Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing of Proposed Rule Change To Shorten the Standard Settlement Cycle From Three Business Days After the Trade Date to Two Business Days After the Trade Date, 18800-18802 [2017-08057]
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18800
Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices
burden on competition is extremely
limited.
In this instance, the proposed changes
to the charges assessed and credits
available to members for execution of
securities in securities of all three Tapes
do not impose a burden on competition
because the Exchange’s execution
services are completely voluntary and
subject to extensive competition both
from other exchanges and from offexchange venues. The proposed
expansion of the zero credit tier is not
a burden on competition because the
Exchange has limited resources to apply
as credits and such resources must be
applied in a manner that the Exchange
believes will best improve market
quality thereon. The Exchange believes
that providing credits to members that
are already receiving price improvement
is not the most efficient allocation of
such limited resources, since such
Orders do not need to be incentivized.
As a consequence, the Exchange
believes that offering such executions at
no cost will not place a burden on
competition, but rather will allow the
Exchange to apply its limited resources
to other areas wherein it can promote
market-improving behavior by its
participants. Thus, the proposed
changes have the potential to make the
Exchange a more attractive trading
venue, and consequently may promote
competition among markets. In sum, if
the changes proposed herein are
unattractive to market participants, it is
likely that the Exchange will lose
market share as a result. Accordingly,
the Exchange does not believe that the
proposed changes will impair the ability
of members or competing Order
execution venues to maintain their
competitive standing in the financial
markets.
sradovich on DSK3GMQ082PROD with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or 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)(ii) of the Act.12
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is: (i) Necessary or appropriate in
the public interest; (ii) for the protection
12 15
U.S.C. 78s(b)(3)(A)(ii).
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Jkt 241001
of investors; or (iii) 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:
• 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–
BX–2017–020 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–BX–2017–020. 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–BX–
Frm 00073
Fmt 4703
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Brent J. Fields,
Secretary.
[FR Doc. 2017–08063 Filed 4–20–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80467; File No. SR–CHX–
2017–06]
Electronic Comments
PO 00000
2017–020 and should be submitted on
or before May 12, 2017.
Sfmt 4703
Self-Regulatory Organizations;
Chicago Stock Exchange, Inc.; Notice
of Filing of Proposed Rule Change To
Shorten the Standard Settlement Cycle
From Three Business Days After the
Trade Date to Two Business Days After
the Trade Date
April 17, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 6,
2017, the Chicago Stock Exchange, Inc.
(‘‘CHX’’ or ‘‘Exchange’’) 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 self-regulatory organization. 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
CHX proposes to amend Articles 1
and 9 of the Rules of the Exchange
(‘‘CHX Rules’’) to conform to an
amendment to Securities Exchange Act
Rule 15c6–1(a) 3 to shorten the standard
settlement cycle from three business
days after the trade date (‘‘T+3’’) to two
business days after the trade date
(‘‘T+2’’). The text of this proposed rule
change is available on the Exchange’s
Web site at https://www.chx.com/
regulatory-operations/rule-filings/, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 17 CFR 240.15c6–1(a).
1 15
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Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices
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
self-regulatory organization 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 those 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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
Article 1, Rule 2(e) and Article 9, Rule
7 to conform to an amendment to
Securities Exchange Act Rule 15c6–
1(a) 4 to shorten the standard settlement
cycle from T+3 to T+2. The operative
date of the proposed rule change is
September 5, 2017.
Background
In 1993, the Commission adopted
Securities Exchange Act Rule 15c6–
1(a),5 which established three business
days after trade date instead of five
business days (‘‘T+5’’), as the standard
trade settlement cycle for most
securities transactions. The rule became
effective in June 1995.6 In March 1995,
the Exchange amended its rules to be
consistent with the T+3 settlement cycle
for securities transactions.7
On September 28, 2016, the SEC
proposed amendments to Rule 15c6–
1(a) to shorten the standard settlement
cycle from T+3 to T+2 on the basis that
the shorter settlement cycle would
reduce the risks that arise from the
value and number of unsettled
securities transactions prior to
completion of settlement, including
credit, market and liquidity risk faced
by U.S. market participants.8 The
id; see also infra notes 8 and 9.
