Self-Regulatory Organizations; Long-Term Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 11.380 To Expand the Exchange's Optional Risk Controls Mechanism To Include a Net Notional Exposure Risk Check in Addition to the Gross Notional Exposure Risk Check, 86623-86625 [2020-28806]
Download as PDF
Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) By order approve or disapprove
such proposed rule change, or
(B) institute proceedings to determine
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:
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–
FINRA–2020–045 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–FINRA–2020–045. 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
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17:47 Dec 29, 2020
Jkt 253001
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 FINRA. 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–FINRA–
2020–045 and should be submitted on
or before January 20, 2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.30
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2020–28807 Filed 12–29–20; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–90777; File No. SR–LTSE–
2020–23]
Self-Regulatory Organizations; LongTerm Stock Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend Rule
11.380 To Expand the Exchange’s
Optional Risk Controls Mechanism To
Include a Net Notional Exposure Risk
Check in Addition to the Gross
Notional Exposure Risk Check
December 22, 2020.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on December
17, 2020, Long-Term Stock Exchange,
Inc. (‘‘LTSE’’ or the ‘‘Exchange’’) 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 self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
30 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
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86623
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
LTSE proposes a rule change to
amend LTSE Rule 11.380 to offer an
optional net notional exposure risk
check to Members and their clearing
firms as part of the Exchange’s Risk
Controls mechanism.
The text of the proposed rule change
is available at the Exchange’s website at
https://longtermstockexchange.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
self-regulatory organization 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 those 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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
LTSE Rule 11.380 to offer an optional
net notional exposure risk check to
Members and their clearing firms as part
of the Exchange’s Risk Controls
mechanism.
Existing LTSE Rule 11.380 describes
the Exchange’s current optional Risk
Controls mechanism that is designed to
assist LTSE Members and their clearing
firms in their risk management efforts.
LTSE does not charge a fee for use of the
Risk Controls mechanism. As described
in the rule, the Risk Controls
mechanism currently can be configured
to provide trading limits based on the
gross notional exposure for matched
trades for a Member or clearing firm’s
broker correspondent across market
participant identifiers (‘‘MPIDs’’), by
MPID, by session or in combination, per
clearing firm relationship or Member, as
applicable (‘‘Gross Notional Exposure’’).
Once the Gross Notional Exposure, as
elected and configured by a Member or
its clearing firm, has exceeded the predetermined limit, LTSE will
automatically reject new orders and
cancel all open orders for the applicable
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MPID(s) and/or FIX session 4 as
specified. Further, the Gross Notional
Exposure risk control may be increased
or decreased on an intra-day basis by a
Member or the clearing firm of a
Member, as applicable. As specified in
paragraph (a)(2)(A) of Rule 11.380,
Gross Notional Exposure is calculated as
the absolute sum of the notional value
of all buy and sell trades (i.e., equal to
the value of executed buys plus the
absolute value of executed long sells
plus the absolute value of executed
short sells). There is no netting of buys
and sales in the same symbol or across
symbols. The Gross Notional Exposure
resets for each new trading day.
LTSE proposes to revise Rule 11.380
to provide Members or the clearing
firms of Members with an additional
option of configuring a Risk Controls
trading limit on the net notional
exposure for matched trades for a
Member or clearing firm’s broker
correspondent across MPIDs, by MPID,
by FIX session or in combination, per
clearing firm relationship or Member as
applicable (‘‘Net Notional Exposure’’).
LTSE notes that other exchanges offer
their members the option of a risk
control based upon the member’s net
notional exposure.5 As proposed, once
the Net Notional Exposure, as elected
and configured by a Member or its
clearing firm, has exceeded the
predetermined limit, LTSE will
automatically reject new orders and
cancel all open orders for the applicable
MPID(s) and/or FIX session specified.
However, just as with the existing Gross
Notional Exposure risk control, the
proposed new Net Notional Exposure
risk control may be increased or
decreased on an intra-day basis by a
Member or the clearing firm of a
Member, as applicable. As specified in
the proposed new paragraph (a)(2)(B) of
Rule 11.380, Net Notional Exposure will
4 The proposed rule change is substantively
identical to the corresponding provisions in
Investors Exchange (‘‘IEX’’) Rule 11.380 with
certain exceptions. The Exchange’s existing Rule
11.380 uses the term ‘‘session’’ but the proposed
rule change would use the term ‘‘FIX session’’ to
clarify its meaning. See IEX Rule 11.380. The
Exchange also is not adopting the provisions in
paragraph (a)(3) of IEX Rule 11.380, which pertain
to the application of the Risk Controls in the
context of an opening or closing auction. Because
the Exchange does not have an opening or closing
auction, these provisions are inapposite. If the
Exchange introduces an opening or closing auction,
it will address the implications for its Risk Controls
at that time.
