Notice2026-01207

Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend IEX's Fee Schedule Concerning Certain FINRA Fees

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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 23, 2026

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 91 Issue 15 (Friday, January 23, 2026)</title>
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[Federal Register Volume 91, Number 15 (Friday, January 23, 2026)]
[Notices]
[Pages 2976-2978]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01207]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-104634; File No. SR-IEX-2026-01]


Self-Regulatory Organizations; Investors Exchange LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend 
IEX's Fee Schedule Concerning Certain FINRA Fees

January 20, 2026.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given 
that, on January 7, 2026, the Investors Exchange LLC (``IEX'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Pursuant to the provisions of Section 19(b)(1) under the Act,\4\ 
and Rule 19b-4 thereunder,\5\ the Exchange is filing with the 
Commission a proposed rule change to amend the Exchange's fee schedule 
applicable to Members \6\ (the ``Fee Schedule'' \7\) pursuant to IEX 
Rule 15.110(a) and (c) to reflect adjustments to system processing fees 
for the Central Registration Depository (``CRD''), which are collected 
and retained by the Financial Industry Regulatory Authority, Inc. 
(``FINRA''). Changes to the Fee Schedule pursuant to this proposal are 
immediately effective.\8\
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ See IEX Rule 1.160(s).
    \7\ See Investors Exchange Fee Schedule, available at <a href="https://www.iexexchange.io/resources/trading/fee-schedule">https://www.iexexchange.io/resources/trading/fee-schedule</a>.
    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    The text of the proposed rule change is available at the Exchange's 
website at <a href="https://www.iexexchange.io/resources/regulation/rule-filings">https://www.iexexchange.io/resources/regulation/rule-filings</a> 
and at the principal office of the Exchange.

II. Self-Regulatory Organization's Statement of the Purpose of, and the 
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 these statements may be examined at 
the places specified in Item IV below. The self-regulatory organization 
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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    FINRA collects and retains certain regulatory fees via the CRD 
system for the registration of associated persons of IEX Members who 
are not FINRA members.\9\ One such fee is the CRD system processing 
fee, which until January 1, 2026, was a flat fee of $70 per registered 
person associated with a Member. In 2024, FINRA amended certain fees, 
including the CRD system processing fee, with implementation dates in 
2026 and 2028.\10\ Beginning on January 1, 2026, FINRA replaced the 
flat fee with a tiered fee structure where the CRD system processing 
fee is calculated based on the number of securities regulators with 
which each registered person of a Member is registered, excluding 
registration as an investment adviser representative.\11\
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    \9\ FINRA operates the CRD, the central licensing and 
registration system for the U.S. securities industry. Through the 
CRD system, FINRA maintains the qualification, employment, and 
disciplinary histories of registered associated persons of broker-
dealers.
    \10\ See Securities Exchange Act Release No. 101696 (November 
21, 2024), 89 FR 93709 (November 27, 2024) (SR-FINRA-2024-019).
    \11\ See id.
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    Accordingly, the Exchange proposes to amend the Registration and 
processing fee section of its Fee Schedule to remove the $70 CRD system 
processing fee and replace it with the tiered fee structure set forth 
below based on the number of securities regulators that each registered 
representative and principal is registered with:

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             Number of securities regulators                   Fees
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1-5.....................................................             $70
6-20....................................................              95

[[Page 2977]]

