81 FR 51947 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the BOX Rules Regarding Participants and Associated Persons Who Are or Become Subject to a Statutory Disqualification
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 151 (August 5, 2016)
Federal Register Volume 81, Issue 151 (August 5, 2016)
| Page Range | 51947-51949 | |
| FR Document | 2016-18567 |
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)] [Notices] [Pages 51947-51949] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18567] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-78449; File No. SR-BOX-2016-26] Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the BOX Rules Regarding Participants and Associated Persons Who Are or Become Subject to a Statutory Disqualification August 1, 2016. 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 July 25, 2016, BOX Options Exchange LLC (the ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend the BOX Rules regarding Participants and associated persons who are or become subject to a statutory disqualification. The text of the proposed rule change is available from the principal office of the Exchange, at the Commission's Public Reference Room and also on the Exchange's Internet Web site at http://boxexchange.com. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included [[Page 51948]] statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to amend Rule 2040 (Restrictions) to add language which provides the Exchange with the discretion to determine whether to permit a person to become an Options Participant or an associated person of a Participant or continue as a Participant or in association with a Participant on the Exchange. Currently, Rule 2040 restricts any persons from becoming an Options Participant or continuing as an Options Participant where (1) such person is other than a natural person and is not a registered broker or dealer, (2) such person is a natural person who is not either a registered broker or dealer or associated with a registered broker or dealer, (3) such person is subject to a statutory disqualification,\3\ except that a person may become a Participant or continue as a Participant where, pursuant to Rules 19d-1, 19d-2, 19d-3 and 19h-1 of the Act, the Commission has issued an order providing relief from such a disqualification and permitting such a person to become a Participant, or (4) such person is not a member of another registered national securities exchange or association. --------------------------------------------------------------------------- \3\ The Exchange uses the Securities Exchange Act of 1934 definition of statutory disqualification. See 15 U.S.C. 78c(a)(39). --------------------------------------------------------------------------- The Exchange notes that the proposed rule changes below are substantially similar to the Rules of the International Securities Exchange (``ISE'').\4\ The Exchange first proposes to amend the language of Rule 2040 to give itself the discretion to determine if a restriction on a Participant becoming or continuing on as an Options Participant is appropriate. --------------------------------------------------------------------------- \4\ See Securities Exchange Release No. 42455, 65 FR 11401 (March 2, 2000) (Order Granting Registration as a National Securities Exchange). --------------------------------------------------------------------------- The Exchange then proposes to amend BOX Rule 2040(a)(3). Specifically, the Exchange proposes to add a reference to Section 3(a)(39) of the Exchange Act for the definition of statutory disqualification within BOX Rule 2040(a)(3). The Exchange also proposes to delete the language that allows a person to become a Participant or continue as a Participant where, pursuant to Rules 19d-1, 19d-2, 19d-3 and 19h-1 of the Act, the Commission has issued an order providing relief from such a disqualification and permitting such a person to become a Participant. The Exchange believes that this language is obsolete. The Exchange then proposes to add three more situations with regard to whether a person may become a Participant or continue as a Participant in any capacity on the Exchange. The additional restrictions are (1) when such person fails to meet any of the qualification requirements for becoming a Participant or associated with a Participant after approval thereof; (2) such person fails to meet any condition placed by the Exchange on such Participant or association with a Participant; and (3) such person violates any agreement with the Exchange. The Exchange proposes these additions in order to allow the Exchange more discretion in its determination as to whether a person may become or continue as a Participant or in association with a Participant. The Exchange also proposes to add language with regard to a Participant or associated person that becomes subject to a statutory disqualification under the Exchange Act. The proposed rule would allow a Participant or associated person who becomes subject to a statutory disqualification and who wants to continue as a Participant of the Exchange or in association with a Participant, to submit a request to the Exchange seeking to continue as a Participant or in association with a Participant notwithstanding the statutory disqualification.