Sunshine Act Meetings, 12310-12311 [2019-06307]
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Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices
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:
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–2019–016 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–CBOE–2019–016. 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 website (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 website 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
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submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–CBOE–2019–016, and
should be submitted on or before April
16, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Eduardo A. Aleman,
Deputy Secretary.
change.7 On January 29, 2019, the
Exchange filed Amendment No. 1 to the
proposed rule change.
On March 22, 2019, the Exchange
withdrew the proposed rule change
(SR–NYSEArca–2018–43), as modified
by Amendment No. 1.
[FR Doc. 2019–06177 Filed 3–29–19; 8:45 am]
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Eduardo A. Aleman,
Deputy Secretary.
BILLING CODE 8011–01–P
[FR Doc. 2019–06175 Filed 3–29–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85422; File No. SR–
NYSEArca–2018–43]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Withdrawal of a
Proposed Rule Change, as Modified by
Amendment No. 1, Regarding
Investments of the First Trust TCW
Unconstrained Plus Bond ETF
March 26, 2019.
On July 11, 2018, NYSE Arca, Inc.
(‘‘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
seeking to modify certain investments of
the First Trust TCW Unconstrained Plus
Bond ETF, the shares of which are
currently listed and traded on the
Exchange pursuant to NYSE Arca Rule
8.600–E.
The proposed rule change was
published for comment in the Federal
Register on August 1, 2018.3 On
September 14, 2018, pursuant to Section
19(b)(2) of the Act,4 the Commission
designated a longer period within which
to approve the proposed rule change,
disapprove the proposed rule change, or
institute proceedings to determine
whether to disapprove the proposed
rule change.5 On October 30, 2018, the
Commission instituted proceedings to
determine whether to approve or
disapprove the proposed rule change.6
On January 25, 2019, the Commission
designated a longer period for
Commission action on the proposed rule
14 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Securities Exchange Act Release No. 83720 (July
26, 2018), 83 FR 37560.
4 15 U.S.C. 78s(b)(2).
5 See Securities Exchange Act Release No. 84123,
83 FR 47654 (September 20, 2018).
6 See Securities Exchange Act Release No. 84504,
83 FR 55439 (November 5, 2018).
1 15
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SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
11:30 a.m. on
Wednesday, April 3, 2019.
PLACE: The meeting will be held at the
Commission’s headquarters, 100 F
Street NE, Washington, DC 20549.
STATUS: This meeting will be closed to
the public.
MATTERS TO BE CONSIDERED:
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the closed meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
and (10) and 17 CFR 200.402(a)(3),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and
(a)(10), permit consideration of the
scheduled matters at the closed meeting.
Commissioner Jackson, as duty
officer, voted to consider the items
listed for the closed meeting in closed
session.
The subject matters of the closed
meeting will be:
Institution and settlement of
injunctive actions; Institution and
settlement of administrative
proceedings; and Other matters relating
to enforcement proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
CONTACT PERSON FOR MORE INFORMATION:
For further information and to ascertain
what, if any, matters have been added,
deleted or postponed; please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.
TIME AND DATE:
7 See Securities Exchange Act Release No. 84990,
84 FR 868 (January 31, 2019).
8 17 CFR 200.30–3(a)(12).
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Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices
Dated: March 27, 2019.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019–06307 Filed 3–28–19; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85413; File No. SR–FINRA–
2019–006]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend Capital
Acquisition Broker (‘‘CAB’’) Rules
Governing Qualification, Registration
and Continuing Education of
Associated Persons of CABs
March 26, 2019.
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 March 12,
2019, Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’) 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 FINRA. FINRA has
designated the proposed rule change as
constituting a ‘‘non-controversial’’ rule
change under paragraph (f)(6) of Rule
19b–4 under the Act,3 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
FINRA is proposing to amend the
Capital Acquisition Broker (‘‘CAB’’)
Rules governing qualification,
registration and continuing education of
associated persons of CABs (CAB Rules
119–125) to reflect new consolidated
FINRA qualification and registration
rules and changes to its continuing
education requirements which took
effect on October 1, 2018 (collectively,
the ‘‘Consolidated Rules’’). Specifically,
the proposed rule change would amend
CAB Rules 119 (Foreign Members and
Associates), 121 (Registration
Requirements), 123 (Categories of
Registration), 124 (Persons Exempt from
Registration) and 125 (Continuing
Education Requirements) to cross1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
2 17
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reference the new FINRA rules
governing these areas, and would delete
CAB Rule 122 (Qualification
Examinations) since this area is covered
by other Consolidated Rules.
