82_FR_18876 82 FR 18800 - Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing of Proposed Rule Change To Shorten the Standard Settlement Cycle From Three Business Days After the Trade Date to Two Business Days After the Trade Date

82 FR 18800 - Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing of Proposed Rule Change To Shorten the Standard Settlement Cycle From Three Business Days After the Trade Date to Two Business Days After the Trade Date

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 76 (April 21, 2017)

Page Range18800-18802
FR Document2017-08057

Federal Register, Volume 82 Issue 76 (Friday, April 21, 2017)
[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18800-18802]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08057]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80467; File No. SR-CHX-2017-06]


Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; 
Notice of Filing of Proposed Rule Change To Shorten the Standard 
Settlement Cycle From Three Business Days After the Trade Date to Two 
Business Days After the Trade Date

April 17, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on April 6, 2017, the Chicago Stock Exchange, Inc. (``CHX'' or 
``Exchange'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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

    CHX proposes to amend Articles 1 and 9 of the Rules of the Exchange 
(``CHX Rules'') to conform to an amendment to Securities Exchange Act 
Rule 15c6-1(a) \3\ to shorten the standard settlement cycle from three 
business days after the trade date (``T+3'') to two business days after 
the trade date (``T+2''). The text of this proposed rule change is 
available on the Exchange's Web site at http://www.chx.com/regulatory-operations/rule-filings/, at the principal office of the Exchange, and 
at the Commission's Public Reference Room.
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    \3\ 17 CFR 240.15c6-1(a).

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[[Page 18801]]

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

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

1. Purpose
    The Exchange proposes to amend Article 1, Rule 2(e) and Article 9, 
Rule 7 to conform to an amendment to Securities Exchange Act Rule 15c6-
1(a) \4\ to shorten the standard settlement cycle from T+3 to T+2. The 
operative date of the proposed rule change is September 5, 2017.
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    \4\ See id; see also infra notes 8 and 9.
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Background
    In 1993, the Commission adopted Securities Exchange Act Rule 15c6-
1(a),\5\ which established three business days after trade date instead 
of five business days (``T+5''), as the standard trade settlement cycle 
for most securities transactions. The rule became effective in June 
1995.\6\ In March 1995, the Exchange amended its rules to be consistent 
with the T+3 settlement cycle for securities transactions.\7\
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    \5\ 17 CFR 240.15c6-1(a).
    \6\ See Securities Exchange Act Release Nos. 33023 (October 6, 
1993), 58 FR 52891 (order adopting Rule 15c6-1); see also Securities 
Exchange Act Release No. 34952 (November 9, 1994), 59 FR 59137 
(order changing the effective date from June 1, 1995, to June 7, 
1995).
    \7\ See Securities Exchange Act Release No. 35554 (March 31, 
1995), 60 FR 17597 (April 6, 1995); see also Securities Exchange Act 
Release No. 35155 (December 27, 1994), 60 FR 517 (January 4, 1995) 
(SR-CHX-94-26).
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    On September 28, 2016, the SEC proposed amendments to Rule 15c6-
1(a) to shorten the standard settlement cycle from T+3 to T+2 on the 
basis that the shorter settlement cycle would reduce the risks that 
arise from the value and number of unsettled securities transactions 
prior to completion of settlement, including credit, market and 
liquidity risk faced by U.S. market participants.\8\ The proposed rule 
amendment was published for comment in the Federal Register on October 
5, 2016.\9\ On March 22, 2017, the SEC adopted the proposed rule 
amendment and set a Rule 15c6-1(a) compliance date of September 5, 
2017.\10\
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    \8\ See SEC Press Release 2016-200: ``SEC Proposes Rule 
Amendment to Expedite Process for Settling Securities Transactions'' 
(September 28, 2016).
    \9\ See Securities Exchange Act Release No. 78962 (September 28, 
2016), 81 FR 69240 (October 5, 2016) (File No. S7-22-16) (``SEC 
Proposing Release'').
    \10\ See Securities Exchange Act Relesae [sic] No. 80295 (March 
22, 2017), 82 FR 15564 (March 29, 2017) (``SEC Adopting Release'').
---------------------------------------------------------------------------

