Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Make Minor Updates and Consolidate Various Exchange Rules in Connection With Trading Permit Holder Registration and With Doing Business With the Public, and Move Those Rules From the Currently Effective Rulebook to Proposed Chapter 9 and, in Part, Chapter 3 of the Shell Structure for the Exchange's Rulebook That Will Become Effective Upon the Migration of the Exchange's Trading Platform to the Same System Used by the Cboe Affiliated Exchanges, 54704-54707 [2019-22139]
Download as PDF
54704
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
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
change should be approved or
disapproved.
submissions should refer to File
Number SR–CBOE–2019–070, and
should be submitted on or before
October 31, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Jill M. Peterson,
Assistant Secretary.
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:
[FR Doc. 2019–22146 Filed 10–9–19; 8:45 am]
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–2019–070 on the subject line.
Self-Regulatory Organizations; Cboe
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Make Minor Updates
and Consolidate Various Exchange
Rules in Connection With Trading
Permit Holder Registration and With
Doing Business With the Public, and
Move Those Rules From the Currently
Effective Rulebook to Proposed
Chapter 9 and, in Part, Chapter 3 of the
Shell Structure for the Exchange’s
Rulebook That Will Become Effective
Upon the Migration of the Exchange’s
Trading Platform to the Same System
Used by the Cboe Affiliated Exchanges
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–2019–070. 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 such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
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
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BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–87229; File No. SR–CBOE–
2019–088]
October 4, 2019.
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 October
3, 2019, Cboe Exchange, Inc. (the
‘‘Exchange’’ or ‘‘Cboe Options’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the Exchange. The
Exchange filed the proposal as a ‘‘noncontroversial’’ proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of
the Act 3 and Rule 19b–4(f)(6)
thereunder.4 The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe Exchange, Inc. (the ‘‘Exchange’’
or ‘‘Cboe Options’’) proposes to make
minor updates and consolidate various
Exchange Rules in connection with
19 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
1 15
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Trading Permit Holder (‘‘TPH’’)
registration and with doing business
with the public, and move those Rules
from the currently effective Rulebook
(‘‘current Rulebook’’) to proposed
Chapter 9 and, in part, Chapter 3 of the
shell structure for the Exchange’s
Rulebook that will become effective
upon the migration of the Exchange’s
trading platform to the same system
used by the Cboe Affiliated Exchanges
(as defined below) (‘‘shell Rulebook’’).
The text of the proposed rule change is
provided in Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (https://www.cboe.com/
AboutCBOE/
CBOELegalRegulatoryHome.aspx), at
the Exchange’s Office of the Secretary,
and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
In 2016, the Exchange’s parent
company, Cboe Global Markets, Inc.
(formerly named CBOE Holdings, Inc.)
(‘‘Cboe Global’’), which is also the
parent company of Cboe C2 Exchange,
Inc. (‘‘C2’’), acquired Cboe EDGA
Exchange, Inc. (‘‘EDGA’’), Cboe EDGX
Exchange, Inc. (‘‘EDGX’’ or ‘‘EDGX
Options’’), Cboe BZX Exchange, Inc.
(‘‘BZX’’ or ‘‘BZX Options’’), and Cboe
BYX Exchange, Inc. (‘‘BYX’’ and,
together with Cboe Options, C2, EDGX,
EDGA, and BZX, the ‘‘Cboe Affiliated
Exchanges’’). The Cboe Affiliated
Exchanges are working to align certain
system functionality, retaining only
intended differences, between the Cboe
Affiliated Exchanges, in the context of a
technology migration. Cboe Options
intends to migrate its trading platform to
the same system used by the Cboe
Affiliated Exchanges, which the
Exchange expects to complete on
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
October 7, 2019. In connection with this
technology migration, the Exchange has
a shell Rulebook that resides alongside
its current Rulebook, which shell
Rulebook will contain the Rules that
will be in place upon completion of the
Cboe Options technology migration.
