81 FR 78875 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Amend BZX Rule 2.5, Restrictions, Regarding Members and Associated Persons of Members Who Are or Become Subject to a Statutory Disqualification
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 217 (November 9, 2016)
Federal Register Volume 81, Issue 217 (November 9, 2016)
| Page Range | 78875-78878 | |
| FR Document | 2016-27023 |
[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)] [Notices] [Pages 78875-78878] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27023] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79229; File No. SR-BatsBZX-2016-67] Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Amend BZX Rule 2.5, Restrictions, Regarding Members and Associated Persons of Members Who Are or Become Subject to a Statutory Disqualification November 3, 2016. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on October 24, 2016, Bats BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Exchange has designated this proposal as a ``non-controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b- 4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ 15 U.S.C. 78s(b)(3)(A). \4\ 17 CFR 240.19b-4(f)(6)(iii). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange filed a proposal to amend BZX Rules regarding Members and associated persons of Members who are or become subject to a statutory disqualification. The text of the proposed rule change is available at the Exchange's Web site at www.batstrading.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. [[Page 78876]] II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts 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 2.5 (Restrictions) to add language which provides the Exchange with the discretion to determine whether to permit a person to become a Member or an associated person of a Member or continue as a Member or in association with a Member on the Exchange. Currently, Rule 2.5 restricts any persons from becoming a Member or continuing as a Member 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,\5\ except that a person may become a Member or continue as a Member where, pursuant to Rules 19d-1, 19d-2, 19d-3 and 19h-1 of the Act,\6\ the Commission has issued an order providing relief from such a disqualification and permitting such a person to become a Member, or (4) such person is not a member of another registered national securities exchange or association. --------------------------------------------------------------------------- \5\ The Exchange uses the definition of statutory disqualification set forth in the Act. See Exchange Rule 1.5(z); 15 U.S.C. 78c(a)(39). \6\ See 17 CFR 240.19d-1, 17 CFR 240.19d-2, 17 CFR 240.19d-3, and 17 CFR 240.19h-1. --------------------------------------------------------------------------- The Exchange notes that the proposed rule changes below are substantially similar to the rules of the International Securities Exchange (``ISE''),\7\ the rules of the Chicago Board Options Exchange (``CBOE''),\8\ and a recent amendment made by the BOX Options Exchange LLC (``BOX'').\9\ --------------------------------------------------------------------------- \7\ See ISE Rule 302; Securities Exchange Act Release No. 42455, 65 FR 11401 (March 2, 2000) (Order Granting Registration as a National Securities Exchange). \8\ See CBOE Rule 3.18; Securities Exchange Act Release No. 43056 (July 19, 2000), 65 FR 46524 (July 28, 2000) (SR-CBOE-1999-15) (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). \9\ See BOX Rule 2040; Securities Exchange Act Release No. 78449 (August 1, 2016), 81 FR 51947 (August 5, 2016) (SR-BOX-2016-26). --------------------------------------------------------------------------- The Exchange first proposes to amend the language of Rule 2.5 to give itself the discretion to determine if a restriction on a Member becoming or continuing on as a Member is appropriate. The Exchange also proposes to make clear that the limitations of Rule 2.5 are equally applicable to persons associated with Members as they are to Members. The Exchange then proposes to amend Rule 2.5(a)(3) to delete the language that allows a person to become a Member or continue as a Member where, pursuant to Rules 19d-1, 19d-2, 19d-3 and 19h-1 of the Act,\10\ the Commission has issued an order providing relief from such a disqualification and permitting such a person to become a Member. The Exchange does not believe that this language reflects the Commission's current review process, as an order is not necessarily required in every instance. --------------------------------------------------------------------------- \10\ See supra, note 6. --------------------------------------------------------------------------- The Exchange then proposes to add three more situations with regard to whether a person may become a Member or continue as a Member in any capacity on the Exchange. The additional restrictions are when: (1) Such person fails to meet any of the qualification requirements for becoming a Member or associated with a Member after approval thereof; (2) such person fails to meet any condition placed by the Exchange on such Member or association with a Member; 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 Member or in association with a Member. The Exchange notes that the Exchange must act consistent with the protection of investors and in the public interest and is prohibited from unfairly discriminating against Members or prospective Members.\11\ Further, any prospective Member that has been denied membership in the Exchange or barred from becoming associated with a Member is entitled to certain due process pursuant to Chapter X of the Exchange's rules, which includes, but is not limited to, potential review by the Commission.\12\ --------------------------------------------------------------------------- \11\ See 15 U.S.C. 78f(b)(5). \12\ See Chapter X of the Exchange's Rules. --------------------------------------------------------------------------- The Exchange also proposes to add language with regard to a Member or associated person that becomes subject to a statutory disqualification under the Act. The proposed rule would allow a Member or associated person who becomes subject to a statutory disqualification and who wants to continue as a Member of the Exchange or in association with a Member, to submit a request to the Exchange seeking to continue as a Member or in association with a Member notwithstanding the statutory disqualification.