80_FR_73478 80 FR 73252 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Granting Approval of Proposed Rule Change Relating to Margin Requirements

80 FR 73252 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Granting Approval of Proposed Rule Change Relating to Margin Requirements

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 226 (November 24, 2015)

Page Range73252-73254
FR Document2015-29842

Federal Register, Volume 80 Issue 226 (Tuesday, November 24, 2015)
[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Notices]
[Pages 73252-73254]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29842]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76469; File No. SR-CBOE-2015-077]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Order Granting Approval of Proposed Rule Change Relating 
to Margin Requirements

November 18, 2015.

I. Introduction

    On September 22, 2015, Chicago Board Options Exchange, Incorporated 
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (``Commission''), pursuant to Section 19(b)(1) of the 
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 
thereunder,\2\ a proposed rule change relating to margin requirements. 
The proposed rule change was published for comment in the Federal 
Register on October 8, 2015.\3\ The Commission received no comments on 
the proposed rule change. This order grants approval of the proposed 
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 76068 (October 2, 
2015), 80 FR 60941 (``Notice'').
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II. Description of the Proposed Rule Change

    CBOE proposes to amend its rules related to margin requirements. 
Rule 12.3 sets forth margin requirements, and certain exceptions to 
those requirements, applicable to security positions of Trading Permit 
Holders' customers. Rule 12.3(c)(5)(C)(2) currently requires no margin 
for covered calls and puts. Specifically, that rule provides the 
following:
     No margin need be required in respect of an option 
contract, stock index warrant, currency index warrant or currency 
warrant carried in a short position which is covered by a long position 
in equivalent units of the

[[Page 73253]]

