Notice2026-11570
Self-Regulatory Organizations; Cboe Exchange, Inc.; Cboe 2 Exchange, Inc.; Cboe BZX Exchange, Inc.; Cboe EDGX Exchange, Inc.; Cboe EDGA Exchange, Inc.; Cboe BYX Exchange, Inc.; Declaration of Effectiveness of the Fingerprint Plan of Cboe Exchange, Inc.; Cboe 2 Exchange, Inc.; Cboe BZX Exchange, Inc.; Cboe EDGX Exchange, Inc.; Cboe EDGA Exchange, Inc.; and Cboe BYX Exchange, Inc.
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
June 10, 2026
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 91 Issue 111 (Wednesday, June 10, 2026)</title>
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[Federal Register Volume 91, Number 111 (Wednesday, June 10, 2026)]
[Notices]
[Pages 35283-35286]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11570]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-105622]
Self-Regulatory Organizations; Cboe Exchange, Inc.; Cboe 2
Exchange, Inc.; Cboe BZX Exchange, Inc.; Cboe EDGX Exchange, Inc.; Cboe
EDGA Exchange, Inc.; Cboe BYX Exchange, Inc.; Declaration of
Effectiveness of the Fingerprint Plan of Cboe Exchange, Inc.; Cboe 2
Exchange, Inc.; Cboe BZX Exchange, Inc.; Cboe EDGX Exchange, Inc.; Cboe
EDGA Exchange, Inc.; and Cboe BYX Exchange, Inc.
June 5, 2026.
On March 12, 2026, Cboe Exchange, Inc.; Cboe 2 Exchange, Inc.; Cboe
BZX Exchange, Inc.; Cboe EDGX Exchange, Inc.; Cboe EDGA Exchange, Inc.;
and Cboe BYX Exchange, Inc. (collectively, ``CBOE'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') a
new fingerprint plan (``Plan'') \1\ pursuant to Rule 17f-2(c) \2\ under
the Securities Exchange Act of 1934 (``Act'').\3\ This Plan supersedes
and replaces Cboe Exchange, Inc.'s current fingerprint plan, which was
declared effective for the Commission by the Division of Trading and
Markets, pursuant to delegated authority, on December 19, 2002 (the
``2002 Fingerprint Plan'').\4\
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\1\ Attached hereto as Exhibit A. See also letter from Laura
Dickman, Vice President, Associate General Counsel, CBOE, to Lauren
Yates, Senior Special Counsel, Office of Market Supervision,
Division of Trading and Markets, dated March 12, 2026 (``CBOE
Letter'').
\2\ 17 CFR 240.17f-2(c).
\3\ 15 U.S.C. 78a et seq.
\4\ See Securities Exchange Act Release No. 46467A (December 19,
2002), 67 FR 79195 (December 27, 2002) (Approval of Chicago Board
Options Exchange, Inc. Fingerprint Plan). Pursuant to the 2002
Fingerprint Plan, Cboe Exchange, Inc. channels fingerprints for,
among others, individual partners, directors, officers, and
employees of its members and member applicants. Cboe Exchange, Inc.
will continue to channel fingerprints for these personnel consistent
with the 2002 Fingerprint Plan until the Plan is implemented.
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[[Page 35284]]
CBOE states that it is adopting this Plan because it is retiring
its fingerprint processing platform, which it has been using for over
twenty years, due to the availability of more modern alternatives
offered by private vendors approved by the Federal Bureau of
Investigation (``FBI'') to channel fingerprints.\5\ Therefore, as
discussed in more detail below, CBOE states that it will use an FBI-
approved private channeler (``FBI-Approved Channel Partner'') \6\ with
which it has contracted to satisfy CBOE's fingerprinting requirements
under Section 17(f)(2) of the Act with respect to its partners,
directors, officers, and employees (``Exchange Personnel'').\7\ CBOE
will also continue to maintain an arrangement with the Financial
Industry Regulatory Authority, Inc. (``FINRA'') to provide a facility
for the personnel of Exchange members and Exchange member applicants
(``Member Personnel'') to have their fingerprints submitted and
processed electronically to facilitate their continued compliance with
fingerprinting requirements under Section 17(f)(2) of the Act.\8\
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\5\ See CBOE Letter at 1.