    In light of this action by the SEC, the Exchange proposes to amend 
CHX Rules to reflect ``regular way'' settlement as occurring on 
T+2.\11\
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    \11\ In December 2016, the New York Stock Exchange (``NYSE'') 
also filed a rule change to reflect ``regular way'' settlement as 
occurring on T+2. See Securities Exchange Act Release No. 80021 
(February 10, 2017), 82 FR 10931 (February 16, 2017); see also 
Securities Exchange Act Release No. 79659 (December 22, 2016), 81 FR 
96076 (December 29, 2016) (SR-NYSE-2016-87).
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Proposed Rule Change
    The Exchange proposes to amend Article 1, Rule 2(e) and Article 9, 
Rule 7 to reflect a T+2 settlement cycle. Except for changes reflecting 
the shortened settlement period, the Exchange does not propose any 
other amendments to the CHX Rules.
    Current Article 1, Rule 2(e)(1) provides, in pertinent part, that 
``Regular Way Settlement'' means a transaction for delivery on the 
third full business day following the day of the contract. The Exchange 
proposes an amendment to change ``third full business day'' to ``second 
full business day.''
    Current Article 1, Rule 2(e)(2)(C) provides that ``Seller's 
Option'' means transaction for delivery within the time specified in 
the option, which time shall not be less than four (4) full business 
days nor more than 60 days following the day of the contract; except 
that the Exchange may provide otherwise in specific issues of stocks or 
classes of stocks. The Exchange proposes an amendment to change ``four 
(4) full business days'' to ``three (3) full business days.''
    Current Article 9, Rule 7(a) provides, in pertinent part, that 
transactions in stocks, except as provided below, shall be ex-dividend 
or ex-rights two full business days immediately preceding the date of 
record fixed by the corporation for the determination of stockholders 
entitled to receive such dividends or rights, except: (1) When such 
record date occurs upon a holiday or half-holiday, transactions in the 
stock shall be ex-dividend or ex-rights three full business days 
immediately preceding the record date. The Exchange proposes amendments 
to change ``two full business days'' to ``business day'' under Rule 
7(a) and ``three full business days'' to ``two full business days'' 
under Rule 7(a)(1).
    Current Article 9, Rule 7(b) provides, in pertinent part, that 
transactions in securities which have subscription warrants attached 
(except those made for ``cash'') shall be ex-warrants on the second 
full business day preceding the date of expiration of the warrants, 
except: (1) When the day of expiration occurs on a holiday or Sunday, 
said transactions shall be ex-warrants on the third full business day 
preceding said day of expiration. The Exchange proposes amendments to 
change ``second full business day'' to ``business day'' under Rule 7(b) 
and ``third full business day'' to ``second full business day'' under 
Rule 7(b)(1).
    As noted above, the Exchange proposes to make the proposed rule 
change operative on September 5, 2017, which is the compliance date for 
the amendment to Rule 15c6-1(a) set by the SEC.\12\
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    \12\ See supra note 10.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\13\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\14\ in particular, because it 
is designed to prevent fraudulent and manipulative acts and practices, 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, and, in general, to protect investors and the 
public interest.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes that the proposed rule change 
supports the industry-led initiative to shorten the settlement cycle to 
two business days. Moreover, the proposed rule change is consistent 
with the SEC's amendment to Securities Exchange Act Rule 15c6-1(a) to 
require standard settlement no later than T+2. The Exchange believes 
that the proposed rule change will provide the regulatory certainty to 
facilitate the industry-led move to a T+2 settlement cycle. Further, 
the Exchange believes that, by shortening the time period for 
settlement of most securities transactions, the proposed rule change 
would protect investors and the public

[[Page 18802]]

interest by reducing the number of unsettled trades in the clearance 
and settlement system at any given time, thereby reducing the risk 
inherent in settling securities transactions to clearing corporations, 
their members and public investors. The Exchange also believes that the 
proposed operative date for the proposed rule change of September 5, 
2017 would remove impediments to and perfect the mechanisms of a free 
and open market and a national market system as it is identical to the 
compliance date for the amendment to Rule 15c6-1(a) set by the SEC.\15\
---------------------------------------------------------------------------