\13\ --------------------------------------------------------------------------- \13\ The Member or person associated with a Member must submit the request within thirty (30) days of becoming subject to a statutory disqualification. --------------------------------------------------------------------------- The Exchange also proposes to add language which allows Members and associated persons whose request to become a Member or associated with a Member is denied or conditioned, or any person whose association with a Member is denied or conditioned pursuant to the restrictions codified in Rule 2.5(a), and any Member or person associated with a Member who is not permitted to continue as a Member or be an associate with a Member or to which association is conditioned to seek review under the provisions of the Exchange Rules relating to adverse actions.\14\ --------------------------------------------------------------------------- \14\ See Chapter X of the Exchange's Rules. --------------------------------------------------------------------------- Lastly, the Exchange proposes to add Interpretation and Policy .05, which will allow the Exchange to waive the provisions of Rule 2.5 when a proceeding is pending before another self-regulatory organization (``SRO'') to determine whether to permit a Member or associated person to continue membership or association notwithstanding a statutory disqualification. The Exchange notes that this proposed rule change is substantially similar to the comparable rules of the CBOE,\15\ and the rules of BOX, as amended.\16\ Further, in the event the Exchange determines to waive the provisions of this Rule with respect to a Member or associated person, the Exchange shall determine whether the Exchange will concur in any Exchange Act Rule 19h-1 filing made by another SRO with respect to the Member or associated person. --------------------------------------------------------------------------- \15\ See Interpretation and Policy .01 to CBOE Rule 3.18. \16\ See IM-2040-8 to BOX Rule 2040. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that its proposal is consistent with the [[Page 78877]] requirements of the Act and the rules and regulations thereunder that are applicable to a national securities exchange, and, in particular, with the requirements of Section 6(b) of the Act.\17\ In particular, the Exchange believes the proposed change furthers the objectives of Section 6(b)(5) of the Act,\18\ 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, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. --------------------------------------------------------------------------- \17\ 15 U.S.C. 78f(b). \18\ 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 Member 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 Member or associated person on the Exchange. The Exchange believes that Proposed Rule 2.5(c) regarding any person or Member's ability to appeal a denied or conditioned request to become or continue as a Member or to associate with a Member is reasonable because it provides a fair procedure for the Members and persons associated with Members pursuant to Rule 7.6 (Summary Suspension of Exchange Services). The Exchange also believes the proposed rule change regarding the waiver of the provisions of Rule 2.5 will better enable the Exchange to focus Exchange resources on other matters while another SRO is determining whether to permit a Member or associated person to become or continue being a Member or associated person on the exchange. Lastly, the Exchange believes is it reasonable to remove language in Rule 2.5(a)(3) because the Exchange is eliminating any potential for confusion by simplifying the Exchange Rules, ensuring that Members, 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. As noted above, although the proposal will provide the Exchange with additional discretionary authority with respect to potential Members of the Exchange, the Exchange is bound by the Act to act consistent with the protection of investors and in the public interest and is prohibited from unfairly discriminating against Members or prospective Members.\19\ Further, the proposal is not a competitive proposal designed to either attract or prevent prospective Members from joining the Exchange, but rather, is primarily focused on modifying the Exchange's rules to ensure clarity and consistency with other SROs. --------------------------------------------------------------------------- \19\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- (C) Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any written comments from Members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (A) Significantly affect the protection of investors or the public interest; (B) impose any significant burden on competition; and (C) by its terms, become operative for 30 days from the date on which it was filed or such shorter time as the Commission may designate it has become effective pursuant to Section 19(b)(3)(A) of the Act \20\ and paragraph (f)(6) of Rule 19b-4 thereunder,\21\ the Exchange has designated this rule filing as non-controversial. The Exchange has given the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. --------------------------------------------------------------------------- \20\ 15 U.S.C. 78s(b)(3)(A). \21\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- 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: (1) Necessary or appropriate in the public interest; (2) for the protection of investors; or (3) 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 proposal 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 No. SR-BatsBZX-2016-67 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 No. SR-BatsBZX-2016-67. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing will also 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 No. SR-BatsBZX- [[Page 78878]] 2016-67 and should be submitted on or before November 30, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\22\ --------------------------------------------------------------------------- \22\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2016-27023 Filed 11-8-16; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Notices 78875
competition; and (iii) become operative under Section 19(b)(2)(B) 23 of the Act to For the Commission, by the Division of
for 30 days from the date on which it determine whether the proposed rule Trading and Markets, pursuant to delegated
was filed, or such shorter time as the change should be approved or authority.24
Commission may designate, the disapproved. Brent J. Fields,
proposed rule change has become Secretary.
