Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Update Rule Cross-References and Make Non-Substantive Technical Changes to Certain FINRA Rules, 68731-68733 [2014-27187]
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Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Notices
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Commission will host the SEC
Government-Business Forum on Small
Business Capital Formation on
Thursday, November 20, 2014,
beginning at 9:00 a.m., in the
auditorium of the Commission’s
headquarters at 100 F Street NE.,
Washington, DC. The forum will be
open to the public and webcast on the
SEC’s Web site. Doors will open at 8:15
a.m. Visitors will be subject to security
checks.
The forum will include remarks by
SEC Commissioners and panel
discussions that Commissioners may
attend. Panel topics will include
secondary market liquidity for securities
of small businesses and the definition of
accredited investor.
For further information, please
contact the Office of the Secretary at
(202) 551–5400.
Dated: November 13, 2014.
Brent J. Fields,
Secretary.
[FR Doc. 2014–27316 Filed 11–14–14; 11:15 am]
Institution settlement of
administrative proceedings;
Litigation matter; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact the Office of the Secretary at
(202) 551–5400.
Dated: November 13, 2014.
Brent J. Fields,
Secretary.
[FR Doc. 2014–27355 Filed 11–14–14; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73576; File No. SR–FINRA–
2014–045]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Update Rule CrossReferences and Make Non-Substantive
Technical Changes to Certain FINRA
Rules
BILLING CODE 8011–01–P
November 12, 2014.
SECURITIES AND EXCHANGE
COMMISSION
tkelley on DSK3SPTVN1PROD with NOTICES
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Thursday, November 20, 2014 at 2:00
p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or her designee, has
certified that, in her opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
and (10), permit consideration of the
scheduled matter at the Closed Meeting.
Commissioner Stein, as duty officer,
voted to consider the items listed for the
Closed Meeting in closed session.
The subject matter of the Closed
Meeting will be:
Institution and settlement of
injunctive actions;
VerDate Sep<11>2014
17:27 Nov 17, 2014
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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 October
31, 2014, Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I, II,
and III below, which Items have been
prepared by FINRA. FINRA has
designated the proposed rule change as
constituting a ‘‘non-controversial’’ rule
change under paragraph (f)(6) of Rule
19b–4 under the Act,3 which renders
the proposal effective upon receipt of
this filing by the Commission. 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
FINRA is proposing to update crossreferences and make other nonsubstantive changes within FINRA
rules, primarily as the result of approval
of new consolidated FINRA rules.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
2 17
PO 00000
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68731
The text of the proposed rule change
is available on FINRA’s Web site at
https://www.finra.org, at the principal
office of FINRA, on the Commission’s
Web site at https://www.sec.gov, 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,
FINRA 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. FINRA 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
FINRA is in the process of developing
a consolidated rulebook (‘‘Consolidated
FINRA Rulebook’’).4 That process
involves FINRA submitting to the
Commission for approval a series of
proposed rule changes over time to
adopt rules in the Consolidated FINRA
Rulebook. The phased adoption and
implementation of those rules
necessitates periodic amendments to
update rule cross-references and other
non-substantive changes in the
Consolidated FINRA Rulebook.
The proposed rule change would
make several such changes, as well as
other non-substantive changes unrelated
to the adoption of rules in the
Consolidated FINRA Rulebook.
First, the proposed rule change would
update rule cross-references to reflect
the adoption of new consolidated
supervision rules. On December 23,
2013, the SEC approved a proposed rule
change to adopt NASD Rules 3010,
3012, and 3110 as FINRA Rules 3110,
3120, 3150, and 3170, with several
4 The current FINRA rulebook consists of (1)
FINRA Rules; (2) NASD Rules; and (3) rules
incorporated from NYSE (‘‘Incorporated NYSE
Rules’’) (together, the NASD Rules and Incorporated
NYSE Rules are referred to as the ‘‘Transitional
Rulebook’’). While the NASD Rules generally apply
to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that
are also members of the NYSE (‘‘Dual Members’’).
The FINRA Rules apply to all FINRA members,
unless such rules have a more limited application
by their terms. For more information about the
rulebook consolidation process, see Information
Notice, March 12, 2008 (Rulebook Consolidation
Process).
E:\FR\FM\18NON1.SGM
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Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
changes. FINRA also deleted in their
entirety the corresponding Incorporated
NYSE Rules 342, 343, 354, 401, 401A
and Incorporated NYSE Interpretive
Materials 342, 343, and 351.5 The new
rules will be implemented on December
1, 2014. As such, the proposed rule
change would update references to the
new rule numbers in FINRA Rules 0150
(Application of Rules to Exempted
Securities Except Municipal Securities),
1010 (Electronic Filing Requirements for
Uniform Forms), 2210 (Communications
with the Public), 2220 (Options
Communications), 2330 (Members’
Responsibilities Regarding Deferred
Variable Annuities), 2360 (Options),
5210 (Publication of Transactions and
Quotations), 8312 (FINRA BrokerCheck
Disclosure), 9217 (Violations
Appropriate for Disposition Under Plan
Pursuant to SEA Rule 19d–1(c)(2)), and
9610 (Application).
