81_FR_96324 81 FR 96074 - Self-Regulatory Organizations: Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Retention of Jurisdiction Over Members and Persons Associated with Members Upon Termination, Revocation, or Cancellation of Membership or Association Thereof

81 FR 96074 - Self-Regulatory Organizations: Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Retention of Jurisdiction Over Members and Persons Associated with Members Upon Termination, Revocation, or Cancellation of Membership or Association Thereof

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 250 (December 29, 2016)

Page Range96074-96076
FR Document2016-31492

Federal Register, Volume 81 Issue 250 (Thursday, December 29, 2016)
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96074-96076]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31492]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79670; File No. SR-IEX-2016-22]


Self-Regulatory Organizations: Investors Exchange LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Related to 
Retention of Jurisdiction Over Members and Persons Associated with 
Members Upon Termination, Revocation, or Cancellation of Membership or 
Association Thereof

December 22, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on December 16, 2016, the Investors Exchange LLC (``IEX'' 
or the ``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or the ``Commission'') the proposed rule change as described 
in Items I and II below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Pursuant to the provisions of Section 19(b)(1) under the Securities 
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\ 
Investors Exchange LLC (``IEX'' or ``Exchange'') is filing with the 
Securities and Exchange Commission (``Commission'') a proposed rule 
change to amend Rule 2.230, which is currently reserved, to specify the 
circumstances under which the Exchange retains disciplinary 
jurisdiction over a Member or persons associated with a Member upon 
termination, revocation, or cancellation of membership or association 
thereof. The Exchange has designated this proposal as ``non-
controversial'' and provided the Commission with the notice required by 
Rule 19b-4(f)(6)(iii) under the Act.\6\
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CRF 240.19b-4.
    \6\ 17 CFR 240.19b-4(f)(6)(iii).
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.iextrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
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 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    IEX proposes to amend Rule 2.230, which is currently reserved, to 
specify the circumstances under which the Exchange retains disciplinary 
jurisdiction over a Member or persons associated with a Member upon 
termination, revocation or cancellation of membership or association 
thereof. As a national securities exchange and self-regulatory 
organization (``SRO''), IEX is subject to several provisions of the Act 
with respect to rule enforcement and discipline of Members and persons 
associated with Members. First, Section 6(b)(1) \7\ of the Act requires 
the Exchange to enforce compliance by its members and persons 
associated with its members with applicable provisions of the Act, the 
rules and regulations thereunder and Exchange rules. In addition, 
Section 6(b)(6) \8\ of the Act requires that IEX rules must provide 
that its members and persons associated with its members shall be 
appropriately disciplined for such violations of applicable provisions 
of the Act, the rules and regulations thereunder and Exchange rules 
(i.e., rule violations). And finally, Section 6(b)(7) \9\ of the Act 
provides that IEX rules must provide a fair procedure for the 
disciplining of

[[Page 96075]]

