82 FR 49877 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Its Amended and Restated Certificate of Incorporation

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 207 (October 27, 2017)

Page Range		49877-49879
FR Document		2017-23377
Federal Register, Volume 82 Issue 207 (Friday, October 27, 2017)
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49877-49879]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23377]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81924; File No. SR-BatsBZX-2017-69]


Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Relating 
to Its Amended and Restated Certificate of Incorporation

October 23, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on October 13, 2017, Bats BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. 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

    The Exchange seeks to amend its Amended and Restated Certificate of 
Incorporation. The text of the proposed rule change is provided below.

(additions are italicized; deletions are [bracketed])
* * * * *

Amended and Restated Certificate of Incorporation of Bats BZX Exchange, 
Inc.

    The name of the corporation is Bats BZX Exchange, Inc. The 
corporation filed its original Certificate of Incorporation with the 
Secretary of State of the State of Delaware on November 1, 2007 under 
the name BATS Exchange, Inc. This Amended and Restated Certificate of 
Incorporation of the corporation, which restates and integrates and 
also further amends the provisions of the corporation's Certificate of 
Incorporation, was duly adopted in accordance with the provisions of 
Sections 242 and 245 of the General Corporation Law of the State of 
Delaware and by the written consent of its sole stockholder in 
accordance with Section 228 of the General Corporation Law of the State 
of Delaware. The [Amended and Restated]Certificate of Incorporation of 
the corporation is hereby amended, integrated and restated to read in 
its entirety as follows:
* * * * *
    The text of the proposed rule change is available at the Exchange's 
Web site at www.bats.com, at the principal office of the Exchange, and 
at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
Sections A, B, and C below, of the most significant parts of such 
statements.

(A) Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    BZX recently amended its Certificate of Incorporation in connection 
with a corporate transaction (the ``Transaction'') involving, among 
other things, the recent acquisition of BZX, along with Bats BZY 
Exchange, Inc. (``Bats BYX''), Bats EDGX Exchange, Inc. (``Bats 
EDGX''), and Bats EDGA Exchange, Inc. (``Bats EDGA'' and, together with 
Bats BYX, Bats EDGX, and Bats BZX, the ``Bats Exchanges'') by CBOE 
Holdings, Inc. (``CBOE Holdings''). CBOE Holdings is also the parent of 
Chicago Board Options Exchange, Incorporated (``CBOE'') and C2 Options 
Exchange, Incorporated (``C2''). Particularly, the filing proposed, 
among other things, to amend and restate the certificate of 
incorporation of the Exchange based on certificates of

[[Page 49878]]

incorporation of CBOE and C2.\3\ The Exchange notes that in conforming 
the Exchange's Certificate to the certificates of CBOE and C2, it 
inadvertently (1) did not comply with a provision of Delaware law and 
(ii) referred to an inaccurate version of the Certificate in the 
introductory paragraph. The Exchange seeks to correct those errors.
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    \3\ See Securities Exchange Act Release No. 81497 (August 30, 
2017), 82 FR 42181 (September 6, 2017) (SR-BatsBZX-2017-55).
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    Particularly, Section 245(c) of the Delaware General Corporation 
Law (DGCL) requires that a restated certificate of incorporation 
``shall state, either in its heading or in an introductory paragraph, 
the corporation's present name, and, if it has been changed, the name 
under which it was originally incorporated, and the date of filing of 
its original certificate of incorporation with the secretary of 
state.'' The Exchange notes that the conformed Certificate did not 
reference the name under which the corporation was originally 
incorporated (i.e., ``BATS Exchange, Inc.''). In order to comply with 
Section 245(c) of the DGCL, the Exchange proposes to amend its 
Certificate to add a reference to its original name.
    The Exchange also notes that the last sentence of the introductory 
paragraph which provides that the current certificate is ``amended, 
integrated and restated to read in its entirety as follows:'' 
mistakenly references the new title of the amended Certificate (i.e., 
``Amended and Restated Certificate of Incorporation'') instead of the 
title of the then current (and now previous) Certificate (``Certificate 
of Incorporation''). As such, the Exchange proposes to eliminate the 
new title reference ``Amended and Restated'' from that sentence to 
accurately reflect the correct version of the Certificate that was 
amended and restated.
    The Exchange notes that the proposed changes are concerned solely 
with the administration of the Exchange and do not affect the meaning, 
administration, or enforcement of any rules of the Exchange or the 
rights, obligations, or privileges of Exchange members or their 
associated persons is [sic] any way.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\4\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \5\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \6\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ Id.
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    In particular, the Exchange believes correcting inadvertent non-
substantive, technical errors in its Certificate in order to comply 
with Delaware law and reflect the correct and accurate version of the 
Certificate that was amended will avoid potential confusion, thereby 
removing impediments to, and perfecting the mechanism for a free and 
open market and a national market system, and, in general, protecting 
investors and the public interest of market participants. As noted 
above, the proposed changes do not affect the meaning, administration, 
or enforcement of any rules of the Exchange or the rights, obligations, 
or privileges of Exchange members or their associated persons is any 
way.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe the proposed rule change will impose 
any burden on competition not necessary or appropriate in furtherance 
of the purposes of the Act. Rather, the proposed rule change is merely 
attempting to correct inadvertent technical errors in the Exchange's 
introductory paragraph of its Certificate. The proposed rule change has 
no impact on competition.