The Exchange proposes to consolidate
current Chapter 9 in connection with
doing business with the public and TPH
registration into proposed Chapter 9
(Doing Business With the Public), as
well as proposed Section B of Chapter
3 (TPH Registration), in the shell
Rulebook. The Exchange notes that in
addition to consolidating and moving
the various rules related to doing
54705
business with the public to proposed
Chapter 9 and those related to TPH
registration to proposed Section B of
Chapter 3, the proposed rule change
deletes the rules from the current
Rulebook. The proposed rule change
moves and, where applicable,
consolidates the rules as follows:
Shell rule
Current rule
Chapter 3. TPH Membership, Registration, and Participants
Section B. TPH Registration
3.33
Continuing Education for Registered Persons:
3.33(a)–(c) .........................................................................................
3.33(d) ...............................................................................................
3.33(e) ...............................................................................................
3.33(f) ................................................................................................
3.33(g) ...............................................................................................
3.35 Exchange Approval ........................................................................
3.36
Registration of Options Principals:
3.36(a) ...............................................................................................
3.36(b) ...............................................................................................
3.36(c) ...............................................................................................
3.37 Registration and Termination of Representatives:
3.37(a)–(c) .........................................................................................
3.37(d) ...............................................................................................
3.37(e) ...............................................................................................
3.38 Other Affiliations of Registered Associated Persons .....................
3.39 Discipline, Suspension, Expulsion of Registered Persons ............
3.40 Branch Offices of TPH Organizations:
3.40(a)–(b) .........................................................................................
3.40(c)–(g) .........................................................................................
9.3A Continuing Education for Registered Persons.
9.3A.01.
9.3A.02.
9.3A.03.
9.3A.04.
9.1 Exchange Approval; 21.19A Doing Business with the Public (government securities options, provision in connection with Rule 9.1).
9.2 Registration of Options Principals; 21.19A Doing Business with
the Public (government securities options, provision in connection
with Rule 9.2).
9.2.01.
9.2.02.
9.3 Registration and Termination of Representatives.
9.3.01.
9.2.02.
9.4 Other Affiliations of Registered Associated Persons.
9.5 Discipline, Suspension, Expulsion of Registered Persons.
9.6 Branch Offices of TPH Organizations.
9.6.01.
Chapter 9. Doing Business With the Public
9.1
9.2
Opening of Accounts:
9.1(a)–(f) ............................................................................................
9.1(b)(1) .............................................................................................
9.1(b)(2) .............................................................................................
9.1(c) last sentence in paragraph .....................................................
9.1(g) .................................................................................................
9.1(h) .................................................................................................
Supervision of Accounts:
9.2(a)–(h) ...........................................................................................
9.2(g), included as last sentence ......................................................
9.2(i)–(j) .............................................................................................
9.2(k) .................................................................................................
Suitability of Recommendations:
9.3(a)–(b) ...........................................................................................
9.3(c) .................................................................................................
9.4 Discretionary Accounts:
9.4(a)–(e) ...........................................................................................
9.4(f) ..................................................................................................
9.5 Confirmation to Customers ..............................................................
9.6 Statements of Accounts to Customers:
9.6(a) .................................................................................................
9.6(b) .................................................................................................
9.7 Statements of Financial Condition to Customers ............................
9.8 Addressing of Communications to Customers ................................
9.9 Delivery of Current Options Disclosure Documents ........................
9.10 Restrictions on Pledge and Lending of Customers’ Securities .....
9.11 Transactions of Certain Customers ...............................................
9.12 Prohibition Against Guarantees and Sharing in Accounts ............
9.13 Assuming Losses ...........................................................................
9.14 Transfer of Accounts:
9.14(a)–(g) .........................................................................................
9.14(h)–(i) ..........................................................................................
9.7 Opening of Accounts.
9.7.01.
9.7.02.
9.7.03.
9.7.04.
21.19A Doing Business with the Public (government securities options,
provision in connection with Rule 9.7).
9.8 Supervision of Accounts.
9.8.03.
9.8.01–.02.
21.19A Doing Business with the Public (government securities options,
provision in connection with Rule 9.8).
9.3
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9.9 Suitability of Recommendations.
9.9.01.
