80_FR_28836 80 FR 28740 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Reporting Requirements of FINRA Rule 4530(a)(1)(H)

80 FR 28740 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Reporting Requirements of FINRA Rule 4530(a)(1)(H)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 96 (May 19, 2015)

Page Range28740-28742
FR Document2015-12030

Federal Register, Volume 80 Issue 96 (Tuesday, May 19, 2015)
[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Notices]
[Pages 28740-28742]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12030]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34- 74953; File No. SR-FINRA-2015-011]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change Relating to the Reporting Requirements of FINRA 
Rule 4530(a)(1)(H)

May 13, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on May 5, 2015, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') filed with the Securities and Exchange Commission (``SEC'' 
or ``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by FINRA. FINRA has designated 
the proposed rule change as constituting a ``non-controversial'' rule 
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which 
renders the proposal effective upon receipt of this filing by the 
Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is proposing to amend FINRA Rule 4530 (Reporting 
Requirements) to provide an exception from the requirements of 
paragraph (a)(1)(H) of the rule for dealings with a member or 
associated person subject to statutory disqualification, if that member 
or associated person has been approved (or is otherwise permitted 
pursuant to FINRA rules and the federal securities laws) to be a member 
or to be associated with a member.
    The text of the proposed rule change is available on FINRA's Web 
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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
    FINRA Rule 4530 requires members to report to FINRA specified 
events, such as statutory disqualifications, and quarterly statistical 
and summary information regarding written customer complaints.\4\ FINRA 
uses the information for regulatory purposes to identify and initiate 
investigations of firms, offices and associated persons that may pose a 
risk.
---------------------------------------------------------------------------

    \4\ The specified events and customer complaint information must 
be electronically reported to FINRA via an application on FINRA's 
Firm Gateway.
---------------------------------------------------------------------------

    FINRA Rule 4530(a)(1)(H) requires a member to report whenever the 
member itself or an associated person of the member is subject to a 
``statutory disqualification'' as defined in the Act. The rule also 
requires a member to report whenever the member or an associated person 
of the member is involved in the sale of any financial instrument, the 
provision of any investment advice or the financing of any such 
activities with any person that is subject to a ``statutory 
disqualification'' as defined in the Act. The report must include the 
name of the person subject to the statutory disqualification and 
details concerning the disqualification. In addition, the report must 
be submitted to FINRA within 30 calendar days after the member knows or 
should have known of the event.
    The definition of ``statutory disqualification'' under the Act 
includes, among other events, findings by the SEC, Commodity Futures 
Trading Commission or a self-regulatory organization that a person: (1) 
Willfully violated the federal securities or commodities laws, or the 
Municipal Securities Rulemaking Board rules; (2) willfully aided, 
abetted, counseled, commanded, induced or procured such violations; or 
(3) failed to supervise another person who commits violations of such 
laws or rules.\5\ Thus, for instance, a member is currently required to 
report under FINRA Rule 4530(a)(1)(H) each time the member is involved 
in the sale of any financial instrument, such as participating in a 
selling syndicate or selling group, with a member that has been found 
to have willfully violated the federal securities laws. This would be 
true even if the member that is subject to the willful violation has 
been approved, or is otherwise permitted pursuant to FINRA rules and 
the federal securities laws, to continue in membership notwithstanding 
the disqualification.\6\
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    \5\ See 15 U.S.C. 78c(a)(39).
    \6\ In general, persons subject to a statutory disqualification 
would be required to obtain approval from FINRA to enter or remain 
in the securities industry. A firm seeking to continue in 
membership, notwithstanding the existence of such a 
disqualification, generally would be required to file an MC-400A 
application with FINRA. Similarly, a firm seeking to sponsor (i.e., 
employ or associate with) a disqualified person generally would be 
required to file an MC-400 application with FINRA. However, as 
described in Regulatory Notice 09-19 (April 2009), a firm would not 
be required to file an application for approval for specific 
disqualifying events. For instance, a firm that is subject to a 
statutory disqualification based on a willful violation of the 
federal securities laws would not be required to file an MC-400A 
application with FINRA if the sanction is no longer in effect. Such 
a firm would be permitted to continue in membership notwithstanding 
the disqualification and without having to file an application with 
FINRA for approval.
---------------------------------------------------------------------------

