Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Price List With Respect to Regulatory Fees Related to the Central Registration Depository, Which Are Collected by the Financial Industry Regulatory Authority, Inc., 3947-3949 [2013-00872]
Download as PDF
Federal Register / Vol. 78, No. 12 / Thursday, January 17, 2013 / Notices
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 rulecomments@sec.gov. Please include File
Number SR–NASDAQ–2013–002 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.
pmangrum on DSK3VPTVN1PROD with
All submissions should refer to File
Number SR–NASDAQ–2013–002. 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–
NASDAQ–2013–002, and should be
submitted on or before February 7, 2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–00867 Filed 1–16–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
of the most significant parts of such
statements.
[Release No. 34–68630; File No. SR–
NYSEMKT–2013–01]
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
Self-Regulatory Organizations; NYSE
MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Its Price List
With Respect to Regulatory Fees
Related to the Central Registration
Depository, Which Are Collected by
the Financial Industry Regulatory
Authority, Inc.
January 11, 2013.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on January
2, 2013, NYSE MKT LLC (the
‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the selfregulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
Price List (the ‘‘Price List’’) with respect
to regulatory fees related to the Central
Registration Depository (‘‘CRD system’’),
which are collected by the Financial
Industry Regulatory Authority, Inc.
(‘‘FINRA’’). The Exchange proposes to
implement the fee changes on January 2,
2013. The text of the proposed rule
change is available on the Exchange’s
Web site 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,
1 15
U.S.C.78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
7 17
CFR 200.30–3(a)(12).
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Fmt 4703
1. Purpose
The Exchange proposes to amend the
Price List with respect to regulatory fees
related to the CRD system, which are
collected by FINRA.4 The Exchange
proposes to implement the fee changes
on January 2, 2013.
Certain of the regulatory fees provided
in the Price List are collected and
retained by FINRA via the CRD system
for the registration of employees of
member organizations of the Exchange
that are not FINRA members (‘‘NonFINRA Member Organizations’’). The
Exchange originally adopted fees for use
of the CRD system in 2003.5 FINRA
recently amended certain of the fees
assessed for use of the CRD system, and
those amendments will become effective
January 2, 2013.6
The CRD system fees are user-based
and there is no distinction in the cost
incurred by FINRA if the user is a
FINRA member or a Non-FINRA
Member Organization. Accordingly, the
Exchange is proposing to amend the fees
in the Price List to mirror those assessed
by FINRA, which will be implemented
concurrently with the amended FINRA
fees on January 2, 2013.7 The proposed
changes are as follows: 8
4 The CRD system is the central licensing and
registration system for the U.S. securities industry.
The CRD system enables individuals and firms
seeking registration with multiple states and selfregulatory organizations to do so by submitting a
single form, fingerprint card and a combined
payment of fees to FINRA. Through the CRD
system, FINRA maintains the qualification,
employment and disciplinary histories of registered
associated persons of broker-dealers.
5 See Securities Exchange Act Release No. 48066
(June 19, 2003), 68 FR 38409 (June 27, 2003) (SR–
Amex–2003–49).
6 See Securities Exchange Act Release No. 67247
(June 25, 2012), 77 FR 38866 (June 29, 2012) (SR–
FINRA–2012–030).
7 The Exchange notes that it has only adopted the
CRD system fees charged by FINRA to Non-FINRA
Member Organizations when such fees are
applicable. In this regard, certain FINRA CRD
system fees and requirements are specific to FINRA
members, but do not apply to NYSE MKT-only
member organizations.
8 The Exchange is proposing to delete the current
fees and descriptions in their entirety and replace
them with the updated fees and descriptions in a
separate table that will include all the fees
applicable to Non-FINRA Member Organizations, as
discussed further below (corresponding footnotes in
the Price List would also be designated as
‘‘reserved’’). In this regard, the Exchange is
proposing a new subheading in the ‘‘Regulatory
Fees’’ section of the Price List to differentiate
between those fees that are applicable to all member
organizations and those fees that are applicable
Continued
Sfmt 4703
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17JAN1
3948
Federal Register / Vol. 78, No. 12 / Thursday, January 17, 2013 / Notices
pmangrum on DSK3VPTVN1PROD with
• Increasing the disclosure processing
fee from $95 to $110; 9 and
• Increasing the manual fingerprint
processing fee from $13 to $30.10
In addition to increasing the existing
CRD system fees, FINRA adopted a new
fee for the additional processing of each
initial or amended Form BD that
includes the initial reporting,
amendment, or certification of one or
more disclosure events or
proceedings.11 Broker-dealers use Form
BD to, among other things, report
disclosure matters in which they or a
control affiliate have been involved.