Second, the proposed rule change
would make technical changes to
FINRA Rules 4553(e)(4) (Definitions),
7410(o) (Definitions), 12104 (Effect of
Arbitration on FINRA Regulatory
Activities; Arbitrator Referral During or
at Conclusion of Case), and 13104
(Effect of Arbitration on FINRA
Regulatory Activities; Arbitrator Referral
During or at Conclusion of Case) to
reflect FINRA Manual style convention
changes.
Third, FINRA is proposing to amend
Rule 6170 (Primary and Additional
MPIDs for Alternative Display Facility
Participants) to replace the references to
‘‘TRACS’’ with ‘‘ADF,’’ consistent with
the changes made throughout the Rule
6200 and 7100 Series pursuant to SR–
FINRA–2013–053.6
Fourth, FINRA is proposing to make
non-substantive changes to FINRA Rule
2360(b)(23) (Tendering Procedures for
Exercise of Options) to update crossreferences resulting from previous
amendment to FINRA Options rules.7
FINRA also is proposing to update the
cross-references in Rules 6282(f)(2) to
reflect the renumbering of Rule 7130(c)
as 7130(f) pursuant to SR–FINRA–2013–
053.8 In addition, FINRA is proposing to
amend Rule 7110(i) to correct a crossreference to Rule 6120, which instead
should be to Rule 6220 (Definitions).9
5 See Securities Exchange Act Release No. 71179
(December 23, 2013), 78 FR 79542 (December 30,
2013) (Order Approving File No. SR–FINRA–2013–
025).
6 See Securities Exchange Act Release No. 71467
(February 3, 2014), 79 FR 7485 (February 7, 2014)
(Order Approving File No. SR–FINRA–2013–053).
7 See Securities Exchange Act Release No. 62711
(August 12, 2010), 75 FR 51124 (August 18, 2010)
(Order Approving [sic] File No. SR–FINRA–2010–
041).
8 See supra note 6.
9 See supra note 6.
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17:27 Nov 17, 2014
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Finally, the proposed rule change
would also amend Rule 7120(a)(2)(E) to
delete a misplaced ‘‘the,’’ which was
inadvertently proposed in SR–FINRA–
2013–053. The text would now read
‘‘each System identified trade.’’
FINRA has filed the proposed rule
change for immediate effectiveness. The
implementation date for the proposed
rule change will be December 1, 2014.
2. Statutory Basis
FINRA believes that the proposed rule
change is consistent with the provisions
of Section 15A(b)(6) of the Act,10 which
requires, among other things, that
FINRA rules must be designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, and, in
general, to protect investors and the
public interest. FINRA believes the
proposed rule change will provide
greater clarity to members and the
public regarding FINRA’s rules.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
FINRA 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. The
proposed rule change brings clarity and
consistency to FINRA rules without
adding any burden on firms.
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
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 11 and Rule 19b–
4(f)(6) thereunder.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
10 15
U.S.C. 78o–3(b)(6).
U.S.C. 78s(b)(3)(A).
12 17 CFR 240.19b–4(f)(6).
11 15
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Frm 00073
Fmt 4703
Sfmt 4703
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
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 rule-comments@
sec.gov. Please include File Number SR–
FINRA–2014–045 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–FINRA–2014–045. 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 the principal
offices of FINRA. 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–FINRA–
2014–045, and should be submitted on
or before December 9, 2014.
E:\FR\FM\18NON1.SGM
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Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Kevin M. O’ Neill,
Deputy Secretary.
[FR Doc. 2014–27187 Filed 11–17–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73577; File No. SR–OCC–
2014–20]
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. OCC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
1. Purpose
Self-Regulatory Organizations; The
Options Clearing Corporation; Notice
of Filing and Immediate Effectiveness
of a Proposed Rule Change Notice of
Filing of Proposed Rule Change to
Concerning Updates to Clearing
Member Documents
November 12, 2014.
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 November
10, 2014, The Options Clearing
Corporation (‘‘OCC’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by OCC. OCC filed the proposed rule
change pursuant to Section 19(b)(3)(A) 3
of the Act and Rule 19b-4(f)(6) 4
thereunder. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
This proposed rule change by The
Options Clearing Corporation (‘‘OCC’’)
would update the various contracts and
forms that, in conjunction with OCC’s
By-Laws and Rules, establish and
govern the relationship between OCC
and each clearing member (collectively,
the ‘‘Clearing Member Documents’’).
