Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Revisions to the Registered Options Principal Examination, 66072-66074 [2015-27355]
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66072
Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Brent J. Fields,
Secretary.
[FR Doc. 2015–27351 Filed 10–27–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–76235; File No. SR–CBOE–
2015–095]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Relating to Revisions to
the Registered Options Principal
Examination
October 22, 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 October
16, 2015, Chicago Board Options
Exchange, Incorporated (the ‘‘Exchange’’
or ‘‘CBOE’’) 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 CBOE. CBOE has
designated the proposed rule change as
‘‘constituting a stated policy, practice,
or interpretation with respect to the
meaning, administration, or
enforcement of an existing rule’’ under
Section 19(b)(3)(A)(i) of the Act 3 and
Rule19b–4(f)(1) thereunder,4 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.
mstockstill on DSK4VPTVN1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
CBOE is filing revisions to the content
outline and selection specifications for
the Registered Options Principal (Series
4) examination program.5 The proposed
revisions update the material to reflect
changes to the laws, rules and
regulations covered by the examination
16 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)(i).
4 17 CFR 240.19b–4(f)(1).
5 CBOE is also proposing corresponding revisions
to the Series 4 question bank. CBOE is submitting
this filing for immediate effectiveness pursuant to
Section 19(b)(3)(A) of the act and Rule 19b–4(f)(1)
thereunder.
and to incorporate the functions and
associated tasks currently performed by
a Registered Options Principal. In
addition, CBOE is proposing to make
changes to the format of the content
outline. CBOE is not proposing any
textual changes to the By-Laws,
Schedules to the By-Laws or Rules of
CBOE. CBOE is proposing these
revisions to adopt the revised Series 4
examination program of the Financial
Industry Regulatory Authority, Inc.
(‘‘FINRA’’). FINRA currently
administers Series 4 examinations on
behalf of CBOE.
The revised content outline is
attached.6 The Series 4 selection
specifications were submitted to the
Commission under separate cover by
FINRA. FINRA submitted the Series 4
selection specifications in connection
with a FINRA filing to revise its Series
4 Examination Program.7 CBOE is in
agreement with the selection
specifications submitted by FINRA.
The text of the [sic] proposed rule
change is available on the Exchange’s
Web site (https://www.cboe.com/
AboutCBOE/
CBOELegalRegulatoryHome.aspx), 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
Section 6(c)(3) of the Act 8 authorizes
CBOE to prescribe standards of training,
experience, and competence for persons
associated with CBOE Trading Permit
Holders (‘‘TPH’’). In accordance with
1 15
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19:16 Oct 27, 2015
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6 The
Commission notes that the revised content
outline is attached to the filing, not to this Notice.
The content outline is available as part of the filing
on CBOE’s Web site.
7 See Securities Exchange Act Release No. 75246
(June 18, 2015), 80 FR 36388 (June 24, 2015) (SR–
FINRA–2015–018).
8 15 U.S.C. 78f(c)(3).
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Sfmt 4703
that provision, CBOE has developed
examinations that are designed to
establish that persons associated with
CBOE TPHs have attained specified
levels of competence and knowledge,
consistent with applicable registration
requirements under CBOE rules. CBOE
periodically reviews the content of the
examinations to determine whether
revisions are necessary or appropriate in
view of changes pertaining to the
subject matter covered by the
examinations.
CBOE Rule 9.2 states that no TPH
organization shall be approved to
transact options business with the
public until those persons associated
with it who are designated as Options
Principals have been approved by and
registered with the Exchange. Rule 9.2
states that persons engaged in the
supervision of options sales practices or
a person to who the designated general
partner or executive officer or another
Registered Options Principal delegates
the authority to supervise options sales
practices shall be designated as Options
Principals. CBOE Rule 9.2 further
requires successful completion of an
examination prescribed by the Exchange
in order to qualify for registration as an
Options Principal. The Series 4
examination, an industry-wide
examination, has been designed for this
purpose, and tests a candidate’s
knowledge of options trading generally,
the industry rules applicable to trading
of option contracts, and the rules of
registered clearing agencies for options.
The Series 4 examination covers, among
other things, equity options, foreign
currency options, and index options.
In consultation with a committee of
industry representatives, including
representatives from CBOE, FINRA
recently undertook a review of the
Series 4 examination program. As a
result of this review, FINRA filed
revisions to the content outline to reflect
changes to the laws, rules and
regulations covered by the examination
and to incorporate the functions and
associated tasks currently performed by
a Registered Options Principal. FINRA
also made changes to the format of the
content outline.9 CBOE is filing these
changes to adopt FINRA’s revised Series
4 examination program.