Prior to the adoption of the new fee,
FINRA did not have a fee designed to
cover the costs associated with the
review of Form BD, notwithstanding
that the review is similar to that
performed of broker-dealers’ Forms U4
and U5. Such reviews include
confirming that the matter is properly
reported, reviewing any documentation
submitted and determining whether
additional documentation is required,
conducting any necessary independent
research and, depending on the matter
reported, analyzing whether the event or
proceeding subjects the individual or
firm to a statutory disqualification
pursuant to Section 3(a)(39) of the Act.12
FINRA adopted a $110 fee for the
review of a Form BD, which mirrors the
increased fee adopted for the review of
Forms U4 and U5. As such, the
Exchange is adopting the identical fee
for FINRA’s review of a Form BD
submitted by Non-FINRA Member
Organizations.13
The Exchange also proposes to
include in its Price List certain other
only to Non-FINRA Member Organizations. The
Exchange notes that member organizations that are
also FINRA members are charged CRD system fees
according to Section (4) of Schedule A to the FINRA
By-laws.
9 See Section (4)(b)(3) of Schedule A to the FINRA
By-laws effective on January 2, 2013. The updated
description in the Price List for this fee would be
‘‘additional processing of each initial or amended
Form U4, Form U5 or Form BD that includes the
initial reporting, amendment, or certification of one
or more disclosure events or proceedings.’’ As
noted below, this would incorporate the
applicability of the fee to Form BD processing.
10 See Section (4)(b)(6) of Schedule A to the
FINRA By-laws effective on January 2, 2013. The
updated description in the Price List for this fee
would be ‘‘processing and posting to the CRD
system each set of fingerprint results and
identifying information that have been processed
through another self-regulatory organization and
submitted to FINRA.’’ The Exchange also proposes
to permanently remove the current $35 fee in the
Price List for fingerprint processing. The fee for
fingerprint processing by FINRA is addressed via
the other fingerprint processing fees described
herein and in the proposed changes to the Price
List.
11 See Section (4)(b)(3) of Schedule A to the
FINRA By-laws effective on January 2, 2013.
12 15 U.S.C. 78c(a)(39).
13 See supra note 9.
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14:19 Jan 16, 2013
Jkt 229001
fees that are charged by FINRA to
FINRA members as well as Non-FINRA
Member Organizations. These fees are as
follows: 14
• $100 for each initial Form U4 filed
for the registration of a representative or
principal; 15
• $15 for processing and posting to
the CRD system each set of fingerprints
submitted electronically to FINRA, plus
any other charge that may be imposed
by the U.S. Department of Justice for
processing each set of fingerprints;16
• $30 for processing and posting to
the CRD system each set of fingerprint
cards submitted in non-electronic
format to FINRA, plus any other charge
that may be imposed by the U.S.
Department of Justice for processing
each set of fingerprints; 17 and
• $45 annually for system processing
for each registered representative and
principal.18
The Exchange notes that the proposed
change is not otherwise intended to
address any other issues surrounding
regulatory fees and that the Exchange is
not aware of any problems that member
organizations would have in complying
with the proposed change.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,19 in general, and
furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,20 in
particular, because it provides for the
equitable allocation of reasonable dues,
fees, and other charges among its
members, issuers and other persons
using its facilities and does not unfairly
discriminate between customers,
issuers, brokers or dealers.
The Exchange believes that the
change is reasonable because the
14 Non-FINRA Member Organizations have been
charged CRD system fees since 2003. See supra note
5.
15 See Section (4)(b)(1) of Schedule A to the
FINRA By-laws effective on January 2, 2013. This
fee is assessed when a Non-FINRA Member
Organization submits its first Initial, Transfer,
Relicense, or Dual Registration Form U4 filing on
behalf of a registered person. The current applicable
fee is $85.