\5\ --------------------------------------------------------------------------- \5\ The Participant or person associated with a Participant must submit the request within thirty (30) days of becoming subject to a statutory disqualification. --------------------------------------------------------------------------- The Exchange also proposes to add language which allows Participants and associated persons whose request to become a Participant is denied or conditioned, or any person whose association with a Participant is denied or conditioned pursuant to the restrictions codified in Rule 2040(a), and any Participant or person associated with a Participant who is not permitted to continue as a Participant or be an associate with a Participant or to which association is conditioned to appeal the Exchange's decision under Rule 1300 (Review of Certain Exchange Actions) of the Rules. Lastly, the Exchange proposes to add Interpretive Material which allows the Exchange to waive the provisions of Rule 2040 when a proceeding is pending before another self-regulatory organization (``SRO'') or similar association to determine whether to permit a Participant or associated person to become or continue being Participant or associated person notwithstanding a statutory disqualification. The Exchange notes that this proposed rule change is substantially similar to the comparable Rules of the Chicago Board Options Exchange (``CBOE'').\6\ Further, in the event the Exchange determines to waive the provisions of this Rule with respect to a Participant or associated person, the Exchange shall determine whether the Exchange will concur in any Exchange Act Rule 19h-1 filing made by another SRO or similar association with respect to the Participant or associated person. --------------------------------------------------------------------------- \6\ See Securities Exchange Release No. 43056, 65 FR 46524 (July 28, 2000) (Order Approving Proposed Rule Change and Notice of Filing and Order Granting Accelerated Approval to Amendment No. 3 to the Proposed Rule Change by the Chicago Board Options Exchange, Inc. Relating to Membership Rules) (SR-CBOE-99-15). --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the proposal is consistent with the requirements of section 6(b) of the Act,\7\ in general, and section 6(b)(5) of the Act,\8\ in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest. --------------------------------------------------------------------------- \7\ 15 U.S.C. 78f(b). \8\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that the proposed rule changes are consistent with the requirements above. Specifically, the Exchange believes the proposed changes will better enable the Exchange to use its discretion in determining whether a person may become or continue as a Participant or associated person. Because of the discretionary language and additional restrictions, the Exchange may consider additional circumstances when determining whether a person may become or continue as a Participant or associated person on the Exchange. The Exchange believes that Proposed Rule 2040(c) regarding any person or Participant's ability to appeal a denied [[Page 51949]] or conditioned request to become or continue as a Participant or to associate with a Participant is reasonable because it provides a fair procedure for the Participants and persons associated with Participants pursuant to Rule 11000 (Summary Suspension). The Exchange also believes the proposed rule change regarding the waiver of the provisions of Rule 2040 will better enable the Exchange to focus Exchange resources on other matters while another SRO or similar association is determining whether to permit a Participant or associated person to become or continue being a Participant or associated person on the exchange. Lastly, the Exchange believes that amending the language in BOX Rule 2040(a)(3) is appropriate, as the added language which defers to the Exchange Act for a particular definition, will add clarity to the rules. Further, the Exchange believes is it reasonable to remove obsolete language in BOX Rule 2040(a)(3) because the Exchange is eliminating any potential for confusion by simplifying the Exchange Rules, ensuring that Participants, regulators, and the public can more easily navigate the Exchange's Rulebook. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has neither solicited nor received comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action (a) This proposed rule change is filed pursuant to paragraph (A) of section 19(b)(3) of the Exchange Act \9\ and Rule 19b-4(f)(6) thereunder.\10\ --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(3)(A). \10\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- (b) This proposed rule change does not significantly affect the protection of investors or the public interest, does not impose any significant burden on competition, and, by its terms, does not become operative for 30 days after the date of the filing, or such shorter time as the Commission may designate, it has become effective pursuant to section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission 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 CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-BOX-2016-26 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-BOX-2016-26. 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, on official business days between the hours of 10:00 a.m. and 3:00 p.m., located at 100 F Street NE., Washington, DC 20549. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BOX-2016-26 and should be submitted on or before August 26, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\11\ --------------------------------------------------------------------------- \11\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2016-18567 Filed 8-4-16; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices 51947
NextShares will provide investors with Commission summarily may information that you wish to make
transparency of trading costs, and the temporarily suspend such rule change if available publicly. All submissions
ability to control trading costs using it appears to the Commission that such should refer to File Number SR–
limit orders, that is not available for action is: (i) Necessary or appropriate in NASDAQ–2016–105 and should be
conventionally traded ETFs. the public interest; (ii) for the protection submitted on or before August 26, 2016.
