[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-1717] [[Page Unknown]] [Federal Register: January 27, 1994] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-33497; File No. SR-OCC-93-16] Self-Regulatory Organizations; The Options Clearing Corporation; Order Approving a Proposed Rule Change Relating to the Definition of Index Group January 21, 1994. On July 26, 1993, The Options Clearing Corporation (``OCC'') filed with the Securities and Exchange Commission (``Commission'') under section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')\1\ a proposed rule change (File No. SR-OCC-93-16) relating to the definition of ``index group.'' The Commission published notice of this proposed rule change in the Federal Register on December 17, 1993.\2\ No public comments were received. For the reasons discussed below, the Commission is approving the proposed rule change. --------------------------------------------------------------------------- \1\15 U.S.C. 78s(b)(1) (1988). \2\Securities Exchange Act Release No. 33315 (December 9, 1993), 58 FR 66046. --------------------------------------------------------------------------- I. Description The proposed rule change modifies the definition of index group in OCC's By-Laws to accommodate the development of new types of stock indexes being introduced by the exchanges.\3\ --------------------------------------------------------------------------- \3\For instance, the American Stock Exchange (``AMEX'') recently introduced, with the Commission's approval, a new method of calculating stock indexes. This new methodology, called the equal dollar weighting methodology, is designed to ensure that each of the component securities in a stock index is represented in approximately equal dollar amounts. The equal dollar weighting calculation method uses both the market price and the capitalization value of the component stocks to determine the relative representation of stocks within an index. AMEX originally proposed the equal dollar weighting methodology with the introduction of the Biotechnology Index (Securities Exchange Act Release No. 31245 (September 28, 1992), 57 FR 45844 [File No. SR-AMEX-92-1] (order approving proposal to list options on Biotechnology Index)]. In addition, the Commission recently approved a proposal that expands the use of this methodology with the introduction of the Morgan Stanley Indexes [Securities Exchange Act Release No. 32875 (September 13, 1993), 58 FR 48906 [File No. SR- AMEX-93-8] (order approving a proposal relating to the trading of options on the Morgan Stanley Cyclical and Consumer Indexes and long-term options on Reduced Value Cyclical and Consumer Indexes]. --------------------------------------------------------------------------- Article XVII, Section 1 of OCC's By-Laws currently defines the term index group as ``a group of securities whose inclusion and relative representation in group is determined by the inclusion and relative representation of their current market prices in a securities index specified by an Exchange.'' To ensure that the definition of index group encompasses all currently traded indexes as well as other types of indexes that may be developed by the exchanges in the future, the proposed rule change will omit from the current definition of index group any reference to market price as the method for determining the relative representation of a stock within an index. Instead, the term index group will be more broadly defined as ``a group of securities whose inclusion and relative representation in the group is determined by their inclusion and relative representation in a securities index specified by an Exchange.'' This change is intended to clarify that an index need not be based on a strictly proportional representation of the market prices of the index's component stocks. II. Discussion The Commission believes that OCC's proposal is consistent with the Act and in particular with Section 17A thereunder.\4\ Section 17A(b)(3)(F) provides, among other things, that the rules of a clearing agency must be designed to remove impediments to and perfect the mechanism of a national system for the prompt and accurate clearance and settlement of securities transactions.\5\ By broadly defining the term index group and thereby clarifying that present and future exchange-listed indexes will be included thereunder, the proposal helps to remove impediments to and perfect the mechanism of a national system for the prompt and accurate clearance and settlement of securities transactions. --------------------------------------------------------------------------- \4\15 U.S.C. 78q-1 (1988). \5\15 U.S.C. 78q-1(b)(3)(F) (1988). --------------------------------------------------------------------------- III. Conclusion On the basis of the foregoing, the Commission finds that the proposed rule change is consistent with the Act and in particular with Section 17A thereunder. It is therefore ordered, pursuant to section 19(b)(2) of the Act, that the proposed rule change (File No. SR-OCC-93-16) be, and hereby is, approved. For the Commission by the Division of Market Regulation, pursuant to delegated authority.\6\ --------------------------------------------------------------------------- \6\17 CFR 200.30-3(a)(12) (1993). --------------------------------------------------------------------------- Jonathan G. Katz, Secretary. [FR Doc. 94-1717 Filed 1-26-94; 8:45 am] BILLING CODE 8010-01-M