82 FR 58032 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To Amend Section 202.06 of the NYSE Listed Company Manual To Prohibit Listed Companies From Issuing Material News After the Official Closing Time for the Exchange's Trading Session Until the Earlier of Publication of Such Company's Official Closing Price on the Exchange or Five Minutes After the Official Closing Time
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 235 (December 8, 2017)
Federal Register Volume 82, Issue 235 (December 8, 2017)
| Page Range | 58032-58034 | |
| FR Document | 2017-26459 |
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)] [Notices] [Pages 58032-58034] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26459] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82213; File No. SR-NYSE-2017-32] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To Amend Section 202.06 of the NYSE Listed Company Manual To Prohibit Listed Companies From Issuing Material News After the Official Closing Time for the Exchange's Trading Session Until the Earlier of Publication of Such Company's Official Closing Price on the Exchange or Five Minutes After the Official Closing Time December 4, 2017. I. Introduction On August 17, 2017, New York Stock Exchange LLC (``NYSE'' or the ``Exchange'') filed with the Securities and Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to amend the NYSE Listed Company Manual (the ``Manual'') to prohibit listed companies from issuing material news after the official closing time for the Exchange's trading session until the earlier of publication of such company's official closing price on the Exchange or five minutes after the official closing time. The proposed rule change was published for comment in the Federal Register on September 5, 2017.\3\ The Commission received one comment letter on the proposed rule change.\4\ On October 20, 2017, the Commission extended the time period within which to approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether to approve or disapprove the proposed rule change to December 4, 2017.\5\ On November 28, 2017, the Exchange filed Amendment No. 1 to the proposed rule change, which replaced and superceded the original filing in its entirety.\6\ This order approves the proposed rule change, as modified by Amendment No. 1. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ See Securities Exchange Act Release No. 81494 (August 29, 2017), 82 FR 42008 (``Notice''). \4\ See letter to Eduardo A. Aleman, Assistant Secretary, Commission from John Dibacco Virtu Financial LLC (``Virtu''), dated September 20, 2017 (``Virtu Letter''). The Virtu Letter expressed support for the proposed rule change. \5\ See Securities Exchange Act Release No. 81914, 82 FR 49690 (October 26, 2017). \6\ In Amendment No. 1, the Exchange amended the proposed rule language to clarify that the proposed restriction on issuing material news will not apply where a listed company was publicly disclosing material information following a non-intentional disclosure in order to comply with Regulation FD. Amendment No. 1 was also submitted as a comment to the rule proposal. See letter to Brent J. Fields, Secretary, Commission from Martha Redding, Associate General Counsel and Assistant Secretary, New York Stock Exchange, dated November 29, 2017 (``Amendment No. 1''). --------------------------------------------------------------------------- II. Description of the Proposed Rule Change, as Modified by Amendment No. 1 Currently, the Exchange's rules for the public release of material information, set forth in Section 202.06 (Procedure for Public Release of Information; Trading Halts) of the Manual, contains an advisory that requests that listed companies that intend to issue material news after the close of trading on the Exchange delay such issuance until the earlier of publication of such company's official closing price or fifteen minutes after the close of trading in order to facilitate an orderly closing auction process. Continuous trading on the Exchange ends at the Exchange's official closing time of 4:00 p.m. Eastern Time, [[Page 58033]] except for certain days on which trading closes early at 1:00 p.m. Eastern Time. After continuous trading ends at the official closing time (generally 4:00 p.m. unless there is a 1:00 p.m. close), the Designated Market Maker (``DMM'') in a security facilitates the close of trading in a closing auction.\7\ The closing auction is a manual process unless the DMM chooses to automate the closing auction.\8\ At the official closing time, the Exchange stops accepting any new orders, including those orders designated for the closing auction and requests to cancel orders. --------------------------------------------------------------------------- \7\ See Section 202.06 of the Manual. A DMM has a responsibility and duty to facilitate the close of trading for each of the securities in which the DMM is registered. See id. at 42009. Up until 4:00 p.m., the Exchange publishes order imbalance information, which includes real-time order imbalance information and information indicating the price at which closing interest may be executed in full and the price at which Exchange Book and closing-only interest may be executed in full. See id. Accordingly, a DMM facilitates a closing auction based on an order imbalance and order information established before 4:00 p.m. See id. \8\ See NYSE Rule 123C, which establishes the Exchange's Closing Procedures, including that closings may be effectuated manually or electronically by the DMM (Supplementary Material .10 to Rule 123C). --------------------------------------------------------------------------- In its proposal, the Exchange stated that because there is trading after 4:00 p.m. Eastern Time on other exchange and non-exchange venues (``away markets''), if a listed company issues material news immediately after 4:00 p.m., but before the closing auction on the Exchange is completed, there can be a significant price difference in nearly contemporaneous trades on away markets and the official closing price on the Exchange.