Current Content Outline
The current content outline is divided
into three sections. The following are
the three sections and the number of
questions associated with each of the
9 See Securities Exchange Act Release No. 75246
(June 18, 2015), 80 FR 36388 (June 24, 2015) (SR–
FINRA–2015–018).
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Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices
sections, denoted Section 1 through
Section 3:
1. Options Investment Strategies, 34
questions;
2. Supervision of Sales Activities and
Trading Practices, 75 questions; and
3. Supervision of Employees,
Business Conduct, and Recordkeeping
and Reporting Requirements, 16
questions.
Each section also includes the
applicable laws, rules and regulations
associated with that section. The current
content outline also includes a preface
(addressing, among other things, the
purpose, administration and scoring of
the examination), sample questions and
reference materials.
mstockstill on DSK4VPTVN1PROD with NOTICES
Proposed Revisions
CBOE is proposing to divide the
content outline into six major job
functions that are performed by a
Registered Options Principal. The
following are the six major job
functions, denoted Function 1 through
Function 6, with the associated number
of questions:
Function 1: Supervise the Opening of
New Options Accounts, 21 questions;
Function 2: Supervise Options
Account Activities, 25 questions;
Function 3: Supervise General
Options Trading, 30 questions;
Function 4: Supervise Options
Communications, 9 questions;
Function 5: Implement Practices and
Adhere to Regulatory Requirements, 12
questions; and
Function 6: Supervise Associated
Persons and Personnel Management
Activities, 28 questions.
CBOE is proposing to adjust the
number of questions assigned to each
major job function to ensure that the
overall examination better reflects the
key tasks performed by a Registered
Options Principal. The questions on the
revised Series 4 examination will place
greater emphasis on key tasks such as
supervision of registered persons, sales
practices and compliance.
Each function also includes specific
tasks describing activities associated
with performing that function. There are
four tasks (1.1–1.4) associated with
Function 1; four tasks (2.1–2.4)
associated with Function 2; four tasks
(3.1–3.4) associated with Function 3;
four tasks (4.1–4.4) associated with
Function 4; two tasks (5.1–5.2)
associated with Function 5; and four
tasks (6.1–6.4) associated with Function
6.10 By way of example, one such task
(Task 4.2) is review options retail
10 See Exhibit 3, Outline Pages 6–22. The
Commission notes that Exhibit 3 is an exhibit to the
filing, not to this Notice.
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19:16 Oct 27, 2015
Jkt 238001
communications and determine
appropriate approval.11 Further, the
content outline lists the knowledge
required to perform each function and
associated tasks (e.g., types of retail
communications, required approvals).12
In addition, where applicable, the
content outline lists the laws, rules and
regulations a candidate is expected to
know to perform each function and
associated tasks. These include the
applicable FINRA Rules (e.g. FINRA
Rule 2220), NASD Rules (e.g., NASD
Rule 2711(i)), CBOE Rules (e.g., CBOE
Rule 9.21) and SEC rules (e.g., SEA Rule
135a).13 FINRA conducted a job analysis
study of Registered Options Principals,
which included the use of a survey, in
developing each function and associated
tasks and updating the required
knowledge set forth in the revised
content outline. The functions and
associated tasks, which appear in the
revised content outline for the first time,
reflect the day-to-day activities of a
Registered Options Principal.
As noted above, CBOE also is
proposing to revise the content outline
to reflect changes to the laws, rules and
regulations covered by the examination.
Among other revisions, CBOE is
proposing to revise the content outline
to reflect the adoption of rules in the
CBOE rulebook (for example CBOE Rule
3.6 (Persons Associated with TPH
Organizations; CBOE Rule 4.24
(Supervision); CBOE Rule 6.25
(Nullification and Adjustment of
Options Transactions including Obvious
Errors) and CBOE Rule 12.4 (Portfolio
Margin)
CBOE is proposing similar changes to
the Series 4 selection specifications and
question bank.
Finally, CBOE is proposing to make
changes to the format of the content
outline, including the preface, sample
questions and reference materials.
Among other changes, CBOE is
proposing to: (1) Add a table of
contents; 14 (2) provide more details
regarding the purpose of the
examination; 15 (3) provide more details
on the application procedures; 16 (4)
provide more details on the
development and maintenance of the
content outline and examination; 17 (5)
explain that the passing scores are
established by FINRA staff, in
consultation with a committee of
industry representatives, using a
11 See
Exhibit 3, Outline Page 15.
