81_FR_14547 81 FR 14495 - Sunshine Act Meeting

81 FR 14495 - Sunshine Act Meeting

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 52 (March 17, 2016)

Page Range14495-14495
FR Document2016-06130

Federal Register, Volume 81 Issue 52 (Thursday, March 17, 2016)
[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Page 14495]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06130]


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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission (``Commission'') will hold an Open Meeting on 
Monday, March 21, 2016, at 11:00 a.m., in the Auditorium (L-002) at the 
Commission's headquarters building, to hear oral argument in an appeal 
from an initial decision of an administrative law judge by respondents 
Edgar Page (``Page'') and PageOne Financial, Inc. (``PageOne'').
    On March 10, 2015, after the Commission instituted proceedings, 
Page and PageOne submitted an offer of settlement, accepted by the 
Commission, pursuant to which they consented to entry of an order: 
finding that they violated the Investment Advisers Act of 1940 by 
failing to disclose a conflict of interest; imposing a censure and a 
cease-and-desist order; and ordering additional proceedings to 
determine what, if any, disgorgement, prejudgment interest, civil 
penalties, and other remedial action is in the public interest. In an 
initial decision issued June 25, 2015, the law judge barred Page from 
the securities industry, revoked PageOne's investment adviser 
registration, ordered Page and PageOne to disgorge $2,184,850.30, with 
prejudgment interest, jointly and severally, and declined to impose a 
civil penalty.
    Page and PageOne appealed the sanctions imposed in the initial 
decision. The Commission's Division of Enforcement cross-appealed the 
initial decision's imposition of a time-limited industry bar, as 
opposed to a permanent industry bar with a right to reapply. The oral 
argument is likely to address what penalties, if any, are appropriate 
in the public interest. Also likely to be considered at oral argument 
is whether these administrative proceedings violate the U.S. 
Constitution.
    For further information, please contact the Office of the Secretary 
at (202) 551-5400.

    Dated: March 14, 2016.
Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2016-06130 Filed 3-15-16; 11:15 am]
 BILLING CODE 8011-01-P



                                                                                     Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices                                            14495

