Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delete the Exchange's Current Registration, Qualification and Continuing Education Rules, 18908-18910 [2019-08911]
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18908
Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Notices
Section 19(b)(2) of the Act 5 provides
that within 45 days of the publication of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day for this filing
is April 26, 2019.
The Commission is extending the 45day time period for Commission action
on the proposed rule change, as
modified by Amendment No. 1. The
Commission finds that it is appropriate
to designate a longer period within
which to take action on the proposed
rule change so that it has sufficient time
to consider the proposed rule change, as
modified by Amendment No. 1.
Accordingly, pursuant to Section
19(b)(2) of the Act,6 the Commission
designates June 10, 2019, as the date by
which the Commission shall either
approve or disapprove, or institute
proceedings to determine whether to
disapprove, the proposed rule change,
as modified by Amendment No. 1 (File
No. SR–CboeEDGX–2019–009).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–08920 Filed 5–1–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85726; File No. SR–BX–
2019–010]
Self-Regulatory Organizations; Nasdaq
BX, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Delete the Exchange’s
Current Registration, Qualification and
Continuing Education Rules
khammond on DSKBBV9HB2PROD with NOTICES
April 26, 2019.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
Exchange’s description of the proposed rule
change’s consistency with Section 11(a) of the Act.
Amendment No. 1 is available at https://
www.sec.gov/comments/sr-cboeedgx-2019-009/
srcboeedgx2019009-5405908-184490.pdf.
5 15 U.S.C. 78s(b)(2).
6 Id.
7 17 CFR 200.30–3(a)(31).
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18:51 May 01, 2019
Jkt 247001
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 18,
2019, Nasdaq BX, Inc. (‘‘BX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘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
The Exchange proposes to delete the
Exchange’s current Registration,
Qualification and Continuing Education
rules (‘‘Exchange Registration Rules’’
and, generally, ‘‘Registration Rules’’)
under the 1200 Series (Rules 1210
through 1250), and incorporate by
reference The Nasdaq Stock Market
LLC’s (‘‘Nasdaq’’) rules at General 4
(‘‘Nasdaq Registration Rules’’), into
General 4 of the Exchange’s rulebook’s
(‘‘Rulebook’’) shell structure.3
The text of the proposed rule change
is available on the Exchange’s website at
https://nasdaqbx.cchwallstreet.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).
2 17 CFR 240.19b–4.
3 In 2017, the Exchange added a shell structure to
its Rulebook with the purpose of improving
efficiency and readability and to align its rules
closer to those of its five sister exchanges, The
Nasdaq Stock Market LLC; Nasdaq PHLX LLC;
Nasdaq ISE, LLC; Nasdaq GEMX, LLC; and Nasdaq
MRX, LLC (‘‘Affiliated Exchanges’’). The shell
structure currently contains eight (8) General
sections which, once complete, will apply a
common set of rules to the Affiliated Exchanges.
See Securities Exchange Act Release No. 82174
(November 29, 2017), 82 FR 57492 (December 5,
2017) (SR–BX–2017–054).
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Fmt 4703
Sfmt 4703
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange recently amended,
reorganized, and enhanced certain of its
membership, registration, and
qualification requirement rules partly in
response to rule changes by the
Financial Industry Regulatory Authority
(‘‘FINRA’’), and also in order to conform
the Exchange’s rules more closely to
those of its Affiliated Exchanges in the
interest of uniformity and to facilitate
compliance with membership,
registration and qualification regulatory
requirements by members of multiple
Affiliated Exchanges including the
Exchange.4 To that end, the Exchange
adopted a new 1200 Series of rules,
captioned ‘‘Registration, Qualification
and Continuing Education,’’ generally
conforming the Exchange Registration
Rules to FINRA’s new 1200 Series,
except for a number of Exchangespecific variations.5
The Exchange now proposes to delete
the Exchange Registration Rules,
currently under the 1200 Series (Rules
1210 through 1250), and incorporate by
reference the Nasdaq Registration Rules
at General 4 of Nasdaq’s rulebook into
General 4 of the Exchange’s Rulebook.
