Notice2022-15307
Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 518, Complex Orders, and Exchange Rule 515, Execution of Orders and Quotes, To Permit Pricing of Stock-Option Complex Strategies in any Decimal Price the Exchange Determines
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 19, 2022
Issuing agencies
Securities and Exchange Commission
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 137 (Tuesday, July 19, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 137 (Tuesday, July 19, 2022)]
[Notices]
[Pages 43065-43072]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15307]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-95272; File No. SR-EMERALD-2022-23]
Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Exchange Rule 518, Complex Orders, and Exchange Rule 515, Execution of
Orders and Quotes, To Permit Pricing of Stock-Option Complex Strategies
in any Decimal Price the Exchange Determines
July 13, 2022.
Pursuant to the provisions of 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 July 1, 2022, MIAX Emerald, LLC (``MIAX
Emerald'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a 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 its Rulebook to permit pricing of
stock-option complex strategies in any decimal price the Exchange
determines.
The text of the proposed rule change is available on the Exchange's
website at <a href="http://www.miaxoptions.com/rule-filings/emerald">http://www.miaxoptions.com/rule-filings/emerald</a> at MIAX
Emerald's principal office, 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
[[Page 43066]]
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 Exchange Rule 518, Complex Orders,
and Exchange Rule 515, Execution of Orders and Quotes, to permit
pricing of stock-option complex strategies in any decimal price the
Exchange determines. The Exchange notes that this proposal is
substantively identical to a recent proposal by the MIAX Options
Exchange that was noticed by the Commission.\3\
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 94836 (May 3, 2022),
87 FR 27670 (May 9, 2022) (SR-MIAX-2022-17) (Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change by Miami
International Securities Exchange, LLC to Amend Exchange Rule 518,
Complex Orders and Exchange Rule 515, Execution of Orders and
Quotes, To Permit Pricing of Stock-Option Complex Strategies In any
Decimal Price the Exchange Determines).
---------------------------------------------------------------------------
Background
In August 2019, the Exchange adopted rules governing the trading
in, and detailing the functionality of the Emerald Options System \4\
in the handling of complex orders on the Exchange.\5\ The Exchange
defines a ``complex order'' as any order involving the concurrent
purchase and/or sale of two or more different options in the same
underlying security (the ``legs'' or ``components'' of the complex
order), for the same account, in a ratio that is equal to or greater
than one-to-three (.333) and less than or equal to three-to-one (3.00)
and for the purposes of executing a particular investment strategy.
Mini-options may only be part of a complex order that includes other
mini-options. Only those complex orders in the classes designated by
the Exchange and communicated to Members \6\ via Regulatory Circular
with no more than the applicable number of legs, as determined by the
Exchange on a class-by-class basis and communicated to Members via
Regulatory Circular,\7\ are eligible for processing. A Post-Only order
may not be a component of a complex order and will be rejected by the
System.\8\
---------------------------------------------------------------------------
\4\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
\5\ See Securities Exchange Act Release No. 85345 (March 18,
2019), 84 FR 10848 (March 22, 2019) (SR-EMERALD-2019-13).
\6\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
\7\ See MIAX Emerald Regulatory Circular 2019-67, Trading of
Complex Orders on MIAX Emerald (August 13, 2019) available at
<a href="https://www.miaxoptions.com/sites/default/files/circular-files/MIAX_Emerald_RC_2019_67.pdf">https://www.miaxoptions.com/sites/default/files/circular-files/MIAX_Emerald_RC_2019_67.pdf</a>.
\8\ See Exchange Rule 518(a)(5).
---------------------------------------------------------------------------
A complex order can also be a ``stock-option order'' as described
further, and subject to the limitations set forth, in Interpretation
and Policy .01 of this Rule. A stock-option order is an order to buy or
sell a stated number of units of an underlying security (stock or
Exchange Traded Fund Share (``ETF'')) or a security convertible into
the underlying stock (``convertible security'') coupled with the
purchase or sale of options contract(s) on the opposite side of the
market representing either (i) the same number of units of the
underlying security or convertible security, or (ii) the number of
units of the underlying stock necessary to create a delta neutral
position, but in no case in a ratio greater than eight-to-one (8.00),
where the ratio represents the total number of units of the underlying
security or convertible security in the option leg to the total number
of units of the underlying security or convertible security in the
stock leg. Only those stock-option orders in the classes designated by
the Exchange and communicated to Members via Regulatory Circular with
no more than the applicable number of legs as determined by the
Exchange on a class-by-class basis and communicated to Members via
Regulatory Circular,\9\ are eligible for processing.\10\
---------------------------------------------------------------------------
\9\ See supra note 7.
\10\ See Exchange Rule 518(a)(5).
