Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule, 22251-22254 [2015-09069]
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Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices
information by its employees.21 The
Exchange states that the Adviser is not
a broker-dealer, and is not affiliated
with any broker-dealer. In addition, the
Exchange states that in the event (a) the
Adviser becomes affiliated with a
broker-dealer or registers as a brokerdealer, or (b) any new adviser or subadviser is a registered broker-dealer or
becomes affiliated with a broker-dealer,
it will implement a fire wall with
respect to its relevant personnel and/or
such broker-dealer affiliate, as
applicable, regarding access to
information concerning the composition
and/or changes to the portfolio and will
be subject to procedures designed to
prevent the use and dissemination of
material nonpublic information
regarding such portfolio.22
FINRA, on behalf of the Exchange,
will communicate as needed regarding
trading in the Shares and other
exchange-traded securities with other
markets and other entities that are ISG
members, and FINRA, on behalf of the
Exchange, may obtain trading
information regarding trading in the
Shares and other exchange-traded
securities from such markets and other
entities. In addition, the Exchange may
obtain information regarding trading in
the Shares and other exchange-traded
securities from markets and other
entities that are members of ISG or with
which the Exchange has in place a
comprehensive surveillance sharing
agreement.23
The Commission notes that the Fund
and the Shares must comply with the
requirements of Nasdaq Rule 5735 to be
listed and traded on the Exchange.
Nasdaq deems the Shares to be equity
securities, thus rendering trading in the
Shares subject to Nasdaq’s existing rules
governing the trading of equity
securities. In support of this proposal,
the Exchange represented that:
(1) The Shares will be subject to
Nasdaq Rule 5735, which sets forth the
initial and continued listing criteria
applicable to Managed Fund Shares.
(2) Trading in the Shares will be
subject to the existing trading
surveillances administered by both
Nasdaq and FINRA on behalf of the
Exchange, which are designed to detect
violations of Exchange rules and
applicable federal securities laws, and
these procedures are adequate to
properly monitor Exchange trading of
the Shares in all trading sessions and to
deter and detect violations of Exchange
21 See
id. at 11508.
22 See supra note 7.
23 For a list of the current members of ISG, see
www.isgportal.org.
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rules and applicable federal securities
laws.
(3) The Exchange has appropriate
rules to facilitate transactions in the
Shares during all trading sessions.
(4) Prior to the commencement of
trading, the Exchange will inform its
members in an Information Circular of
the special characteristics and risks
associated with trading the Shares.
Specifically, the Information Circular
will discuss the following: (a) The
procedures for purchases and
redemptions of Shares in Creation Units
(and that Shares are not individually
redeemable); (b) Nasdaq Rule 2111A,
which imposes suitability obligations on
Nasdaq members with respect to
recommending transactions in the
Shares to customers; (c) the
dissemination of information regarding
the Intraday Indicative Value through
major index service providers such as
NASDAQ OMX proprietary index data
services or other major market
proprietary index services; (d) the risks
involved in trading the Shares during
the Pre-Market and Post-Market
Sessions when an updated Intraday
Indicative Value will not be calculated
or publicly disseminated; (e) the
requirement that members deliver a
prospectus to investors purchasing
newly issued Shares prior to or
concurrently with the confirmation of a
transaction; (f) trading information; and
(g) the dissemination of the Disclosed
Portfolio through the Fund’s Web site.
(5) For initial and/or continued
listing, the Fund must be in compliance
with Rule 10A–3 24 under the Act.
(6) The Fund may invest up to 30%
of its net assets in foreign equity
securities of small cap companies traded
on a U.S. exchange as ADRs, which may
include companies in emerging markets.
(7) The Fund may hold up to an
aggregate amount of 15% of its net
assets in illiquid securities or other
illiquid assets (calculated at the time of
investment).
(8) The Fund may not invest more
than 25% of the value of its total assets
in securities of issuers in any one
industry or group of industries. This
restriction does not apply to obligations
issued or guaranteed by the U.S.
government, its agencies or
instrumentalities, or securities of other
registered investment companies.
