83 FR 63941 - Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend CHX Article 22, Rule 6(a)
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 238 (December 12, 2018)
Federal Register Volume 83, Issue 238 (December 12, 2018)
| Page Range | 63941-63943 | |
| FR Document | 2018-26830 |
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)] [Notices] [Pages 63941-63943] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26830] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-84733; File No. SR-CHX-2018-06] Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend CHX Article 22, Rule 6(a) December 6, 2018. Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that, on November 27, 2018, the Chicago Stock Exchange, Inc. (``CHX'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C.78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend CHX Article 22, Rule 6(a) to remove the requirement that the Exchange file with the Securities and Exchange Commission (the ``Commission'') a Form 19b-4(e) for each ``new derivative securities product'' that will commence trading on the Exchange pursuant to unlisted trading privileges. The proposed rule change is available on the Exchange's website at www.nyse.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 self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to amend CHX Article 22, Rule 6(a) to remove the requirement that the Exchange file with the Commission a Form 19b-4(e) for each ``new derivative securities product'' that will commence trading on the Exchange pursuant to unlisted trading privileges. The Exchange notes that a substantially identical proposed rule change by NYSE National, Inc. (``NYSE National'') was recently approved by the Commission.\4\ --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 83289 (May 17, 2018), 83 FR 23968 (May 23, 2018) (Order Approving File No. SR- NYSENat-2018-02). --------------------------------------------------------------------------- CHX Article 22, Rule 6(a) sets forth the requirement for the Exchange to file with the Commission a Form 19b-4(e) with respect to each ``new derivative securities product'' that is traded pursuant to unlisted trading privileges. However, the Exchange believes that it should not be necessary to file a Form 19b-4(e) with the Commission if it begins trading a ``new derivative securities product'' pursuant to unlisted trading privileges, because Rule 19b-4(e)(1) under the Act refers to the ``listing and trading'' of a ``new derivative securities product.'' The Exchange believes that the requirements of that rule refer to when an exchange lists and trades a ``new derivative securities product'', and not when an exchange seeks only to trade such product pursuant to unlisted trading privileges pursuant to Rule 12f-2 under the Act.\5\ Therefore, the Exchange proposes to delete the requirement in Article 22, Rule 6(a) for the Exchange to file a Form 19b-4(e) with the Commission with respect to each ``new derivative securities product'' it begins trading pursuant to unlisted trading privileges. --------------------------------------------------------------------------- \5\ 17 CFR 240.12f-2. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6(b) \6\ of the Act in general, and furthers the [[Page 63942]] objectives of Section 6(b)(5) of the Act \7\ in particular, in that it is 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. Specifically, eliminating the requirement to file a Form 19b-4(e) for each ``new derivative securities product'' the Exchange begins trading on an unlisted trading privileges basis removes an unnecessary regulatory requirement thereby providing for a more efficient process for adding a ``new derivative securities product'' to trading on the Exchange on an unlisted trading privileges basis. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78f(b). \7\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- As noted above, the Commission recently approved a substantially identical proposed rule change by NYSE National.\8\ In particular, the Commission noted in the approval order that it ``believes that the filing of a Form 19b-4(e) is not required when an Exchange is trading a new derivative securities product on a UTP basis only'' \9\ and also found that the NYSE National's proposed rule change is ``consistent with the requirements of Section 6(b)(5) of the Act.'' \10\ The Nasdaq Stock Market LLC (``Nasdaq''), Nasdaq PHLX LLC (``PHLX''), Nasdaq BX, Inc. (``BX'') and Investors Exchange LLC (``IEX'') also recently amended their rules to remove the requirement to file with the Commission a Form 19b-4(e) for each ``new derivative securities product'' traded on each of those exchanges pursuant to unlisted trading privileges.\11\ --------------------------------------------------------------------------- \8\ See Securities Exchange Act Release No. 83289 (May 17, 2018), 83 FR 23968 (May 23, 2018) (Order Approving File No. SR- NYSENat-2018-02). \9\ See supra note 8 at page 23975 at footnote 149. \10\ See supra note 8 at page 23975-6. \11\ See Securities Exchange Act Release Nos. 84488 (October 25, 2018), 83 FR 54801 (October 31, 2018) (SR-NASDAQ-2018-082); 84542 (November 6, 2018), 83 FR 56385 (November 13, 2018) (SR-Phlx-2018- 67); 84546 (November 7, 2018), 83 FR 56888 (November 14, 2018) (SR- BX-2018-051); and 83609 (July 9, 2018), 83 FR 32704 (July 13, 2018) (SR-IEX-2018-14). --------------------------------------------------------------------------- For these reasons, the Exchange believes the proposed rule change is consistent with the requirements of Section 6(b)(5) of the Act. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, removing the requirement to file a Form 19b-4(e) will serve to enhance competition by providing for the efficient addition of new derivative securities products for trading pursuant to unlisted trading privileges on the Exchange. To the extent that a competitor marketplace believes that the proposed rule change places it at a competitive disadvantage, it may file with the Commission a proposed rule change to adopt the same or similar rule. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; or (iii) become operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\ --------------------------------------------------------------------------- \12\ 15 U.S.C. 78s(b)(3)(A). \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. --------------------------------------------------------------------------- The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Commission notes that CHX's proposal does not present any new or novel issues. Thus, the Commission believes that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest and hereby waives the 30-day operative delay and designates the proposed rule change to be operative upon filing.\14\ --------------------------------------------------------------------------- \14\ For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- 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. 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 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-CHX-2018-06 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-CHX-2018-06. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (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 website 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-CHX-2018-06 and should be submitted on or before January 2, 2019. [[Page 63943]] For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\15\ --------------------------------------------------------------------------- \15\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-26830 Filed 12-11-18; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices 63941
IV. Solicitation of Comments For the Commission, by the Division of on the proposed rule change. The text
Trading and Markets, pursuant to delegated of those statements may be examined at
Interested persons are invited to authority.8 the places specified in Item IV below.
submit written data, views, and Eduardo A. Aleman, The Exchange has prepared summaries,
arguments concerning the foregoing, Assistant Secretary. set forth in sections A, B, and C below,
including whether the proposed rule [FR Doc. 2018–26914 Filed 12–11–18; 8:45 am] of the most significant parts of such
change is consistent with the Act. BILLING CODE 8011–01–P statements.
Comments may be submitted by any of
the following methods: A. Self-Regulatory Organization’s
SECURITIES AND EXCHANGE Statement of the Purpose of, and the
Electronic Comments COMMISSION Statutory Basis for, the Proposed Rule
Change
• Use the Commission’s internet [Release No. 34–84733; File No. SR–CHX–
comment form (http://www.sec.gov/ 2018–06] 1. Purpose
rules/sro.shtml); or
Self-Regulatory Organizations; The purpose of the proposed rule
• Send an email to rule-comments@ Chicago Stock Exchange, Inc.; Notice change is to amend CHX Article 22,
sec.gov. Please include File Number SR– of Filing and Immediate Effectiveness Rule 6(a) to remove the requirement that
NASDAQ–2018–100 on the subject line. of Proposed Rule Change To Amend the Exchange file with the Commission
Paper Comments CHX Article 22, Rule 6(a) a Form 19b–4(e) for each ‘‘new
derivative securities product’’ that will
• Send paper comments in triplicate December 6, 2018. commence trading on the Exchange
to Secretary, Securities and Exchange Pursuant to Section 19(b)(1) 1 of the pursuant to unlisted trading privileges.
Commission, 100 F Street NE, Securities Exchange Act of 1934 The Exchange notes that a substantially
Washington, DC 20549–1090. (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 identical proposed rule change by NYSE
notice is hereby given that, on National, Inc. (‘‘NYSE National’’) was
All submissions should refer to File November 27, 2018, the Chicago Stock recently approved by the Commission.4
Number SR–NASDAQ–2018–100. This Exchange, Inc. (‘‘CHX’’ or ‘‘Exchange’’)
file number should be included on the filed with the Securities and Exchange CHX Article 22, Rule 6(a) sets forth
subject line if email is used. To help the Commission (‘‘Commission’’) the the requirement for the Exchange to file
Commission process and review your proposed rule change as described in with the Commission a Form 19b–4(e)
Items I and II below, which Items have with respect to each ‘‘new derivative
comments more efficiently, please use
been prepared by the self-regulatory securities product’’ that is traded
only one method. The Commission will
organization. The Commission is pursuant to unlisted trading privileges.
post all comments on the Commission’s However, the Exchange believes that it
internet website (http://www.sec.gov/ publishing this notice to solicit
comments on the proposed rule change should not be necessary to file a Form
rules/sro.shtml). Copies of the 19b–4(e) with the Commission if it
submission, all subsequent from interested persons.