---------------------------------------------------------------------------
Additionally, the Exchange offers a Complex Qualified Contingent
Cross Order or ``cQCC'' Order which is comprised of an originating
complex order to buy or sell where each component is at least 1,000
contracts that is identified as being part of a qualified contingent
trade, as defined in Rule 516, Interpretations and Policies .01,\11\
coupled with a contra-side complex order or orders totaling an equal
number of contracts. The trading of cQCC Orders is governed by Rule
515(h)(4).\12\
---------------------------------------------------------------------------
\11\ A ``qualified contingent trade'' is a transaction
consisting of two or more component orders, executed as agent or
principal, where: (a) At least one component is an NMS Stock, as
defined in Rule 600 of Regulation NMS under the Exchange Act; (b)
all components are effected with a product or price contingency that
either has been agreed to by all the respective counterparties or
arranged for by a broker-dealer as principal or agent; (c) the
execution of one component is contingent upon the execution of all
other components at or near the same time; (d) the specific
relationship between the component orders (e.g., the spread between
the prices of the component orders) is determined by the time the
contingent order is placed; (e) the component orders bear a
derivative relationship to one another, represent different classes
of shares of the same issuer, or involve the securities of
participants in mergers or with intentions to merge that have been
announced or cancelled; and (f) the transaction is fully hedged
(without regard to any prior existing position) as a result of other
components of the contingent trade. See Interpretations and Polices
.01 of Exchange Rule 516.
\12\ See Exchange Rule 518(b)(6).
---------------------------------------------------------------------------
Exchange Rule 515(h)(4) currently provides that, cQCC Orders, as
defined in Rule 518(b)(6), are automatically executed upon entry
provided that, with respect to each option leg of the cQCC Order, the
execution (i) is not at the same price as a Priority Customer Order on
the Exchange's Book; and (ii) is at or between the NBBO. The System
will reject a cQCC Order if, at the time of receipt of the cQCC Order:
(i) the strategy is subject to a cPRIME Auction pursuant to Rule 515A,
Interpretation and Policy .12 or to a Complex Auction pursuant to Rule
518(d); or (ii) any component of the strategy is subject to a SMAT
Event as described in Rule 518(a)(16). Further paragraph (A) of
Exchange Rule 515(h)(4) provides that cQCC Orders will be automatically
canceled if they cannot be executed. Paragraph (B) of Exchange Rule
515(h)(4) provides that, cQCC Orders may only be entered in the minimum
trading increments applicable to complex orders under Rule
518(c)(1)(i). Paragraph (C) of Exchange Rule 515(h)(4) provides that,
the Exchange will determine, on a class-by-class basis, the option
classes in which cQCC Orders are available for trading on the Exchange,
and will announce such classes to Members via Regulatory Circular.\13\
---------------------------------------------------------------------------
\13\ See Exchange Rule 515(h)(4).
---------------------------------------------------------------------------
Trading of complex orders on the Exchange is governed by Exchange
Rule 518, Complex Orders. Minimum increments and trade prices for
complex orders are described in current subparagraph (i) of Rule
518(c)(1) which states, bids and offers on complex orders and quotes
may be expressed in $0.01 increments, and the component(s) of a complex
order may be executed in $0.01 increments, regardless of the minimum
increments otherwise applicable to individual components of the complex
order. Current subparagraph (ii) of Exchange Rule 518(c)(1) states, if
any component of a complex strategy would be executed at a price that
is equal to a Priority
[[Page 43067]]
Customer \14\ bid or offer on the Simple Order Book,\15\ at least one
other component of the complex strategy must trade at a price that is
better than the corresponding EBBO.\16\ Current subparagraph (iii) of
Exchange Rule 518(c)(1) states, a complex order will not be executed at
a net price that would cause any component of the complex strategy to
be executed: (A) at a price of zero; or (B) ahead of a Priority
Customer order on the Simple Order Book without improving the EBBO of
at least one component of the complex strategy. Current subparagraph
(iv) of Exchange Rule 518(c)(1) states, a complex order or eQuote (as
defined in Interpretation and Policy .02 of this Rule) will not be
executed at a price that is outside of its MPC Price (as defined in
Interpretation and Policy .05(f) of this Rule) or its limit price.
---------------------------------------------------------------------------
\14\ The term ``Priority Customer'' means a person or entity
that (i) is not a broker or dealer in securities, and (ii) does not
place more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s). See
Exchange Rule 100.
\15\ The term ``Simple Order Book'' is the Exchange's regular
electronic book of orders and quotes. See Exchange Rule 518(a)(15).
\16\ The term ``EBBO'' means the best bid or offer on the Simple
Order Book on the Exchange. See Exchange Rule 518(a)(10).
---------------------------------------------------------------------------
Proposal
The Exchange now proposes to (i) amend its rule pertaining to the
pricing of complex orders to permit the pricing of stock-option complex
strategies in any decimal price the Exchange determines; and (ii) make
additional changes to the Exchange's rulebook necessary to support the
implementation of the proposed pricing structure. The Exchange notes
that its proposal is substantively identical to a recent proposal made
by the Exchange's affiliate, MIAX Options.\17\
---------------------------------------------------------------------------
\17\ See supra note 3.
