[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Rules and Regulations]
[Pages 32963-32966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10442]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 249

[Release No. 34-97478]


Technical Amendments to Form BD and Form BDW

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; technical amendments.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is 
making technical amendments to Form BD and Form BDW, the uniform 
broker-dealer registration form and the uniform request for withdrawal 
from broker-dealer registration, respectively. The technical amendments 
will update the current list of self-regulatory organizations 
(``SROs'') and government jurisdictions listed on Form BD and Form BDW, 
and make conforming changes to the definition of ``jurisdiction'' in 
the forms.

DATES: Effective Date: May 23, 2023.

FOR FURTHER INFORMATION CONTACT: Emily Westerberg Russell, Chief 
Counsel, Joanne Rutkowski, Assistant Chief Counsel, Denise Landers, 
Senior Special Counsel, or Bonnie Gauch, Senior Special Counsel, at 
(202) 551-5550, Office of the Chief Counsel, Division of Trading and 
Markets, Securities and Exchange Commission, 100 F Street NE, 
Washington, DC 20549.

SUPPLEMENTARY INFORMATION: Form BD requires an applicant, or 
registrant, to indicate the SRO and governmental jurisdiction with 
which it is registering or registered. For a ``partial withdrawal,'' 
\1\ Form BDW requires the applicant to specify the SRO and governmental 
jurisdiction from which it is withdrawing.\2\ The Commission is making 
technical amendments to Item 2 of Form BD and Item 3 of Form BDW to 
update the list of governmental jurisdictions to include Guam, and to 
update the list of SROs to reflect the registrations of new national 
securities exchanges or the business combinations and resulting name 
changes of existing SROs since the last update of Form BD and Form BDW. 
More specifically, we are updating the list of SROs to reflect these 
changes to: BOX Exchange LLC (BOX),\3\ Cboe Exchange, Inc. (CBOE),\4\ 
Cboe BYX Exchange, Inc. (Cboe BYX),\5\ Cboe BZX Exchange, Inc. (Cboe 
BZX),\6\ Cboe C2 Exchange, Inc. (C2),\7\ Cboe EDGA Exchange, Inc. (Cboe 
EDGA),\8\ Cboe EDGX Exchange, Inc. (Cboe EDGX),\9\ Investors Exchange 
LLC (IEX),\10\ Long-Term Stock Exchange, Inc. (LTSE),\11\ Nasdaq BX, 
Inc. (BX),\12\ Nasdaq GEMX, LLC (GEMX),\13\ Nasdaq

