Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Approving a Proposed Rule Change To Amend Exchange Rule 4.21 Relating to Third Party Deposits, 5874 [E9-2160]
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Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices
Securities and Exchange Commission,
C/O Shirley Martinson, 6432 General
Green Way, Alexandria, Virginia 22312;
or send an e-mail to:
PRA_Mailbox@sec.gov.
SECURITIES AND EXCHANGE
COMMISSION
Dated: January 27, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–2119 Filed 1–30–09; 8:45 am]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Order Approving a
Proposed Rule Change To Amend
Exchange Rule 4.21 Relating to Third
Party Deposits
BILLING CODE 8011–01–P
January 27, 2009.
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
In the Matter of: Leading Edge
Packaging, Inc., Leadingside, Inc.,
Lecstar Corp., and Legal Club of
America, Inc.; Order of Suspension of
Trading
dwashington3 on PROD1PC60 with NOTICES
January 29, 2009.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Leading
Edge Packaging, Inc. because it has not
filed any periodic reports since the
period ended December 31, 1999.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of
Leadingside, Inc. because it has not filed
any periodic reports since the period
ended September 30, 2000.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Lecstar
Corp. because it has not filed any
periodic reports since the period ended
September 30, 2002.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Legal Club
of America, Inc. because it has not filed
any periodic reports since the period
ended March 31, 2004.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
companies.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading in the
securities of the above-listed companies
is suspended for the period from 9:30
a.m. EST on January 29, 2009, through
11:59 p.m. EST on February 11, 2009.
By the Commission.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–2211 Filed 1–29–09; 11:15 am]
BILLING CODE 8011–01–P
VerDate Nov<24>2008
15:03 Jan 30, 2009
Jkt 217001
[Release No. 34–59300; File No. SR–CBOE–
2008–117]
I. Introduction
On December 2, 2008, the Chicago
Board Options Exchange, Incorporated
(‘‘CBOE’’ or the ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (the ‘‘Act’’) 1 and
Rule 19b–4 thereunder,2 a proposed rule
change to amend Exchange Rule 4.21
relating to third party deposits. The
proposed rule change was published for
comment in the Federal Register on
December 23, 2008.3 The Commission
received no comments on the proposal.
This order approves the proposed rule
change.
II. Description of the Proposal
Under current CBOE Rule 4.21,
member organizations engaged in the
business of clearing and carrying the
accounts of options market makers
(‘‘Clearing Firms’’) are prohibited (with
certain exceptions) from accepting a
check or funds transfer if the name on
the account from which the funds are
drawn is different (i.e., is from a ‘‘third
party’’) from the name on the account
cleared or carried by the Clearing Firm.
CBOE proposes to amend the rule to
permit Clearing Firms to accept for
deposit to a broker-dealer account
checks and funds transfers that: (i)
Constitute an award or settlement paid
as the result of the resolution of
litigation or arbitration which arose in
connection with the broker-dealer’s
securities or futures business; (ii) are
drawn on an account of the government
of the United States; or (iii) are drawn
on the account of another broker-dealer
for satisfaction of the resolution of
transaction disputes.4 The Exchange
also proposes to clarify that documents
evidencing that a deposit qualifies for
acceptance under Rule 4.21, as well as
1 15
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 59104
(December 15, 2008), 73 FR 78862 (the ‘‘Notice’’).
4 The Exchange also notes that Clearing Firms, as
a matter of business judgment, may still refuse to
accept checks and/or funds transfers from third
parties. See id. at 78863.
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
documents authorizing transfers
between two accounts under Rule 4.21,
must be retained by the Clearing Firm.
The Exchange believes that the
proposed exceptions do not present any
of the concerns or business risks to the
Clearing Firm that the rule was
originally intended to address.5
III. Discussion and Commission
Findings
After careful review, the Commission
finds that the proposed rule change is
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to a national
securities exchange.6 In particular, the
Commission finds that the proposal is
consistent with Section 6(b)(5) of the
Act,7 which requires that an exchange
have rules designed 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.