5 See, e.g., IEX Rule 11.380; Nasdaq Stock Market
(‘‘Nasdaq’’) Rule 6130; Cboe BZX Exchange, Inc.
(‘‘Cboe’’) Rule 11.13 Interpretations and Policies
.01(h). The proposed rule change is substantively
identical to the corresponding provisions in IEX
Rule 11.380 with the exception of references to
‘‘routed’’ trades because LTSE does not have a
routing broker.
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17:47 Dec 29, 2020
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be calculated as the absolute net sum of
the notional value of all buy and sell
trades (i.e., equal to the value of
executed buys minus the absolute value
of executed long sells minus the
absolute value of executed short sells).
Netting will be calculated across all
symbols. As with Gross Notional
Exposure risk controls, the proposed
Net Notional Exposure risk control
would reset for each new trading day.
Under the proposed rule change,
Members or their clearing firms, if they
choose to avail themselves of LTSE’s
Risk Controls mechanism, may elect to
configure the Risk Controls mechanism
to accumulate and specify a limit or
limits on either the Gross Notional
Exposure, the newly-offered Net
Notional Exposure, or both (collectively
defined in the proposed new rule as the
‘‘Risk Controls Limit’’).6 LTSE believes
that adding a Net Notional Exposure
risk control to its existing Risk Controls
mechanism will enhance the risk
management tools available to LTSE
Members. The Exchange notes,
however, that use of a Risk Controls
Limit by a Member or the clearing firm
of a Member does not automatically
constitute compliance with LTSE rules
or SEC rules, nor does it replace
Member-managed and clearing firmmanaged risk management solutions.
The Exchange does not propose to
require Members or their clearing firms
to use the Risk Controls mechanism,
and Members and their clearing firms
may use any other appropriate riskmanagement tool or service instead of,
or in combination with, LTSE’s Risk
Controls mechanism. The Exchange will
not provide preferential treatment to
Members or clearing firms using LTSE’s
Risk Controls mechanism, nor will the
use of the Risk Controls mechanism
impact a Member or clearing firm’s use
of LTSE other than when it results in
orders being rejected or cancelled
pursuant to the Risk Controls Limits. In
addition, LTSE will continue to provide
the Risk Controls mechanism to
Members and clearing firms without
charge.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,7
in general, and furthers the objectives of
6 In the case of a Member that is subject to Risk
Controls Limits set by its clearing firm, the Member
will be advised of such limits by LTSE. In the event
a Member that is subject to Risk Controls Limits set
by its clearing firm also elects to set Risk Controls
Limits for its own trading, the Exchange will apply
both such limits with the lower of the Risk Controls
Limits being applicable since it will trigger first.
7 15 U.S.C. 78f.
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Fmt 4703
Sfmt 4703
Section 6(b)(5) of the Act,8 in particular,
in that it is designed to prevent
fraudulent and manipulative acts and
practices, promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in 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.
Specifically, the Exchange believes
that the proposed rule change 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 by
enhancing the risk management
protections available to Exchange
Members and their clearing firms. The
Exchange believes that the proposed
rule change supports these objectives
because it is designed to enable all LTSE
Members an additional option for how
to manage and limit their own trading
exposure (whether on the basis of the
Member’s Gross Notional Exposure, Net
Notional Exposure, or both) on the
Exchange, in addition to providing
clearing firms an additional option to
monitor their correspondent Members’
trading exposure as well as their own
trading exposure (whether on the basis
of the clearing firm’s Gross Notional
Exposure, Net Notional Exposure, or
both), including by intra-day increases
or decreases in the limits.