9.10 Discretionary Accounts.
9.10.01.
9.11 Confirmation to Customers.
9.12 Statements of Accounts to Customers.
9.12.01.
9.13 Statements of Financial Condition to Customers.
9.14 Addressing of Communications to Customers.
9.15 Delivery of Current Options Disclosure Documents.
9.16 Restrictions on Pledge and Lending of Customers’ Securities.
9.17 Transactions of Certain Customers.
9.18 Prohibition Against Guarantees and Sharing in Accounts.
9.19 Assuming Losses.
9.20 Transfer of Accounts.
9.20.01–.02.
Sfmt 4703
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
Shell rule
Current rule
9.15
Options Communications:
9.15(a)–(e) .........................................................................................
9.15(e)(3) ...........................................................................................
9.15(f) ................................................................................................
9.15(g) ...............................................................................................
9.15(h) ...............................................................................................
9.16 Brokers’ Blanket Bonds .................................................................
9.16(a) ...............................................................................................
9.16(b) ...............................................................................................
9.16(c) ...............................................................................................
9.16(d) ...............................................................................................
9.16(e) ...............................................................................................
9.17 Customer Complaints ....................................................................
9.18 Telemarketing:
9.18(a)–(n) .........................................................................................
9.18(o) ...............................................................................................
9.19 Borrowing From or Lending to Customers ....................................
The proposed rule changes make only
non-substantive changes to the rules in
order to update headings that better
flow with the consolidated rules, update
cross-references to other rule text that
will be implemented upon migration,
update certain technical text formatting
that will be used in the Rules upon
migration (e.g., using words for numbers
below 10 in the text and numerals for
numbers above 10 in the text),
incorporate defined terms, and reformat
the paragraph lettering and numbering.
The proposed change removes an
expired clause under current Rule
9.3A(a)(3) (proposed Rule 3.33(a)(3))
which currently states that, until
January 4, 2016, the Exchange will offer
the S501 Series 56 Proprietary Trader
Continuing Education Program for
Series 56 registered persons, and the
S101 General Program for Series 7,
Series 57, and all other registered
persons. The proposed rule also makes
non-substantive changes in connection
with removing a redundant rule. The
proposed rule change removes Rule
28.13 which states that the rules in
Chapter 9 have a parallel application to
Corporate Debt Security options, as this
is redundant of the Chapter itself and its
applicability to all options trading on
the Exchange. It also removes the
language under current Rule 21.19A
regarding current Rule 9.15, which
states that Rule 9.15 requires delivery of
the current options disclosure
document, because this is redundant of
Rule 9.15 itself.
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the
Securities Exchange Act of 1934 (the
‘‘Act’’) and the rules and regulations
thereunder applicable to the Exchange
and, in particular, the requirements of
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19:50 Oct 09, 2019
Jkt 250001
9.21 Options Communications.
9.21.01.
9.21.02.
9.21.03.
9.21.04.
9.22 Brokers’ Blanket Bonds, and introductory language to 9.22.01.
9.22.01(a).
9.22.01(b).
9.22.01(c).
9.22.01(d).
9.22.01(e).
9.23 Customer Complaints.
9.24 Telemarketing.
9.24.01–.02.
9.25 Borrowing from or Lending to Customers.
Section 6(b) of the Act.5 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 6 requirements that the rules of
an exchange be designed to prevent
fraudulent and manipulative acts and
practices, to 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 facilitating transactions in
securities, 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.
Additionally, the Exchange believes the
proposed rule change is consistent with
the Section 6(b)(5) 7 requirement that
the rules of an exchange not be designed
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
The proposed rule change does not
make any substantive changes to the
rules and is merely intended to
consolidate, reorganize, and make nonsubstantive updates to the Exchange’s
rules in anticipation of the technology
migration on October 7, 2019. The
Exchange believes that the nonsubstantive proposed changes, which
update technical text and formatting
(e.g., paragraph headings and numberrelated references), update rule crossreferences, consolidate and reorganize
rules and rule paragraphs and/or
Interpretations and Policies, and remove
an expired clause and a redundant rule
that is integrally provided for in the
Chapter in which it references, will
foster cooperation and coordination
with those facilitating transactions in
securities and remove impediments to
and perfect the mechanism of a free and
5 15
6 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
open market and national market system
by simplifying the Exchange Rules and
Rulebook as a whole, and making its
Rules easier to follow and understand,
which will also result in less
burdensome and more efficient
regulatory compliance.
