Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Offer Members and Member Organizations the Ability To Pay a Regulatory Fine Pursuant to an Installment Plan, 61460-61461 [2012-24741]
Download as PDF
61460
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–BX–
2012–062, and should be submitted on
or before October 30, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–24742 Filed 10–5–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67966; File No. SR–Phlx–
2012–117]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Offer
Members and Member Organizations
the Ability To Pay a Regulatory Fine
Pursuant to an Installment Plan
October 2, 2012.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 26, 2012, NASDAQ OMX
PHLX LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II, 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.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes a rule change
to offer members and member
organizations the ability to pay a
regulatory fine pursuant to an
installment plan, under certain
conditions. The text of the proposed
rule change is available at https://
nasdaqomxphlx.cchwallstreet.com/
nasdaqomxphlx/phlx, [sic] at the
Exchange’s principal office, 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 aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Phlx is proposing to amend Rule 52
governing ‘‘Fees, Dues and Other
Charges’’ to offer members and member
organizations the ability to pay a
regulatory fine pursuant to an
installment plan, under certain
conditions. In order for a member or
member organization to be eligible to
pay a regulatory fine via an installment
plan, the fine under the applicable offer
of settlement3 must be $50,000 or more.
A fine of less than $50,000 is not
eligible for the installment plan. When
submitting its offer of settlement, the
member or member organization must
check the installment plan option on the
election of payment form included with
the offer of settlement. A sample
election of payment form and offer of
settlement are included in Exhibit 3 4 to
this proposed rule change. A down
payment of twenty-five percent (25%) or
more of the total fine must be submitted
with the signed offer of settlement.
After receipt of the offer of settlement
and down payment, an installment
package, including a promissory note
and payment schedule, will be mailed
to the member or member organization.
A sample promissory note and payment
schedule are included in Exhibit 3 to
this proposed rule change. The member
or member organization must then
submit an executed (signed and
notarized) promissory note for the
unpaid balance of the fine, along with
its first installment payment. The term
of the installment plan may not exceed
four years after the execution of the offer
of settlement. The member or member
organization may elect monthly or
quarterly payments.
2. Statutory Basis
Phlx believes that the proposed rule
change is consistent with the provisions
of Section 6 of the Act,5 in general, and
3 See
Phlx Rule 960.7.
Commission notes that Exhibit 3 is an
exhibit to the proposed rule change, not to this
Notice.
5 15 U.S.C. 78f.
4 The
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
VerDate Mar<15>2010
15:28 Oct 05, 2012
Jkt 229001
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Fmt 4703
Sfmt 4703
with Section 6(b)(5) of the Act,6 in
particular, in that the proposal is
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. In addition, Phlx
believes that the proposed rule change
is consistent with the provisions of
Section 6(b)(6) and 6(b)(7) of the Act,7
which require an exchange to provide
fair procedures for the disciplining of
members and persons associated with
members. Specifically, Phlx believes
that the proposal will promote the
settlement of disciplinary cases by
allowing members and member
organizations to make installment
payments. Phlx believes that settlement
is a beneficial method of disciplining
members and member organizations
because it imposes meaningful
sanctions on the member while avoiding
the cost and uncertainty of a protracted
disciplinary proceeding. Phlx further
believes that affording members and
member organizations with the
opportunity to pay a regulatory fine over
a period of time may allow Phlx to
impose higher fines in appropriate
circumstances and diminish the risk
that sanctioned members or member
organizations will fail to pay.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will result in
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
6 15
7 15
E:\FR\FM\09OCN1.SGM
U.S.C. 78f(b)(5).
U.S.C. 78f(b)(6) and (b)(7).
09OCN1
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices
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 Act8 and
subparagraph (f)(6) of Rule 19b–4
thereunder.9
A proposed rule change filed under
Rule 19b–4(f)(6)10 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),11 the
Commission may designate a shorter
time if such action is consistent with the
protection of investors and the public
interest. The Exchange has asked the
Commission to waive the 30-day
operative delay so that Phlx may offer
members that are contemplating the
execution of an offer of settlement the
option of entering into an installment
arrangement as soon as possible. The
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest as it will provide
members the option of paying large
fines in installments. Therefore, the
Commission hereby waives the 30-day
operative delay and designates the
proposed rule change to be operative
upon filing with the Commission.12
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 Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
8 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change at least five business days
prior to the date of the filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
10 17 CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6)(iii).
12 For the purposes of waiving the operative delay
for this proposal, the Commission has considered
the proposed rule’s impact on efficiency,
competition, and capital formation. See 15 U.S.C.