\6\ The FBI-Approved Channel Partner is one of a limited number
of entities approved by the FBI to submit fingerprints to the FBI
and receive the results on behalf of an organization using that
information for authorized non-criminal justice purposes (e.g.,
employment suitability, licensing determinations, etc.). The FBI
reviews and approves all outsourced channeling relationships
consistent with its outsourcing standards and protocols. As outlined
in the March 6, 2006 letters from the FBI's National Crime
Prevention and Privacy Compact Council Office (``CCO Letters''), the
FBI has reviewed and conditionally granted permission to CBOE to use
a specified FBI-Approved Channel Partner contingent upon CBOE filing
a fingerprint plan with the Commission and the Commission declaring
that fingerprint plan effective. See CCO Letters, available at
<a href="https://www.cboe.com/markets/us/options/memberships">https://www.cboe.com/markets/us/options/memberships</a> (under
Fingerprint Process Information). The terms of the CCO Letters are
incorporated by reference in the Plan. See Exhibit A at 1, n.2.
\7\ See also infra Section 2.
\8\ See also infra Section 3.
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For the reasons discussed below, the Commission finds that,
pursuant to Rule 17f-2(c) of the Act, the Plan is not inconsistent with
the public interest and the protection of investors and, therefore,
declares the Plan to be effective.
1. Applicable Standard
Section 17(f)(2) of the Act provides, in pertinent part, that
``every member of a national securities exchange, broker, dealer,
registered transfer agent and registered clearing agency . . . and
national securities association shall require that each of its
partners, directors, officers, and employees be fingerprinted and shall
submit such fingerprints, or cause the same to be submitted, to the
Attorney General of the United States for identification and
appropriate processing.'' \9\ However, in accordance with Rule 17f-
2(c), the fingerprinting requirement of Section 17(f)(2) may be
satisfied by submitting appropriate and complete fingerprint cards to,
among others, a registered national securities exchange which, pursuant
to a plan filed with and declared effective by the Commission, forwards
such fingerprint cards to the Attorney General or its designee for
identification and appropriate processing.\10\ Under Rule 17f-2(c),
such a fingerprinting plan--like Cboe Exchange, Inc.'s 2002 Fingerprint
Plan and this Plan--shall not become effective unless it is declared
effective by the Commission, which requires the Commission to find that
the plan is ``not inconsistent with the public interest or the
protection of investors.'' \11\
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\9\ 15 U.S.C. 78q(f)(2). Hereinafter, ``Attorney General of the
United States'' referred to as ``Attorney General.''
\10\ 17 CFR 240.17f-2(c).
\11\ See id. The Commission may also impose any terms and
conditions relating to the provisions of the plan and the period of
its effectiveness as it may deem necessary or appropriate in the
public interest, for the protection of investors, or otherwise in
furtherance of the purposes of the Act. See id.
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CBOE states that the purpose of the Plan is to facilitate
compliance with Section 17(f)(2) of the Act by providing a program for
Exchange members, Exchange member applicants, and the Exchange to have
the fingerprints of their partners, directors, officers, and employees
processed by the Attorney General.\12\
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\12\ See Exhibit A at 1.
