Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Options 3, Section 7, Types of Orders, To Add Other Existing Order Types to the List of Order Types, 35969-35970 [2020-12683]
Download as PDF
Federal Register / Vol. 85, No. 114 / Friday, June 12, 2020 / Notices
whether the proposed rule change
should be 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:
• 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–
NASDAQ–2020–026 on the subject line.
Paper Comments
jbell on DSKJLSW7X2PROD with NOTICES
• 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–NASDAQ–2020–026. 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–NASDAQ–2020–026 and
should be submitted on or before July 6,
2020.
17:43 Jun 11, 2020
[FR Doc. 2020–12686 Filed 6–11–20; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–89030; File No. SR–GEMX–
2020–13]
Electronic Comments
VerDate Sep<11>2014
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
J. Matthew DeLesDernier,
Assistant Secretary.
Jkt 250001
Self-Regulatory Organizations; Nasdaq
GEMX, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Options 3,
Section 7, Types of Orders, To Add
Other Existing Order Types to the List
of Order Types
June 8, 2020.
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 May 26,
2020, Nasdaq GEMX, LLC (‘‘GEMX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I and II,
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Options 3, Section 7, ‘‘Types of Orders,’’
to add other existing order types to the
list of order types.
The text of the proposed rule change
is available on the Exchange’s website at
https://nasdaqgemx.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
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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 proposes to amend
Options 3, Section 7, ‘‘Types of Orders,’’
to add other existing order types to the
list of order types. The Exchange
proposes to add to Options 3, Section 7,
at proposed (u)–(x), references to
various existing order types that may be
entered into various auction
mechanisms on GEMX. Specifically, the
Exchange proposes to add a reference to
orders entered into the Block Order
Mechanism, Facilitation Mechanism,
Solicited Order Mechanism, and Price
Improvement Mechanism. These order
types exist today within the GEMX
Rules, however, unlike other order
types, they are not mentioned within
Options 3, Sections 7, which list the
order types available for trading on
GEMX. The Exchange proposes to add
the following rule text into Options 3,
Section 7:
(u) Block Order. A Block Order is an order
entered into the Block Order Mechanism as
described in Options 3, Section 11(a).
(v) Facilitation Order. A Facilitation Order
is an order entered into the Facilitation
Mechanism as described in Options 3,
Section 11(b).
(w) SOM Order. A SOM Order is an order
entered into the Solicited Order Mechanism
as described in Options 3, Section 11(d).
(x) A PIM Order. A PIM Order is an order
entered into the Price Improvement
Mechanism as described in Options 3,
Section 13(a).
The Exchange believes the addition of
this rule text will make clear that these
order types are available on GEMX.
Today, ISE and MRX similarly list these
order types within ISE and MRX
Options 3, Section 7, respectively.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,3 in general, and
furthers the objectives of Section 6(b)(5)
of the Act,4 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. Adding references to all
existing order types that may be entered
12 17
1 15
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
35969
3 15
4 15
E:\FR\FM\12JNN1.SGM
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
12JNN1
35970
Federal Register / Vol. 85, No. 114 / Friday, June 12, 2020 / Notices
into auctions into Options 3, Sections 7
is consistent with the Act. The
Exchange believes the addition of the
Block Order type, Facilitation Order
type, SOM Order type and PIM Order
types into Options 3, Section 7 will
make clear to market participants the
various types of order types that may be
transacted on GEMX. The descriptions
of these order types merely point at the
existing mechanisms.
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 proposal
to add the Block Order type, Facilitation
Order type, SOM Order type and PIM
Order types into Options 3, Section 7
does not impose an undue burden on
competition. The addition of these order
types would complete the list of order
types, which are available to all market
participants, and are merely being
referenced within the order type rule for
greater transparency.
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 5 and
subparagraph (f)(6) of Rule 19b–4
thereunder.6
A proposed rule change filed under
Rule 19b–4(f)(6) normally does not
become operative for 30 days from the
date of filing. However, Rule 19b–
4(f)(6)(iii) 7 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
5 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.
7 17 CFR 240.19b–4(f)(6)(iii).
jbell on DSKJLSW7X2PROD with NOTICES
6 17
VerDate Sep<11>2014
17:43 Jun 11, 2020
Jkt 250001
Exchange has asked the Commission to
waive the 30-day operative delay so that
the proposed rule change may become
operative immediately. The Commission
notes that waiver of the operative delay
would allow the Exchange to clarify
within Options 3, Section 7 the
complete list of order types that are
available on GEMX. For this reason, and
because the proposal does not raise any
novel issues, the Commission believes
that waiver of the 30-day operative
delay is consistent with the protection
of investors and the public interest.
Accordingly, the Commission waives
the 30-day operative delay and
designates the proposed rule change
operative upon filing.8
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.