    \15\ See supra note 10.
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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 that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed change is not 
designed to address any competitive issue, but rather facilitate the 
industry's transition to a T+2 regular way settlement cycle. The 
Exchange also believes that the proposed rule change will serve to 
promote clarity and consistency, thereby reducing burdens on the 
marketplace and facilitating investor protection. Moreover, the 
proposed rule change is consistent with the SEC's amendment to 
Securities Exchange Act Rule 15c6-1(a) to require standard settlement 
no later than T+2. Accordingly, the Exchange believes that the proposed 
changes do not impose any burdens on the industry in addition to those 
necessary to implement amendments to Securities Exchange Act Rule 15c6-
1(a) as described and enumerated in the SEC Proposing Release.\16\
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    \16\ See supra note 9.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period (i) as the Commission may 
designate up to 90 days of such date if it finds such longer period to 
be appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    A. By order approve or disapprove the proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

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

Electronic 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-CHX-2017-06 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-CHX-2017-06. 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 the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CHX-2017-06, and should be 
submitted on or before May 12, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2017-08057 Filed 4-20-17; 8:45 am]
BILLING CODE 8011-01-P



                                                18800                                Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices

                                                burden on competition is extremely                         of investors; or (iii) otherwise in                   2017–020 and should be submitted on
                                                limited.                                                   furtherance of the purposes of the Act.               or before May 12, 2017.
                                                   In this instance, the proposed changes                  If the Commission takes such action, the                For the Commission, by the Division of
                                                to the charges assessed and credits                        Commission shall institute proceedings                Trading and Markets, pursuant to delegated
                                                available to members for execution of                      to determine whether the proposed rule                authority.13
                                                securities in securities of all three Tapes                should be approved or disapproved.
                                                do not impose a burden on competition                                                                            Brent J. Fields,
                                                because the Exchange’s execution                           IV. Solicitation of Comments                          Secretary.
                                                services are completely voluntary and                        Interested persons are invited to                   [FR Doc. 2017–08063 Filed 4–20–17; 8:45 am]
                                                subject to extensive competition both                      submit written data, views, and                       BILLING CODE 8011–01–P
                                                from other exchanges and from off-                         arguments concerning the foregoing,
                                                exchange venues. The proposed
                                                                                                           including whether the proposed rule
                                                expansion of the zero credit tier is not                                                                         SECURITIES AND EXCHANGE
                                                                                                           change is consistent with the Act.
                                                a burden on competition because the                                                                              COMMISSION
                                                                                                           Comments may be submitted by any of
                                                Exchange has limited resources to apply
                                                                                                           the following methods:
                                                as credits and such resources must be                                                                            [Release No. 34–80467; File No. SR–CHX–
                                                applied in a manner that the Exchange                      Electronic Comments                                   2017–06]
                                                believes will best improve market
                                                quality thereon. The Exchange believes                       • Use the Commission’s Internet
                                                                                                                                                                 Self-Regulatory Organizations;
                                                that providing credits to members that                     comment form (http://www.sec.gov/
                                                                                                           rules/sro.shtml); or                                  Chicago Stock Exchange, Inc.; Notice
                                                are already receiving price improvement                                                                          of Filing of Proposed Rule Change To
                                                is not the most efficient allocation of                      • Send an email to rule-comments@                   Shorten the Standard Settlement Cycle
                                                such limited resources, since such                         sec.gov. Please include File Number SR–               From Three Business Days After the
                                                Orders do not need to be incentivized.                     BX–2017–020 on the subject line.                      Trade Date to Two Business Days After
                                                As a consequence, the Exchange
                                                believes that offering such executions at                  Paper Comments                                        the Trade Date
                                                no cost will not place a burden on                           • Send paper comments in triplicate                 April 17, 2017.
                                                competition, but rather will allow the                     to Secretary, Securities and Exchange
                                                Exchange to apply its limited resources                                                                             Pursuant to Section 19(b)(1) of the
                                                                                                           Commission, 100 F Street NE.,                         Securities Exchange Act of 1934
                                                to other areas wherein it can promote                      Washington, DC 20549–1090.