members and persons associated with members for rule violations.
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    \7\ 15 U.S.C. 78f(b)(1).
    \8\ 15 U.S.C. 78f(b)(6).
    \9\ 15 U.S.C. 78f(b)(7).
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    In furtherance of these obligations, IEX has retained FINRA, 
pursuant to a regulatory services agreement (``RSA'') and subject to 
IEX oversight, to perform certain regulatory functions on behalf of 
IEX, including surveillance and examination of trading activity on IEX 
to identify rule violations, and related investigations of and 
disciplinary actions against IEX members and persons associated with 
members for any such rule violations. Investigations and disciplinary 
actions are conducted in accordance with Chapters 8 and 9 of the IEX 
Rules. Chapter 8 contains provisions related to investigations and 
sanctions, that require, among other things, that a Member, person 
associated with a Member or any other person subject to IEX's 
jurisdiction provide information or testimony or permit an inspection 
and copying of books, records, or accounts to the Exchange upon 
request.\10\ Rule 8.310 provides for the imposition of sanctions,\11\ 
after compliance with Chapter 9 of IEX Rules, on a Member or person 
associated with a Member for rule violations, as well as for any 
neglect or refusal to comply with an order, direction, or decision 
issued under the IEX Rules. Chapter 9 of the IEX Rules contains the 
Code of Procedure and includes proceedings for, among other things, 
disciplining a Member or person associated with a Member.
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    \10\ See Rule 8.210.
    \11\ Specified sanctions include censure, fine, membership 
suspension or expulsion, cease and desist order, or other fitting 
sanction.
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    IEX Rule 2.190 governs a member's right to voluntarily terminate 
its IEX membership. The rule provides that a termination shall not take 
effect until 30 days after certain specified conditions have been 
satisfied, including: any Exchange investigation or disciplinary action 
brought against the Member has reached a final disposition and any 
examination by the Exchange of such Member is completed and all 
exceptions noted have been reasonably resolved.\12\ These provisions 
are designed to assure that FINRA, on IEX's behalf, can complete and 
resolve or finalize a pending regulatory matter involving a Member that 
is open at the time a Member seeks to terminate its membership and thus 
that a Member cannot terminate its membership to avoid a regulatory or 
disciplinary matter.
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    \12\ Rule 2.190 provides that the Exchange Board may declare a 
resignation effective at an earlier time.
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    However, IEX Rule 2.190 does not fully address the possibility that 
FINRA, on behalf of the Exchange, may need to conduct an investigation 
and/or initiate a disciplinary action with respect to a former Member 
or person associated with a Member for rule violations that occurred 
prior to termination of membership or association thereof, but were not 
known to FINRA at that time. Accordingly, IEX proposes to amend Rule 
2.230 to add a retention of jurisdiction provision. Specifically, Rule 
2.230(a) would provide that an IEX Member whose membership is revoked, 
terminated or cancelled shall continue to be subject to the filing of a 
complaint under IEX rules based upon conduct which commenced prior to 
the effective date of the revocation, termination or cancellation. Any 
such complaint, however, shall be filed within two years after the 
effective date of revocation, termination or cancellation. Proposed 
Rule 2.230(b) applies to persons associated with a Member and provides 
that a person whose association with a Member has been revoked, 
terminated or cancelled and who is no longer associated with any Member 
shall continue to be subject to the filing of a complaint under IEX 
rules based upon conduct that commenced prior to the termination, 
revocation or cancellation or upon such person's failure, while subject 
to IEX's jurisdiction to provide information requested by IEX pursuant 
to IEX rules. Any such complaint must be filed within: two years after 
the effective date of termination of registration with IEX pursuant to 
Rule 2.160(r)(1), provided however that any amendment to a notice of 
termination filed pursuant to Rule 2.160(r)(2) that is filed within two 
years of the original notice that discloses that such person may have 
engaged in conduct actionable under any applicable statute, rule, or 
regulation shall operate to recommence the running of the two-year 
period under this subsection; two years after the effective date of 
revocation or cancellation of registration pursuant to IEX rules; or in 
the case of an unregistered person, two years after the date upon which 
such person ceased to be associated with the member. This proposed rule 
change is substantially similar to Article IV, Section 6 of the FINRA 
By-Laws with respect to members and Article V, Section 4 with respect 
to persons associated with a member.\13\
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    \13\ There are minor differences related to terminology. In 
addition, provisions substantially similar to Article V, Section 
4(b) of the FINRA By-Laws related to failure to comply with an 
arbitration award are contained in IEX Rule 9.554(a).
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2. Statutory Basis

    IEX believes that the proposed rule change is consistent with the 
provisions of Section 6 of the Act,\14\ in general and furthers the 
objectives of Section 6(b)(1) \15\ of the Act in that it is designed to 
enable the Exchange to enforce compliance by its members and persons 
associated with its members with applicable provisions of the Act, the 
rules and regulations thereunder and Exchange rules. In addition, the 
Exchange believes that the proposed rule change is consistent with 
Section 6(b)(6) \16\ of the Act in that it is designed to provide 
authority to the Exchange to appropriately discipline former members 
and persons associated with its members for such rule violations that 
occurred during membership or association with a member. Further, the 
Exchange believes that the proposed rule change is consistent with 
Section 6(b)(7) \17\ of the Act because it would support a fair 
procedure for the disciplining of members and persons associated with 
members for rule violations. Specifically, IEX believes that it is 
appropriate to retain jurisdiction over members and persons associated 
with members for a reasonable period of time for rule violations that 
occurred while the firm was a Member or an individual was associated 
with a member. IEX believes that two years is reasonable in that it 
provides adequate time for FINRA, on its behalf, to file a complaint 
without subjecting former members and persons formerly associated with 
members to an excessively long period of time to learn of a 
disciplinary matter. The Exchange notes that FINRA, New York Stock 
Exchange (``NYSE'') and the Nasdaq Stock Market LLC (``Nasdaq'') also 
provide a two-year retention of jurisdiction period.\18\
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    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(1).
    \16\ 15 U.S.C. 78f(b)(6).
    \17\ 15 U.S.C. 78f(b)(7).
    \18\ See Article IV, Section 6 of the FINRA By-Laws, NYSE Rule 
8130, and Nasdaq Rule 1031(f).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    IEX does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act, as amended. The proposed rule 
change is not designed to address any competitive issues but rather to 
provide for appropriate retention of jurisdiction of former members and 
persons associated with a member.