(9) Not more than 10% of the net
assets of the Fund, in the aggregate, will
be invested in unlisted equity securities
or equity securities not listed on an
exchange that is a member of the ISG or
a party to a comprehensive surveillance
sharing agreement with the Exchange.
24 See
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22251
(10) A minimum of 100,000 Shares
will be outstanding at the
commencement of trading on the
Exchange.
This approval order is based on all of
the Exchange’s representations,
including those set forth above and in
the Notice. For the foregoing reasons,
the Commission finds that the proposed
rule change is consistent with section
6(b)(5) of the Act 25 and the rules and
regulations thereunder applicable to a
national securities exchange.
IV. Conclusion
It is therefore ordered, pursuant to
section 19(b)(2) of the Exchange Act,26
that the proposed rule change (SR–
NASDAQ–2015–013) be, and it hereby
is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.27
Brent J. Fields,
Secretary.
[FR Doc. 2015–09064 Filed 4–20–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74733; File No. SR–C2–
2015–007]
Self-Regulatory Organizations; C2
Options Exchange, Incorporated;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Amend the Fees Schedule
April 15, 2015.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 10,
2015, C2 Options Exchange,
Incorporated (the ‘‘Exchange’’ or ‘‘C2’’)
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 Exchange.
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
Fees Schedule. The text of the proposed
rule change is available on the
25 15
U.S.C. 78f(b)(5).
U.S.C. 78s(b)(2).
27 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
26 15
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Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Notices
Exchange’s Web site (https://
www.c2exchange.com/Legal/), at the
Exchange’s Office of the Secretary, 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
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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.
Maker
fee/
(rebate)
Public Customer .......
C2 Market-Maker ......
All Other Origins
(Professional Customer, Firm,
Broker/Dealer, nonC2 Market-Maker,
JBO, etc.) ..............
Trades on the Open
* ($.75)
.85
.85
.00
Exchange proposes to consolidate its
Fees Schedule and add ‘‘equities’’ to
Section 1A and the current Section 1C
(which will now be renumbered as ‘‘B’’).
* ($.75)
.85 The Exchange believes the proposed
rule change will make the Fees
Schedule easier to read and alleviate
potential confusion. The Exchange notes
that no substantive changes are being
made by this change.
Taker
fee/
(rebate)
.85
.00
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the
Securities Exchange Act of 1934 (the
‘‘Act’’) and the rules and regulations
thereunder applicable to the Exchange
and, in particular, the requirements of
Section 6(b) of the Act.4 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 5 requirements that the rules of
an exchange be designed to prevent
A. Self-Regulatory Organization’s
fraudulent and manipulative acts and
Statement of the Purpose of, and
practices, to promote just and equitable
Statutory Basis for, the Proposed Rule
principles of trade, to foster cooperation
Change
and coordination with persons engaged
in regulating, clearing, settling,
1. Purpose
processing information with respect to,
The Exchange proposes to amend its
and facilitating transactions in
Fees Schedule.3 Specifically, the
securities, to remove impediments to
Exchange proposes to amend its fees for
and perfect the mechanism of a free and
the Russell 2000 Index (‘‘RUT’’). As of
open market and a national market
April 1, 2015, RUT is listed exclusively
system, and, in general, to protect
RUT
on C2 and Chicago Board Options
investors and the public interest.
Exchange, Incorporated (‘‘CBOE’’). As
Public Customer ...........................
$.15 Additionally, the Exchange believes the
such, the Exchange proposes to make
C2 Market-Maker ..........................
.35 proposed rule change is consistent with
conforming changes to its Fees
All Other Origins (Professional
Section 6(b)(4) of the Act,6 which
Customer, Firm, Broker/Dealer,
Schedule.
requires that Exchange rules provide for
non-C2 Market-Maker, JBO,
the equitable allocation of reasonable
Currently the Exchange assesses
etc.) ...........................................
.55
different fees and rebates for simple and Trades on the Open .....................
.00 dues, fees, and other charges among its
Trading Permit Holders and other
complex RUT orders. Specifically, for
simple, non-complex RUT orders, the
Additionally, the Exchange notes that persons using its facilities.