begins trading a ‘‘new derivative
amendments, all written statements I. Self-Regulatory Organization’s securities product’’ pursuant to unlisted
with respect to the proposed rule Statement of the Terms of Substance of trading privileges, because Rule 19b–
change that are filed with the the Proposed Rule Change 4(e)(1) under the Act refers to the
Commission, and all written The Exchange proposes to amend ‘‘listing and trading’’ of a ‘‘new
communications relating to the CHX Article 22, Rule 6(a) to remove the derivative securities product.’’ The
proposed rule change between the requirement that the Exchange file with Exchange believes that the requirements
Commission and any person, other than the Securities and Exchange of that rule refer to when an exchange
those that may be withheld from the Commission (the ‘‘Commission’’) a lists and trades a ‘‘new derivative
public in accordance with the Form 19b–4(e) for each ‘‘new derivative securities product’’, and not when an
provisions of 5 U.S.C. 552, will be securities product’’ that will commence exchange seeks only to trade such
available for website viewing and trading on the Exchange pursuant to product pursuant to unlisted trading
printing in the Commission’s Public unlisted trading privileges. The privileges pursuant to Rule 12f–2 under
Reference Room, 100 F Street NE, proposed rule change is available on the the Act.5 Therefore, the Exchange
Washington, DC 20549, on official Exchange’s website at www.nyse.com, at proposes to delete the requirement in
business days between the hours of the principal office of the Exchange, and Article 22, Rule 6(a) for the Exchange to
10:00 a.m. and 3:00 p.m. Copies of the at the Commission’s Public Reference file a Form 19b–4(e) with the
filing also will be available for Room. Commission with respect to each ‘‘new
inspection and copying at the principal derivative securities product’’ it begins
II. Self-Regulatory Organization’s trading pursuant to unlisted trading
office of the Exchange. All comments Statement of the Purpose of, and privileges.
received will be posted without change. Statutory Basis for, the Proposed Rule
Persons submitting comments are Change 2. Statutory Basis
cautioned that we do not redact or edit
In its filing with the Commission, the The Exchange believes that the
personal identifying information from
self-regulatory organization included proposed rule change is consistent with
comment submissions. You should
statements concerning the purpose of,
amozie on DSK3GDR082PROD with NOTICES1
submit only information that you wish the provisions of Section 6(b) 6 of the
and basis for, the proposed rule change Act in general, and furthers the
to make available publicly. All and discussed any comments it received
submissions should refer to File 4 See Securities Exchange Act Release No. 83289
Number SR–NASDAQ–2018–100 and 8 17 CFR 200.30–3(a)(12). (May 17, 2018), 83 FR 23968 (May 23, 2018) (Order
should be submitted on or before 1 15 U.S.C.78s(b)(1). Approving File No. SR–NYSENat–2018–02).
January 2, 2019. 2 15 U.S.C. 78a. 5 17 CFR 240.12f-2.
3 17 CFR 240.19b–4. 6 15 U.S.C. 78f(b).
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![Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices 63943
For the Commission, by the Division of reasons for so finding, or as to which the I. Self-Regulatory Organization’s
Trading and Markets, pursuant to delegated self-regulatory organization consents, Statement of the Terms of Substance of
authority.15 the Commission shall either approve the the Proposed Rule Change
proposed rule change, disapprove the The Exchange proposes to amend
Eduardo A. Aleman, proposed rule change, or institute
Assistant Secretary. GEMX Rule 701, entitled ‘‘Opening,’’
proceedings to determine whether the GEMX Rule 803, entitled ‘‘Obligations
[FR Doc. 2018–26830 Filed 12–11–18; 8:45 am] proposed rule change should be of Market Makers’’ and GEMX Rule 100,
BILLING CODE 8011–01–P disapproved. The 45th day after entitled ‘‘Definitions.’’
publication of the notice for this The text of the proposed rule change
proposed rule change is December 9, is available on the Exchange’s website at
SECURITIES AND EXCHANGE 2018. The Commission is extending this
COMMISSION http://nasdaqgemx.cchwallstreet.com/,
45-day time period. at the principal office of the Exchange,
[Release No. 34–84750; File No. SR- The Commission finds that it is and at the Commission’s Public
CboeBZX–2018–078] appropriate to designate a longer period Reference Room.
