In the Matter of Accesspoint Corp., Aero Performance Products, Inc., Apex Resources Group, Inc., Aradyme Corp., Bancroft Uranium, Inc., Fightersoft Multimedia Corp., Fortress Financial Group, Inc., and Global Aircraft Solutions, Inc.; Order of Suspension of Trading, 67243-67244 [2011-28226]

Download as PDF Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices jlentini on DSK4TPTVN1PROD with NOTICES the rules of a national securities exchange be designed 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. The Commission believes that the Exchange’s proposal will facilitate the clearance and settlement of complex transactions that occur otherwise than on the CHX. Rule 6 sets forth the requirements for Institutional Brokers who utilize CHX’s systems to provide a clearance service for transactions executed otherwise than on the Exchange.25 The filing permits Institutional Brokers to provide a clearing service by entering information with respect to trades that have occurred in multiple venues in Brokerplex for submission to NSCC. Proposed Rule 6(a) requires Institutional Brokers to have an agreement with the Clearing Participant in whose name the entries are made and to file a copy of the agreement with the Exchange, which should ensure Institutional Brokers have the appropriate authorization to act on behalf of a particular Clearing Participant. The Exchange will provide a functionality within Brokerplex to validate that an agreement is in place before an Institutional Broker may submit clearing entries in Brokerplex. CHX requires Clearing Participants to sign a clearing agreement accepting responsibility for non-Exchange transactions submitted to NSCC through an Institutional Broker.26 CHX will distinguish non-CHX trades from CHXtrades in its submissions to NSCC.27 These requirements should increase transparency regarding the clearing service that Institutional Brokers provide for non-exchange trades and should enable the Exchange and other regulators to surveil the clearing activity to ensure that Institutional Brokers and Clearing Participants are acting consistent with the provisions of the rule. In addition, CHX has represented that it will develop an automated system for 25 NASDAQ Rule 7038 permits the use of stepouts by member firms for trades effected otherwise than on NASDAQ. Rule 7042 governs clearing entries for riskless principal transactions. FINRA also permits the use of non-tape, clearing only entries for riskless principal transactions. See e.g., Rule 6282. 26 See Article 21, Rule 4. The Commission expects that CHX will maintain copies of these agreements. 27 See Amendment No. 1, supra note 5. VerDate Mar<15>2010 17:21 Oct 28, 2011 Jkt 226001 the submission of clearing information such that trades for which clearing information has been submitted are locked-in before the clearing information is submitted to NSCC. Locked-in trades eliminate the risk to NSCC that after a clearing entry has been submitted to it, one of the parties to the transaction will disavow the transaction. Further, for submissions pursuant to proposed Rule 6(a), the Institutional Broker must make clearing entries involving substitution of parties within three hours of the execution of the transaction, and provide documentation to the Exchange of a non-Exchange execution no later than the close of business on the day of the trade. These aspects of the rule should assist the Exchange as well as other regulators to more effectively monitor this clearing activity. The Commission urges CHX to continue to review the amount of time Institutional Brokers have to provide clearing information to CHX. Rule 6(b) will permit Institutional Brokers to submit non-tape, clearing only entries for riskless principal transactions. Institutional Brokers must provide the Exchange records to demonstrate that the transactions were riskless principal transactions. The Institutional Broker must make all clearing entries within twenty minutes of the execution of the transaction, or, in the case of multiple transactions, of the last component trade execution, and provide to the Exchange documentation of a non-Exchange trade execution no later than the close of business on the day of the trade. These aspects of the rule should assist the Exchange as well as other regulators in more effectively monitoring clearing activity. Furthermore, the Commission notes that, with respect to either category of submissions of clearing information for trades executed other than on the Exchange, CHX’s proposed rule forbids Participants from using CHX’s clearing submission services to avoid any regulatory trade reporting obligations.28 The Commission understands that CHX will share data regarding its clearing submissions for non-Exchange trades with FINRA in order to assist FINRA in supervising the over-the-counter component of this activity.29 The rule should provide CHX with additional information and documentation regarding the clearing activities of Institutional Brokers and thus enhance CHX’s ability to surveil non-tape, clearing-only entries related to 28 See 29 See PO 00000 proposed Rule 6(a)(2) and 6(b)(2). Amendment No. 1, supra note 5. Frm 00116 Fmt 4703 Sfmt 4703 67243 transactions executed otherwise than on the Exchange. Finally, the rule permits Exchange personnel, under prescribed circumstances, to cancel and/or correct clearing submissions and codifies that Institutional Brokers are responsible for ensuring that all clearing information is complete and accurate for non-tape, clearing-only submissions. The Commission believes that the limitations regarding changes to clearing entries are appropriate, however, the Commission expects CHX to monitor the changes made by Exchange personnel to ensure that they are only making changes that are permitted by the rule and only when they have the appropriate documentation indicating the need for the change to the clearing records. The limitations in the rule should help avoid abuse of the process by Institutional Brokers. The Commission finds good cause to approve the filing, as modified by Amendment No. 1, before the 30th day after the date of publication in the Federal Register, because the changes made in Amendment No. 1 clarify the activity that will be permitted under the rule and add limitations to make the rule more effective. As discussed, NASDAQ provides a similar service for its members. IV. Conclusion It Is Therefore Ordered, pursuant to Section 19(b)(2) of the Act,30 that the proposed rule change (SR–CHX–2011– 17), as amended, be, and hereby is, approved, on an accelerated basis. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.31 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2011–28046 Filed 10–28–11; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [File No. 500–1] In the Matter of Accesspoint Corp., Aero Performance Products, Inc., Apex Resources Group, Inc., Aradyme Corp., Bancroft Uranium, Inc., Fightersoft Multimedia Corp., Fortress Financial Group, Inc., and Global Aircraft Solutions, Inc.; Order of Suspension of Trading October 27, 2011. It appears to the Securities and Exchange Commission that there is a 30 15 31 17 E:\FR\FM\31OCN1.SGM U.S.C. 78s(b)(2). CFR 200.30–3(a)(12). 31OCN1 jlentini on DSK4TPTVN1PROD with NOTICES 67244 Federal Register / Vol. 76, No. 210 / Monday, October 31, 2011 / Notices lack of current and accurate information concerning the securities of Accesspoint Corp. because it has not filed any periodic reports since the period ended September 30, 2005. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Aero Performance Products, Inc. because it has not filed any periodic reports since the period ended March 31, 2009. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Apex Resources Group, Inc. because it has not filed any periodic reports since the period ended March 31, 2008. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Aradyme Corp. because it has not filed any periodic reports since the period ended June 30, 2007. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Bancroft Uranium, Inc. because it has not filed any periodic reports since the period ended September 30, 2008. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Fightersoft Multimedia Corp. because it has not filed any periodic reports since the period ended August 31, 2008. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Fortress Financial Group, Inc. because it has not filed any periodic reports since the period ended September 30, 2005. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Global Aircraft Solutions, Inc. because it has not filed any periodic reports since the period ended September 30, 2008. 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 abovelisted companies is suspended for the period from 9:30 a.m. EDT on October 27, 2011, through 11:59 p.m. EST on November 9, 2011. VerDate Mar<15>2010 17:21 Oct 28, 2011 Jkt 226001 By the Commission. Jill M. Peterson, Assistant Secretary. [FR Doc. 2011–28226 Filed 10–27–11; 11:15 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #12768 and #12769] Puerto Rico Disaster Number PR– 00014 U.S. Small Business Administration. ACTION: Amendment 5. AGENCY: This is an amendment of the Presidential declaration of a major disaster for the Commonwealth of Puerto Rico (FEMA–4017–DR), dated 08/27/2011. Incident: Hurricane Irene. Incident Period: 08/21/2011 through 08/24/2011. Effective Date: 10/24/2011. Physical Loan Application Deadline Date: 11/25/2011. EIDL Loan Application Deadline Date: 05/28/2012. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the President’s major disaster declaration for the Commonwealth of Puerto Rico, dated 08/27/2011 is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to 11/25/2011. All other information in the original declaration remains unchanged. SUMMARY: (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Associate Administrator for Disaster Assistance. [FR Doc. 2011–28147 Filed 10–28–11; 8:45 am] BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #12815 and #12816] Texas Disaster Number TX–00381 U.S. Small Business Administration. ACTION: Amendment 7. AGENCY: PO 00000 Frm 00117 Fmt 4703 This is an amendment of the Presidential declaration of a major disaster for the State of Texas (FEMA– 4029–DR), dated 09/09/2011. Incident: Wildfires. Incident Period: 08/30/2011 and continuing. Effective Date: 10/24/2011. Physical Loan Application Deadline Date: 12/08/2011. EIDL Loan Application Deadline Date: 06/06/2012. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the President’s major disaster declaration for the State of Texas, dated 09/09/2011 is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to 12/08/2011. All other information in the original declaration remains unchanged. SUMMARY: Sfmt 4703 (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Associate Administrator for Disaster Assistance. [FR Doc. 2011–28164 Filed 10–28–11; 8:45 am] BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #12780 and #12781] New Jersey Disaster Number NJ–00023 U.S. Small Business Administration. ACTION: Amendment 4. AGENCY: This is an amendment of the Presidential declaration of a major disaster for the State of New Jersey (FEMA–4021–DR), dated 08/31/2011. Incident: Hurricane Irene. Incident Period: 08/27/2011 through 09/05/2011. DATES: Effective Date: 10/24/2011. Physical Loan Application Deadline Date: 11/30/2011. EIDL Loan Application Deadline Date: 05/31/2012. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, SUMMARY: E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Pages 67243-67244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28226]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]