Exchange assesses the following perit currently assesses an Index License
The Exchange believes it is reasonable
contract fees structure (rebates in
Surcharge for RUT (‘‘RUT Surcharge’’)
to charge different fee amounts to
parentheses):
of $0.30 per contract for all non-Public
different user types in the manner
Customer orders. The Exchange now
proposed because the proposed fees are
Maker
Taker fee proposes to increase the RUT Surcharge
consistent with the price differentiation
from $0.30 to 0.45 per contract in order
that exists today at other options
Public Customer .......
* ($.75)
$.80 to recoup the increased costs associated
exchanges (for example, the proposed
C2 Market-Maker ......
.00
.80 with the RUT license. The Exchange
fees are comparable with fees for other
All Other Origins
will still be subsidizing the costs of the
index option products, traded on CBOE
(Professional CusRUT license.
-including RUT 7). Additionally, while
tomer, Firm,
Finally, the Exchange proposes to
the Exchange notes that the fee structure
Broker/Dealer, nondelete sections (B) and (D) from Section for RUT is changing from a Maker-Taker
C2 Market-Maker,
JBO, etc.) ..............
.50
.80 1 of the Fees Schedule. The Exchange
structure to a standard transaction fees
Trades on the Open
.00
.00 notes that as of January 2015, the fees
structure, the Exchange believes the
for simple, non-complex orders in
proposed fee amounts for RUT orders
equities, multiply-listed index, ETF, and
are reasonable because the proposed fee
For complex orders in RUT, the
ETN options classes are the same and
amounts are within the range of
Exchange currently assesses the
the fees for complex orders in equities,
standard transaction fee amounts
following per-contract fees structure
multiply-listed index, ETF, and ETN
(rebates in parentheses):
options classes are the same (i.e., there
4 15 U.S.C. 78f(b).
is no longer a distinction between fees
5 15 U.S.C. 78f(b)(5).
3 C2 initially filed the proposed fee change on
and rebates for equities options class
6 15 U.S.C. 78f(b)(4).
March 31, 2015 (SR–C2–2015–004). On April 10,
and multiply-listed index, ETF, and
7 See CBOE Fees Schedule, Specified Proprietary
2015, C2 withdrew that filing and submitted this
ETN options classes). As such, the
Index Options Rate Table.
filing.
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The Exchange notes that for both
simple and complex RUT orders, rebates
do not apply to orders that trade with
Public Customer complex orders. In
such circumstances, there is no fee or
rebate. In light of the new licensing
arrangement for RUT, the Exchange
seeks to amend its RUT fees structure.
Specifically, the Exchange seeks to
eliminate the Maker-Taker fee structure
for RUT and instead adopt standard
transaction fees. The Exchange also
proposes to eliminate the Public
Customer rebates for RUT, as well as
change the current fee amounts
assessed. The Exchange notes that
Trades on the Open will continue to not
be assessed a fee or rebate. For both
simple and non-complex RUT orders,
the Exchange proposes to assess the
following per-contract fees:
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charged for RUT at another exchange
(i.e., CBOE).8
The Exchange believes it is
reasonable, equitable and not unfairly
discriminatory to eliminate the rebates
for Public Customers for RUT
transactions because the Exchange
devotes a lot of resources to developing
and maintain an exclusively-listed
product and therefore does not desire to
offer a rebate associated with
exclusively-listed products. The
Exchange notes that this proposed
change will apply to all Public
Customers for all RUT transactions. The
Exchange also believes that it is
equitable and not unfairly
discriminatory to assess lower fees to
Public Customers as compared to other
market participants because Public
Customer order flow enhances liquidity
on the Exchange for the benefit of all
market participants. Specifically, Public
Customer liquidity benefits all market
participants by providing more trading
opportunities, which attracts MarketMakers. An increase in the activity of
these market participants in turn
facilitates tighter spreads, which may
cause an additional corresponding
increase in order flow from other market
participants. Moreover, the options
industry has a long history of providing
preferential pricing to Public Customers,
and the Exchange’s current Fees
Schedule currently does so in many
places, as do the fees structures of many
other exchanges. Finally, all fee
amounts listed as applying to Public
Customers will be applied equally to all
Public Customers (meaning that all
Public Customers will be assessed the
same amount).