The text of the proposed rule change
is available on FINRA’s website at
https://www.finra.org, at the principal
office of FINRA 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,
FINRA 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. FINRA 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
A. Background
FINRA Capital Acquisition Broker Rules
On August 18, 2016, the SEC
approved 4 a separate set of FINRA rules
for firms that meet the definition of a
‘‘capital acquisition broker’’ and that
elect to be governed under this rule set.
CABs are member firms that engage in
a limited range of activities, essentially
advising companies and private equity
funds on capital raising and corporate
restructuring, and acting as placement
agents for sales of unregistered
securities to institutional investors
under limited conditions. Member firms
that elect to be governed under the CAB
rule set are not permitted, among other
things, to carry or maintain customer
accounts, handle customers’ funds or
securities, accept customers’ trading
orders, or engage in proprietary trading
or market-making.
The CAB Rules became effective on
April 14, 2017.5 In order to provide new
CAB applicants with lead time to apply
for FINRA membership and obtain the
necessary qualifications and
registrations, CAB Rules 101–125
became effective on January 3, 2017.6
4 See Securities Exchange Act Release No. 78617
(August 18, 2016), 81 FR 57948 (August 24, 2016)
(Order Approving File No. SR–FINRA–2015–054).
5 See Regulatory Notice 16–37 (October 2016).
6 On September 29, 2017 the SEC approved CAB
Rule 203 (Engaging in Distribution and Solicitation
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12311
FINRA Qualification, Registration and
Continuing Education Rules
In July 2017 the SEC approved a
proposed rule change to: (1) Adopt
consolidated FINRA registration rules;
(2) restructure the representative-level
qualification examinations by creating
an examination called the Securities
Industry Essentials (SIE) to test
knowledge regarding fundamental
securities-related topics and
transforming the representative-level
examinations into specialized
knowledge examinations; and (3) amend
the Continuing Education (CE)
requirements.7
The proposed rule change
consolidated the NASD and
Incorporated NYSE registration rules as
FINRA Rules, which streamlined and
brought consistency and uniformity to
FINRA’s qualification and registration
requirements. The Consolidated Rules,
among other things, allow a member to
permissively register, or maintain the
registration(s) as a representative or
principal of, any associated person of
the firm, establish a waiver program for
individuals working for a financial
services industry affiliate of a member,
and require firms to designate a
Principal Financial Officer and a
Principal Operations Officer. The rule
change also establishes new registration
categories. These new requirements are
discussed in more detail below.
In conjunction with these changes,
FINRA also restructured the
representative-level qualification
examination program into a more
efficient format whereby all
representative-level applicants take the
SIE examination, and a tailored,
specialized knowledge examination (a
revised representative-level
qualification examination) for their
particular registered role. Individuals
who are not associated persons of firms,
Activities with Government Entities) and CAB Rule
458 (Books and Records Requirements for
Government Distribution and Solicitation
Activities), which applied established ‘‘pay-toplay’’ and related recordkeeping rules to the
activities of CABs. See Securities Exchange Act
Release No. 81781 (September 29, 2017), 82 FR
46559 (October 5, 2017) (Order Approving File No.
SR–FINRA–2017–027). CAB Rules 203 and 458
became effective on December 6, 2017. On
September 20, 2018 FINRA filed for immediate
effectiveness changes to CAB Rule 331 (Anti-Money
Laundering Compliance Program) to reflect the
Financial Crimes Enforcement Network’s adoption
of a final rule on Customer Due Diligence
Requirements for Financial Institutions. See
Securities Exchange Act Release No. 84363 (October
4, 2018), 83 FR 51532 (October 11, 2018) (Notice
of Filing and Immediate Effectiveness of File No.
SR–FINRA–2018–035).
7 See Securities Exchange Act Release No. 81098
(July 7, 2017), 82 FR 32419 (July 13, 2017) (Order
Approving File No. SR–FINRA–2017–007)
(‘‘Consolidated Rule Filing’’).
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Agencies
[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Notices]
[Pages 12310-12311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06307]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meetings
TIME AND DATE: 11:30 a.m. on Wednesday, April 3, 2019.
PLACE: The meeting will be held at the Commission's headquarters, 100
F Street NE, Washington, DC 20549.
STATUS: This meeting will be closed to the public.
MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
Commissioner Jackson, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
The subject matters of the closed meeting will be:
Institution and settlement of injunctive actions; Institution and
settlement of administrative proceedings; and Other matters relating to
enforcement proceedings.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Vanessa A. Countryman from the Office of the Secretary
at (202) 551-5400.
[[Page 12311]]
Dated: March 27, 2019.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-06307 Filed 3-28-19; 11:15 am]
BILLING CODE 8011-01-P