Relatedly, the Exchange will make
necessary cross-reference updates
throughout the Rulebook. Specifically,
the Exchange will amend the crossreferences in Exchange Rules 1001,
1011, and 3010.
The incorporation by reference of
Nasdaq Registration Rules at General 4
into the Exchange’s General 4 title and
any necessary cross-reference updates
are regulatory in nature.6 The Exchange
notes that as a condition of an
exemption, which the Exchange will
request and will need to be approved by
the Commission pursuant to Section 36
of the Act,7 the Exchange agrees to
provide written notice to its members
whenever Nasdaq proposes a change to
4 See Securities Exchange Act Release No. 84353
(October 3, 2018), 83 FR 50999 (October 10, 2018)
(SR–BX–2018–047).
5 Id.
6 The General 4 rules are categories of rules that
are not trading rules. See 17 CFR 200.30–3(a)(76)
(contemplating such requests). In addition, several
other Self-Regulatory Organizations (‘‘SROs’’)
incorporate by reference certain regulatory rules of
other SROs and have received from the Commission
similar exemptions from Section 19(b) of the
Exchange Act. See e.g., Securities Exchange Act
Release Nos. 57478 (March 12, 2008), 73 FR 14521
(March 18, 2008), 53128 (January 13, 2006), 71 FR
3550 (January 23, 2006); 49260 (February 17, 2004),
69 FR 8500 (February 24, 2004).
7 15 U.S.C. 78mm.
E:\FR\FM\02MYN1.SGM
02MYN1
Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Notices
its General 4 title.8 Such notice will
alert Exchange members to the proposed
Nasdaq rule change and give them an
opportunity to comment on the
proposal. The Exchange will similarly
inform its members in writing when the
SEC approves any such proposed
change.
Exchange desires to conform its rules
and locate those rules within the same
location in each Rulebook to provide
Exchange members the ability to quickly
locate rules.
Implementation
The Exchange proposes that this rule
change becomes operative at such time
as it receives approval for an exemption
from the Securities and Exchange
Commission, pursuant to its authority
under Section 36 of the Act and Rule 0–
12 9 thereunder, from the Section 19(b)
rule filing requirements to separately
file a proposed rule change to amend
the Exchange’s General 4 title.
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
Exchange believes that this rule change
does not impose an undue burden on
competition because the Exchange is
merely incorporating by reference the
Nasdaq Registration Rules at General 4
into its own Rulebook. The Exchange
Registration Rules are not being
amended and therefore no member is
impacted.
khammond on DSKBBV9HB2PROD with NOTICES
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,10 in general, and furthers the
objectives of Section 6(b)(5) of the Act,11
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
consolidating its rules into a single rule
set. The Exchange intends to also file
similar proposed rule changes for the
Nasdaq PHLX LLC; Nasdaq GEMX, LLC;
Nasdaq ISE, LLC; and Nasdaq MRX, LLC
markets so that the General 4 rules
which govern Registration Rules are
conformed.
Incorporating by reference the Nasdaq
Registration Rules at General 4 into the
Exchange’s General 4 title will provide
an easy reference for Exchange members
seeking to comply with registration and
qualification requirements on multiple
markets. As noted, the Exchange intends
to file similar proposed rule changes for
other Affiliated Exchanges so that
Nasdaq General 4 is the source
document for all Registration Rules. The
Exchange notes that the current rule is
not changing and that Exchange
members will be required to continue to
comply with the Nasdaq Registration
Rules as though such rules are fully set
forth in Exchange’s Rulebook. The
8 The Exchange will provide such notice via a
posting on the same website location where the
Exchange posts its own rule filings pursuant to Rule
19b–4 within the timeframe required by such rule.
The website posting will include a link to the
location on the Nasdaq website where the
applicable proposed rule change is posted.
9 See 17 CFR 240.0–12; Exchange Act Release No.
39624 (February 5, 1998), 63 FR 8101 (February 18,
1998).
10 15 U.S.C. 78f(b).
11 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization’s
Statement on Burden on Competition
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
become effective pursuant to Section
19(b)(3)(A)(iii) of the Act 12 and
subparagraph (f)(6) of Rule 19b–4
thereunder.13
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.