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ISE, LLC (ISE),\14\ Nasdaq MRX, LLC (MRX),\15\ Nasdaq PHLX LLC 
(PHLX),\16\ The Nasdaq Stock Market LLC (NASDAQ),\17\ NYSE American LLC 
(NYSE AMER),\18\ NYSE Chicago, Inc. (NYSE CHX),\19\ NYSE National, Inc. 
(NYSE NAT),\20\ Miami International Securities Exchange, LLC 
(MIAX),\21\ MIAX EMERALD, LLC (EMERALD),\22\ MIAX PEARL, LLC 
(PEARL),\23\ and MEMX LLC (MEMX).\24\
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    \1\ A ``full withdrawal'' terminates registration with the 
Commission, all SROs, and all jurisdictions. However, a ``partial 
withdrawal'' terminates registration with specific jurisdictions and 
SROs, but does not terminate registration with the Commission and at 
least one SRO and jurisdiction.
    \2\ Section 15(b) of the Securities Exchange Act of 1934 
(``Exchange Act'') provides that broker-dealers can register and 
withdraw from registration under procedures developed by the 
Commission. Exchange Act Rule 15b1-1 requires that an application 
for registration of a broker or dealer that is filed pursuant to 
Section 15(b) of the Exchange Act be filed on Form BD in accordance 
with the instructions on the form. Exchange Act Rule 15b6-1 requires 
that a notice of withdrawal from registration as a broker or dealer 
filed pursuant to Section 15(b) of the Exchange Act be filed on Form 
BDW in accordance with the instructions on the form. See 15 U.S.C. 
78o; 17 CFR 240.15b1-1 and 15b6-1. See also, Form BD and Form BDW 17 
CFR 249.501 and 501a.
    \3\ Exchange Act Release No. 83941 (Aug. 24, 2018), 83 FR 44320 
(Aug. 30, 2018) (concerning name change from BOX Options Exchange 
LLC to BOX Exchange LLC); Exchange Act Release No. 66871 (Apr. 27, 
2012), 77 FR 26323 (May 3, 2012) (approving BOX Options Exchange LLC 
application for registration as a national securities exchange).
    \4\ Exchange Act Release No. 81981 (Oct. 30, 2017), 82 FR 51309 
(Nov. 3, 2017) (concerning name change from Chicago Board Options 
Exchange, Incorporated to Cboe Exchange, Inc.).
    \5\ Exchange Act Release No. 81952 (Oct. 26, 2017), 82 FR 50725 
(Nov. 1, 2017) (concerning name change from Bats BYX Exchange, Inc. 
to Cboe BYX Exchange, Inc.); Exchange Act Release No. 79585 (Dec. 
16, 2016), 81 FR 93988 (Dec. 22, 2016) (approving proposed rule 
change in connection with a corporate transaction involving Bats 
Global Markets, Inc. and CBOE Holdings, Inc.); Exchange Act Release 
No. 77308 (Mar. 7, 2016), 81 FR 12975 (Mar. 11, 2016) (concerning 
name change from BATS Y-Exchange, Inc. to Bats BYX Exchange, Inc.); 
Exchange Act Release No. 62716 (Aug. 13, 2010), 75 FR 51295 (Aug. 
19, 2010) (approving BATS Y-Exchange, Inc. application for 
registration as a national securities exchange).
    \6\ Exchange Act Release No. 81962 (Oct. 26, 2017), 82 FR 50711 
(Nov. 1, 2017) (concerning name change from Bats BZX Exchange, Inc. 
to Cboe BZX Exchange, Inc.); Exchange Act Release No. 79585 (Dec. 
16, 2016), 81 FR 93988 (Dec. 22, 2016) (approving proposed rule 
change in connection with a corporate transaction involving Bats 
Global Markets, Inc. and CBOE Holdings, Inc.); Exchange Act Release 
No. 77307 (Mar. 7, 2016), 81 FR 12996 (Mar. 11, 2016) (concerning 
name change from BATS Exchange, Inc. to Bats BZX Exchange, Inc.); 
Exchange Act Release No. 58375 (Aug. 18, 2008), 73 FR 49498 (Aug. 
21, 2008) (approving BATS Exchange, Inc. application for 
registration as a national securities exchange).
    \7\ Exchange Act Release No. 81979 (Oct. 30, 2017), 82 FR 51317 
(Nov. 3, 2017) (concerning name change from C2 Options Exchange, 
Incorporated to Cboe C2 Exchange, Inc.); Exchange Act Release No. 
61152 (Dec. 10, 2009), 74 FR 66699 (Dec. 16, 2009) (approving C2 
Options Exchange, Incorporated application for registration as a 
national securities exchange).
    \8\ Exchange Act Release No. 81957 (Oct. 26, 2017), 82 FR 50716 
(Nov. 1, 2017) (concerning name change from Bats EDGA Exchange, Inc. 
to Cboe EDGA Exchange, Inc.); Exchange Act Release No. 79585 (Dec. 
16, 2016), 81 FR 93988 (Dec. 22, 2016) (approving proposed rule 
change in connection with a corporate transaction involving Bats 
Global Markets, Inc. and CBOE Holdings, Inc.); Exchange Act Release 
No. 77299 (Mar. 4, 2016), 81 FR 12759 (Mar. 10, 2016) (concerning 
name change from EDGA Exchange, Inc. to Bats EDGA Exchange, Inc.); 
Exchange Act Release No. 61698 (Mar. 12, 2010), 75 FR 13151 (Mar. 
18, 2010) (approving EDGX Exchange, Inc. and EDGA Exchange, Inc. 
applications for registration as national securities exchanges).
    \9\ Exchange Act Release No. 81963 (Oct. 26, 2017), 82 FR 50697 
(Nov. 1, 2017) (concerning name change from Bats EDGX Exchange, Inc. 
to Cboe EDGX Exchange, Inc.); Exchange Act Release No. 79585 (Dec. 
16, 2016), 81 FR 93988 (Dec. 22, 2016) (approving proposed rule 
change in connection with a corporate transaction involving Bats 
Global Markets, Inc. and CBOE Holdings, Inc.); Exchange Act Release 
No. 77298 (Mar. 4, 2016), 81 FR 12757 (Mar. 10, 2016) (concerning 
name change from EDGX Exchange, Inc. to Bats EDGX Exchange, Inc.); 
Exchange Act Release No. 61698 (Mar. 12, 2010), 75 FR 13151 (Mar. 
18, 2010) (approving EDGX Exchange, Inc. and EDGA Exchange, Inc. 
applications for registration as national securities exchanges).
    \10\ Exchange Act Release No. 78101 (June 17, 2016), 81 FR 41141 