underlying security in the case of a call (covered call), or a short 
position in equivalent units of the underlying security in the case of 
a put (covered put).\4\
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    \4\ See Notice, supra note 3, at 60942. CBOE notes, in computing 
margin on such a position in the underlying security, (a) in the 
case of a call, the current market value to be used shall not be 
greater than the exercise price and (b) in the case of a put, margin 
will be the amount required by Rule 12.3(b)(2), plus the amount, if 
any, by which the exercise price of the put exceeds the current 
market value of the underlying.
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     An underlying stock basket \5\ may serve as cover for an 
option contract or warrant on a market index carried short (subject to 
the same requirements for computing margin).
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    \5\ See Notice, supra note 3, at 60942. An ``underlying stock 
basket'' means a group of securities that includes each of the 
component securities of the applicable index and which meets the 
following conditions: (a) The quantity of each stock in the basket 
is proportional to its representation in the index, (b) the total 
market value of the basket is equal to the underlying index value of 
the index options or warrants to be covered, (c) the securities in 
the basket cannot be used to cover more than the number of index 
options or warrants represented by that value and (d) the securities 
in the basket shall be unavailable to support any other option or 
warrant transaction in the account. See also Rule 12.3(a)(7).
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     No margin is required in respect of a call option on a 
Standard and Poor's 500 (S&P 500) market index carried in a short 
position where there is carried for the same account a long position in 
an underlying open-end index mutual fund (which will be specifically 
designated by the Exchange) having an aggregate market value at least 
equal to the underlying value of the S&P 500 contracts to be covered.
    According to CBOE, the proposed rule change makes some 
nonsubstantive changes to Rule 12.3(c)(5)(C)(2). CBOE represents, the 
proposed rule change letters the provisions listed in the first two 
bulleted paragraphs above to become subparagraphs (2)(a) and (b) and 
moves part of the provision in the first bulleted paragraph to proposed 
subparagraph (2)(c) (as discussed below, the proposed rule change 
deletes the third bulleted paragraph above). CBOE further represents, 
the proposed rule change revises the language to be consistent 
throughout these provisions, including clarifying that the underlying 
security or one of the other permissible offsets must be carried in the 
same account as the option position. CBOE notes, the proposed rule 
change also makes the language more plain English, eliminates 
repetitive language, and inserts a missing space in proposed 
subparagraph (b).
    CBOE states, the proposed rule change adds circumstances in which 
covered calls and puts require no margin. According to CBOE, the 
proposed rule change applies the provision in proposed subparagraph (b) 
to index mutual funds, index portfolio receipts (``IPRs''),\6\ and 
index portfolio shares (``IPSs''),\7\ in addition to underlying stock 
baskets, based on the same index underlying the index option and having 
a market value at least equal to the aggregate current index value.\8\ 
IPRs and IPSs are commonly referred to as exchange-traded funds 
(``ETFs''). CBOE notes, the proposed rule change also deletes the 
provision that provides no margin is required in respect of options on 
a Standard and Poor's 500 (S&P 500) market index carried in a short 
position where there is carried for the same account a long position in 
the underlying open-end index mutual fund having an aggregate market 
value at least equal to the underlying value of the S&P 500 contracts 
to be covered.\9\ CBOE further notes, proposed subparagraph (b) extends 
the same margin exception to any index option offset by a position in a 
mutual fund based on the same underlying index, making this current 
provision duplicative.
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    \6\ See Notice, supra note 3, at 60942. The term ``index 
portfolio receipts'' or ``IPRs'' means securities that (a) represent 
an interest in a unit investment trust (``UIT'') which holds the 
securities that comprise an index on which a series of IPRs is 
based; (b) are issued by the UIT in a specified aggregate minimum 
number in return for a ``Portfolio Deposit'' consisting of specified 
numbers of shares of stock plus a cash amount; (c) when aggregated 
in the same specified minimum number, may be redeemed from the UIT 
which will pay to the redeeming holder the stock and cash then 
comprising the Portfolio Deposit; and (d) pay holders a periodic 
cash payment corresponding to the regular cash dividends or 
distributions declared and paid with respect to the component 
securities of the stock index on which the IPRs are based, less 
certain expenses and other charges as set forth in the UIT 
prospectus. IPRs are ``UIT interests'' within the meaning of the 
CBOE Rules. See also CBOE Rule 1.1, Interpretation and Policy .02.
    \7\ See Notice, supra note 3, at 60942. The term ``index 
portfolio shares'' or ``IPSs'' means securities that (a) are issued 
by an open-end management investment company based on a portfolio of 
stocks or fixed income securities designed to provide investment 
results that correspond generally to the price and yield performance 
of a specified foreign or domestic stock index or fixed income 
securities index; (b) are issued by such an open-end management 
investment company in a specified aggregate minimum number in return 
for a deposit of specified number of shares of stock and/or a cash 
amount, or a specified portfolio of fixed income securities and/or a 
cash amount, with a value equal to the next determined net asset 
value; and (c) when aggregated in the same specified minimum number, 
may be redeemed at a holder's request by such open-end management 
investment company which will pay to the redeeming holder stock and/
or cash, or a specified portfolio of fixed income securities and/or 
cash with a value equal to the next determined net asset value. See 
also CBOE Rule 1.1, Interpretation and Policy .03.
    \8\ See Notice, supra note 3, at 60942. The term ``aggregate 
current index value'' means the current index value times the index 
multiplier. See also CBOE Rule 12.3, Interpretation and Policy .07.
    \9\ See Notice, supra note 3, at 60942. CBOE notes, the proposed 
rule change also deletes the requirement for CBOE to specifically 
designate funds, as it thinks this is no longer necessary due to the 
continued increase in availability of these types of products, as 
discussed below.
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    CBOE states that index ETFs and mutual funds function in a similar 
manner to underlying stock baskets, as they are intended to replicate 
the performance of their underlying market indexes. CBOE believes, the 
types and diversity of products available on the market that track 
indexes continues to increase and provide additional investment and 
hedging opportunities. CBOE also believes while an ETF or mutual fund 
may not meet the definition of an underlying stock basket (for example, 
some ETFs have a sampling of the securities that comprise the 
underlying index), it essentially has the same purpose as an underlying 
stock basket for investors. Therefore, CBOE represents, it closely 
tracks an underlying index, and thus can function as an offsetting 
position to an index option overlying the same index in the same way as 
an underlying stock basket.\10\
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    \10\ See Notice, supra note 3, at 60943. The Exchange notes that 
current federal net capital rules that apply to options define a 
qualified stock basket to mean a set or basket of stock positions 
which represents no less than 50% of the capitalization for a high-
capitalization or non-high-capitalization diversified market index 
or no less than 95% of the capitalization of a narrow-based index. 
Those rules require positions in index options be grouped with 
related instruments within the option's class and qualified stock 
baskets in the same index. See also 17 CFR 240.15c3-1a(b)(1)(i)(D) 
and (ii). Similar to a qualified stock basket, while an ETF or 
mutual fund may not hold every stock included in the underlying 
market index, its holdings are intended to track the index.
---------------------------------------------------------------------------

    According to CBOE, the Board of Governors of the Federal Reserve 
System (``FRB'') previously indicated that no margin would be required 
if an index option (on a broad-based stock index with at least a 99% 
correlation with the S&P 500 index) is covered by an offsetting 
position in S&P Index Depositary Receipts (SPDRS), but rather such SPDR 
positions would be treated as cover in accordance with Section 
220.5(c)(3) of Regulation T.\11\ CBOE and another exchange later 
afforded the same margin treatment to options on the Dow Jones 
Industrial Average (DJIA)