Further, the Exchange believes that
the proposed rule change is consistent
with the protection of investors and the
public interest because it provides an
additional mechanism to enable LTSE
Members and clearing firms of LTSE
Members to manage their risk by
preventing trading that exceeds a
Member or a Member’s clearing firm’s
financial resources on a net notional
basis (as well as the currently available
gross notional basis risk control), and,
thereby, contributes to the stability of
the equities markets. Thus, the
Exchange believes the addition of a Net
Notional Exposure risk control offers
Members and their clearing firms an
important compliance tool that
Members and their clearing firms may
use to help maintain the regulatory
integrity of the markets. The Exchange
notes that other exchanges’ rules
provide for similar functionality,9 and,
accordingly, LTSE does not believe that
8 15
U.S.C. 78f(b)(5).
supra note 5.
9 See
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Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / Notices
the proposed rule change raises any new
or novel issues not already considered
by the Commission.
In addition, the Exchange believes
that the proposal is consistent with just
and equitable principles of trade and
not unfairly discriminatory because the
Risk Controls mechanism is available to
all Members and their clearing firms
without charge.
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
is designed to expand the Exchange’s
existing, optional Risk Controls
mechanism by adding a new Net
Notional Exposure risk control. The
Exchange is not proposing to charge any
fee for use of any aspect of its Risk
Controls mechanism. The Exchange
does not believe the proposed rule
change will impose any burden on
intermarket competition because other
exchanges offer similar functionality.10
The Exchange also does not believe that
the proposal will impose a burden on
intramarket competition because its
Risk Controls mechanism is available to
all Members, and clearing firms of
Members, and provides a way for LTSE
Members and clearing firms to manage
their risk by preventing trading that is
erroneous or exceeds a Member or
clearing firm’s financial resources,
thereby contributing to the stability of
the equities markets. Accordingly, the
Exchange does not believe that this
proposal will have any impact on
competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 11 and Rule
19b–4(f)(6) thereunder.12 Because the
proposed rule change does not (i)
significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; or (iii) become operative
prior to 30 days from the date on which
10 Id.
11 15
12 17
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
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17:47 Dec 29, 2020
Jkt 253001
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section
19(b)(3)(A)(iii) of the Act 13 and Rule
19b–4(f)(6)(iii) thereunder.14
At any time within 60 days of the
filing of such 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
under Section 19(b)(2)(B) 15 of the Act 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 rule-comments@
sec.gov. Please include File Number SR–
LTSE–2020–23 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–LTSE–2020–23. 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
13 15
U.S.C. 78s(b)(3)(A)(iii).
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 fulfilled this requirement.
15 15 U.S.C. 78s(b)(2)(B).
14 17
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86625
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–LTSE–2020–23 and should
be submitted on or before January 20,
2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2020–28806 Filed 12–29–20; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–90776; File No. SR–NYSE–
2020–105]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing of Proposed Rule Change
Revising Rules 46 and 46A To Permit
the Appointment of Trading Officials
December 22, 2020
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on December
15, 2020, New York Stock Exchange
LLC (‘‘NYSE’’ or the ‘‘Exchange’’) 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 self-regulatory
organization. The Commission is
publishing this notice to solicit
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
E:\FR\FM\30DEN1.SGM
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Agencies
[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Notices]
[Pages 86623-86625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28806]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-90777; File No. SR-LTSE-2020-23]
Self-Regulatory Organizations; Long-Term Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 11.380 To Expand the Exchange's Optional Risk Controls
Mechanism To Include a Net Notional Exposure Risk Check in Addition to
the Gross Notional Exposure Risk Check
December 22, 2020.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on December 17, 2020, Long-Term Stock Exchange, Inc.
(``LTSE'' or the ``Exchange'') 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 self-
regulatory organization. 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\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
LTSE proposes a rule change to amend LTSE Rule 11.380 to offer an
optional net notional exposure risk check to Members and their clearing
firms as part of the Exchange's Risk Controls mechanism.
The text of the proposed rule change is available at the Exchange's
website at https://longtermstockexchange.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 self-regulatory organization
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 those 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 parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend LTSE Rule 11.380 to offer an
optional net notional exposure risk check to Members and their clearing
firms as part of the Exchange's Risk Controls mechanism.
