Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To Amend the Uniform Branch Office Registration Form (Form BR), 4788 [2014-01657]

Download as PDF 4788 Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / Notices description of the Trust, including those set forth above and in the Notice, as modified by Amendment No. 1. For the foregoing reasons, the Commission believes the proposal to list and trade the Shares is consistent with the Exchange Act. IV. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Exchange Act,40 that the proposed rule change (SR– NYSEArca–2013–137), as modified by Amendment No. 1, be, and it hereby is, approved. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.41 Elizabeth M. Murphy, Secretary. [FR Doc. 2014–01662 Filed 1–28–14; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–71373; File No. SR–FINRA– 2013–051] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To Amend the Uniform Branch Office Registration Form (Form BR) Section 19(b)(2) of the Act 5 provides that within 45 days of the publication of notice of the filing of a proposed rule change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or as to which the self-regulatory organization consents, the Commission shall either approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether the proposed rule change should be disapproved. The 45th day for this filing is January 27, 2014. The Commission is extending this 45-day time period. The Commission finds it appropriate to designate a longer period within which to take action on the proposed rule change, so that it has sufficient time to consider this proposed rule change and the Comment Letters that have been submitted in connection with this proposed rule change. Accordingly, the Commission, pursuant to Section 19(b)(2) of the Act,6 designates March 13, 2014, as the date by which the Commission should either approve or disapprove, or institute proceedings to determine whether to disapprove, the proposed rule change (File No. SR–FINRA–2013–051). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.7 Elizabeth M. Murphy, Secretary. January 23, 2014. [FR Doc. 2014–01657 Filed 1–28–14; 8:45 am] On November 25, 2013, Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a proposed rule change to amend the Uniform Branch Office Registration Form (Form BD). The proposed rule change was published for comment in the Federal Register on December 13, 2013.3 The Commission received three comment letters on this proposal.4 BILLING CODE 8011–01–P 40 15 U.S.C. 78s(b)(2). CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 71027 (December 13, 2013), 78 FR 75954. 4 See letters to Elizabeth M. Murphy, Secretary, Commission, from Jason Doss, President, Public Investors Arbitration Bar Association, January 2, 2014; David T. Ballaire, Esq., Executive Vice President and General Counsel, Financial Services Institute, January 3, 2104; and Clifford Kirsch and Eric A. Arnold, Sutherland, Asbill and Brennan LLP, on behalf of the Committee of Annuity Insurers, January 3, 2014 (collectively, the ‘‘Comment Letters’’). tkelley on DSK3SPTVN1PROD with NOTICES 41 17 VerDate Mar<15>2010 16:05 Jan 28, 2014 Jkt 232001 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–71377; File No. SR– NYSEArca-2013–132] Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Approval of Proposed Rule Change, as Modified by Amendment Nos. 2 and 3 Thereto, To List and Trade Shares of Merk Hard Currency ETF Under NYSE Arca Equities Rule 8.600 January 23, 2014. I. Introduction On November 22, 2013, NYSE Arca, Inc. (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 5 15 U.S.C. 78s(b)(2). U.S.C. 78s(b)(2). 7 17 CFR 200.30–3(a)(31). 1 15 U.S.C. 78s(b)(1). 6 15 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 19b–4 thereunder,2 a proposed rule change to list and trade shares (‘‘Shares’’) of the Merk Hard Currency ETF (‘‘Fund’’) of the Forum ETF Trust (‘‘Trust’’). The proposed rule change was published for comment in the Federal Register on December 11, 2013.3 On December 19, 2013, the Exchange (1) submitted but subsequently withdrew Amendment No. 1 to the proposed rule change, and (2) submitted Amendment No. 2 to the proposed rule change. On January 10, 2014, the Exchange submitted Amendment No. 3 to the proposed rule change.4 The Commission received no comments on the proposal. This order grants approval of the proposed rule change, as modified by Amendment Nos. 2 and 3 thereto. II. Description of the Proposed Rule Change The Exchange proposes to list and trade Shares of the Fund under NYSE Arca Equities Rule 8.600, which governs the listing and trading of Managed Fund Shares. The Shares will be offered by the Trust,5 a Delaware statutory trust that is registered with the Commission as an open-end management investment company. Forum Investment Advisors, LLC (‘‘Investment Manager’’) is the investment manager of the Fund. Merk Investments, LLC (‘‘Investment Adviser’’) is the investment adviser of the Fund.6 Foreside Fund Services LLC 2 17 CFR 240.19b–4. Securities Exchange Act Release No. 70994 (Dec. 5, 2013), 78 FR 75423 (‘‘Notice’’). 4 In Amendment No. 2, the Exchange provided further information regarding where pricing information for certain Fund assets can be found and corrected certain cross references. In Amendment No. 3, the Exchange clarified: (1) that the Fund will not invest in any non-U.S. equity securities and that the Fund will not invest in American Depositary Receipts, European Depositary Receipts, Global Depositary Receipts (collectively referred to as ‘‘depositary receipts’’), New York Registered Shares, or American Depositary Shares and removed all references thereto; and (2) where pricing information for spot currency transactions can be found. Because Amendment Nos. 2 and 3 do not materially affect the substance of the proposed rule change or raise novel or unique issues, Amendment Nos. 2 and 3 did not require notice and comment. 5 The Trust is registered under the Investment Company Act of 1940 (‘‘1940 Act’’). On April 12, 2013, the Trust filed with the Commission an amendment to its registration statement on Form N– 1A under the Securities Act of 1933 (‘‘Securities Act’’) and under the 1940 Act relating to the Fund (File Nos. 333–180250 and 811–22679) (‘‘Registration Statement’’). In addition, the Exchange states that the Trust has obtained certain exemptive relief under the 1940 Act. See Investment Company Act Release No. 30549 (June 4, 2013) (File No. 812–13915–01) (‘‘Exemptive Order’’). 6 The Investment Adviser will be responsible for the day-to-day portfolio management of the Fund and, as such, will make all investment decisions for the Fund and is responsible for implementing the 3 See E:\FR\FM\29JAN1.SGM 29JAN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 79, Number 19 (Wednesday, January 29, 2014)]
[Notices]
[Page 4788]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01657]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71373; File No. SR-FINRA-2013-051]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Designation of a Longer Period for 
Commission Action on Proposed Rule Change To Amend the Uniform Branch 
Office Registration Form (Form BR)