The Exchange believes that it is
equitable and not unfairly
discriminatory to, assess lower fees to
Market-Makers as compared to other
market participants other than Public
Customers because Market-Makers,
unlike other market participants, take
on a number of obligations, including
quoting obligations, that other market
participants do not have. Further, these
lower fees offered to Market-Makers are
intended to incent Market-Makers to
quote and trade more on C2, thereby
providing more trading opportunities
for all market participants. Finally, all
fee amounts listed as applying to
Market-Makers will be applied equally
to all Market-Makers (meaning that all
Market-Makers will be assessed the
same amount). Similarly, the Exchange
notes that the RUT fee amounts for each
8 See CBOE Fees Schedule, Specified Proprietary
Index Options Rate Table, which shows that
standard transaction fees for RUT orders range from
$0.18 per contract to $0.65 per contract.
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Jkt 235001
separate type of other market
participants will be assessed equally to
all such market participants (i.e. all
Broker-Dealer orders will be assessed
the same amount, all Joint Back-Office
orders will be assessed the same
amount, etc.).
The Exchange believes increasing the
RUT Surcharge is reasonable because
the Exchange still pays more for the
RUT license than the amount of the
proposed RUT Surcharge (meaning that
the Exchange is, and will still be,
subsidizing the costs of the RUT
license). This increase is equitable and
not unfairly discriminatory because the
increased amount will be assessed to all
market participants to whom the RUT
Surcharge applies. Not applying the
RUT Index License Surcharge Fee to
Public Customer orders is equitable and
not unfairly discriminatory because this
is designed to attract Public Customer
RUT orders, which increases liquidity
and provides greater trading
opportunities to all market participants.
The Exchange believes that the
proposed new fee structure for simple
and complex RUT options is equitable
and not unfairly discriminatory because
the structure and fee amounts are
identical for both simple and complex
RUT orders.
Finally, the Exchange believes that
eliminating sections B and D of Section
1 of the Fees Schedule and
consolidating it with current sections A
and C, respectively, maintains clarity in
the Fees Schedule and promotes just
and equitable principles of trade by
eliminating potential confusion and
removing impediments to and
perfecting the mechanism of a free and
open market and a national market
system.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
C2 does not believe that the proposed
rule changes will impose any burden on
competition that are not necessary or
appropriate in furtherance of the
purposes of the Act. The Exchange does
not believe that the proposed rule
change will impose any burden on
intramarket competition that is not
necessary or appropriate in furtherance
of the purposes of the Act because,
while different fees are assessed to
different market participants in some
circumstances, these different market
participants have different obligations
and different circumstances as
discussed above. For example, MarketMakers have quoting obligations that
other market participants do not have.
Further, the proposed fees structure for
RUT is intended to encourage more
trading of RUT, which brings liquidity
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22253
to the Exchange and benefits all market
participants.
The Exchange does not believe that
the proposed rule changes will impose
any burden on intermarket competition
that is not necessary or appropriate in
furtherance of the purposes of the Act
because RUT will now be exclusively
listed on C2 (and CBOE). To the extent
that the proposed changes make C2 a
more attractive marketplace for market
participants at other exchanges, such
market participants are welcome to
become C2 market participants.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 9 and paragraph (f) of Rule
19b–4 10 thereunder. 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 will institute proceedings
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 rule-comments@
sec.gov. Please include File Number SR–
C2–2015–007 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.
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
10 17
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All submissions should refer to File
Number SR–C2–2015–007. 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 the
filing also will be available for
inspection and copying at the principal
office 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–C2–
2015–007 and should be submitted on
or before May 12, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Brent J. Fields,
Secretary.
[FR Doc. 2015–09069 Filed 4–20–15; 8:45 am]
BILLING CODE 8011–01–P
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, April 23, 2015 at 2 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
11 17
CFR 200.30–3(a)(12).
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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 Piwowar, as duty
officer, voted to consider the items
listed for the Closed Meeting in closed
session, and determined that no earlier
notice thereof was possible.
The subject matter of the Closed
Meeting will be:
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings; 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: April 16, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–09320 Filed 4–17–15; 11:15 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Data Collection Available for Public
Comments
60-day notice and request for
comments.