 
21-40...................................................             110
41+.....................................................             125
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    These amendments are being made in accordance with FINRA's rule 
change amending its CRD system processing fees.\12\
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    \12\ See supra, note 10.
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    Because FINRA separately collects the CRD system processing fee for 
any IEX Member that is also a FINRA member,\13\ the CRD system 
processing fee on the Exchange's Fee Schedule applies only to IEX 
Members that are not FINRA members. The Exchange merely lists these CRD 
system processing fees on its Fee Schedule; it does not collect or 
retain these fees. Although the Exchange does not currently have any 
Members that are not FINRA members, the Exchange proposes to amend the 
CRD system processing fees in its Fee Schedule to align with FINRA's 
revised CRD system processing fees, which became operative on January 
1, 2026.
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    \13\ IEX Members that are also FINRA members are charged CRD 
system processing fees according to Section 4 of Schedule A to the 
FINRA By-Laws.
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2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the 
provisions of Section 6(b) \14\ of the Act in general, and furthers the 
objectives of Sections 6(b)(4) and 6(b)(5) \15\ of the Act, in 
particular, in that it provides for the equitable allocation of 
reasonable fees and charges among its members, and is not designed to 
permit unfair discrimination between customers, issuers, brokers, and 
dealers.
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    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(4) and (5).
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    As described in the Purpose section, the proposed fee change is 
being made in response to amendments made by FINRA to the same fees. 
The proposed fee is reasonable because it is identical to the fee 
adopted by FINRA as of January 1, 2026 for use of the CRD system for 
each of the FINRA member's registered representatives and principals 
for system processing.\16\ The costs of operating and improving the CRD 
system are similarly borne by FINRA when a non-FINRA IEX Member uses 
the CRD system; accordingly, the fees collected for such use should, as 
proposed by the Exchange, mirror the fees assessed to FINRA members.
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    \16\ See supra, note 10.
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    The Exchange also believes the proposed fee change is reasonable 
because, as noted in FINRA's fee filing, FINRA is increasing the CRD 
system fees to provide enough revenue to enable it to continue 
fulfilling its regulatory mission.\17\ In addition, the Exchange 
believes that the tiered fee structure is also reasonable because, as 
FINRA noted in its fee filing, the fees correlate with the components 
that drive FINRA's regulatory costs, to the extent feasible.\18\ The 
Exchange further believes that the change is reasonable because, to the 
extent the Exchange has any non-FINRA IEX Members in the future, the 
proposed fee will provide greater specificity regarding the CRD system 
fees that would be applicable to any such Members.
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    \17\ See id.
    \18\ See id.
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    The Exchange believes the proposed fee increase is equitable and 
not designed to permit unfair discrimination because FINRA charges the 
equivalent system processing fee to all users of the CRD system, 
whether or not they are FINRA members. The proposed fee applies equally 
to all IEX Members required to report information in the CRD system, 
and the proposed fee will result in the same regulatory fees being 
charged to all Members required to report information to CRD regardless 
of whether such Members are FINRA members. Therefore, all users of the 
CRD system--regardless of whether they are FINRA members--equally bear 
the cost of maintaining the system. Further, the Exchange will not be 
collecting or retaining these fees, and therefore will not be in a 
position to apply them in an inequitable or unfairly discriminatory 
manner.
    As noted in the Purpose section, although the Exchange does not 
currently have any Members that are not FINRA members, the Exchange 
believes it is appropriate and consistent with the Act to amend the CRD 
system processing fees in its Fee Schedule to align with FINRA's 
revised CRD system processing fees, which became operative on January 
1, 2026, to provide clarity and transparency for any Member that might 
in the future not be a FINRA member.

B. Self-Regulatory Organization's Statement on Burden on Competition

    IEX does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. Because the proposed change is 
being made in response to a fee amendment made by FINRA, these changes 
are not designed to serve any competitive purpose, let alone create any 
burden on competition. Rather, they are designed to ensure that FINRA's 
CRD system processing fee applies on the Exchange in the same manner as 
it does on any other national securities exchange. Thus, the Exchange 
does not believe that the proposed rule change will impose any burden 
on intermarket competition, let alone a burden on intermarket 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act.
    The Exchange does not believe that the proposed rule change will 
impose any burden on intramarket competition because these changes are 
being made in response to a FINRA fee amendment and will apply equally 
to all Members of the Exchange that are non-FINRA members.

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 foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) \19\ of the Act.
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    \19\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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 under 
Section 19(b)(2)(B) \20\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \20\ 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

    <bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
    <bullet> Send an email to <a href="/cdn-cgi/l/email-protection#592b2c353c743a3634343c372d2a192a3c3a773e362f"><span class="__cf_email__" data-cfemail="4133342d246c222e2c2c242f3532013224226f262e37">[email&#160;protected]</span></a>. Please include 
file number SR-IEX-2026-01 on the subject line.

Paper Comments

    <bullet> Send paper comments in triplicate to Secretary, Securities 
and Exchange

[[Page 2978]]

Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to file number SR-IEX-2026-01. 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="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). Copies of the filing 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-IEX-2026-01 and should be submitted on 
or before February 13, 2026.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-01207 Filed 1-22-26; 8:45 am]
BILLING CODE 8011-01-P


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Indexed from Federal Register on January 23, 2026.

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