[[Page 73254]]

covered by units of the DIAMONDS Trust held in the same account.\12\ 
CBOE notes, based on this previous guidance from the FRB and the 
Commission, and in conjunction with the Exchange's current rules, CBOE 
has applied this margin treatment to short index option positions where 
there are offsetting positions in an ETF that tracks the same 
underlying index held in the same margin account (which treatment the 
Exchange has announced in Regulatory Circulars).\13\ CBOE believes the 
proposed rule change is consistent with these previous findings and 
applies this margin treatment generally to all ETFs and mutual funds 
that overly market indexes, in the same manner that the rules currently 
apply to underlying stock baskets. Given that the Exchange regularly 
lists new products, including index options, the Exchange believes it 
is appropriate to have a more general rule related to margin on these 
index option products that applies in the same manner rather than 
identifying this margin treatment in Regulatory Circulars.
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    \11\ See Notice, supra note 3, at 60943. See Letter dated 
February 1, 1993 from Michael J. Schoenfeld, FRB, to James McNeil, 
American Stock Exchange (``Amex''); see also Letter dated August 19, 
1992 from James M. McNeil, Amex, to Sharon Lawson, Commission, and 
Letter dated January 14, 1993 from James M. McNeil, Amex, to Laura 
M. Homer, FRB. The section of Regulation T referenced in these 
letters currently corresponds to Section 220.4(b)(4), which provides 
margin requirements when stock is used as cover for short option 
positions.
    \12\ See Notice, supra note 3, at 60943. See Letter dated 
December 3, 1997 from James M. McNeil, Amex, to Scott Holz, FRB, and 
Letter dated January 8, 1998 from Scott Holz, FRB to James M. 
McNeil, Amex; see also Letter dated December 16, 1997 from Richard 
Lewandowski, CBOE, to Mr. Michael Walinskas, Commission. There was 
no objection from the FRB or the Commission to Amex's or CBOE's 
extension of the margin treatment previously provided to SPDRS to 
DIAMONDS.
    \13\ See Notice, supra note 3, at 60943. See also Regulatory 
Circulars RG99-09 (permitting SPDRS and DIAMONDS to cover short 
positions of options on the S&P 500 (``SPX options'') and on the 
DJIA (DJX), respectively); RG00-171 (permitting units of iShares S&P 
100 Index Fund to cover short positions of options on the S&P 100 
Index (OEX)); RG01-119 (permitting Nasdaq-100 Index Tracking Shares 
to cover short positions of options on the Nasdaq-100 Shares (QQQ), 
the Nasdaq 100 Index (NDX) or the Mini-Nasdaq 100 Index (MNX); RG02-
110 (permitting units of the iShares S&P 500 Fund (IVV) to cover 
short SPX option positions); and RG07-126 (permitting units of the 
iShares Russell 200 Index Fund (IWM) to cover short positions of 
options on the Russell 2000 index (RUT)).
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III. Discussion and Commission Findings

    The Commission finds that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder applicable to a national securities exchange.\14\ 
Specifically, the Commission finds that the proposed rule change is 
consistent with Section 6(b)(5) of the Act,\15\ which requires, among 
other things, that the rules of a national securities exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, 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. Specifically, the Commission believes that providing for a 
specific margin treatment related to covered puts and calls to apply to 
all index options in the same manner will promote just and equitable 
principles of trade because stock baskets, ETFs and mutual funds that 
trade a reference index can generally provide the same economic 
function as a security underlying an option.
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    \14\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \15\ 15 U.S.C. 78f(b)(5).
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    Finally, the Commission believes the non-substantive technical 
changes will benefit investors by offering more clarity with respect to 
the margin rules by providing for more consistent and plain English 
language in the rule.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\16\ that the proposed rule change (SR-CBOE-2015-077) be, and 
hereby is, approved.
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    \16\ 15 U.S.C. 78s(b)(2).
    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-29842 Filed 11-23-15; 8:45 am]
BILLING CODE 8011-01-P



                                                  73252                        Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Notices