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
Exchange reiterates that the proposed
rule change is being proposed in the
context of a technology migration of the
Cboe Affiliated Exchanges, and not as a
competitive filing. The Exchange does
not believe that the proposed rule
change will impose any burden on
intramarket competition because it does
not make any substantive changes to the
current Exchange Rules. The proposed
rule change merely intends to provide
consolidated rules upon migration and
are consistent with the technical text
and formatting in the shell Rulebook
that will be in place come October 7,
2019. The Exchange does not believe
that the proposed rule change will
impose any burden on intermarket
competition because the proposed rules
are the same as the Exchange’s current
rules, all of which have all been
previously filed with the Commission.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
7 Id.
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
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) of the Act 8 and Rule 19b–
4(f)(6) thereunder.9
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 10 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 11
permits the Commission to 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 so that the Exchange
may implement the proposed rule
change at the time of its anticipated
October 7, 2019 system migration. The
Exchange believes that waiver of the
operative delay is appropriate because,
as the Exchange discussed above, its
proposal does not make any substantive
changes to the Exchange’s rules. The
Commission believes that waiver of the
30-day operative delay is consistent
with the protection of investors and the
public interest because the proposal
does not raise any new or novel issues
and makes only non-substantive
changes to the rules. Therefore, the
Commission hereby waives the
operative delay and designates the
proposal as operative upon filing.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 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
8 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and text of 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.
10 17 CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6)(iii).
12 For purposes only of waiving the 30-day
operative delay, the Commission also has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
9 17
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19:50 Oct 09, 2019
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Commission will institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
54707
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–22139 Filed 10–9–19; 8:45 am]
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
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–87223; File No. SR–
NYSEArca–2019–55]
• 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–2019–088 on the subject line.
Self-Regulatory Organizations; NYSE
Arca, Inc.; Order Approving a
Proposed Rule Change To Amend
NYSE Arca Rule 8.700–E and To List
and Trade Shares of the Dynamic
Short Short-Term Volatility Futures
ETF
Paper Comments
October 4, 2019.
• 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–2019–088. 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–CBOE–2019–088 and
should be submitted on or before
October 31, 2019.
I. Introduction
On August 7, 2019, NYSE Arca, Inc.
(‘‘NYSE Arca’’ 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 proposal to: (1)
Amend NYSE Arca Rule 8.700–E to add
futures contracts and swaps on the Cboe
Volatility Index (‘‘VIX’’ or ‘‘VIX Index’’)
to the financial instruments that an
issue of Managed Trust Securities 3 may
hold; and (2) to list and trade shares
(‘‘Shares’’) of the Dynamic Short ShortTerm Volatility Futures ETF (‘‘Fund’’), a
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
13 17
CFR 200.30–3(a)(12).
U.S.C.78s(b)(1).
2 17 CFR 240.19b–4.
3 Managed Trust Security means a security that is
registered under the Securities Act of 1933 (15
U.S.C. 77a), as amended (the ‘‘Securities Act’’), and
(i) is issued by a trust (‘‘Trust’’), or any series
thereof, that (1) is a commodity pool as defined in
the Commodity Exchange Act and regulations
thereunder, is not registered or required to be
registered as an investment company under the
Investment Company Act of 1940, as amended, and
is managed by a commodity pool operator
registered with the Commodity Futures Trading
Commission, and (2) holds long and/or short
positions in exchange-traded futures contracts and/
or certain currency forward contracts and/or swaps
selected by the Trust’s advisor consistent with the
Trust’s investment objectives, which will only
include exchange-traded futures contracts involving
commodities, commodity indices, currencies,
currency indices, stock indices, the EURO STOXX
50 Volatility Index (VSTOXX), fixed income
indices, interest rates and sovereign, private and
mortgage or asset backed debt instruments, and/or
forward contracts on specified currencies, and/or
swaps on stock indices, fixed income indices,
commodity indices, VSTOXX, commodities,
currencies, currency indices, or interest rates, each
as disclosed in the Trust’s prospectus as such may
be amended from time to time, and cash and cash
equivalents; and (ii) is issued and redeemed
continuously in specified aggregate amounts at the
next applicable net asset value. See NYSE Arca
Rule 8.700–E(c)(1).