---------------------------------------------------------------------------
Rule 518 Complex Orders
Specifically, the Exchange proposes to amend subsection (c)(1)
Minimum Increments and Trade Prices of Rule 518, to adopt new paragraph
(ii), and to renumber current paragraph (c)(1)(ii) as paragraph
(c)(1)(iii). New paragraph (c)(1)(ii) will provide that, bids and
offers on complex orders, quotes, and RFR Responses for stock-option
complex strategies (including a cQCC Order entered with a stock
component) may be expressed in any decimal price the Exchange
determines. The option component(s) of such a complex order may be
executed in $0.01 increments, regardless of the minimum increments
otherwise applicable to individual components of the complex order, and
the stock component of such a complex order may be executed in any
decimal price permitted in the equity market. The Exchange notes that
its proposed rule text is identical to that of the Exchange's
affiliate, MIAX Options.\18\ Minimum increments less than $0.01 are
appropriate for stock-option orders as the stock component can trade at
finer decimal increments permitted by the equity market. Furthermore,
the Exchange notes that even with the flexibility provided in the
proposed rule, the individual options and stock legs must trade at
increments allowed by the Commission in the options and equities
markets.
---------------------------------------------------------------------------
\18\ See MIAX Options Exchange Rule 518(c)(1)(ii).
---------------------------------------------------------------------------
To support the pricing of stock-option orders in any decimal price
the Exchange determines, the Exchange is proposing to make a number of
conforming changes throughout its Rulebook to clearly differentiate
pricing and support of complex strategies with only option components,
(which remains unchanged under this proposal in $0.01 increments), and
pricing and support of stock-option complex strategies which may be in
sub-penny increments, as determined by the Exchange. The Exchange notes
that the proposed changes described herein are substantively identical
to changes made by the Exchange's affiliate, MIAX Options.\19\
---------------------------------------------------------------------------
\19\ See supra note 3.
---------------------------------------------------------------------------
Therefore, the Exchange proposes to make a minor conforming change
to the rule text of current paragraph (c)(1)(ii) of Rule 518, which
will be renumbered as paragraph (c)(1)(iii). The current rule text
states that, if any component of a complex strategy would be executed
at a price that is equal to a Priority Customer bid or offer on the
Simple Order Book, at least one other component of the complex strategy
must trade at a price that is better than the corresponding EBBO. The
Exchange now proposes to amend the rule to add additional detail and
specificity by stating that, if any component of a complex strategy
would be executed at a price that is equal to a Priority Customer bid
or offer on the Simple Order Book, at least one other option component
of the complex strategy must trade at a price that is better than the
corresponding EBBO. The Exchange believes that clarifying that the
component of the complex strategy must be an option component adds
additional detail to the rule and makes it clear in the Exchange's
rules that a Priority Customer bid or offer must be improved by at
least $0.01 by the option component of either a complex strategy with
only option components or the option component of a stock-option
complex strategy. The Exchange notes that its proposed rule text is
identical to that of the Exchange's affiliate, MIAX Options.\20\
---------------------------------------------------------------------------
\20\ See MIAX Options Exchange Rule 518(c)(1)(iii).
---------------------------------------------------------------------------
Additionally, the Exchange proposes to amend paragraph (i) of
subsection (c)(1), Minimum Increments and Trade Prices, of Exchange
Rule 518, to add additional detail and clarity to the rule text.
Currently, the rule provides that, bids and offers on complex orders
and quotes may be expressed in $0.01 increments, and the component(s)
of a complex order may be executed in $0.01 increments, regardless of
the minimum increments otherwise applicable to individual components of
the complex order. The Exchange now proposes to amend the rule text to
provide that, bids and offers on complex orders, quotes, and RFR
Responses for complex strategies having only option components may be
expressed in $0.01 increments, and the component(s) of such a complex
order may be executed in $0.01 increments, regardless of the minimum
increments otherwise applicable to individual components of the complex
order. The Exchange notes that its proposed rule text is identical to
that of the Exchange's affiliate, MIAX Options.\21\
---------------------------------------------------------------------------
\21\ See MIAX Options Exchange Rule 518(c)(1)(i).
---------------------------------------------------------------------------
Paragraph (c)(1)(i) pertains to complex strategies that have only
option components (as opposed to paragraph (c)(1)(ii) which pertains to
stock-option complex strategies) and therefore provides that bids,
offers, and RFR Responses for complex strategies having only option
components may be expressed in $0.01 increments. The Exchange believes
this change is necessary to differentiate between which strategies are
required to be priced in $0.01 increments (complex strategies having
only option components) and which strategies may be priced in an
increment other than $0.01 (stock-option complex strategies). The
Exchange believes this amendment provides additional detail and clarity
regarding the pricing of complex strategies having only option
components, which is not changing under this proposal.