[[Page 96076]]

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

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

    The Exchange has designated this rule filing as non-controversial 
under Section 19(b)(3)(A) \19\ of the Act and Rule 19b-4(f)(6) \20\ 
thereunder. Because the proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \21\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\22\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay as the proposed 
implementation of the two-year retention of jurisdiction is consistent 
with the rules of other SROs and will enable the Exchange to 
immediately retain jurisdiction over a register representative who may 
have been engaged in unlawful activity. Based on the foregoing, the 
Commission believes that it is consistent with the protection of 
investors and the public interest to waive the 30-day operative date so 
that the proposal may take effect upon filing.\23\
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    \21\ 17 CFR 240.19b-4(f)(6).
    \22\ 17 CFR 240.19b-4(f)(6)(iii).
    \23\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    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 under 
Section 19(b)(2)(B) \24\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \24\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-IEX-2016-22 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-IEX-2016-22. This file 
number should be included in 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 Section, 100 F Street 
NE., Washington, DC 20549, on official business days between the hours 
of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be available 
for inspection and copying at the IEX's principal office and on its 
Internet Web site at www.iextrading.com. 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-IEX-2016-22 and should be submitted on 
or before January 19, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\25\
Robert W. Errett,
Deputy Secretary.
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    \25\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-31492 Filed 12-28-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    96074                     Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