Exhibit 3, Outline Page 15.
13 See Exhibit 3, Outline Page 15.
14 See Exhibit 3, Outline Page 2.
15 See Exhibit 3, Outline Page 3.
16 See Exhibit 3, Outline Page 3.
17 See Exhibit 3, Outline Page 4.
12 See
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66073
standard setting procedure, and that a
statistical adjustment process known as
equating is used in scoring exams; 18
and (6) note that each candidate will
receive a score report at the end of the
test session, which will indicate a pass
or fail status and include a score profile
listing the candidate’s performance on
each major content area covered on the
examination.19
The number of questions on the Series
4 examination will remain at 125
multiple-choice questions,20 and
candidates will have 195 minutes to
complete the examination. The test time
will change from 180 minutes to 195
minutes because pretest items increased
from 5 items to 10 items. Currently, a
score of 70 percent is required to pass
the examination. The passing score will
change to 72 percent with the revised
Series 4 examination program.
Availability of Content Outline
The revised Series 4 content outline is
available on FINRA’s Web site, at
www.finra.org/brokerqualifications/
exams.
CBOE is filing the proposed rule
change for immediate effectiveness.
CBOE will announce the proposed rule
change in a Regulatory Circular.
2. Statutory Basis
CBOE believes that the proposed
revisions to the Series 4 examination
program are consistent with the
provisions of Section 6(b)(5) of the
Act,21 which requires, among other
things, that CBOE 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, and
Section 6(c)(3) of the Act,22 which
authorizes CBOE to prescribe standards
of training, experience, and competence
for persons associated with CBOE TPHs.
CBOE believes that the proposed
revisions will further these purposes by
updating the examination program to
reflect changes to the laws, rules and
regulations covered by the examination
and to incorporate the functions and
18 See
Exhibit 3, Outline Page 5.
Exhibit 3, Outline Page 5.
20 Consistent with FINRA’s practice of including
‘‘pretest’’ items on certain qualification
examinations, which is designed to ensure that new
examination items meet acceptable testing
standards prior to use for scoring purposes, the
examination includes 10 additional, unidentified
pretest items that do not contribute towards the
candidate’s score. Therefore, the examination
actually consists of 135 items, 125 of which are
scored. The 10 pretest items are randomly
distributed throughout the examination.
21 15 U.S.C. 78f(b)(5).
22 15 U.S.C. 78f(c)(3).
19 See
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66074
Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices
associated tasks currently performed by
a Registered Options Principal.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CBOE 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 updated
examination aligns with the functions
and associated tasks currently
performed by a Registered Options
Principal and tests knowledge of the
most current laws, rules, regulations
and skills relevant to those functions
and associated tasks. As such, the
proposed revisions would make the
examination more efficient and
effective.
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
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 23 and paragraph (f)(1) of Rule
19b–4 thereunder.24 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:
mstockstill on DSK4VPTVN1PROD with NOTICES
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–CBOE–2015–095 on the
subject line.
23 15
24 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(1).
VerDate Sep<11>2014
19:16 Oct 27, 2015
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–CBOE–2015–095. 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
a.m. and 3 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–CBOE–
2015–095 and should be submitted on
or before November 18, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.25
Brent J. Fields,
Secretary.
[FR Doc. 2015–27355 Filed 10–27–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
31878; File No. 812–14506]
Good Hill Partners LP and Good Hill
ETF Trust; Notice of Application
October 22, 2015.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of an application for an
order under section 6(c) of the
AGENCY:
25 17
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PO 00000
CFR 200.30–3(a)(12).
Frm 00092
Fmt 4703
Sfmt 4703
Investment Company Act of 1940 (the
‘‘Act’’) for an exemption from sections
2(a)(32), 5(a)(1), 22(d), and 22(e) of the
Act and rule 22c–1 under the Act, under
sections 6(c) and 17(b) of the Act for an
exemption from sections 17(a)(1) and
17(a)(2) of the Act, and under section
12(d)(1)(J) for an exemption from
sections 12(d)(1)(A) and 12(d)(1)(B) of
the Act.
