Notice2024-00855
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend its NYSE Arca Options Fees and Charges
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
January 18, 2024
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 89 Issue 12 (Thursday, January 18, 2024)</title>
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[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Notices]
[Pages 3450-3452]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00855]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-99334; File No. SR-NYSEARCA-2023-88]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend its NYSE
Arca Options Fees and Charges
January 11, 2024.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 29, 2023, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III 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.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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[[Page 3451]]
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend its NYSE Arca Options Fees and
Charges (the ``Fee Schedule'') with respect to the system processing
fee for the Central Registration Depository (``CRD'' or ``CRD system'')
collected by the Financial Industry Regulatory Authority, Inc.
(``FINRA''). The Exchange proposes to implement the fee change on
January 2, 2024. The proposed rule change is available on the
Exchange's website at <a href="http://www.nyse.com">www.nyse.com</a>, at the principal office of the
Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend the Fee Schedule with respect to the
system processing fee for use of CRD collected by collected by
FINRA.\3\ The Exchange proposes to implement the fee changes effective
January 2, 2024.
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\3\ CRD is the central licensing and registration system for the
U.S. securities industry. The CRD system enables individuals and
firms seeking registration with multiple states and self-regulatory
organizations to do so by submitting a single form, fingerprint
card, and a combined payment of fees to FINRA. Through the CRD
system, FINRA maintains the qualification, employment, and
disciplinary histories of registered associated persons of broker-
dealers.
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FINRA collects and retains certain regulatory fees via CRD for the
registration of associated persons of Exchange OTP Holders and OTP
Firms that are not FINRA members (``Non-FINRA OTP Holders'').\4\ CRD
fees are user-based, and there is no distinction in the cost incurred
by FINRA if the user is a FINRA member or a Non-FINRA OTP Holder.
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\4\ The Exchange originally adopted fees for use of the CRD
system in 2005 and amended those fees in 2013, 2022 and 2023. See
Securities Exchange Act Release Nos. 51641 (May 2, 2005), 70 FR
24155 (May 6, 2005) (SR-PCX-2005-49); 68590 (January 4, 2013), 78 FR
2470 (January 11, 2013) (SR-NYSEArca-2012-145); 93899 (January 5,
2022), 87 FR 1455 (January 11, 2022) (SR-NYSEArca-2021-106); and
96698 (January 18, 2023), 88 FR 4260 (January 24, 2023) (SR-
NYSEArca-2023-03). While the Exchange lists these fees in its Fee
Schedule, it does not collect or retain these fees.
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In 2020, FINRA amended certain fees assessed for use of the CRD
system for implementation between 2022 and 2024.\5\ The Exchange
accordingly proposes to amend the Fee Schedule to mirror the system
processing fee assessed by FINRA, which will be implemented
concurrently with the amended FINRA fee as of January 2024.\6\
Specifically, the Exchange proposes to amend the Fee Schedule to modify
the system processing fee charged to Non-FINRA OTP Holders for each
registered representative and principal from $45 to $70.\7\
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\5\ See Securities Exchange Act Release No. 90176 (October 14,
2020), 85 FR 66592 (October 20, 2020) (SR-FINRA-2020-032).
\6\ The Exchange notes that it has only adopted the CRD system
fees charged by FINRA to Non-FINRA OTP Holders when such fees are
applicable. In this regard, certain FINRA CRD system fees and
requirements are specific to FINRA members, but do not apply to NYSE
Arca-only OTP Holders. Non-FINRA OTP Holders have been charged CRD
system fees since 2005. See note 4, supra. OTP Holders that are also
FINRA members are charged CRD system fees according to Section 4 of
Schedule A to the FINRA By-Laws.
\7\ See Section (4)(b)(7) of Schedule A to the FINRA By-laws.
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The Exchange notes that the proposed change is not otherwise
intended to address any other issues surrounding regulatory fees, and
the Exchange is not aware of any problems that OTP Holders would have
in complying with the proposed change.
1. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Section 6(b)(4) \9\ of the Act, in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges. The Exchange also believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\10\ in that
it is designed 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 mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
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\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(4).
\10\ 15 U.S.C. 78f(b)(5).
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The Exchange believes that the proposed fee change is reasonable
because the fee will be identical to that adopted by FINRA for use of
the CRD system to submit an initial or amended Form U4, Form U5 or Form
BD that includes the initial reporting, amendment, or certification of
one or more disclosure events or proceedings and the posting to CRD
each set of fingerprints submitted electronically to FINRA. The costs
of operating and improving the CRD system are similarly borne by FINRA
when a Non-FINRA OTP Holder uses the CRD system; accordingly, the fees
collected for such use should, as proposed by the Exchange, mirror the
fees assessed to FINRA members. In addition, as FINRA noted in amending
its fees, it believes that its proposed pricing structure is reasonable
and correlates fees with the components that drive its regulatory costs
to the extent feasible. The Exchange further believes that the change
is reasonable because it will provide greater specificity regarding the
CRD system fees that are applicable to Non-FINRA OTP Holders. All
similarly situated OTP Holders are subject to the same fee structure,
and every OTP Holder must use the CRD system for registration and
disclosure. Accordingly, the Exchange believes that the fees collected
for such use should likewise increase in lockstep with the fees
assessed to FINRA members, as proposed by the Exchange.
The Exchange also believes that the proposed fee change provides
for the equitable allocation of reasonable fees and other charges, and
does not unfairly discriminate between customers, issuers, brokers, and
dealers. The fee applies equally to all individuals and firms required
to report information the CRD system, and the proposed change will
result in the same regulatory fees being charged to all OTP Holders
required to report information to CRD and for services performed by
FINRA regardless of whether such OTP Holders are FINRA members.
Accordingly, the Exchange believes that the fee collected for such use
should increase in lockstep with the fee adopted by FINRA as of January
2024, as proposed by the Exchange.
B. Self-Regulatory Organization's Statement on Burden on Competition
In accordance with Section 6(b)(8) of the Act,\11\ the Exchange
believes that the
[[Page 3452]]
proposed rule change would not impose any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
Specifically, the Exchange believes that the proposed change will
reflect fees that will be assessed by FINRA as of January 2024 and will
thus result in the same regulatory fees being charged to all OTP
Holders required to report information to the CRD system and for
services performed by FINRA, regardless of whether or not such OTP
Holders are FINRA members.
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\11\ See 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \12\ and Rule 19b-4(f)(2) \13\ thereunder.
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\12\ 15 U.S.C. 78s(b)(3)(A)(ii).
\13\ 17 CFR 240.19b-4(f)(2).
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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 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
<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#295b5c454c044a4644444c475d5a695a4c4a074e465f"><span class="__cf_email__" data-cfemail="4a383f262f67292527272f243e390a392f29642d253c">[email protected]</span></a>. Please include
file number SR-NYSEARCA-2023-88 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-NYSEARCA-2023-88. 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 a.m. and 3
p.m. Copies of the filing also will be available for inspection and
copying at the principal office of the Exchange. Do not include
personal identifiable information in submissions; you should submit
only information that you wish to make available publicly. We may
redact in part or withhold entirely from publication submitted material
that is obscene or subject to copyright protection. All submissions
should refer to file number SR-NYSEARCA-2023-88 and should be submitted
on or before February 8, 2024.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-00855 Filed 1-17-24; 8:45 am]
BILLING CODE 8011-01-P
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