IV. Solicitation of Comments
effective pursuant to Section 19(b)(3)(A) [FR Doc. 2016–27025 Filed 11–8–16; 8:45 am]
of the Act and Rule 19b–4(f)(6)(iii) Interested persons are invited to
submit written data, views, and BILLING CODE 8011–01–P
thereunder.17
A proposed rule change filed under arguments concerning the foregoing,
Rule 19b–4(f)(6) 18 normally does not including whether the proposed rule
become operative prior to 30 days after change is consistent with the Act. SECURITIES AND EXCHANGE
the date of the filing. However, Rule Comments may be submitted by any of COMMISSION
19b–4(f)(6)(iii) permits the Commission the following methods:
to designate a shorter time if such action [Release No. 34–79229; File No. SR–
Electronic Comments
is consistent with the protection of BatsBZX–2016–67]
investors and the public interest. The • Use the Commission’s Internet
Exchange has asked the Commission to comment form (http://www.sec.gov/ Self-Regulatory Organizations; Bats
waive the 30-day operative delay so that rules/sro.shtml); or BZX Exchange, Inc.; Notice of Filing
the proposal may become operative on • Send an email to rule-comments@ and Immediate Effectiveness of a
November 5, 2016, the same date that sec.gov. Please include File Number SR– Proposed Rule Change to Amend BZX
the proposed rule change to amend the NYSEMKT–2016–96 on the subject line. Rule 2.5, Restrictions, Regarding
Tenth NYSE Operating Agreement and Paper Comments Members and Associated Persons of
to renumber it as the Eleventh NYSE Members Who Are or Become Subject
• Send paper comments in triplicate
Operating Agreement becomes to a Statutory Disqualification
to Brent J. Fields, Secretary, Securities
operative.19 The Commission believes
and Exchange Commission, 100 F Street November 3, 2016.
that waiver of the 30-day operative
NE., Washington, DC 20549–1090.
delay is appropriate because it would Pursuant to Section 19(b)(1) of the
permit the Eleventh NYSE Operating All submissions should refer to File
Number SR–NYSEMKT–2016–96. This Securities Exchange Act of 1934 (the
Agreement to become ‘‘rules of an ‘‘Act’’),1 and Rule 19b–4 thereunder,2
exchange’’ of NYSE MKT without file number should be included on the
subject line if email is used. To help the notice is hereby given that on October
delay.20 Based on the foregoing, the
Commission process and review your 24, 2016, Bats BZX Exchange, Inc. (the
Commission believes that the waiver of
comments more efficiently, please use ‘‘Exchange’’ or ‘‘BZX’’) filed with the
the operative delay is consistent with
the protection of investors and the only one method. The Commission will Securities and Exchange Commission
public interest.21 The Commission post all comments on the Commission’s (‘‘Commission’’) the proposed rule
hereby grants the waiver and designates Internet Web site (http://www.sec.gov/ change as described in Items I and II
the proposal operative upon November rules/sro.shtml). Copies of the below, which Items have been prepared
5, 2016, the same date that the rule submission, all subsequent by the Exchange. The Exchange has
change amending the Tenth NYSE amendments, all written statements designated this proposal as a ‘‘non-
Operating Agreement and renumbering with respect to the proposed rule controversial’’ proposed rule change
it as the Eleventh NYSE Operating change that are filed with the pursuant to Section 19(b)(3)(A) of the
Agreement becomes operative.22 Commission, and all written Act 3 and Rule 19b–4(f)(6)(iii)
At any time within 60 days of the communications relating to the thereunder,4 which renders it effective
filing of such proposed rule change, the proposed rule change between the upon filing with the Commission. The
Commission summarily may Commission and any person, other than Commission is publishing this notice to
temporarily suspend such rule change if those that may be withheld from the solicit comments on the proposed rule
it appears to the Commission that such public in accordance with the change from interested persons.
