Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to an Optional Kill Switch Protection, 50910-50912 [2017-23832]
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50910
Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices
Legg Mason Tax Free Income Fund
[File No. 811–06223]
Summary: Applicant, an open-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. The applicant has
transferred its assets to 1919 Maryland
Tax-Free Income Fund, a series of Trust
for Advised Portfolios and, on
November 7, 2014, made a final
distribution to its shareholders based on
net asset value. Expenses of $114,628
incurred in connection with the
reorganization were paid by applicant’s
investment adviser, the acquiring fund’s
investment adviser, or their respective
affiliates.
Filing Date: The application was filed
on October 6, 2017.
Applicant’s Address: 100
International Drive, 7th Floor,
Baltimore, MD 21202.
BlackRock Defined Opportunity Credit
Trust
[File No. 811–22126]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. On August 18,
2017, applicant made a final
distribution to its shareholders, based
on net asset value. Applicant’s
remaining assets were transferred to a
liquidating trust in which shareholders
have a pro rata beneficial interests.
Expenses of $61,860 incurred in
connection with the liquidation were
paid by applicant.
Filing Date: The application was filed
on August 22, 2017.
Applicant’s Address: 100 Bellevue
Parkway, Wilmington, DE 19809.
The Motley Fool Funds Trust
asabaliauskas on DSKBBXCHB2PROD with NOTICES
[File No. 811–22264]
Summary: Applicant, an open-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. The applicant has
transferred its assets to corresponding
series of RBB Fund, Inc. and, on
December 21, 2016, made a final
distribution to its shareholders based on
net asset value. Expenses of $427,902
incurred in connection with the
reorganization were paid by applicant’s
investment adviser.
Filing Dates: The application was
filed on August 24, 2017 and amended
on October 10, 2017.
Applicant’s Address: 2000 Duke
Street, Suite 175, Alexandria, VA 22314.
UBS Managed Municipal Trust
[File No. 811–03946]
Summary: Applicant, an open-end
investment company, seeks an order
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declaring that it has ceased to be an
investment company. On June 24, 2016,
applicant made a liquidating
distribution to its shareholders, based
on net asset value. Expenses of $38,791
incurred in connection with the
liquidation were paid by applicant’s
investment adviser.
Filing Date: The application was filed
on October 13, 2017.
Applicant’s Address: c/o UBS Asset
Management (Americas) Inc., Attn:
Keith A. Weller, 1285 Avenue of the
Americas, 12th Floor, New York, NY
10019–6028.
UBS RMA Money Fund Inc.
[File No. 811–03503]
Summary: Applicant, an open-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. On June 24, 2016,
applicant made a liquidating
distribution to its shareholders, based
on net asset value. Expenses of $108,867
incurred in connection with the
liquidation were paid by applicant’s
investment adviser.
Filing Date: The application was filed
on October 13, 2017.
Applicant’s Address: c/o UBS Asset
Management (Americas) Inc., Attn:
Keith A. Weller, 1285 Avenue of the
Americas, 12th Floor, New York, NY
10019–6028.
UBS RMA Tax Free Fund Inc.
[File No. 811–03504]
Summary: Applicant, an open-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. On June 24, 2016,
applicant made a liquidating
distribution to its shareholders, based
on net asset value. Expenses of $51,286
incurred in connection with the
liquidation were paid by applicant’s
investment adviser.
Filing Date: The application was filed
on October 13, 2017.
Applicant’s Address: c/o UBS Asset
Management (Americas) Inc., Attn:
Keith A. Weller, 1285 Avenue of the
Americas, 12th Floor, New York, NY
10019–6028.
For the Commission, by the Division of
Investment Management, pursuant to
delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–23837 Filed 11–1–17; 8:45 am]
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81970; File No. SR–GEMX–
2017–50]
Self-Regulatory Organizations; Nasdaq
GEMX, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Relating to an Optional
Kill Switch Protection
October 27, 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 October
18, 2017, Nasdaq GEMX, LLC (‘‘GEMX’’
or ‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I and II
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 the Substance
of the Proposed Rule Change
The Exchange proposes to
memorialize an optional Kill Switch
protection.3 The Kill Switch allows
Members to cancel open orders and
prevent new order submission.