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2. Exchange Personnel
Under the 2002 Fingerprint Plan, Cboe Exchange, Inc. facilitates
its own, as well as securities industry participants', compliance with
fingerprinting requirements under Section 17(f)(2) of the Act by
directly channeling to the FBI fingerprints submitted by required
individuals.\13\ However, under the Plan, the Exchange will partner
with an FBI-Approved Channel Partner to process fingerprints and
identifying information from Exchange Personnel who are required to be
fingerprinted under Section 17(f)(2) of the Act.\14\ The FBI-Approved
Channel Partner will offer state-of-the-art fingerprint services to
CBOE that include collecting fingerprints at locations nationwide.\15\
The FBI-Approved Channel Partner will fingerprint Exchange Personnel or
accept fingerprints of Exchange Personnel (either in electronic or hard
copy format) and will submit such fingerprints to the Attorney General
for processing consistent with the protocols and requirements
established by the Attorney General.\16\ The FBI-Approved Channel
Partner will track the fingerprints' status and securely make both the
statuses and results available to the Exchange.\17\ CBOE will make
those results available to authorized recipients, consistent with
protocols and requirements established by the Attorney General, and
will evaluate the fingerprint results and take any appropriate
action.\18\
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\13\ See CBOE Letter at 2. Cboe Exchange, Inc. utilizes a Live-
Scan electronic system for the taking of fingerprints and can also
manually take fingerprints and receive manually taken fingerprint
cards. See id.
\14\ See Exhibit A at 1.
\15\ See Cboe Letter at 3.
\16\ See Exhibit A at 1.
\17\ See CBOE Letter at 3.
\18\ See Exhibit A at 2.
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3. Member Personnel
Under the Plan, CBOE will continue its arrangement with FINRA to
permit Member Personnel to be electronically registered with the
Exchange through FINRA's Web Central Registration Depository (``Web
CRD'') and have their fingerprints processed and submitted to the FBI
through the facilities of FINRA.\19\ Specifically, all persons who are
seeking registration with the Exchange or are currently registered with
the Exchange submit fingerprint cards or fingerprint results to FINRA,
which then forwards the fingerprints to the Attorney General.\20\ The
Attorney General identifies submitted fingerprints, retrieves relevant
criminal history information, and returns fingerprint reports to
FINRA.\21\ The status of the fingerprint submissions of Member
Personnel and the results of the processed fingerprints (including
relevant criminal history, if any) will continue to be maintained
through Web CRD.\22\
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\19\ See CBOE Letter at 3-4. The Web CRD is operated by FINRA
and is used by participating regulators in connection with
registering and licensing broker-dealers and their associated
persons. See Exhibit A at 2.
\20\ See Exhibit A at 2.
\21\ See id.
\22\ See CBOE Letter at 4.
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FINRA notifies the Exchange if the fingerprint results received by
FINRA contain information indicating that the person is subject to a
statutory disqualification.\23\ In such an instance, the Exchange
reviews the fingerprint results to determine the possible
[[Page 35285]]
existence of a statutory disqualification as defined in Section
3(a)(39) of the Act, and takes appropriate action, if necessary,
concerning eligibility or continued eligibility of the individual for
employment or association with an Exchange member.\24\ Accordingly,
CBOE will continue to review the fingerprint results to fulfill its
regulatory responsibilities, store those results in the Web CRD
systems, and make them available to other regulators that are
authorized to view the results.\25\
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\23\ See Exhibit A at 2.
\24\ See id.
\25\ See CBOE Letter at 4. CBOE states that it reviews
fingerprint results to ensure that applicants for registration have
reported appropriately information responsive to the questions on
Form U4 (the Uniform Application for Securities Industry
Registration or Transfer) relating to criminal history and to
identify whether any broker-dealer personnel required to be
fingerprinted is subject to a statutory disqualification under the
Act based upon a criminal conviction. See id. at 4, n.9.
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4. Commission's Declaration of Effectiveness of the Plan
In accordance with Rule 17f-2(c) of the Act,\26\ the Commission has
reviewed the procedures in the Plan and concludes that the Plan is not
inconsistent with the public interest and the protection of investors.
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\26\ 17 CFR 240.17f-2(c).