    For the following reasons, FINRA believes that there is no 
regulatory value

[[Page 28741]]

in requiring a firm to report dealings with a disqualified member or 
associated person that has been approved or is otherwise permitted to 
be a member or associated with a member. First, FINRA is aware of the 
statutory disqualification status of such members and associated 
persons. Second, disqualified members and associated persons that have 
been approved to be members or associated with members typically are 
subject to special supervisory conditions, and FINRA periodically 
examines them to ensure compliance with the supervisory conditions and 
to monitor for other problems.
    Therefore, FINRA is proposing to amend Rule 4530(a)(1)(H) to 
exclude activities with a disqualified member or associated person that 
has been approved (or is otherwise permitted pursuant to FINRA rules 
and the federal securities laws) to be a member or associated with a 
member.
    FINRA has filed the proposed rule change for immediate 
effectiveness. The implementation date of the proposed rule change will 
be the date of filing.
 2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\7\ which requires, among 
other things, that FINRA rules must be designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, and, in general, to protect investors and the 
public interest. FINRA believes that the proposed rule change will 
further these purposes by eliminating unnecessary reporting of 
information to FINRA and allowing FINRA to use its resources more 
efficiently. FINRA also believes that the proposed rule change will 
serve to reduce potential compliance burdens on firms without 
compromising the regulatory information available to FINRA.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act.
    The proposed rule change would reduce potential compliance burdens 
on firms by eliminating the requirement under FINRA Rule 4530(a)(1)(H) 
to report to FINRA each instance where a firm or an associated person 
is involved in a financial activity with a disqualified member or 
associated person that has been approved or is otherwise permitted to 
be a member or associated with a member.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received from Members, Participants, or Others Written 
comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the 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, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) 
thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to provide the Commission 
with written notice of its intent to file the proposed rule change, 
along with a brief description and 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. FINRA has fulfilled this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \10\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii)\11\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. FINRA 
requested the Commission to waive the 30-day operative delay so it can 
implement the proposed rule change immediately. FINRA stated that 
waiver of the operative delay would eliminate unnecessary reporting 
requirements relating to dealings with members or associated persons 
that are subject to a statutory disqualification where FINRA already 
has access to information regarding the status of such persons and they 
have either been approved or are otherwise permitted to be a member or 
associated with a member. The Commission believes the waiver of the 
operative delay is consistent with the protection of investors and the 
public interest. Therefore, the Commission hereby waives the operative 
delay and designates the proposal operative upon filing.\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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 shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

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 Comments

     Use 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-FINRA-2015-011 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-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 the filing also will be available 
for inspection and copying at the principal office of FINRA. All 
comments received

[[Page 28742]]

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-FINRA-2015-011 and should be submitted 
on or before June 9, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-12030 Filed 5-18-15; 8:45 am]
 BILLING CODE 8011-01-P



                                              28740                          Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices

                                              designate if it finds such longer period                19b–4 under the Act,3 which renders                   disqualification’’ as defined in the Act.
                                              to be appropriate and publishes its                     the proposal effective upon receipt of                The rule also requires a member to
                                              reasons for so finding or as to which the               this filing by the Commission. The                    report whenever the member or an
                                              self-regulatory organization consents,                  Commission is publishing this notice to               associated person of the member is
                                              the Commission shall either approve the                 solicit comments on the proposed rule                 involved in the sale of any financial
                                              proposed rule change, disapprove the                    change from interested persons.                       instrument, the provision of any
                                              proposed rule change, or institute                                                                            investment advice or the financing of
                                              proceedings to determine whether the                    I. Self-Regulatory Organization’s                     any such activities with any person that
                                              proposed rule change should be                          Statement of the Terms of Substance of                is subject to a ‘‘statutory
                                              disapproved. The 45th day for this filing               the Proposed Rule Change                              disqualification’’ as defined in the Act.
                                              is May 21, 2015.                                           FINRA is proposing to amend FINRA                  The report must include the name of the
                                                 The Commission is extending the 45-                  Rule 4530 (Reporting Requirements) to                 person subject to the statutory
                                              day time period for Commission action                   provide an exception from the                         disqualification and details concerning
                                              on the proposed rule change. The                        requirements of paragraph (a)(1)(H) of                the disqualification. In addition, the
                                              Commission finds that it is appropriate                 the rule for dealings with a member or                report must be submitted to FINRA
                                              to designate a longer period within                     associated person subject to statutory                within 30 calendar days after the
                                              which to take action on the proposed                    disqualification, if that member or                   member knows or should have known
                                              rule change so that it has sufficient time              associated person has been approved (or               of the event.
                                              to consider the proposed rule change.                   is otherwise permitted pursuant to                       The definition of ‘‘statutory
                                                 Accordingly, pursuant to Section                     FINRA rules and the federal securities                disqualification’’ under the Act
                                              19(b)(2) of the Act 5 and for the reasons               laws) to be a member or to be associated              includes, among other events, findings
                                              stated above, the Commission                            with a member.                                        by the SEC, Commodity Futures Trading
                                              designates July 5, 2015, as the date by                    The text of the proposed rule change               Commission or a self-regulatory
                                              which the Commission should either                      is available on FINRA’s Web site at                   organization that a person: (1) Willfully
                                              approve or disapprove, or institute                     http://www.finra.org, at the principal                violated the federal securities or
                                              proceedings to determine whether to                     office of FINRA and at the                            commodities laws, or the Municipal
                                              disapprove, the proposed rule change.                   Commission’s Public Reference Room.                   Securities Rulemaking Board rules; (2)
                                                For the Commission, by the Division of                                                                      willfully aided, abetted, counseled,
                                                                                                      II. Self-Regulatory Organization’s                    commanded, induced or procured such
                                              Trading and Markets, pursuant to delegated
                                              authority.6
                                                                                                      Statement of the Purpose of, and                      violations; or (3) failed to supervise
                                                                                                      Statutory Basis for, the Proposed Rule                another person who commits violations
                                              Robert W. Errett,
                                                                                                      Change                                                of such laws or rules.5 Thus, for
                                              Deputy Secretary.
                                              [FR Doc. 2015–12031 Filed 5–18–15; 8:45 am]                In its filing with the Commission,                 instance, a member is currently required
                                              BILLING CODE 8011–01–P
                                                                                                      FINRA included statements concerning                  to report under FINRA Rule
                                                                                                      the purpose of and basis for the                      4530(a)(1)(H) each time the member is
                                                                                                      proposed rule change and discussed any                involved in the sale of any financial
                                              SECURITIES AND EXCHANGE                                 comments it received on the proposed                  instrument, such as participating in a
                                              COMMISSION                                              rule change. The text of these statements             selling syndicate or selling group, with
                                                                                                      may be examined at the places specified               a member that has been found to have
                                              [Release No. 34- 74953; File No. SR–FINRA–              in Item IV below. FINRA has prepared                  willfully violated the federal securities
                                              2015–011]
                                                                                                      summaries, set forth in sections A, B,                laws. This would be true even if the
                                              Self-Regulatory Organizations;                          and C below, of the most significant                  member that is subject to the willful
                                              Financial Industry Regulatory                           aspects of such statements.                           violation has been approved, or is
                                              Authority, Inc.; Notice of Filing and                                                                         otherwise permitted pursuant to FINRA
                                                                                                      A. Self-Regulatory Organization’s
                                              Immediate Effectiveness of a Proposed                                                                         rules and the federal securities laws, to
                                                                                                      Statement of the Purpose of, and
                                              Rule Change Relating to the Reporting                                                                         continue in membership
                                                                                                      Statutory Basis for, the Proposed Rule
                                              Requirements of FINRA Rule                                                                                    notwithstanding the disqualification.6
                                                                                                      Change                                                   For the following reasons, FINRA
                                              4530(a)(1)(H)
                                                                                                      1. Purpose                                            believes that there is no regulatory value
                                              May 13, 2015.
                                                                                                         FINRA Rule 4530 requires members to
                                                 Pursuant to Section 19(b)(1) of the                  report to FINRA specified events, such
                                                                                                                                                              5 See  15 U.S.C. 78c(a)(39).
                                                                                                                                                              6 In general, persons subject to a statutory
                                              Securities Exchange Act of 1934                         as statutory disqualifications, and                   disqualification would be required to obtain
                                              (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 quarterly statistical and summary                     approval from FINRA to enter or remain in the
                                              notice is hereby given that on May 5,                   information regarding written customer                securities industry. A firm seeking to continue in
                                              2015, Financial Industry Regulatory                     complaints.4 FINRA uses the                           membership, notwithstanding the existence of such
                                              Authority, Inc. (‘‘FINRA’’) filed with the                                                                    a disqualification, generally would be required to
                                                                                                      information for regulatory purposes to                file an MC–400A application with FINRA.
                                              Securities and Exchange Commission
                                                                                                      identify and initiate investigations of               Similarly, a firm seeking to sponsor (i.e., employ or
                                              (‘‘SEC’’ or ‘‘Commission’’) the proposed                                                                      associate with) a disqualified person generally
                                                                                                      firms, offices and associated persons
                                              rule change as described in Items I and                                                                       would be required to file an MC–400 application
                                                                                                      that may pose a risk.                                 with FINRA. However, as described in Regulatory
                                              II below, which Items have been                            FINRA Rule 4530(a)(1)(H) requires a                Notice 09–19 (April 2009), a firm would not be
                                              prepared by FINRA. FINRA has                            member to report whenever the member                  required to file an application for approval for
                                              designated the proposed rule change as                  itself or an associated person of the                 specific disqualifying events. For instance, a firm
tkelley on DSK3SPTVN1PROD with NOTICES




