that are filed with the
or received with respect to the proposed Commission, and all written The Exchange proposes to adopt a
rule change. communications relating to the rule relating to the effectiveness of a
proposed rule change between the Permit Holder. The text of the proposed
III. Date of Effectiveness of the
Commission and any person, other than rule change is available on the
Proposed Rule Change and Timing for
those that may be withheld from the Exchange’s Web site (http://
Commission Action
public in accordance with the www.cboe.com/AboutCBOE/
The foregoing rule change is effective provisions of 5 U.S.C. 552, will be CBOELegalRegulatoryHome.aspx), at
upon filing pursuant to section available for Web site viewing and the Exchange’s Office of the Secretary,
19(b)(3)(A) 11 of the Act and printing in the Commission’s Public and at the Commission’s Public
subparagraph (f)(2) of Rule 19b–4 12 Reference Room, 100 F Street NE., Reference Room.
thereunder, because it establishes a due, Washington, DC 20549 on official
fee, or other charge imposed by the II. Self-Regulatory Organization’s
business days between the hours of Statement of the Purpose of, and
Exchange. 10:00 a.m. and 3:00 p.m. Copies of the
At any time within 60 days of the Statutory Basis for, the Proposed Rule
filing will also be available for Change
filing of such proposed rule change, the inspection and copying at the NYSE’s
Commission summarily may principal office and on its Internet Web In its filing with the Commission, the
temporarily suspend such rule change if site at www.nyse.com. All comments Exchange included statements
it appears to the Commission that such received will be posted without change; concerning the purpose of and basis for
action is necessary or appropriate in the the Commission does not edit personal the proposed rule change and discussed
public interest, for the protection of identifying information from any comments it received on the
investors, or otherwise in furtherance of submissions. You should submit only proposed rule change. The text of these
the purposes of the Act. If the information that you wish to make statements may be examined at the
Commission takes such action, the available publicly. All submissions places specified in Item IV below. The
Commission shall institute proceedings should refer to File Number SR– Exchange has prepared summaries, set
under section 19(b)(2)(B) 13 of the Act to NYSEMKT–2015–35 and should be forth in sections A, B, and C below, of
determine whether the proposed rule submitted on or before June 2, 2015. the most significant aspects of such
change should be approved or statements.
disapproved. For the Commission, by the Division of
Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s
IV. Solicitation of Comments authority.14 Statement of the Purpose of, and
Interested persons are invited to Robert W. Errett, Statutory Basis for, the Proposed Rule
submit written data, views, and Deputy Secretary. Change
arguments concerning the foregoing, [FR Doc. 2015–11374 Filed 5–11–15; 8:45 am] 1. Purpose
including whether the proposed rule BILLING CODE 8011–01–P
The Exchange proposes to adopt a
change is consistent with the Act.
rule governing the effectiveness of
Comments may be submitted by any of
SECURITIES AND EXCHANGE Permit Holder status. In particular, the
the following methods:
COMMISSION Exchange proposes to add language to
Electronic Comments its rules to codify the requirement that
[Release No. 34–74888; File No. SR–C2– each applicant, to be a Permit Holder,
• Use the Commission’s Internet 2015–011]
comment form (http://www.sec.gov/ must become effective in that status
rules/sro.shtml); or Self-Regulatory Organizations; C2 within 90 days of the date of the
• Send an email to rule-comments@ Options Exchange, Incorporated; applicant’s approval. The Exchange also
sec.gov. Please include File Number SR– Notice of Filing and Immediate proposes to clarify that a Permit Holder
NYSEMKT–2015–35 on the subject line. Effectiveness of a Proposed Rule shall become effective upon (i)
mstockstill on DSK4VPTVN1PROD with NOTICES
Change Relating to the Effectiveness satisfying applicable requirements to
Paper Comments obtain a Trading Permit and (ii) the
of a Permit Holder
• Send paper comments in triplicate release of a Trading Permit to that
to Brent J. Fields, Secretary, Securities May 6, 2015. Permit Holder by the Registration
Pursuant to Section 19(b)(1) of the Services Department (‘‘RSD’’).
11 15 U.S.C. 78s(b)(3)(A). Securities Exchange Act of 1934 (the
12 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(1).
13 15 U.S.C. 78s(b)(2)(B). 14 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.
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![27216 Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices
add additional transparency to its rules Electronic Comments SECURITIES AND EXCHANGE
relating to the application process as COMMISSION
well as provide for a reasonable time • Use the Commission’s Internet
comment form http://www.sec.gov/ [Release No. 34–74881; File No. SR–
frame for C2 Permit Holder applicants to NASDAQ–2015–024]
become effective on C2 as Permit rules/sro.shtml); or
Holders. The Exchange notes that, to the • Send an email to rule-comments@ Self-Regulatory Organizations; The
extent that the proposed changes make sec.gov. Please include File Number SR– NASDAQ Stock Market, LLC; Notice of
C2 more attractive for trading, market C2–2015–011 on the subject line. Designation of Longer Period for
participants trading on other exchanges Commission Action on Proposed Rule
are welcome to become Permit Holders Paper Comments
Change To Amend and Restate Certain
and trade at C2 if they determine that • Send paper comments in triplicate Nasdaq Rules That Govern the Nasdaq
this proposed rule change has made C2 to Brent J. Fields, Secretary, Securities Market Center
more attractive or favorable. and Exchange Commission, 100 F Street May 6, 2015.