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CBOE states its partnership with the FBI-Approved Channel Partner
will enable it to continue to fulfill the requirement under Section
17(f)(2) of the Act to perform fingerprint-based background checks on
Exchange Personnel. CBOE also states that performing these checks will
enable the Exchange to identify persons with criminal convictions who
may pose a threat to the safety of Exchange Personnel or the security
of exchange facilities and records, and will help ensure CBOE's ability
to protect investors and market integrity.\27\ In addition, CBOE states
that it will maintain its arrangement with FINRA to provide a facility
for Member Personnel to have fingerprints submitted and processed,
enabling it to satisfy fingerprinting requirements under Section
17(f)(2)of the Act. CBOE also states that it will continue to fulfill
its critical regulatory and investor protection responsibilities,
including the identification of Member Personnel required to be
fingerprinted who may be subject to a statutory disqualification based
on a criminal conviction.\28\
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\27\ See CBOE Letter at 3.
\28\ See id. at 4.
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The Commission agrees with CBOE that these statutorily-mandated
fingerprint-based background checks by an FBI-Approved Channel Partner
under this Plan will continue to help protect investors and serve the
public interest. Based on the foregoing, the Commission finds that,
pursuant to Rule 17f-2(c) of the Act, the Plan is not inconsistent with
the public interest and the protection of investors and, therefore,
declares the Plan to be effective.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
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\29\ 17 CFR 200.30-3(a)(17)(iii).
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Sherry R. Haywood,
Assistant Secretary.
Exhibit A
Cboe Exchange, Inc.; Cboe C2 Exchange, Inc.; Cboe BZX Exchange,
Inc.; Cboe EDGX Exchange, Inc.; Cboe EDGA Exchange, Inc.; and Cboe BYX
Exchange, Inc.
Fingerprint Plan
Cboe Exchange, Inc.; Cboe C2 Exchange, Inc.; Cboe BZX Exchange,
Inc.; Cboe EDGX Exchange, Inc.; Cboe EDGA Exchange, Inc.; and Cboe BYX
Exchange, Inc. (collectively, the ``Exchange'') submit this fingerprint
plan (``Plan'') pursuant to Rule 17f-2(c) under the Securities Exchange
Act of 1934 (``Exchange Act''). This Plan supersedes and replaces Cboe
Exchange, Inc.'s current fingerprint plan, which was declared effective
by the Securities and Exchange Commission (``Commission'') on December
19, 2002 (the ``2002 Fingerprint Plan'').\1\
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\1\ See Securities Exchange Act Release No. 46467A (December 19,
2002), 67 FR 79195 (December 27, 2002) (Approval of Chicago Board
Options Exchange, Inc. Fingerprint Plan). Pursuant to the 2002
Fingerprint Plan, the Exchange channels fingerprints for, among
others, individual partners, directors, officers, and employees of
Exchange members and Exchange member applicants. The Exchange will
continue to channel fingerprints for these personnel consistent with
the 2002 Fingerprint Plan until the new fingerprinting process set
forth in the Plan is fully implemented.
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The purpose of this Plan is to facilitate compliance with Section
17(f)(2) of the Exchange Act by providing a program for Exchange
members, Exchange member applicants, and the Exchange to have the
fingerprints of their partners, directors, officers, and employees
processed by the Attorney General of the United States or its designee
(hereinafter ``Attorney General'').
1. Exchange Personnel
The Exchange is partnering with an FBI-approved private channeler
(``FBI-Approved Channel Partner'') \2\ to process fingerprints and
identifying information from Exchange personnel who are required to be
fingerprinted under Exchange Act Section 17(f)(2). The FBI-Approved
Channel Partner fingerprints such personnel or accepts fingerprints of
such personnel (either in electronic or hard copy format) and submits
such fingerprints to the Attorney General for processing consistent
with protocols and requirements established by the Attorney General.
