Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Provide an Exemption to Certain Governance Requirements for Series of Managed Portfolio Shares Listed on the Exchange Pursuant to Rule 14.11(k), 6240-6241 [2020-02048]
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6240
Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–88075; File No. SR–
CboeBZX–2020–010]
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Provide an
Exemption to Certain Governance
Requirements for Series of Managed
Portfolio Shares Listed on the
Exchange Pursuant to Rule 14.11(k)
January 29, 2020.
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 January
22, 2020, Cboe BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX’’) 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX’’) is filing with the
Securities and Exchange Commission
(‘‘Commission’’) a proposed rule change
to provide an exemption to certain
governance requirements for series of
Managed Portfolio Shares listed on the
Exchange pursuant to Rule 14.11(k).
The text of the proposed rule change
is also available on the Exchange’s
website (https://markets.cboe.com/us/
equities/regulation/rule_filings/bzx/), at
the Exchange’s Office of the Secretary,
and at the Commission’s Public
Reference Room.
khammond on DSKJM1Z7X2PROD with NOTICES
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
2 17
VerDate Sep<11>2014
17:48 Feb 03, 2020
Jkt 250001
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
On December 16, 2019, the
Commission approved an Exchange
proposal to adopt BZX Rule 14.11(k)
related to the listing and trading of
Managed Portfolio Shares 5 on the
Exchange.6 Currently, Rule
14.10(e)(1)(E) provides an exemption to
certain audit committee requirements
provided under Rule 14.10(c)(3) for
funds listed on the Exchange that are
Index Fund Shares and Managed Fund
Shares. Specifically, Rule 14.10(e)(1)(E)
provides that ‘‘management investment
companies that are Index Fund Shares
and Managed Fund Shares, as defined
in Rules 14.11(c) and 14.11(i), are
exempt from the Audit Committee
requirements set forth in Rule
14.10(c)(3), except for the applicable
requirements of SEC Rule 10A–3.’’
Managed Fund Shares and Index
Fund Shares are exempted from the
requirements of Rule 14.10(c)(3) because
they are otherwise subject to the
5 The term ‘‘Managed Portfolio Share’’ means a
security that (a) represents an interest in an
investment company registered under the
Investment Company Act of 1940 (‘‘Investment
Company’’) organized as an open-end management
investment company, that invests in a portfolio of
securities selected by the Investment Company’s
investment adviser consistent with the Investment
Company’s investment objectives and policies; (b)
is issued in a Creation Unit (as defined in Rule
14.11(k)(3)(F)), or multiples thereof, in return for a
designated portfolio of instruments (and/or an
amount of cash) with a value equal to the next
determined net asset value and delivered to the
Authorized Participant (as defined in the
Investment Company’s Form N–1A filed with the
Commission) through a Confidential Account (as
defined in Rule 14.11(k)(3)(D)); (c) when aggregated
into a Redemption Unit (as defined in Rule
14.11(k)(3)(G)), or multiples thereof, may be
redeemed for a designated portfolio of instruments
(and/or an amount of cash) with a value equal to
the next determined net asset value delivered to the
Confidential Account for the benefit of the
Authorized Participant; and (d) the portfolio
holdings for which are disclosed within at least 60
days following the end of every fiscal quarter.
6 See Securities Exchange Act Release No. 87759
(December 16, 2019), 84 FR 70223 (December 20,
2019) (SR–CboeBZX–2019–047) (the ‘‘MPS
Approval Order’’). The Exchange notes that it does
not currently list any series of Managed Portfolio
Shares, so the proposed change would only have an
impact if the Exchange listed Managed Portfolio
Shares in the future.
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
accounting and auditing requirements of
the Investment Company Act of 1940
(the ‘‘1940 Act’’), including Section
32(a).7 Because Managed Portfolio
Shares are also subject to the accounting
and auditing requirements under the
1940 Act and are so similarly situated
to Managed Fund Shares and only to a
slightly lesser extent Index Fund
Shares,8 the Exchange believes that
Managed Portfolio Shares should be
subject to and exempt from the same
corporate governance requirements
associated with listing on the Exchange.