These developments could of investors; or (iii) otherwise in For the Commission, by the Division of
significantly enhance competition to the furtherance of the purposes of the Act. Trading and Markets, pursuant to delegated
benefit of the markets and investors. If the Commission takes such action, the authority.10
C. Self-Regulatory Organization’s Commission shall institute proceedings Robert W. Errett,
Statement on Comments on the to determine whether the proposed rule Deputy Secretary.
Proposed Rule Change Received From should be approved or disapproved [FR Doc. 2016–18569 Filed 8–4–16; 8:45 am]
Members, Participants, or Others IV. Solicitation of Comments BILLING CODE 8011–01–P
Written comments were neither Interested persons are invited to
solicited nor received. submit written data, views, and
SECURITIES AND EXCHANGE
III. Date of Effectiveness of the arguments concerning the foregoing,
COMMISSION
Proposed Rule Change and Timing for including whether the proposed rule
Commission Action change is consistent with the Act. [Release No. 34–78449; File No. SR–BOX–
Comments may be submitted by any of 2016–26]
Because the foregoing proposed rule the following methods:
change does not: (i) Significantly affect Self-Regulatory Organizations; BOX
the protection of investors or the public Electronic Comments Options Exchange LLC; Notice of
interest; (ii) impose any significant • Use the Commission’s Internet Filing and Immediate Effectiveness of
burden on competition; and (iii) become comment form (http://www.sec.gov/ a Proposed Rule Change To Amend
operative for 30 days from the date on rules/sro.shtml); or the BOX Rules Regarding Participants
which it was filed, or such shorter time • Send an email to rule- and Associated Persons Who Are or
as the Commission may designate, the comments@sec.gov. Please include File Become Subject to a Statutory
proposed rule change has become Number SR–NASDAQ–2016–105 on the Disqualification
effective pursuant to section 19(b)(3)(A) subject line.
August 1, 2016.
of the Act 7 and Rule 19b–4(f)(6) Paper Comments Pursuant to section 19(b)(1) of the
thereunder.8 The Exchange believes that Securities Exchange Act of 1934
this proposed rule change is properly • Send paper comments in triplicate
to Secretary, Securities and Exchange (‘‘Act’’),1 and Rule 19b–4 thereunder,2
designated as non-controversial because notice is hereby given that on July 25,
it enhances clarity and operational Commission, 100 F Street NE.,
Washington, DC 20549–1090. 2016, BOX Options Exchange LLC (the
transparency without modifying ‘‘Exchange’’) filed with the Securities
members’ rights or obligations. All submissions should refer to File
Number SR–NASDAQ–2016–105. This and Exchange Commission
The Exchange has asked the
file number should be included on the (‘‘Commission’’) the proposed rule
Commission to waive the 30-day
subject line if email is used. To help the change as described in Items I, II, and
operative delay so that the proposal may
Commission process and review your III below, which Items have been
become operative immediately upon
comments more efficiently, please use prepared by the self-regulatory
filing. The Exchange argues that waiver
only one method. The Commission will organization. The Commission is
of the 30-day operative delay is
post all comments on the Commission’s publishing this notice to solicit
consistent with the protection of
Internet Web site (http://www.sec.gov/ comments on the proposed rule from
investors and the public interest
rules/sro.shtml). Copies of the interested persons.