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

    The Exchange neither solicited nor received comments on the 
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \7\ and paragraph (f) of Rule 19b-4 \8\ 
thereunder. At any time within 60 days of the filing of the proposed 
rule change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BatsBZX-2017-69 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-BatsBZX-2017-69. 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

[[Page 49879]]

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. Persons submitting comments are cautioned that we do 
not redact or edit personal identifying information from comment 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-
BatsBZX-2017-69 and should be submitted on or before November 17, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23377 Filed 10-26-17; 8:45 am]
BILLING CODE 8011-01-P
Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices 49877

RAILROAD RETIREMENT BOARD dollar). The new minimum penalty Inc. This Amended and Restated
under the False Claims Act is $10,957 Certificate of Incorporation of the
Civil Monetary Penalty Inflation (the 2016 minimum penalty of $10,781 corporation, which restates and
Adjustment multiplied by 1.01636, rounded to the integrates and also further amends the
AGENCY: Railroad Retirement Board. nearest dollar), and the new maximum provisions of the corporation’s
penalty is $21,916 (the 2016 maximum Certificate of Incorporation, was duly
ACTION: Notice announcing updated
penalty of $21,563 multiplied by adopted in accordance with the
penalty inflation adjustments for civil
1.01636, rounded to the nearest dollar). provisions of Sections 242 and 245 of
monetary penalties for 2017.
The adjustments in penalties will be the General Corporation Law of the
SUMMARY: As required by Section 701 of effective October 27, 2017. State of Delaware and by the written
the Bipartisan Budget Act of 2015, By Authority of the Board. consent of its sole stockholder in
entitled the Federal Civil Penalties Martha P. Rico, accordance with Section 228 of the
Inflation Adjustment Act Improvements Secretary to the Board.
General Corporation Law of the State of
Act of 2015, the Railroad Retirement Delaware. The [Amended and
[FR Doc. 2017–23351 Filed 10–26–17; 8:45 am]
Board (Board) hereby publishes its 2017 Restated]Certificate of Incorporation of
BILLING CODE 7905–01–P
annual adjustment of civil penalties for the corporation is hereby amended,
inflation. integrated and restated to read in its
FOR FURTHER INFORMATION CONTACT: entirety as follows:
SECURITIES AND EXCHANGE
Marguerite P. Dadabo, Assistant General * * * * *
COMMISSION
Counsel, Railroad Retirement Board, The text of the proposed rule change
844 North Rush Street, Chicago, IL [Release No. 34–81924; File No. SR– is available at the Exchange’s Web site
60611–2092, (312) 751–4945, TTD (312) BatsBZX–2017–69] at www.bats.com, at the principal office
751–4701. of the Exchange, and at the
Self-Regulatory Organizations; Bats
SUPPLEMENTARY INFORMATION: Section Commission’s Public Reference Room.
BYX Exchange, Inc.; Notice of Filing
701 of the Bipartisan Budget Act of
and Immediate Effectiveness of a II. Self-Regulatory Organization’s
2015, Public Law 114–74 (Nov. 2, 2015),
Proposed Rule Change Relating to Its Statement of the Purpose of, and
entitled the Federal Civil Penalties
Amended and Restated Certificate of Statutory Basis for, the Proposed Rule
Inflation Adjustment Act Improvements
Incorporation Change
Act of 2015 (the 2015 Act), amended the
Federal Civil Penalties Inflation October 23, 2017. In its filing with the Commission, the
Adjustment Act of 1990 (28 U.S.C. 2461 Pursuant to Section 19(b)(1) of the Exchange included statements
note) (Inflation Adjustment Act) to Securities Exchange Act of 1934 (the concerning the purpose of and basis for
require agencies to publish regulations ‘‘Act’’),1 and Rule 19b–4 thereunder,2 the proposed rule change and discussed
adjusting the amount of civil monetary notice is hereby given that on October any comments it received on the
penalties provided by law within the 13, 2017, Bats BZX Exchange, Inc. (the proposed rule change. The text of these
jurisdiction of the agency not later than ‘‘Exchange’’ or ‘‘BZX’’) filed with the statements may be examined at the
July 1, 2016, and annual adjustments Securities and Exchange Commission places specified in Item IV below. The
thereafter. The Board published an (‘‘Commission’’) the proposed rule Exchange has prepared summaries, set
interim final rule in the Federal change as described in Items I, II and III forth in Sections A, B, and C below, of
Register in accordance with this below, which Items have been prepared the most significant parts of such
requirement on May 2, 2016 (see 81 FR by the Exchange. The Commission is statements.
26127). publishing this notice to solicit
For the 2017 annual adjustment for (A) Self-Regulatory Organization’s
comments on the proposed rule change
inflation of the maximum civil penalty Statement of the Purpose of, and
from interested persons.
under the Program Fraud Civil Statutory Basis for, the Proposed Rule
Remedies Act of 1986, the Board applies I. Self-Regulatory Organization’s Change
the formula provided by the 2015 Act Statement of the Terms of Substance of
1. Purpose
and the Board’s interim final rule of the Proposed Rule Change
May 2, 2016. In accordance with the The Exchange seeks to amend its BZX recently amended its Certificate
2015 Act, the amount of the adjustment Amended and Restated Certificate of of Incorporation in connection with a
is based on the percent increase Incorporation. The text of the proposed corporate transaction (the
between the CPI–U for the month of rule change is provided below. ‘‘Transaction’’) involving, among other
October preceding the date of the (additions are italicized; deletions are things, the recent acquisition of BZX,
adjustment and the CPI–U for the [bracketed]) along with Bats BZY Exchange, Inc.
October one year prior to the October (‘‘Bats BYX’’), Bats EDGX Exchange, Inc.
* * * * *
immediately preceding the date of the (‘‘Bats EDGX’’), and Bats EDGA
adjustment. If there is no increase, there Amended and Restated Certificate of Exchange, Inc. (‘‘Bats EDGA’’ and,
is no adjustment of civil penalties. The Incorporation of Bats BZX Exchange, together with Bats BYX, Bats EDGX, and
percent increase between the CPI–U for Inc. Bats BZX, the ‘‘Bats Exchanges’’) by
CBOE Holdings, Inc. (‘‘CBOE
asabaliauskas on DSKBBXCHB2PROD with NOTICES

October 2016 and October 2015, as The name of the corporation is Bats
provided by Office of Management and BZX Exchange, Inc. The corporation Holdings’’). CBOE Holdings is also the
Budget Memorandum M–17–11 filed its original Certificate of parent of Chicago Board Options
(December 16, 2016) is 1.01636 percent. Incorporation with the Secretary of State Exchange, Incorporated (‘‘CBOE’’) and
Therefore, the new maximum penalty of the State of Delaware on November 1, C2 Options Exchange, Incorporated
under the Program Fraud Civil 2007 under the name BATS Exchange, (‘‘C2’’). Particularly, the filing proposed,
Remedies Act is $10,957 (the 2016 among other things, to amend and
maximum penalty of $10,781 multiplied 1 15 U.S.C. 78s(b)(1). restate the certificate of incorporation of
by 1.01636, rounded to the nearest 2 17 CFR 240.19b–4. the Exchange based on certificates of

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49878 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices

incorporation of CBOE and C2.3 The change is consistent with the Section III. Date of Effectiveness of the
Exchange notes that in conforming the 6(b)(5) 5 requirements that the rules of Proposed Rule Change and Timing for
Exchange’s Certificate to the certificates an exchange be designed to prevent Commission Action
of CBOE and C2, it inadvertently (1) did fraudulent and manipulative acts and The foregoing rule change has become
not comply with a provision of practices, to promote just and equitable effective pursuant to Section 19(b)(3)(A)
Delaware law and (ii) referred to an principles of trade, to foster cooperation of the Act 7 and paragraph (f) of Rule
inaccurate version of the Certificate in and coordination with persons engaged 19b–4 8 thereunder. At any time within
the introductory paragraph. The in regulating, clearing, settling, 60 days of the filing of the proposed rule
Exchange seeks to correct those errors. processing information with respect to, change, the Commission summarily may
Particularly, Section 245(c) of the and facilitating transactions in temporarily suspend such rule change if
Delaware General Corporation Law securities, to remove impediments to it appears to the Commission that such
(DGCL) requires that a restated action is necessary or appropriate in the
and perfect the mechanism of a free and
certificate of incorporation ‘‘shall state, public interest, for the protection of
open market and a national market
either in its heading or in an investors, or otherwise in furtherance of
introductory paragraph, the system, and, in general, to protect
investors and the public interest. the purposes of the Act. If the
corporation’s present name, and, if it Commission takes such action, the
has been changed, the name under Additionally, the Exchange believes the
Commission will institute proceedings
which it was originally incorporated, proposed rule change is consistent with
to determine whether the proposed rule
and the date of filing of its original the Section 6(b)(5) 6 requirement that
change should be approved or
certificate of incorporation with the the rules of an exchange not be designed disapproved.
secretary of state.’’ The Exchange notes to permit unfair discrimination between
that the conformed Certificate did not customers, issuers, brokers, or dealers. IV. Solicitation of Comments
reference the name under which the In particular, the Exchange believes Interested persons are invited to
corporation was originally incorporated correcting inadvertent non-substantive, submit written data, views, and
(i.e., ‘‘BATS Exchange, Inc.’’). In order technical errors in its Certificate in arguments concerning the foregoing,
to comply with Section 245(c) of the order to comply with Delaware law and including whether the proposed rule
DGCL, the Exchange proposes to amend reflect the correct and accurate version change is consistent with the Act.
its Certificate to add a reference to its of the Certificate that was amended will Comments may be submitted by any of
original name. the following methods:
avoid potential confusion, thereby
The Exchange also notes that the last Electronic Comments
removing impediments to, and
sentence of the introductory paragraph
perfecting the mechanism for a free and • Use the Commission’s Internet
which provides that the current
certificate is ‘‘amended, integrated and open market and a national market comment form (http://www.sec.gov/
restated to read in its entirety as system, and, in general, protecting rules/sro.shtml); or
follows:’’ mistakenly references the new investors and the public interest of • Send an email to rule-comments@
title of the amended Certificate (i.e., market participants. As noted above, the sec.gov. Please include File Number SR–
‘‘Amended and Restated Certificate of proposed changes do not affect the BatsBZX–2017–69 on the subject line.
Incorporation’’) instead of the title of the meaning, administration, or Paper Comments
then current (and now previous) enforcement of any rules of the
Exchange or the rights, obligations, or • Send paper comments in triplicate
Certificate (‘‘Certificate of to Brent J. Fields, Secretary, Securities
Incorporation’’). As such, the Exchange privileges of Exchange members or their
and Exchange Commission, 100 F Street
proposes to eliminate the new title associated persons is any way.
NE., Washington, DC 20549–1090.
reference ‘‘Amended and Restated’’
(B) Self-Regulatory Organization’s All submissions should refer to File
from that sentence to accurately reflect
Statement on Burden on Competition Number SR–BatsBZX–2017–69. This file
the correct version of the Certificate that
number should be included on the
was amended and restated. The Exchange does not believe the subject line if email is used. To help the
The Exchange notes that the proposed proposed rule change will impose any Commission process and review your
changes are concerned solely with the burden on competition not necessary or comments more efficiently, please use
administration of the Exchange and do appropriate in furtherance of the only one method. The Commission will
not affect the meaning, administration,
purposes of the Act. Rather, the post all comments on the Commission’s
or enforcement of any rules of the
proposed rule change is merely Internet Web site (http://www.sec.gov/
Exchange or the rights, obligations, or
attempting to correct inadvertent rules/sro.shtml). Copies of the
privileges of Exchange members or their
technical errors in the Exchange’s submission, all subsequent
associated persons is [sic] any way.
introductory paragraph of its Certificate. amendments, all written statements
2. Statutory Basis The proposed rule change has no impact with respect to the proposed rule
The Exchange believes the proposed on competition. change that are filed with the
rule change is consistent with the Commission, and all written
(C) Self-Regulatory Organization’s communications relating to the
Securities Exchange Act of 1934 (the
Statement on Comments on the proposed rule change between the
‘‘Act’’) and the rules and regulations
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Proposed Rule Change Received From Commission and any person, other than
thereunder applicable to the Exchange
Members, Participants or Others those that may be withheld from the
and, in particular, the requirements of
Section 6(b) of the Act.4 Specifically, public in accordance with the
The Exchange neither solicited nor provisions of 5 U.S.C. 552, will be
the Exchange believes the proposed rule received comments on the proposed available for Web site viewing and
3 See Securities Exchange Act Release No. 81497
rule change. printing in the Commission’s Public
(August 30, 2017), 82 FR 42181 (September 6, 2017)
5 15 U.S.C. 78f(b)(5).
(SR–BatsBZX–2017–55). 7 15 U.S.C. 78s(b)(3)(A).
4 15 U.S.C. 78f(b). 6 Id. 8 17 CFR 240.19b–4(f).

