[Federal Register Volume 64, Number 94 (Monday, May 17, 1999)] [Notices] [Pages 26808-26809] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-12355] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-41389; File No. SR-CBOE-99-18] Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the Chicago Board Options Exchange, Incorporated, To Terminate its Lease Deposit Fee Program May 11, 1999. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on April 26, 1999, the Chicago Board Options Exchange, Incorporated (``CBOE'' or ``Exchange''), filed with the Securities and Exchange Commission (``Commission'' or ``SEC'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the CBOE. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The CBOE proposes to terminate its $500 lease deposit fee requirement. The requirement is currently set forth in CBOE's Membership Fee Circular and would be deleted from that Circular under this proposal. 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 CBOE 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 CBOE 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 purpose of the proposed rule change is to terminate CBOE's lease deposit fee program. Under this program, every CBOE member that is a lessee of a CBOE membership, a member organization nominee on a leased CBOE membership, or a Chicago Board of Trade (``CBOT'') Exerciser member of CBOE who is leasing a CBOT membership (a CBOT delegate) is required to submit a $500 lease deposit fee to the Exchange. The Exchange uses this lease deposit fee to satisfy any debts owed by the member to the Exchange upon the member's termination from membership. Upon the completion of the membership termination process, the Exchange returns to the lessee, nominee, or delegate, without interest, any portion of the lease deposit fee remaining after payment of any Exchange debts owed by the lessee, nominee, or delegate. The original purpose of the lease deposit fee program was to provide the Exchange with a source of collateral in the event a lessee, nominee, or delegate owed money to the Exchange. The Exchange is now proposing to eliminate the program because the costs of administering the program have been exceeding the benefits derived from the program. Additionally, the Exchange has other means of collecting monies owed to the Exchange by members, including lessees, nominees, and delegates. These include CBOE's Integrated Billing System under CBOE Rule 3.23 pursuant to which a member's Exchange fees are drafted by the Exchange against a CBOE Clearing Member designated by the member, the requirement under CBOE Rule 3.8(a)(2) that a member organization guarantee its nominees' obligations to the Exchange, and the authority of the Chairman of the Exchange's Executive Committee to suspend a current member (or bar a former member) until payment of past due amounts owed to the Exchange is made. 2. Statutory Basis The CBOE believes the proposed rule change is consistent with Section 6(b) of the Act,\3\ in general, furthers the objectives of Section 6(b)(4) of the Act,\4\ in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among CBOE members. --------------------------------------------------------------------------- \3\ 15 U.S.C. 78f. \4\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The CBOE does not believe that the proposed rule change will impose any burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule change establishes or changes a due, fee, or other charge imposed by the Exchange, it has become effective pursuant to Section 19(b)(3)(A) of the Act\5\ and subparagraph (f) of Rule 19b-4 thereunder.\6\ At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate such rule change if it appears to the Commission that such action is necessary or appropriate in the protection of investors, or otherwise in furtherance of the Act. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78s(b)(3)(A). \6\ 17 CFR 240.19b-4(f)(2). --------------------------------------------------------------------------- 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.\7\ Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, N.W., Washington, D.C. 20549-0609. 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 inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of the CBOE. All submissions should refer to File No. SR-CBOE-99-18 and should be submitted by June 7, 1999. \7\ In reviewing the proposed rule change, the Commission considered its potential impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). --------------------------------------------------------------------------- [[Page 26809]] For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\8\ --------------------------------------------------------------------------- \8\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 99-12355 Filed 5-14-99; 8:45 am] BILLING CODE 8010-01-M