                                                    the self-regulatory organization                        ISEGemini–2016–18, and should be                      controversial’’ and provided the
                                                    consents, the Commission will:                          submitted on or before January 19, 2017.              Commission with the notice required by
                                                      (A) By order approve or disapprove                      For the Commission, by the Division of              Rule 19b–4(f)(6)(iii) under the Act.6
                                                    such proposed rule change, or                           Trading and Markets, pursuant to delegated               The text of the proposed rule change
                                                                                                            authority.53                                          is available at the Exchange’s Web site
                                                      (B) institute proceedings to determine
                                                                                                            Eduardo A. Aleman,                                    at www.iextrading.com, at the principal
                                                    whether the proposed rule change
                                                    should be disapproved.                                  Assistant Secretary.                                  office of the Exchange, and at the
                                                                                                            [FR Doc. 2016–31491 Filed 12–28–16; 8:45 am]          Commission’s Public Reference Room.
                                                    IV. Solicitation of Comments                            BILLING CODE 8011–01–P
                                                                                                                                                                  II. Self-Regulatory Organization’s
                                                      Interested persons are invited to                                                                           Statement of the Purpose of, and the
                                                    submit written data, views, and                         SECURITIES AND EXCHANGE                               Statutory Basis for, the Proposed Rule
                                                    arguments concerning the foregoing,                     COMMISSION                                            Change
                                                    including whether the proposed rule
                                                    change is consistent with the Act.                      [Release No. 34–79670; File No. SR–IEX–                 In its filing with the Commission, the
                                                    Comments may be submitted by any of                     2016–22]                                              self-regulatory organization included
                                                    the following methods:                                                                                        statements concerning the purpose of
                                                                                                            Self-Regulatory Organizations:                        and basis for the proposed rule change
                                                    Electronic Comments                                     Investors Exchange LLC; Notice of                     and discussed any comments it received
                                                                                                            Filing and Immediate Effectiveness of                 on the proposed rule change. The text
                                                      • Use the Commission’s Internet                       Proposed Rule Change Related to
                                                    comment form (http://www.sec.gov/                                                                             of these statements may be examined at
                                                                                                            Retention of Jurisdiction Over                        the places specified in Item IV below.
                                                    rules/sro.shtml); or                                    Members and Persons Associated with                   The self-regulatory organization has
                                                      • Send an email to rule-comments@                     Members Upon Termination,                             prepared summaries, set forth in
                                                    sec.gov. Please include File Number SR–                 Revocation, or Cancellation of                        Sections A, B, and C below, of the most
                                                    ISEGemini–2016–18 on the subject line.                  Membership or Association Thereof                     significant aspects of such statements.
                                                    Paper Comments                                          December 22, 2016.                                    A. Self-Regulatory Organization’s
                                                                                                               Pursuant to Section 19(b)(1) 1 of the              Statement of the Purpose of, and the
                                                       • Send paper comments in triplicate
                                                                                                            Securities Exchange Act of 1934 (the                  Statutory Basis for, the Proposed Rule
                                                    to Secretary, Securities and Exchange
                                                                                                            ‘‘Act’’) 2 and Rule 19b-4 thereunder,3                Change
                                                    Commission, 100 F Street NE.,
                                                                                                            notice is hereby given that, on December
                                                    Washington, DC 20549–1090.                                                                                    1. Purpose
                                                                                                            16, 2016, the Investors Exchange LLC
                                                    All submissions should refer to File                    (‘‘IEX’’ or the ‘‘Exchange’’) filed with the
                                                    Number SR–ISEGemini–2016–18. This                                                                                IEX proposes to amend Rule 2.230,
                                                                                                            Securities and Exchange Commission
                                                    file number should be included on the                                                                         which is currently reserved, to specify
                                                                                                            (‘‘SEC’’ or the ‘‘Commission’’) the
                                                    subject line if email is used.                                                                                the circumstances under which the
                                                                                                            proposed rule change as described in
                                                                                                                                                                  Exchange retains disciplinary
                                                       To help the Commission process and                   Items I and II below, which Items have