78c(f).
wreier-aviles on DSK5TPTVN1PROD with NOTICES
9 17
VerDate Mar<15>2010
15:28 Oct 05, 2012
Jkt 229001
• Send an email to rulecomments@sec.gov. Please include File
Number SR–Phlx–2012–117 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–Phlx–2012–117. 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 (https://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 on official business
days between the hours of 10:00 a.m.
and 3:00 p.m. Copies of such filing also
will be available for inspection and
copying at the principal offices of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–Phlx–
2012–117, and should be submitted on
or before October 30, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–24741 Filed 10–5–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67964; File No. SR–ICC–
2012–15]
Self-Regulatory Organizations; ICE
Clear Credit LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Schedule 502
of the ICC Rules for the September 20,
2012 and September 27, 2012
Scheduled Index Series Listings
October 2, 2012.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder 2
notice is hereby given that on
September 24, 2012, ICE Clear Credit
LLC (‘‘ICC’’) 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
primarily by ICC. ICC filed the proposed
rule change pursuant to Section
19(b)(3)(A) 3 of the Act and Rule 19b–
4(f)(4)(i) 4 thereunder, so the rule change
was effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested parties.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The purpose of proposed rule change
is to update Schedule 502 of the ICC
Rules in order to be consistent with the
scheduled index series listings
occurring on September 20, 2012 and
September 27, 2012.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, ICC
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. ICC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(4)(i).
2 17
13 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00084
Fmt 4703
Sfmt 4703
61461
E:\FR\FM\09OCN1.SGM
09OCN1
Agencies
[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Pages 61460-61461]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24741]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-67966; File No. SR-Phlx-2012-117]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Offer
Members and Member Organizations the Ability To Pay a Regulatory Fine
Pursuant to an Installment Plan
October 2, 2012.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 26, 2012, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II, 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange proposes a rule change to offer members and member
organizations the ability to pay a regulatory fine pursuant to an
installment plan, under certain conditions. The text of the proposed
rule change is available at https://nasdaqomxphlx.cchwallstreet.com/nasdaqomxphlx/phlx, [sic] at the Exchange's principal office, 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 aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
Phlx is proposing to amend Rule 52 governing ``Fees, Dues and Other
Charges'' to offer members and member organizations the ability to pay
a regulatory fine pursuant to an installment plan, under certain
conditions. In order for a member or member organization to be eligible
to pay a regulatory fine via an installment plan, the fine under the
applicable offer of settlement\3\ must be $50,000 or more. A fine of
less than $50,000 is not eligible for the installment plan. When
submitting its offer of settlement, the member or member organization
must check the installment plan option on the election of payment form
included with the offer of settlement. A sample election of payment
form and offer of settlement are included in Exhibit 3 \4\ to this
proposed rule change. A down payment of twenty-five percent (25%) or
more of the total fine must be submitted with the signed offer of
settlement.
---------------------------------------------------------------------------
\3\ See Phlx Rule 960.7.
\4\ The Commission notes that Exhibit 3 is an exhibit to the
proposed rule change, not to this Notice.
---------------------------------------------------------------------------
After receipt of the offer of settlement and down payment, an
installment package, including a promissory note and payment schedule,
will be mailed to the member or member organization. A sample
promissory note and payment schedule are included in Exhibit 3 to this
proposed rule change. The member or member organization must then
submit an executed (signed and notarized) promissory note for the
unpaid balance of the fine, along with its first installment payment.
The term of the installment plan may not exceed four years after the
execution of the offer of settlement. The member or member organization
may elect monthly or quarterly payments.
2. Statutory Basis
Phlx believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\5\ in general, and with Section
6(b)(5) of the Act,\6\ in particular, in that the proposal is 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. In addition, Phlx believes
that the proposed rule change is consistent with the provisions of
Section 6(b)(6) and 6(b)(7) of the Act,\7\\\ which require an exchange
to provide fair procedures for the disciplining of members and persons
associated with members. Specifically, Phlx believes that the proposal
will promote the settlement of disciplinary cases by allowing members
and member organizations to make installment payments. Phlx believes
that settlement is a beneficial method of disciplining members and
member organizations because it imposes meaningful sanctions on the
member while avoiding the cost and uncertainty of a protracted
disciplinary proceeding. Phlx further believes that affording members
and member organizations with the opportunity to pay a regulatory fine
over a period of time may allow Phlx to impose higher fines in
appropriate circumstances and diminish the risk that sanctioned members
or member organizations will fail to pay.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f.
\6\ 15 U.S.C. 78f(b)(5).
\7\ 15 U.S.C. 78f(b)(6) and (b)(7).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on
[[Page 61461]]
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\8\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\9\
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of the filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6)\10\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\11\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that Phlx may
offer members that are contemplating the execution of an offer of
settlement the option of entering into an installment arrangement as
soon as possible. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest as it will provide members the option of paying large
fines in installments. Therefore, the Commission hereby waives the 30-
day operative delay and designates the proposed rule change to be
operative upon filing with the Commission.\12\
---------------------------------------------------------------------------
\10\ 17 CFR 240.19b-4(f)(6).
\11\ 17 CFR 240.19b-4(f)(6)(iii).
\12\ For the purposes of waiving the operative delay for this
proposal, the Commission has 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 Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-Phlx-2012-117 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-Phlx-2012-117. 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 (https://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 on official business
days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2012-117, and should be submitted on or before
October 30, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Kevin M. O'Neill,
Deputy Secretary.
---------------------------------------------------------------------------
\13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
[FR Doc. 2012-24741 Filed 10-5-12; 8:45 am]
BILLING CODE 8011-01-P