CFR 240.15c6–1(a).
6 See Securities Exchange Act Release Nos. 33023
(October 6, 1993), 58 FR 52891 (order adopting Rule
15c6–1); see also Securities Exchange Act Release
No. 34952 (November 9, 1994), 59 FR 59137 (order
changing the effective date from June 1, 1995, to
June 7, 1995).
7 See Securities Exchange Act Release No. 35554
(March 31, 1995), 60 FR 17597 (April 6, 1995); see
also Securities Exchange Act Release No. 35155
(December 27, 1994), 60 FR 517 (January 4, 1995)
(SR–CHX–94–26).
8 See SEC Press Release 2016–200: ‘‘SEC Proposes
Rule Amendment to Expedite Process for Settling
Securities Transactions’’ (September 28, 2016).
proposed rule amendment was
published for comment in the Federal
Register on October 5, 2016.9 On March
22, 2017, the SEC adopted the proposed
rule amendment and set a Rule 15c6–
1(a) compliance date of September 5,
2017.10
In light of this action by the SEC, the
Exchange proposes to amend CHX Rules
to reflect ‘‘regular way’’ settlement as
occurring on T+2.11
Proposed Rule Change
The Exchange proposes to amend
Article 1, Rule 2(e) and Article 9, Rule
7 to reflect a T+2 settlement cycle.
Except for changes reflecting the
shortened settlement period, the
Exchange does not propose any other
amendments to the CHX Rules.
Current Article 1, Rule 2(e)(1)
provides, in pertinent part, that
‘‘Regular Way Settlement’’ means a
transaction for delivery on the third full
business day following the day of the
contract. The Exchange proposes an
amendment to change ‘‘third full
business day’’ to ‘‘second full business
day.’’
Current Article 1, Rule 2(e)(2)(C)
provides that ‘‘Seller’s Option’’ means
transaction for delivery within the time
specified in the option, which time shall
not be less than four (4) full business
days nor more than 60 days following
the day of the contract; except that the
Exchange may provide otherwise in
specific issues of stocks or classes of
stocks. The Exchange proposes an
amendment to change ‘‘four (4) full
business days’’ to ‘‘three (3) full
business days.’’
Current Article 9, Rule 7(a) provides,
in pertinent part, that transactions in
stocks, except as provided below, shall
be ex-dividend or ex-rights two full
business days immediately preceding
the date of record fixed by the
corporation for the determination of
stockholders entitled to receive such
dividends or rights, except: (1) When
such record date occurs upon a holiday
or half-holiday, transactions in the stock
shall be ex-dividend or ex-rights three
full business days immediately
4 See
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5 17
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9 See Securities Exchange Act Release No. 78962
(September 28, 2016), 81 FR 69240 (October 5,
2016) (File No. S7–22–16) (‘‘SEC Proposing
Release’’).
10 See Securities Exchange Act Relesae [sic] No.
80295 (March 22, 2017), 82 FR 15564 (March 29,
2017) (‘‘SEC Adopting Release’’).
11 In December 2016, the New York Stock
Exchange (‘‘NYSE’’) also filed a rule change to
reflect ‘‘regular way’’ settlement as occurring on
T+2. See Securities Exchange Act Release No.
80021 (February 10, 2017), 82 FR 10931 (February
16, 2017); see also Securities Exchange Act Release
No. 79659 (December 22, 2016), 81 FR 96076
(December 29, 2016) (SR–NYSE–2016–87).
PO 00000
Frm 00074
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18801
preceding the record date. The
Exchange proposes amendments to
change ‘‘two full business days’’ to
‘‘business day’’ under Rule 7(a) and
‘‘three full business days’’ to ‘‘two full
business days’’ under Rule 7(a)(1).