                                              constituting a ‘‘non-controversial’’ rule               member is subject to a ‘‘statutory                    that is subject to a statutory disqualification based
                                              change under paragraph (f)(6) of Rule                                                                         on a willful violation of the federal securities laws
                                                                                                                                                            would not be required to file an MC–400A
                                                                                                        3 17CFR 240.19b–4(f)(6).
                                                5 15
                                                                                                                                                            application with FINRA if the sanction is no longer
                                                     U.S.C. 78s(b)(2).                                  4 Thespecified events and customer complaint        in effect. Such a firm would be permitted to
                                                6 17 CFR 200.30–3(a)(31).                             information must be electronically reported to        continue in membership notwithstanding the
                                                1 15 U.S.C. 78s(b)(1).
                                                                                                      FINRA via an application on FINRA’s Firm              disqualification and without having to file an
                                                2 17 CFR 240.19b–4.                                   Gateway.                                              application with FINRA for approval.



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                                                                               Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices                                                          28741

                                              in requiring a firm to report dealings                    person that has been approved or is                          At any time within 60 days of the
                                              with a disqualified member or                             otherwise permitted to be a member or                     filing of the proposed rule change, the
                                              associated person that has been                           associated with a member.                                 Commission summarily may
                                              approved or is otherwise permitted to be                                                                            temporarily suspend such rule change if
                                                                                                        C. Self-Regulatory Organization’s
                                              a member or associated with a member.                                                                               it appears to the Commission that such
                                                                                                        Statement on Comments on the
                                              First, FINRA is aware of the statutory                                                                              action is necessary or appropriate in the
                                                                                                        Proposed Rule Change Received from
                                              disqualification status of such members                                                                             public interest, for the protection of
                                                                                                        Members, Participants, or Others
                                              and associated persons. Second,                                                                                     investors, or otherwise in furtherance of
                                                                                                        Written comments were neither solicited
                                              disqualified members and associated                                                                                 the purposes of the Act. If the
                                                                                                        nor received.
                                              persons that have been approved to be                                                                               Commission takes such action, the
                                              members or associated with members                        III. Date of Effectiveness of the                         Commission shall institute proceedings
                                              typically are subject to special                          Proposed Rule Change and Timing for                       to determine whether the proposed rule
                                              supervisory conditions, and FINRA                         Commission Action                                         should be approved or disapproved.
                                              periodically examines them to ensure                         Because the proposed rule change
                                              compliance with the supervisory                                                                                     IV. Solicitation of Comments
                                                                                                        does not (i) significantly affect the
                                              conditions and to monitor for other                       protection of investors or the public                       Interested persons are invited to
                                              problems.                                                 interest; (ii) impose any significant                     submit written data, views and
                                                Therefore, FINRA is proposing to                        burden on competition; and (iii) become                   arguments concerning the foregoing,
                                              amend Rule 4530(a)(1)(H) to exclude                       operative for 30 days from the date on                    including whether the proposed rule
                                              activities with a disqualified member or                  which it was filed, or such shorter time                  change is consistent with the Act.
                                              associated person that has been                           as the Commission may designate, the                      Comments may be submitted by any of
                                              approved (or is otherwise permitted                       proposed rule change has become                           the following methods:
                                              pursuant to FINRA rules and the federal                   effective pursuant to Section 19(b)(3)(A)                 Electronic Comments
                                              securities laws) to be a member or                        of the Act 8 and Rule 19b–4(f)(6)
                                              associated with a member.                                                                                             • Use the Commission’s Internet
                                                                                                        thereunder.9
                                                FINRA has filed the proposed rule                          A proposed rule change filed                           comment form (http://www.sec.gov/
                                              change for immediate effectiveness. The                   pursuant to Rule 19b–4(f)(6) under the                    rules/sro.shtml); or
                                              implementation date of the proposed                                                                                   • Send an email to rule-comments@
                                                                                                        Act 10 normally does not become
                                              rule change will be the date of filing.                                                                             sec.gov. Please include File Number SR–