                                                  C. Self-Regulatory Organization’s                         rules/sro.shtml). Copies of the                       comment in the Federal Register on
                                                  Statement on Comments on the                              submission, all subsequent                            November 17, 2015.3
                                                  Proposed Rule Change Received From                        amendments, all written statements                      On November 13, 2015, the Exchange
                                                  Members, Participants, or Others                          with respect to the proposed rule                     withdrew the proposed rule change
                                                    As explained above, a similar                           change that are filed with the                        (SR–ISE–2015–36).
                                                  proposal was filed by the Exchange as                     Commission, and all written                             For the Commission, by the Division of
                                                  File No. SR–BATS–2015–57 and                              communications relating to the                        Trading and Markets, pursuant to delegated
                                                  Amendment No. 1 thereto. The                              proposed rule change between the                      authority.4
                                                  Exchange received five comments in                        Commission and any person, other than                 Robert W. Errett,
                                                  response to the Initial Proposal and                      those that may be withheld from the                   Deputy Secretary.
                                                  responded to such comments in the                         public in accordance with the                         [FR Doc. 2015–29840 Filed 11–23–15; 8:45 am]
                                                  BATS Comment Response Letter.18 The                       provisions of 5 U.S.C. 552, will be                   BILLING CODE 8011–01–P
                                                  Exchange believes that the BATS                           available for Web site viewing and
                                                  Comment Response Letter as well as the                    printing in the Commission’s Public
                                                  changes to the Initial Proposal that are                  Reference Room, 100 F Street NE.,                     SECURITIES AND EXCHANGE
                                                  reflected in this proposal adequately                     Washington, DC 20549 on official                      COMMISSION
                                                  address comments received.                                business days between the hours of
                                                                                                            10:00 a.m. and 3:00 p.m. Copies of such               [Release No. 34–76469; File No. SR–CBOE–
                                                  III. Date of Effectiveness of the                                                                               2015–077]
                                                                                                            filing also will be available for
                                                  Proposed Rule Change and Timing for                       inspection and copying at the principal               Self-Regulatory Organizations;
                                                  Commission Action                                         offices of the Exchange. All comments                 Chicago Board Options Exchange,
                                                     Within 45 days of the date of                          received will be posted without change;               Incorporated; Order Granting Approval
                                                  publication of this notice in the Federal                 the Commission does not edit personal                 of Proposed Rule Change Relating to
                                                  Register or within such longer period (i)                 identifying information from                          Margin Requirements
                                                  as the Commission may designate up to                     submissions. You should submit only
                                                  90 days of such date if it finds such                     information that you wish to make                     November 18, 2015.
                                                  longer period to be appropriate and                       available publicly. All submissions
                                                                                                                                                                  I. Introduction
                                                  publishes its reasons for so finding or                   should refer to File Number SR–BATS–
                                                  (ii) as to which the Exchange consents,                   2015–101, and should be submitted on                     On September 22, 2015, Chicago
                                                  the Commission will: (a) By order                         or before December 15, 2015.                          Board Options Exchange, Incorporated
                                                  approve or disapprove such proposed                                                                             (‘‘Exchange’’ or ‘‘CBOE’’) filed with the
                                                                                                              For the Commission, by the Division of
                                                  rule change, or (b) institute proceedings                 Trading and Markets, pursuant to delegated            Securities and Exchange Commission
                                                  to determine whether the proposed rule                    authority.19                                          (‘‘Commission’’), pursuant to Section
                                                  change should be disapproved.                             Robert W. Errett,                                     19(b)(1) of the Securities Exchange Act
                                                                                                                                                                  of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                  IV. Solicitation of Comments                              Deputy Secretary.
                                                                                                                                                                  thereunder,2 a proposed rule change
                                                                                                            [FR Doc. 2015–29843 Filed 11–23–15; 8:45 am]
                                                    Interested persons are invited to                                                                             relating to margin requirements. The
                                                                                                            BILLING CODE 8011–01–P
                                                  submit written data, views and                                                                                  proposed rule change was published for
                                                  arguments concerning the foregoing,                                                                             comment in the Federal Register on
                                                  including whether the proposal, as                                                                              October 8, 2015.3 The Commission
                                                                                                            SECURITIES AND EXCHANGE
                                                  modified by Amendment No. 1, is                                                                                 received no comments on the proposed
                                                                                                            COMMISSION
                                                  consistent with the Act. Comments may                                                                           rule change. This order grants approval
                                                  be submitted by any of the following                      [Release No. 34–76467; SR–ISE–2015–36]                of the proposed rule change.
                                                  methods:                                                                                                        II. Description of the Proposed Rule
                                                                                                            Self-Regulatory Organizations;
                                                  Electronic Comments                                       International Securities Exchange,                    Change
                                                    • Use the Commission’s Internet                         LLC; Notice of Withdrawal of a                           CBOE proposes to amend its rules
                                                  comment form (http://www.sec.gov/                         Proposed Rule Change Relating to a                    related to margin requirements. Rule
                                                  rules/sro.shtml); or                                      Corporate Transaction Involving Its                   12.3 sets forth margin requirements, and
                                                    • Send an email to rule-comments@                       Indirect Parent                                       certain exceptions to those
                                                  sec.gov. Please include File Number SR–                                                                         requirements, applicable to security
                                                                                                            November 18, 2015.
                                                  BATS–2015–101 on the subject line.                                                                              positions of Trading Permit Holders’
                                                                                                               On October 30, 2015, the International
                                                                                                                                                                  customers. Rule 12.3(c)(5)(C)(2)
                                                  Paper Comments                                            Securities Exchange, LLC (the
                                                                                                                                                                  currently requires no margin for covered
                                                                                                            ‘‘Exchange’’) filed with the Securities
                                                    • Send paper comments in triplicate                                                                           calls and puts. Specifically, that rule
                                                                                                            and Exchange Commission
                                                  to Secretary, Securities and Exchange                                                                           provides the following:
                                                                                                            (‘‘Commission’’), pursuant to Section                    • No margin need be required in
                                                  Commission, 100 F Street NE.,
                                                                                                            19(b)(1) of the Securities Exchange Act               respect of an option contract, stock
                                                  Washington, DC 20549–1090.
                                                                                                            of 1934 (‘‘Act’’) 1 and Rule 19b–4                    index warrant, currency index warrant
                                                  All submissions should refer to File                      thereunder,2 a proposed rule change to
                                                  Number SR–BATS–2015–101. This file                                                                              or currency warrant carried in a short
                                                                                                            amend and restate certain corporate
                                                  number should be included on the                                                                                position which is covered by a long
                                                                                                            governance documents in connection
                                                                                                                                                                  position in equivalent units of the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  subject line if email is used. To help the                with a proposal to remove Eurex
                                                  Commission process and review your                        Frankfurt AG as an indirect, non-U.S.                   3 See Securities Exchange Act Release No. 76415
                                                  comments more efficiently, please use                     upstream owner of the Exchange. The                   (Nov. 10, 2015), 80 FR 71864.
                                                  only one method. The Commission will                      proposed rule change was published for                  4 17 CFR 200.30–3(a)(57).
                                                  post all comments on the Commission’s                                                                             1 15 U.S.C. 78s(b)(1).
                                                  Internet Web site (http://www.sec.gov/                      19 17 CFR 200.30–3(a)(12).                            2 17 CFR 240.19b–4.
                                                                                                              1 15 U.S.C. 78s(b)(1).                                3 See Securities Exchange Act Release No. 76068
                                                    18 See   supra note 4.                                    2 17 CFR 240.19b-4.                                 (October 2, 2015), 80 FR 60941 (‘‘Notice’’).