                                                market-improving behavior by its                                                                                 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                participants. Thus, the proposed                           All submissions should refer to File                  notice is hereby given that on April 6,
                                                changes have the potential to make the                     Number SR–BX–2017–020. This file                      2017, the Chicago Stock Exchange, Inc.
                                                Exchange a more attractive trading                         number should be included on the                      (‘‘CHX’’ or ‘‘Exchange’’) filed with the
                                                venue, and consequently may promote                        subject line if email is used. To help the            Securities and Exchange Commission
                                                competition among markets. In sum, if                      Commission process and review your                    (the ‘‘Commission’’) the proposed rule
                                                the changes proposed herein are                            comments more efficiently, please use                 change as described in Items I, II and III
                                                unattractive to market participants, it is                 only one method. The Commission will                  below, which Items have been prepared
                                                likely that the Exchange will lose                         post all comments on the Commission’s                 by the self-regulatory organization. The
                                                market share as a result. Accordingly,                     Internet Web site (http://www.sec.gov/                Commission is publishing this notice to
                                                the Exchange does not believe that the                     rules/sro.shtml).                                     solicit comments on the proposed rule
                                                proposed changes will impair the ability                      Copies of the submission, all                      change from interested persons.
                                                of members or competing Order                              subsequent amendments, all written
                                                execution venues to maintain their                                                                               I. Self-Regulatory Organization’s
                                                                                                           statements with respect to the proposed
                                                competitive standing in the financial                      rule change that are filed with the                   Statement of the Terms of Substance of
                                                markets.                                                   Commission, and all written                           the Proposed Rule Change
                                                C. Self-Regulatory Organization’s                          communications relating to the                           CHX proposes to amend Articles 1
                                                Statement on Comments on the                               proposed rule change between the                      and 9 of the Rules of the Exchange
                                                Proposed Rule Change Received From                         Commission and any person, other than                 (‘‘CHX Rules’’) to conform to an
                                                Members, Participants, or Others                           those that may be withheld from the                   amendment to Securities Exchange Act
                                                                                                           public in accordance with the
                                                  No written comments were either                                                                                Rule 15c6–1(a) 3 to shorten the standard
                                                                                                           provisions of 5 U.S.C. 552, will be
                                                solicited or received.                                                                                           settlement cycle from three business
                                                                                                           available for Web site viewing and
                                                                                                           printing in the Commission’s Public                   days after the trade date (‘‘T+3’’) to two
                                                III. Date of Effectiveness of the
                                                Proposed Rule Change and Timing for                        Reference Room, 100 F Street NE.,                     business days after the trade date
                                                Commission Action                                          Washington, DC 20549, on official                     (‘‘T+2’’). The text of this proposed rule
                                                                                                           business days between the hours of                    change is available on the Exchange’s
                                                   The foregoing rule change has become                                                                          Web site at http://www.chx.com/
                                                effective pursuant to Section                              10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                           filing also will be available for                     regulatory-operations/rule-filings/, at
                                                19(b)(3)(A)(ii) of the Act.12
                                                                                                           inspection and copying at the principal               the principal office of the Exchange, and
                                                   At any time within 60 days of the
                                                                                                           office of the Exchange. All comments                  at the Commission’s Public Reference
sradovich on DSK3GMQ082PROD with NOTICES




                                                filing of the proposed rule change, the
                                                Commission summarily may                                   received will be posted without change;               Room.
                                                temporarily suspend such rule change if                    the Commission does not edit personal
                                                it appears to the Commission that such                     identifying information from
                                                action is: (i) Necessary or appropriate in                 submissions. You should submit only                     13 17 CFR 200.30–3(a)(12).
                                                the public interest; (ii) for the protection               information that you wish to make                       1 15 U.S.C. 78s(b)(1).
                                                                                                           available publicly. All submissions                     2 17 CFR 240.19b–4.

                                                  12 15   U.S.C. 78s(b)(3)(A)(ii).                         should refer to File Number SR–BX–                      3 17 CFR 240.15c6–1(a).