                                                                                                        operative for 30 days after the date of its
                                                                                                        filing. However, Rule 19b–4(f)(6)(iii)11                  FINRA–2015–011 on the subject line.
                                              2. Statutory Basis
                                                                                                        permits the Commission to designate a                     Paper Comments
                                                 FINRA believes that the proposed rule                  shorter time if such action is consistent
                                              change is consistent with the provisions                                                                               • Send paper comments in triplicate
                                                                                                        with the protection of investors and the                  to Secretary, Securities and Exchange
                                              of Section 15A(b)(6) of the Act,7 which                   public interest. FINRA requested the
                                              requires, among other things, that                                                                                  Commission, 100 F Street NE.,
                                                                                                        Commission to waive the 30-day                            Washington, DC 20549–1090.
                                              FINRA rules must be designed to                           operative delay so it can implement the
                                              prevent fraudulent and manipulative                       proposed rule change immediately.                         All submissions should refer to File
                                              acts and practices, to promote just and                   FINRA stated that waiver of the                           Number SR–FINRA–2015–011. This file
                                              equitable principles of trade, and, in                    operative delay would eliminate                           number should be included on the
                                              general, to protect investors and the                     unnecessary reporting requirements                        subject line if email is used. To help the
                                              public interest. FINRA believes that the                  relating to dealings with members or                      Commission process and review your
                                              proposed rule change will further these                   associated persons that are subject to a                  comments more efficiently, please use
                                              purposes by eliminating unnecessary                       statutory disqualification where FINRA                    only one method. The Commission will
                                              reporting of information to FINRA and                     already has access to information                         post all comments on the Commission’s
                                              allowing FINRA to use its resources                       regarding the status of such persons and                  Internet Web site (http://www.sec.gov/
                                              more efficiently. FINRA also believes                     they have either been approved or are                     rules/sro.shtml). Copies of the
                                              that the proposed rule change will serve                  otherwise permitted to be a member or                     submission, all subsequent
                                              to reduce potential compliance burdens                    associated with a member. The                             amendments, all written statements
                                              on firms without compromising the                         Commission believes the waiver of the                     with respect to the proposed rule
                                              regulatory information available to                       operative delay is consistent with the                    change that are filed with the
                                              FINRA.                                                    protection of investors and the public                    Commission, and all written
                                                                                                        interest. Therefore, the Commission                       communications relating to the
                                              B. Self-Regulatory Organization’s                                                                                   proposed rule change between the
                                              Statement on Burden on Competition                        hereby waives the operative delay and
                                                                                                        designates the proposal operative upon                    Commission and any person, other than
                                                 FINRA does not believe that the                        filing.12                                                 those that may be withheld from the
                                              proposed rule change will result in any                                                                             public in accordance with the
                                              burden on competition that is not                           8 15  U.S.C. 78s(b)(3)(A).                              provisions of 5 U.S.C. 552, will be
                                              necessary or appropriate in furtherance                     9 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–       available for Web site viewing and
                                              of the purposes of the Act.                               4(f)(6)(iii) requires a self-regulatory organization to   printing in the Commission’s Public
                                                 The proposed rule change would                         provide the Commission with written notice of its         Reference Room, 100 F Street NE.,
                                              reduce potential compliance burdens on                    intent to file the proposed rule change, along with
                                                                                                        a brief description and text of the proposed rule         Washington, DC 20549, on official
                                              firms by eliminating the requirement                      change, at least five business days prior to the date     business days between the hours of
tkelley on DSK3SPTVN1PROD with NOTICES




                                              under FINRA Rule 4530(a)(1)(H) to                         of filing of the proposed rule change, or such            10:00 a.m. and 3:00 p.m. Copies of the
                                              report to FINRA each instance where a                     shorter time as designated by the Commission.
                                                                                                        FINRA has fulfilled this requirement.
                                                                                                                                                                  filing also will be available for
                                              firm or an associated person is involved                    10 17 CFR 240.19b–4(f)(6).                              inspection and copying at the principal
                                              in a financial activity with a                              11 17 CFR 240.19b–4(f)(6)(iii).                         office of FINRA. All comments received
                                              disqualified member or associated                           12 For purposes only of waiving the 30-day

                                                                                                        operative delay, the Commission has also                  efficiency, competition, and capital formation. See
                                                7 15   U.S.C. 78o–3(b)(6).                              considered the proposed rule’s impact on                  15 U.S.C. 78c(f).