within which to take action on the
Self-Regulatory Organizations; Cboe proposal so that it has sufficient time to II. Self-Regulatory Organization’s
BZX Exchange, Inc.; Notice of consider the proposed rule change in Statement of the Purpose of, and
Designation of a Longer Period for Statutory Basis for, the Proposed Rule
light of the recently filed Amendment
Commission Action on a Proposed Change
No. 1. Accordingly, the Commission,
Rule Change To List and Trade Shares
pursuant to Section 19(b)(2) of the Act,5 In its filing with the Commission, the
of the WisdomTree Long-Term
designates January 23, 2019, as the date Exchange included statements
Treasury PutWrite Strategy Fund,
by which the Commission shall either concerning the purpose of and basis for
WisdomTree Corporate Bond PutWrite
approve or disapprove, or institute the proposed rule change and discussed
Strategy Fund, WisdomTree
proceedings to determine whether to any comments it received on the
International PutWrite Strategy Fund,
disapprove, the proposed rule change proposed rule change. The text of these
and WisdomTree Emerging Markets
(File No. SR-CboeBZX–2018–078), as statements may be examined at the
PutWrite Strategy Fund Under Rule
14.11(i), Managed Fund Shares modified by Amendment No. 1. places specified in Item IV below. The
For the Commission, by the Division of Exchange has prepared summaries, set
December 7, 2018. Trading and Markets, pursuant to delegated forth in sections A, B, and C below, of
On October 9, 2018, Cboe BZX authority.6 the most significant aspects of such
Exchange, Inc. (‘‘Exchange’’ or ‘‘BZX’’) Eduardo A. Aleman, statements.
filed with the Securities and Exchange Assistant Secretary.
Commission (‘‘Commission’’), pursuant A. Self-Regulatory Organization’s
[FR Doc. 2018–26912 Filed 12–11–18; 8:45 am] Statement of the Purpose of, and
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule
19b–4 thereunder,2 a proposed rule Change
change to list and trade shares the SECURITIES AND EXCHANGE 1. Purpose
WisdomTree Long-Term Treasury COMMISSION GEMX proposes several amendments
PutWrite Strategy Fund, WisdomTree
in this rule change. First, the Exchange
Corporate Bond PutWrite Strategy Fund,
[Release No. 34–84730; File No. SR–GEMX– proposes to amend GEMX Rule 701,
WisdomTree International PutWrite
Strategy Fund, and WisdomTree
2018–39] entitled ‘‘Opening’’ and GEMX Rule
Emerging Markets PutWrite Strategy 803, entitled ‘‘Obligations of Market
Self-Regulatory Organizations; Nasdaq Makers’’ to correct inconsistencies
Fund, each a series of the WisdomTree GEMX, LLC; Notice of Filing and
Trust, pursuant to BZX Rule 14.11(i), between the Exchange’s rule text and
Immediate Effectiveness of Proposed the operation of the System. Second, the
which governs the listing and trading of Rule Change Relating to Bid/Ask
Managed Fund Shares on the Exchange. Exchange proposes to add definitions to
Differentials GEMX Rule 100 to define ‘‘in-the-
The proposed rule change was
published for comment in the Federal December 6, 2018. money’’ and ‘‘out-of-the-money’’ option
Register on October 25, 2018.3 On series. Third, the Exchange proposes to
Pursuant to Section 19(b)(1) of the correct various cross references to Rule
December 3, 2018, the Exchange filed Securities Exchange Act of 1934
Amendment No. 1 to the proposed rule 100. Each amendment will be described
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 in more detail below.
change. The Commission has received notice is hereby given that on November
no comment letters on the proposed rule 28, 2018, Nasdaq GEMX, LLC (‘‘GEMX’’ Rules 701 and 803
change. or ‘‘Exchange’’) filed with the Securities
Section 19(b)(2) of the Act 4 provides Today, for the Opening Process,
and Exchange Commission GEMX Rule 701(a)(8) defines a ‘‘Valid
that, within 45 days of the publication
(‘‘Commission’’) the proposed rule Width Quote’’ as a two-sided electronic
of notice of the filing of a proposed rule
change as described in Items I and II quotation submitted by a Market Maker
change, or within such longer period up
below, which Items have been prepared that consists of a bid/ask differential
to 90 days as the Commission may
by the Exchange. The Commission is that is compliant with Rule 803(b)(4).3
designate if it finds such longer period
publishing this notice to solicit
amozie on DSK3GDR082PROD with NOTICES1
to be appropriate and publishes its
comments on the proposed rule change 3 GEMX Rule 803(b)(4) provides:
15 17 CFR 200.30–3(a)(12).
from interested persons. ‘‘To price options contracts fairly by, among other
1 15 U.S.C.78s(b)(1).
things, bidding and offering so as to create
5 Id.
differences of no more than $5 between the bid and
2 17 CFR 240.19b–4.
offer following the opening rotation in an equity or
3 See Securities Exchange Act Release No. 84456 6 17 CFR 200.30–3(a)(31). index options contract. Prior to the opening
(October 19, 2018), 83 FR 53928. 1 15 U.S.C. 78s(b)(1). rotation, spread differentials shall be no more than
4 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4. Continued
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Document Created: 2018-12-12 01:40:15
Document Modified: 2018-12-12 01:40:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 83 FR 63941 |
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