The Commission believes that
permitting Clearing Firms to accept for
deposit these specific types of checks
and fund transfers should streamline
inter-member dealings without exposing
Clearing Firms to the types of risks that
the rule was designed to mitigate.
Further, the proposed amendments to
Interpretation and Policy .06 to Rule
4.21 are designed to ensure that Clearing
Firms retain supporting documentation
to evidence compliance with the rule.
Accordingly, the Commission finds the
proposed amendments to Rule 4.21 to
be consistent with the Act.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,8 that the
proposed rule change (SR–CBOE–2008–
117) be, and hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–2160 Filed 1–30–09; 8:45 am]
BILLING CODE 8011–01–P
5 See
id.
approving this proposed rule change, the
Commission notes that it has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
7 15 U.S.C. 78f(b)(5).
8 15 U.S.C. 78s(b)(2).
9 17 CFR 200.30–3(a)(12).
6 In
E:\FR\FM\02FEN1.SGM
02FEN1
Agencies
[Federal Register Volume 74, Number 20 (Monday, February 2, 2009)]
[Notices]
[Page 5874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2160]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59300; File No. SR-CBOE-2008-117]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Approving a Proposed Rule Change To Amend Exchange
Rule 4.21 Relating to Third Party Deposits
January 27, 2009.
I. Introduction
On December 2, 2008, the Chicago Board Options Exchange,
Incorporated (``CBOE'' or the ``Exchange'') filed with the Securities
and Exchange Commission (``Commission''), pursuant to Section 19(b)(1)
of the Securities Exchange Act of 1934 (the ``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend Exchange Rule 4.21
relating to third party deposits. The proposed rule change was
published for comment in the Federal Register on December 23, 2008.\3\
The Commission received no comments on the proposal. This order
approves the proposed rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 59104 (December 15,
2008), 73 FR 78862 (the ``Notice'').
---------------------------------------------------------------------------
II. Description of the Proposal
Under current CBOE Rule 4.21, member organizations engaged in the
business of clearing and carrying the accounts of options market makers
(``Clearing Firms'') are prohibited (with certain exceptions) from
accepting a check or funds transfer if the name on the account from
which the funds are drawn is different (i.e., is from a ``third
party'') from the name on the account cleared or carried by the
Clearing Firm.
CBOE proposes to amend the rule to permit Clearing Firms to accept
for deposit to a broker-dealer account checks and funds transfers that:
(i) Constitute an award or settlement paid as the result of the
resolution of litigation or arbitration which arose in connection with
the broker-dealer's securities or futures business; (ii) are drawn on
an account of the government of the United States; or (iii) are drawn
on the account of another broker-dealer for satisfaction of the
resolution of transaction disputes.\4\ The Exchange also proposes to
clarify that documents evidencing that a deposit qualifies for
acceptance under Rule 4.21, as well as documents authorizing transfers
between two accounts under Rule 4.21, must be retained by the Clearing
Firm. The Exchange believes that the proposed exceptions do not present
any of the concerns or business risks to the Clearing Firm that the
rule was originally intended to address.\5\
---------------------------------------------------------------------------
\4\ The Exchange also notes that Clearing Firms, as a matter of
business judgment, may still refuse to accept checks and/or funds
transfers from third parties. See id. at 78863.
\5\ See id.
---------------------------------------------------------------------------
III. Discussion and Commission Findings
After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\6\
In particular, the Commission finds that the proposal is consistent
with Section 6(b)(5) of the Act,\7\ which requires that an exchange
have rules designed 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.
---------------------------------------------------------------------------
\6\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Commission believes that permitting Clearing Firms to accept
for deposit these specific types of checks and fund transfers should
streamline inter-member dealings without exposing Clearing Firms to the
types of risks that the rule was designed to mitigate. Further, the
proposed amendments to Interpretation and Policy .06 to Rule 4.21 are
designed to ensure that Clearing Firms retain supporting documentation
to evidence compliance with the rule. Accordingly, the Commission finds
the proposed amendments to Rule 4.21 to be consistent with the Act.
IV. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (SR-CBOE-2008-117) be, and hereby
is, approved.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------
\9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-2160 Filed 1-30-09; 8:45 am]
BILLING CODE 8011-01-P