                                             VerDate Sep<11>2014     17:20 Nov 23, 2015   Jkt 238001   PO 00000   Frm 00091   Fmt 4703   Sfmt 4703   E:\FR\FM\24NON1.SGM   24NON1


                                                                             Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Notices                                                        73253

                                                  underlying security in the case of a call               margin. According to CBOE, the                            subparagraph (b) extends the same
                                                  (covered call), or a short position in                  proposed rule change applies the                          margin exception to any index option
                                                  equivalent units of the underlying                      provision in proposed subparagraph (b)                    offset by a position in a mutual fund
                                                  security in the case of a put (covered                  to index mutual funds, index portfolio                    based on the same underlying index,
                                                  put).4                                                  receipts (‘‘IPRs’’),6 and index portfolio                 making this current provision
                                                     • An underlying stock basket 5 may                   shares (‘‘IPSs’’),7 in addition to                        duplicative.
                                                  serve as cover for an option contract or                underlying stock baskets, based on the                       CBOE states that index ETFs and
                                                  warrant on a market index carried short                 same index underlying the index option                    mutual funds function in a similar
                                                  (subject to the same requirements for                   and having a market value at least equal                  manner to underlying stock baskets, as
                                                  computing margin).                                      to the aggregate current index value.8                    they are intended to replicate the
                                                     • No margin is required in respect of                IPRs and IPSs are commonly referred to                    performance of their underlying market
                                                  a call option on a Standard and Poor’s                  as exchange-traded funds (‘‘ETFs’’).                      indexes. CBOE believes, the types and
                                                  500 (S&P 500) market index carried in                   CBOE notes, the proposed rule change                      diversity of products available on the
                                                  a short position where there is carried                 also deletes the provision that provides                  market that track indexes continues to
                                                  for the same account a long position in                 no margin is required in respect of                       increase and provide additional
                                                  an underlying open-end index mutual                     options on a Standard and Poor’s 500                      investment and hedging opportunities.
                                                  fund (which will be specifically                        (S&P 500) market index carried in a                       CBOE also believes while an ETF or
                                                  designated by the Exchange) having an                   short position where there is carried for                 mutual fund may not meet the
                                                  aggregate market value at least equal to                the same account a long position in the                   definition of an underlying stock basket
                                                  the underlying value of the S&P 500                     underlying open-end index mutual fund                     (for example, some ETFs have a
                                                  contracts to be covered.                                having an aggregate market value at                       sampling of the securities that comprise
                                                     According to CBOE, the proposed rule                 least equal to the underlying value of                    the underlying index), it essentially has
                                                  change makes some nonsubstantive                        the S&P 500 contracts to be covered.9                     the same purpose as an underlying stock
                                                  changes to Rule 12.3(c)(5)(C)(2). CBOE                  CBOE further notes, proposed                              basket for investors. Therefore, CBOE
                                                  represents, the proposed rule change                                                                              represents, it closely tracks an
                                                  letters the provisions listed in the first                 6 See Notice, supra note 3, at 60942. The term         underlying index, and thus can function
                                                  two bulleted paragraphs above to                        ‘‘index portfolio receipts’’ or ‘‘IPRs’’ means            as an offsetting position to an index
                                                                                                          securities that (a) represent an interest in a unit
                                                  become subparagraphs (2)(a) and (b) and                 investment trust (‘‘UIT’’) which holds the securities
                                                                                                                                                                    option overlying the same index in the
                                                  moves part of the provision in the first                that comprise an index on which a series of IPRs          same way as an underlying stock
                                                  bulleted paragraph to proposed                          is based; (b) are issued by the UIT in a specified        basket.10
                                                  subparagraph (2)(c) (as discussed below,                aggregate minimum number in return for a                     According to CBOE, the Board of
                                                                                                          ‘‘Portfolio Deposit’’ consisting of specified numbers     Governors of the Federal Reserve
                                                  the proposed rule change deletes the                    of shares of stock plus a cash amount; (c) when
                                                  third bulleted paragraph above). CBOE                   aggregated in the same specified minimum number,          System (‘‘FRB’’) previously indicated
                                                  further represents, the proposed rule                   may be redeemed from the UIT which will pay to            that no margin would be required if an
                                                  change revises the language to be                       the redeeming holder the stock and cash then              index option (on a broad-based stock
                                                                                                          comprising the Portfolio Deposit; and (d) pay
                                                  consistent throughout these provisions,                 holders a periodic cash payment corresponding to
                                                                                                                                                                    index with at least a 99% correlation
                                                  including clarifying that the underlying                the regular cash dividends or distributions declared      with the S&P 500 index) is covered by
                                                  security or one of the other permissible                and paid with respect to the component securities         an offsetting position in S&P Index
                                                                                                          of the stock index on which the IPRs are based, less      Depositary Receipts (SPDRS), but rather
                                                  offsets must be carried in the same                     certain expenses and other charges as set forth in
                                                  account as the option position. CBOE                    the UIT prospectus. IPRs are ‘‘UIT interests’’ within
                                                                                                                                                                    such SPDR positions would be treated
                                                  notes, the proposed rule change also                    the meaning of the CBOE Rules. See also CBOE              as cover in accordance with Section
                                                  makes the language more plain English,                  Rule 1.1, Interpretation and Policy .02.                  220.5(c)(3) of Regulation T.11 CBOE and
                                                                                                             7 See Notice, supra note 3, at 60942. The term
                                                  eliminates repetitive language, and                                                                               another exchange later afforded the
                                                                                                          ‘‘index portfolio shares’’ or ‘‘IPSs’’ means securities
                                                  inserts a missing space in proposed                     that (a) are issued by an open-end management
                                                                                                                                                                    same margin treatment to options on the
                                                  subparagraph (b).                                       investment company based on a portfolio of stocks         Dow Jones Industrial Average (DJIA)
                                                     CBOE states, the proposed rule                       or fixed income securities designed to provide
                                                                                                          investment results that correspond generally to the          10 See Notice, supra note 3, at 60943. The
                                                  change adds circumstances in which                      price and yield performance of a specified foreign        Exchange notes that current federal net capital rules
                                                  covered calls and puts require no                       or domestic stock index or fixed income securities        that apply to options define a qualified stock basket
                                                                                                          index; (b) are issued by such an open-end                 to mean a set or basket of stock positions which
                                                     4 See Notice, supra note 3, at 60942. CBOE notes,    management investment company in a specified              represents no less than 50% of the capitalization for
                                                  in computing margin on such a position in the           aggregate minimum number in return for a deposit          a high-capitalization or non-high-capitalization
                                                  underlying security, (a) in the case of a call, the     of specified number of shares of stock and/or a cash      diversified market index or no less than 95% of the
                                                  current market value to be used shall not be greater    amount, or a specified portfolio of fixed income          capitalization of a narrow-based index. Those rules
                                                  than the exercise price and (b) in the case of a put,   securities and/or a cash amount, with a value equal       require positions in index options be grouped with
                                                  margin will be the amount required by Rule              to the next determined net asset value; and (c) when      related instruments within the option’s class and
                                                  12.3(b)(2), plus the amount, if any, by which the       aggregated in the same specified minimum number,          qualified stock baskets in the same index. See also
                                                  exercise price of the put exceeds the current market    may be redeemed at a holder’s request by such             17 CFR 240.15c3–1a(b)(1)(i)(D) and (ii). Similar to
                                                  value of the underlying.                                open-end management investment company which              a qualified stock basket, while an ETF or mutual
                                                     5 See Notice, supra note 3, at 60942. An             will pay to the redeeming holder stock and/or cash,       fund may not hold every stock included in the
                                                  ‘‘underlying stock basket’’ means a group of            or a specified portfolio of fixed income securities       underlying market index, its holdings are intended
                                                  securities that includes each of the component          and/or cash with a value equal to the next                to track the index.
                                                  securities of the applicable index and which meets      determined net asset value. See also CBOE Rule 1.1,          11 See Notice, supra note 3, at 60943. See Letter