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                                                                                 Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices                                          18801

                                                II. Self-Regulatory Organization’s                      proposed rule amendment was                           preceding the record date. The
                                                Statement of the Purpose of, and                        published for comment in the Federal                  Exchange proposes amendments to
                                                Statutory Basis for, the Proposed Rule                  Register on October 5, 2016.9 On March                change ‘‘two full business days’’ to
                                                Change                                                  22, 2017, the SEC adopted the proposed                ‘‘business day’’ under Rule 7(a) and
                                                   In its filing with the Commission, the               rule amendment and set a Rule 15c6–                   ‘‘three full business days’’ to ‘‘two full
                                                self-regulatory organization included                   1(a) compliance date of September 5,                  business days’’ under Rule 7(a)(1).
                                                statements concerning the purpose of,                   2017.10                                                  Current Article 9, Rule 7(b) provides,
                                                and basis for, the proposed rule change                   In light of this action by the SEC, the             in pertinent part, that transactions in
                                                and discussed any comments it received                  Exchange proposes to amend CHX Rules                  securities which have subscription
                                                on the proposed rule change. The text                   to reflect ‘‘regular way’’ settlement as              warrants attached (except those made
                                                of those statements may be examined at                  occurring on T+2.11                                   for ‘‘cash’’) shall be ex-warrants on the
                                                the places specified in Item IV below.                                                                        second full business day preceding the
                                                                                                        Proposed Rule Change                                  date of expiration of the warrants,
                                                The Exchange has prepared summaries,
                                                set forth in sections A, B and C below,                    The Exchange proposes to amend                     except: (1) When the day of expiration
                                                of the most significant parts of such                   Article 1, Rule 2(e) and Article 9, Rule              occurs on a holiday or Sunday, said
                                                statements.                                             7 to reflect a T+2 settlement cycle.                  transactions shall be ex-warrants on the
                                                                                                        Except for changes reflecting the                     third full business day preceding said
                                                A. Self-Regulatory Organization’s                       shortened settlement period, the                      day of expiration. The Exchange
                                                Statement of the Purpose of, and the                    Exchange does not propose any other                   proposes amendments to change
                                                Statutory Basis for, the Proposed Rule                  amendments to the CHX Rules.                          ‘‘second full business day’’ to ‘‘business
                                                Change                                                     Current Article 1, Rule 2(e)(1)                    day’’ under Rule 7(b) and ‘‘third full
                                                1. Purpose                                              provides, in pertinent part, that                     business day’’ to ‘‘second full business
                                                                                                        ‘‘Regular Way Settlement’’ means a                    day’’ under Rule 7(b)(1).
                                                   The Exchange proposes to amend                                                                                As noted above, the Exchange
                                                                                                        transaction for delivery on the third full
                                                Article 1, Rule 2(e) and Article 9, Rule                                                                      proposes to make the proposed rule
                                                                                                        business day following the day of the
                                                7 to conform to an amendment to                                                                               change operative on September 5, 2017,
                                                                                                        contract. The Exchange proposes an
                                                Securities Exchange Act Rule 15c6–                                                                            which is the compliance date for the
                                                                                                        amendment to change ‘‘third full
                                                1(a) 4 to shorten the standard settlement                                                                     amendment to Rule 15c6–1(a) set by the
                                                                                                        business day’’ to ‘‘second full business
                                                cycle from T+3 to T+2. The operative                                                                          SEC.12
                                                                                                        day.’’
                                                date of the proposed rule change is
                                                                                                           Current Article 1, Rule 2(e)(2)(C)                 2. Statutory Basis
                                                September 5, 2017.
                                                                                                        provides that ‘‘Seller’s Option’’ means
                                                Background                                              transaction for delivery within the time                 The Exchange believes that the