The Exchange also proposes to amend the rule text of current
paragraph (c)(1)(iii) of Rule 518 to make two minor conforming changes
and to renumber the paragraph as new paragraph (c)(1)(iv). Currently,
the rule states that, a complex order will not be executed at a net
price that would cause any component of the complex strategy to be
[[Page 43068]]
executed: (A) at a price of zero; or (B) ahead of a Priority Customer
order on the Simple Order Book without improving the EBBO of at least
one component of the complex strategy. The Exchange now proposes to add
additional detail and specificity to the rule to state that, a complex
order will not be executed at a net price that would cause any option
component of the complex strategy to be executed: (A) at a price of
zero; or (B) ahead of a Priority Customer order on the Simple Order
Book without improving the EBBO of at least one option component of the
complex strategy.\22\ The Exchange believes that clarifying that the
component of the complex strategy must be an option component adds
additional detail and clarity to the rule. The Exchange also proposes
to make a non-substantive change to existing paragraph (c)(1)(iv) to
renumber the paragraph as (c)(1)(v). The Exchange notes that its
proposed rule text is identical to that of the Exchange's affiliate,
MIAX Options.\23\
---------------------------------------------------------------------------
\22\ The Exchange also proposes to make an identical conforming
change to paragraph (d)(6) of Rule 518 that is identical to MIAX
Options Exchange Rule 518(d)(6).
\23\ See MIAX Options Exchange Rule 518(c)(1)(iv).
---------------------------------------------------------------------------
The Exchange proposes to amend subparagraph (i) of section (c)(4),
Managed Interest Process for Complex Orders, of Rule 518 to add
additional detail and clarity to the rule text. The managed interest
process for complex orders ensures that a complex order will never be
executed at a price that is through the individual component prices on
the Simple Order Book.
Currently, the rule provides that, when the opposite side icEBBO
\24\ includes a Priority Customer Order, the System will book and
display such booked complex order on the Strategy Book \25\ at a price
(the ``book and display price'') that is $0.01 away from the current
opposite side icEBBO. The Exchange proposes to amend the rule text to
provide that, when the opposite side icEBBO includes a Priority
Customer Order, the System will book and display such booked complex
order on the Strategy Book at a price (the ``book and display price'')
such that at least one option component is priced $0.01 away from the
current opposite side EBBO. The EBBO is comprised of the best bid and
the best offer on the Simple Order Book on the Exchange.\26\
---------------------------------------------------------------------------
\24\ The icEBBO is a calculation that uses the best price from
the Simple Order Book for each component of a complex strategy
including displayed and non-displayed trading interest. For stock-
option orders, the icEBBO for a complex strategy will be calculated
using the best price (whether displayed or non-displayed) on the
Simple Order Book in the individual option component(s), and the
NBBO in the stock component. See Exchange Rule 518(a)(12).
\25\ The ``Strategy Book'' is the Exchange's electronic book of
complex orders and complex quotes. See Exchange Rule 518(a)(17).
\26\ See supra note 16.
---------------------------------------------------------------------------
This change supports the proposed change to 518(c)(1)(iii) which
provides that if any component of a complex strategy would be executed
at a price that is equal to a Priority Customer bid or offer on the
Simple Order Book, at least one option component of the complex
strategy must trade at a price that is better than the corresponding
EBBO. Together, these changes ensure that no complex strategy (either a
complex strategy with only option components or a stock-option complex
strategy) will execute ahead of a Priority Customer order on the Simple
Order Book without improving the EBBO of at least one option component
of the complex strategy by at least $0.01.\27\ The Exchange believes
this change provides additional detail and clarity regarding the
managed interest process for complex strategies with only option
components and for stock-option complex strategies, and harmonizes the
rule text to the System behavior. The Exchange notes that its proposed
rule text is substantively identical to that of the Exchange's
affiliate, MIAX Options.\28\
---------------------------------------------------------------------------
\27\ See Exchange Rule 518(c)(1)(iv) as proposed herein.
\28\ See MIAX Options Exchange Rule 518(c)(4)(i) (The MIAX
Options Exchange's rule text references the MBBO whereas the
proposed rule text references the EBBO).
---------------------------------------------------------------------------
The Exchange proposes to amend paragraph (d)(4), RFR Response, of
Rule 518 to make a conforming change to the rule necessary to support
pricing of stock-option complex strategies in any decimal price
determined by the Exchange. Currently, Rule 518(d)(4) provides that,
RFR responses may be submitted in $0.01 increments. The Exchange
proposes to amend this provision to provide that RFR Responses may be
submitted in the increments defined in proposed subparagraphs (c)(1)(i)
and (c)(1)(ii) of this Rule. This proposed change is consistent with
the proposed change to Rule 518(c)(1), Minimum Increments and Trade
Prices, as described above, and aligns the pricing of complex
strategies with only option components in $0.01, which is not changing
under this proposal, and the pricing of complex strategies with a stock
component in any decimal price the Exchange determines as proposed
herein. RFR responses submitted for a complex strategy having only
option components may be expressed in $0.01 increments as proposed in
subparagraph (c)(1)(i), whereas RFR responses submitted for a stock-
option complex strategy may be expressed in any decimal price the
Exchange determines as proposed in subparagraph (c)(1)(ii). This change
aligns RFR responses for complex strategies with only option components
to the current price interval for complex orders of $0.01, which is not
changing under this proposal, and aligns the pricing interval for
stock-option complex strategies with the proposed change discussed
herein to be in any decimal price as determined by the Exchange.\29\
The Exchange notes that its proposed rule text is identical to that of
the Exchange's affiliate, MIAX Options.\30\
---------------------------------------------------------------------------
\29\ The Exchange also proposes to make an identical conforming
change to Rule 518(e) for cLEP Responses that is identical to MIAX
Options Exchange Rule 518(e), Responses.
