Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Series 9/10 Examination Program, 51949-51951 [2016-18568]
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Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
or conditioned request to become or
continue as a Participant or to associate
with a Participant is reasonable because
it provides a fair procedure for the
Participants and persons associated
with Participants pursuant to Rule
11000 (Summary Suspension).
The Exchange also believes the
proposed rule change regarding the
waiver of the provisions of Rule 2040
will better enable the Exchange to focus
Exchange resources on other matters
while another SRO or similar
association is determining whether to
permit a Participant or associated
person to become or continue being a
Participant or associated person on the
exchange.
Lastly, the Exchange believes that
amending the language in BOX Rule
2040(a)(3) is appropriate, as the added
language which defers to the Exchange
Act for a particular definition, will add
clarity to the rules. Further, the
Exchange believes is it reasonable to
remove obsolete language in BOX Rule
2040(a)(3) because the Exchange is
eliminating any potential for confusion
by simplifying the Exchange Rules,
ensuring that Participants, regulators,
and the public can more easily navigate
the Exchange’s Rulebook.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received comments on the proposed
rule change.
mstockstill on DSK3G9T082PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
(a) This proposed rule change is filed
pursuant to paragraph (A) of section
19(b)(3) of the Exchange Act 9 and Rule
19b–4(f)(6) thereunder.10
(b) This proposed rule change does
not significantly affect the protection of
investors or the public interest, does not
impose any significant burden on
competition, and, by its terms, does not
become operative for 30 days after the
date of the filing, or such shorter time
as the Commission may designate, it has
become effective pursuant to section
9 15
U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(6).
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19(b)(3)(A) of the Act and Rule 19b–
4(f)(6) 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 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:
51949
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–BOX–2016–26 and should
be submitted on or before August 26,
2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–18567 Filed 8–4–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78405; File No. SR–BX–
2016–044]
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–
BOX–2016–26 on the subject line.
Self-Regulatory Organizations;
NASDAQ BX, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Update Public
Disclosure of Exchange Usage of
Market Data
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–BOX–2016–26. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, on official business
days between the hours of 10:00 a.m.
and 3:00 p.m., located at 100 F Street
NE., Washington, DC 20549. Copies of
such filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
Correction
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
July 25, 2016.
In notice document 2016–17908
appearing on pages 50041–50042 in the
issue of July 29, 2016, make the
following correction:
On page 50041, in the first column,
the File No. in the heading is corrected
to read as set forth above.
[FR Doc. C1–2016–17908 Filed 8–4–16; 8:45 am]
BILLING CODE 1505–01–D
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78450; File No. SR–CBOE–
2016–051)
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Relating to the Series 9/
10 Examination Program
August 1, 2016.
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 July 27,
2016, Chicago Board Options Exchange,
Incorporated (the ‘‘Exchange’’ or
‘‘CBOE’’) filed with the Securities and
11 17
CFR 200.30–3(a)(12).
15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1
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51950
Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
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
Rule 19b–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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
CBOE is filing a proposal to adopt
revisions to the content outline and
selection specifications for the General
Securities Sales Supervisor (Series 9/10)
examination program.5 The 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 General
Securities Sales Supervisor. In addition,
CBOE is proposing to adopt 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 9/10 examination program of the
Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’). FINRA
currently administers Series 9/10
examinations on behalf of CBOE (and
other self-regulatory organizations).
The revised content outline is
attached.6 The Series 9/10 selection
specifications were submitted to the
Commission under separate cover by
FINRA. FINRA submitted the Series 9/
10 selection specifications in
connection with a FINRA filing to revise
its Series 9/10 Examination Program.7
CBOE is in agreement with the selection
specifications submitted by FINRA.
15 U.S.C. 78s(b)(3)(A)(i).
17 CFR 240.19b–4(f)(1).
5 CBOE is also proposing corresponding revisions
made by FINRA to the Series 9/10 question bank.
CBOE is submitting this filing for immediate
effectiveness pursuant to Section 19(b)(3)(A) of the
act [sic] and Rule 19b–4(f)(1) thereunder.
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. 76812
(December 31, 2015), 81 FR 834 (January 7, 2016)
(SR–FINRA–2015–058).
3
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4
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The text of the 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, in consultation
with a committee of industry
representatives, has advised FINRA in
developing 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, in
consultation with a committee of
industry representatives, 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, in relevant part,
states, ‘‘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.