\9\ The Exchange previously had added the advisory text in Section 202.06 of the Manual, noted above, in order to mitigate investor confusion as a result of possible discrepancy between the official closing price on the Exchange and the prices of executions in away markets.\10\ The Exchange stated in its proposal, however, that it has continued to experience situations where material news issued by companies shortly after 4:00 p.m. has caused significant investor confusion.\11\ Specifically, when a listed company releases material news shortly after 4.00 p.m., but before the DMM has been able to complete the Exchange closing auction, the material news release can cause the company's stock to trade on away markets at materially different prices than the price of the NYSE's closing auction.\12\ --------------------------------------------------------------------------- \9\ See Notice, supra note 3, at 42009. \10\ See Securities Exchange Act Release No. 75809 (September 2, 2015), 80 FR 54362 (September 9, 2015). \11\ See Notice, supra note 3, at 42009. \12\ See Id. --------------------------------------------------------------------------- The Exchange has therefore proposed to amend Section 202.06 of the Manual to prohibit listed companies from issuing material news after the official closing time for the Exchange's trading session until the earlier of publication of such company's official closing price on the Exchange or five minutes after the Exchange's official closing time, except when publicly disclosing material information following a non- intentional disclosure in order to comply with Regulation FD under the Act. The Exchange has also proposed to retain the existing advisory text in Section 202.06 of the Manual. Finally, the Exchange proposed to modify its description of the Exchange's trading hours to specify the official closing time is typically 4:00 p.m. Eastern Time, except for certain days on which the official closing time occurs early at 1:00 p.m. Eastern Time.\13\ --------------------------------------------------------------------------- \13\ See proposed Section 202.06 of the Manual. --------------------------------------------------------------------------- III. Discussion and Commission Findings After careful review, the Commission finds that the proposed rule change is consistent with the requirements of the Exchange Act and the rules and regulations thereunder applicable to a national securities exchange.\14\ In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Exchange Act,\15\ which requires, among other things, that the rules of a national securities exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, 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; and are not designed to permit unfair discrimination between customers, issuers, brokers, or dealers. --------------------------------------------------------------------------- \14\ In approving this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). \15\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Commission believes that the proposed amendment is reasonably designed to promote just and equitable principles of trade by ensuring that participants in the closing auction on the Exchange do not have their trades executed at a price that is different from essentially contemporaneous trades being executed on away markets. As is noted above, the price on such away markets can reflect material news that was released after the Exchange's official closing time but before the DMM is able to complete the closing auction. Such an occurance can increase the risk of market disruption and reduce investor confidence in trading on the Exchange given that once the official closing time occurs on the Exchange, orders cannot be cancelled or modified (including orders designated for the closing price) to take into account the material news even though the Exchange closing price may not yet have been established by the closing auction process. According to Section 202.05 (Timely Disclosure of Material News Developments) of the Manual, a listed company is expected to release quickly to the public any news or information which might reasonably be expected to materially affect the market for its securities.\16\ While the Commission recognizes the importance of the requirement in Section 202.05 that listed companies release material news to the public as quickly as possible, the Commission also believes that the maximum five minute delay mandated by the proposal is consistent with investor protection in that it will reduce the likelihood of investor confusion that could result if material news is issued prior to the completion of the Exchange's closing auction but while trading is continuing on away markets. The Exchange has also represented that DMMs are able to complete the closing auctions for the securities assigned to a DMM in almost all cases within five minutes of the Exchange's official closing time, thereby minimizing the possible amount of time delay for a listed company to issue material news after the Exchange's official closing time, consistent with the protection of investors and the public interest.