82 FR 23080 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Proposed Rule Change, Security-Based Swap Submission or Advance Notice Relating to Amendments to the ICE Clear Europe Limited Articles of Association
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 96 (May 19, 2017)
Federal Register Volume 82, Issue 96 (May 19, 2017)
| Page Range | 23080-23083 | |
| FR Document | 2017-10129 |
[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)] [Notices] [Pages 23080-23083] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10129] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80674; File No. SR-ICEEU-2017-007] Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Proposed Rule Change, Security-Based Swap Submission or Advance Notice Relating to Amendments to the ICE Clear Europe Limited Articles of Association May 15, 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 May 2, 2017, ICE Clear Europe Limited (``ICE Clear Europe'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule changes described in Items I, II, and III below, which Items have been prepared primarily by ICE Clear Europe. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Clearing Agency's Statement of the Terms of Substance of the Proposed Rule Change, Security-Based Swap Submission, or Advance Notice The principal purpose of the proposed rule change is to modify certain provisions of the ICE Clear Europe Articles of Association. II. Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change, Security-Based Swap Submission or Advance Notice In its filing with the Commission, ICE Clear Europe 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 [[Page 23081]] places specified in Item IV below. ICE Clear Europe has prepared summaries, set forth in sections (A), (B), and (C) below, of the most significant aspects of such statements. (A) Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change, Security-Based Swap Submission or Advance Notice 1. Purpose The purpose of the changes is to make certain amendments to ICE Clear Europe's Articles of Association (the ``Articles''). The amendments are generally intended to update the Articles to reflect the Clearing House's committee structure, to modify certain matters relating to the term of office of directors and to adopt certain new procedures addressing conflicts of interest of directors, as discussed in more detail herein. In article 1,\3\ a cross-reference to relevant parts of UK companies regulations has been updated. In article 3, certain definitions have been updated, including to add definitions for key existing committees: The Audit Committee, Board Risk Committee, Compensation Committee and Nominations Committee. The amendments also update the definition of Risk Committee to refer to product-specific Risk Committees (as distinct from the Board Risk Committee). A reference to the former UK Financial Services Authority has been updated to refer to the Bank of England, consistent with changes in the UK regulatory structure. A definition has also been added for the Senior Independent Director, as discussed below. Certain definitional provisions have also been clarified, including to remove unnecessary references to certain extraordinary resolutions. Article 4 has been updated to provide a cross-reference to regulations referred to in article 1. --------------------------------------------------------------------------- \3\ References herein to the numbering of particular articles will be to the articles as amended. --------------------------------------------------------------------------- Articles 7 and 8 have been revised to remove certain unnecessary distinctions between annual general meetings of members (i.e., shareholders) and extraordinary general meetings of members (given that the clearing house has a single shareholder). A typographical correction is made in article 12. In article 25, the minimum number of directors has been changed from two to six (the maximum of twelve is unchanged, as are the requirements with respect to independent directors). The clearing house currently has ten directors; as a result, this amendment is not expected to affect current operations of the board. Article 26 has been revised to reflect that selection of replacement or additional directors will be made following recommendation by the Nominations Committee. Article 29 provides for the board to appoint one of its independent directors as Senior Independent Director (and to revoke or termination such appointment at its discretion). The Senior Independent Director will serve as the lead independent director appointed in accordance with the UK Corporate Governance Code \4\ as in effect from time to time (to which the clearing house is subject). --------------------------------------------------------------------------- \4\ Financial Reporting Council Limited, UK Corporate Governance Code (April 2016). The code sets out a code of conduct and best practices for governance matters for UK companies. Among other matters, the code states that the board should appoint one of the independent non-executive directors as a senior independent director ``to provide a sounding board for the chairman and to serve as an intermediary for the other directors when necessary.'' The senior independent director should lead meetings of the non-executive directors, at least annually, to evaluate the performance of the Board chairman. --------------------------------------------------------------------------- The amendments make certain changes to the procedures for staggering the retirement or rotation of independent directors. Under revised Articles 31 and 32, at a general meeting to be held each year, the two longest serving independent directors (who are not CDS directors) that have served at least three consecutive years on the board, at the discretion of the Nominations Committee, must retire from office, but may offer themselves for reappointment for a new three year term by the shareholder. An independent director may be so reappointed a maximum of two times for three year terms, unless the clearing house by resolution of its sole shareholder determines otherwise. The provisions for the retirement or rotation of CDS directors are unchanged. The revised retirement procedures do not apply to directors other than independent directors. Various conforming and clarifying changes have been made in article 33, which will provide that a director whose term ends at a general meeting may be reappointed and if not, may retain office until the meeting appoints a replacement (or until the end of the meeting if no replacement is named). In article 34, standards for determining that a director has become incapacitated have been updated. The amendments also reduce from six to three the number of consecutive meetings that a director may miss before being removed on that basis. A new article 37 has been added to state explicitly that the directors will appoint the members of the relevant committees, as is current practice, consistent with the terms of reference for those committees, and that the committees will operate in accordance with such terms of reference. Article 43, which addresses delegation of board powers to committees, has been revised to refer explicitly to the Audit Committee, Board Risk Committee, Nominations Committee and Compensation Committee, and such other committees as the board determines may be required. A new article 48 has been added to require independent directors to disclose to the board all other directorships they hold, both prior to appointment and on an ongoing basis. Additional amendments have been made to the provisions of the Articles relating to conflicts of interest (and potential conflicts of interest) of directors to ensure that there is a clear procedure in place to deal with any such conflicts of interest (and potential conflicts of interest), consistent with the provisions of the UK Companies Act 2006. In article 52, the prohibition on a director participating in or voting on a decision in which he or she has an interest is modified (i) to eliminate a restriction that the interest be material and (ii) to provide additional exceptions where ICE Clear Europe by ordinary resolution of the shareholder disapplies the provision of the Articles that would prevent the director from participating in that decision or where the director's interest cannot reasonably be regarded as likely to give rise to a conflict of interest. A reference to the UK Companies Act 2006 is also corrected, and an unnecessary reference to that act is removed. The amendments also adopt a new article 53, which addresses certain conflicts of interests and potential conflicts of interest of directors that do not arise in relation to a transaction or agreement with ICE Clear Europe (without limiting the obligations of directors under applicable provisions of the UK Companies Act 2006). In the case of such a conflict that arises from the appointment or proposed appointment of a person as a director, the uninterested directors or the shareholder may nonetheless authorize the appointment of the director, and address the relevant situation, on such terms as they determine. In the case of other conflicts, the uninterested directors or the shareholder may choose to permit the relevant situation and the continued performance by the interested director of his or her duties, on such terms as they determine. The interested directors will not be counted in the [[Page 23082]] quorum for, and will not be allowed to vote on, any decision of the directors on such matters. The uninterested directors may act on such matters even if there are insufficient directors to meet the normal quorum and voting requirements. The resolution adopted by the uninterested directors or the shareholder may, for example, permit the interested directors to vote, exclude the interested directors from all information and discussion about the relevant situation, and/or impose additional duties of confidentiality on the interested directors. The authorization of an interested director situation can be withdrawn or modified at any time. The article also contains requirements on directors to provide notice of potential conflicts and specifies certain other procedures and documentation requirements. In article 55, clarifications are made that a director may not retrospectively waive notice of a meeting more than seven days after the meeting is held. The revised article also clarifies that the chair will not have a second or casting vote (in the case of an equally divided vote) if the chair is not otherwise to be counted for quorum or voting purposes (such as because of a conflict of interest). In revised article 60, the requirements for action by written resolution of directors have been clarified to provide that all directors entitled to vote on the matter (rather than all directors entitled to receive notice of a board meeting) must consent to the action. The recordkeeping requirements in article 63 have been revised to provide that the company must keep a written record of all unanimous or majority decisions of the directors for at least 10 years. Article 69 has been revised to refer to a special rather than extraordinary resolution. Certain other non-substantive corrections and clarifications have been made in the Articles. For example, various references to persons throughout the Articles have been revised to be gender-neutral. Various articles have also been renumbered in light of the changes discussed above, and related cross-references have been updated. 2. Statutory Basis ICE Clear Europe believes that the changes described herein are consistent with the requirements of Section 17A of the Act \5\ and the regulations thereunder applicable to it, and in particular are consistent with the prompt and accurate clearance and settlement of securities transactions and, to the extent applicable, derivative agreements, contracts and transactions, the safeguarding of securities and funds in the custody or control of ICE Clear Europe or for which it is responsible and the protection of investors and the public interest, within the meaning of Section 17A(b)(3)(F) of the Act.\6\ As discussed above, the changes are intended to clarify and update certain aspects of ICE Clear Europe's Articles, particularly around the committee structure, retirement and rotation of independent directors and conflicts of interest of directors. In ICE Clear Europe's view, these amendments will enhance the clearing house's overall governance framework, and thus facilitate the efficient operation of the clearing house and the prompt and accurate clearance and settlement of transactions and the public interest, within the meaning of the Act. For these reasons, the amendments will also promote governance arrangements that are clear and transparent to fulfill the public interests requirements in Section 17A of the Act applicable to clearing agencies, support the objectives of owners and participants and promote the effectiveness of the clearing agency's risk management procedures, within the meaning of Rule 17Ad-22(d)(8). Furthermore, the amendments will support governance arrangements that fulfill the requirements of Rule 17Ad-22(e)(2), including that the directors have appropriate experience and skills to discharge their duties and responsibilities, and that the governance arrangements specify clear and direct lines of responsibility. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78q-1. \6\ 15 U.S.C. 78q-1(b)(3)(F). --------------------------------------------------------------------------- (B) Clearing Agency's Statement on Burden on Competition ICE Clear Europe does not believe the proposed changes to the rules would have any impact, or impose any burden, on competition not necessary or appropriate in furtherance of the purpose of the Act. The amendments relate to ICE Clear Europe's internal governance structure relating to the board of directors and similar matters. ICE Clear Europe does not believe that these changes will impose any additional costs on Clearing Members or other market participants. ICE Clear Europe further does not believe that the amendments will adversely affect access to clearing by Clearing Members or their customers or otherwise adversely affect Clearing Members or market participants or the market for clearing services generally. (C) Clearing Agency's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments relating to the proposed changes to the rules have not been solicited or received. ICE Clear Europe will notify the Commission of any written comments received by ICE Clear Europe. III. Date of Effectiveness of the Proposed Rule Change, Security-Based Swap Submission and Advance Notice 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 up to 90 days (i) as the Commission may designate 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. The proposal shall not take effect until all regulatory actions required with respect to the proposal are completed. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, security-based swap submission or advance notice is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or Send an email to [email protected]. Please include File Number SR-ICEEU-2017-007 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-ICEEU-2017-007. 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 [[Page 23083]] amendments, all written statements with respect to the proposed rule change, security-based swap submission or advance notice that are filed with the Commission, and all written communications relating to the proposed rule change, security-based swap submission or advance notice between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filings will also be available for inspection and copying at the principal office of ICE Clear Europe and on ICE Clear Europe's Web site at https://www.theice.com/clear-europe/regulation#rule-filings. 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-ICEEU-2017-007 and should be submitted on or before June 9, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\7\ --------------------------------------------------------------------------- \7\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-10129 Filed 5-18-17; 8:45 am] BILLING CODE 8011-01-P
![23080 Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Notices
C. Self-Regulatory Organization’s At any time within 60 days of the identifying information from
Statement on Comments on the filing of such proposed rule change, the submissions. You should submit only
Proposed Rule Change Received From Commission summarily may information that you wish to make
Members, Participants, or Others temporarily suspend such rule change if available publicly. All submissions
No written comments were either it appears to the Commission that such should refer to File Number SR–CHX–
action is necessary or appropriate in the 2017–09, and should be submitted on or
solicited or received.
public interest, for the protection of before June 9, 2017.
III. Date of Effectiveness of the investors, or otherwise in furtherance of For the Commission, by the Division of
Proposed Rule Change and Timing for the purposes of the Act. If the Trading and Markets, pursuant to delegated
Commission Action Commission takes such action, the authority.20
Because the foregoing proposed rule Commission shall institute proceedings Eduardo A. Aleman,
change does not (i) significantly affect to determine whether the proposed rule Assistant Secretary.
the protection of investors or the public change should be approved or [FR Doc. 2017–10128 Filed 5–18–17; 8:45 am]
interest; (ii) impose any significant disapproved.
BILLING CODE 8011–01–P
burden on competition; and (iii) become IV. Solicitation of Comments
operative for 30 days from the date on Interested persons are invited to
which it was filed, or such shorter time SECURITIES AND EXCHANGE
submit written data, views, and
as the Commission may designate, it has COMMISSION
arguments concerning the foregoing,
become effective pursuant to Section including whether the proposed rule [Release No. 34–80674; File No. SR–ICEEU–
19(b)(3)(A)(iii) of the Act 16 and change is consistent with the Act. 2017–007]
subparagraph (f)(6) of Rule 19b–4 Comments may be submitted by any of
thereunder.17 the following methods: Self-Regulatory Organizations; ICE
A proposed rule change filed under Clear Europe Limited; Notice of
Rule 19b–4(f)(6) normally does not Electronic Comments Proposed Rule Change, Security-
become operative for 30 days after the • Use the Commission’s Internet Based Swap Submission or Advance
date of its filing. However, Rule 19b– comment form (http://www.sec.gov/ Notice Relating to Amendments to the
4(f)(6)(iii) 18 permits the Commission to rules/sro.shtml); or ICE Clear Europe Limited Articles of
designate a shorter time if such action • Send an email to rule-comments@ Association
is consistent with the protection of sec.gov. Please include File Number SR–
May 15, 2017
investors and the public interest. The CHX–2017–09 on the subject line.
Exchange has requested that the Pursuant to Section 19(b)(1) of the
Paper Comments Securities Exchange Act of 1934
Commission waive the 30-day operative
delay so that the proposed rule change • Send paper comments in triplicate (‘‘Act’’),1 and Rule 19b–4 thereunder,2
will become operative on May 15, 2017. to Secretary, Securities and Exchange notice is hereby given that on May 2,
The Exchange stated that the proposed Commission, 100 F Street NE., 2017, ICE Clear Europe Limited (‘‘ICE
rule change is consistent with the Washington, DC 20549–1090. Clear Europe’’) filed with the Securities
protection of investors and the public All submissions should refer to File and Exchange Commission
interest by immediately eliminating the Number SR–CHX–2017–09. This file (‘‘Commission’’) the proposed rule
administrative burden of enforcing an number should be included on the changes described in Items I, II, and III
outdated rule and by facilitating subject line if email is used. To help the below, which Items have been prepared
compliance with CHX Rules by current Commission process and review your primarily by ICE Clear Europe. The
and new Participants that are already comments more efficiently, please use Commission is publishing this notice to
accustomed to the mandatory trade and only one method. The Commission will solicit comments on the proposed rule
clearing anonymity rules and practices post all comments on the Commission’s change from interested persons.
of other exchanges. Waiver of the Internet Web site (http://www.sec.gov/ I. Clearing Agency’s Statement of the
operative delay would allow the rules/sro.shtml). Copies of the Terms of Substance of the Proposed
Exchange, without delay, to make its submission, all subsequent Rule Change, Security-Based Swap
trade and clearing anonymity rules amendments, all written statements Submission, or Advance Notice
consistent with the rules and practices with respect to the proposed rule The principal purpose of the
of other exchanges. The Commission change that are filed with the proposed rule change is to modify
believes that waiver of the 30-day Commission, and all written certain provisions of the ICE Clear
operative delay is consistent with the communications relating to the Europe Articles of Association.
protection of investors and the public proposed rule change between the
interest as it will permit CHX to Commission and any person, other than II. Clearing Agency’s Statement of the
harmonize its trade and clearing rules those that may be withheld from the Purpose of, and Statutory Basis for, the
with those of the other exchanges public in accordance with the Proposed Rule Change, Security-Based
without delay. Therefore, the provisions of 5 U.S.C. 552, will be Swap Submission or Advance Notice
Commission designates the proposed available for Web site viewing and In its filing with the Commission, ICE
rule change to be operative on May 15, printing in the Commission’s Public Clear Europe included statements
Reference Room, 100 F Street NE.,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
2017.19 concerning the purpose of and basis for
Washington, DC 20549 on official the proposed rule change and discussed
16 15 U.S.C. 78s(b)(3)(A)(iii). business days between the hours of any comments it received on the
17 17 CFR 240.19b–4(f)(6). 10:00 a.m. and 3:00 p.m. Copies of the proposed rule change. The text of these
18 17 CFR 240.19b–4(f)(6)(iii).
filing also will be available for statements may be examined at the
19 For purposes only of waiving the 30-day
inspection and copying at the principal
operative delay, the Commission also has
considered the proposed rule’s impact on
office of the Exchange. All comments 20 17 CFR 200.30–3(a)(12).
efficiency, competition, and capital formation. See received will be posted without change; 1 15 U.S.C. 78s(b)(1).