ACTION:
The Small Business
Administration (SBA) intends to request
approval, from the Office of
Management and Budget (OMB) for the
collection of information described
below. The Paperwork Reduction Act
(PRA) of 1995, 44 U.S.C. chapter 35
requires federal agencies to publish a
notice in the Federal Register
concerning each proposed collection of
information before submission to OMB,
and to allow 60 days for public
comment in response to the notice. This
notice complies with that requirement.
DATES: Submit comments on or before
June 22, 2015.
ADDRESSES: Send all comments to
Melinda Edwards, Program Analyst,
Office of Business Development, Small
Business Administration, 409 3rd Street,
8th Floor, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT:
Melinda Edwards, Program Analyst,
Business Development,
Melinda.edwards@sba.gov 202–619–
1843, or Curtis B. Rich, Management
SUMMARY:
PO 00000
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Analyst, 202–205–7030, curtis.rich@
sba.gov.
SUPPLEMENTARY INFORMATION:
All 8(a) participants are required to
provide semiannual information on any
agents, representatives, attorneys, and
accounts receiving compensation to
assist in obtaining a Federal contract for
the participant. The information
addresses the amount of compensation
received and description of the
activities performed in return for such
compensation. The information is used
to ensure that participants do not engage
in any improper or illegal activity in
connection with obtaining a contract.
Solicitation of Public Comments
SBA is requesting comments on (a)
Whether the collection of information is
necessary for the agency to properly
perform its functions; (b) whether the
burden estimates are accurate; (c)
whether there are ways to minimize the
burden, including through the use of
automated techniques or other forms of
information technology; and (d) whether
there are ways to enhance the quality,
utility, and clarity of the information.
Summary of Information Collection
Title: Representatives Used and
Compensation Paid for Services in
Connection with Obtaining Federal
Contracts.
Description of Respondents: 8(a)
Program Participants.
Form Number: SBA Form 1790.
Total Estimated Annual Responses:
15,628.
Total Estimated Annual Hour Burden:
3,907.
Curtis B. Rich,
Management Analyst.
[FR Doc. 2015–09205 Filed 4–20–15; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #14276 and #14277]
Rhode Island Disaster #RI–00014
U.S. Small Business
Administration.
ACTION: Notice.
AGENCY:
This is a Notice of the
Presidential declaration of a major
disaster for Public Assistance Only for
the State of Rhode Island (FEMA–4212–
DR), dated 04/03/2015.
Incident: Severe Winter Storm and
Snowstorm.
Incident Period: 01/26/2015 through
01/28/2015
Effective Date: 04/03/2015.
Physical Loan Application Deadline
Date: 06/02/2015.
SUMMARY:
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[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Notices]
[Pages 22251-22254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-09069]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74733; File No. SR-C2-2015-007]
Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend the Fees Schedule
April 15, 2015.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 10, 2015, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') 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
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the
[[Page 22252]]
Exchange's Web site (https://www.c2exchange.com/Legal/), at the
Exchange's Office of the Secretary, 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
The Exchange proposes to amend its Fees Schedule.\3\ Specifically,
the Exchange proposes to amend its fees for the Russell 2000 Index
(``RUT''). As of April 1, 2015, RUT is listed exclusively on C2 and
Chicago Board Options Exchange, Incorporated (``CBOE''). As such, the
Exchange proposes to make conforming changes to its Fees Schedule.
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\3\ C2 initially filed the proposed fee change on March 31, 2015
(SR-C2-2015-004). On April 10, 2015, C2 withdrew that filing and
submitted this filing.
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Currently the Exchange assesses different fees and rebates for
simple and complex RUT orders. Specifically, for simple, non-complex
RUT orders, the Exchange assesses the following per-contract fees
structure (rebates in parentheses):
------------------------------------------------------------------------
Maker Taker fee
------------------------------------------------------------------------
Public Customer................................... * ($.75) $.80
C2 Market-Maker................................... .00 .80
All Other Origins (Professional Customer, Firm, .50 .80
Broker/Dealer, non-C2 Market-Maker, JBO, etc.)...
Trades on the Open................................ .00 .00
------------------------------------------------------------------------
For complex orders in RUT, the Exchange currently assesses the
following per-contract fees structure (rebates in parentheses):
------------------------------------------------------------------------
Maker fee/ Taker fee/
(rebate) (rebate)
------------------------------------------------------------------------
Public Customer................................... * ($.75) * ($.75)
C2 Market-Maker................................... .85 .85
All Other Origins (Professional Customer, Firm, .85 .85
Broker/Dealer, non-C2 Market-Maker, JBO, etc.)...
Trades on the Open................................ .00 .00
------------------------------------------------------------------------
The Exchange notes that for both simple and complex RUT orders,
rebates do not apply to orders that trade with Public Customer complex
orders. In such circumstances, there is no fee or rebate. In light of
the new licensing arrangement for RUT, the Exchange seeks to amend its
RUT fees structure. Specifically, the Exchange seeks to eliminate the
Maker-Taker fee structure for RUT and instead adopt standard
transaction fees. The Exchange also proposes to eliminate the Public
Customer rebates for RUT, as well as change the current fee amounts
assessed. The Exchange notes that Trades on the Open will continue to
not be assessed a fee or rebate. For both simple and non-complex RUT
orders, the Exchange proposes to assess the following per-contract
fees:
------------------------------------------------------------------------
RUT
------------------------------------------------------------------------
Public Customer.............................................. $.15
C2 Market-Maker.............................................. .35
All Other Origins (Professional Customer, Firm, Broker/ .55
Dealer, non-C2 Market-Maker, JBO, etc.).....................
Trades on the Open........................................... .00
------------------------------------------------------------------------
Additionally, the Exchange notes that it currently assesses an
Index License Surcharge for RUT (``RUT Surcharge'') of $0.30 per
contract for all non-Public Customer orders. The Exchange now proposes
to increase the RUT Surcharge from $0.30 to 0.45 per contract in order
to recoup the increased costs associated with the RUT license. The
Exchange will still be subsidizing the costs of the RUT license.
Finally, the Exchange proposes to delete sections (B) and (D) from
Section 1 of the Fees Schedule. The Exchange notes that as of January
2015, the fees for simple, non-complex orders in equities, multiply-
listed index, ETF, and ETN options classes are the same and the fees
for complex orders in equities, multiply-listed index, ETF, and ETN
options classes are the same (i.e., there is no longer a distinction
between fees and rebates for equities options class and multiply-listed
index, ETF, and ETN options classes). As such, the Exchange proposes to
consolidate its Fees Schedule and add ``equities'' to Section 1A and
the current Section 1C (which will now be renumbered as ``B''). The
Exchange believes the proposed rule change will make the Fees Schedule
easier to read and alleviate potential confusion. The Exchange notes
that no substantive changes are being made by this change.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\4\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \5\ requirements that the rules of an exchange be
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. Additionally,
the Exchange believes the proposed rule change is consistent with
Section 6(b)(4) of the Act,\6\ which requires that Exchange rules
provide for the equitable allocation of reasonable dues, fees, and
other charges among its Trading Permit Holders and other persons using
its facilities.
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\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
\6\ 15 U.S.C. 78f(b)(4).
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The Exchange believes it is reasonable to charge different fee
amounts to different user types in the manner proposed because the
proposed fees are consistent with the price differentiation that exists
today at other options exchanges (for example, the proposed fees are
comparable with fees for other index option products, traded on CBOE -
including RUT \7\). Additionally, while the Exchange notes that the fee
structure for RUT is changing from a Maker-Taker structure to a
standard transaction fees structure, the Exchange believes the proposed
fee amounts for RUT orders are reasonable because the proposed fee
amounts are within the range of standard transaction fee amounts
[[Page 22253]]
charged for RUT at another exchange (i.e., CBOE).\8\
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\7\ See CBOE Fees Schedule, Specified Proprietary Index Options
Rate Table.
\8\ See CBOE Fees Schedule, Specified Proprietary Index Options
Rate Table, which shows that standard transaction fees for RUT
orders range from $0.18 per contract to $0.65 per contract.