1 15
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Agencies
[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54704-54707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22139]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-87229; File No. SR-CBOE-2019-088]
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Make
Minor Updates and Consolidate Various Exchange Rules in Connection With
Trading Permit Holder Registration and With Doing Business With the
Public, and Move Those Rules From the Currently Effective Rulebook to
Proposed Chapter 9 and, in Part, Chapter 3 of the Shell Structure for
the Exchange's Rulebook That Will Become Effective Upon the Migration
of the Exchange's Trading Platform to the Same System Used by the Cboe
Affiliated Exchanges
October 4, 2019.
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 October 3, 2019, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to make minor updates and consolidate various Exchange Rules in
connection with Trading Permit Holder (``TPH'') registration and with
doing business with the public, and move those Rules from the currently
effective Rulebook (``current Rulebook'') to proposed Chapter 9 and, in
part, Chapter 3 of the shell structure for the Exchange's Rulebook that
will become effective upon the migration of the Exchange's trading
platform to the same system used by the Cboe Affiliated Exchanges (as
defined below) (``shell Rulebook''). The text of the proposed rule
change is provided in Exhibit 5.
The text of the proposed rule change is also available on the
Exchange's website (https://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
In 2016, the Exchange's parent company, Cboe Global Markets, Inc.
(formerly named CBOE Holdings, Inc.) (``Cboe Global''), which is also
the parent company of Cboe C2 Exchange, Inc. (``C2''), acquired Cboe
EDGA Exchange, Inc. (``EDGA''), Cboe EDGX Exchange, Inc. (``EDGX'' or
``EDGX Options''), Cboe BZX Exchange, Inc. (``BZX'' or ``BZX
Options''), and Cboe BYX Exchange, Inc. (``BYX'' and, together with
Cboe Options, C2, EDGX, EDGA, and BZX, the ``Cboe Affiliated
Exchanges''). The Cboe Affiliated Exchanges are working to align
certain system functionality, retaining only intended differences,
between the Cboe Affiliated Exchanges, in the context of a technology
migration. Cboe Options intends to migrate its trading platform to the
same system used by the Cboe Affiliated Exchanges, which the Exchange
expects to complete on
[[Page 54705]]
October 7, 2019. In connection with this technology migration, the
Exchange has a shell Rulebook that resides alongside its current
Rulebook, which shell Rulebook will contain the Rules that will be in
place upon completion of the Cboe Options technology migration.
The Exchange proposes to consolidate current Chapter 9 in
connection with doing business with the public and TPH registration
into proposed Chapter 9 (Doing Business With the Public), as well as
proposed Section B of Chapter 3 (TPH Registration), in the shell
Rulebook. The Exchange notes that in addition to consolidating and
moving the various rules related to doing business with the public to
proposed Chapter 9 and those related to TPH registration to proposed
Section B of Chapter 3, the proposed rule change deletes the rules from
the current Rulebook. The proposed rule change moves and, where
applicable, consolidates the rules as follows:
------------------------------------------------------------------------
Shell rule Current rule
------------------------------------------------------------------------
Chapter 3. TPH Membership, Registration, and Participants
Section B. TPH Registration
------------------------------------------------------------------------
3.33 Continuing Education for
Registered Persons:
3.33(a)-(c)........................ 9.3A Continuing Education for
Registered Persons.
3.33(d)............................ 9.3A.01.
3.33(e)............................ 9.3A.02.
3.33(f)............................ 9.3A.03.
3.33(g)............................ 9.3A.04.