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                                              28742                           Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices

                                              will be posted without change; the                      the Exchange pursuant to EDGX Rule                    fee code BY to $0.00150 per share in
                                              Commission does not edit personal                       15.1(a) and (c) (‘‘Fee Schedule’’) to: (i)            securities priced at or above $1.00.7 The
                                              identifying information from                            decrease the rebate for orders yielding               proposed change represents a pass
                                              submissions. You should submit only                     fee code BY, which routes to the BATS                 through of the rate BATS Trading, Inc.
                                              information that you wish to make                       Y-Exchange, Inc. (‘‘BYX’’) and removes                (‘‘BATS Trading’’), the Exchange’s
                                              available publicly. All submissions                     liquidity using routing strategies                    affiliated routing broker-dealer, is
                                              should refer to File Number SR–FINRA–                   Destination Specific (‘‘DIRC’’), ROUC, or             provided for routing orders to BYX that
                                              2015–011 and should be submitted on                     ROUE; 6 (ii) decrease the standard rate               remove liquidity. The proposed change
                                              or before June 9, 2015.                                 charged for removing liquidity from the               is in response to BYX’s May 2015 fee
                                                For the Commission, by the Division of                Exchange from $0.0030 per share to                    change where BYX decreased its rebate
                                              Trading and Markets, pursuant to delegated              $0.0029 per share; and (iii) make a few               from $0.00160 per share to $0.00150 per
                                              authority.13                                            non-substantive clarifying changes.                   share for orders in securities priced at
                                              Robert W. Errett,                                       Changes to the fee schedule pursuant to               or above $1.00.8 When BATS Trading
                                              Deputy Secretary.                                       this proposal are effective upon filing.              routes to and removes liquidity from
                                                                                                         The text of the proposed rule change               BYX, it will now receive a standard
                                              [FR Doc. 2015–12030 Filed 5–18–15; 8:45 am]
                                                                                                      is available at the Exchange’s Web site               rebate of $0.00150 per share. BATS
                                              BILLING CODE 8011–01–P
                                                                                                      at www.batstrading.com, at the                        Trading will pass through the rebate
                                                                                                      principal office of the Exchange, and at              provided by BYX to the Exchange and
                                                                                                      the Commission’s Public Reference                     the Exchange, in turn, will pass through
                                              SECURITIES AND EXCHANGE
                                                                                                      Room.                                                 this rate to its Members.
                                              COMMISSION
                                                                                                      II. Self-Regulatory Organization’s                    Standard Removal Rate Change
                                              [Release No. 34–74950; File No. SR–EDGX–                Statement of the Purpose of, and
                                              2015–22]                                                Statutory Basis for, the Proposed Rule                   In securities priced at or above $1.00,
                                                                                                      Change                                                the Exchange currently charges a fee or
                                              Self-Regulatory Organizations; EDGX                                                                           $0.0030 per share when removing
                                              Exchange, Inc.; Notice of Filing and                       In its filing with the Commission, the             liquidity. The Exchange now proposes
                                              Immediate Effectiveness of a Proposed                   Exchange included statements                          to decrease the standard rate charged for
                                              Rule Change Related to Fees for Use                     concerning the purpose of and basis for               removing liquidity from the Exchange
                                              of EDGX Exchange, Inc.                                  the proposed rule change and discussed                from $0.0030 per share to $0.0029 per
                                                                                                      any comments it received on the                       share in securities priced at or above
                                              May 13, 2015.                                           proposed rule change. The text of these               $1.00.9 The standard removal rate
                                                 Pursuant to Section 19(b)(1) of the                  statements may be examined at the                     applies unless a Member’s transaction is
                                              Securities Exchange Act of 1934 (the                    places specified in Item IV below. The                assigned a fee code other than a
                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  Exchange has prepared summaries, set                  standard fee code. If a Member’s
                                              notice is hereby given that on April 30,                forth in Sections A, B, and C below, of               transaction is assigned a fee code other
                                              2015, EDGX Exchange, Inc. (the                          the most significant parts of such                    than a standard fee code, the rates listed