Existing LTSE Rule 11.380 describes the Exchange's current optional
Risk Controls mechanism that is designed to assist LTSE Members and
their clearing firms in their risk management efforts. LTSE does not
charge a fee for use of the Risk Controls mechanism. As described in
the rule, the Risk Controls mechanism currently can be configured to
provide trading limits based on the gross notional exposure for matched
trades for a Member or clearing firm's broker correspondent across
market participant identifiers (``MPIDs''), by MPID, by session or in
combination, per clearing firm relationship or Member, as applicable
(``Gross Notional Exposure''). Once the Gross Notional Exposure, as
elected and configured by a Member or its clearing firm, has exceeded
the pre-determined limit, LTSE will automatically reject new orders and
cancel all open orders for the applicable
[[Page 86624]]
MPID(s) and/or FIX session \4\ as specified. Further, the Gross
Notional Exposure risk control may be increased or decreased on an
intra-day basis by a Member or the clearing firm of a Member, as
applicable. As specified in paragraph (a)(2)(A) of Rule 11.380, Gross
Notional Exposure is calculated as the absolute sum of the notional
value of all buy and sell trades (i.e., equal to the value of executed
buys plus the absolute value of executed long sells plus the absolute
value of executed short sells). There is no netting of buys and sales
in the same symbol or across symbols. The Gross Notional Exposure
resets for each new trading day.
---------------------------------------------------------------------------
\4\ The proposed rule change is substantively identical to the
corresponding provisions in Investors Exchange (``IEX'') Rule 11.380
with certain exceptions. The Exchange's existing Rule 11.380 uses
the term ``session'' but the proposed rule change would use the term
``FIX session'' to clarify its meaning. See IEX Rule 11.380. The
Exchange also is not adopting the provisions in paragraph (a)(3) of
IEX Rule 11.380, which pertain to the application of the Risk
Controls in the context of an opening or closing auction. Because
the Exchange does not have an opening or closing auction, these
provisions are inapposite. If the Exchange introduces an opening or
closing auction, it will address the implications for its Risk
Controls at that time.
---------------------------------------------------------------------------
LTSE proposes to revise Rule 11.380 to provide Members or the
clearing firms of Members with an additional option of configuring a
Risk Controls trading limit on the net notional exposure for matched
trades for a Member or clearing firm's broker correspondent across
MPIDs, by MPID, by FIX session or in combination, per clearing firm
relationship or Member as applicable (``Net Notional Exposure''). LTSE
notes that other exchanges offer their members the option of a risk
control based upon the member's net notional exposure.\5\ As proposed,
once the Net Notional Exposure, as elected and configured by a Member
or its clearing firm, has exceeded the predetermined limit, LTSE will
automatically reject new orders and cancel all open orders for the
applicable MPID(s) and/or FIX session specified. However, just as with
the existing Gross Notional Exposure risk control, the proposed new Net
Notional Exposure risk control may be increased or decreased on an
intra-day basis by a Member or the clearing firm of a Member, as
applicable. As specified in the proposed new paragraph (a)(2)(B) of
Rule 11.380, Net Notional Exposure will be calculated as the absolute
net sum of the notional value of all buy and sell trades (i.e., equal
to the value of executed buys minus the absolute value of executed long
sells minus the absolute value of executed short sells). Netting will
be calculated across all symbols. As with Gross Notional Exposure risk
controls, the proposed Net Notional Exposure risk control would reset
for each new trading day. Under the proposed rule change, Members or
their clearing firms, if they choose to avail themselves of LTSE's Risk
Controls mechanism, may elect to configure the Risk Controls mechanism
to accumulate and specify a limit or limits on either the Gross
Notional Exposure, the newly-offered Net Notional Exposure, or both
(collectively defined in the proposed new rule as the ``Risk Controls
Limit'').\6\ LTSE believes that adding a Net Notional Exposure risk
control to its existing Risk Controls mechanism will enhance the risk
management tools available to LTSE Members. The Exchange notes,
however, that use of a Risk Controls Limit by a Member or the clearing
firm of a Member does not automatically constitute compliance with LTSE
rules or SEC rules, nor does it replace Member-managed and clearing
firm-managed risk management solutions. The Exchange does not propose
to require Members or their clearing firms to use the Risk Controls
mechanism, and Members and their clearing firms may use any other
appropriate risk-management tool or service instead of, or in
combination with, LTSE's Risk Controls mechanism. The Exchange will not
provide preferential treatment to Members or clearing firms using
LTSE's Risk Controls mechanism, nor will the use of the Risk Controls
mechanism impact a Member or clearing firm's use of LTSE other than
when it results in orders being rejected or cancelled pursuant to the
Risk Controls Limits. In addition, LTSE will continue to provide the
Risk Controls mechanism to Members and clearing firms without charge.