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Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices 49879

Reference Room, 100 F Street NE., the principal office of the Exchange, and • References to ‘‘NASDAQ Options
Washington, DC 20549, on official at the Commission’s Public Reference Market LLC’’ will be replaced with
business days between the hours of Room. ‘‘The Nasdaq Options Market LLC’’
10:00 a.m. and 3:00 p.m. Copies of the • References to ‘‘NASDAQ Execution
II. Self-Regulatory Organization’s Services, LLC’’ will be changed to
filing also will be available for
Statement of the Purpose of, and ‘‘Nasdaq Execution Services, LLC’’
inspection and copying at the principal
Statutory Basis for, the Proposed Rule
office of the Exchange. All comments • In all instances where the word
received will be posted without change. Change
‘‘the’’ should have been capitalized,
Persons submitting comments are In its filing with the Commission, the (e.g., Rule 4758(b)(1)), the Exchange will
cautioned that we do not redact or edit Exchange included statements make the appropriate correction.
personal identifying information from concerning the purpose of and basis for No other changes are being proposed
comment submissions. You should the proposed rule change and discussed in this filing. The Exchange represents
submit only information that you wish any comments it received on the that these changes are concerned solely
to make available publicly. All proposed rule change. The text of these with the administration of the Exchange
submissions should refer to File statements may be examined at the and do not affect the meaning,
Number SR–BatsBZX–2017–69 and places specified in Item IV below. The administration, or enforcement of any
should be submitted on or before Exchange has prepared summaries, set rules of the Exchange or the rights,
November 17, 2017. forth in sections A, B, and C below, of obligations, or privileges of Exchange
For the Commission, by the Division of the most significant aspects of such members or their associated persons in
Trading and Markets, pursuant to delegated statements. any way. Accordingly, this filing is
authority.9 being submitted under Rule 19b–4(f)(3).
A. Self-Regulatory Organization’s
Eduardo A. Aleman, In lieu of providing a copy of the
Statement of the Purpose of, and
Assistant Secretary. marked changes, the Exchange
Statutory Basis for, the Proposed Rule
[FR Doc. 2017–23377 Filed 10–26–17; 8:45 am]
represents that it will make the
Change
BILLING CODE 8011–01–P
necessary non-substantive revisions to
1. Purpose the Certificate of Formation, Second
The purpose of this filing is to reflect Amended Limited Liability Company
SECURITIES AND EXCHANGE in the Exchange’s governing documents Agreement, By-Laws, the Rulebook and
COMMISSION (and the governing documents of its post updated versions of each on the
parent company) 3 and the Exchange’s Exchange’s Web site pursuant to Rule
[Release No. 34–81917; File No. SR– 19b–4(m)(2).
NASDAQ–2017–111] Rulebook a non-substantive corporate
The Exchange notes that the following
branding change to the Exchange’s
Self-Regulatory Organizations; The references are not being amended in the
name.4 Specifically, current references
NASDAQ Stock Market LLC; Notice of Exchange’s governing documents and
will be changed as follows:
the Exchange’s Rulebook:
Filing and Immediate Effectiveness of • References to ‘‘NASDAQ’’ will be • Any name with a trademark (TM) or