12 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
13 17
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Fmt 4703
Sfmt 4703
18909
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 rulecomments@sec.gov. Please include File
Number SR–BX 2019–010 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–2019–010. 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
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–BX–2019–010 and should
be submitted on or before May 23, 2019.
E:\FR\FM\02MYN1.SGM
02MYN1
18910
Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–08911 Filed 5–1–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
33462]
Notice of Applications for
Deregistration Under Section 8(f) of the
Investment Company Act of 1940
April 26, 2019.
The following is a notice of
applications for deregistration under
section 8(f) of the Investment Company
Act of 1940 for the month of April 2019.
A copy of each application may be
obtained via the Commission’s website
by searching for the file number, or for
an applicant using the Company name
box, at https://www.sec.gov/search/
search.htm or by calling (202) 551–
8090. An order granting each
application will be issued unless the
SEC orders a hearing. Interested persons
may request a hearing on any
application by writing to the SEC’s
Secretary at the address below and
serving the relevant applicant with a
copy of the request, personally or by
mail.
Hearing requests should be received
by the SEC by 5:30 p.m. on May 21,
2019, and should be accompanied by
proof of service on applicants, in the
form of an affidavit or, for lawyers, a
certificate of service. Pursuant to Rule
0–5 under the Act, hearing requests
should state the nature of the writer’s
interest, any facts bearing upon the
desirability of a hearing on the matter,
the reason for the request, and the issues
contested. Persons who wish to be
notified of a hearing may request
notification by writing to the
Commission’s Secretary.
The Commission: Secretary,
U.S. Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
khammond on DSKBBV9HB2PROD with NOTICES
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Shawn Davis, Branch Chief, at (202)
551–6413 or Chief Counsel’s Office at
(202) 551–6821; SEC, Division of
Investment Management, Chief
Counsel’s Office, 100 F Street NE,
Washington, DC 20549–8010.
14 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
18:51 May 01, 2019
Jkt 247001
ClearBridge American Energy MLP
Fund Inc. [File No. 811–22805]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. The applicant has
transferred its assets to ClearBridge
Energy Midstream Opportunity Fund
Inc. and, on November 16, 2018, made
a final distribution to its shareholders
based on net asset value. Expenses of
$1,140,539 incurred in connection with
the reorganization were paid by the
applicant’s investment adviser or an
affiliate thereof.
Filing Date: The application was filed
on March 7, 2019.
Applicant’s Address: 620 Eighth
Avenue, 49th Floor, New York, New
York 10018.
Filing Date: The application was filed
March 15, 2019.
Applicant’s Address: 345 Park
Avenue, New York, New York 10154.
College & University Facility Loan
Trust Two [File No. 811–05506]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. Applicant
currently has two beneficial owners and
will continue to operate as a private
investment fund in reliance on Section
3(c)(1) of the Act.
Filing Date: The application was filed
on January 22, 2019.
Applicant’s Address: c/o U.S. Bank
National Association, as Owner Trustee,
One Federal Street, Boston,
Massachusetts 02110.
Eagle Capital Appreciation Fund [File
No. 811–04338]
Deutsche DWS Value Series, Inc. [File
No. 811–05385]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. The applicant has
transferred its assets to DWS Mid Cap
Value Fund and DWS CROCI Equity
Dividend Fund, each a series of
Deutsche DWS Investment Trust, and on
August 1, 2018, made a final
distribution to its shareholders based on
net asset value. Expenses of $79,626
incurred in connection with the
reorganization were paid by the
applicant.
Filing Date: The application was filed
on March 18, 2019.
Applicant’s Address: 345 Park
Avenue, New York, New York 10154.
Deutsche Multi-Market Income Trust
[File No. 811–05689]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. On November 19,
2018, applicant made liquidating
distributions to its shareholders based
on net asset value. Expenses of $997.50
incurred in connection with the
liquidation were paid by the applicant.
PO 00000
Frm 00148
Fmt 4703
Sfmt 4703
Deutsche Strategic Income Trust [File
No. 811–08382]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. On November 19,
2018, applicant made liquidating
distributions to its shareholders based
on net asset value. Expenses of $997.50
incurred in connection with the
liquidation were paid by the applicant.