                                                  the following conditions: (a) The quantity of each      Interpretation and Policy .03.                            dated February 1, 1993 from Michael J. Schoenfeld,
                                                                                                             8 See Notice, supra note 3, at 60942. The term
                                                  stock in the basket is proportional to its                                                                        FRB, to James McNeil, American Stock Exchange
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                                                  representation in the index, (b) the total market       ‘‘aggregate current index value’’ means the current       (‘‘Amex’’); see also Letter dated August 19, 1992
                                                  value of the basket is equal to the underlying index    index value times the index multiplier. See also          from James M. McNeil, Amex, to Sharon Lawson,
                                                  value of the index options or warrants to be            CBOE Rule 12.3, Interpretation and Policy .07.            Commission, and Letter dated January 14, 1993
                                                  covered, (c) the securities in the basket cannot be        9 See Notice, supra note 3, at 60942. CBOE notes,      from James M. McNeil, Amex, to Laura M. Homer,
                                                  used to cover more than the number of index             the proposed rule change also deletes the                 FRB. The section of Regulation T referenced in
                                                  options or warrants represented by that value and       requirement for CBOE to specifically designate            these letters currently corresponds to Section
                                                  (d) the securities in the basket shall be unavailable   funds, as it thinks this is no longer necessary due       220.4(b)(4), which provides margin requirements
                                                  to support any other option or warrant transaction      to the continued increase in availability of these        when stock is used as cover for short option
                                                  in the account. See also Rule 12.3(a)(7).               types of products, as discussed below.                    positions.



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                                                  73254                      Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Notices