                                                                                                                                                                  jurisdiction over a Member or persons
                                                    review your comments more efficiently,                  been prepared by the self-regulatory
                                                                                                                                                                  associated with a Member upon
                                                    please use only one method. The                         organization. The Commission is
                                                                                                                                                                  termination, revocation or cancellation
                                                    Commission will post all comments on                    publishing this notice to solicit
                                                                                                                                                                  of membership or association thereof.
                                                    the Commission’s Internet Web site                      comments on the proposed rule change
                                                                                                                                                                  As a national securities exchange and
                                                    (http://www.sec.gov/rules/sro.shtml).                   from interested persons.
                                                                                                                                                                  self-regulatory organization (‘‘SRO’’),
                                                    Copies of the submission, all subsequent                I. Self-Regulatory Organization’s                     IEX is subject to several provisions of
                                                    amendments, all written statements                      Statement of the Terms of Substance of                the Act with respect to rule enforcement
                                                    with respect to the proposed rule                       the Proposed Rule Change                              and discipline of Members and persons
                                                    change that are filed with the                                                                                associated with Members. First, Section
                                                    Commission, and all written                                Pursuant to the provisions of Section
                                                                                                            19(b)(1) under the Securities Exchange                6(b)(1) 7 of the Act requires the
                                                    communications relating to the                                                                                Exchange to enforce compliance by its
                                                    proposed rule change between the                        Act of 1934 (‘‘Act’’),4 and Rule 19b-4
                                                                                                            thereunder,5 Investors Exchange LLC                   members and persons associated with
                                                    Commission and any person, other than                                                                         its members with applicable provisions
                                                    those that may be withheld from the                     (‘‘IEX’’ or ‘‘Exchange’’) is filing with the
                                                                                                            Securities and Exchange Commission                    of the Act, the rules and regulations
                                                    public in accordance with the                                                                                 thereunder and Exchange rules. In
                                                    provisions of 5 U.S.C. 552, will be                     (‘‘Commission’’) a proposed rule change
                                                                                                            to amend Rule 2.230, which is currently               addition, Section 6(b)(6) 8 of the Act
                                                    available for Web site viewing and                                                                            requires that IEX rules must provide
                                                    printing in the Commission’s Public                     reserved, to specify the circumstances
                                                                                                            under which the Exchange retains                      that its members and persons associated
                                                    Reference Room on official business                                                                           with its members shall be appropriately
                                                    days between the hours of 10:00 a.m.                    disciplinary jurisdiction over a Member
                                                                                                            or persons associated with a Member                   disciplined for such violations of
                                                    and 3:00 p.m. Copies of such filing also                                                                      applicable provisions of the Act, the
                                                    will be available for inspection and                    upon termination, revocation, or
                                                                                                            cancellation of membership or                         rules and regulations thereunder and
                                                    copying at the principal offices of the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            association thereof. The Exchange has                 Exchange rules (i.e., rule violations).
                                                    Exchange. All comments received will                                                                          And finally, Section 6(b)(7) 9 of the Act
                                                    be posted without change; the                           designated this proposal as ‘‘non-
                                                                                                                                                                  provides that IEX rules must provide a
                                                    Commission does not edit personal                                                                             fair procedure for the disciplining of
                                                                                                              53 17 CFR 200.30–3(a)(12).
                                                    identifying information from                              1 15 U.S.C. 78s(b)(1).
                                                    submissions. You should submit only                       2 15 U.S.C. 78a.                                      6 17 CFR 240.19b–4(f)(6)(iii).
                                                    information that you wish to make                         3 17 CFR 240.19b–4.                                   7 15 U.S.C. 78f(b)(1).
                                                    available publicly. All submissions                       4 15 U.S.C. 78s(b)(1).                                8 15 U.S.C. 78f(b)(6).
                                                    should refer to File Number SR–                           5 17 CRF 240.19b–4.                                   9 15 U.S.C. 78f(b)(7).