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\2\ The FBI-Approved Channel Partner is one of a limited number
of entities approved by the FBI to submit fingerprints to the FBI
and receive the results on behalf of an organization using that
information for authorized non-criminal justice purposes (e.g.,
employment suitability, licensing determinations, etc.). The FBI
reviews and approves all outsourced channeling relationships
consistent with its outsourcing standards and protocols. As outlined
in the March 6, 2026 letters from the FBI's National Crime
Prevention and Privacy Compact Council Office (``CCO Letters''), the
FBI has reviewed and conditionally granted permission to Cboe to use
a specified FBI- Approved Channel Partner contingent upon Cboe
filing a fingerprint plan with the Commission and the Commission
declaring that fingerprint plan effective. See CCO Letters,
available at <a href="https://www.cboe.com/markets/us/options/membership">https://www.cboe.com/markets/us/options/membership</a>
(under Fingerprint Process Information) and <a href="https://www.cboe.com/markets/us/equities/membership">https://www.cboe.com/markets/us/equities/membership</a> (under Fingerprint Process
Information). The terms of the CCO Letters are incorporated by
reference in the Plan.
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The Exchange will receive results from the FBI-Approved Channel
Partner after the fingerprints have been processed by the Attorney
General and makes those results available to authorized recipients,
consistent with protocols and requirements established by the Attorney
General. The Exchange evaluates the fingerprint results and takes any
appropriate action in accordance with the terms of the Associate
Handbook.
Copies of fingerprint processing results received from the Attorney
General with respect to fingerprints submitted by the FBI-Approved
Channel Partner pursuant to this Plan are maintained by the FBI-
Approved Channel Partner.
2. Exchange Members and Exchange Member Applicants
The Exchange has established an arrangement with the Financial
Industry Regulation Authority, Inc. (``FINRA''), to permit all
individuals that must be registered with, or approved by, the Exchange
(``registered persons'') to be electronically registered with the
Exchange through FINRA's Web Central Registration Depository (``Web
CRD''). The Web CRD is a Web-based system that provides broker-dealers
and their associated person with ``one-stop filing'' with the
Commission, FINRA and other self-regulatory organizations and
regulators. The Web CRD is operated by FINRA and is used by
participating regulators in connection with registering and licensing
broker-dealers and their associated persons.
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In connection with the arrangement with FINRA, all persons who are
seeking registration with the Exchange or are currently registered with
the Exchange, submit fingerprint cards or fingerprint results to FINRA
for processing and/or submission to the Attorney General. The Attorney
General provides FINRA with fingerprint processing results for persons
seeking registration, and results are provided to the members. FINRA
notifies the Exchange if the fingerprint results received by FINRA
contain information indicating that the person is subject to a
statutory disqualification. In such an instance, the Exchange reviews
the fingerprint results to determine the possible existence of a
statutory disqualification as defined in section 3(a)(39) of the Act,
and takes appropriate action, if necessary, concerning eligibility or
continued eligibility of the individual for employment or association
with an Exchange member.
The Exchange advises its members and member applicants of any fees
charged in connection with processing of fingerprints pursuant to this
Plan. The Exchange will file any such Exchange member fees with the
Commission pursuant to section 19(b) of the Act.
Any copies of fingerprint reports received from the Attorney
General with respect to fingerprints submitted by the Exchange pursuant
to this Plan will be maintained by the Exchange in accordance with the
Exchange's record retention obligations under the Act. Any maintenance
of fingerprint records by the Exchange shall be for the Exchange's own
administrative purposes, and the Exchange is not undertaking to
maintain fingerprint records on behalf of Exchange members pursuant to
Rule 17f-2(d)(2).
The Exchange shall not be liable for losses or damages of any kind
in connection with the fingerprint services, as a result of a failure
to properly follow the procedures described above, or as a result of
lost or delayed fingerprint cards, fingerprint records, or fingerprint
processing results, or as a result of any action by the Exchange or the
Exchange's failure to take action in connection with this Plan.
[FR Doc. 2026-11570 Filed 6-9-26; 8:45 am]
BILLING CODE 8011-01-P
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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.