15 U.S.C. 78c(f). the Commission does not edit personal 2 17 CFR 240.19b–4.
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![Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Notices 23083
amendments, all written statements which Items have been prepared by the NASDAQ PHLX LLC, The NASDAQ
with respect to the proposed rule Exchange. The Commission is Stock Market LLC, New York Stock
change, security-based swap submission publishing this notice to solicit Exchange LLC, NYSE MKT LLC, NYSE
or advance notice that are filed with the comments on the proposed rule change Arca, Inc. and NYSE National, Inc.5
Commission, and all written from interested persons. (collectively, the ‘‘Participants’’) filed
communications relating to the with the Commission, pursuant to
proposed rule change, security-based I. Self-Regulatory Organization’s Section 11A of the Exchange Act 6 and
swap submission or advance notice Statement of the Terms of Substance of Rule 608 of Regulation NMS
between the Commission and any the Proposed Rule Change thereunder,7 the CAT NMS Plan.8 The
person, other than those that may be The Exchange is filing a proposal to Participants filed the Plan to comply
withheld from the public in accordance amend the MIAX PEARL Fee Schedule with Rule 613 of Regulation NMS under
with the provisions of 5 U.S.C. 552, will (the ‘‘Fee Schedule’’) to adopt a fee the Exchange Act. The Plan was
be available for Web site viewing and schedule to establish the fees for published for comment in the Federal
printing in the Commission’s Public Industry Members related to the Register on May 17, 2016,9 and
Reference Room, 100 F Street NE., National Market System Plan Governing approved by the Commission, as
Washington, DC 20549, on official the Consolidated Audit Trail (the ‘‘CAT modified, on November 15, 2016.10 The
business days between the hours of NMS Plan’’ or ‘‘Plan’’).3 Plan is designed to create, implement
10:00 a.m. and 3:00 p.m. Copies of such The text of the proposed rule change and maintain a consolidated audit trail
filings will also be available for is available on the Exchange’s Web site (‘‘CAT’’) that would capture customer
inspection and copying at the principal at http://www.miaxoptions.com/rule- and order event information for orders
office of ICE Clear Europe and on ICE filings/pearl, at MIAX’s principal office, in NMS Securities and OTC Equity
Clear Europe’s Web site at https:// and at the Commission’s Public Securities, across all markets, from the
www.theice.com/clear-europe/ Reference Room. time of order inception through routing,
regulation#rule-filings. cancellation, modification, or execution
All comments received will be posted II. Self-Regulatory Organization’s
in a single consolidated data source.
without change; the Commission does Statement of the Purpose of, and The Plan accomplishes this by creating
not edit personal identifying Statutory Basis for, the Proposed Rule CAT NMS, LLC (the ‘‘Company’’), of
information from submissions. You Change which each Participant is a member, to
should submit only information that In its filing with the Commission, the operate the CAT.11 Under the CAT NMS
you wish to make available publicly. All Exchange included statements Plan, the Operating Committee of the
submissions should refer to File concerning the purpose of and basis for Company (‘‘Operating Committee’’) has
Number SR–ICEEU–2017–007 and the proposed rule change and discussed discretion to establish funding for the
should be submitted on or before June any comments it received on the Company to operate the CAT, including
9, 2017. proposed rule change. The text of these establishing fees that the Participants
For the Commission, by the Division of statements may be examined at the will pay, and establishing fees for
Trading and Markets, pursuant to delegated places specified in Item IV below. The Industry Members that will be
authority.7 Exchange has prepared summaries, set implemented by the Participants (‘‘CAT
Eduardo A. Aleman, forth in sections A, B, and C below, of Fees’’).12 The Participants are required
Assistant Secretary. the most significant aspects of such to file with the SEC under Section 19(b)
[FR Doc. 2017–10129 Filed 5–18–17; 8:45 am] statements. of the Exchange Act any such CAT Fees
applicable to Industry Members that the
BILLING CODE 8011–01–P A. Self-Regulatory Organization’s Operating Committee approves.13
Statement of the Purpose of, and the Accordingly, the Exchange submits this
Statutory Basis for, the Proposed Rule fee filing to propose the Consolidated
SECURITIES AND EXCHANGE Change
COMMISSION Audit Trail Funding Fees, which will
1. Purpose require Industry Members that are
[Release No. 34–80676; File No. SR–
PEARL–2017–20] Bats BYX Exchange, Inc., Bats BZX
No. 80326 (Mar. 29, 2017), 82 FR 16460 (Apr. 4,
Exchange, Inc., Bats EDGA Exchange, 2017); and Securities Exchange Act Rel. No. 80325
Self-Regulatory Organizations; MIAX Inc., Bats EDGX Exchange, Inc., BOX (Mar. 29, 2017), 82 FR 16445 (Apr. 4, 2017).
PEARL, LLC; Notice of Filing and Options Exchange LLC, C2 Options 5 National Stock Exchange, Inc. has been renamed
Immediate Effectiveness of a Proposed Exchange, Incorporated, Chicago Board NYSE National, Inc. See Securities Exchange Act
Rule Change To Amend the Fee Rel. No. 79902 (Jan. 30, 2017), 82 FR 9258 (Feb. 3,
Options Exchange, Incorporated, 2017).
Schedule Chicago Stock Exchange, Inc., Financial 6 15 U.S.C. 78k–1.
May 15, 2017.
Industry Regulatory Authority, Inc. 7 17 CFR 242.608.
(‘‘FINRA’’), Investors’ Exchange LLC, 8 See Letter from the Participants to Brent J.
Pursuant to the provisions of Section Fields, Secretary, Commission, dated September 30,
Miami International Securities
19(b)(1) of the Securities Exchange Act 2014; and Letter from Participants to Brent J. Fields,
Exchange, LLC, MIAX PEARL, LLC,
of 1934 (‘‘Act’’ or ‘‘Exchange Act’’),1 and Secretary, Commission, dated February 27, 2015.
NASDAQ BX, Inc., Nasdaq GEMX, LLC, On December 24, 2015, the Participants submitted
Rule 19b–4 thereunder,2 notice is
Nasdaq ISE, LLC, Nasdaq MRX, LLC,4 an amendment to the CAT NMS Plan. See Letter
hereby given that on May 1, 2017, MIAX from Participants to Brent J. Fields, Secretary,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
PEARL, LLC (‘‘MIAX PEARL’’ or 3 Unless otherwise specified, capitalized terms Commission, dated December 23, 2015.
‘‘Exchange’’) filed with the Securities used in this fee filing are defined as set forth herein,
9 Securities Exchange Act Rel. No. 77724 (Apr.
and Exchange Commission the CAT Compliance Rule Series or in the CAT 27, 2016), 81 FR 30614 (May 17, 2016).
10 Securities Exchange Act Rel. No. 79318 (Nov.
(‘‘Commission’’) a proposed rule change NMS Plan.
4 ISE Gemini, LLC, ISE Mercury, LLC and 15, 2016), 81 FR 84696 (Nov. 23, 2016) (‘‘Approval
as described in Items I, II, and III below, Order’’).
International Securities Exchange, LLC have been
11 The Plan also serves as the limited liability
renamed Nasdaq GEMX, LLC, Nasdaq MRX, LLC,
7 17 CFR 200.30–3(a)(12). company agreement for the Company.
and Nasdaq ISE, LLC, respectively. See Securities
1 15 U.S.C. 78s(b)(1). 12 Section 11.1(b) of the CAT NMS Plan.
Exchange Act Rel. No. 80248 (Mar. 15, 2017), 82 FR
2 17 CFR 240.19b–4. 14547 (Mar. 21, 2017); Securities Exchange Act Rel. 13 Id.
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Document Created: 2018-11-08 08:48:03
Document Modified: 2018-11-08 08:48:03
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