                                                                                                        specified in the option, which time shall             proposed rule change is consistent with
                                                   In 1993, the Commission adopted                                                                            Section 6(b) of the Act,13 in general, and
                                                Securities Exchange Act Rule 15c6–                      not be less than four (4) full business
                                                                                                        days nor more than 60 days following                  furthers the objectives of Section 6(b)(5)
                                                1(a),5 which established three business                                                                       of the Act,14 in particular, because it is
                                                days after trade date instead of five                   the day of the contract; except that the
                                                                                                        Exchange may provide otherwise in                     designed to prevent fraudulent and
                                                business days (‘‘T+5’’), as the standard                                                                      manipulative acts and practices,
                                                trade settlement cycle for most                         specific issues of stocks or classes of
                                                                                                        stocks. The Exchange proposes an                      promote just and equitable principles of
                                                securities transactions. The rule became                                                                      trade, to foster cooperation and
                                                effective in June 1995.6 In March 1995,                 amendment to change ‘‘four (4) full
                                                                                                        business days’’ to ‘‘three (3) full                   coordination with persons engaged in
                                                the Exchange amended its rules to be                                                                          regulating, clearing, settling, processing
                                                consistent with the T+3 settlement cycle                business days.’’
                                                                                                           Current Article 9, Rule 7(a) provides,             information with respect to, and remove
                                                for securities transactions.7
                                                                                                        in pertinent part, that transactions in               impediments to and perfect the
                                                   On September 28, 2016, the SEC
                                                proposed amendments to Rule 15c6–                       stocks, except as provided below, shall               mechanism of a free and open market
                                                1(a) to shorten the standard settlement                 be ex-dividend or ex-rights two full                  and a national market system, and, in
                                                cycle from T+3 to T+2 on the basis that                 business days immediately preceding                   general, to protect investors and the
                                                the shorter settlement cycle would                      the date of record fixed by the                       public interest.
                                                                                                        corporation for the determination of                     In particular, the Exchange believes
                                                reduce the risks that arise from the
                                                                                                        stockholders entitled to receive such                 that the proposed rule change supports
                                                value and number of unsettled
                                                                                                        dividends or rights, except: (1) When                 the industry-led initiative to shorten the
                                                securities transactions prior to
                                                                                                        such record date occurs upon a holiday                settlement cycle to two business days.
                                                completion of settlement, including
                                                credit, market and liquidity risk faced                 or half-holiday, transactions in the stock            Moreover, the proposed rule change is
                                                by U.S. market participants.8 The                       shall be ex-dividend or ex-rights three               consistent with the SEC’s amendment to
                                                                                                        full business days immediately                        Securities Exchange Act Rule 15c6–1(a)
                                                  4 See id; see also infra notes 8 and 9.
                                                                                                                                                              to require standard settlement no later
                                                  5 17 CFR 240.15c6–1(a).                                 9 See Securities Exchange Act Release No. 78962     than T+2. The Exchange believes that
                                                  6 See Securities Exchange Act Release Nos. 33023      (September 28, 2016), 81 FR 69240 (October 5,         the proposed rule change will provide
                                                (October 6, 1993), 58 FR 52891 (order adopting Rule     2016) (File No. S7–22–16) (‘‘SEC Proposing            the regulatory certainty to facilitate the
                                                15c6–1); see also Securities Exchange Act Release       Release’’).                                           industry-led move to a T+2 settlement
                                                No. 34952 (November 9, 1994), 59 FR 59137 (order          10 See Securities Exchange Act Relesae [sic] No.
                                                changing the effective date from June 1, 1995, to       80295 (March 22, 2017), 82 FR 15564 (March 29,
                                                                                                                                                              cycle. Further, the Exchange believes
sradovich on DSK3GMQ082PROD with NOTICES