(June 23, 2016) (approving Investors Exchange LLC registration as a 
national securities exchange).
    \11\ Exchange Act Release No. 85828 (May 10, 2019), 84 FR 21841 
(May 15, 2019) (approving Long-Term Stock Exchange, Inc. 
registration as a national securities exchange).
    \12\ Exchange Act Release No. 81948 (Oct. 25, 2017), 82 FR 50468 
(Oct. 31, 2017) (concerning name change from NASDAQ BX, Inc. to 
Nasdaq BX, Inc.); Exchange Act Release No. 76656 (Dec. 15, 2015), 80 
FR 79381 (Dec. 21, 2015) (concerning name change from NASDAQ OMX BX, 
Inc. to NASDAQ BX, Inc.); Exchange Act Release No. 60358 (July 21, 
2009), 74 FR 37277 (July 28, 2009) (concerning name change from the 
Boston Stock Exchange, Inc. to NASDAQ OMX BX, Inc.); Exchange Act 
Release No. 58324 (Aug. 7, 2008), 73 FR 46936 (Aug. 12, 2008) 
(approving proposed rule change in connection with the acquisition 
of the Boston Stock Exchange, Inc. by The NASDAQ OMX Group, Inc.).
    \13\ Exchange Act Release No. 80248 (Mar. 15, 2017), 82 FR 14547 
(Mar. 21, 2017) (concerning name change from ISE Gemini, LLC to 
Nasdaq GEMX, LLC); Exchange Act Release No. 71586 (Feb. 20, 2014), 
79 FR 10861 (Feb. 26, 2014) (concerning name change from Topaz 
Exchange, LLC to ISE Gemini, LLC); Exchange Act Release No. 70050 
(July 26, 2013), 78 FR 46622 (Aug. 1, 2013) (approving Topaz 
Exchange, LLC application for registration as a national securities 
exchange).
    \14\ Exchange Act Release No. 80325 (Mar. 29, 2017), 82 FR 16445 
(Apr. 4, 2017) (concerning name change from International Securities 
Exchange, LLC to Nasdaq ISE, LLC).
    \15\ Exchange Act Release No. 80326 (Mar. 29, 2017), 82 FR 16460 
(Apr. 4, 2017) (concerning name change from ISE Mercury, LLC to 
Nasdaq MRX, LLC); Exchange Act Release No. 76998 (Jan. 29, 2016), 81 
FR 6066 (Feb. 4, 2016) (approving ISE Mercury, LLC application for 
registration as a national securities exchange).
    \16\ Exchange Act Release No. 81938 (Oct. 24, 2017), 82 FR 50185 
(Oct. 30, 2017) (concerning name change from NASDAQ PHLX LLC to 
Nasdaq PHLX LLC); Exchange Act Release No. 76654 (Dec. 15, 2015), 80 
FR 79396 (Dec. 21, 2015) (concerning name change from NASDAQ OMX 
PHLX LLC to NASDAQ PHLX LLC); Exchange Act Release No. 62783 (Aug. 
27, 2010), 75 FR 54204 (Sept. 3, 2010) (concerning the conversion of 
NASDAQ OMX PHLX, Inc. to a limited liability company); Exchange Act 
Release No. 58380 (Aug. 18, 2008), 73 FR 49728 (Aug. 22, 2008) 
(concerning name change from the Philadelphia Stock Exchange, Inc. 
to NASDAQ OMX PHLX, Inc.); Exchange Act Release No. 58179 (July 17, 
2008), 73 FR 42874 (July 23, 2008) (approving proposed rule change 
in connection with the acquisition of the Philadelphia Stock 
Exchange, Inc. by The NASDAQ OMX Group, Inc.).
    \17\ Exchange Act Release No. 81917 (Oct. 23, 2017), 82 FR 49879 
(Oct. 27, 2017) (concerning name change from The NASDAQ Stock Market 
LLC to The Nasdaq Stock Market LLC).
    \18\ Exchange Act Release No. 80283 (Mar. 21, 2017), 82 FR 15244 
(Mar. 27, 2017) (concerning name change from NYSE MKT LLC to NYSE 
American LLC); Exchange Act Release No. 67037 (May 21, 2012), 77 FR 
31415 (May 25, 2012) (concerning name change from NYSE Amex LLC to 
NYSE MKT LLC); Exchange Act Release No. 59575 (Mar. 13, 2009), 74 FR 
11803 (Mar. 19, 2009) (concerning name change from NYSE Alternext US 
LLC to NYSE Amex LLC); Exchange Act Release No. 58673 (Sept. 29, 
2008), 73 FR 57707 (Oct. 3, 2008) (approving proposed rule change in 
connection with the acquisition of American Stock Exchange LLC by 
NYSE Euronext and renaming as NYSE Alternext US LLC).
    \19\ Exchange Act Release No. 84494 (Oct. 26, 2018), 83 FR 54953 
(Nov. 1, 2018) (concerning name change from the Chicago Stock 
Exchange, Inc. to NYSE Chicago, Inc.); Exchange Act Release No. 
83635 (July 13, 2018), 83 FR 34182 (July 19, 2018) (approving 
proposed rule change in connection with the indirect acquisition of 
the Chicago Stock Exchange, Inc. by NYSE Group, Inc.).
    \20\ Exchange Act Release No. 79902 (Jan. 30, 2017), 82 FR 9258 
(Feb. 3, 2017) (approving proposed rule change in connection with 
National Stock Exchange, Inc.'s acquisition by NYSE Group, Inc. and 
renaming as NYSE National, Inc.).
    \21\ Exchange Act Release No. Release No. 68341 (Dec. 3, 2012), 
77 FR 73065 (Dec. 7, 2012) (approving Miami International Securities 
Exchange, LLC application for registration as a national securities 
exchange).
    \22\ Exchange Act Release No. 84891 (Dec. 20, 2018), 83 FR 67421 
(Dec. 28, 2018) (approving MIAX EMERALD, LLC application for 
registration as a national securities exchange).
    \23\ Exchange Act Release No. 79543 (Dec. 13, 2016), 81 FR 92901 
(Dec. 20, 2016); (approving MIAX PEARL, LLC application for 
registration as a national securities exchange).
    \24\ Exchange Act Release No. 88806 (May 4, 2020), 85 FR 27451 
(May 8, 2020) (approving MEMX LLC application for registration as a 
national securities exchange).
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    In addition, we are making conforming changes to the definition of 
``jurisdiction'' to include Guam, a United States territory. 
``Jurisdiction'' will be defined as: ``A state, the District of 
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, 
Guam, or any subdivision or regulatory body thereof.''

