[Federal Register Volume 59, Number 212 (Thursday, November 3, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-27230] [[Page Unknown]] [Federal Register: November 3, 1994] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-34909; File No. SR-PHLX-94-35] Self-Regulatory Organizations; Order Approving Proposed Rule Change by the Philadelphia Stock Exchange, Inc., Relating to the Storage of Option Customer Account Information for Supervisory Purposes October 27, 1994. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ on July 5, 1994, the Philadelphia Stock Exchange, Inc. (``PHLX'' or ``Exchange'') submitted to the Securities and Exchange Commission (``SEC'' or ``Commission'') a proposal to amend paragraph (d), ``Maintenance of Customer Account Records,'' of PHLX Rule 1025, ``Supervision of Accounts,'' to allow member organizations to maintain customer information and account statements off-site, rather than at the principal supervisory office, as long as the records are readily accessible and promptly retrievable.\3\ --------------------------------------------------------------------------- \1\15 U.S.C. 78s(b)(1) (1988). \2\17 CFR 240.19b-4 (1993). \3\On October 27, 1994, the PHLX submitted a letter indicating that ``readily accessible and promptly retrievable'' generally means that the records will be available on the business day following the request. See Letter from Gerald D. O'Connell, First Vice President, Market Regulation and Trading Operations, PHLX, to Michael Walinskas, Branch Chief, Options Branch, Division of Market Regulation, Commission, dated October 26, 1994 (``October 26 Letter''). --------------------------------------------------------------------------- The proposal was published for comment in the Federal Register in Securities Exchange Act Release No. 34561 (September 12, 1994), 59 FR 47660 (September 16, 1994).\4\ No comments were received on the proposal. --------------------------------------------------------------------------- \4\On August 26, 1994, the PHLX submitted Amendment No. 1 to the proposal to clarify that the purpose of the proposal is to allow members to maintain required customer information and account statements off-site, rather than at the member's principal supervisory office, as long as the records are readily accessible and promptly retrievable. --------------------------------------------------------------------------- Currently, PHLX Rule 1025(d) requires member organizations to maintain at the branch office servicing the customer's account and at the principal supervisory office background and financial information of customers who have been approved for options transactions. In addition, Commentary .03 to PHLX Rule 1025 requires member organizations to maintain, at the principal supervisory office with jurisdiction over the office servicing the customer's account, information to permit review of each customer's options account to determine the compatibility of options transactions with investment objectives, the size and frequency of options transactions, commission activity in the account, profit or loss in the account, undue concentration in any options class or classes, and compliance with the provisions of Regulation T of the Federal Reserve Board. The PHLX proposes to amend PHLX Rule 1025(d) and Commentary .03 to allow member organizations to maintain the required customer information and account statements off-site, rather than at the principal supervisory office, as long as the records are readily accessible and promptly retrievable. However, branch offices must continue to maintain customer account information on site. The PHLX states that the increasing use of computers, fax machines, optical disk and other technology, coupled with the expense of storing records on-site, have resulted in more member organizations storing records away from their principal supervisory offices.\5\ In view of technological advances, the Exchange believes that it is appropriate to permit the off-site storage of customer records previously required to be maintained at a principal supervisory office. The Exchange also believes that offsite storage should not compromise the supervisory obligations of member/participant organizations because, under the proposal, the customer information necessary to fulfill those responsibilities must be easily accessible and promptly retrievable. --------------------------------------------------------------------------- \5\In June 1993, the Division of Market Regulation (``Division'') issued a no-action letter permitting broker-dealers to maintain certain records required by Rules 17a-3 and 17a-4 under the Act on optical disk technology, under certain conditions. See Letter from Michael A. Macchiaroli, Associate Director, Division, Commission, to Michael D. Udoff, Chairman, Ad Hoc Record Retention Committee, Securities Industry Association, dated June 18, 1993. --------------------------------------------------------------------------- Accordingly, the Exchange believes that the proposed rule change is consistent with Section 6 of the Act, in general, and, in particular with Section 6(b)(5), in that it is designed to prevent fraudulent and manipulative acts and practices, as well as to protect investors and the public interest. The Commission believes that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange, and, in particular, the requirements of Section 6(b)(5) in that it is designed to prevent fraudulent and manipulative acts and practices, to facilitate transactions in securities, and to protect investors and the public interest.\6\ --------------------------------------------------------------------------- \6\15 U.S.C. 78f(b)(5) (1988). --------------------------------------------------------------------------- Specifically, by allowing off-site storage of customer account information maintained at supervisory offices, the commission believes that the proposal should provide the PHLX's members with a cost- effective means to utilize computers, facsimile machines, optical disks, and other technology to store the required customer account information off-site while ensuring that member firms will continue to have easy access to all of the customer account information necessary to discharge their supervisory responsibilities. In this regard, the proposal provides that options customer account information stored off- site must be ``readily accessible and promptly retrievable,''\7\ thereby preserving the Exchange's ability to access and investigate customer account records. Thus, the Commission believes that the proposal strikes a reasonable balance between the PHLX's interest in allowing member organizations to reduce the cost of storing customer account information and ensuring that the information continues to be available for supervisory purposes. --------------------------------------------------------------------------- \7\See October 26 Letter, supra note 3. --------------------------------------------------------------------------- In addition, the Commission believes that it is reasonable for the PHLX to allow off-site storage of customer account information maintained at supervisory offices, but not of account information stored at branch offices, because branch offices are responsible for the day-to-day administration of customer accounts and require immediate access to account information. For example by continuing to require branch offices to store customer account information on-site, the proposal facilitates broker compliance with the suitability requirements applicable to options customers. It is Therefore Ordered, pursuant to Section 19(b)(2) of the Act,\8\ that the proposed rule change (File No. SR-PHLX-94-35) is approved. --------------------------------------------------------------------------- \8\15 U.S.C. 78s(b)(2) (1982). For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\9\ --------------------------------------------------------------------------- \9\17 CFR 200.30-3(a)(12) (1993). --------------------------------------------------------------------------- Jonathan G. Katz, Secretary. [FR Doc. 94-27230 Filed 11-2-94; 8:45 am] BILLING CODE 8010-01-M