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                                                                              Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices                                                 96075

                                                    members and persons associated with                     on behalf of the Exchange, may need to                2. Statutory Basis
                                                    members for rule violations.                            conduct an investigation and/or initiate
                                                       In furtherance of these obligations,                 a disciplinary action with respect to a                  IEX believes that the proposed rule
                                                    IEX has retained FINRA, pursuant to a                                                                         change is consistent with the provisions
                                                                                                            former Member or person associated
                                                    regulatory services agreement (‘‘RSA’’)                                                                       of Section 6 of the Act,14 in general and
                                                                                                            with a Member for rule violations that
                                                    and subject to IEX oversight, to perform                                                                      furthers the objectives of Section
                                                                                                            occurred prior to termination of
                                                    certain regulatory functions on behalf of                                                                     6(b)(1) 15 of the Act in that it is designed
                                                                                                            membership or association thereof, but
                                                    IEX, including surveillance and                                                                               to enable the Exchange to enforce
                                                                                                            were not known to FINRA at that time.
                                                    examination of trading activity on IEX                                                                        compliance by its members and persons
                                                                                                            Accordingly, IEX proposes to amend                    associated with its members with
                                                    to identify rule violations, and related                Rule 2.230 to add a retention of
                                                    investigations of and disciplinary                                                                            applicable provisions of the Act, the
                                                                                                            jurisdiction provision. Specifically, Rule            rules and regulations thereunder and
                                                    actions against IEX members and                         2.230(a) would provide that an IEX
                                                    persons associated with members for                                                                           Exchange rules. In addition, the
                                                                                                            Member whose membership is revoked,                   Exchange believes that the proposed
                                                    any such rule violations. Investigations
                                                                                                            terminated or cancelled shall continue                rule change is consistent with Section
                                                    and disciplinary actions are conducted
                                                                                                            to be subject to the filing of a complaint            6(b)(6) 16 of the Act in that it is designed
                                                    in accordance with Chapters 8 and 9 of
                                                                                                            under IEX rules based upon conduct                    to provide authority to the Exchange to
                                                    the IEX Rules. Chapter 8 contains
                                                    provisions related to investigations and                which commenced prior to the effective                appropriately discipline former
                                                    sanctions, that require, among other                    date of the revocation, termination or                members and persons associated with
                                                    things, that a Member, person associated                cancellation. Any such complaint,                     its members for such rule violations that
                                                    with a Member or any other person                       however, shall be filed within two years              occurred during membership or
                                                    subject to IEX’s jurisdiction provide                   after the effective date of revocation,               association with a member. Further, the
                                                    information or testimony or permit an                   termination or cancellation. Proposed                 Exchange believes that the proposed
                                                    inspection and copying of books,                        Rule 2.230(b) applies to persons                      rule change is consistent with Section
                                                    records, or accounts to the Exchange                    associated with a Member and provides                 6(b)(7) 17 of the Act because it would
                                                    upon request.10 Rule 8.310 provides for                 that a person whose association with a                support a fair procedure for the
                                                    the imposition of sanctions,11 after                    Member has been revoked, terminated                   disciplining of members and persons
                                                    compliance with Chapter 9 of IEX Rules,                 or cancelled and who is no longer                     associated with members for rule
                                                    on a Member or person associated with                   associated with any Member shall                      violations. Specifically, IEX believes
                                                    a Member for rule violations, as well as                continue to be subject to the filing of a             that it is appropriate to retain
                                                    for any neglect or refusal to comply with               complaint under IEX rules based upon                  jurisdiction over members and persons
                                                    an order, direction, or decision issued                 conduct that commenced prior to the                   associated with members for a
                                                    under the IEX Rules. Chapter 9 of the                   termination, revocation or cancellation               reasonable period of time for rule
                                                    IEX Rules contains the Code of                          or upon such person’s failure, while                  violations that occurred while the firm