                                                June 7, 1995).                                          2017) (‘‘SEC Adopting Release’’).                     that, by shortening the time period for
                                                  7 See Securities Exchange Act Release No. 35554         11 In December 2016, the New York Stock             settlement of most securities
                                                (March 31, 1995), 60 FR 17597 (April 6, 1995); see      Exchange (‘‘NYSE’’) also filed a rule change to       transactions, the proposed rule change
                                                also Securities Exchange Act Release No. 35155          reflect ‘‘regular way’’ settlement as occurring on
                                                (December 27, 1994), 60 FR 517 (January 4, 1995)
                                                                                                                                                              would protect investors and the public
                                                                                                        T+2. See Securities Exchange Act Release No.
                                                (SR–CHX–94–26).                                         80021 (February 10, 2017), 82 FR 10931 (February
                                                  8 See SEC Press Release 2016–200: ‘‘SEC Proposes                                                              12 See supra note 10.
                                                                                                        16, 2017); see also Securities Exchange Act Release
                                                                                                                                                                13 15 U.S.C. 78f(b).
                                                Rule Amendment to Expedite Process for Settling         No. 79659 (December 22, 2016), 81 FR 96076
                                                Securities Transactions’’ (September 28, 2016).         (December 29, 2016) (SR–NYSE–2016–87).                  14 15 U.S.C. 78f(b)(5).