\17\ --------------------------------------------------------------------------- \16\ Section 202.05 of the Manual further states that a listed company should also act promptly to dispel unfounded rumors which result in unusual market activity or price variations. \17\ See Notice, supra note 3, at 42009. --------------------------------------------------------------------------- The Commission further notes that the commenter supported the goals of the proposal stating that they agreed with the Exchange that, in order to prevent investor confusion, the closing price for NYSE listed companies must be consistent with the contemporanious trading prices on other markets and a brief ``coolling off'' period was warranted to enable the DMM to complete the closing auction process.\18\ --------------------------------------------------------------------------- \18\ See Virtu Letter at 2. Additionally, Virtu requested that the Exchange review compliance with Section 202.06 of the Manual to determine whether appropriate actions are being taken to prevent the dissemination of material news during the trading day. The Commission believes that Virtu's request to review Section 202.06 of the Manual is beyond the scope of the proposed rule change. --------------------------------------------------------------------------- The amended proposed rule language, moreover, makes clear that, despite the [[Page 58034]] limited time prohibition in the rule for releasing material information after the Exchange's official closing time, a listed company is never expected to withhold material information if doing so would violate Regulation FD under the Act. The Commisison notes that this exception in the new rule requirement ensures that listed companies will not be prohibited from disclosing material information following a non- intentional disclosure in compliance with Regulation FD, even if the closing auction on the Exchange has not yet been completed. The Commisison believes that this provision is designed to ensure, among other things, that all market participants have equal access to information that is material to trading in the securities of listed companies and therefore finds it is consistent with the protection of investors and the public interest.\19\ Finally, the Commission believes that making clear the official closing time of the Exchange is consistent with investor protection and the public interest in that it reduces potential confusion in determining when the rule applies. --------------------------------------------------------------------------- \19\ The Commission notes that it expects listed companies to comply with their obligations under the federal securities laws, including Regulation FD, notwithstanding provisions in the Exchange rules that require listed companies to provide the Exchange advance notice of material news announcements, such as in Section 202.05 (B) of the Manual. --------------------------------------------------------------------------- Accordingly, for the reasons discussed above, the Commission finds that the proposed rule change, as modified by Amendment No. 1, is consistent with the Exchange Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether this filing, as modified by whether Amendment No. 1, is consistent with the Exchange 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-NYSE-2017-32 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-NYSE-2017-32. 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. 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-NYSE-2017-32 and should be submitted on or before December 29, 2017. V. Accelerated Approval of Proposed Rule Change, as Modified by Amendment No. 1 The Commission finds good cause, pursuant to Section 19(b)(2) of the Exchange Act, to approve the proposed rule change, as modified by Amendment No. 1, prior to the 30th day after the date of publication of Amendment No. 1 in the Federal Register. As discussed above, Amendment No. 1 explicitly makes clear that the proposed restriction on issuing material news will not apply when a listed company is publicly disclosing material information following a non-intentional disclosure in order to comply with Regulation FD.\20\ The Commission believes that this revision provides greater clarity on the application of the proposed amendments to Section 202.06 of the Manual and removes uncertainty as to the new prohibitions in the Exchange rules and a listed company's obligation to make disclosures that would be required under Regulation FD pursuant to the federal securities laws. --------------------------------------------------------------------------- \20\ See supra note 6. --------------------------------------------------------------------------- Accordingly, the Commission finds good cause for approving the proposed rule change, as modified by Amendment No. 1, on an accelerated basis, pursuant to Section 19(b)(2) of the Exchange Act. VI. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Exchange Act,\21\ that the proposed rule change (SR-NYSE-2017-32), as modified by Amendment No. 1, be, and hereby is, approved. --------------------------------------------------------------------------- \21\ 15 U.S.C. 78f(b)(2). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\22\ --------------------------------------------------------------------------- \22\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-26459 Filed 12-7-17; 8:45 am] BILLING CODE 8011-01-P
