SR-FINRA-2017-007 Proposed Rule Change to Adopt Consolidated FINRA Registration Rules, Restructure the Representative-Level Qualification Examination Program and Amend the Continuing Education Requirements
Financial Industry Regulatory Authority, Inc. (“FINRA”) is filing with the Securities and Exchange Commission (“SEC” or “Commission”) a proposed rule change to adopt with amendments the NASD and Incorporated NYSE rules relating to qualification and registration requirements as FINRA rules in the Consolidated FINRA Rulebook. The proposed rule change also restructures the current representative-level qualification examinations and creates a general knowledge examination and specialized knowledge examinations. In addition, the proposed rule change amends the Continuing Education (“CE”) requirements.
MSRB Regulatory Notice 2017-06 Designation Information Regarding Mandatory Participation in Business Continuity and Disaster Recovery Testing
Regulation Systems Compliance and Integrity (Regulation SCI) was adopted by the SEC and requires the MSRB, as an SCI entity, to, among other things, require certain brokers, dealers, municipal securities dealers and municipal advisors registered with the MSRB to participate in the testing of the operation of the MSRB’s business continuity and disaster recovery plans, at least once every 12 months. To facilitate this Regulation SCI requirement, the MSRB adopted Rule A-18, on mandatory participation in business continuity and disaster recovery testing, on November 2, 2015. Under Rule A-18, the MSRB designates as Participants in the mandatory functional and performance testing of the operation of the MSRB’s BC/DR Plans those MSRB Registrants whose submissions of data to the MSRB, taken as a whole, account for a meaningful percentage of the MSRB’s data submission volume required to be provided by MSRB Registrants, measured during an established time period (the Measurement Period).
The SEC is adopting amendments that will require registrants that file registration statements and reports subject to the exhibit requirements under Item 601 of Regulation S-K, or that file Forms F-10 or 20-F, to include a hyperlink to each exhibit listed in the exhibit index of these filings. To enable the inclusion of such hyperlinks, the amendments also require that registrants submit all such filings in HyperText Markup Language (“HTML”) format. These amendments will be effective on September 1, 2017.
FINRA Regulatory Notice 17-08 SEC Approves Amendments to Require Mark-Up/Mark-Down Disclosure on Confirmations for Trades With Retail Investors in Corporate and Agency Bonds
The Securities and Exchange Commission (SEC) approved amendments to FINRA Rule 2232 (Customer Confirmations) that require member firms to disclose additional transaction-related information to retail customers for trades in certain fixed income securities. Specifically, amended Rule 2232 requires a member to disclose the amount of mark-up or mark-down it applies to trades with retail customers in corporate or agency debt securities if the member also executes an offsetting principal trade in the same security on the same trading day. The amended rule also requires members to disclose two additional items on all retail customer confirmations for corporate and agency debt security trades: (1) a reference, and a hyperlink if the confirmation is electronic, to a web page hosted by FINRA that contains publicly available trading data for the specific security that was traded, and (2) the execution time of the transaction, expressed to the second. These amendments will become effective on May 14, 2018.
As part of FINRA’s retrospective review of its rules governing communications with the public, FINRA is soliciting comment on proposed amendments to FINRA Rule 2210 (Communications with the Public). The proposed amendments would create an exception to the rule’s prohibition on projecting performance to permit a firm to distribute a customized hypothetical investment planning illustration that includes the projected performance of an asset allocation or other investment strategy, but not an individual security, subject to specified conditions.
Approval of Proposed Rule Changes to Accept Orders Routed Inbound from the International Stock Exchange, LLC, ISE Gemini, LLC, and ISE Mercury, LLC, by Nasdaq Execution Services, LLC
On December 9, 2016, NASDAQ BX, Inc. (“BX”), Nasdaq”, and NASDAQ PHLX LLC filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), and Rule 19b-4 thereunder, proposed rule changes to permit BX, Phlx, and The NASDAQ Options Market LLC (“NOM”) to accept options orders routed inbound from the International Stock Exchange, LLC (“ISE”), ISE Gemini, LLC (“ISE Gemini”), and ISE Mercury, LLC (“ISE Mercury” and, together with ISE and ISE Gemini, the “ISE Exchanges”) by Nasdaq Execution Services, LLC (“NES”), an affiliate of both the NASDAQ Exchanges and the ISE Exchanges. On December 20, 2016, each of the NASDAQ Exchanges filed an Amendment No. 1 to its respective proposed rule change. The proposed rule changes, each as modified by Amendment No. 1 thereto, were published for comment in the Federal Register on December 29, 2016.The Commission received no comments on the proposals. This order approves the proposed rule changes, as modified by their respective Amendment No. 1s.
CBOE RG17-019 Modified HOSS Opening Procedures and Special Opening Quotation and Settlement Methodology for Volatility Index Option Contracts
CBOE is reissuing this circular in connection with a change to the strategy order cut-off time being made CBOE. The strategy order cut-off time is changing from 8:15 a.m. to 8:20 a.m. (Chicago time) beginning on February 8, 2017. This change will apply to all expirations for all volatility index derivatives going forward.
CBOE RG17-017 Operational System Settings for Constituent Options of Volatility Indexes on Expiration Dates for Volatility Index Derivatives
CBOE is reissuing this circular in connection with a change being made to the Acceptable Price Range (APR) settings for classes that are used to calculate the settlement value for volatility index derivatives. Specifically, both the Opening Exchange Prescribed Width (OEPW) and the APR parameters will now be narrowed on days when CBOE option classes are used to calculate exercise settlement values for expiring Volatility Index derivatives. This measure will preclude a series in such classes from opening unless the best CBOE quote bid-ask width is at or within these settings. This change will go into effect for the Wednesday, February 8, 2017 weekly VIX derivatives expiration and will go into effect for the February 15, 2017 standard VIX and RVX derivatives expiration. This change will also apply to all expirations for volatility index derivatives going forward.
NASDAQ OMX PHLX-SR-Phlx-2016-119 Order Granting Accelerated Approval of a Proposed Rule Change to Amend the PIXL Price Improvement Auction in Phlx Rule 1080(n) and to make Pilot Program Permanent
On December 6, 2016, NASDAQ PHLX LLC (“Phlx” or “Exchange”) filed with the SEC, pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934, and Rule 19b-4, a proposed rule change to amend the eligibility requirements for its Price Improvement XL mechanism (“PIXL”or “Auction”) and make permanent those aspects of PIXL that are currently operating on a pilot basis. On December 15, 2016, the Exchange filed Amendment No. 1 to the proposed rule change, which amended and replaced the proposed rule change in its entirety. The proposed rule change, as modified by Amendment No. 1, was published for comment in the Federal Register on December 22, 2016. The Commission received no comments regarding the proposal. This order approves the proposed rule change, as modified by Amendment No. 1, on an accelerated basis
NYSEMKT Proposal to amend Rule 900.3NY and eliminatel Section 910-AEMI of the AEMI Rules, and Sections 910 and 910–AEMI of the NYSE MKT Company Guide.
Pursuant to the provisions of Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4, NYSE MKT LLC proposes to (1) amend Rule 900.3NY to eliminate Price Improving Orders and Quotes, amend Rule 961NY to eliminate the electronic and open outcry bidding and offering requirements associated with a Price Improving Order or Quote, and make a conforming change to Rule 935NY, and (2) eliminate Section 910– AEMI of the AEMI Rules, and Sections 910 and 910–AEMI of the NYSE MKT Company Guide.
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