3.35 Exchange Approval................. 9.1 Exchange Approval; 21.19A
Doing Business with the Public
(government securities
options, provision in
connection with Rule 9.1).
3.36 Registration of Options
Principals:
3.36(a)............................ 9.2 Registration of Options
Principals; 21.19A Doing
Business with the Public
(government securities
options, provision in
connection with Rule 9.2).
3.36(b)............................ 9.2.01.
3.36(c)............................ 9.2.02.
3.37 Registration and Termination of
Representatives:
3.37(a)-(c)........................ 9.3 Registration and
Termination of
Representatives.
3.37(d)............................ 9.3.01.
3.37(e)............................ 9.2.02.
3.38 Other Affiliations of Registered 9.4 Other Affiliations of
Associated Persons. Registered Associated Persons.
3.39 Discipline, Suspension, Expulsion 9.5 Discipline, Suspension,
of Registered Persons. Expulsion of Registered
Persons.
3.40 Branch Offices of TPH
Organizations:
3.40(a)-(b)........................ 9.6 Branch Offices of TPH
Organizations.
3.40(c)-(g)........................ 9.6.01.
------------------------------------------------------------------------
Chapter 9. Doing Business With the Public
------------------------------------------------------------------------
9.1 Opening of Accounts:
9.1(a)-(f)......................... 9.7 Opening of Accounts.
9.1(b)(1).......................... 9.7.01.
9.1(b)(2).......................... 9.7.02.
9.1(c) last sentence in paragraph.. 9.7.03.
9.1(g)............................. 9.7.04.
9.1(h)............................. 21.19A Doing Business with the
Public (government securities
options, provision in
connection with Rule 9.7).
9.2 Supervision of Accounts:
9.2(a)-(h)......................... 9.8 Supervision of Accounts.
9.2(g), included as last sentence.. 9.8.03.
9.2(i)-(j)......................... 9.8.01-.02.
9.2(k)............................. 21.19A Doing Business with the
Public (government securities
options, provision in
connection with Rule 9.8).
9.3 Suitability of Recommendations:
9.3(a)-(b)......................... 9.9 Suitability of
Recommendations.
9.3(c)............................. 9.9.01.
9.4 Discretionary Accounts:
9.4(a)-(e)......................... 9.10 Discretionary Accounts.
9.4(f)............................. 9.10.01.
9.5 Confirmation to Customers.......... 9.11 Confirmation to Customers.
9.6 Statements of Accounts to
Customers:
9.6(a)............................. 9.12 Statements of Accounts to
Customers.
9.6(b)............................. 9.12.01.
9.7 Statements of Financial Condition 9.13 Statements of Financial
to Customers. Condition to Customers.
9.8 Addressing of Communications to 9.14 Addressing of
Customers. Communications to Customers.
9.9 Delivery of Current Options 9.15 Delivery of Current
Disclosure Documents. Options Disclosure Documents.
9.10 Restrictions on Pledge and Lending 9.16 Restrictions on Pledge and
of Customers' Securities. Lending of Customers'
Securities.
9.11 Transactions of Certain Customers. 9.17 Transactions of Certain
Customers.
9.12 Prohibition Against Guarantees and 9.18 Prohibition Against
Sharing in Accounts. Guarantees and Sharing in
Accounts.
9.13 Assuming Losses................... 9.19 Assuming Losses.
9.14 Transfer of Accounts:
9.14(a)-(g)........................ 9.20 Transfer of Accounts.
9.14(h)-(i)........................ 9.20.01-.02.
[[Page 54706]]
9.15 Options Communications:
9.15(a)-(e)........................ 9.21 Options Communications.
9.15(e)(3)......................... 9.21.01.
9.15(f)............................ 9.21.02.
9.15(g)............................ 9.21.03.
9.15(h)............................ 9.21.04.
9.16 Brokers' Blanket Bonds............ 9.22 Brokers' Blanket Bonds,
and introductory language to
9.22.01.
9.16(a)............................ 9.22.01(a).
9.16(b)............................ 9.22.01(b).
9.16(c)............................ 9.22.01(c).
9.16(d)............................ 9.22.01(d).