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–GEMX–2020–13, and
should be submitted on or before July 6,
2020.
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
J. Matthew DeLesDernier,
Assistant Secretary.
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
GEMX–2020–13 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–GEMX–2020–13. 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
8 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
[FR Doc. 2020–12683 Filed 6–11–20; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. SIPA–181; File No. SIPC–2019–
01]
Securities Investor Protection
Corporation; Order Approving
Proposed Bylaw Change, as Revised
by Amendment No. 1, Relating to SIPC
Board Compensation
June 9, 2020.
Pursuant to Section 3(e)(1) of the
Securities Investor Protection Act of
1970 (‘‘SIPA’’),1 the Securities Investor
Protection Corporation (‘‘SIPC’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) on
October 8, 2019 proposed bylaw
changes relating to the compensation of
SIPC’s Board of Directors (‘‘SIPC
Board’’). On October 24, 2019, SIPC
consented to a 90-day extension of time
before the proposed bylaw change
would take effect pursuant to Section
9 17
CFR 200.30–3(a)(12).
15 U.S.C. 78ccc(e)(1).
1 See
E:\FR\FM\12JNN1.SGM
12JNN1
Agencies
[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Pages 35969-35970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12683]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-89030; File No. SR-GEMX-2020-13]
Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Options 3,
Section 7, Types of Orders, To Add Other Existing Order Types to the
List of Order Types
June 8, 2020.
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 May 26, 2020, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I and II, below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Options 3, Section 7, ``Types of
Orders,'' to add other existing order types to the list of order types.
The text of the proposed rule change is available on the Exchange's
website at https://nasdaqgemx.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 proposes to amend Options 3, Section 7, ``Types of
Orders,'' to add other existing order types to the list of order types.
The Exchange proposes to add to Options 3, Section 7, at proposed (u)-
(x), references to various existing order types that may be entered
into various auction mechanisms on GEMX. Specifically, the Exchange
proposes to add a reference to orders entered into the Block Order
Mechanism, Facilitation Mechanism, Solicited Order Mechanism, and Price
Improvement Mechanism. These order types exist today within the GEMX
Rules, however, unlike other order types, they are not mentioned within
Options 3, Sections 7, which list the order types available for trading
on GEMX. The Exchange proposes to add the following rule text into
Options 3, Section 7:
(u) Block Order. A Block Order is an order entered into the
Block Order Mechanism as described in Options 3, Section 11(a).
(v) Facilitation Order. A Facilitation Order is an order entered
into the Facilitation Mechanism as described in Options 3, Section
11(b).
(w) SOM Order. A SOM Order is an order entered into the
Solicited Order Mechanism as described in Options 3, Section 11(d).
(x) A PIM Order. A PIM Order is an order entered into the Price
Improvement Mechanism as described in Options 3, Section 13(a).
The Exchange believes the addition of this rule text will make
clear that these order types are available on GEMX. Today, ISE and MRX
similarly list these order types within ISE and MRX Options 3, Section
7, respectively.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\3\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\4\ 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. Adding references to all existing
order types that may be entered
[[Page 35970]]
into auctions into Options 3, Sections 7 is consistent with the Act.
The Exchange believes the addition of the Block Order type,
Facilitation Order type, SOM Order type and PIM Order types into
Options 3, Section 7 will make clear to market participants the various
types of order types that may be transacted on GEMX. The descriptions
of these order types merely point at the existing mechanisms.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f(b).
\4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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 proposal to add the
Block Order type, Facilitation Order type, SOM Order type and PIM Order
types into Options 3, Section 7 does not impose an undue burden on
competition. The addition of these order types would complete the list
of order types, which are available to all market participants, and are
merely being referenced within the order type rule for greater
transparency.
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 \5\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\6\
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78s(b)(3)(A)(iii).
\6\ 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.
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days from the date of filing. However, Rule
19b-4(f)(6)(iii) \7\ 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 proposed rule change may become
operative immediately. The Commission notes that waiver of the
operative delay would allow the Exchange to clarify within Options 3,
Section 7 the complete list of order types that are available on GEMX.
For this reason, and because the proposal does not raise any novel
issues, the Commission believes that waiver of the 30-day operative
delay is consistent with the protection of investors and the public
interest. Accordingly, the Commission waives the 30-day operative delay
and designates the proposed rule change operative upon filing.\8\
---------------------------------------------------------------------------
\7\ 17 CFR 240.19b-4(f)(6)(iii).
\8\ For purposes only of waiving the 30-day operative delay, the
Commission has also 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 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-GEMX-2020-13 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-GEMX-2020-13. 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-GEMX-2020-13, and should be submitted on
or before July 6, 2020.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------
\9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-12683 Filed 6-11-20; 8:45 am]
BILLING CODE 8011-01-P