The text of the proposed rule change
is available on the Exchange’s Web site
at www.ise.com, at the principal office
of the Exchange, 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.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 Today, this feature is offered to Members. GEMX
transitioned from its legacy trading system to INET,
the current technology, in 2017. While GEMX
offered this feature on its legacy system, the feature
was not codified in the GEMX Rulebook. At this
time, the Exchange is codifying the Kill Switch
feature to reflect the functionality.
2 17
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Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to
memorialize its Kill Switch risk
protection which is applicable to all
Members at GEMX Rule 711(d). The Kill
Switch allows Members to cancel open
orders and prevent new order
submission. This feature provides
Members with a powerful risk
management tool for immediate control
of their order activity.
The Kill Switch is an optional tool
that enables Members to initiate a
message(s) 4 [sic] to the trading system
(‘‘System’’) to promptly cancel orders
and restrict entry of new orders until reentry has been enabled. Members may
submit a request to the System to cancel
orders for that Member. Members may
not remove orders by symbol using the
Kill Switch. The System will send an
automated message to the Member when
a Kill Switch request has been
processed by the Exchange’s System.5
The Member must send a message to
the Exchange to request the cancellation
of all orders for the Member. The
Member is unable to enter additional
orders until re-entry has been enabled
pursuant to subsection (d)(2) of Rule
711.
Proposed subsection (d)(2) stipulates
that after orders are cancelled by the
Member utilizing the Kill Switch, the
Member is unable to enter additional
orders until the Member has made a
request to the Exchange and Exchange
staff has set a re-entry indicator to
enable re-entry.6 Once enabled for reentry, the System will send a Re-entry
Notification Message to the Member.
The applicable Clearing Member for that
Member also is notified of the re-entry
into the System after orders are
cancelled as a result of the Kill Switch,
provided the Clearing Member has
requested to receive such notification.
2. Statutory Basis
asabaliauskas on DSKBBXCHB2PROD with NOTICES
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 7 in general, and furthers the
4 Members are able to send a message to the
Exchange to initiate the Kill Switch or they may
contact the Exchange directly. A message to remove
orders may be sent through FIX, OTTO or Precise.
5 Opening Sweep Orders will also be cancelled.
Consistent with current auction functionality, PIM
auction orders and responses will not be cancelled.
See GEMX Rule 723. Other auctions orders and
responses would cancel. Quotes are unaffected.
6 The Member must directly and verbally contact
the Exchange to request the re-set.
7 15 U.S.C. 78f(b).
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objectives of Section 6(b)(5) of the Act 8
in particular, in that it is designed to
promote just and equitable principles of
trade, to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and, in general to protect
investors and the public interest, by
memorializing a risk protection
available to Exchange Members. This
risk feature promotes policy goals of the
Commission which has encouraged
execution venues, exchange and nonexchange alike, to offer risk protection
tools and other mechanisms to decrease
risk and increase stability. The
Exchange believes that memorializing
this feature will provide Members with
specific information on cancelling
orders.
The individual firm benefits of
enhanced risk protections flow
downstream to counter-parties both at
the Exchange and at other options
exchanges, thereby increasing systemic
protections as well. This risk feature
allows Members to enter orders without
fear of inadvertent exposure to excessive
risk, which in turn benefits investors
through increased liquidity for the
execution of their orders, thereby
protecting investors and the public
interest. By memorializing the features
in this rule change, Members are aware
of the impact of utilizing this risk tool.
This optional risk tool as noted above
is offered to all Members. The Exchange
further represents that its proposal
operates consistently with the firm
quote obligations of a broker-dealer
pursuant to Rule 602 of Regulation NMS
and that the functionality is not
mandatory. Specifically, any interest
that is executable against a Member’s
orders that are received 9 by the
Exchange, prior to the time the Kill
Switch is processed by the System, will
automatically execute at the price up to
the Member’s size prior to the removal
of orders from the System as a result of
the Kill Switch. The Kill Switch
message is accepted by the System in
the order of receipt in the queue and is
processed in that order so that interest
that is already accepted into the System
is processed prior to the Kill Switch
message.