                                              ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                statements.                                           in the Fee Codes table of the Fee
                                              Securities and Exchange Commission                      (A) Self-Regulatory Organization’s                    Schedule will apply.
                                              (‘‘Commission’’) the proposed rule                      Statement of the Purpose of, and                         The standard rate for removing
                                              change as described in Items I, II and III              Statutory Basis for, the Proposed Rule                liquidity from the Exchange will be
                                              below, which Items have been prepared                   Change                                                $0.0029 per share and no lower fees will
                                              by the Exchange. The Exchange has                                                                             be available if a Member qualifies for a
                                              designated the proposed rule change as                  1. Purpose
                                                                                                                                                            tier included in footnote 1 of the Fee
                                              one establishing or changing a member                      The Exchange proposes to: (i)                      Schedule. Therefore, the Exchange
                                              due, fee, or other charge imposed by the                Decrease the rebate for orders yielding               proposes to make a series of changes to
                                              Exchange under Section 19(b)(3)(A)(ii)                  fee code BY, which routes to BYX and                  the Fee Schedule as a result of
                                              of the Act 3 and Rule 19b–4(f)(2)                       removes liquidity using routing                       decreasing the standard rate to $0.0029
                                              thereunder,4 which renders the                          strategies DIRC, ROUC, or ROUE; (ii)                  per share. First, the Exchange proposes
                                              proposed rule change effective upon                     decrease the standard rate charged for                to amend footnote 1 to remove
                                              filing with the Commission. The                         removing liquidity from the Exchange                  references to reduced fees for removing
                                              Commission is publishing this notice to                 from $0.0030 per share to $0.0029 per                 or routing liquidity from the Exchange.
                                              solicit comments on the proposed rule                   share; and (iii) make a few non-                      Under footnote 1, if a Member satisfies
                                              change from interested persons.                         substantive clarifying changes.                       the respective tier’s criteria, they would
                                              I. Self-Regulatory Organization’s                       Fee Code BY                                           be charged a reduced fee of: (i) $0.0029
                                              Statement of the Terms of Substance of                                                                        per share under Mega Tier 1; (ii)
                                                                                                         In securities priced at or above $1.00,            $0.0029 per share under Mega Tier 2; or
                                              the Proposed Rule Change
                                                                                                      the Exchange currently provides a                     (iii) $$0.00295 per share under Mega
                                                The Exchange filed a to amend its fees                rebate of $0.00160 per share for
                                              and rebates applicable to Members 5 of                  Members’ orders that yield fee code BY,                 7 The Exchange does not propose to amend its fee
                                                                                                      which routes to BYX and removes                       for orders that yield fee code BY in securities priced
                                                13 17 CFR 200.30–3(a)(12).                            liquidity using routing strategies DIRC,              below $1.00.
                                                1 15 U.S.C. 78s(b)(1).
                                                                                                      ROUC, or ROUE. The Exchange                             8 See BYX Exchange Fee Schedule Changes
tkelley on DSK3SPTVN1PROD with NOTICES




                                                2 17 CFR 240.19b–4.
                                                                                                      proposes to amend its Fee Schedule to                 Effective May 1, 2015 available at http://
                                                3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                                                                            cdn.batstrading.com/resources/fee_schedule/2015/
                                                4 17 CFR 240.19b–4(f)(2).                             decrease the rebate for orders that yield             BATS-BYX-Exchange-BZX-Exchange-EDGA-
                                                5 The term ‘‘Member’’ is defined as ‘‘any                                                                   Exchange-and-EDGX-Exchange-Fee-Schedule-
                                              registered broker or dealer, or any person associated   Exchange as that term is defined in Section 3(a)(3)   Changes-Effective-May-1-2015.pdf.
                                              with a registered broker or dealer [sic], that has      of the Act.’’ See Exchange Rule 1.5(n).                 9 The Exchange does not propose to amend its

                                              been admitted to membership in the Exchange. A            6 The DIRC, ROUC, and ROUE routing strategies       standard rate for orders in securities priced below
                                              Member will have the status of a ‘‘member’’ of the      are set forth in Exchange Rule 11.11(g).              $1.00.



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Document Created: 2015-12-15 15:29:55
Document Modified: 2015-12-15 15:29:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 28740 

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