16 See Section (4)(b)(4) of Schedule A to the
FINRA By-laws effective on January 2, 2013. The
current applicable fee is $13.
17 See Section (4)(b)(5) of Schedule A to the
FINRA By-laws effective on January 2, 2013. The
current applicable fee is $13.
18 See Section (4)(b)(7) of Schedule A to the
FINRA By-laws effective on January 2, 2013. The
current applicable fee is $30. The proposed system
processing fee would become effective for the 2013
Renewal Program. In this regard, as part of FINRA’s
2013 Renewal Program, Preliminary Renewal
Statements reflecting the proposed $45 system
processing fee will be made available in the fourth
quarter of 2012.
19 15 U.S.C. 78f(b).
20 15 U.S.C. 78f(b)(4) and (5).
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
proposed fees are identical to those
adopted by FINRA for use of the CRD
system for disclosure and the
registration of FINRA members and
their associated persons. As FINRA
noted in amending its fees, it believed
that the fees are reasonable based on the
increased costs associated with
operating and maintaining the CRD
system, and listed a number of
enhancements made since the last fee
increase, including (1) Incorporation of
various uniform registration form
changes; (2) electronic fingerprint
processing; (3) Web EFTTM, which
allows subscribing firms to submit batch
filings to the CRD system; and (4)
increases in the number and types of
reports available through the CRD
system. These increased costs are
similarly borne by FINRA when a NonFINRA Member Organization uses the
CRD system. FINRA further noted its
belief that the proposed fees are
reasonable because they help to ensure
the integrity of the information in the
CRD system, which is very important
because the Commission, FINRA, other
self-regulatory organizations and state
securities regulators use the CRD system
to make licensing and registration
decisions, among other things.
The Exchange also believes that the
change is reasonable because it will
provide greater specificity regarding the
CRD system fees that are applicable to
Non-FINRA Member Organizations. All
similarly situated member organizations
are subject to the same fee structure, and
every member organization must use the
CRD system for registration and
disclosure. Accordingly, the Exchange
believes that the fees collected for such
use should likewise increase in lockstep
with the fees assessed to FINRA
members, as is proposed by the
Exchange. The proposed change, like
FINRA’s proposal, is equitable and not
unfairly discriminatory because it will
result in the same regulatory fees being
charged to all member organizations
required to report information to the
CRD system and for services performed
by FINRA, regardless of whether or not
such member organizations are FINRA
members.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. Specifically,
the Exchange believes that the proposed
change will result in the same
regulatory fees being charged to all
member organizations required to report
information to the CRD system and for
E:\FR\FM\17JAN1.SGM
17JAN1
Federal Register / Vol. 78, No. 12 / Thursday, January 17, 2013 / Notices
services performed by FINRA,
regardless of whether or not such
member organizations are FINRA
members.
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
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 21 of the Act and
subparagraph (f)(2) of Rule 19b–4 22
thereunder, because it establishes a due,
fee, or other charge imposed by NYSE
MKT.
At any time within 60 days of the
filing of such 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. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 23 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
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 rulecomments@sec.gov. Please include File
Number SR–NYSEMKT–2013–01 on the
subject line.
pmangrum on DSK3VPTVN1PROD with
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–NYSEMKT–2013–01. This
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
23 15 U.S.C. 78s(b)(2)(B).
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, 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 such
filing also will be available for
inspection and copying at NYSE’s
principal office and on its Web site at
www.nyse.com. 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–
NYSEMKT–2013–01, and should be
submitted on or before February 7, 2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.24
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–00872 Filed 1–16–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–68634; File No. SR–CFE–
2013–001]
Self-Regulatory Organizations; CBOE
Futures Exchange, LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change Regarding
Minor Rule Violations
January 11, 2013.