With respect to providing information
regarding the cancellation of orders as a
result of the Kill Switch to the Clearing
Member, each Member that transacts
through a Clearing Member on the
Exchange accepts financial
responsibility for all Exchange
transactions made by the Member on
8 15
U.S.C. 78f(b)(5).
time of receipt for an order is the time such
message is processed by the Exchange Order Book.
whose behalf the Clearing Member
agrees to clear.10 The Exchange believes
that because Clearing Members
guarantee all transactions on behalf of a
Member, and therefore bear the risk
associated with those transactions, it is
appropriate for Clearing Members to
have knowledge of the utilization by the
Member of the Kill Switch, should the
Clearing Member request such
notification.
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. The proposal
does not impose an undue burden on
intra-market competition because all
Members may avail themselves of the
Kill Switch. The Kill Switch
functionality is optional. The proposed
rule change protects Members in the
event the Member is suffering from a
systems issue or from the occurrence of
unusual or unexpected market activity
that would require them to withdraw
from the market in order to protect
investors. Utilizing this Kill Switch will
permit the Member to protect itself from
inadvertent exposure to excessive risk.
Reducing such risk will enable Members
to enter orders without fear of
inadvertent exposure to excessive risk,
which in turn will benefit investors
through increased liquidity for the
execution of their orders. Such
increased liquidity benefits investors
because they receive better prices and
because it lowers volatility in the
options market. For these reasons, the
Exchange does not believe this proposal
imposes an undue burden on intermarket competition because other
exchanges offer the same functionality,
which is being memorialized herein.
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
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
9 The
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50911
10 See
E:\FR\FM\02NON1.SGM
GEMX Rule 808(b).
02NON1
50912
Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices
become effective pursuant to Section
19(b)(3)(A)(iii) of the Act 11 and
subparagraph (f)(6) of Rule 19b–4
thereunder.12
A proposed rule change filed under
Rule 19b–4(f)(6) normally does not
become operative before 30 days from
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),13 the
Commission may designate a shorter
time if such action is consistent with the
protection of investors and the public
interest.
The Exchange has asked the
Commission to waive the 30-day
operative delay. The Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
interest because the proposal is similar
to the rules of other options exchanges
and the Exchange’s proposal does not
raise any new or novel issues.
Therefore, the Commission hereby
waives the 30-day operative delay and
designates the proposed rule change to
be operative upon filing with the
Commission.14
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
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:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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–
GEMX–2017–50 on the subject line.
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
13 17 CFR 240.19b–4(f)(6)(iii).
14 For purposes only of waiving the operative
delay for this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
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–GEMX–2017–50. 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.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–GEMX–2017–50, and
should be submitted on or before
November 24, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–23832 Filed 11–1–17; 8:45 am]
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12 17
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CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81973; File No. SR–
NASDAQ–2017–090]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Order
Granting Approval of Proposed Rule
Change, as Modified by Amendment
No. 1, To List and Trade Shares of the
Eaton Vance Oaktree Diversified Credit
NextSharesTM Under Nasdaq Rule 5745
October 27, 2017.
I. Introduction
On August 30, 2017, The NASDAQ
Stock Market LLC (‘‘Nasdaq’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
list and trade common shares (‘‘Shares’’)
of the Eaton Vance Oaktree Diversified
Credit NextSharesTM (‘‘Fund’’) under
Nasdaq Rule 5745. The proposed rule
change was published for comment in
the Federal Register on September 15,
2017.3 On September 27, 2017, the
Exchange filed Amendment No. 1 to the
proposed rule change.4 The Commission
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 81574
(September 11, 2017), 82 FR 43423 (‘‘Notice’’).
