[Federal Register Volume 67, Number 85 (Thursday, May 2, 2002)]
[Notices]
[Page 22144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10867]



[[Page 22144]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-45838; File No. SR-NYSE-2001-40]


Self-Regulatory Organizations; New York Stock Exchange, Inc.; 
Order Granting Approval to Proposed Rule Change and Amendment No. 1 and 
Amendment No. 2 Thereto, Regarding Method of Delivery of Annual Reports 
and Proxy Materials

April 26, 2002.
    On October 11, 2001, the New York Stock Exchange, Inc. (``NYSE'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'')\1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to specify that annual reports and proxy materials 
should be distributed in such format and by such methods as are 
permitted or required by applicable law and regulations (including any 
interpretations thereof by the Commission). On January 15, 2002,\3\ and 
March 5, 2002,\4\ the Exchange amended the proposal to make technical 
changes to its rule text.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See letter to Nancy Sanow, Assistant Director, Division of 
Market Regulation (``Division''), Commission, from Darla C. Stuckey, 
Corporate Secretary, NYSE, dated January 11, 2002 (``Amendment No. 
1'').
    \4\ See letter to Nancy Sanow, Assistant Director, Division, 
Commission, from Darla C. Stuckey, Corporate Secretary, NYSE, dated 
March 4, 2002 (``Amendment No. 2'').
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    The proposed rule change, as amended, was published for comment in 
the Federal Register on March 27, 2002.\5\ The Commission received no 
comments on the proposal.
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    \5\ See Securities Exchange Act Release No. 45602 (March 20, 
2002), 67 FR 14756.
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    The Commission finds that the proposed rule change, as amended, is 
consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a national securities exchange \6\ 
and, in particular, the requirements of Section 6 of the Act \7\ and 
the rules and regulations thereunder. The Commission finds specifically 
that the proposed rule change is consistent with Section 6(b)(5) of the 
Act \8\ because it requires the Exchange's members to distribute annual 
reports and proxy materials in a manner that is consistent with federal 
securities laws. The Commission believes such consistency should foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general, protect investors and the public interest.
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    \6\ In approving this proposed rule change, the Commission notes 
that it has considered the proposed rule's impact on efficiency, 
competition, and capital formation. 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(5).
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    IT IS THEREFORE ORDERED, pursuant to Section 19(b)(2) of the 
Act,\9\ that the proposed rule change (SR-NYSE-2001-40), as amended, 
be, and hereby is, approved.
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    \9\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 02-10867 Filed 5-1-02; 8:45 am]
BILLING CODE 8010-01-P