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission,
OCC included statements concerning
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s (b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), OCC provided the Commission with
written notice of its intent to file the proposed rule
change, along with a brief description and the text
of the proposed rule change, at least five business
days prior to the date of filing the proposed rule
change, or such shorter time as designated by the
Commission.
tkelley on DSK3SPTVN1PROD with NOTICES
1 15
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This proposed rule change would
amend the Clearing Member Documents
in order to: (i) Reduce the number of
documents by eliminating outdated
documents and combining similar
documents, when possible; (ii) reflect
OCC’s current business and operational
processes; and (iii) reflect changes in
applicable law and conform the
documents to OCC’s current By-Laws
and Rules. The proposed changes to the
Clearing Member Documents would not
alter any of the requirements for initial
or continued OCC clearing membership.
Background
The Clearing Member Documents, in
conjunction with OCC’s By-Laws and
Rules, establish the relationship
between OCC and each clearing member
and serve as the legal foundation of
OCC’s ongoing legal and operational
relationship with clearing members.
OCC recently completed a
comprehensive review (the ‘‘Review’’)
of the Clearing Membership Documents
with a view to revising the documents
and ensuring that they are consistent
with OCC’s By-Laws and Rules and
current operational processes.
The Clearing Member Documents fall
into five general categories:
1. Application Documents. These are
the primary documents used to identify
an applicant’s qualifications to become
a clearing member of OCC.
2. Core Agreements. These documents
establish the contractual agreement
between OCC and a clearing member
and provide OCC with authority to carry
out critical tasks related to clearing
membership. These include, among
other agreements, the Clearing Member
Agreement and various authorizations
to draft and authorized signature forms.
3. Services Agreements. These
documents govern the provision by OCC
of various services to clearing members,
such as internet and data distribution
services.
4. Appointment Forms. These
documents permit clearing members
that are not participants in National
Securities Clearing Corporation
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Frm 00074
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68733
(‘‘NSCC’’) and the Fixed Income
Clearing Corporation (‘‘FICC’’) to, as
applicable, effect settlement of
physically-settled equity options, single
stock futures and Treasury securities
option contracts through appointment of
another clearing member as its agent
with respect to settlement of the
relevant product.5
5. Product and Account Specific
Forms. These documents facilitate a
clearing member’s ability to clear
certain products or allow a clearing
member to establish certain types of
accounts such as a market maker subaccount.
Proposed Updates to the Clearing
Member Documents
A primary focus of the Review was to
eliminate outdated documents and
consolidate documents when possible.
The Review resulted in the number of
distinct Clearing Member Documents
being reduced from 39 to 21, either by
eliminating documents that are no
longer operationally required by OCC or
by consolidating and streamlining
previously distinct documents, each
requiring separate execution, into one
document. Attached as Exhibit 3 is a
document that lists each of the current
Clearing Member Documents and each
of the proposed Clearing Member
Documents after the consolidation and
streamlining effort of the Review.
Moreover, the Review did not result in
any new substantive legal requirements
being imposed upon clearing members.
In addition, a significant number of
the Clearing Member Documents are
proposed to be updated to reflect terms
used in OCC’s By-Laws and Rules that
have been revised since the Clearing
Member Documents were created or last
updated, as applicable. Set forth below
is a summary of the significant updates
proposed to be made to the Clearing
Member Documents. The proposed
revisions to the Clearing Member
Documents will not result in any
substantive changes to OCC’s
membership requirements.
Application Documents
OCC proposes to revise the
Application Documents to eliminate
sole proprietorship from the category of
applicants 6 because OCC staff deemed
it extremely unlikely that a sole
proprietor would apply for clearing
membership. The Application for
Membership itself would be updated to
include new categories of products an
5 See,
OCC Rules 901(f), 901(g) and 1403(a).
revised Application Documents will
contain an ‘‘other’’ category of applicant, which
could be used in the event a sole proprietor applies
for clearing membership at OCC.
6 The
E:\FR\FM\18NON1.SGM
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Agencies
[Federal Register Volume 79, Number 222 (Tuesday, November 18, 2014)]
[Notices]
[Pages 68731-68733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27187]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-73576; File No. SR-FINRA-2014-045]
Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Update Rule Cross-References and Make Non-
Substantive Technical Changes to Certain FINRA Rules
November 12, 2014.
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 October 31, 2014, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. 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.
\3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
FINRA is proposing to update cross-references and make other non-
substantive changes within FINRA rules, primarily as the result of
approval of new consolidated FINRA rules.
The text of the proposed rule change is available on FINRA's Web
site at https://www.finra.org, at the principal office of FINRA, on the
Commission's Web site at https://www.sec.gov, 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, FINRA 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. FINRA 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
FINRA is in the process of developing a consolidated rulebook
(``Consolidated FINRA Rulebook'').\4\ That process involves FINRA
submitting to the Commission for approval a series of proposed rule
changes over time to adopt rules in the Consolidated FINRA Rulebook.