Filing Date: The application was filed
on March 15, 2019.
Applicant’s Address: 345 Park
Avenue, New York, New York 10154.
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. The applicant has
transferred its assets to Carillon Series
Trust and, on November 17, 2017, made
a final distribution to its shareholders
based on net asset value. Expenses of
$111,982.04 incurred in connection
with the reorganization were paid by the
applicant’s investment adviser and its
affiliates.
Filing Dates: The application was
filed on January 25, 2019, and amended
on April 12, 2019.
Applicant’s Address: 880 Carillon
Parkway, St. Petersburg, Florida 33716.
Eagle Growth & Income Fund [File No.
811–04767]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. The applicant has
transferred its assets to Carillon Series
Trust and, on November 17, 2017, made
a final distribution to its shareholders
based on net asset value. Expenses of
$95,655.82 incurred in connection with
the reorganization were paid by the
applicant’s investment adviser and its
affiliates.
Filing Dates: The application was
filed on January 25, 2019, and amended
on April 12, 2019.
Applicant’s Address: 880 Carillon
Parkway, St. Petersburg, Florida 33716.
Fidelity Systematic Investment Plans
[File No. 811–01905]
Summary: Applicant, a unit
investment trust, seeks an order
declaring that it has ceased to be an
investment company. On November 16,
2018, applicant made liquidating
distributions to its shareholders, based
on net asset value. Expenses of
$47,735.85 incurred in connection with
E:\FR\FM\02MYN1.SGM
02MYN1
Agencies
[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Notices]
[Pages 18908-18910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08911]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-85726; File No. SR-BX-2019-010]
Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Delete the
Exchange's Current Registration, Qualification and Continuing Education
Rules
April 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 April 18, 2019, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``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.
---------------------------------------------------------------------------
\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
The Exchange proposes to delete the Exchange's current
Registration, Qualification and Continuing Education rules (``Exchange
Registration Rules'' and, generally, ``Registration Rules'') under the
1200 Series (Rules 1210 through 1250), and incorporate by reference The
Nasdaq Stock Market LLC's (``Nasdaq'') rules at General 4 (``Nasdaq
Registration Rules''), into General 4 of the Exchange's rulebook's
(``Rulebook'') shell structure.\3\
---------------------------------------------------------------------------
\3\ In 2017, the Exchange added a shell structure to its
Rulebook with the purpose of improving efficiency and readability
and to align its rules closer to those of its five sister exchanges,
The Nasdaq Stock Market LLC; Nasdaq PHLX LLC; Nasdaq ISE, LLC;
Nasdaq GEMX, LLC; and Nasdaq MRX, LLC (``Affiliated Exchanges'').
The shell structure currently contains eight (8) General sections
which, once complete, will apply a common set of rules to the
Affiliated Exchanges. See Securities Exchange Act Release No. 82174
(November 29, 2017), 82 FR 57492 (December 5, 2017) (SR-BX-2017-
054).
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
website at https://nasdaqbx.cchwallstreet.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.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange recently amended, reorganized, and enhanced certain of
its membership, registration, and qualification requirement rules
partly in response to rule changes by the Financial Industry Regulatory
Authority (``FINRA''), and also in order to conform the Exchange's
rules more closely to those of its Affiliated Exchanges in the interest
of uniformity and to facilitate compliance with membership,
registration and qualification regulatory requirements by members of
multiple Affiliated Exchanges including the Exchange.\4\ To that end,
the Exchange adopted a new 1200 Series of rules, captioned
``Registration, Qualification and Continuing Education,'' generally
conforming the Exchange Registration Rules to FINRA's new 1200 Series,
except for a number of Exchange-specific variations.\5\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 84353 (October 3,
2018), 83 FR 50999 (October 10, 2018) (SR-BX-2018-047).
\5\ Id.
---------------------------------------------------------------------------
The Exchange now proposes to delete the Exchange Registration
Rules, currently under the 1200 Series (Rules 1210 through 1250), and
incorporate by reference the Nasdaq Registration Rules at General 4 of
Nasdaq's rulebook into General 4 of the Exchange's Rulebook. Relatedly,
the Exchange will make necessary cross-reference updates throughout the
Rulebook. Specifically, the Exchange will amend the cross-references in
Exchange Rules 1001, 1011, and 3010.
