[Federal Register Volume 62, Number 116 (Tuesday, June 17, 1997)] [Notices] [Pages 32848-32849] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-15771] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-38731; File No. SR-NYSE-97-08] Self-Regulatory Organizations; Order Approving Proposed Rule Change by New York Stock Exchange, Inc. Consisting of an Information Memo Relating to Electronic Delivery of Information to Customers by Exchange Members and Member Organizations June 10, 1997. On March 24, 1997,\1\ the New York Stock Exchange, Inc. (``NYSE'' or ``Exchange'') submitted to the Securities and Exchange Commission (``SEC'' or ``Commission''), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ a proposed rule change setting forth the Exchange's policy regarding electronic delivery of information required under Exchange rules to be furnished to customers. A notice of the proposed rule change appeared in the Federal Register on May 7, 1997.\4\ The Commission received no comment letters addressing the proposed rule change. --------------------------------------------------------------------------- \1\ On April 24, 1997, the NYSE amended the exhibit attached to the rule filing. See letter from James E. Buck, Senior Vice President and Secretary, NYSE, Inc., to Katherine A. England, Assistant Director, Division of Market Regulation, SEC, dated April 24, 1997. \2\ 15 U.S.C. 78s(b)(1) (1988). \3\ 17 CFR 240.19b-4 (1995). \4\ Securities Exchange Act Release No. 38567 (May 1, 1997); 62 FR 25009 (May 7, 1997). --------------------------------------------------------------------------- The Exchange has filed with the Commission an Information Memo (``Memo'') setting forth the Exchange's policy regarding electronic delivery of information required under Exchange rules to be furnished to customers. Under this proposed Exchange policy, members and member organizations will be allowed to electronically transmit documents required to be furnished to customers under Exchange rules, provided that they adhere to the Commission's established requirements. The Commission, in Release Nos. 34-37182 \5\ and 33-7233,\6\ addresses the procedural aspects of how broker-dealers and others may satisfy their delivery obligations under federal securities laws by using electronic media as an alternative to paper-based media provided that they comply with certain prescribed requirements. --------------------------------------------------------------------------- \5\ See, Securities Exchange Act Release No. 37182, May 9, 1996; 61 FR 24644, May 15, 1996, (Commission's interpretation concerning the delivery of information through electronic media in satisfaction of broker-dealer and transfer agent requirements to deliver information under the Act and the rules thereunder). \6\ See, Securities Act Release No. 7233, Oct. 6, 1995; 60 FR 53458, Oct. 13, 1995, (Commission's interpretation concerning the use of electronic media as a means of delivering information required to be disseminated pursuant to the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Company Act of 1940). --------------------------------------------------------------------------- The Memo summarizes the Commission procedures, which address format, content, access, evidence of receipt of delivery, and consent for delivery of personal financial information. The Memo also sets forth a list of current Exchange rules that require members and member organizations to furnish specific information to customers for which electronic delivery may be used in accordance with the Commission Releases.\7\ The Exchange intends that the policy outlined in this Memo cover all communications required to be sent to customers by firms pursuant to Exchange rules. --------------------------------------------------------------------------- \7\ The Exchange believes this list is complete. The Commission notes, however, that if the Exchange proposes a rule for which electronic delivery of information to customers may be used, then the Exchange should specify that the rule would be governed by this interpretation, as well. --------------------------------------------------------------------------- The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations promulgated thereunder. Specifically, the [[Page 32849]] Commission believes that approval of the proposed rule change is consistent with Section 6(b)(5) \8\ of the Act. Pursuant to Section 6(b)(5), the proposed rule change benefits the public,\9\ because it not only allows customers easy and efficient access to account documentation, but also requires an evaluation of systems and procedures to ensure that the privacy of personal information is maintained. In using the Commission's releases as a guide,\10\ the Exchange has established a uniform policy concerning electronic delivery of information which should allow members and member organizations to satisfy their delivery obligations under federal securities laws and the Exchange's rules. This uniform policy should simplify compliance by members and member organizations and aid the Exchange in monitoring the same. --------------------------------------------------------------------------- \8\ Section 6(b)(5) requires the Commission to determine that a registered national securities exchange's rules are designed to prevent fraudulent acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. \9\ Pursuant to Section 3(f) of the Act, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. Sec. 78c(f) (1996). \10\ See supra notes 5 and 6. --------------------------------------------------------------------------- For the above reasons, the Commission believes that the proposed rule change is consistent with the provisions of the Act, and in particular with Section 6(b)(5). It is therefore ordered, pursuant to Section 19(b)(2) of the Act,\11\ that the proposed rule change (SR-NYSE-97-08) be, and hereby is approved. \11\ 15 U.S.C. 78s(b)(2) (1988). --------------------------------------------------------------------------- For the Commission by the Division of Market Regulation, pursuant to delegated authority.\12\ --------------------------------------------------------------------------- \12\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 97-15771 Filed 6-16-97; 8:45 am] BILLING CODE 8010-01-M