The phased adoption and implementation of those rules necessitates
periodic amendments to update rule cross-references and other non-
substantive changes in the Consolidated FINRA Rulebook.
---------------------------------------------------------------------------
\4\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
---------------------------------------------------------------------------
The proposed rule change would make several such changes, as well
as other non-substantive changes unrelated to the adoption of rules in
the Consolidated FINRA Rulebook.
First, the proposed rule change would update rule cross-references
to reflect the adoption of new consolidated supervision rules. On
December 23, 2013, the SEC approved a proposed rule change to adopt
NASD Rules 3010, 3012, and 3110 as FINRA Rules 3110, 3120, 3150, and
3170, with several
[[Page 68732]]
changes. FINRA also deleted in their entirety the corresponding
Incorporated NYSE Rules 342, 343, 354, 401, 401A and Incorporated NYSE
Interpretive Materials 342, 343, and 351.\5\ The new rules will be
implemented on December 1, 2014. As such, the proposed rule change
would update references to the new rule numbers in FINRA Rules 0150
(Application of Rules to Exempted Securities Except Municipal
Securities), 1010 (Electronic Filing Requirements for Uniform Forms),
2210 (Communications with the Public), 2220 (Options Communications),
2330 (Members' Responsibilities Regarding Deferred Variable Annuities),
2360 (Options), 5210 (Publication of Transactions and Quotations), 8312
(FINRA BrokerCheck Disclosure), 9217 (Violations Appropriate for
Disposition Under Plan Pursuant to SEA Rule 19d-1(c)(2)), and 9610
(Application).
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 71179 (December 23,
2013), 78 FR 79542 (December 30, 2013) (Order Approving File No. SR-
FINRA-2013-025).
---------------------------------------------------------------------------
Second, the proposed rule change would make technical changes to
FINRA Rules 4553(e)(4) (Definitions), 7410(o) (Definitions), 12104
(Effect of Arbitration on FINRA Regulatory Activities; Arbitrator
Referral During or at Conclusion of Case), and 13104 (Effect of
Arbitration on FINRA Regulatory Activities; Arbitrator Referral During
or at Conclusion of Case) to reflect FINRA Manual style convention
changes.
Third, FINRA is proposing to amend Rule 6170 (Primary and
Additional MPIDs for Alternative Display Facility Participants) to
replace the references to ``TRACS'' with ``ADF,'' consistent with the
changes made throughout the Rule 6200 and 7100 Series pursuant to SR-
FINRA-2013-053.\6\
---------------------------------------------------------------------------
\6\ See Securities Exchange Act Release No. 71467 (February 3,
2014), 79 FR 7485 (February 7, 2014) (Order Approving File No. SR-
FINRA-2013-053).
---------------------------------------------------------------------------
Fourth, FINRA is proposing to make non-substantive changes to FINRA
Rule 2360(b)(23) (Tendering Procedures for Exercise of Options) to
update cross-references resulting from previous amendment to FINRA
Options rules.\7\ FINRA also is proposing to update the cross-
references in Rules 6282(f)(2) to reflect the renumbering of Rule
7130(c) as 7130(f) pursuant to SR-FINRA-2013-053.\8\ In addition, FINRA
is proposing to amend Rule 7110(i) to correct a cross-reference to Rule
6120, which instead should be to Rule 6220 (Definitions).\9\
---------------------------------------------------------------------------
\7\ See Securities Exchange Act Release No. 62711 (August 12,
2010), 75 FR 51124 (August 18, 2010) (Order Approving [sic] File No.
SR-FINRA-2010-041).
\8\ See supra note 6.
\9\ See supra note 6.
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Finally, the proposed rule change would also amend Rule
7120(a)(2)(E) to delete a misplaced ``the,'' which was inadvertently
proposed in SR-FINRA-2013-053. The text would now read ``each System
identified trade.''
FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date for the proposed rule change
will be December 1, 2014.
2. Statutory Basis
FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\10\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes the proposed rule change will provide
greater clarity to members and the public regarding FINRA's rules.
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\10\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition
FINRA 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. The proposed rule change brings
clarity and consistency to FINRA rules without adding any burden on
firms.
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 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 \11\ and Rule 19b-
4(f)(6) thereunder.\12\
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\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4(f)(6).
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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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule 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 rule-comments@sec.gov. Please include
File Number SR-FINRA-2014-045 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-FINRA-2014-045. 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 the principal offices of FINRA. 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-FINRA-2014-045, and should
be submitted on or before December 9, 2014.
[[Page 68733]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O' Neill,
Deputy Secretary.
[FR Doc. 2014-27187 Filed 11-17-14; 8:45 am]
BILLING CODE 8011-01-P