![58032 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices
Funds to pay redemption proceeds 9. Section 6(c) of the Act permits the of 1934 (‘‘Exchange Act’’) 1 and Rule
within fifteen calendar days following Commission to exempt any persons or 19b–4 thereunder,2 a proposed rule
the tender of Creation Units for transactions from any provision of the change to amend the NYSE Listed
redemption. Applicants assert that the Act if such exemption is necessary or Company Manual (the ‘‘Manual’’) to
requested relief would not be appropriate in the public interest and prohibit listed companies from issuing
inconsistent with the spirit and intent of consistent with the protection of material news after the official closing
section 22(e) to prevent unreasonable, investors and the purposes fairly time for the Exchange’s trading session
undisclosed or unforeseen delays in the intended by the policy and provisions of until the earlier of publication of such
actual payment of redemption proceeds. the Act. Section 12(d)(1)(J) of the Act company’s official closing price on the
7. Applicants request an exemption to provides that the Commission may Exchange or five minutes after the
permit Funds of Funds to acquire Fund exempt any person, security, or official closing time. The proposed rule
shares beyond the limits of section transaction, or any class or classes of change was published for comment in
12(d)(1)(A) of the Act; and the Funds, persons, securities, or transactions, from the Federal Register on September 5,
and any principal underwriter for the any provision of section 12(d)(1) if the 2017.3 The Commission received one
Funds, and/or any broker or dealer exemption is consistent with the public comment letter on the proposed rule
registered under the Exchange Act, to interest and the protection of investors. change.4 On October 20, 2017, the
sell shares to Funds of Funds beyond Section 17(b) of the Act authorizes the Commission extended the time period
the limits of section 12(d)(1)(B) of the Commission to grant an order within which to approve the proposed
Act. The application’s terms and permitting a transaction otherwise rule change, disapprove the proposed
conditions are designed to, among other prohibited by section 17(a) if it finds rule change, or institute proceedings to
things, help prevent any potential (i) that (a) the terms of the proposed determine whether to approve or
undue influence over a Fund through transaction are fair and reasonable and disapprove the proposed rule change to
control or voting power, or in do not involve overreaching on the part December 4, 2017.5 On November 28,
connection with certain services, of any person concerned; (b) the 2017, the Exchange filed Amendment
transactions, and underwritings, (ii) proposed transaction is consistent with No. 1 to the proposed rule change,
excessive layering of fees, and (iii) the policies of each registered which replaced and superceded the
overly complex fund structures, which investment company involved; and (c) original filing in its entirety.6 This order
are the concerns underlying the limits the proposed transaction is consistent approves the proposed rule change, as
in sections 12(d)(1)(A) and (B) of the with the general purposes of the Act. modified by Amendment No. 1.
Act. For the Commission, by the Division of II. Description of the Proposed Rule
8. Applicants request an exemption Investment Management, under delegated Change, as Modified by Amendment
from sections 17(a)(1) and 17(a)(2) of the authority. No. 1
Act to permit persons that are Affiliated Eduardo A. Aleman, Currently, the Exchange’s rules for the
Persons, or Second-Tier Affiliates, of the Assistant Secretary. public release of material information,
Funds, solely by virtue of certain [FR Doc. 2017–26434 Filed 12–7–17; 8:45 am] set forth in Section 202.06 (Procedure
ownership interests, to effectuate BILLING CODE 8011–01–P for Public Release of Information;
purchases and redemptions in-kind. The Trading Halts) of the Manual, contains
deposit procedures for in-kind an advisory that requests that listed
purchases of Creation Units and the SECURITIES AND EXCHANGE companies that intend to issue material
redemption procedures for in-kind COMMISSION news after the close of trading on the
redemptions of Creation Units will be Exchange delay such issuance until the
the same for all purchases and [Release No. 34–82213; File No. SR–NYSE–
2017–32]
earlier of publication of such company’s
redemptions and Deposit Instruments official closing price or fifteen minutes
and Redemption Instruments will be after the close of trading in order to
Self-Regulatory Organizations; New
valued in the same manner as those facilitate an orderly closing auction
York Stock Exchange LLC; Notice of
investment positions currently held by process. Continuous trading on the
Filing of Amendment No. 1 and Order
the Funds. Applicants also seek relief Exchange ends at the Exchange’s official
Granting Accelerated Approval of
from the prohibitions on affiliated closing time of 4:00 p.m. Eastern Time,
Proposed Rule Change, as Modified by
transactions in section 17(a) to permit a
Amendment No. 1 Thereto, To Amend
Fund to sell its shares to and redeem its 1 15 U.S.C. 78s(b)(1).
Section 202.06 of the NYSE Listed
shares from a Fund of Funds, and to 2 17 CFR 240.19b–4.