The incorporation by reference of Nasdaq Registration Rules at
General 4 into the Exchange's General 4 title and any necessary cross-
reference updates are regulatory in nature.\6\ The Exchange notes that
as a condition of an exemption, which the Exchange will request and
will need to be approved by the Commission pursuant to Section 36 of
the Act,\7\ the Exchange agrees to provide written notice to its
members whenever Nasdaq proposes a change to
[[Page 18909]]
its General 4 title.\8\ Such notice will alert Exchange members to the
proposed Nasdaq rule change and give them an opportunity to comment on
the proposal. The Exchange will similarly inform its members in writing
when the SEC approves any such proposed change.
---------------------------------------------------------------------------
\6\ The General 4 rules are categories of rules that are not
trading rules. See 17 CFR 200.30-3(a)(76) (contemplating such
requests). In addition, several other Self-Regulatory Organizations
(``SROs'') incorporate by reference certain regulatory rules of
other SROs and have received from the Commission similar exemptions
from Section 19(b) of the Exchange Act. See e.g., Securities
Exchange Act Release Nos. 57478 (March 12, 2008), 73 FR 14521 (March
18, 2008), 53128 (January 13, 2006), 71 FR 3550 (January 23, 2006);
49260 (February 17, 2004), 69 FR 8500 (February 24, 2004).
\7\ 15 U.S.C. 78mm.
\8\ The Exchange will provide such notice via a posting on the
same website location where the Exchange posts its own rule filings
pursuant to Rule 19b-4 within the timeframe required by such rule.
The website posting will include a link to the location on the
Nasdaq website where the applicable proposed rule change is posted.
---------------------------------------------------------------------------
Implementation
The Exchange proposes that this rule change becomes operative at
such time as it receives approval for an exemption from the Securities
and Exchange Commission, pursuant to its authority under Section 36 of
the Act and Rule 0-12 \9\ thereunder, from the Section 19(b) rule
filing requirements to separately file a proposed rule change to amend
the Exchange's General 4 title.
---------------------------------------------------------------------------
\9\ See 17 CFR 240.0-12; Exchange Act Release No. 39624
(February 5, 1998), 63 FR 8101 (February 18, 1998).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\10\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\11\ 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 consolidating its rules into a single rule set. The
Exchange intends to also file similar proposed rule changes for the
Nasdaq PHLX LLC; Nasdaq GEMX, LLC; Nasdaq ISE, LLC; and Nasdaq MRX, LLC
markets so that the General 4 rules which govern Registration Rules are
conformed.
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\10\ 15 U.S.C. 78f(b).
\11\ 15 U.S.C. 78f(b)(5).
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Incorporating by reference the Nasdaq Registration Rules at General
4 into the Exchange's General 4 title will provide an easy reference
for Exchange members seeking to comply with registration and
qualification requirements on multiple markets. As noted, the Exchange
intends to file similar proposed rule changes for other Affiliated
Exchanges so that Nasdaq General 4 is the source document for all
Registration Rules. The Exchange notes that the current rule is not
changing and that Exchange members will be required to continue to
comply with the Nasdaq Registration Rules as though such rules are
fully set forth in Exchange's Rulebook. The Exchange desires to conform
its rules and locate those rules within the same location in each
Rulebook to provide Exchange members the ability to quickly locate
rules.
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 Exchange believes that this
rule change does not impose an undue burden on competition because the
Exchange is merely incorporating by reference the Nasdaq Registration
Rules at General 4 into its own Rulebook. The Exchange Registration
Rules are not being amended and therefore no member is impacted.
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 become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \12\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
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\12\ 15 U.S.C. 78s(b)(3)(A)(iii).
\13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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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 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 [email protected]. Please include
File Number SR-BX 2019-010 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-2019-010. 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 submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-BX-2019-010 and should be submitted on
or before May 23, 2019.
[[Page 18910]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-08911 Filed 5-1-19; 8:45 am]
BILLING CODE 8011-01-P