\30\ See MIAX Options Exchange Rule 518(d)(4).
---------------------------------------------------------------------------
The Exchange proposes to amend paragraph (d)(6)(i) of Rule 518 to
add additional detail and clarity to the operation of the rule
necessary to support pricing of stock-option complex strategies in sub-
penny increments and clarify that the pricing and processing of complex
strategies with only option components will remain unchanged under this
proposal. Currently, the rule states that, at the conclusion of the
Response Time Interval, Complex Auction-eligible orders will be priced
and executed as follows, and allocated pursuant to subparagraph (7) of
Rule 518: \31\ (i) Using $0.01 inside the current icEBBO as the
boundary (the ``boundary''), the System will calculate the price where
the maximum quantity of contracts can trade and also determine whether
there is an imbalance.\32\
---------------------------------------------------------------------------
\31\ See Exchange Rule 518(d)(6).
\32\ See Exchange Rule 518(d)(6)(i).
---------------------------------------------------------------------------
The Exchange now proposes to amend the rule text to state that, at
the conclusion of the Response Time Interval, Complex Auction-eligible
orders will be priced and executed as follows, and allocated pursuant
to subparagraph (7) of Rule 518: (i) Using $0.01 inside the current
icEBBO for complex strategies with only option components or using a
decimal price increment (as determined by the Exchange) inside the
current icEBBO for stock-option complex strategies as the boundary (the
``boundary''), the System will calculate the price where the maximum
quantity of contracts can trade and also determine whether there is an
imbalance. This proposed change is consistent with the proposed change
to Rule 518(c)(1), Minimum Increments and Trade Prices, as described
above and allows the Exchange to accurately
[[Page 43069]]
calculate prices for stock-option complex strategies. Using the same
pricing increments that each complex strategy is priced in ($0.01 for
complex strategies with only option components and the decimal price
increment as determined by the Exchange for stock-option complex
strategies) ensures that there are no calculation or rounding errors
which ensures the accuracy and integrity of the Exchange's price
calculations and the System's determination of the price where the
maximum quantity of contracts can trade and also the System's
determination of an imbalance. The Exchange believes this change adds
additional detail and clarity to the rule, by clarifying current
behavior as it relates to complex strategies with only option
components and facilitates the proposed change to permit pricing of
complex strategies with an option component in any decimal price the
Exchange determines. The Exchange notes that its proposed rule text is
substantively identical to that of the Exchange's affiliate, MIAX
Options.\33\
---------------------------------------------------------------------------
\33\ See MIAX Options Exchange Rule 518(d)(6)(i) (MIAX Options
Exchange's rule text references the icMBBO whereas the proposed rule
text references the icEBBO).
---------------------------------------------------------------------------
The Exchange proposes to amend paragraph (d)(6)(i)(A)2.a. of Rule
518 to provide for calculations in $0.01 increments to support complex
strategies with only option components and to provide for calculations
in any decimal price increment as determined by the Exchange to support
stock-option complex strategies. Currently, the rule provides that, if
the midpoint price is not in a $0.01 increment, the System will round
toward the midpoint of the dcEBBO \34\ to the nearest $0.01. The
Exchange now proposes to amend the rule text to state that, for complex
strategies with only option components if the midpoint price is not in
a $0.01 increment, the System will round toward the midpoint of the
dcEBBO to the nearest $0.01; for stock-option complex strategies, if
the midpoint price is not in a decimal price increment as determined by
the Exchange, the System will round toward the midpoint of the dcEBBO
to the nearest decimal price increment as determined by the Exchange.
The Exchange notes that its proposed rule text is substantively
identical to that of the Exchange's affiliate, MIAX Options.\35\
---------------------------------------------------------------------------
\34\ The dcEBBO is calculated using the best displayed price for
each component of a complex strategy from the Simple Order Book. For
stock-option orders, the dcEBBO for a complex strategy will be
calculated using the Exchange's best displayed bid or offer in the
individual option component(s) and the NBBO in the stock component.
See Exchange Rule 518(a)(8).
\35\ See MIAX Options Exchange Rule 518(d)(6)(i)(A)2.a. (MIAX
Options Exchange's rule text references the dcMBBO whereas the
proposed rule text references the dcEBBO).
---------------------------------------------------------------------------
Similarly, the Exchange also proposes to amend paragraph
(d)(6)(i)(A)2.b. of Rule 518 to provide for calculations in $0.01
increments to support complex strategies with only option components
and to provide for calculations in any decimal increment as determined
by the Exchange to support stock-option complex strategies. Currently,
the rule provides that if the midpoint of the highest and lowest prices
is also the midpoint of the dcEBBO and is not in a $0.01 increment the
System will round the price up to the next $0.01 increment. The
Exchange now proposes to amend the rule text to state that, if the
midpoint of the highest and lowest prices is also the midpoint of the
dcEBBO and is not in a $0.01 increment for complex strategies with only
option components or in a decimal price increment as determined by the
Exchange for stock-option complex strategies, the System will round the
price up to the next $0.01 increment for complex strategies with only
option components or to a decimal price increment as determined by the
Exchange for stock-option complex strategies The Exchange notes that
its proposed rule text is identical to that of the Exchange's
affiliate, MIAX Options.\36\
---------------------------------------------------------------------------
\36\ See MIAX Options Exchange Rule 518(d)(6)(i)(A)2.b.