                                                      For the Commission, by the Division of                    Dated: March 14, 2016.                                forth in sections A, B, and C below, of
                                                    Trading and Markets, pursuant to delegated                Lynn M. Powalski,                                       the most significant aspects of such
                                                    authority.34                                              Deputy Secretary.                                       statements.
                                                    Lynn M. Powalski,                                         [FR Doc. 2016–06130 Filed 3–15–16; 11:15 am]
                                                    Deputy Secretary.
                                                                                                                                                                      A. Self-Regulatory Organization’s
                                                                                                              BILLING CODE 8011–01–P                                  Statement of the Purpose of, and
                                                    [FR Doc. 2016–05977 Filed 3–16–16; 8:45 am]
                                                                                                                                                                      Statutory Basis for, the Proposed Rule
                                                    BILLING CODE 8011–01–P
                                                                                                                                                                      Change
                                                                                                              SECURITIES AND EXCHANGE
                                                                                                              COMMISSION                                              1. Purpose
                                                    SECURITIES AND EXCHANGE
                                                    COMMISSION                                                [Release No. 34–77350; File No. SR–BX–                     The Exchange is proposing to amend
                                                                                                              2016–014]                                               the fee schedule under BX Rule 7018(a),
                                                    Sunshine Act Meeting                                                                                              relating to fees and credits provided for
                                                                                                              Self-Regulatory Organizations;                          orders in securities priced and $1 or
                                                       Notice is hereby given, pursuant to                    NASDAQ BX, Inc.; Notice of Filing and                   more per share that execute on BX.
                                                    the provisions of the Government in the                   Immediate Effectiveness of a Proposed
                                                                                                                                                                         Under BX Rule 7018(a), the Exchange
                                                    Sunshine Act, Public Law 94–409, that                     Rule Change To Amend Exchange
                                                                                                                                                                      provides credits to member firms that
                                                    the Securities and Exchange                               Rule 7018
                                                                                                                                                                      access liquidity on BX. The Exchange is
                                                    Commission (‘‘Commission’’) will hold                     March 11, 2016.                                         proposing to eliminate two credit tiers,
                                                    an Open Meeting on Monday, March 21,                         Pursuant to Section 19(b)(1) of the                  as well as to amend the criteria of two
                                                    2016, at 11:00 a.m., in the Auditorium                    Securities Exchange Act of 1934                         other credit tiers, each for orders that
                                                    (L–002) at the Commission’s                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 access liquidity (excluding orders with
                                                    headquarters building, to hear oral                       notice is hereby given that on February                 midpoint pegging and excluding orders
                                                    argument in an appeal from an initial                     29, 2016, NASDAQ BX, Inc. (‘‘BX’’ or                    that receive price improvement and
                                                    decision of an administrative law judge                   ‘‘Exchange’’) filed with the Securities                 execute against an order with midpoint
                                                    by respondents Edgar Page (‘‘Page’’) and                  and Exchange Commission (‘‘SEC’’ or                     pegging).
                                                    PageOne Financial, Inc. (‘‘PageOne’’).                    ‘‘Commission’’) the proposed rule                          Specifically, the first eliminated
                                                       On March 10, 2015, after the                           change as described in Items I, II, and                 credit tier is for a member that adds and
                                                    Commission instituted proceedings,                        III below, which Items have been                        accesses liquidity equal to or exceeding
                                                    Page and PageOne submitted an offer of                    prepared by the Exchange. The                           0.50% of total consolidated volume
                                                    settlement, accepted by the                               Commission is publishing this notice to                 (‘‘TCV’’) during a month to receive a
                                                    Commission, pursuant to which they                        solicit comments on the proposed rule                   credit of $0.0017 per share executed.
                                                    consented to entry of an order: finding                   change from interested persons.                         The second eliminated credit tier is for
                                                    that they violated the Investment                                                                                 a member that accesses liquidity equal
                                                    Advisers Act of 1940 by failing to                        I. Self-Regulatory Organization’s
                                                                                                                                                                      to or exceeding 0.05% of TCV during a
                                                    disclose a conflict of interest; imposing                 Statement of the Terms of Substance of
                                                                                                                                                                      month to receive a credit of $0.0008 per
                                                    a censure and a cease-and-desist order;                   the Proposed Rule Change
                                                                                                                                                                      share executed.
                                                    and ordering additional proceedings to                       The Exchange proposes to amend the                      Members that previously would have
                                                    determine what, if any, disgorgement,                     fee schedule under Exchange Rule                        qualified under the eliminated tiers may
                                                    prejudgment interest, civil penalties,                    7018(a) with respect to execution and                   continue to qualify for and receive
                                                    and other remedial action is in the                       routing of orders in securities priced at               either an equal or higher credit.
                                                    public interest. In an initial decision                   $1 or more per share.                                   Specifically, members that previously
                                                    issued June 25, 2015, the law judge                          This filing is being made for                        qualified for the credit of $0.0017 per
                                                    barred Page from the securities industry,                 immediate effectiveness and will                        share executed for adding and accessing
                                                    revoked PageOne’s investment adviser                      become operative March 1, 2016.                         liquidity equal to or exceeding 0.50% of
                                                    registration, ordered Page and PageOne                       The text of the proposed rule change
                                                                                                                                                                      TCV during a month may still receive
                                                    to disgorge $2,184,850.30, with                           is also available on the Exchange’s Web
                                                                                                                                                                      the same credit, but for meeting the
                                                    prejudgment interest, jointly and                         site at http://
                                                                                                                                                                      lower TCV threshold and through solely
                                                    severally, and declined to impose a civil                 nasdaqomxbx.cchwallstreet.com, at the
                                                                                                                                                                      accessing liquidity (no longer includes
                                                    penalty.                                                  principal office of the Exchange, and at
                                                                                                                                                                      adding liquidity) equal to or exceeding
                                                       Page and PageOne appealed the                          the Commission’s Public Reference
                                                                                                                                                                      0.20% of TCV during a month.
                                                    sanctions imposed in the initial                          Room.
                                                                                                                                                                      Otherwise, members may receive a
                                                    decision. The Commission’s Division of                    II. Self-Regulatory Organization’s                      lower credit. For [sic] members that
                                                    Enforcement cross-appealed the initial                    Statement of the Purpose of, and                        previously qualified for the credit of
                                                    decision’s imposition of a time-limited                   Statutory Basis for, the Proposed Rule                  $0.0008 per share executed for accessing
                                                    industry bar, as opposed to a permanent                   Change                                                  liquidity equal to or exceeding 0.05% of
                                                    industry bar with a right to reapply. The                    In its filing with the Commission, the               TCV during a month will receive a
                                                    oral argument is likely to address what                   Exchange included statements                            higher credit of $0.0015 per share
                                                    penalties, if any, are appropriate in the                 concerning the purpose of and basis for                 executed for meeting the same monthly
                                                    public interest. Also likely to be                                                                                threshold.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                              the proposed rule change and discussed
                                                    considered at oral argument is whether                    any comments it received on the                            The first amended credit tier reduces
                                                    these administrative proceedings violate                  proposed rule change. The text of these                 the threshold to qualify for a credit of
                                                    the U.S. Constitution.                                    statements may be examined at the                       $0.0016 per share executed. The current
                                                       For further information, please                        places specified in Item IV below. The                  threshold requires a member to access
                                                    contact the Office of the Secretary at                    Exchange has prepared summaries, set                    liquidity equal to or exceeding 0.15% of
                                                    (202) 551–5400.                                                                                                   TCV during a month. The proposed rule
                                                                                                                1 15   U.S.C. 78s(b)(1).                              change lowers this threshold for a
                                                      34 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                 member to access liquidity equal to or


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Document Created: 2016-03-17 00:58:17
Document Modified: 2016-03-17 00:58:17
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 Citation81 FR 14495 

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