Proposed Rule Change Relating to the changed to ‘‘Nasdaq’’ service mark (SM) attached to the name.
Exchange’s Name Change • References to ‘‘The NASDAQ Stock • Any references in the Certificate of
Market LLC’’ or ‘‘NASDAQ Stock Formation or Second Amended Limited
October 23, 2017.
Market LLC’’ will be changed to ‘‘The Liability Company Agreement which
Pursuant to Section 19(b)(1) of the
Nasdaq Stock Market LLC’’ references [sic] a prior name of the
Securities Exchange Act of 1934
• References to ‘‘NASDAQ PHLX LLC’’ Exchange and reflects [sic] a historical
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
or ‘‘NASDAQ PHLX’’ will be changed date wherein that name was in effect.
notice is hereby given that on October
to ‘‘Nasdaq PHLX LLC’’ or ‘‘Nasdaq
18, 2017, The NASDAQ Stock Market 2. Statutory Basis
PHLX’’
LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed • References to ‘‘NASDAQ BX, Inc.’’ or
with the Securities and Exchange The Exchange believes that its
‘‘NASDAQ BX’’ will be changed to proposal is consistent with Section 6(b)
Commission (‘‘SEC’’ or ‘‘Commission’’) ‘‘Nasdaq BX, Inc.’’ or ‘‘Nasdaq BX’’
the proposed rule change as described of the Act,7 in general, and furthers the
• References to ‘‘NASDAQ OMX PSX’’ objectives of Section 6(b)(5) of the Act,8
in Items I, II, and III below, which Items or ‘‘NASDAQ PSX’’ will be changed
have been prepared by the Exchange. in particular, in that it is designed to
to ‘‘Nasdaq PSX’’ promote just and equitable principles of
The Commission is publishing this • References to ‘‘The NASDAQ OMX
notice to solicit comments on the trade, to remove impediments to and
Group, Inc.’’ or ‘‘NASDAQ OMX perfect the mechanism of a free and
proposed rule change from interested Group, Inc.’’ will be changed to
persons. open market and a national market
‘‘Nasdaq, Inc’’ 5 system, and, in general to protect
I. Self-Regulatory Organization’s • In addition to the preceding investors and the public interest by
Statement of the Terms of Substance of changes, all references to ‘‘OMX’’ will avoiding confusion with the name. The
the Proposed Rule Change be removed from the Rulebook.6 Exchange proposes to conform its name
The Exchange proposes to amend its to that of its parent, Nasdaq Inc., by
3 The Exchange proposes to amend: (i) The
rules as well as certain corporate changing the capitalization in the word
Certificate of Formation; (ii) Second Amended
asabaliauskas on DSKBBXCHB2PROD with NOTICES

documents of the Exchange to reflect Limited Liability Company Agreement; (iii) By- ‘‘NASDAQ’’ to ‘‘Nasdaq.’’ The Exchange
legal name changes. Laws; and (iv) Rule Book. also proposes to amend the names of
The text of the proposed rule change 4 NASDAQ PHLX LLC and NASDAQ BX, Inc. will affiliated markets in a similar manner,
is available on the Exchange’s Web site also be filing similar rule changes. by changing the name ‘‘NASDAQ’’ to
5 See Securities Exchange Act Release No. 75421
at http://nasdaq.cchwallstreet.com, at ‘‘Nasdaq.’’ The name change of the
(July 10, 2015), 80 FR 42136 (July 16, 2015) (SR–
BSECC–2015–001, SR–BX–2015–030, SR– Exchange as well as other name changes
9 17 CFR 200.30–3(a)(12). NASDAQ–2015–058, SR–Phlx–2015–46, SR–SCCP–
1 15 U.S.C. 78s(b)(1). 2015–01). 7 15 U.S.C. 78f(b).
2 17 CFR 240.19b–4. 6 Id. 8 15 U.S.C. 78f(b)(5).

VerDate Sep<11>2014 17:54 Oct 26, 2017 Jkt 244001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1
Document Created: 2017-10-27 02:06:27
Document Modified: 2017-10-27 02:06:27
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 49877