---------------------------------------------------------------------------
To properly perform the internal calculations described in Exchange
Rule 518(d)(6)(i)(A)2.a. and b. correctly it is imperative that the
decimal increment being used in the calculation properly aligns to the
decimal quoting increment being used on the Exchange for that strategy,
be it for complex strategies with only option components or stock-
option complex strategies. Using the appropriate decimal increment that
the strategy is priced in ($0.01 for complex strategies with only
option components or any decimal price as determined by the Exchange
for stock-option complex strategies) ensures that the Exchange
accurately calculates the auction start price to the proper decimal
precision for either complex strategies with only option components
(which may only be in $0.01 increments) or stock-option complex
strategies (which may be in any price increment as determined by the
Exchange). The Exchange believes these changes provide additional
detail and clarification regarding the differentiation in calculations
for complex strategies with only option components that are priced in
$0.01 increments, which remains unchanged under this proposal, and
calculations for stock-option complex strategies, which may be priced
in increments other than $0.01. This change is necessary to support the
proposed change discussed herein to price stock-option strategies in
any decimal price increment as determined by the Exchange. The Exchange
notes that its proposed rule text is substantively identical to that of
the Exchange's affiliate, MIAX Options.\37\
---------------------------------------------------------------------------
\37\ See MIAX Options Exchange Rule 518(d)(6)(i) (MIAX Options
Exchange's rule text references the icMBBO whereas the proposed rule
text references the icEBBO).
---------------------------------------------------------------------------
Rule 515 Execution of Orders and Quotes
Customer to Customer Cross Orders
The Exchange proposes to amend paragraph (h), Crossing Orders, of
Rule 515, to clarify that Complex Customer Cross (``cC2C'') pricing is
not changing under this proposal. Currently, subparagraph (B) of
paragraph (3), of Rule 515(h), Complex Customer Cross (``cC2C'') Orders
provides that cC2C Orders \38\ may only be entered in the minimum
trading increments applicable to complex orders under Rule
518(c)(1)(i). Current Rule 518(c)(1)(i) provides that the minimum
trading increments applicable to complex orders is $0.01.\39\ The
Exchange proposes to amend subparagraph (B) to state that, cC2C Orders
may only be entered in minimum trading increments of $0.01. The
Exchange notes that its proposed rule text is identical to that of the
Exchange's affiliate, MIAX Options.\40\
---------------------------------------------------------------------------
\38\ A Complex Customer Cross or ``cC2C'' Order is comprised of
one Priority Customer complex order to buy and one Priority Customer
complex order to sell at the same price and for the same quantity.
Trading of cC2C Orders is governed by Rule 515(h)(3). See Exchange
Rule 518(b)(5).
\39\ Bids and offers on complex orders and quotes may be
expressed in $0.01 increments, and the component(s) of a complex
order may be executed in $0.01 increments, regardless of the minimum
increments otherwise applicable to individual components of the
complex order. See Exchange Rule 518(c)(1)(i).
\40\ See MIAX Options Exchange Rule 515(h)(3)(B).
---------------------------------------------------------------------------
Complex Qualified Contingent Cross Orders
cQCC Orders \41\ may be entered into the Exchange's System with a
stock
[[Page 43070]]
component or without the stock component. To support and facilitate the
pricing proposal for stock-option strategies as proposed herein, a cQCC
entered without the stock component will be treated as a complex
strategy with only option components for pricing purposes (pricing in
$0.01 increments only), whereas a cQCC entered with the stock component
will be treated as a complex strategy with a stock component under the
Exchange's new quoting structure as proposed herein. Therefore, the
Exchange proposes to amend subparagraph (B) of paragraph (4), Complex
Qualified Contingent Cross (``cQCC'') Orders to provide that cQCC
Orders may only be entered in the minimum trading increments applicable
to complex orders under proposed Rule 518(c)(1)(i) or 518(c)(1)(ii) if
the cQCC Order includes the stock component upon entry. The Exchange
notes that its proposed rule text is identical to that of the
Exchange's affiliate, MIAX Options.\42\
---------------------------------------------------------------------------
\41\ A Complex Qualified Contingent Cross or ``cQCC'' Order is
comprised of an originating complex order to buy or sell where each
component is at least 1,000 contracts that is identified as being
part of a qualified contingent trade, as defined in Rule 516,
Interpretations and Policies .01, coupled with a contra-side complex
order or orders totaling an equal number of contracts. Trading of
cQCC Orders is governed by Rule 515(h)(4). See Exchange Rule
518(b)(6).
\42\ See MIAX Options Exchange Rule 515(h)(4)(B).