Pursuant to Section 19(b)(7) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 notice is hereby given that on
January 7, 2013, CBOE Futures
Exchange, LLC (‘‘CFE’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
21 15
22 17
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Jkt 229001
PO 00000
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(7).
the proposed rule change described in
Items II and III below, which Items have
been prepared by CFE. The Commission
is publishing this notice to solicit
comments on the proposed rule change
from interested persons. CFE also has
filed this proposed rule change with the
Commodity Futures Trading
Commission (‘‘CFTC’’). CFE filed a
written certification with the CFTC
under Section 5c(c) of the Commodity
Exchange Act (‘‘CEA’’) 2 on January 7,
2013.
I. Self-Regulatory Organization’s
Description of the Proposed Rule
Change
CFE Rule 714 currently provides that
there are no types of Exchange rule
violations that are considered minor
rule violations for purposes of CFE Rule
714. The rule change would (i) Identify
ten categories of rules which primarily
involve reporting and recordkeeping for
which the Exchange may impose
summary fines for violations of the
applicable rule(s), (ii) enumerate the
specific rule(s) within each category,
(iii) set forth a summary fine schedule
for violations of the rule(s) within each
category; and (iv) provides examples of
when the Exchange may aggregate
violations as a single offense for
purposes of CFE Rule 714. The rule
change would apply to conduct in
relation to all contracts listed and traded
on the Exchange, including both
security futures and non-security
futures. The scope of this filing is
limited solely to the application of the
rule changes to security futures traded
on CFE. The only security futures
currently traded on CFE are traded
under Chapter 16 of CFE’s Rulebook
which is applicable to Individual Stock
Based and Exchange-Traded Fund
Based Volatility Index (‘‘Volatility
Index’’) security futures. The text of the
proposed rule change is available on the
Exchange’s Web site at https://
www.cfe.cboe.com, on the Commission’s
Web site at https://www.sec.gov, 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, CFE
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
24 17
1 15
Frm 00072
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3949
27
U.S.C. 7a–2(c).
E:\FR\FM\17JAN1.SGM
17JAN1
Agencies
[Federal Register Volume 78, Number 12 (Thursday, January 17, 2013)]
[Notices]
[Pages 3947-3949]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00872]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-68630; File No. SR-NYSEMKT-2013-01]
Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending Its Price List
With Respect to Regulatory Fees Related to the Central Registration
Depository, Which Are Collected by the Financial Industry Regulatory
Authority, Inc.
January 11, 2013.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 2, 2013, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III 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 its Price List (the ``Price List'')
with respect to regulatory fees related to the Central Registration
Depository (``CRD system''), which are collected by the Financial
Industry Regulatory Authority, Inc. (``FINRA''). The Exchange proposes
to implement the fee changes on January 2, 2013. The text of the
proposed rule change is available on the Exchange's Web site 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 Exchange proposes to amend the Price List with respect to
regulatory fees related to the CRD system, which are collected by
FINRA.\4\ The Exchange proposes to implement the fee changes on January
2, 2013.
---------------------------------------------------------------------------
\4\ The CRD system is the central licensing and registration
system for the U.S. securities industry. The CRD system enables
individuals and firms seeking registration with multiple states and
self-regulatory organizations to do so by submitting a single form,
fingerprint card and a combined payment of fees to FINRA. Through
the CRD system, FINRA maintains the qualification, employment and
disciplinary histories of registered associated persons of broker-
dealers.
---------------------------------------------------------------------------
Certain of the regulatory fees provided in the Price List are
collected and retained by FINRA via the CRD system for the registration
of employees of member organizations of the Exchange that are not FINRA
members (``Non-FINRA Member Organizations''). The Exchange originally
adopted fees for use of the CRD system in 2003.\5\ FINRA recently
amended certain of the fees assessed for use of the CRD system, and
those amendments will become effective January 2, 2013.\6\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 48066 (June 19,
2003), 68 FR 38409 (June 27, 2003) (SR-Amex-2003-49).
\6\ See Securities Exchange Act Release No. 67247 (June 25,
2012), 77 FR 38866 (June 29, 2012) (SR-FINRA-2012-030).