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                                                18802                            Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices

                                                interest by reducing the number of                      organization consents, the Commission                   For the Commission, by the Division of
                                                unsettled trades in the clearance and                   will:                                                 Trading and Markets, pursuant to delegated
                                                settlement system at any given time,                      A. By order approve or disapprove the               authority.17
                                                thereby reducing the risk inherent in                   proposed rule change, or                              Brent J. Fields,
                                                settling securities transactions to                       B. Institute proceedings to determine               Secretary.
                                                clearing corporations, their members                    whether the proposed rule change                      [FR Doc. 2017–08057 Filed 4–20–17; 8:45 am]
                                                and public investors. The Exchange also                 should be disapproved.                                BILLING CODE 8011–01–P
                                                believes that the proposed operative                    IV. Solicitation of Comments
                                                date for the proposed rule change of
                                                September 5, 2017 would remove                            Interested persons are invited to                   SECURITIES AND EXCHANGE
                                                impediments to and perfect the                          submit written data, views, and                       COMMISSION
                                                mechanisms of a free and open market                    arguments concerning the foregoing,
                                                                                                        including whether the proposed rule                   [Release No. 34–80470; File No. SR–CBOE–
                                                and a national market system as it is                                                                         2017–030]
                                                identical to the compliance date for the                change is consistent with the Act.
                                                amendment to Rule 15c6–1(a) set by the                  Comments may be submitted by any of
                                                                                                                                                              Self-Regulatory Organizations;
                                                SEC.15                                                  the following methods:
                                                                                                                                                              Chicago Board Options Exchange,
                                                B. Self-Regulatory Organization’s                       Electronic Comments                                   Incorporated; Notice of Filing and
                                                Statement on Burden on Competition                        • Use the Commission’s Internet                     Immediate Effectiveness of a Proposed
                                                                                                        comment form (http://www.sec.gov/                     Rule Change To Amend the MDX Fees
                                                  The Exchange does not believe that                                                                          Schedule
                                                the proposed rule change will impose                    rules/sro.shtml); or
                                                                                                          • Send an email to rule-comments@                   April 17, 2017.
                                                any burden on competition that is not
                                                                                                        sec.gov. Please include File Number SR–
                                                necessary or appropriate in furtherance                                                                          Pursuant to Section 19(b)(1) of the
                                                                                                        CHX–2017–06 on the subject line.
                                                of the purposes of the Act. The                                                                               Securities Exchange Act of 1934 (the
                                                proposed change is not designed to                      Paper Comments                                        ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                address any competitive issue, but                         • Send paper comments in triplicate                notice is hereby given that on April 3,
                                                rather facilitate the industry’s transition             to Brent J. Fields, Secretary, Securities             2017, Chicago Board Options Exchange,
                                                to a T+2 regular way settlement cycle.                  and Exchange Commission, 100 F Street                 Incorporated (the ‘‘Exchange’’ or
                                                The Exchange also believes that the                     NE., Washington, DC 20549–1090.                       ‘‘CBOE’’) filed with the Securities and
                                                proposed rule change will serve to                                                                            Exchange Commission (the
                                                                                                        All submissions should refer to File
                                                promote clarity and consistency,                                                                              ‘‘Commission’’) the proposed rule
                                                                                                        Number SR–CHX–2017–06. This file
                                                thereby reducing burdens on the                                                                               change as described in Items I, II, and
                                                                                                        number should be included on the
                                                marketplace and facilitating investor                                                                         III below, which Items have been
                                                                                                        subject line if email is used. To help the
                                                protection. Moreover, the proposed rule                                                                       prepared by the Exchange. The
                                                                                                        Commission process and review your
                                                change is consistent with the SEC’s                                                                           Commission is publishing this notice to
                                                                                                        comments more efficiently, please use
                                                amendment to Securities Exchange Act                                                                          solicit comments on the proposed rule
                                                                                                        only one method. The Commission will
                                                Rule 15c6–1(a) to require standard                                                                            change from interested persons.
                                                                                                        post all comments on the Commission’s
                                                settlement no later than T+2.                           Internet Web site (http://www.sec.gov/                I. Self-Regulatory Organization’s
                                                Accordingly, the Exchange believes that                 rules/sro.shtml). Copies of the                       Statement of the Terms of Substance of
                                                the proposed changes do not impose                      submission, all subsequent                            the Proposed Rule Change
                                                any burdens on the industry in addition                 amendments, all written statements
                                                to those necessary to implement                                                                                  Chicago Board Options Exchange,
                                                                                                        with respect to the proposed rule                     Incorporated (the ‘‘Exchange’’ or
                                                amendments to Securities Exchange Act                   change that are filed with the
                                                Rule 15c6–1(a) as described and                                                                               ‘‘CBOE’’) proposes to amend its MDX
                                                                                                        Commission, and all written                           fees schedule. The text of the proposed
                                                enumerated in the SEC Proposing                         communications relating to the
                                                Release.16                                                                                                    rule change is available on the
                                                                                                        proposed rule change between the                      Exchange’s Web site (http://
                                                C. Self-Regulatory Organization’s                       Commission and any person, other than                 www.cboe.com/AboutCBOE/
                                                Statement on Comments on the                            those that may be withheld from the                   CBOELegalRegulatoryHome.aspx), at
                                                Proposed Rule Change Received From                      public in accordance with the                         the Exchange’s Office of the Secretary,
                                                Members, Participants, or Others                        provisions of 5 U.S.C. 552, will be                   and at the Commission’s Public
                                                  No written comments were solicited                    available for Web site viewing and                    Reference Room.
                                                or received with respect to the proposed                printing in the Commission’s Public
                                                                                                        Reference Room, 100 F Street NE.,                     II. Self-Regulatory Organization’s
                                                rule change.
                                                                                                        Washington, DC 20549, on official                     Statement of the Purpose of, and
                                                III. Date of Effectiveness of the                       business days between the hours of                    Statutory Basis for, the Proposed Rule
                                                Proposed Rule Change and Timing for                     10:00 a.m. and 3:00 p.m. Copies of the                Change
                                                Commission Action                                       filing also will be available for                       In its filing with the Commission, the
                                                   Within 45 days of the date of                        inspection and copying at the principal               Exchange included statements
                                                publication of this notice in the Federal               office of the Exchange. All comments                  concerning the purpose of and basis for
                                                Register or within such longer period (i)               received will be posted without change;               the proposed rule change and discussed
                                                                                                        the Commission does not edit personal
sradovich on DSK3GMQ082PROD with NOTICES




                                                as the Commission may designate up to                                                                         any comments it received on the
                                                90 days of such date if it finds such                   identifying information from                          proposed rule change. The text of these
                                                longer period to be appropriate and                     submissions. You should submit only                   statements may be examined at the
                                                publishes its reasons for so finding or                 information that you wish to make                     places specified in Item IV below. The
                                                (ii) as to which the self-regulatory                    available publicly. All submissions
                                                                                                        should refer to File Number SR–CHX–                     17 17 CFR 200.30–3(a)(12).
                                                  15 See supra note 10.                                 2017–06, and should be submitted on or                  1 15 U.S.C. 78s(b)(1).
                                                  16 See supra note 9.                                  before May 12, 2017.                                    2 17 CFR 240.19b–4.




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Document Created: 2017-04-21 01:18:57
Document Modified: 2017-04-21 01:18:57
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 Citation82 FR 18800 

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