---------------------------------------------------------------------------
Additionally, the Exchange proposes to adopt new subparagraph (D)
to paragraph (4) of Rule 515(h) to provide a more fulsome description
of cQCC Order handling of a cQCC Order entered without the stock
component and a cQCC Order entered with the stock component. New
subparagraph (D) will provide that, a cQCC Order may be entered with or
without the stock component. A cQCC Order entered without the stock
component will be treated as a complex strategy with only option
components. A cQCC Order entered with the stock component shall be
subject to Rule 518.01. A Member that submits a cQCC Order to the
Exchange (with or without the stock component) represents that such
order satisfies the requirements of a qualified contingent trade (as
described in Interpretations and Policies .01 of Rule 516) and agrees
to provide information to the Exchange related to the execution of the
stock component as determined by the Exchange and communicated via
Regulatory Circular.\43\ The Exchange notes that its proposed rule text
is identical to that of the Exchange's affiliate, MIAX Options.\44\
---------------------------------------------------------------------------
\43\ See proposed Rule 515(h)(4)(D) and see also MIAX Emerald
Regulatory Circular 2019-66, Regulatory Requirements when entering a
Qualified Contingent Cross Order (``QCC'') or a Complex Qualified
Contingent Cross Order (``cQCC'') (August 13, 2019) available at:
<a href="https://www.miaxoptions.com/sites/default/files/circular-files/MIAX_Emerald_RC_2019_66.pdf">https://www.miaxoptions.com/sites/default/files/circular-files/MIAX_Emerald_RC_2019_66.pdf</a>.
\44\ See MIAX Options Exchange Rule 515(h)(4)(D).
---------------------------------------------------------------------------
Implementation Date
The Exchange plans to implement the proposed rule change at the end
of Q3, 2022, or early Q4 of 2022, and will announce the implementation
date to its Members via Regulatory Circular.
2. Statutory Basis
The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \45\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \46\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------
\45\ 15 U.S.C. 78f(b).
\46\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule change benefits
investors and promotes just and equitable principles of trade because
it provides investors with the ability to price stock-option complex
strategies with greater precision.\47\ This provides investors with
greater opportunities for execution as it allows for more accurate
pricing of stock-option complex strategies. The net price of a complex
strategy with a stock component may result in a price that is
accurately expressed in a finer decimal increment than $0.01 as a
result of the stock ratio being used.
---------------------------------------------------------------------------
\47\ The Exchange notes that other options exchanges permit
stock-option orders to be priced in decimal increments. See Cboe
Options Rule 5.33(f)(i)(B), Nasdaq ISE Options 3, Section 14(c)(1),
Cboe EDGX Rule 21.20(f)(1)(B); and MIAX Options Exchange Rule
518(c)(1)(ii).
---------------------------------------------------------------------------
Example 1 Stock-Option Complex Strategy
The current market is:
EBBO XYZ Jan 15 Put 0.95 (10) x 1.00 (10)
NBBO XYZ Stock 20.00 (100) x 20.01 (100)
Customer strategy: A customer order to Buy 1 XYZ Jan 15 Put and Buy
33 Shares of XYZ is received. The customer would like to pay $1.00 for
the option and pay $20.01 for the stock for a net price $7.6033 as per
the calculation of the strategy market below.
The market for the Strategy is:
Strategy Bid = (Option Bid * Option Ratio) + (Stock Bid * Stock Ratio/
100)
Strategy Bid = (0.95 * 1) + (20.00 * .33)
Strategy Bid = 7.5500
Strategy Ask = (Option Ask * Option Ratio) + (Stock Ask * Stock Ratio/
100)
Strategy Ask = (1.00 * 1) + (20.01 * .33)
Strategy Ask = 7.6033
Strategy market = 7.5500 x 7.6033
As the Exchange does not support stock option strategies priced in
four decimal increments this strategy would be sent to a venue that
supports four decimal pricing for execution.
Under the Exchange's proposal to permit stock-option complex
strategies to be expressed in any decimal price as determined by the
Exchange, if the Exchange determines to price stock-option complex
strategies in $0.0001 increments, the above strategy could be placed on
the Exchange's Strategy Book at its calculated net price. The customer
who would like to pay $1.00 for the option and pay $20.01for the stock
can now pay $1.00 for the option and pay $20.01 for the stock for a net
price of $7.6033 as per the calculation above.
Pricing stock-option complex strategies in sub-penny increments
permits more precision pricing and allows for complex strategies with a
stock component to be effectively traded on the Exchange. Currently,
firms that wish to execute these types of strategies will not send them
to the MIAX Emerald Exchange due to the current System limitation which
constrains the price to two decimal places, whereas the strategy may be
more precisely priced in sub-penny increments on exchanges that permit
sub-penny pricing of stock-option complex strategies to four decimal
places.\48\
---------------------------------------------------------------------------
\48\ See id.
---------------------------------------------------------------------------
Further, the Exchange believes that the proposed rule change
removes impediments to and perfects the mechanisms of a free and open
market and a national market system and, in general, protects investors
and the public interest by offering similar functionality to Members
that can be found on other competing option exchanges.\49\ Competition
benefits investors by providing investors an additional venue to choose
from when making order routing decisions.