C. Self-Regulatory Organization’s NE., Washington, DC 20549–1090. On March 16, 2015, The NASDAQ
Statement on Comments on the All submissions should refer to File Stock Market LLC (‘‘NASDAQ’’ or the
Proposed Rule Change Received From Number SR–C2–2015–011. This file ‘‘Exchange’’) filed with the Securities
Members, Participants, or Others number should be included on the and Exchange Commission
subject line if email is used. To help the (‘‘Commission’’), pursuant to Section
The Exchange neither solicited nor 19(b)(1) of the Securities Exchange Act
received comments on the proposed Commission process and review your
comments more efficiently, please use of 1934 (‘‘Act’’) 1 and Rule 19b–4
rule change. thereunder,2 a proposed rule change to
only one method. The Commission will
III. Date of Effectiveness of the amend and restate certain Nasdaq rules
post all comments on the Commission’s
Proposed Rule Change and Timing for that govern the Nasdaq Market Center in
Internet Web site (http://www.sec.gov/ order to provide a clearer and more
Commission Action rules/sro.shtml). Copies of the detailed description of certain aspects of
Because the foregoing proposed rule submission, all subsequent its functionality. The proposed rule
change does not: (i) Significantly affect amendments, all written statements change was published for comment in
the protection of investors or the public with respect to the proposed rule the Federal Register on March 26,
interest; (ii) impose any significant change that are filed with the 2015.3 The Commission received no
burden on competition; and (iii) become Commission, and all written comment letters regarding the proposed
operative for 30 days from the date on communications relating to the rule change.
which it was filed, or such shorter time proposed rule change between the Section 19(b)(2) of the Act 4 provides
as the Commission may designate, it has Commission and any person, other than that within 45 days of the publication of
become effective pursuant to Section those that may be withheld from the notice of the filing of a proposed rule
19(b)(3)(A) of the Act 9 and Rule 19b– public in accordance with the change, or within such longer period up
4(f)(6) 10 thereunder. At any time within provisions of 5 U.S.C. 552, will be to 90 days as the Commission may
60 days of the filing of the proposed rule available for Web site viewing and designate if it finds such longer period
change, the Commission summarily may printing in the Commission’s Public to be appropriate and publishes its
temporarily suspend such rule change if Reference Room, 100 F Street NE., reasons for so finding or as to which the
it appears to the Commission that such Washington, DC 20549 on official self-regulatory organization consents,
action is necessary or appropriate in the business days between the hours of the Commission shall either approve the
public interest, for the protection of 10:00 a.m. and 3:00 p.m. Copies of such proposed rule change, disapprove the
investors, or otherwise in furtherance of filing also will be available for proposed rule change, or institute
the purposes of the Act. If the inspection and copying at the principal proceedings to determine whether the
Commission takes such action, the office of the Exchange. All comments proposed rule change should be
Commission will institute proceedings disapproved. The 45th day for this filing
received will be posted without change;
to determine whether the proposed rule is May 10, 2015.
the Commission does not edit personal
change should be approved or The Commission is extending the 45-
identifying information from day time period for Commission action
disapproved. submissions. You should submit only on the proposed rule change. The
IV. Solicitation of Comments information that you wish to make Commission finds that it is appropriate
available publicly. All submissions to designate a longer period within
Interested persons are invited to should refer to File Number SR–C2– which to take action on the proposed
submit written data, views, and 2015–011, and should be submitted on rule change so that it has sufficient time
arguments concerning the foregoing, or before June 2, 2015. to consider the proposed rule change.
including whether the proposed rule Accordingly, pursuant to Section
For the Commission, by the Division of
change is consistent with the Act. Trading and Markets, pursuant to delegated 19(b)(2) of the Act 5 and for the reasons
Comments may be submitted by any of authority.11 stated above, the Commission
the following methods: designates June 24, 2015, as the date by
Robert W. Errett,
which the Commission should either
mstockstill on DSK4VPTVN1PROD with NOTICES
9 15 U.S.C. 78s(b)(3)(A). Deputy Secretary.
approve or disapprove, or institute
10 17 CFR 240.19b–4(f)(6). As required under Rule [FR Doc. 2015–11379 Filed 5–11–15; 8:45 am]
19b–4(f)(6)(iii), the Exchange provided the BILLING CODE 8011–01–P 1 15 U.S.C. 78s(b)(1).
Commission with written notice of its intent to file 2 17
the proposed rule change, along with a brief CFR 240.19b–4.
3 See Securities Exchange Act Release No. 74558
description and the text of the proposed rule
change, at least five business days prior to the date (March 20, 2015), 80 FR 16050 (‘‘Notice’’).
4 15 U.S.C. 78s(b)(2).
of filing of the proposed rule change, or such
shorter time as designated by the Commission. 11 17 CFR 200.30–3(a)(12). 5 15 U.S.C. 78s(b)(2).
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Document Created: 2015-12-16 07:55:47
Document Modified: 2015-12-16 07:55:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 27214 |
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