Current Article 9, Rule 7(b) provides,
in pertinent part, that transactions in
securities which have subscription
warrants attached (except those made
for ‘‘cash’’) shall be ex-warrants on the
second full business day preceding the
date of expiration of the warrants,
except: (1) When the day of expiration
occurs on a holiday or Sunday, said
transactions shall be ex-warrants on the
third full business day preceding said
day of expiration. The Exchange
proposes amendments to change
‘‘second full business day’’ to ‘‘business
day’’ under Rule 7(b) and ‘‘third full
business day’’ to ‘‘second full business
day’’ under Rule 7(b)(1).
As noted above, the Exchange
proposes to make the proposed rule
change operative on September 5, 2017,
which is the compliance date for the
amendment to Rule 15c6–1(a) set by the
SEC.12
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,13 in general, and
furthers the objectives of Section 6(b)(5)
of the Act,14 in particular, because it is
designed to prevent fraudulent and
manipulative acts and practices,
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 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.
In particular, the Exchange believes
that the proposed rule change supports
the industry-led initiative to shorten the
settlement cycle to two business days.
Moreover, the proposed rule change is
consistent with the SEC’s amendment to
Securities Exchange Act Rule 15c6–1(a)
to require standard settlement no later
than T+2. The Exchange believes that
the proposed rule change will provide
the regulatory certainty to facilitate the
industry-led move to a T+2 settlement
cycle. Further, the Exchange believes
that, by shortening the time period for
settlement of most securities
transactions, the proposed rule change
would protect investors and the public
12 See
supra note 10.
U.S.C. 78f(b).
14 15 U.S.C. 78f(b)(5).
13 15
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Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices
interest by reducing the number of
unsettled trades in the clearance and
settlement system at any given time,
thereby reducing the risk inherent in
settling securities transactions to
clearing corporations, their members
and public investors. The Exchange also
believes that the proposed operative
date for the proposed rule change of
September 5, 2017 would remove
impediments to and perfect the
mechanisms of a free and open market
and a national market system as it is
identical to the compliance date for the
amendment to Rule 15c6–1(a) set by the
SEC.15
organization consents, the Commission
will:
A. By order approve or disapprove the
proposed rule change, or
B. Institute proceedings to determine
whether the proposed rule change
should be disapproved.
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 that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed change is not designed to
address any competitive issue, but
rather facilitate the industry’s transition
to a T+2 regular way settlement cycle.
The Exchange also believes that the
proposed rule change will serve to
promote clarity and consistency,
thereby reducing burdens on the
marketplace and facilitating investor
protection. Moreover, the proposed rule
change is consistent with the SEC’s
amendment to Securities Exchange Act
Rule 15c6–1(a) to require standard
settlement no later than T+2.
Accordingly, the Exchange believes that
the proposed changes do not impose
any burdens on the industry in addition
to those necessary to implement
amendments to Securities Exchange Act
Rule 15c6–1(a) as described and
enumerated in the SEC Proposing
Release.16
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–
CHX–2017–06 on the subject line.
sradovich on DSK3GMQ082PROD with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the self-regulatory
15 See
supra note 10.
16 See supra note 9.
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17:30 Apr 20, 2017
Jkt 241001
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:
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–CHX–2017–06. 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–CHX–
2017–06, and should be submitted on or
before May 12, 2017.
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Brent J. Fields,
Secretary.
[FR Doc. 2017–08057 Filed 4–20–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–80470; File No. SR–CBOE–
2017–030]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend the MDX Fees
Schedule
April 17, 2017.
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 3,
2017, 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 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
Chicago Board Options Exchange,
Incorporated (the ‘‘Exchange’’ or
‘‘CBOE’’) proposes to amend its MDX
fees schedule. 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
17 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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Agencies
[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18800-18802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08057]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-80467; File No. SR-CHX-2017-06]
Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change To Shorten the Standard
Settlement Cycle From Three Business Days After the Trade Date to Two
Business Days After the Trade Date
April 17, 2017.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 6, 2017, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') 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 self-regulatory
organization. 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.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
CHX proposes to amend Articles 1 and 9 of the Rules of the Exchange
(``CHX Rules'') to conform to an amendment to Securities Exchange Act
Rule 15c6-1(a) \3\ to shorten the standard settlement cycle from three
business days after the trade date (``T+3'') to two business days after
the trade date (``T+2''). The text of this proposed rule change is
available on the Exchange's Web site at https://www.chx.com/regulatory-operations/rule-filings/, at the principal office of the Exchange, and
at the Commission's Public Reference Room.