action is necessary or appropriate in the provisions of 5 U.S.C. 552, will be
public interest, for the protection of available for Web site viewing and I. Self-Regulatory Organization’s
investors, or otherwise in furtherance of printing in the Commission’s Public Statement of the Terms of Substance of
the purposes of the Act. If the Reference Room, 100 F Street NE., the Proposed Rule Change
Commission takes such action, the Washington, DC 20549–1090, on official
Commission shall institute proceedings business days between the hours of The Exchange filed a proposal to
10:00 a.m. and 3:00 p.m. Copies of the amend BZX Rules regarding Members
17 In addition, Rule 19b–4(f)(6)(iii) requires the filing also will be available for and associated persons of Members who
Exchange to give the Commission written notice of inspection and copying at the principal are or become subject to a statutory
the Exchange’s intent to file the proposed rule disqualification.
change, along with a brief description and text of
office of the Exchange. All comments
the proposed rule change, at least five business days received will be posted without change; The text of the proposed rule change
prior to the date of filing of the proposed rule the Commission does not edit personal is available at the Exchange’s Web site
change, or such shorter time as designated by the identifying information from
Commission. The Exchange has satisfied this
at www.batstrading.com, at the
requirement. submissions. You should submit only principal office of the Exchange, and at
sradovich on DSK3GMQ082PROD with NOTICES
18 17 CFR 240.19b–4(f)(6). information that you wish to make the Commission’s Public Reference
19 See supra note 7. available publicly. All submissions Room.
20 See 15 U.S.C. 78c(a)(27). should refer to File Number SR–
21 For purposes only of waiving the 30-day
NYSEMKT–2016–96 and should be 24 17 CFR 200.30–3(a)(12).
operative delay, the Commission has also submitted on or before November 30, 1 15 U.S.C. 78s(b)(1).
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See 2016. 2 17 CFR 240.19b–4.
15 U.S.C. 78c(f). 3 15 U.S.C. 78s(b)(3)(A).
22 See supra note 7. 23 15 U.S.C. 78s(b)(2)(B). 4 17 CFR 240.19b–4(f)(6)(iii).
VerDate Sep<11>2014 16:29 Nov 08, 2016 Jkt 241001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1](https://thefederalregister.org/doc/81_FR_79092/page/1.svg)
![78878 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Notices
2016–67 and should be submitted on or II. Self-Regulatory Organization’s made by the BOX Options Exchange
before November 30, 2016. Statement of the Purpose of, and LLC (‘‘BOX’’).9
For the Commission, by the Division of Statutory Basis for, the Proposed Rule The Exchange first proposes to amend
Trading and Markets, pursuant to delegated Change the language of Rule 2.5 to give itself the
authority.22 In its filing with the Commission, the discretion to determine if a restriction
Brent J. Fields, Exchange included statements on a Member becoming or continuing on
Secretary. concerning the purpose of and basis for as a Member is appropriate. The
[FR Doc. 2016–27023 Filed 11–8–16; 8:45 am] the proposed rule change and discussed Exchange also proposes to make clear
BILLING CODE 8011–01–P any comments it received on the that the limitations of Rule 2.5 are
proposed rule change. The text of these equally applicable to persons associated
statements may be examined at the with Members as they are to Members.
SECURITIES AND EXCHANGE places specified in Item IV below. The
Exchange has prepared summaries, set The Exchange then proposes to
COMMISSION
forth in Sections A, B, and C below, of amend Rule 2.5(a)(3) to delete the
[Release No. 34–79236; File No. SR– the most significant parts of such language that allows a person to become
BatsEDGX–2016–59] statements. a Member or continue as a Member
where, pursuant to Rules 19d–1, 19d–2,
Self-Regulatory Organizations; Bats (A) Self-Regulatory Organization’s 19d–3 and 19h–1 of the Act,10 the
EDGX Exchange, Inc.; Notice of Filing Statement of the Purpose of, and Commission has issued an order
and Immediate Effectiveness of a Statutory Basis for, the Proposed Rule providing relief from such a
Proposed Rule Change To Amend Change disqualification and permitting such a
EDGX Rule 2.5, Restrictions, 1. Purpose person to become a Member. The
Regarding Members and Associated Exchange does not believe that this
The purpose of the proposed rule
Persons of Members Who Are or language reflects the Commission’s
change is to amend Rule 2.5
Become Subject to a Statutory current review process, as an order is
(Restrictions) to add language which
Disqualification not necessarily required in every
provides the Exchange with the
discretion to determine whether to instance.
November 3, 2016.