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The Exchange believes it is reasonable, equitable and not unfairly
discriminatory to eliminate the rebates for Public Customers for RUT
transactions because the Exchange devotes a lot of resources to
developing and maintain an exclusively-listed product and therefore
does not desire to offer a rebate associated with exclusively-listed
products. The Exchange notes that this proposed change will apply to
all Public Customers for all RUT transactions. The Exchange also
believes that it is equitable and not unfairly discriminatory to assess
lower fees to Public Customers as compared to other market participants
because Public Customer order flow enhances liquidity on the Exchange
for the benefit of all market participants. Specifically, Public
Customer liquidity benefits all market participants by providing more
trading opportunities, which attracts Market-Makers. An increase in the
activity of these market participants in turn facilitates tighter
spreads, which may cause an additional corresponding increase in order
flow from other market participants. Moreover, the options industry has
a long history of providing preferential pricing to Public Customers,
and the Exchange's current Fees Schedule currently does so in many
places, as do the fees structures of many other exchanges. Finally, all
fee amounts listed as applying to Public Customers will be applied
equally to all Public Customers (meaning that all Public Customers will
be assessed the same amount).
The Exchange believes that it is equitable and not unfairly
discriminatory to, assess lower fees to Market-Makers as compared to
other market participants other than Public Customers because Market-
Makers, unlike other market participants, take on a number of
obligations, including quoting obligations, that other market
participants do not have. Further, these lower fees offered to Market-
Makers are intended to incent Market-Makers to quote and trade more on
C2, thereby providing more trading opportunities for all market
participants. Finally, all fee amounts listed as applying to Market-
Makers will be applied equally to all Market-Makers (meaning that all
Market-Makers will be assessed the same amount). Similarly, the
Exchange notes that the RUT fee amounts for each separate type of other
market participants will be assessed equally to all such market
participants (i.e. all Broker-Dealer orders will be assessed the same
amount, all Joint Back-Office orders will be assessed the same amount,
etc.).
The Exchange believes increasing the RUT Surcharge is reasonable
because the Exchange still pays more for the RUT license than the
amount of the proposed RUT Surcharge (meaning that the Exchange is, and
will still be, subsidizing the costs of the RUT license). This increase
is equitable and not unfairly discriminatory because the increased
amount will be assessed to all market participants to whom the RUT
Surcharge applies. Not applying the RUT Index License Surcharge Fee to
Public Customer orders is equitable and not unfairly discriminatory
because this is designed to attract Public Customer RUT orders, which
increases liquidity and provides greater trading opportunities to all
market participants.
The Exchange believes that the proposed new fee structure for
simple and complex RUT options is equitable and not unfairly
discriminatory because the structure and fee amounts are identical for
both simple and complex RUT orders.
Finally, the Exchange believes that eliminating sections B and D of
Section 1 of the Fees Schedule and consolidating it with current
sections A and C, respectively, maintains clarity in the Fees Schedule
and promotes just and equitable principles of trade by eliminating
potential confusion and removing impediments to and perfecting the
mechanism of a free and open market and a national market system.
B. Self-Regulatory Organization's Statement on Burden on Competition
C2 does not believe that the proposed rule changes will impose any
burden on competition that are not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that the proposed rule change will impose any burden on intramarket
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because, while different fees are assessed to
different market participants in some circumstances, these different
market participants have different obligations and different
circumstances as discussed above. For example, Market-Makers have
quoting obligations that other market participants do not have.
Further, the proposed fees structure for RUT is intended to encourage
more trading of RUT, which brings liquidity to the Exchange and
benefits all market participants.
The Exchange does not believe that the proposed rule changes will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because RUT will
now be exclusively listed on C2 (and CBOE). To the extent that the
proposed changes make C2 a more attractive marketplace for market
participants at other exchanges, such market participants are welcome
to become C2 market participants.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\
thereunder. 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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f).
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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-C2-2015-007 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.
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All submissions should refer to File Number SR-C2-2015-007. 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 the filing also will be available
for inspection and copying at the principal office 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-C2-2015-007 and should be
submitted on or before May 12, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-09069 Filed 4-20-15; 8:45 am]
BILLING CODE 8011-01-P