4 Amendment No. 1 to the proposed rule change
replaces and supersedes the original filing in its
entirety. In Amendment No. 1, the Exchange,
among other things: (i) Clarified that each of the
Adviser (as defined below) and the Sub-Adviser (as
defined below) is affiliated with a broker-dealer and
each has implemented and will maintain a fire wall
with respect to its affiliated broker-dealer regarding
access to information concerning the composition
and/or changes to the Fund’s portfolio and that
personnel who make decisions on the Fund’s
portfolio composition must be subject to procedures
designed to prevent the use and dissemination of
material, non-public information regarding the
open-end fund’s portfolio; (ii) stated that the creditrelated investments that the Fund will invest in will
include mortgage-backed securities and mortgagerelated securities; (iii) clarified that the Financial
Industry Regulatory Authority, Inc. (‘‘FINRA’’), on
behalf of the Exchange, will communicate as
needed with, and may obtain information from,
other markets and entities that are members of the
Intermarket Surveillance Group (‘‘ISG’’) regarding
trading in the Shares and in exchange-traded
securities and instruments held by the Fund (to the
extent those exchange-traded securities and
instruments are known through the publication of
the Composition File (as referenced herein) and
periodic public disclosures of the Fund’s portfolio
holdings), and the Exchange may obtain such
trading information from markets and other entities
that are members of ISG or with which the
Exchange has in place a comprehensive
surveillance sharing agreement; (iv) clarified that
the Exchange will obtain a representation from the
issuer of the Shares that the net asset value
(‘‘NAV’’) per Share will be calculated daily (on each
day the New York Stock Exchange is open for
trading) and provided to Nasdaq via the Mutual
2 17
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Agencies
[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50910-50912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23832]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-81970; File No. SR-GEMX-2017-50]
Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to an
Optional Kill Switch Protection
October 27, 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 October 18, 2017, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange proposes to memorialize an optional Kill Switch
protection.\3\ The Kill Switch allows Members to cancel open orders and
prevent new order submission.
---------------------------------------------------------------------------
\3\ Today, this feature is offered to Members. GEMX transitioned
from its legacy trading system to INET, the current technology, in
2017. While GEMX offered this feature on its legacy system, the
feature was not codified in the GEMX Rulebook. At this time, the
Exchange is codifying the Kill Switch feature to reflect the
functionality.
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
Web site at www.ise.com, at the principal office of the Exchange, 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.
[[Page 50911]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to memorialize its Kill Switch risk
protection which is applicable to all Members at GEMX Rule 711(d). The
Kill Switch allows Members to cancel open orders and prevent new order
submission. This feature provides Members with a powerful risk
management tool for immediate control of their order activity.
The Kill Switch is an optional tool that enables Members to
initiate a message(s) \4\ [sic] to the trading system (``System'') to
promptly cancel orders and restrict entry of new orders until re-entry
has been enabled. Members may submit a request to the System to cancel
orders for that Member. Members may not remove orders by symbol using
the Kill Switch. The System will send an automated message to the
Member when a Kill Switch request has been processed by the Exchange's
System.\5\
---------------------------------------------------------------------------
\4\ Members are able to send a message to the Exchange to
initiate the Kill Switch or they may contact the Exchange directly.
A message to remove orders may be sent through FIX, OTTO or Precise.
\5\ Opening Sweep Orders will also be cancelled. Consistent with
current auction functionality, PIM auction orders and responses will
not be cancelled. See GEMX Rule 723. Other auctions orders and
responses would cancel. Quotes are unaffected.
---------------------------------------------------------------------------
The Member must send a message to the Exchange to request the
cancellation of all orders for the Member. The Member is unable to
enter additional orders until re-entry has been enabled pursuant to
subsection (d)(2) of Rule 711.
Proposed subsection (d)(2) stipulates that after orders are
cancelled by the Member utilizing the Kill Switch, the Member is unable
to enter additional orders until the Member has made a request to the
Exchange and Exchange staff has set a re-entry indicator to enable re-
entry.\6\ Once enabled for re-entry, the System will send a Re-entry
Notification Message to the Member. The applicable Clearing Member for
that Member also is notified of the re-entry into the System after
orders are cancelled as a result of the Kill Switch, provided the
Clearing Member has requested to receive such notification.