Applicants
request an order that would permit (a)
series of certain open-end management
investment companies to issue shares
(‘‘Shares’’) redeemable in large
aggregations only (‘‘Creation Units’’); (b)
secondary market transactions in Shares
to occur at negotiated market prices
rather than at net asset value (‘‘NAV’’);
(c) certain series to pay redemption
proceeds, under certain circumstances,
more than seven days after the tender of
Shares for redemption; (d) certain
affiliated persons of the series to deposit
securities into, and receive securities
from, the series in connection with the
purchase and redemption of Creation
Units; and (e) certain registered
management investment companies and
unit investment trusts (‘‘UITs’’) outside
of the same group of investment
companies as the Underlying Funds
(defined below) to acquire shares of the
Underlying Funds.
APPLICANTS: Good Hill ETF Trust (the
‘‘Trust’’) and Good Hill Partners LP (the
‘‘Initial Adviser’’).
FILING DATES: The application was filed
on June 30, 2015 and amended on
October 16, 2015.
HEARING OR NOTIFICATION OF HEARING: An
order granting the application will be
issued unless the Commission orders a
hearing. Interested persons may request
a hearing by writing to the
Commission’s Secretary and serving
applicants with a copy of the request,
personally or by mail. Hearing requests
should be received by the Commission
by 5:30 p.m. on November 16, 2015 and
should be accompanied by proof of
service on the applicants, in the form of
an affidavit or for lawyers, a certificate
of service. Pursuant to rule 0–5 under
the Act, hearing requests should state
the nature of the writer’s interest, any
facts bearing upon the desirability of a
hearing on the matter, the reason for the
request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Commission’s Secretary.
ADDRESSES: Secretary, Securities and
Exchange Commission, 100 F Street NE.,
Washington, DC 20549–1090;
Applicants, Good Hill Partners LP, 1599
SUMMARY OF APPLICATION:
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Agencies
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 66072-66074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27355]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-76235; File No. SR-CBOE-2015-095]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to Revisions to the Registered Options
Principal Examination
October 22, 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 October 16, 2015, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') 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
CBOE. CBOE has designated the proposed rule change as ``constituting a
stated policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule'' under Section
19(b)(3)(A)(i) of the Act \3\ and Rule19b-4(f)(1) thereunder,\4\ 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\ 15 U.S.C. 78s(b)(3)(A)(i).
\4\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
CBOE is filing revisions to the content outline and selection
specifications for the Registered Options Principal (Series 4)
examination program.\5\ The proposed revisions update the material to
reflect changes to the laws, rules and regulations covered by the
examination and to incorporate the functions and associated tasks
currently performed by a Registered Options Principal. In addition,
CBOE is proposing to make changes to the format of the content outline.
CBOE is not proposing any textual changes to the By-Laws, Schedules to
the By-Laws or Rules of CBOE. CBOE is proposing these revisions to
adopt the revised Series 4 examination program of the Financial
Industry Regulatory Authority, Inc. (``FINRA''). FINRA currently
administers Series 4 examinations on behalf of CBOE.
---------------------------------------------------------------------------
\5\ CBOE is also proposing corresponding revisions to the Series
4 question bank. CBOE is submitting this filing for immediate
effectiveness pursuant to Section 19(b)(3)(A) of the act and Rule
19b-4(f)(1) thereunder.
---------------------------------------------------------------------------
The revised content outline is attached.\6\ The Series 4 selection
specifications were submitted to the Commission under separate cover by
FINRA. FINRA submitted the Series 4 selection specifications in
connection with a FINRA filing to revise its Series 4 Examination
Program.\7\ CBOE is in agreement with the selection specifications
submitted by FINRA.
---------------------------------------------------------------------------
\6\ The Commission notes that the revised content outline is
attached to the filing, not to this Notice. The content outline is
available as part of the filing on CBOE's Web site.
\7\ See Securities Exchange Act Release No. 75246 (June 18,
2015), 80 FR 36388 (June 24, 2015) (SR-FINRA-2015-018).
---------------------------------------------------------------------------
The text of the [sic] proposed rule change is available on the
Exchange's Web site (https://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 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
Section 6(c)(3) of the Act \8\ authorizes CBOE to prescribe
standards of training, experience, and competence for persons
associated with CBOE Trading Permit Holders (``TPH''). In accordance
with that provision, CBOE has developed examinations that are designed
to establish that persons associated with CBOE TPHs have attained
specified levels of competence and knowledge, consistent with
applicable registration requirements under CBOE rules. CBOE
periodically reviews the content of the examinations to determine
whether revisions are necessary or appropriate in view of changes
pertaining to the subject matter covered by the examinations.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(c)(3).