Pursuant to Section 19(b)(1) of the permit a person to become a Member or The Exchange then proposes to add
Securities Exchange Act of 1934 (the an associated person of a Member or three more situations with regard to
‘‘Act’’),1 and Rule 19b–4 thereunder,2 continue as a Member or in association whether a person may become a
notice is hereby given that on October with a Member on the Exchange. Member or continue as a Member in any
24, 2016, Bats EDGX Exchange, Inc. (the Currently, Rule 2.5 restricts any capacity on the Exchange. The
‘‘Exchange’’ or ‘‘EDGX’’) filed with the persons from becoming a Member or additional restrictions are when: (1)
Securities and Exchange Commission continuing as a Member where (1) such Such person fails to meet any of the
(‘‘Commission’’) the proposed rule person is other than a natural person qualification requirements for becoming
change as described in Items I and II and is not a registered broker or dealer, a Member or associated with a Member
below, which Items have been prepared (2) such person is a natural person who after approval thereof; (2) such person
by the Exchange. The Exchange has is not either a registered broker or dealer fails to meet any condition placed by
designated this proposal as a ‘‘non- or associated with a registered broker or the Exchange on such Member or
controversial’’ proposed rule change dealer, (3) such person is subject to a association with a Member; and (3) such
pursuant to Section 19(b)(3)(A) of the statutory disqualification,5 except that a person violates any agreement with the
Act 3 and Rule 19b–4(f)(6)(iii) person may become a Member or Exchange. The Exchange proposes these
thereunder,4 which renders it effective continue as a Member where, pursuant additions in order to allow the Exchange
upon filing with the Commission. The to Rules 19d–1, 19d–2, 19d–3 and 19h– more discretion in its determination as
Commission is publishing this notice to 1 of the Act,6 the Commission has to whether a person may become or
solicit comments on the proposed rule issued an order providing relief from continue as a Member or in association
change from interested persons. such a disqualification and permitting with a Member. The Exchange notes
such a person to become a Member, or that the Exchange must act consistent
I. Self-Regulatory Organization’s (4) such person is not a member of with the protection of investors and in
Statement of the Terms of Substance of another registered national securities the public interest and is prohibited
the Proposed Rule Change exchange or association. from unfairly discriminating against
The Exchange filed a proposal to The Exchange notes that the proposed Members or prospective Members.11
amend EDGX Rules regarding Members rule changes below are substantially Further, any prospective Member that
and associated persons of Members who similar to the rules of the International has been denied membership in the
are or become subject to a statutory Securities Exchange (‘‘ISE’’),7 the rules Exchange or barred from becoming
disqualification. of the Chicago Board Options Exchange associated with a Member is entitled to
The text of the proposed rule change (‘‘CBOE’’),8 and a recent amendment certain due process pursuant to Chapter
is available at the Exchange’s Web site 5 The Exchange uses the definition of statutory
X of the Exchange’s rules, which
at www.batstrading.com, at the disqualification set forth in the Act. See Exchange
principal office of the Exchange, and at Rule 1.5(bb); 15 U.S.C. 78c(a)(39). Approving Proposed Rule Change and Notice of
sradovich on DSK3GMQ082PROD with NOTICES
the Commission’s Public Reference 6 See 17 CFR 240.19d–1, 17 CFR 240.19d–2, 17 Filing and Order Granting Accelerated Approval to
Room. CFR 240.19d–3, and 17 CFR 240.19h–1. Amendment No. 3 to the Proposed Rule Change by
7 See ISE Rule 302; Securities Exchange Act the Chicago Board Options Exchange, Inc. Relating
Release No. 42455, 65 FR 11401 (March 2, 2000) to Membership Rules).
22 17 CFR 200.30–3(a)(12). 9 See BOX Rule 2040; Securities Exchange Act
(Order Granting Registration as a National
1 15 U.S.C. 78s(b)(1). Securities Exchange). Release No. 78449 (August 1, 2016), 81 FR 51947
2 17 CFR 240.19b–4. 8 See CBOE Rule 3.18; Securities Exchange Act (August 5, 2016) (SR–BOX–2016–26).
3 15 U.S.C. 78s(b)(3)(A). 10 See supra, note 6.
Release No. 43056 (July 19, 2000), 65 FR 46524
4 17 CFR 240.19b–4(f)(6)(iii). (July 28, 2000) (SR–CBOE–1999–15) (Order 11 See 15 U.S.C. 78f(b)(5).
VerDate Sep<11>2014 16:29 Nov 08, 2016 Jkt 241001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1](https://thefederalregister.org/doc/81_FR_79092/page/4.svg)
Document Created: 2016-11-09 01:39:42
Document Modified: 2016-11-09 01:39:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 78875 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR