Sunshine Act Meetings, 2976 [2022-01000]
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Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Notices
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
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received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–CBOE–2021–076 and
should be submitted on or before
February 9, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–00871 Filed 1–18–22; 8:45 am]
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Sunshine Act Meetings
FEDERAL REGISTER CITATION OF PREVIOUS
ANNOUNCEMENT: To be published.
PREVIOUSLY ANNOUNCED TIME AND DATE OF
THE MEETING: Thursday, January 20,
2022 at 2 p.m.
The Closed
Meeting scheduled for Thursday,
January 20, 2022 at 2 p.m. has been
changed to Thursday, January 20, 2022
at 2:15 p.m.
CHANGES IN THE MEETING:
CONTACT PERSON FOR MORE INFORMATION:
For further information and to ascertain
what, if any, matters have been added,
deleted or postponed, please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.
Authority: 5 U.S.C. 552b.
Dated: January 13, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022–01000 Filed 1–14–22; 11:15 am]
jspears on DSK121TN23PROD with NOTICES1
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SECURITIES AND EXCHANGE
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[Release No. 34–93966; File No. SR–FINRA–
2021–029]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Order Approving
Proposed Rule Change To Amend
FINRA Rule 6732 and Expand the
Scope of Exemptions That FINRA May
Grant ATSs From the TRACE
Reporting Requirements
January 12, 2022.
I. Introduction
On November 15, 2021, the Financial
Industry Regulatory Authority, Inc.
(‘‘FINRA’’) filed with the Securities and
Exchange Commission (‘‘Commission’’),
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
proposed rule change to amend FINRA
Rule 6732 (Exemption from Trade
Reporting Obligation for Certain
Transactions on an Alternative Trading
System) to expand the scope of
exemptions from the transaction
reporting obligations of FINRA Rule
6730 (Transaction Reporting) that
FINRA may grant to a member
alternative trading system (‘‘ATS’’). The
proposed rule change was published for
comment in the Federal Register on
November 30, 2021.3 The Commission
received no comments on the proposed
rule change. This order approves the
proposed rule change.
II. Description of the Proposal
FINRA Rule 6730(a) requires each
FINRA member that is a Party to a
Transaction in a TRACE-Eligible
Security 4 to report the transaction to the
Trade Reporting and Compliance Engine
(‘‘TRACE’’). FINRA Rule 6710(e) defines
‘‘Party to a Transaction’’ as an
introducing broker-dealer (if any), an
executing broker-dealer, or a customer.
An alternative trading system (‘‘ATS’’)
is a Party to a Transaction occurring
through its system and has a TRACE
transaction reporting obligation, unless
an exception or exemption applies.5
FINRA Rule 6732 provides FINRA
with the authority to exempt a member
ATS from TRACE reporting obligations
under FINRA Rule 6730. FINRA has
stated that it adopted Rule 6732 in
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 93651
(November 23, 2021), 86 FR 67996 (November 30,
2021) (‘‘Notice’’).
4 See FINRA Rule 6710(a) (defining ‘‘TRACEEligible Security’’).
5 See Regulatory Notice 14–53 (November 2014).
2 17
17
17 CFR 200.30–3(a)(12).
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response to concerns raised by members
regarding operational difficulties arising
from the reporting of certain
transactions on an ATS, particularly
when the ATS does not have a role in
the clearance and settlement for trades
on its system.6 If FINRA grants an ATS
an exemption under Rule 6732, a
member subscriber of the ATS, when
engaging in a trade on the ATS covered
by the Rule 6732 exemption, must
report against its counterparty (rather
than the ATS), which mitigates these
operational difficulties and facilitates
clearance and settlement.7
Currently, under Rule 6732, FINRA
may grant an ATS an exemption if the
following criteria are satisfied: (1) A
trade is between two FINRA members;
(2) the trade does not pass through any
ATS account, and the ATS seeking the
exemption does not exchange TRACEEligible Securities or funds on behalf of
the subscribers or take either side of the
trade for clearing or settlement
purposes, or in any other way insert
itself into the trade; (3) the ATS seeking
the exemption agrees to provide data
relating to each exempted trade to
FINRA on either a monthly basis or as
otherwise proscribed by FINRA, and
acknowledges that failure to meet this
requirement would result in its
exemption being revoked; (4) the ATS
seeking the exemption pays the
applicable reporting fee to FINRA; and
(5) the ATS seeking the exemption has
entered into a written agreement with
each member that is a Party to a
Transaction to ensure that each
exempted trade is properly reported.8
Where these criteria are satisfied, an
exempted trade occurring on the ATS
must be reported by a member (other
than the ATS) that meets the definition
of ‘‘Party to a Transaction’’ identifying
a counterparty other than the ATS with
respect to each side of the trade.9
FINRA is now proposing to amend
Rule 6732 to expand the scope of
transactions that may be exempted
under Rule 6732 to include trades that
involve only one FINRA member (other
than the ATS). Specifically, FINRA
proposes to delete the current language
in subparagraph (a)(1) of Rule 6732 that
requires an exempted transaction to be
between two FINRA members, and
6 See Notice, 86 FR at 67997. FINRA explained
that members’ back-end systems are often
programmed to clear against the counterparty
identified on TRACE trade reports, and when the
ATS is not involved in clearance and settlement,
member subscribers often prefer to TRACE-report
against the party with which they clear and settle
the trade (i.e., another subscriber, rather than the
ATS). See id.
7 See id.
8 See FINRA Rule 6732(a).
9 See FINRA Rule 6732(b).
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19JAN1
Agencies
[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Notices]
[Page 2976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01000]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meetings
FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: To be published.
PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Thursday, January
20, 2022 at 2 p.m.
CHANGES IN THE MEETING: The Closed Meeting scheduled for Thursday,
January 20, 2022 at 2 p.m. has been changed to Thursday, January 20,
2022 at 2:15 p.m.
CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact Vanessa A. Countryman from the Office of the Secretary
at (202) 551-5400.
Authority: 5 U.S.C. 552b.
Dated: January 13, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022-01000 Filed 1-14-22; 11:15 am]
BILLING CODE 8011-01-P