---------------------------------------------------------------------------
\6\ The Member must directly and verbally contact the Exchange
to request the re-set.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest,
by memorializing a risk protection available to Exchange Members. This
risk feature promotes policy goals of the Commission which has
encouraged execution venues, exchange and non-exchange alike, to offer
risk protection tools and other mechanisms to decrease risk and
increase stability. The Exchange believes that memorializing this
feature will provide Members with specific information on cancelling
orders.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The individual firm benefits of enhanced risk protections flow
downstream to counter-parties both at the Exchange and at other options
exchanges, thereby increasing systemic protections as well. This risk
feature allows Members to enter orders without fear of inadvertent
exposure to excessive risk, which in turn benefits investors through
increased liquidity for the execution of their orders, thereby
protecting investors and the public interest. By memorializing the
features in this rule change, Members are aware of the impact of
utilizing this risk tool.
This optional risk tool as noted above is offered to all Members.
The Exchange further represents that its proposal operates consistently
with the firm quote obligations of a broker-dealer pursuant to Rule 602
of Regulation NMS and that the functionality is not mandatory.
Specifically, any interest that is executable against a Member's orders
that are received \9\ by the Exchange, prior to the time the Kill
Switch is processed by the System, will automatically execute at the
price up to the Member's size prior to the removal of orders from the
System as a result of the Kill Switch. The Kill Switch message is
accepted by the System in the order of receipt in the queue and is
processed in that order so that interest that is already accepted into
the System is processed prior to the Kill Switch message.
---------------------------------------------------------------------------
\9\ The time of receipt for an order is the time such message is
processed by the Exchange Order Book.
---------------------------------------------------------------------------
With respect to providing information regarding the cancellation of
orders as a result of the Kill Switch to the Clearing Member, each
Member that transacts through a Clearing Member on the Exchange accepts
financial responsibility for all Exchange transactions made by the
Member on whose behalf the Clearing Member agrees to clear.\10\ The
Exchange believes that because Clearing Members guarantee all
transactions on behalf of a Member, and therefore bear the risk
associated with those transactions, it is appropriate for Clearing
Members to have knowledge of the utilization by the Member of the Kill
Switch, should the Clearing Member request such notification.
---------------------------------------------------------------------------
\10\ See GEMX Rule 808(b).
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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 not necessary or appropriate in
furtherance of the purposes of the Act. The proposal does not impose an
undue burden on intra-market competition because all Members may avail
themselves of the Kill Switch. The Kill Switch functionality is
optional. The proposed rule change protects Members in the event the
Member is suffering from a systems issue or from the occurrence of
unusual or unexpected market activity that would require them to
withdraw from the market in order to protect investors. Utilizing this
Kill Switch will permit the Member to protect itself from inadvertent
exposure to excessive risk. Reducing such risk will enable Members to
enter orders without fear of inadvertent exposure to excessive risk,
which in turn will benefit investors through increased liquidity for
the execution of their orders. Such increased liquidity benefits
investors because they receive better prices and because it lowers
volatility in the options market. For these reasons, the Exchange does
not believe this proposal imposes an undue burden on inter-market
competition because other exchanges offer the same functionality, which
is being memorialized herein.
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
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has
[[Page 50912]]
become effective pursuant to Section 19(b)(3)(A)(iii) of the Act \11\
and subparagraph (f)(6) of Rule 19b-4 thereunder.\12\
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\11\ 15 U.S.C. 78s(b)(3)(A)(iii).
\12\ 17 CFR 240.19b-4(f)(6).
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A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative before 30 days from the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest.
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\13\ 17 CFR 240.19b-4(f)(6)(iii).
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The Exchange has asked the Commission to waive the 30-day operative
delay. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest
because the proposal is similar to the rules of other options exchanges
and the Exchange's proposal does not raise any new or novel issues.
Therefore, the Commission hereby waives the 30-day operative delay and
designates the proposed rule change to be operative upon filing with
the Commission.\14\
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\14\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection 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:
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-GEMX-2017-50 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-GEMX-2017-50. 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. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-GEMX-2017-50, and should be
submitted on or before November 24, 2017.
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\15\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23832 Filed 11-1-17; 8:45 am]
BILLING CODE 8011-01-P