---------------------------------------------------------------------------
\3\ 17 CFR 240.15c6-1(a).
---------------------------------------------------------------------------
[[Page 18801]]
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 self-regulatory organization
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 those 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 parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Article 1, Rule 2(e) and Article 9,
Rule 7 to conform to an amendment to Securities Exchange Act Rule 15c6-
1(a) \4\ to shorten the standard settlement cycle from T+3 to T+2. The
operative date of the proposed rule change is September 5, 2017.
---------------------------------------------------------------------------
\4\ See id; see also infra notes 8 and 9.
---------------------------------------------------------------------------
Background
In 1993, the Commission adopted Securities Exchange Act Rule 15c6-
1(a),\5\ which established three business days after trade date instead
of five business days (``T+5''), as the standard trade settlement cycle
for most securities transactions. The rule became effective in June
1995.\6\ In March 1995, the Exchange amended its rules to be consistent
with the T+3 settlement cycle for securities transactions.\7\
---------------------------------------------------------------------------
\5\ 17 CFR 240.15c6-1(a).
\6\ See Securities Exchange Act Release Nos. 33023 (October 6,
1993), 58 FR 52891 (order adopting Rule 15c6-1); see also Securities
Exchange Act Release No. 34952 (November 9, 1994), 59 FR 59137
(order changing the effective date from June 1, 1995, to June 7,
1995).
\7\ See Securities Exchange Act Release No. 35554 (March 31,
1995), 60 FR 17597 (April 6, 1995); see also Securities Exchange Act
Release No. 35155 (December 27, 1994), 60 FR 517 (January 4, 1995)
(SR-CHX-94-26).
---------------------------------------------------------------------------
On September 28, 2016, the SEC proposed amendments to Rule 15c6-
1(a) to shorten the standard settlement cycle from T+3 to T+2 on the
basis that the shorter settlement cycle would reduce the risks that
arise from the value and number of unsettled securities transactions
prior to completion of settlement, including credit, market and
liquidity risk faced by U.S. market participants.\8\ The proposed rule
amendment was published for comment in the Federal Register on October
5, 2016.\9\ On March 22, 2017, the SEC adopted the proposed rule
amendment and set a Rule 15c6-1(a) compliance date of September 5,
2017.\10\
---------------------------------------------------------------------------
\8\ See SEC Press Release 2016-200: ``SEC Proposes Rule
Amendment to Expedite Process for Settling Securities Transactions''
(September 28, 2016).
\9\ See Securities Exchange Act Release No. 78962 (September 28,
2016), 81 FR 69240 (October 5, 2016) (File No. S7-22-16) (``SEC
Proposing Release'').
\10\ See Securities Exchange Act Relesae [sic] No. 80295 (March
22, 2017), 82 FR 15564 (March 29, 2017) (``SEC Adopting Release'').
---------------------------------------------------------------------------
In light of this action by the SEC, the Exchange proposes to amend
CHX Rules to reflect ``regular way'' settlement as occurring on
T+2.\11\
---------------------------------------------------------------------------
\11\ In December 2016, the New York Stock Exchange (``NYSE'')
also filed a rule change to reflect ``regular way'' settlement as
occurring on T+2. See Securities Exchange Act Release No. 80021
(February 10, 2017), 82 FR 10931 (February 16, 2017); see also
Securities Exchange Act Release No. 79659 (December 22, 2016), 81 FR
96076 (December 29, 2016) (SR-NYSE-2016-87).
---------------------------------------------------------------------------
Proposed Rule Change
The Exchange proposes to amend Article 1, Rule 2(e) and Article 9,
Rule 7 to reflect a T+2 settlement cycle. Except for changes reflecting
the shortened settlement period, the Exchange does not propose any
other amendments to the CHX Rules.
Current Article 1, Rule 2(e)(1) provides, in pertinent part, that
``Regular Way Settlement'' means a transaction for delivery on the
third full business day following the day of the contract. The Exchange
proposes an amendment to change ``third full business day'' to ``second
full business day.''
