[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)] [Notices] [Pages 359-361] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-79] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-36631; File No. SR-CSE-95-08] Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the Cincinnati Stock Exchange, Inc. Relating to Exchange Rule 11.10, National Securities Trading System Fees December 21, 1995. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ notice is hereby given that on November 16, 1995 the Cincinnati Stock [[Page 360]] Exchange, Inc. (``CSE'' 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 self-regulatory organization. On December 1, 1995, the Exchange submitted Amendment No. 1 text to the proposed rule change.\2\ On December 20, 1995, the Exchange submitted Amendment No. 2 to the proposed rule change.\3\ 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\ See Letter from Robert Ackermann, Vice President Regulatory Services, CSE, to Glen Barrentine, Team Leader, Division of Market Regulation, SEC, dated December 1, 1995. In Amendment No. 1, the Exchange clarified that Designated Dealer (``DD'') transactions resulting from trades assigned to the DD acting as ``Dealer of the Day'' are charged at the rate of $0.005 per share. \3\ See Letter from Robert Ackermann, Vice President Regulatory Services, CSE, to Glen Barrentine, Team Leader, Division of Market Regulation, SEC, dated December 20, 1995. In Amendment No. 2, the Exchange submitted revised text to proposed CSE Rule 11.10 G(1). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange hereby amends Rule 11.10 regarding fees imposed by the Exchange. The text of the proposed rule change is as follows [new text is italicized; deleted text is bracketed]: Rule 11.10 National Securities Trading System Fees A. Agency Transactions. Except for Preferenced transactions, members acting as an agent will be charged $0.0025 per share ($0.25/100 shares) for public agency transactions. [except that there will be no transaction fee charge for public agency limit orders executed from the CSE limit order book.] B. through F. No. Change. G. Proprietary (principal) Transactions. 1. All Designated Dealers, except those acting as Preferencing Dealers or Contributing Dealers, will be charged $0.005 per share ($0.50/100 shares) [$.0075 per share ($0.75/100 shares)] for principal transactions excluding ITS transactions. [unless acting as Dealer of the Day, a Preferencing Dealer or a Contributing Dealer except, ITS Transactions] Designated Dealers will be billed $0.0050 per share on outbound ITS trades and $0.0000 per share on inbound ITS trades. All Designated Dealers' charges are subject to the minimum charges set forth in paragraph 5 below. (Billable shares shall not exceed 650,000 shares times the number of trading days in any given month.) 2. through 5. No Change. H. through M. No Change. II. Self-Regulatory Organization's Statement of the Purpose of and Statutory Basis for, the Proposed Rule Change 1. Purpose In its filing with the Commission, the self-regulatory organization 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 self-regulatory organization 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 Exchange has determined to amend the fee charged limit orders executed through the facilities of the Exchange's limit order book such that the fee charged for market orders and limit orders executed through that facility will be the same.\4\ Additionally, the fee charged Designated Dealers \5\ has been lowered. \4\ In order to encourage all members to place public agency limit orders on the CSE book, the Exchange in August 1994 amended Rule 11.10 to eliminate the transaction charge on public agency limit orders. See Securities Exchange Act Release No. 34493, (August 5, 1994), 59 FR 41531 (August 12, 1994) (approving File No. SR-CSE- 94-6). \5\ A Designated Dealer (``DD'') is a proprietary member who maintains a minimum net capital of at least the greater of $100,000 or the amount required under Rule 15c3-1 of the Act, and who has been approved by the Exchange's Securities Committee to perform market functions by entering bids and offers for securities designated by the Securities Committee to be traded in the CSE's National Securities Trading System (``designated issues'') into that System. See CSE Rule 11.9(a)(3). The DD status obligates the dealer to guarantee execution of all public agency market orders and agency limit orders up to 2,099 shares. See Release No. 34493, supra note 4. --------------------------------------------------------------------------- 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act \6\ in general and furthers the objectives of Section 6(b)(4) \7\ in particular in that it provides for the equitable allocation of reasonable dues, fees, and other charges among the Exchange's members and other persons using its facilities. \6\ 15 U.S.C. 78f(b). \7\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. 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 The foregoing rule change constitutes or changes a due, fee, or other charge imposed by the Exchange and, therefore, has become effective pursuant to Section 19(b)(3)(A) of the Act \8\ and subparagraph (e) of Rule 19b-4 thereunder.\9\ \8\ 15 U.S.C. 78s(b)(3)(A). \9\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- At any time within sixty days of the filing of such proposed rule change, the Commission may summarily abrogate 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. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing. Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549. 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 at the Commission's Public Reference Section, 450 Fifth Street, NW., Washington, DC 20549. Copies of such filing also will be available for inspection and copying at the principal office of the Cincinnati Stock Exchange. All submissions should refer to File No. SR-CSE-95-08 and should be submitted by January 25, 1996. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\10\ \10\ 17 CFR 200.30-3(a)(12). [[Page 361]] --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 96-79 Filed 1-3-96; 8:45 am] BILLING CODE 8010-01-M