List of Subjects in 17 CFR Part 249

    Broker-dealers, reporting and recordkeeping requirements, 
Securities.

Statutory Authority

    We are adopting the technical amendments to Forms BD and BDW under 
the authority set forth in the Exchange Act and, in particular, 
Sections 15(a), 15(b), 17(a), and 23(a) therein.\25\
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    \25\ 15 U.S.C. 78o(a), 78o(b), 78q(a), and 78w(a).
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Text of Amendments

    For the reasons set out in the preamble, 17 CFR part 249 is amended 
as follows:

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
1. The general authority citation for part 249 continues to read as 
follows:

    Authority: 15 U.S.C. 78a et seq. and 7201 et seq.; 12 U.S.C. 
5461 et seq.; 18 U.S.C. 1350; Sec. 953(b) Pub. L. 111-203, 124 Stat. 
1904; Sec. 102(a)(3) Pub. L. 112-106, 126 Stat. 309 (2012), Sec. 107 
Pub. L. 112-106, 126 Stat. 313 (2012), Sec. 72001 Pub. L. 114-94, 
129 Stat. 1312 (2015), and secs. 2 and 3 Pub. L. 116-222, 134 Stat. 
1063 (2020), unless otherwise noted.
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0
2. Form BD (referenced in Sec.  249.501) is amended by:
0
a. In the Explanation of Terms, 1. General section, removing the words 
``JURISDICTION--A state, the District of Columbia, the Commonwealth of 
Puerto Rico, the U.S. Virgin Islands, or any subdivision or regulatory 
body thereof.'' and add, in their place, the words ``JURISDICTION--A 
state, the District of Columbia, the Commonwealth of Puerto Rico, the 
U.S. Virgin Islands, Guam, or any subdivision or regulatory body 
thereof.''; and
0
b. In Item 2, revising the SRO and Jurisdiction tables.
    The revisions read as follows:

    Note: The text of Form BD does not, and the amendments will not, 
appear in the Code of Federal Regulations.

Form BD

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    2. * * *

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[GRAPHIC] [TIFF OMITTED] TR23MY23.019

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0
3. Form BDW (referenced in Sec.  249.501a) is amended by:
0
a. In the Explanation of Terms section, removing the words ``The term 
JURISDICTION means a state, the District of Columbia, the Commonwealth 
of Puerto Rico, the U.S. Virgin Islands, or any subdivision or 
regulatory body thereof.'' and adding, in their place, the words ``The 
term JURISDICTION means a state, the District of Columbia, the 
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, or any 
subdivision or regulatory body thereof.''; and
0
b. In Item 3, revising the SRO and Jurisdiction tables.
    The revisions read as follows:

    Note: The text of Form BDW does not, and the amendments will 
not, appear in the Code of Federal Regulations.

Form BDW

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    3. * * *

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[GRAPHIC] [TIFF OMITTED] TR23MY23.020

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    Dated: May 11, 2023.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-10442 Filed 5-22-23; 8:45 am]
BILLING CODE 8011-01-P