As such, the Exchange is proposing to
make a change to amend Rule
14.10(e)(1)(E) in order to add Managed
Portfolio Shares to the list of product
types listed on the Exchange that are
exempted from the Audit Committee
requirements set forth in Rule
14.10(c)(3), except for the applicable
requirements of SEC Rule 10A–3.9
2. Statutory Basis
The Exchange believes that the
proposal is consistent with Section 6(b)
of the Act 10 in general and Section
6(b)(5) of the Act 11 in particular in that
it is designed to prevent fraudulent and
manipulative acts and practices, 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.
The Exchange believes that this
change to amend Rule 14.10(e)(1)(E) in
order to add Managed Portfolio Shares
to a list of product types listed on the
Exchange, including Index Fund Shares
and Managed Fund Shares, that are
exempted from the Audit Committee
requirements set forth in Rule
7 15
U.S.C. 80a–31.
each of Managed Fund Shares and Managed
Portfolio Shares a share represents an interest in an
Investment Company organized as an open-end
management investment company that invests in a
portfolio of securities selected by the Investment
Company’s investment adviser consistent with the
Investment Company’s investment objectives and
policies. See MPS Approval Order at 70224 for
additional information. For Index Fund Shares, the
primary difference is that the Investment Company
seeks to provide investment results that correspond
generally to the price and yield performance or total
return performance of a specified index, rather than
simply a portfolio selected by the Investment
Company’s investment adviser.
9 17 CFR 240.10A–3.
10 15 U.S.C. 78f.
11 15 U.S.C. 78f(b)(5).
8 For
E:\FR\FM\04FEN1.SGM
04FEN1
Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Notices
14.10(c)(3), except for the applicable
requirements of SEC Rule 10A–3 is
consistent with the Act because it is
meant only to subject Managed Portfolio
Shares to the same corporate governance
requirements currently applicable to the
very similar product structures of
Managed Fund Shares and Index Fund
Shares.12
For the above reasons, the Exchange
believes that the proposed rule change
is consistent with the requirements of
Section 6(b)(5) of the Act.
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 purpose of the Act. To the
contrary, the Exchange believes that the
proposed rule change would better
allow issuers of Managed Portfolio
Shares to comply with the Exchange’s
governance requirements in a manner
generally consistent with other product
types, which the Exchange believes will
help promote competition among
products listed on the Exchange.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received written comments on the
proposed rule change.
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 13 and Rule 19b–
4(f)(6) thereunder.14
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 15 normally does not become
operative for 30 days after the date of its
12 See
supra note 7.
U.S.C. 78s(b)(3)(A).
14 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.
15 17 CFR 240.19b–4(f)(6).
khammond on DSKJM1Z7X2PROD with NOTICES
13 15
VerDate Sep<11>2014
17:48 Feb 03, 2020
Jkt 250001
filing. However, Rule 19b–4(f)(6)(iii) 16
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
requested that the Commission waive
the 30-day operative delay so that the
proposal may become operative upon
filing. The Exchange stated that it
believes that waiving the operative
delay will allow any series of Managed
Portfolio Shares that lists on the
Exchange in the near future to take
advantage of this exemption to certain
audit committee requirements and not
have to either delay launch or take
short-term remedial measures to comply
with all requirements of Rule
14.10(c)(3).
The Commission believes that waiver
of the operative delay is appropriate
because, as the Exchange stated, the rule
proposal is requesting an exemption to
certain audit committee requirements
that is currently granted to Managed
Fund Shares and Index Fund Shares,
and there are no unique issues
associated with proving such an
exemption to Managed Portfolio Shares
that have not already been considered
by the Commission or that would
warrant disparate treatment.