Current Article 1, Rule 2(e)(2)(C) provides that ``Seller's
Option'' means transaction for delivery within the time specified in
the option, which time shall not be less than four (4) full business
days nor more than 60 days following the day of the contract; except
that the Exchange may provide otherwise in specific issues of stocks or
classes of stocks. The Exchange proposes an amendment to change ``four
(4) full business days'' to ``three (3) full business days.''
Current Article 9, Rule 7(a) provides, in pertinent part, that
transactions in stocks, except as provided below, shall be ex-dividend
or ex-rights two full business days immediately preceding the date of
record fixed by the corporation for the determination of stockholders
entitled to receive such dividends or rights, except: (1) When such
record date occurs upon a holiday or half-holiday, transactions in the
stock shall be ex-dividend or ex-rights three full business days
immediately preceding the record date. The Exchange proposes amendments
to change ``two full business days'' to ``business day'' under Rule
7(a) and ``three full business days'' to ``two full business days''
under Rule 7(a)(1).
Current Article 9, Rule 7(b) provides, in pertinent part, that
transactions in securities which have subscription warrants attached
(except those made for ``cash'') shall be ex-warrants on the second
full business day preceding the date of expiration of the warrants,
except: (1) When the day of expiration occurs on a holiday or Sunday,
said transactions shall be ex-warrants on the third full business day
preceding said day of expiration. The Exchange proposes amendments to
change ``second full business day'' to ``business day'' under Rule 7(b)
and ``third full business day'' to ``second full business day'' under
Rule 7(b)(1).
As noted above, the Exchange proposes to make the proposed rule
change operative on September 5, 2017, which is the compliance date for
the amendment to Rule 15c6-1(a) set by the SEC.\12\
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\12\ See supra note 10.
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2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\13\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\14\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
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 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.
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\13\ 15 U.S.C. 78f(b).
\14\ 15 U.S.C. 78f(b)(5).
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In particular, the Exchange believes that the proposed rule change
supports the industry-led initiative to shorten the settlement cycle to
two business days. Moreover, the proposed rule change is consistent
with the SEC's amendment to Securities Exchange Act Rule 15c6-1(a) to
require standard settlement no later than T+2. The Exchange believes
that the proposed rule change will provide the regulatory certainty to
facilitate the industry-led move to a T+2 settlement cycle. Further,
the Exchange believes that, by shortening the time period for
settlement of most securities transactions, the proposed rule change
would protect investors and the public
[[Page 18802]]
interest by reducing the number of unsettled trades in the clearance
and settlement system at any given time, thereby reducing the risk
inherent in settling securities transactions to clearing corporations,
their members and public investors. The Exchange also believes that the
proposed operative date for the proposed rule change of September 5,
2017 would remove impediments to and perfect the mechanisms of a free
and open market and a national market system as it is identical to the
compliance date for the amendment to Rule 15c6-1(a) set by the SEC.\15\
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\15\ See supra note 10.
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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 that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change is not
designed to address any competitive issue, but rather facilitate the
industry's transition to a T+2 regular way settlement cycle. The
Exchange also believes that the proposed rule change will serve to
promote clarity and consistency, thereby reducing burdens on the
marketplace and facilitating investor protection. Moreover, the
proposed rule change is consistent with the SEC's amendment to
Securities Exchange Act Rule 15c6-1(a) to require standard settlement
no later than T+2. Accordingly, the Exchange believes that the proposed
changes do not impose any burdens on the industry in addition to those
necessary to implement amendments to Securities Exchange Act Rule 15c6-
1(a) as described and enumerated in the SEC Proposing Release.\16\
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\16\ See supra note 9.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
A. By order approve or disapprove the proposed rule change, or
B. Institute proceedings to determine whether the proposed rule
change should be 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-CHX-2017-06 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-CHX-2017-06. 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-CHX-2017-06, and should be
submitted on or before May 12, 2017.
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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Brent J. Fields,
Secretary.
[FR Doc. 2017-08057 Filed 4-20-17; 8:45 am]
BILLING CODE 8011-01-P