because the proposed changes to the
Fund are consistent with the Exchange submission, all subsequent I. Self-Regulatory Organization’s
arguments and Commission findings amendments, all written statements Statement of the Terms of Substance of
made in the Prior Release for the listing with respect to the proposed rule the Proposed Rule Change
and trading of NextShares on the change that are filed with the
The Exchange proposes to amend the
Exchange. In the context of the unique Commission, and all written
BOX Rules regarding Participants and
pricing and trading mechanisms of communications relating to the
associated persons who are or become
NextShares, the Commission believes proposed rule change between the
subject to a statutory disqualification.
that waiver of the 30-day operative Commission and any person, other than
The text of the proposed rule change is
delay with respect to these proposed those that may be withheld from the
available from the principal office of the
changes to the Fund is consistent with public in accordance with the
Exchange, at the Commission’s Public
the protection of investors and the provisions of 5 U.S.C. 552, will be
Reference Room and also on the
public interest and hereby waives the available for Web site viewing and
Exchange’s Internet Web site at http://
30-day operative delay and designates printing in the Commission’s Public
boxexchange.com.
the proposed rule change to be operative Reference Room, 100 F Street NE.,
upon filing.9 Washington, DC 20549, on official II. Self-Regulatory Organization’s
At any time within 60 days of the business days between the hours of Statement of the Purpose of, and
filing of the proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of such Statutory Basis for, the Proposed Rule
mstockstill on DSK3G9T082PROD with NOTICES
filing will also be available for Change
7 15 U.S.C. 78s(b)(3)(A). inspection and copying at the principal In its filing with the Commission, the
8 17 CFR 240.19b–4(f)(6). office of the Exchange. All comments self-regulatory organization included
9 For purposes only of waiving the 30-day
received will be posted without change;
operative delay, the Commission has also
considered the proposed rule’s impact on
the Commission does not edit personal 10 17 CFR 200.30–3(a)(12).
efficiency, competition, and capital formation. See identifying information from 1 15 U.S.C. 78s(b)(1).
15 U.S.C. 78c(f). submissions. You should submit only 2 17 CFR 240.19b–4.
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![Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices 51949
or conditioned request to become or 19(b)(3)(A) of the Act and Rule 19b– the Commission does not edit personal
continue as a Participant or to associate 4(f)(6) thereunder. identifying information from
with a Participant is reasonable because At any time within 60 days of the submissions. You should submit only
it provides a fair procedure for the filing of the proposed rule change, the information that you wish to make
Participants and persons associated Commission summarily may available publicly.
with Participants pursuant to Rule temporarily suspend such rule change if All submissions should refer to File
11000 (Summary Suspension). it appears to the Commission that such Number SR–BOX–2016–26 and should
The Exchange also believes the action is necessary or appropriate in the be submitted on or before August 26,
proposed rule change regarding the public interest, for the protection of 2016.
waiver of the provisions of Rule 2040 investors, or otherwise in furtherance of
For the Commission, by the Division of
will better enable the Exchange to focus the purposes of the Act. If the Trading and Markets, pursuant to delegated
Exchange resources on other matters Commission takes such action, the authority.11
while another SRO or similar Commission shall institute proceedings Robert W. Errett,
association is determining whether to to determine whether the proposed rule
Deputy Secretary.
permit a Participant or associated should be approved or disapproved.
[FR Doc. 2016–18567 Filed 8–4–16; 8:45 am]
person to become or continue being a IV. Solicitation of Comments BILLING CODE 8011–01–P
Participant or associated person on the
Interested persons are invited to
exchange.
submit written data, views and
Lastly, the Exchange believes that arguments concerning the foregoing, SECURITIES AND EXCHANGE
amending the language in BOX Rule including whether the proposed rule COMMISSION
2040(a)(3) is appropriate, as the added change is consistent with the Act.