                                                    Procedure and includes proceedings for,                 subject to IEX’s jurisdiction to provide              was a Member or an individual was
                                                    among other things, disciplining a                      information requested by IEX pursuant                 associated with a member. IEX believes
                                                    Member or person associated with a                      to IEX rules. Any such complaint must                 that two years is reasonable in that it
                                                    Member.                                                 be filed within: two years after the                  provides adequate time for FINRA, on
                                                       IEX Rule 2.190 governs a member’s                    effective date of termination of                      its behalf, to file a complaint without
                                                    right to voluntarily terminate its IEX                  registration with IEX pursuant to Rule                subjecting former members and persons
                                                    membership. The rule provides that a                    2.160(r)(1), provided however that any                formerly associated with members to an
                                                    termination shall not take effect until 30              amendment to a notice of termination                  excessively long period of time to learn
                                                    days after certain specified conditions                 filed pursuant to Rule 2.160(r)(2) that is            of a disciplinary matter. The Exchange
                                                    have been satisfied, including: any                     filed within two years of the original                notes that FINRA, New York Stock
                                                    Exchange investigation or disciplinary                  notice that discloses that such person                Exchange (‘‘NYSE’’) and the Nasdaq
                                                    action brought against the Member has                                                                         Stock Market LLC (‘‘Nasdaq’’) also
                                                                                                            may have engaged in conduct actionable
                                                    reached a final disposition and any                                                                           provide a two-year retention of
                                                                                                            under any applicable statute, rule, or
                                                    examination by the Exchange of such                                                                           jurisdiction period.18
                                                                                                            regulation shall operate to recommence
                                                    Member is completed and all exceptions
                                                    noted have been reasonably resolved.12                  the running of the two-year period                    B. Self-Regulatory Organization’s
                                                    These provisions are designed to assure                 under this subsection; two years after                Statement on Burden on Competition
                                                    that FINRA, on IEX’s behalf, can                        the effective date of revocation or
                                                                                                            cancellation of registration pursuant to                 IEX does not believe that the
                                                    complete and resolve or finalize a                                                                            proposed rule change will result in any
                                                    pending regulatory matter involving a                   IEX rules; or in the case of an
                                                                                                            unregistered person, two years after the              burden on competition that is not
                                                    Member that is open at the time a                                                                             necessary or appropriate in furtherance
                                                    Member seeks to terminate its                           date upon which such person ceased to
                                                                                                            be associated with the member. This                   of the purposes of the Act, as amended.
                                                    membership and thus that a Member                                                                             The proposed rule change is not
                                                    cannot terminate its membership to                      proposed rule change is substantially
                                                                                                            similar to Article IV, Section 6 of the               designed to address any competitive
                                                    avoid a regulatory or disciplinary                                                                            issues but rather to provide for
                                                    matter.                                                 FINRA By-Laws with respect to
                                                                                                            members and Article V, Section 4 with                 appropriate retention of jurisdiction of
                                                       However, IEX Rule 2.190 does not
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                                                                                                            respect to persons associated with a                  former members and persons associated
                                                    fully address the possibility that FINRA,
                                                                                                            member.13                                             with a member.
                                                      10 See Rule 8.210.
                                                                                                                                                                    14 15 U.S.C. 78f.
                                                      11 Specified sanctions include censure, fine,           13 There are minor differences related to
                                                                                                                                                                    15 15 U.S.C. 78f(b)(1).
                                                    membership suspension or expulsion, cease and           terminology. In addition, provisions substantially
                                                                                                                                                                    16 15 U.S.C. 78f(b)(6).
                                                    desist order, or other fitting sanction.                similar to Article V, Section 4(b) of the FINRA By-
                                                      12 Rule 2.190 provides that the Exchange Board                                                                17 15 U.S.C. 78f(b)(7).
                                                                                                            Laws related to failure to comply with an
                                                    may declare a resignation effective at an earlier       arbitration award are contained in IEX Rule             18 See Article IV, Section 6 of the FINRA By-