---------------------------------------------------------------------------
CBOE Rule 9.2 states that no TPH organization shall be approved to
transact options business with the public until those persons
associated with it who are designated as Options Principals have been
approved by and registered with the Exchange. Rule 9.2 states that
persons engaged in the supervision of options sales practices or a
person to who the designated general partner or executive officer or
another Registered Options Principal delegates the authority to
supervise options sales practices shall be designated as Options
Principals. CBOE Rule 9.2 further requires successful completion of an
examination prescribed by the Exchange in order to qualify for
registration as an Options Principal. The Series 4 examination, an
industry-wide examination, has been designed for this purpose, and
tests a candidate's knowledge of options trading generally, the
industry rules applicable to trading of option contracts, and the rules
of registered clearing agencies for options. The Series 4 examination
covers, among other things, equity options, foreign currency options,
and index options.
In consultation with a committee of industry representatives,
including representatives from CBOE, FINRA recently undertook a review
of the Series 4 examination program. As a result of this review, FINRA
filed revisions to the content outline to reflect changes to the laws,
rules and regulations covered by the examination and to incorporate the
functions and associated tasks currently performed by a Registered
Options Principal. FINRA also made changes to the format of the content
outline.\9\ CBOE is filing these changes to adopt FINRA's revised
Series 4 examination program.
---------------------------------------------------------------------------
\9\ See Securities Exchange Act Release No. 75246 (June 18,
2015), 80 FR 36388 (June 24, 2015) (SR-FINRA-2015-018).
---------------------------------------------------------------------------
Current Content Outline
The current content outline is divided into three sections. The
following are the three sections and the number of questions associated
with each of the
[[Page 66073]]
sections, denoted Section 1 through Section 3:
1. Options Investment Strategies, 34 questions;
2. Supervision of Sales Activities and Trading Practices, 75
questions; and
3. Supervision of Employees, Business Conduct, and Recordkeeping
and Reporting Requirements, 16 questions.
Each section also includes the applicable laws, rules and
regulations associated with that section. The current content outline
also includes a preface (addressing, among other things, the purpose,
administration and scoring of the examination), sample questions and
reference materials.
Proposed Revisions
CBOE is proposing to divide the content outline into six major job
functions that are performed by a Registered Options Principal. The
following are the six major job functions, denoted Function 1 through
Function 6, with the associated number of questions:
Function 1: Supervise the Opening of New Options Accounts, 21
questions;
Function 2: Supervise Options Account Activities, 25 questions;
Function 3: Supervise General Options Trading, 30 questions;
Function 4: Supervise Options Communications, 9 questions;
Function 5: Implement Practices and Adhere to Regulatory
Requirements, 12 questions; and
Function 6: Supervise Associated Persons and Personnel Management
Activities, 28 questions.
CBOE is proposing to adjust the number of questions assigned to
each major job function to ensure that the overall examination better
reflects the key tasks performed by a Registered Options Principal. The
questions on the revised Series 4 examination will place greater
emphasis on key tasks such as supervision of registered persons, sales
practices and compliance.
Each function also includes specific tasks describing activities
associated with performing that function. There are four tasks (1.1-
1.4) associated with Function 1; four tasks (2.1-2.4) associated with
Function 2; four tasks (3.1-3.4) associated with Function 3; four tasks
(4.1-4.4) associated with Function 4; two tasks (5.1-5.2) associated
with Function 5; and four tasks (6.1-6.4) associated with Function
6.\10\ By way of example, one such task (Task 4.2) is review options
retail communications and determine appropriate approval.\11\ Further,
the content outline lists the knowledge required to perform each
function and associated tasks (e.g., types of retail communications,
required approvals).\12\ In addition, where applicable, the content
outline lists the laws, rules and regulations a candidate is expected
to know to perform each function and associated tasks. These include
the applicable FINRA Rules (e.g. FINRA Rule 2220), NASD Rules (e.g.,
NASD Rule 2711(i)), CBOE Rules (e.g., CBOE Rule 9.21) and SEC rules
(e.g., SEA Rule 135a).\13\ FINRA conducted a job analysis study of
Registered Options Principals, which included the use of a survey, in
developing each function and associated tasks and updating the required
knowledge set forth in the revised content outline. The functions and
associated tasks, which appear in the revised content outline for the
first time, reflect the day-to-day activities of a Registered Options
Principal.
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\10\ See Exhibit 3, Outline Pages 6-22. The Commission notes
that Exhibit 3 is an exhibit to the filing, not to this Notice.