In the Matter of Accesspoint Corp., Aero Performance Products, 
Inc., Apex Resources Group, Inc., Aradyme Corp., Bancroft Uranium, 
Inc., Fightersoft Multimedia Corp., Fortress Financial Group, Inc., and 
Global Aircraft Solutions, Inc.; Order of Suspension of Trading

 October 27, 2011.
    It appears to the Securities and Exchange Commission that there is 
a

[[Page 67244]]

lack of current and accurate information concerning the securities of 
Accesspoint Corp. because it has not filed any periodic reports since 
the period ended September 30, 2005.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Aero Performance Products, Inc. because it has not filed any periodic 
reports since the period ended March 31, 2009.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Apex Resources Group, Inc. because it has not filed any periodic 
reports since the period ended March 31, 2008.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Aradyme Corp. because it has not filed any periodic reports since the 
period ended June 30, 2007.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Bancroft Uranium, Inc. because it has not filed any periodic reports 
since the period ended September 30, 2008.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Fightersoft Multimedia Corp. because it has not filed any periodic 
reports since the period ended August 31, 2008.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Fortress Financial Group, Inc. because it has not filed any periodic 
reports since the period ended September 30, 2005.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Global Aircraft Solutions, Inc. because it has not filed any periodic 
reports since the period ended September 30, 2008.
    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. EDT on October 27, 2011, through 11:59 
p.m. EST on November 9, 2011.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2011-28226 Filed 10-27-11; 11:15 am]
BILLING CODE 8011-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.