---------------------------------------------------------------------------
The CRD system fees are user-based and there is no distinction in
the cost incurred by FINRA if the user is a FINRA member or a Non-FINRA
Member Organization. Accordingly, the Exchange is proposing to amend
the fees in the Price List to mirror those assessed by FINRA, which
will be implemented concurrently with the amended FINRA fees on January
2, 2013.\7\ The proposed changes are as follows: \8\
---------------------------------------------------------------------------
\7\ The Exchange notes that it has only adopted the CRD system
fees charged by FINRA to Non-FINRA Member Organizations when such
fees are applicable. In this regard, certain FINRA CRD system fees
and requirements are specific to FINRA members, but do not apply to
NYSE MKT-only member organizations.
\8\ The Exchange is proposing to delete the current fees and
descriptions in their entirety and replace them with the updated
fees and descriptions in a separate table that will include all the
fees applicable to Non-FINRA Member Organizations, as discussed
further below (corresponding footnotes in the Price List would also
be designated as ``reserved''). In this regard, the Exchange is
proposing a new subheading in the ``Regulatory Fees'' section of the
Price List to differentiate between those fees that are applicable
to all member organizations and those fees that are applicable only
to Non-FINRA Member Organizations. The Exchange notes that member
organizations that are also FINRA members are charged CRD system
fees according to Section (4) of Schedule A to the FINRA By-laws.
---------------------------------------------------------------------------
[[Page 3948]]
Increasing the disclosure processing fee from $95 to $110;
\9\ and
---------------------------------------------------------------------------
\9\ See Section (4)(b)(3) of Schedule A to the FINRA By-laws
effective on January 2, 2013. The updated description in the Price
List for this fee would be ``additional processing of each initial
or amended Form U4, Form U5 or Form BD that includes the initial
reporting, amendment, or certification of one or more disclosure
events or proceedings.'' As noted below, this would incorporate the
applicability of the fee to Form BD processing.
---------------------------------------------------------------------------
Increasing the manual fingerprint processing fee from $13
to $30.\10\
---------------------------------------------------------------------------
\10\ See Section (4)(b)(6) of Schedule A to the FINRA By-laws
effective on January 2, 2013. The updated description in the Price
List for this fee would be ``processing and posting to the CRD
system each set of fingerprint results and identifying information
that have been processed through another self-regulatory
organization and submitted to FINRA.'' The Exchange also proposes to
permanently remove the current $35 fee in the Price List for
fingerprint processing. The fee for fingerprint processing by FINRA
is addressed via the other fingerprint processing fees described
herein and in the proposed changes to the Price List.
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In addition to increasing the existing CRD system fees, FINRA
adopted a new fee for the additional processing of each initial or
amended Form BD that includes the initial reporting, amendment, or
certification of one or more disclosure events or proceedings.\11\
Broker-dealers use Form BD to, among other things, report disclosure
matters in which they or a control affiliate have been involved. Prior
to the adoption of the new fee, FINRA did not have a fee designed to
cover the costs associated with the review of Form BD, notwithstanding
that the review is similar to that performed of broker-dealers' Forms
U4 and U5. Such reviews include confirming that the matter is properly
reported, reviewing any documentation submitted and determining whether
additional documentation is required, conducting any necessary
independent research and, depending on the matter reported, analyzing
whether the event or proceeding subjects the individual or firm to a
statutory disqualification pursuant to Section 3(a)(39) of the Act.\12\
FINRA adopted a $110 fee for the review of a Form BD, which mirrors the
increased fee adopted for the review of Forms U4 and U5. As such, the
Exchange is adopting the identical fee for FINRA's review of a Form BD
submitted by Non-FINRA Member Organizations.\13\
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\11\ See Section (4)(b)(3) of Schedule A to the FINRA By-laws
effective on January 2, 2013.
\12\ 15 U.S.C. 78c(a)(39).
\13\ See supra note 9.
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The Exchange also proposes to include in its Price List certain
other fees that are charged by FINRA to FINRA members as well as Non-
FINRA Member Organizations. These fees are as follows: \14\
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\14\ Non-FINRA Member Organizations have been charged CRD system
fees since 2003. See supra note 5.
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$100 for each initial Form U4 filed for the registration
of a representative or principal; \15\
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\15\ See Section (4)(b)(1) of Schedule A to the FINRA By-laws
effective on January 2, 2013. This fee is assessed when a Non-FINRA
Member Organization submits its first Initial, Transfer, Relicense,
or Dual Registration Form U4 filing on behalf of a registered
person. The current applicable fee is $85.
