[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Notices]
[Pages 63935-63937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26915]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-84753; File No. SR-BX-2018-061]
Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Defined Terms ``In-the-Money'' and ``Out-of-the-Money'' in BX Options
Rules at Chapter I, Section 1
December 7, 2018.
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 December 4, 2018, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III, below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend BX Options Rules at Chapter I,
Section 1, specifically the defined terms ``in the money'' and ``out-
of-the-money'' at BX Options Rules at Chapter I, Sections 1(a)(68) and
(69), respectively.
The text of the proposed rule change is available on the Exchange's
website at http://nasdaqbx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.
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 Exchange 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 Exchange 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
BX rules define an ``in-the-money'' option series at Chapter I,
Section 1(a)(68). Currently the term ``in-the-money'' means, for call
options, all strike prices below the offer in the underlying security
on the primary listing market; for put options, all strike prices above
the bid in the underlying security on the primary listing market. BX
rules define an ``out-of-the-money'' option series at Chapter I,
Section 1(a)(69). Currently, the term ``out-of-the-money'' shall mean
the following: For call options, all strike prices above the offer in
the underlying security on the primary listing market; for put options,
all strike prices below the bid in the underlying security on the
primary
[[Page 63936]]
listing market. The Exchange proposes to amend these defined terms as
specified below.
In-the-Money
At this time, the Exchange proposes to amend the defined term ``in-
the-money'' to include an ``at-the-money'' option. The term ``in-the-
money'' would be defined with this amendment to mean, for call options,
all strike prices at or below the offer in the underlying security on
the primary listing market; for put options, all strike prices at or
above the bid in the underlying security on the primary listing market.
The Exchange believes that amending the term ``in-the-money'' to
include options that are ``at-the-money'' will bring greater
transparency to the manner in which the Exchange handles ``at-the-
money'' options.\3\
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\3\ The Exchange notes that the inclusion of the term ``at-the-
money'' within the defined term ``in-the-money'' represents the
Exchange's current practice.
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In-the-Money and Out-of-the-Money
The Exchange proposes to limit the defined terms ``in-the-money''
and ``out-of-the-money'' option series for purposes of Market Maker
quoting obligations in Chapter VII, Section 6. The Exchange notes that
it specifically proposes to reference the rules related to Market Maker
quoting obligations to avoid any confusion with the manner in which
``in-the-money'' and ``out-of-the-money'' options series are defined
for purposes of other options rules. This limitation represents current
practice. The Exchange also notes that it is conforming this term
across its Nasdaq affiliated markets.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\4\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\5\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
The Exchange's proposal to amend the defined term ``in-the-money'' to
include options that are ``at-the-money'' will bring greater
transparency to the current manner in which the Exchange handles ``at-
the-money'' options.
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\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
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The Exchange's proposal to note that the defined terms ``in-the-
money'' and ``out-of-the-money'' would apply for purposes of Market
Maker quoting obligations in Chapter VII, Section 6 would avoid any
confusion with the manner in which ``in-the-money'' and ``out-of-the-
money'' options series are defined for purposes of other options rules.
The limitation of the defined terms for purposes of Market Maker
quoting obligations in Chapter VII, Section 6 will bring transparency
to the current use of the defined terms.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange's proposal to
amend the defined term ``in-the-money'' to include options that are
``at-the-money'' and add limitations to the use of the defined terms
``in-the-money'' and ``out-of-the-money'' for purposes of Market Maker
quoting obligations in Chapter VII, Section 6 do not unduly burden
competition, rather these amendments add greater transparency to the
Rulebook and makes clear the applicability of the definitions to avoid
confusion with respect to the remainder of the options rules.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \6\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\7\
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\6\ 15 U.S.C. 78s(b)(3)(A)(iii).
\7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
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. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-BX-2018-061 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-BX-2018-061. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-BX-2018-061 and should
[[Page 63937]]
be submitted on or before January 2, 2019.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26915 Filed 12-11-18; 8:45 am]
BILLING CODE 8011-01-P