                                                    time.                                                   9.554(a).                                             Laws, NYSE Rule 8130, and Nasdaq Rule 1031(f).



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                                                    96076                     Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

                                                    C. Self-Regulatory Organization’s                       under Section 19(b)(2)(B) 24 of the Act to                be submitted on or before January 19,
                                                    Statement on Comments on the                            determine whether the proposed rule                       2017.
                                                    Proposed Rule Change Received From                      change should be approved or                                For the Commission, by the Division of
                                                    Members, Participants, or Others                        disapproved.                                              Trading and Markets, pursuant to delegated
                                                      Written comments were neither                                                                                   authority.25
                                                                                                            IV. Solicitation of Comments
                                                    solicited nor received.                                                                                           Robert W. Errett,
                                                                                                              Interested persons are invited to                       Deputy Secretary.
                                                    III. Date of Effectiveness of the                       submit written data, views and
                                                                                                                                                                      [FR Doc. 2016–31492 Filed 12–28–16; 8:45 am]
                                                    Proposed Rule Change and Timing for                     arguments concerning the foregoing,
                                                                                                                                                                      BILLING CODE 8011–01–P
                                                    Commission Action                                       including whether the proposed rule
                                                       The Exchange has designated this rule                change is consistent with the Act.
                                                    filing as non-controversial under                       Comments may be submitted by any of                       SECURITIES AND EXCHANGE
                                                    Section 19(b)(3)(A) 19 of the Act and                   the following methods:                                    COMMISSION
                                                    Rule 19b–4(f)(6) 20 thereunder. Because                 Electronic Comments
                                                    the proposed rule change does not: (i)                                                                            [Release No. 34–79659; File No. SR–NYSE–
                                                    Significantly affect the protection of                    • Use the Commission’s Internet                         2016–87]
                                                    investors or the public interest; (ii)                  comment form (http://www.sec.gov/
                                                                                                            rules/sro.shtml); or                                      Self-Regulatory Organizations; New
                                                    impose any significant burden on
                                                    competition; and (iii) become operative                   • Send an email to rule-comments@                       York Stock Exchange LLC; Notice of
                                                                                                            sec.gov. Please include File Number SR–                   Filing of Proposed Rule Change To
                                                    for 30 days from the date on which it
                                                                                                            IEX–2016–22 on the subject line.                          Conform to Proposed Amendments to
                                                    was filed, or such shorter time as the
                                                                                                                                                                      Securities Exchange Act Rule 15c6–
                                                    Commission may designate, it has                        Paper Comments                                            1(a) To Shorten the Standard
                                                    become effective pursuant to Section
                                                    19(b)(3)(A) of the Act and Rule 19b–                       • Send paper comments in triplicate                    Settlement Cycle From Three Business
                                                                                                            to Brent J. Fields, Secretary, Securities                 Days After the Trade Date (‘‘T+3’’) to
                                                    4(f)(6) thereunder.
                                                                                                            and Exchange Commission, 100 F Street                     Two Business Days After the Trade
                                                       A proposed rule change filed under
                                                                                                            NE., Washington, DC 20549–1090.                           Date (‘‘T+2’’)
                                                    Rule 19b–4(f)(6) 21 normally does not
                                                    become operative prior to 30 days after                 All submissions should refer to File                      December 22, 2016.
                                                    the date of the filing. However, pursuant               Number SR–IEX–2016–22. This file                             Pursuant to Section 19(b)(1) 1 of the
                                                    to Rule 19b–4(f)(6)(iii),22 the                         number should be included in the                          Securities Exchange Act of 1934 (the
                                                    Commission may designate a shorter                      subject line if email is used. To help the                ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                    time if such action is consistent with the              Commission process and review your                        notice is hereby given that, on December
                                                    protection of investors and the public                  comments more efficiently, please use                     15, 2016, New York Stock Exchange
                                                    interest. The Exchange has asked the                    only one method. The Commission will                      LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
                                                    Commission to waive the 30-day                          post all comments on the Commission’s                     with the Securities and Exchange
                                                    operative delay as the proposed                         Internet Web site (http://www.sec.gov/                    Commission (the ‘‘Commission’’) the
                                                    implementation of the two-year                          rules/sro.shtml). Copies of the                           proposed rule change as described in
                                                    retention of jurisdiction is consistent                 submission, all subsequent                                Items I and II below, which Items have
                                                    with the rules of other SROs and will                   amendments, all written statements                        been prepared by the self-regulatory
                                                    enable the Exchange to immediately                      with respect to the proposed rule                         organization. The Commission is
                                                    retain jurisdiction over a register                     change that are filed with the                            publishing this notice to solicit
                                                    representative who may have been                        Commission, and all written                               comments on the proposed rule change
                                                    engaged in unlawful activity. Based on                  communications relating to the                            from interested persons.
                                                    the foregoing, the Commission believes                  proposed rule change between the
                                                    that it is consistent with the protection               Commission and any person, other than                     I. Self-Regulatory Organization’s
                                                    of investors and the public interest to                 those that may be withheld from the                       Statement of the Terms of Substance of
                                                    waive the 30-day operative date so that                 public in accordance with the                             the Proposed Rule Change
                                                    the proposal may take effect upon                       provisions of 5 U.S.C. 552, will be                          The Exchange proposes new Rules
                                                    filing.23                                               available for Web site viewing and                        14T, Dealings and SettlementsT (Rules
                                                       At any time within 60 days of the                    printing in the Commission’s Public                       45—299C), 64T, 235T, 236T, 282.65T
                                                    filing of the proposed rule change, the                 Reference Section, 100 F Street NE.,                      and 257T, and new Section 703.02T
                                                    Commission summarily may                                Washington, DC 20549, on official                         (part 2) of the Listed Company Manual
                                                    temporarily suspend such rule change if                 business days between the hours of                        to conform to proposed amendments to
                                                    it appears to the Commission that such                  10:00 a.m. and 3:00 p.m. Copies of the                    Securities Exchange Act Rule 15c6–1(a)
                                                    action is necessary or appropriate in the               filing will also be available for                         to shorten the standard settlement cycle
                                                    public interest, for the protection of                  inspection and copying at the IEX’s                       from three business days after the trade
                                                    investors, or otherwise in furtherance of               principal office and on its Internet Web                  date (‘‘T+3’’) to two business days after
                                                    the purposes of the Act. If the                         site at www.iextrading.com. All                           the trade date (‘‘T+2’’). The proposed
                                                    Commission takes such action, the                       comments received will be posted                          rule change is available on the
                                                                                                            without change; the Commission does
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                                                    Commission shall institute proceedings                                                                            Exchange’s Web site at www.nyse.com,
                                                                                                            not edit personal identifying                             at the principal office of the Exchange,
                                                      19 15 U.S.C. 78s(b)(3)(A).                            information from submissions. You                         and at the Commission’s Public
                                                      20 17 CFR 240.19b–4(f)(6).                            should submit only information that                       Reference Room.
                                                      21 17 CFR 240.19b–4(f)(6).
                                                                                                            you wish to make available publicly. All
                                                      22 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                            submissions should refer to File                            25 17 CFR 200.30–3(a)(12).
                                                      23 For purposes only of waiving the 30-day
                                                                                                            Number SR–IEX–2016–22 and should                            1 15 U.S.C.78s(b)(1).
                                                    operative delay, the Commission has considered the
                                                                                                                                                                        2 15 U.S.C. 78a.
                                                    proposed rule’s impact on efficiency, competition,
                                                    and capital formation. See 15 U.S.C. 78c(f).              24 15   U.S.C. 78s(b)(2)(B).                              3 17 CFR 240.19b–4.




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Document Created: 2016-12-29 01:58:15
Document Modified: 2016-12-29 01:58:15
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 96074 

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