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$15 for processing and posting to the CRD system each set
of fingerprints submitted electronically to FINRA, plus any other
charge that may be imposed by the U.S. Department of Justice for
processing each set of fingerprints;\16\
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\16\ See Section (4)(b)(4) of Schedule A to the FINRA By-laws
effective on January 2, 2013. The current applicable fee is $13.
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$30 for processing and posting to the CRD system each set
of fingerprint cards submitted in non-electronic format to FINRA, plus
any other charge that may be imposed by the U.S. Department of Justice
for processing each set of fingerprints; \17\ and
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\17\ See Section (4)(b)(5) of Schedule A to the FINRA By-laws
effective on January 2, 2013. The current applicable fee is $13.
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$45 annually for system processing for each registered
representative and principal.\18\
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\18\ See Section (4)(b)(7) of Schedule A to the FINRA By-laws
effective on January 2, 2013. The current applicable fee is $30. The
proposed system processing fee would become effective for the 2013
Renewal Program. In this regard, as part of FINRA's 2013 Renewal
Program, Preliminary Renewal Statements reflecting the proposed $45
system processing fee will be made available in the fourth quarter
of 2012.
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The Exchange notes that the proposed change is not otherwise
intended to address any other issues surrounding regulatory fees and
that the Exchange is not aware of any problems that member
organizations would have in complying with the proposed change.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\19\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\20\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
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\19\ 15 U.S.C. 78f(b).
\20\ 15 U.S.C. 78f(b)(4) and (5).
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The Exchange believes that the change is reasonable because the
proposed fees are identical to those adopted by FINRA for use of the
CRD system for disclosure and the registration of FINRA members and
their associated persons. As FINRA noted in amending its fees, it
believed that the fees are reasonable based on the increased costs
associated with operating and maintaining the CRD system, and listed a
number of enhancements made since the last fee increase, including (1)
Incorporation of various uniform registration form changes; (2)
electronic fingerprint processing; (3) Web EFTTM, which
allows subscribing firms to submit batch filings to the CRD system; and
(4) increases in the number and types of reports available through the
CRD system. These increased costs are similarly borne by FINRA when a
Non-FINRA Member Organization uses the CRD system. FINRA further noted
its belief that the proposed fees are reasonable because they help to
ensure the integrity of the information in the CRD system, which is
very important because the Commission, FINRA, other self-regulatory
organizations and state securities regulators use the CRD system to
make licensing and registration decisions, among other things.
The Exchange also believes that the change is reasonable because it
will provide greater specificity regarding the CRD system fees that are
applicable to Non-FINRA Member Organizations. All similarly situated
member organizations are subject to the same fee structure, and every
member organization must use the CRD system for registration and
disclosure. Accordingly, the Exchange believes that the fees collected
for such use should likewise increase in lockstep with the fees
assessed to FINRA members, as is proposed by the Exchange. The proposed
change, like FINRA's proposal, is equitable and not unfairly
discriminatory because it will result in the same regulatory fees being
charged to all member organizations required to report information to
the CRD system and for services performed by FINRA, regardless of
whether or not such member organizations are FINRA members.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Specifically, the Exchange
believes that the proposed change will result in the same regulatory
fees being charged to all member organizations required to report
information to the CRD system and for
[[Page 3949]]
services performed by FINRA, regardless of whether or not such member
organizations are FINRA members.
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
The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \21\ of the Act and subparagraph (f)(2) of Rule
19b-4 \22\ thereunder, because it establishes a due, fee, or other
charge imposed by NYSE MKT.
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\21\ 15 U.S.C. 78s(b)(3)(A).
\22\ 17 CFR 240.19b-4(f)(2).
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At any time within 60 days of the filing of such 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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \23\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\23\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSEMKT-2013-01 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-NYSEMKT-2013-01. 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, 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 such filing also will be available
for inspection and copying at NYSE's principal office and on its Web
site at www.nyse.com. 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-NYSEMKT-2013-01, and should be submitted on or before February 7,
2013.
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\24\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-00872 Filed 1-16-13; 8:45 am]
BILLING CODE 8011-01-P