Accordingly, the Commission
designates the proposed rule change to
be operative upon filing.17
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:
16 17
CFR 240.19b–4(f)(6)(iii).
17 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).
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
6241
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–
CboeBZX–2020–010 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–CboeBZX–2020–010. 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–CboeBZX–2020–010 and
should be submitted on or before
February 25, 2020.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020–02048 Filed 2–3–20; 8:45 am]
BILLING CODE 8011–01–P
18 17
E:\FR\FM\04FEN1.SGM
CFR 200.30–3(a)(12).
04FEN1
Agencies
[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Notices]
[Pages 6240-6241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02048]
[[Page 6240]]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-88075; File No. SR-CboeBZX-2020-010]
Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Provide
an Exemption to Certain Governance Requirements for Series of Managed
Portfolio Shares Listed on the Exchange Pursuant to Rule 14.11(k)
January 29, 2020.
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 January 22, 2020, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') 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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') is filing
with the Securities and Exchange Commission (``Commission'') a proposed
rule change to provide an exemption to certain governance requirements
for series of Managed Portfolio Shares listed on the Exchange pursuant
to Rule 14.11(k).
The text of the proposed rule change is also available on the
Exchange's website (https://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), 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
On December 16, 2019, the Commission approved an Exchange proposal
to adopt BZX Rule 14.11(k) related to the listing and trading of
Managed Portfolio Shares \5\ on the Exchange.\6\ Currently, Rule
14.10(e)(1)(E) provides an exemption to certain audit committee
requirements provided under Rule 14.10(c)(3) for funds listed on the
Exchange that are Index Fund Shares and Managed Fund Shares.
Specifically, Rule 14.10(e)(1)(E) provides that ``management investment
companies that are Index Fund Shares and Managed Fund Shares, as
defined in Rules 14.11(c) and 14.11(i), are exempt from the Audit
Committee requirements set forth in Rule 14.10(c)(3), except for the
applicable requirements of SEC Rule 10A-3.''
---------------------------------------------------------------------------
\5\ The term ``Managed Portfolio Share'' means a security that
(a) represents an interest in an investment company registered under
the Investment Company Act of 1940 (``Investment Company'')
organized as an open-end management investment company, that invests
in a portfolio of securities selected by the Investment Company's
investment adviser consistent with the Investment Company's
investment objectives and policies; (b) is issued in a Creation Unit
(as defined in Rule 14.11(k)(3)(F)), or multiples thereof, in return
for a designated portfolio of instruments (and/or an amount of cash)
with a value equal to the next determined net asset value and
delivered to the Authorized Participant (as defined in the
Investment Company's Form N-1A filed with the Commission) through a
Confidential Account (as defined in Rule 14.11(k)(3)(D)); (c) when
aggregated into a Redemption Unit (as defined in Rule
14.11(k)(3)(G)), or multiples thereof, may be redeemed for a
designated portfolio of instruments (and/or an amount of cash) with
a value equal to the next determined net asset value delivered to
the Confidential Account for the benefit of the Authorized
Participant; and (d) the portfolio holdings for which are disclosed
within at least 60 days following the end of every fiscal quarter.
\6\ See Securities Exchange Act Release No. 87759 (December 16,
2019), 84 FR 70223 (December 20, 2019) (SR-CboeBZX-2019-047) (the
``MPS Approval Order''). The Exchange notes that it does not
currently list any series of Managed Portfolio Shares, so the
proposed change would only have an impact if the Exchange listed
Managed Portfolio Shares in the future.