                                                  covered by units of the DIAMONDS                        manipulative acts and practices, to                   comment in the Federal Register on
                                                  Trust held in the same account.12 CBOE                  promote just and equitable principles of              November 17, 2015.3
                                                  notes, based on this previous guidance                  trade, to remove impediments to and                     On November 13, 2015, the Exchange
                                                  from the FRB and the Commission, and                    perfect the mechanism of a free and                   withdrew the proposed rule change
                                                  in conjunction with the Exchange’s                      open market and a national market                     (SR–ISEGemini–2015–24).
                                                  current rules, CBOE has applied this                    system and, in general, to protect
                                                  margin treatment to short index option                  investors and the public interest.                      For the Commission, by the Division of
                                                  positions where there are offsetting                    Specifically, the Commission believes                 Trading and Markets, pursuant to delegated
                                                  positions in an ETF that tracks the same                that providing for a specific margin                  authority.4
                                                  underlying index held in the same                       treatment related to covered puts and                 Robert W. Errett,
                                                  margin account (which treatment the                     calls to apply to all index options in the            Deputy Secretary.
                                                  Exchange has announced in Regulatory                    same manner will promote just and                     [FR Doc. 2015–29841 Filed 11–23–15; 8:45 am]
                                                  Circulars).13 CBOE believes the                         equitable principles of trade because
                                                                                                                                                                BILLING CODE 8011–01–P
                                                  proposed rule change is consistent with                 stock baskets, ETFs and mutual funds
                                                  these previous findings and applies this                that trade a reference index can
                                                  margin treatment generally to all ETFs                  generally provide the same economic                   SECURITIES AND EXCHANGE
                                                  and mutual funds that overly market                     function as a security underlying an                  COMMISSION
                                                  indexes, in the same manner that the                    option.
                                                  rules currently apply to underlying                        Finally, the Commission believes the
                                                  stock baskets. Given that the Exchange                  non-substantive technical changes will                [Release No. 34–76466; File No. SR–C2–
                                                  regularly lists new products, including                 benefit investors by offering more clarity            2015–031]
                                                  index options, the Exchange believes it                 with respect to the margin rules by
                                                  is appropriate to have a more general                   providing for more consistent and plain               Self-Regulatory Organizations; C2
                                                  rule related to margin on these index                   English language in the rule.                         Options Exchange, Incorporated;
                                                  option products that applies in the same                                                                      Notice of Filing and Immediate
                                                  manner rather than identifying this                     IV. Conclusion                                        Effectiveness of a Proposed Rule
                                                  margin treatment in Regulatory                            It is therefore ordered, pursuant to                Change Relating to Delivery of the
                                                  Circulars.                                              Section 19(b)(2) of the Act,16 that the               Regulatory Element of C2’s Continuing
                                                                                                          proposed rule change (SR–CBOE–2015–                   Education Program
                                                  III. Discussion and Commission
                                                                                                          077) be, and hereby is, approved.
                                                  Findings                                                                                                      November 18, 2015.
                                                                                                            For the Commission, by the Division of
                                                     The Commission finds that the                        Trading and Markets, pursuant to delegated               Pursuant to Section 19(b)(1) of the
                                                  proposed rule change is consistent with                 authority.17                                          Securities Exchange Act of 1934 (the
                                                  the requirements of the Act and the                     Robert W. Errett,                                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  rules and regulations thereunder                        Deputy Secretary.                                     notice is hereby given that on November
                                                  applicable to a national securities                                                                           05, 2015, C2 Options Exchange,
                                                                                                          [FR Doc. 2015–29842 Filed 11–23–15; 8:45 am]
                                                  exchange.14 Specifically, the                                                                                 Incorporated (the ‘‘Exchange’’ or ‘‘C2’’)
                                                                                                          BILLING CODE 8011–01–P
                                                  Commission finds that the proposed                                                                            filed with the Securities and Exchange
                                                  rule change is consistent with Section                                                                        Commission (the ‘‘Commission’’) the