Persons engaged in the supervision of
options sales practices or a person to
whom the designated general partner or
executive officer (pursuant to Rule 9.8)
or another Registered Options Principal
delegates the authority to supervise
8
PO 00000
15 U.S.C. 78f(c)(3).
Frm 00111
Fmt 4703
Sfmt 4703
options sales practices shall be
designated as Options Principals.’’ 9
CBOE Rule 9.2, Interpretation and
Policy .01 further states: ‘‘Individuals
engaged in the supervision of options
sales practices and designated as
Options Principals are required to
qualify as an Options Principal by
passing the Registered Options
Principals Examination (Series 4) or the
Sales Supervision Examination (Series
9/10).’’ 10 The Exchange notes that, with
the Series 9/10 examination, an
individual is only qualified to supervise
sales activities. The scope of
responsibility associated with the Series
4 is broader. In that regard, CBOE Rule
9.2, Interpretation and Policy .02 states:
‘‘Individuals who are delegated
responsibility pursuant to Rule 9.8 for
reviewing the acceptance of
discretionary accounts, for approving
exceptions to a TPH organization’s
criteria or standards for uncovered
options accounts, and for approval of
communications, shall be designated as
Options Principals and are required to
qualify as an Options Principal by
passing the Registered Options Principal
Examination (Series 4).’’ 11
In consultation with a committee of
industry representatives, including
representatives from CBOE, FINRA
recently undertook a review of the
Series 9/10 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 General Securities Sales Supervisor.
FINRA also made changes to the format
of the content outline.12 CBOE is filing
this rule change to reflect CBOE’s
adoption of the revisions to the Series
9/10 examination program that were
filed by FINRA.
CBOE is proposing to adopt the
revised Series 9/10 content outline, as
revised by FINRA. FINRA revised the
content outline to reflect changes to the
laws, rules and regulations covered by
the examination. The revised content
outline is now divided into two parts
with eight major job functions that are
performed by a General Securities Sales
Supervisor. The functions and
9
See CBOE Rule 9.2.
See CBOE Rule 9.2 Interpretation and Policy
10
.01.
11 See CBOE Rule 9.2 Interpretation and Policy
.02. CBOE Rule 9.8 pertains to the supervision of
accounts and includes provisions on the duty to
supervise, maintenance of customer records,
internal controls, annual branch office inspections,
risk-based surveillance and branch office
identification, criteria for inspection programs,
written reports, and reports to control persons.
12 See SR–FINRA–2015–058, note 4 [sic], supra.
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Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
associated tasks, which appear in the
revised content outline, reflect the dayto-day activities of a General Securities
Sales Supervisor. CBOE is also
proposing to adopt the changes made by
FINRA to the format of the content
outline, including the preface, sample
questions and reference materials.
FINRA also adjusted the number of
examination questions assigned to each
major job function to ensure that the
overall examination better reflects the
key tasks performed by a General
Securities Sales Supervisor. The
questions on the revised Series 9/10
examination will place greater emphasis
on key tasks such as supervision of
registered persons, sales practices and
compliance. CBOE is proposing to adopt
these revisions related to the Series 9/
10 examination questions.
Finally, CBOE is proposing to adopt
the changes made by FINRA to the
Series 9/10 selection specifications and
question bank.
Availability of Content Outline
The revised Series 9/10 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.
mstockstill on DSK3G9T082PROD with NOTICES
2. Statutory Basis
CBOE believes that the proposed
revisions to the Series 9/10 examination
program are consistent with the
provisions of Section 6(b)(5) of the
Act,13 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,14 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
associated tasks currently performed by
a General Securities Sales Supervisor.
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 General Securities Sales
Supervisor 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 15 and paragraph (f)(1) of Rule
19b–4 thereunder.16 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–
CBOE–2016–051 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–CBOE–2016–051. 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–CBOE–
2016–051 and should be submitted on
or before August 26, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–18568 Filed 8–4–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78452; File No. SR–
BatsEDGX–2016–33]
Self-Regulatory Organizations; Bats
EDGX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Adopt an
Options Regulatory Fee
August 1, 2016.
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 July 20,
2016, Bats EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
17 CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
17
15 U.S.C. 78f(b)(5).
14 15 U.S.C. 78f(c)(3).
15 U.S.C. 78s(b)(3)(A).
16 17 CFR 240.19b–4(f)(1).
13
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51951
1 15
E:\FR\FM\05AUN1.SGM
05AUN1
Agencies
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51949-51951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18568]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-78450; File No. SR-CBOE-2016-051)
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to the Series 9/10 Examination Program
August 1, 2016.
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 July 27, 2016, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and
[[Page 51950]]
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 Rule 19b-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 a proposal to adopt revisions to the content outline
and selection specifications for the General Securities Sales
Supervisor (Series 9/10) examination program.\5\ The 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 General Securities Sales
Supervisor. In addition, CBOE is proposing to adopt 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 9/10
examination program of the Financial Industry Regulatory Authority,
Inc. (``FINRA''). FINRA currently administers Series 9/10 examinations
on behalf of CBOE (and other self-regulatory organizations).