---------------------------------------------------------------------------
\49\ See id.
---------------------------------------------------------------------------
Additionally, the Exchange believes its proposal to leave Complex
Customer Cross Order functionality unchanged promotes just and
equitable principles of trade, removes impediments to and perfects the
mechanisms of a free and open market and a national market system and,
in general, to protects investors and the public interest. A Complex
Customer Cross Order is
[[Page 43071]]
comprised of one Priority Customer complex order to buy and one
Priority Customer complex order to sell at the same price and for the
same quantity.\50\ Complex Customer Cross Orders are not exposed to the
marketplace and are executed upon entry, provided that the execution is
at least $0.01 better than the icEBBO, or the best net price of a
complex order on the Strategy Book, whichever is more aggressive.\51\
The Exchange believes that requiring a minimum improvement of $0.01
benefits investors and the public interest as it is not a de minimis
price improvement amount. Further, the Exchange does not believe that
Members on the Exchange are disadvantaged in any way by not being able
to execute Complex Customer Cross Orders with a stock component in a
sub-penny interval, as Members may use the cQCC Order type for stock-
option complex strategies, or expose their stock-option complex
strategy order to the market via the Exchange's cPRIME for price
improvement in sub-penny increments.
---------------------------------------------------------------------------
\50\ See Exchange Rule 518(b)(2)(d).
\51\ See Exchange Rule 515(h)(3).
---------------------------------------------------------------------------
To support the pricing of stock-option orders in any decimal price
the Exchange determines, the Exchange is proposing to make a number of
non-substantive conforming changes throughout its rules to clearly
differentiate pricing and support of complex strategies with only
option components, (which remains unchanged under this proposal in
$0.01 increments), and pricing and support of stock-option complex
strategies, which may be in any decimal price the Exchange determines.
The Exchange believes that its proposed non-substantive changes to add
additional detail and clarity to the Exchange's rulebook benefits
investors and the public interest as it provides transparency and
eliminates the potential for confusion regarding the operation of the
Exchange's rules.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that its proposal will impose any burden on intra-market
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because all Members of the Exchange that transact
stock-option complex strategies will be able to price stock-option
complex strategies in more precise increments.
The Exchange does not believe that the proposed rule change will
impose any burden on inter-market competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
believes that its proposal may benefit inter-market competition as
other competing option exchanges offer similar price precision for
stock-option complex strategies.\52\
---------------------------------------------------------------------------
\52\ See CboeEDGX Exchange Rule 21.20(f)(1)(B) which provides
that Users may express bids and offers for a stock-option order
(including a QCC with Stock Order) in any decimal price the Exchange
determines. The option leg(s) of a stock-option order may be
executed in $0.01 increments, regardless of minimum increments
otherwise applicable to the option leg(s), and the stock leg of a
stock-option order may be executed in any decimal price permitted in
the equity market; and Cboe Exchange Rule 5.33(f)(1)(B) which
similarly provides that Users may express bids and offers for a
stock-option order (including a QCC with Stock Order) in any decimal
price the Exchange determines. The minimum increment for the option
leg(s) of a stock-option order is $0.01 or greater, which the
Exchange may determine on a class-by-class basis, regardless of the
minimum increments otherwise applicable to the option leg(s), and
the stock leg of a stock-option order may be executed in any decimal
price permitted in the equity market. See also Tradedesk Updates,
Cboe Options Exchange Announces Support for QCC with an Equity Leg
and Improved Pricing Precision on Complex Orders with an Equity Leg
(March 2, 2018) (allowing a price with four decimal places on all
complex orders that include a stock leg and that are routed for
electronic trading) available at <a href="https://cdn.cboe.com/resources/release_notes/2018/QCC-w-equity-leg-and-CPS-4-digit-decimal.pdf">https://cdn.cboe.com/resources/release_notes/2018/QCC-w-equity-leg-and-CPS-4-digit-decimal.pdf</a>; See
also MIAX Options Exchange Rule 518(c)(1)(ii).
---------------------------------------------------------------------------
Additionally, the non-substantive changes proposed by the Exchange
will have no impact on competition as they provide additional clarity
and detail in the Exchange's rules and are not changes made for any
competitive purpose.
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
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 \53\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\54\
---------------------------------------------------------------------------
\53\ 15 U.S.C. 78s(b)(3)(A)(iii).
\54\ 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.
---------------------------------------------------------------------------
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
<bullet> Use the Commission's internet comment form (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#4735322b226a24282a2a222933340734222469202831"><span class="__cf_email__" data-cfemail="ff8d8a939ad29c9092929a918b8cbf8c9a9cd1989089">[email protected]</span></a>. Please include
File Number SR-EMERALD-2022-23 on the subject line.
Paper Comments
<bullet> 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-EMERALD-2022-23. 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 (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>).
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
[[Page 43072]]
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-
EMERALD-2022-23, and should be submitted on or before August 9, 2022.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\55\
---------------------------------------------------------------------------
\55\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-15307 Filed 7-18-22; 8:45 am]
BILLING CODE 8011-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 19, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.