language which defers to the Exchange [Release No. 34–78405; File No. SR–BX–
Comments may be submitted by any of 2016–044]
Act for a particular definition, will add the following methods:
clarity to the rules. Further, the Self-Regulatory Organizations;
Exchange believes is it reasonable to Electronic Comments
NASDAQ BX, Inc.; Notice of Filing and
remove obsolete language in BOX Rule • Use the Commission’s Internet Immediate Effectiveness of Proposed
2040(a)(3) because the Exchange is comment form (http://www.sec.gov/ Rule Change To Update Public
eliminating any potential for confusion rules/sro.shtml); or Disclosure of Exchange Usage of
by simplifying the Exchange Rules, • Send an email to rule-comments@ Market Data
ensuring that Participants, regulators, sec.gov. Please include File Number SR–
and the public can more easily navigate BOX–2016–26 on the subject line. July 25, 2016.
the Exchange’s Rulebook.
Paper Comments Correction
B. Self-Regulatory Organization’s • Send paper comments in triplicate In notice document 2016–17908
Statement on Burden on Competition to Secretary, Securities and Exchange appearing on pages 50041–50042 in the
The Exchange does not believe that Commission, 100 F Street NE., issue of July 29, 2016, make the
the proposed rule change will impose Washington, DC 20549–1090. following correction:
any burden on competition not All submissions should refer to File On page 50041, in the first column,
necessary or appropriate in furtherance Number SR–BOX–2016–26. This file the File No. in the heading is corrected
of the purposes of the Act. number should be included on the to read as set forth above.
subject line if email is used. To help the
C. Self-Regulatory Organization’s [FR Doc. C1–2016–17908 Filed 8–4–16; 8:45 am]
Commission process and review your
Statement on Comments on the BILLING CODE 1505–01–D
comments more efficiently, please use
Proposed Rule Change Received From
only one method. The Commission will
Members, Participants, or Others
post all comments on the Commission’s SECURITIES AND EXCHANGE
The Exchange has neither solicited Internet Web site (http://www.sec.gov/ COMMISSION
nor received comments on the proposed rules/sro.shtml). Copies of the
rule change. submission, all subsequent [Release No. 34–78450; File No. SR–CBOE–
amendments, all written statements 2016–051)
III. Date of Effectiveness of the
Proposed Rule Change and Timing for with respect to the proposed rule
change that are filed with the Self-Regulatory Organizations;
Commission Action Chicago Board Options Exchange,
Commission, and all written
(a) This proposed rule change is filed communications relating to the Incorporated; Notice of Filing and
pursuant to paragraph (A) of section proposed rule change between the Immediate Effectiveness of a Proposed
19(b)(3) of the Exchange Act 9 and Rule Commission and any person, other than Rule Change Relating to the Series 9/
19b–4(f)(6) thereunder.10 those that may be withheld from the 10 Examination Program
(b) This proposed rule change does public in accordance with the August 1, 2016.
not significantly affect the protection of provisions of 5 U.S.C. 552, will be Pursuant to Section 19(b)(1) of the
investors or the public interest, does not available for Web site viewing and Securities Exchange Act of 1934 (the
impose any significant burden on printing in the Commission’s Public ‘‘Act’’),1 and Rule 19b–4 thereunder,2
competition, and, by its terms, does not Reference Room, on official business
mstockstill on DSK3G9T082PROD with NOTICES
notice is hereby given that on July 27,
become operative for 30 days after the days between the hours of 10:00 a.m. 2016, Chicago Board Options Exchange,
date of the filing, or such shorter time and 3:00 p.m., located at 100 F Street Incorporated (the ‘‘Exchange’’ or
as the Commission may designate, it has NE., Washington, DC 20549. Copies of ‘‘CBOE’’) filed with the Securities and
become effective pursuant to section such filing also will be available for
inspection and copying at the principal 11 17CFR 200.30–3(a)(12).
9 15 U.S.C. 78s(b)(3)(A). office of the Exchange. All comments 1 15 U.S.C. 78s(b)(1).
10 17 CFR 240.19b–4(f)(6). received will be posted without change; 2 17 CFR 240.19b–4.
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Document Created: 2016-08-05 06:43:17
Document Modified: 2016-08-05 06:43:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 81 FR 51947 |
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