Company Manual To Prohibit Listed
engage in the accompanying in-kind 3 See Securities Exchange Act Release No. 81494
Companies From Issuing Material (August 29, 2017), 82 FR 42008 (‘‘Notice’’).
transactions with the Fund of Funds.3
News After the Official Closing Time 4 See letter to Eduardo A. Aleman, Assistant
The purchase of Creation Units by a
for the Exchange’s Trading Session Secretary, Commission from John Dibacco Virtu
Fund of Funds directly from a Fund will Financial LLC (‘‘Virtu’’), dated September 20, 2017
Until the Earlier of Publication of Such
be accomplished in accordance with the (‘‘Virtu Letter’’). The Virtu Letter expressed support
Company’s Official Closing Price on for the proposed rule change.
policies of the Fund of Funds and will
the Exchange or Five Minutes After the 5 See Securities Exchange Act Release No. 81914,
be based on the NAVs of the Funds.
Official Closing Time 82 FR 49690 (October 26, 2017).
6 In Amendment No. 1, the Exchange amended
3 The requested relief would apply to direct sales December 4, 2017. the proposed rule language to clarify that the
of shares in Creation Units by a Fund to a Fund of proposed restriction on issuing material news will
sradovich on DSK3GMQ082PROD with NOTICES
Funds and redemptions of those shares. Applicants, I. Introduction not apply where a listed company was publicly
moreover, are not seeking relief from section 17(a) disclosing material information following a non-
for, and the requested relief will not apply to, On August 17, 2017, New York Stock intentional disclosure in order to comply with
transactions where a Fund could be deemed an Exchange LLC (‘‘NYSE’’ or the Regulation FD. Amendment No. 1 was also
Affiliated Person, or a Second-Tier Affiliate, of a ‘‘Exchange’’) filed with the Securities submitted as a comment to the rule proposal. See
Fund of Funds because an Adviser or an entity and Exchange Commission letter to Brent J. Fields, Secretary, Commission from
controlling, controlled by or under common control Martha Redding, Associate General Counsel and
with an Adviser provides investment advisory (‘‘Commission’’), pursuant to Section Assistant Secretary, New York Stock Exchange,
services to that Fund of Funds. 19(b)(1) of the Securities Exchange Act dated November 29, 2017 (‘‘Amendment No. 1’’).
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![58034 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices
limited time prohibition in the rule for subject line if email is used. To help the Accordingly, the Commission finds
releasing material information after the Commission process and review your good cause for approving the proposed
Exchange’s official closing time, a listed comments more efficiently, please use rule change, as modified by Amendment
company is never expected to withhold only one method. The Commission will No. 1, on an accelerated basis, pursuant
material information if doing so would post all comments on the Commission’s to Section 19(b)(2) of the Exchange Act.
violate Regulation FD under the Act. Internet Web site (http://www.sec.gov/
VI. Conclusion
The Commisison notes that this rules/sro.shtml). Copies of the
exception in the new rule requirement submission, all subsequent It is therefore ordered, pursuant to
ensures that listed companies will not amendments, all written statements Section 19(b)(2) of the Exchange Act,21
be prohibited from disclosing material with respect to the proposed rule that the proposed rule change (SR–
information following a non-intentional change that are filed with the NYSE–2017–32), as modified by
disclosure in compliance with Commission, and all written Amendment No. 1, be, and hereby is,
Regulation FD, even if the closing communications relating to the approved.
auction on the Exchange has not yet proposed rule change between the For the Commission, by the Division of
been completed. The Commisison Commission and any person, other than Trading and Markets, pursuant to delegated
believes that this provision is designed those that may be withheld from the authority.22
to ensure, among other things, that all public in accordance with the Eduardo A. Aleman,
market participants have equal access to provisions of 5 U.S.C. 552, will be Assistant Secretary.