---------------------------------------------------------------------------
Managed Fund Shares and Index Fund Shares are exempted from the
requirements of Rule 14.10(c)(3) because they are otherwise subject to
the accounting and auditing requirements of the Investment Company Act
of 1940 (the ``1940 Act''), including Section 32(a).\7\ Because Managed
Portfolio Shares are also subject to the accounting and auditing
requirements under the 1940 Act and are so similarly situated to
Managed Fund Shares and only to a slightly lesser extent Index Fund
Shares,\8\ the Exchange believes that Managed Portfolio Shares should
be subject to and exempt from the same corporate governance
requirements associated with listing on the Exchange. As such, the
Exchange is proposing to make a change to amend Rule 14.10(e)(1)(E) in
order to add Managed Portfolio Shares to the list of product types
listed on the Exchange that are exempted from the Audit Committee
requirements set forth in Rule 14.10(c)(3), except for the applicable
requirements of SEC Rule 10A-3.\9\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 80a-31.
\8\ For each of Managed Fund Shares and Managed Portfolio Shares
a share represents an interest in an Investment Company organized as
an open-end management investment company that invests in a
portfolio of securities selected by the Investment Company's
investment adviser consistent with the Investment Company's
investment objectives and policies. See MPS Approval Order at 70224
for additional information. For Index Fund Shares, the primary
difference is that the Investment Company seeks to provide
investment results that correspond generally to the price and yield
performance or total return performance of a specified index, rather
than simply a portfolio selected by the Investment Company's
investment adviser.
\9\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposal is consistent with Section
6(b) of the Act \10\ in general and Section 6(b)(5) of the Act \11\ in
particular in that it is designed to prevent fraudulent and
manipulative acts and practices, 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.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78f.
\11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that this change to amend Rule 14.10(e)(1)(E)
in order to add Managed Portfolio Shares to a list of product types
listed on the Exchange, including Index Fund Shares and Managed Fund
Shares, that are exempted from the Audit Committee requirements set
forth in Rule
[[Page 6241]]
14.10(c)(3), except for the applicable requirements of SEC Rule 10A-3
is consistent with the Act because it is meant only to subject Managed
Portfolio Shares to the same corporate governance requirements
currently applicable to the very similar product structures of Managed
Fund Shares and Index Fund Shares.\12\
---------------------------------------------------------------------------
\12\ See supra note 7.
---------------------------------------------------------------------------
For the above reasons, the Exchange believes that the proposed rule
change is consistent with the requirements of Section 6(b)(5) of the
Act.
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 purpose of the Act. To the contrary, the Exchange
believes that the proposed rule change would better allow issuers of
Managed Portfolio Shares to comply with the Exchange's governance
requirements in a manner generally consistent with other product types,
which the Exchange believes will help promote competition among
products listed on the Exchange.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received written comments on
the proposed rule change.
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 \13\ and Rule 19b-
4(f)(6) thereunder.\14\
---------------------------------------------------------------------------
\13\ 15 U.S.C. 78s(b)(3)(A).
\14\ 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 \15\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ 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 requested that the Commission waive the 30-day operative delay so
that the proposal may become operative upon filing. The Exchange stated
that it believes that waiving the operative delay will allow any series
of Managed Portfolio Shares that lists on the Exchange in the near
future to take advantage of this exemption to certain audit committee
requirements and not have to either delay launch or take short-term
remedial measures to comply with all requirements of Rule 14.10(c)(3).
---------------------------------------------------------------------------
\15\ 17 CFR 240.19b-4(f)(6).
\16\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
The Commission believes that waiver of the operative delay is
appropriate because, as the Exchange stated, the rule proposal is
requesting an exemption to certain audit committee requirements that is
currently granted to Managed Fund Shares and Index Fund Shares, and
there are no unique issues associated with proving such an exemption to
Managed Portfolio Shares that have not already been considered by the
Commission or that would warrant disparate treatment. Accordingly, the
Commission designates the proposed rule change to be operative upon
filing.\17\
---------------------------------------------------------------------------
\17\ 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-CboeBZX-2020-010 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-CboeBZX-2020-010. 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-CboeBZX-2020-010 and should be submitted
on or before February 25, 2020.
---------------------------------------------------------------------------
\18\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-02048 Filed 2-3-20; 8:45 am]
BILLING CODE 8011-01-P