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\5\ See, e.g., IEX Rule 11.380; Nasdaq Stock Market (``Nasdaq'')
Rule 6130; Cboe BZX Exchange, Inc. (``Cboe'') Rule 11.13
Interpretations and Policies .01(h). The proposed rule change is
substantively identical to the corresponding provisions in IEX Rule
11.380 with the exception of references to ``routed'' trades because
LTSE does not have a routing broker.
\6\ In the case of a Member that is subject to Risk Controls
Limits set by its clearing firm, the Member will be advised of such
limits by LTSE. In the event a Member that is subject to Risk
Controls Limits set by its clearing firm also elects to set Risk
Controls Limits for its own trading, the Exchange will apply both
such limits with the lower of the Risk Controls Limits being
applicable since it will trigger first.
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2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\7\ in general, and
furthers the objectives of Section 6(b)(5) of the Act,\8\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, promote just and equitable principles
of trade, to foster cooperation and coordination with persons engaged
in 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.
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\7\ 15 U.S.C. 78f.
\8\ 15 U.S.C. 78f(b)(5).
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Specifically, the Exchange believes that the proposed rule change
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 by enhancing the risk management protections available
to Exchange Members and their clearing firms. The Exchange believes
that the proposed rule change supports these objectives because it is
designed to enable all LTSE Members an additional option for how to
manage and limit their own trading exposure (whether on the basis of
the Member's Gross Notional Exposure, Net Notional Exposure, or both)
on the Exchange, in addition to providing clearing firms an additional
option to monitor their correspondent Members' trading exposure as well
as their own trading exposure (whether on the basis of the clearing
firm's Gross Notional Exposure, Net Notional Exposure, or both),
including by intra-day increases or decreases in the limits.
Further, the Exchange believes that the proposed rule change is
consistent with the protection of investors and the public interest
because it provides an additional mechanism to enable LTSE Members and
clearing firms of LTSE Members to manage their risk by preventing
trading that exceeds a Member or a Member's clearing firm's financial
resources on a net notional basis (as well as the currently available
gross notional basis risk control), and, thereby, contributes to the
stability of the equities markets. Thus, the Exchange believes the
addition of a Net Notional Exposure risk control offers Members and
their clearing firms an important compliance tool that Members and
their clearing firms may use to help maintain the regulatory integrity
of the markets. The Exchange notes that other exchanges' rules provide
for similar functionality,\9\ and, accordingly, LTSE does not believe
that
[[Page 86625]]
the proposed rule change raises any new or novel issues not already
considered by the Commission.
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\9\ See supra note 5.
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In addition, the Exchange believes that the proposal is consistent
with just and equitable principles of trade and not unfairly
discriminatory because the Risk Controls mechanism is available to all
Members and their clearing firms without charge.
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 is designed to
expand the Exchange's existing, optional Risk Controls mechanism by
adding a new Net Notional Exposure risk control. The Exchange is not
proposing to charge any fee for use of any aspect of its Risk Controls
mechanism. The Exchange does not believe the proposed rule change will
impose any burden on intermarket competition because other exchanges
offer similar functionality.\10\ The Exchange also does not believe
that the proposal will impose a burden on intramarket competition
because its Risk Controls mechanism is available to all Members, and
clearing firms of Members, and provides a way for LTSE Members and
clearing firms to manage their risk by preventing trading that is
erroneous or exceeds a Member or clearing firm's financial resources,
thereby contributing to the stability of the equities markets.
Accordingly, the Exchange does not believe that this proposal will have
any impact on competition.
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\10\ Id.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
Because the proposed rule change does not (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; or (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \13\ and Rule
19b-4(f)(6)(iii) thereunder.\14\
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\11\ 15 U.S.C. 78s(b)(3)(A)(iii).
\12\ 17 CFR 240.19b-4(f)(6).
\13\ 15 U.S.C. 78s(b)(3)(A)(iii).
\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 fulfilled this requirement.
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At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\15\ 15 U.S.C. 78s(b)(2)(B).
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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-LTSE-2020-23 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-LTSE-2020-23. 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-LTSE-2020-23 and should be submitted on
or before January 20, 2021.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2020-28806 Filed 12-29-20; 8:45 am]
BILLING CODE 8011-01-P