information that is material to trading in available for Web site viewing and [FR Doc. 2017–26459 Filed 12–7–17; 8:45 am]
the securities of listed companies and printing in the Commission’s Public BILLING CODE 8011–01–P
therefore finds it is consistent with the Reference Room, 100 F Street NE.,
protection of investors and the public Washington, DC 20549, on official
interest.19 Finally, the Commission business days between the hours of SECURITIES AND EXCHANGE
believes that making clear the official 10:00 a.m. and 3:00 p.m. Copies of the COMMISSION
closing time of the Exchange is filing also will be available for
[Release No. 34–82211; File No. SR–ICC–
consistent with investor protection and inspection and copying at the principal
2017–014]
the public interest in that it reduces office of the Exchange. All comments
potential confusion in determining received will be posted without change. Self-Regulatory Organizations; ICE
when the rule applies. Persons submitting comments are Clear Credit LLC; Notice of Filing and
Accordingly, for the reasons cautioned that we do not redact or edit Immediate Effectiveness of Proposed
discussed above, the Commission finds personal identifying information from Rule Change to the ICC Stress Testing
that the proposed rule change, as comment submissions. You should Framework and the ICC Liquidity Risk
modified by Amendment No. 1, is submit only information that you wish Management Framework
consistent with the Exchange Act. to make available publicly. All
submissions should refer to File December 4, 2017.
IV. Solicitation of Comments
Number SR–NYSE–2017–32 and should Pursuant to Section 19(b)(1) of the
Interested persons are invited to be submitted on or before December 29, Securities Exchange Act of 1934
submit written data, views, and 2017. (‘‘Act’’),1 and Rule 19b–4 thereunder,2
arguments concerning the foregoing, notice is hereby given that on November
including whether this filing, as V. Accelerated Approval of Proposed 27, 2017, ICE Clear Credit LLC (‘‘ICC’’)
modified by whether Amendment No. 1, Rule Change, as Modified by filed with the Securities and Exchange
is consistent with the Exchange Act. Amendment No. 1 Commission (‘‘Commission’’) the
Comments may be submitted by any of The Commission finds good cause, proposed rule change described in Items
the following methods: pursuant to Section 19(b)(2) of the I, II, and III below, which Items have
Electronic Comments Exchange Act, to approve the proposed been primarily prepared by ICC. ICC
rule change, as modified by Amendment filed the proposed rule change pursuant
• Use the Commission’s Internet No. 1, prior to the 30th day after the to Section 19(b)(3)(A) of the Act,3 and
comment form (http://www.sec.gov/ date of publication of Amendment No. Rule 19b–4(f)(3) thereunder,4 so that the
rules/sro.shtml); or 1 in the Federal Register. As discussed proposal was effective upon filing with
• Send an email to rule-comments@ the Commission. The Commission is
above, Amendment No. 1 explicitly
sec.gov. Please include File Number SR– publishing this notice to solicit
makes clear that the proposed
NYSE–2017–32 on the subject line. comments on the proposed rule change
restriction on issuing material news will
Paper Comments not apply when a listed company is from interested persons.
• Send paper comments in triplicate publicly disclosing material information I. Clearing Agency’s Statement of the
to Secretary, Securities and Exchange following a non-intentional disclosure Terms of Substance of the Proposed
Commission, 100 F Street NE., in order to comply with Regulation Rule Change
Washington, DC 20549–1090. FD.20 The Commission believes that this
revision provides greater clarity on the The principal purpose of the
All submissions should refer to File proposed changes is to make clarifying
application of the proposed
Number SR–NYSE–2017–32. This file revisions to the ICC Stress Testing
amendments to Section 202.06 of the
number should be included on the Framework and the ICC Liquidity Stress
Manual and removes uncertainty as to
sradovich on DSK3GMQ082PROD with NOTICES
the new prohibitions in the Exchange Testing Framework.
19 The Commission notes that it expects listed
companies to comply with their obligations under rules and a listed company’s obligation 21 15 U.S.C. 78f(b)(2).
the federal securities laws, including Regulation to make disclosures that would be 22 17 CFR 200.30–3(a)(12).
FD, notwithstanding provisions in the Exchange required under Regulation FD pursuant 1 15 U.S.C. 78s(b)(1).
rules that require listed companies to provide the to the federal securities laws. 2 17 CFR 240.19b–4.
Exchange advance notice of material news
3 15 U.S.C. 78s(b)(3)(A).
announcements, such as in Section 202.05 (B) of the
Manual. 20 See supra note 6. 4 17 CFR 240.19b–4(f)(3).
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Document Created: 2017-12-08 01:43:17
Document Modified: 2017-12-08 01:43:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| FR Citation | 82 FR 58032 |
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