\11\ See Exhibit 3, Outline Page 15.
\12\ See Exhibit 3, Outline Page 15.
\13\ See Exhibit 3, Outline Page 15.
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As noted above, CBOE also is proposing to revise the content
outline to reflect changes to the laws, rules and regulations covered
by the examination. Among other revisions, CBOE is proposing to revise
the content outline to reflect the adoption of rules in the CBOE
rulebook (for example CBOE Rule 3.6 (Persons Associated with TPH
Organizations; CBOE Rule 4.24 (Supervision); CBOE Rule 6.25
(Nullification and Adjustment of Options Transactions including Obvious
Errors) and CBOE Rule 12.4 (Portfolio Margin)
CBOE is proposing similar changes to the Series 4 selection
specifications and question bank.
Finally, CBOE is proposing to make changes to the format of the
content outline, including the preface, sample questions and reference
materials. Among other changes, CBOE is proposing to: (1) Add a table
of contents; \14\ (2) provide more details regarding the purpose of the
examination; \15\ (3) provide more details on the application
procedures; \16\ (4) provide more details on the development and
maintenance of the content outline and examination; \17\ (5) explain
that the passing scores are established by FINRA staff, in consultation
with a committee of industry representatives, using a standard setting
procedure, and that a statistical adjustment process known as equating
is used in scoring exams; \18\ and (6) note that each candidate will
receive a score report at the end of the test session, which will
indicate a pass or fail status and include a score profile listing the
candidate's performance on each major content area covered on the
examination.\19\
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\14\ See Exhibit 3, Outline Page 2.
\15\ See Exhibit 3, Outline Page 3.
\16\ See Exhibit 3, Outline Page 3.
\17\ See Exhibit 3, Outline Page 4.
\18\ See Exhibit 3, Outline Page 5.
\19\ See Exhibit 3, Outline Page 5.
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The number of questions on the Series 4 examination will remain at
125 multiple-choice questions,\20\ and candidates will have 195 minutes
to complete the examination. The test time will change from 180 minutes
to 195 minutes because pretest items increased from 5 items to 10
items. Currently, a score of 70 percent is required to pass the
examination. The passing score will change to 72 percent with the
revised Series 4 examination program.
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\20\ Consistent with FINRA's practice of including ``pretest''
items on certain qualification examinations, which is designed to
ensure that new examination items meet acceptable testing standards
prior to use for scoring purposes, the examination includes 10
additional, unidentified pretest items that do not contribute
towards the candidate's score. Therefore, the examination actually
consists of 135 items, 125 of which are scored. The 10 pretest items
are randomly distributed throughout the examination.
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Availability of Content Outline
The revised Series 4 content outline is available on FINRA's Web
site, at www.finra.org/brokerqualifications/exams.
CBOE is filing the proposed rule change for immediate
effectiveness. CBOE will announce the proposed rule change in a
Regulatory Circular.
2. Statutory Basis
CBOE believes that the proposed revisions to the Series 4
examination program are consistent with the provisions of Section
6(b)(5) of the Act,\21\ which requires, among other things, that CBOE
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, and Section
6(c)(3) of the Act,\22\ which authorizes CBOE to prescribe standards of
training, experience, and competence for persons associated with CBOE
TPHs. CBOE believes that the proposed revisions will further these
purposes by updating the examination program to reflect changes to the
laws, rules and regulations covered by the examination and to
incorporate the functions and
[[Page 66074]]
associated tasks currently performed by a Registered Options Principal.
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\21\ 15 U.S.C. 78f(b)(5).
\22\ 15 U.S.C. 78f(c)(3).
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B. Self-Regulatory Organization's Statement on Burden on Competition
CBOE 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 updated examination aligns
with the functions and associated tasks currently performed by a
Registered Options Principal and tests knowledge of the most current
laws, rules, regulations and skills relevant to those functions and
associated tasks. As such, the proposed revisions would make the
examination more efficient and effective.
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
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \23\ and paragraph (f)(1) of Rule 19b-4
thereunder.\24\ 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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\23\ 15 U.S.C. 78s(b)(3)(A).
\24\ 17 CFR 240.19b-4(f)(1).
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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-CBOE-2015-095 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-CBOE-2015-095. 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
a.m. and 3 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-CBOE-2015-095 and should be
submitted on or before November 18, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
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\25\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-27355 Filed 10-27-15; 8:45 am]
BILLING CODE 8011-01-P