---------------------------------------------------------------------------
\5\ CBOE is also proposing corresponding revisions made by FINRA
to the Series 9/10 question bank. CBOE is submitting this filing for
immediate effectiveness pursuant to Section 19(b)(3)(A) of the act
[sic] and Rule 19b-4(f)(1) thereunder.
---------------------------------------------------------------------------
The revised content outline is attached.\6\ The Series 9/10
selection specifications were submitted to the Commission under
separate cover by FINRA. FINRA submitted the Series 9/10 selection
specifications in connection with a FINRA filing to revise its Series
9/10 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. 76812 (December 31,
2015), 81 FR 834 (January 7, 2016) (SR-FINRA-2015-058).
---------------------------------------------------------------------------
The text of the 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, in consultation with a committee of industry
representatives, has advised FINRA in developing 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, in
consultation with a committee of industry representatives, 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, in relevant part, states, ``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.
Persons engaged in the supervision of options sales practices or a
person to whom the designated general partner or executive officer
(pursuant to Rule 9.8) or another Registered Options Principal
delegates the authority to supervise options sales practices shall be
designated as Options Principals.'' \9\
---------------------------------------------------------------------------
\9\ See CBOE Rule 9.2.
---------------------------------------------------------------------------
CBOE Rule 9.2, Interpretation and Policy .01 further states:
``Individuals engaged in the supervision of options sales practices and
designated as Options Principals are required to qualify as an Options
Principal by passing the Registered Options Principals Examination
(Series 4) or the Sales Supervision Examination (Series 9/10).'' \10\
The Exchange notes that, with the Series 9/10 examination, an
individual is only qualified to supervise sales activities. The scope
of responsibility associated with the Series 4 is broader. In that
regard, CBOE Rule 9.2, Interpretation and Policy .02 states:
``Individuals who are delegated responsibility pursuant to Rule 9.8 for
reviewing the acceptance of discretionary accounts, for approving
exceptions to a TPH organization's criteria or standards for uncovered
options accounts, and for approval of communications, shall be
designated as Options Principals and are required to qualify as an
Options Principal by passing the Registered Options Principal
Examination (Series 4).'' \11\
---------------------------------------------------------------------------
\10\ See CBOE Rule 9.2 Interpretation and Policy .01.
\11\ See CBOE Rule 9.2 Interpretation and Policy .02. CBOE Rule
9.8 pertains to the supervision of accounts and includes provisions
on the duty to supervise, maintenance of customer records, internal
controls, annual branch office inspections, risk-based surveillance
and branch office identification, criteria for inspection programs,
written reports, and reports to control persons.
---------------------------------------------------------------------------
In consultation with a committee of industry representatives,
including representatives from CBOE, FINRA recently undertook a review
of the Series 9/10 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
General Securities Sales Supervisor. FINRA also made changes to the
format of the content outline.\12\ CBOE is filing this rule change to
reflect CBOE's adoption of the revisions to the Series 9/10 examination
program that were filed by FINRA.
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\12\ See SR-FINRA-2015-058, note 4 [sic], supra.
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CBOE is proposing to adopt the revised Series 9/10 content outline,
as revised by FINRA. FINRA revised the content outline to reflect
changes to the laws, rules and regulations covered by the examination.
The revised content outline is now divided into two parts with eight
major job functions that are performed by a General Securities Sales
Supervisor. The functions and
[[Page 51951]]
associated tasks, which appear in the revised content outline, reflect
the day-to-day activities of a General Securities Sales Supervisor.
CBOE is also proposing to adopt the changes made by FINRA to the format
of the content outline, including the preface, sample questions and
reference materials.
FINRA also adjusted the number of examination questions assigned to
each major job function to ensure that the overall examination better
reflects the key tasks performed by a General Securities Sales
Supervisor. The questions on the revised Series 9/10 examination will
place greater emphasis on key tasks such as supervision of registered
persons, sales practices and compliance. CBOE is proposing to adopt
these revisions related to the Series 9/10 examination questions.
Finally, CBOE is proposing to adopt the changes made by FINRA to
the Series 9/10 selection specifications and question bank.
Availability of Content Outline
The revised Series 9/10 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 9/10
examination program are consistent with the provisions of Section
6(b)(5) of the Act,\13\ 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,\14\ 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 associated tasks currently performed by a
General Securities Sales Supervisor.
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\13\ 15 U.S.C. 78f(b)(5).
\14\ 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
General Securities Sales Supervisor 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 \15\ and paragraph (f)(1) of Rule 19b-4
thereunder.\16\ 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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\15\ 15 U.S.C. 78s(b)(3)(A).
\16\ 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-2016-051 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-CBOE-2016-051. 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-CBOE-2016-051 and should be
submitted on or before August 26, 2016.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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\17\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-18568 Filed 8-4-16; 8:45 am]
BILLING CODE 8011-01-P