[Federal Register Volume 63, Number 67 (Wednesday, April 8, 1998)]
[Notices]
[Page 17248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9131]



[[Page 17248]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-39822; File No. SR-CHX-98-5]


Self-Regulatory Organizations; Notice of Filing of Proposed Rule 
Change by the Chicago Stock Exchange, Incorporated Relating to the 
Utilization of Exempt Credit by Market Makers

March 31, 1998.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on February 18, 1998, the 
Chicago Stock Exchange, Inc. (``CHX'' or ```Exchange'') filed with the 
Securities and Exchange Commission (``Commission'' or ``SEC'') the 
proposed rule change as described in Items I, II, and III below, which 
Items have been prepared by the self-regulatory organization. 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).
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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 an interpretation to Article XXXIV, 
Rule 16 of its rules relating to registered market makers' utilization 
of exempt credit.\2\
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    \2\ The Board of Governors of the Federal Reserve System is 
authorized, pursuant to Section 7 of the Act, to establish initial 
margin requirements and credit restrictions on margin financing. 12 
CFR Sec. Sec. 220 and 221. Bona fide market making activity, 
however, may be exempt from these credit restrictions. As a result, 
a market maker may arrange for margin financing on the basis of its 
credit worthiness.
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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 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 purpose of the proposed rule change is to modify an 
interpretation regarding market makers and exempt credit. 
Interpretation .01 to Article XXXIV, Rule 16 sets forth certain 
parameters that market makers must satisfy to obtain exempt credit for 
financing their market maker transactions. The Interpretation specifies 
that 50% of the quarterly share volume which creates or increases a 
position in a market maker account must result from transactions 
consummated on the Exchange or sent from the Exchange floor for 
execution in another market via the Intermarket Trading System 
(``ITS''). The Exchange seeks to modify this interpretation by 
eliminating the reference to ``creating or increasing a position,'' 
thereby including all transactions consummated on the Exchange or sent 
from the Exchange floor via ITS in determining a market maker's ability 
to use exempt credit.
    In providing assistance in maintaining a fair and orderly market, a 
market maker may be required to decrease either a long or a short 
position in a particular security. Thus, a market maker may from time 
to time engage in transactions that decrease its position which 
contributes to the depth and liquidity of the market. The proposed 
change in interpretation would make it clear that transactions that 
decrease a position in a market maker account will be treated the same 
way as those that create or increase a position for purposes of 
determining compliance with the 50% volume requirement in order to 
obtain exempt credit.
    The proposed interpretation is consistent with the policies of 
other exchanges. For example, both the Pacific Exchange and the Chicago 
Board Options Exchange consider total transactions in determining 
whether a market maker has executed a certain percentage of its 
transactions in person.\3\
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    \3\ See Pacific Exchange Rule 6.32, Commentary .02; and Chicago 
Board Options Exchange Rule 8.7, Interpretation .03.
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2. Statutory Basis

    The proposed rule change is consistent with Section 6(b)(5) \4\ of 
the Act 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.
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    \4\ 15 U.S.C. 78f(b)(5).
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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.

(C) Self-Regulatory Organization's Statement on Comments on the 
Proposed Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received written comments on 
the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 35 days of the date of publication of this notice in the 
Federal Register or within such longer period (i) as the Commission may 
designate up to 90 days of such date if it finds such longer period to 
be appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the submission is 
consistent with the Act. Persons making written submissions should file 
six copies thereof with the Secretary, Securities and Exchange 
Commission, 450 Fifth street, N.W., Washington, D.C. 20549. Copies of 
the submissions, 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. 
Sec. 552, will be available for inspection and copying at the 
Commission's Public Reference Room 450 Fifth Street, N.W., Washington, 
D.C. 25049. Copies of such filing will also be available for inspection 
and copying at the principal office of the CHX. All submissions should 
refer to File No. SR-CHX-98-5 and should be submitted by April 29, 
1998.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\5\
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    \5\ 17 CFR 200.20-3(a)(12).
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Jonathan G. Katz,
Secretary.
[FR Doc. 98-9131 Filed 4-7-98; 8:45 am]
BILLING CODE 8010-01-M