January 23, 2014.
    On November 25, 2013, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to amend the Uniform Branch Office Registration 
Form (Form BD). The proposed rule change was published for comment in 
the Federal Register on December 13, 2013.\3\ The Commission received 
three comment letters on this proposal.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 71027 (December 13, 
2013), 78 FR 75954.
    \4\ See letters to Elizabeth M. Murphy, Secretary, Commission, 
from Jason Doss, President, Public Investors Arbitration Bar 
Association, January 2, 2014; David T. Ballaire, Esq., Executive 
Vice President and General Counsel, Financial Services Institute, 
January 3, 2104; and Clifford Kirsch and Eric A. Arnold, Sutherland, 
Asbill and Brennan LLP, on behalf of the Committee of Annuity 
Insurers, January 3, 2014 (collectively, the ``Comment Letters'').
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that within 45 days of the 
publication of notice of the filing of a proposed rule change, or 
within such longer period up to 90 days as the Commission may designate 
if it finds such longer period to be appropriate and publishes its 
reasons for so finding or as to which the self-regulatory organization 
consents, the Commission shall either approve the proposed rule change, 
disapprove the proposed rule change, or institute proceedings to 
determine whether the proposed rule change should be disapproved. The 
45th day for this filing is January 27, 2014. The Commission is 
extending this 45-day time period.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period 
within which to take action on the proposed rule change, so that it has 
sufficient time to consider this proposed rule change and the Comment 
Letters that have been submitted in connection with this proposed rule 
change.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the 
Act,\6\ designates March 13, 2014, as the date by which the Commission 
should either approve or disapprove, or institute proceedings to 
determine whether to disapprove, the proposed rule change (File No. SR-
FINRA-2013-051).
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(31).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2014-01657 Filed 1-28-14; 8:45 am]
BILLING CODE 8011-01-P

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