9.16(e)............................ 9.22.01(e).
9.17 Customer Complaints............... 9.23 Customer Complaints.
9.18 Telemarketing:
9.18(a)-(n)........................ 9.24 Telemarketing.
9.18(o)............................ 9.24.01-.02.
9.19 Borrowing From or Lending to 9.25 Borrowing from or Lending
Customers. to Customers.
------------------------------------------------------------------------
The proposed rule changes make only non-substantive changes to the
rules in order to update headings that better flow with the
consolidated rules, update cross-references to other rule text that
will be implemented upon migration, update certain technical text
formatting that will be used in the Rules upon migration (e.g., using
words for numbers below 10 in the text and numerals for numbers above
10 in the text), incorporate defined terms, and reformat the paragraph
lettering and numbering. The proposed change removes an expired clause
under current Rule 9.3A(a)(3) (proposed Rule 3.33(a)(3)) which
currently states that, until January 4, 2016, the Exchange will offer
the S501 Series 56 Proprietary Trader Continuing Education Program for
Series 56 registered persons, and the S101 General Program for Series
7, Series 57, and all other registered persons. The proposed rule also
makes non-substantive changes in connection with removing a redundant
rule. The proposed rule change removes Rule 28.13 which states that the
rules in Chapter 9 have a parallel application to Corporate Debt
Security options, as this is redundant of the Chapter itself and its
applicability to all options trading on the Exchange. It also removes
the language under current Rule 21.19A regarding current Rule 9.15,
which states that Rule 9.15 requires delivery of the current options
disclosure document, because this is redundant of Rule 9.15 itself.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\5\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \6\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
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 facilitating
transactions in securities, 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. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
\7\ Id.
---------------------------------------------------------------------------
The proposed rule change does not make any substantive changes to
the rules and is merely intended to consolidate, reorganize, and make
non-substantive updates to the Exchange's rules in anticipation of the
technology migration on October 7, 2019. The Exchange believes that the
non-substantive proposed changes, which update technical text and
formatting (e.g., paragraph headings and number-related references),
update rule cross-references, consolidate and reorganize rules and rule
paragraphs and/or Interpretations and Policies, and remove an expired
clause and a redundant rule that is integrally provided for in the
Chapter in which it references, will foster cooperation and
coordination with those facilitating transactions in securities and
remove impediments to and perfect the mechanism of a free and open
market and national market system by simplifying the Exchange Rules and
Rulebook as a whole, and making its Rules easier to follow and
understand, which will also result in less burdensome and more
efficient regulatory compliance.
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 Exchange reiterates that
the proposed rule change is being proposed in the context of a
technology migration of the Cboe Affiliated Exchanges, and not as a
competitive filing. The Exchange does not believe that the proposed
rule change will impose any burden on intramarket competition because
it does not make any substantive changes to the current Exchange Rules.
The proposed rule change merely intends to provide consolidated rules
upon migration and are consistent with the technical text and
formatting in the shell Rulebook that will be in place come October 7,
2019. The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition because the proposed rules
are the same as the Exchange's current rules, all of which have all
been previously filed with the Commission.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
[[Page 54707]]
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) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of 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.
---------------------------------------------------------------------------
A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the
Commission to 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 so that
the Exchange may implement the proposed rule change at the time of its
anticipated October 7, 2019 system migration. The Exchange believes
that waiver of the operative delay is appropriate because, as the
Exchange discussed above, its proposal does not make any substantive
changes to the Exchange's rules. The Commission believes that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest because the proposal does not raise
any new or novel issues and makes only non-substantive changes to the
rules. Therefore, the Commission hereby waives the operative delay and
designates the proposal as operative upon filing.\12\
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\10\ 17 CFR 240.19b-4(f)(6).
\11\ 17 CFR 240.19b-4(f)(6)(iii).
\12\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-CBOE-2019-088 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-2019-088. 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-CBOE-2019-088 and should be submitted on
or before October 31, 2019.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------
\13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-22139 Filed 10-9-19; 8:45 am]
BILLING CODE 8011-01-P