                                                  6(b)(5) of the Act,15 which requires,                   SECURITIES AND EXCHANGE                               proposed rule change as described in
                                                  among other things, that the rules of a                 COMMISSION                                            Items I and II below, which Items have
                                                  national securities exchange be
                                                                                                          [Release No. 34–76468; SR–ISEGemini-                  been prepared by the Exchange. The
                                                  designed to prevent fraudulent and
                                                                                                          2015–24]                                              Commission is publishing this notice to
                                                     12 See Notice, supra note 3, at 60943. See Letter                                                          solicit comments on the proposed rule
                                                  dated December 3, 1997 from James M. McNeil,            Self-Regulatory Organizations; ISE                    change from interested persons.
                                                  Amex, to Scott Holz, FRB, and Letter dated January      Gemini, LLC; Notice of Withdrawal of
                                                  8, 1998 from Scott Holz, FRB to James M. McNeil,        a Proposed Rule Change Relating to a                  I. Self-Regulatory Organization’s
                                                  Amex; see also Letter dated December 16, 1997
                                                                                                          Corporate Transaction Involving Its                   Statement of the Terms of the Substance
                                                  from Richard Lewandowski, CBOE, to Mr. Michael
                                                  Walinskas, Commission. There was no objection           Indirect Parent                                       of the Proposed Rule Change
                                                  from the FRB or the Commission to Amex’s or
                                                  CBOE’s extension of the margin treatment                November 18, 2015.                                      The purpose of the proposed rule
                                                  previously provided to SPDRS to DIAMONDS.                  On October 30, 2015, ISE Gemini, LLC               change is to expand on the Exchange’s
                                                     13 See Notice, supra note 3, at 60943. See also
                                                                                                          (the ‘‘Exchange’’) filed with the                     past representations made in SR–C2–
                                                  Regulatory Circulars RG99–09 (permitting SPDRS
                                                  and DIAMONDS to cover short positions of options        Securities and Exchange Commission                    2015–024 3 with respect to Continuing
                                                  on the S&P 500 (‘‘SPX options’’) and on the DJIA        (‘‘Commission’’), pursuant to Section                 Education (‘‘CE’’) Fees and Web-based
                                                  (DJX), respectively); RG00–171 (permitting units of     19(b)(1) of the Securities Exchange Act               delivery of the Regulatory Element of
                                                  iShares S&P 100 Index Fund to cover short                                                                     the Exchange’s CE program. There are
                                                  positions of options on the S&P 100 Index (OEX));
                                                                                                          of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                  RG01–119 (permitting Nasdaq-100 Index Tracking          thereunder,2 a proposed rule change to                no proposed changes to the text of the
                                                  Shares to cover short positions of options on the       amend and restate certain corporate                   Exchange’s rules.
                                                  Nasdaq-100 Shares (QQQ), the Nasdaq 100 Index           governance documents in connection
                                                  (NDX) or the Mini-Nasdaq 100 Index (MNX); RG02–
                                                  110 (permitting units of the iShares S&P 500 Fund       with a proposal to remove Eurex                         3 See Securities Exchange Act Release No. 76416
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                                                  (IVV) to cover short SPX option positions); and         Frankfurt AG as an indirect, non-U.S.                 (Nov. 10, 2015), 80 FR 71876.
                                                                                                                                                                  4 17 CFR 200.30–3(a)(57).
                                                  RG07–126 (permitting units of the iShares Russell       upstream owner of the Exchange. The
                                                                                                                                                                  1 15 U.S.C. 78s(b)(1).
                                                  200 Index Fund (IWM) to cover short positions of        proposed rule change was published for
                                                  options on the Russell 2000 index (RUT)).                                                                       2 17 CFR 240.19b–4.
                                                     14 In approving this proposed rule change, the                                                               3 See Securities Exchange Act Release No. 76150
                                                                                                            16 15 U.S.C. 78s(b)(2).
                                                  Commission has considered the proposed rule’s                                                                 (October 14, 2015), 80 FR 63593 (October 20, 2015)
                                                                                                            17 17 CFR 200.30–3(a)(12).
                                                  impact on efficiency, competition, and capital                                                                (Notice of Filing and Immediate Effectiveness of a
                                                  formation. See 15 U.S.C. 78c(f).                          1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                Proposed Rule Change to Amend the Fees
                                                     15 15 U.S.C. 78f(b)(5).                                2 17 CFR 240.19b–4.                                 Schedule) (SR–C2–2015–024).



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Document Created: 2015-12-14 14:08:51
Document Modified: 2015-12-14 14:08:51
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 73252 

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