Rule 9b-1
  Options Disclosure Document
a.
Definitions. The
following definitions shall apply for the purpose of this rule.
1. Options
market means a national securities exchange, an automated quotation
system of a registered securities association or a foreign securities
exchange on which standardized options are traded.
2. Options
class means all options contracts covering the same underlying instrument.
3. Options
disclosure document means a document, including all amendments and
supplements thereto, prepared by one or more options markets which has
been filed with the Commission or distributed in accordance with
paragraph
(b) of this section. "Definitive options disclosure document"
or "document" means an options disclosure document furnished
to customers in accordance with paragraph (b)
of this section.
4. Standardized
options are options contracts trading on a national securities exchange,
an automated quotation system of a registered securities association,
or a foreign securities exchange which relate to options classes the terms
of which are limited to specific expiration dates and exercise prices,
or such other securities as the Commission may, by order, designate.
b.
1. Five
preliminary copies of an options disclosure document containing the information
specified in paragraph (c) of this section shall
be filed with the Commission by an options market at least 60 days prior
to the date definitive copies are furnished to customers, unless the commission
determines otherwise having due regard to the adequacy of the information
disclosed and the public interest and protection of investors. Five copies
of the definitive options disclosure document shall be filed with the
Commission not later than the date the options disclosure document is
furnished to customers. Notwithstanding the above, the use of an options
disclosure document shall not be permitted unless the options class to
which such document relates is the subject of an effective registration
statement on Form S-20 under the Securities Act of 1933, or is exempt
from registration under the Securities Act of 1933.
2.
i. If
the information contained in the options disclosure document becomes or
will become materially inaccurate or incomplete or there is or will be
an omission of material information necessary to make the options disclosure
document not misleading, the options market shall amend or supplement
its options disclosure document by filing five copies of an amendment
or supplement to such options disclosure document with the Commission
at least 30 days prior to the date definitive copies are furnished to
customers, unless the Commission determines otherwise having due regard
to the adequacy of the information disclosed and the public interest and
protection of investors. Five copies of the definitive options disclosure
document, as amended or supplemented, shall be filed with the Commission
not later than the date the amendment or supplement, or the amended options
disclosure document, is furnished to customers.
ii. Notwithstanding
paragraph (b)(2)(i) of this section, an options
market may distribute an amendment or supplement to an options disclosure
document prior to such 30 day period if it determines, in good faith,
that such delivery is necessary to ensure timely and accurate disclosure
with respect to one or more of the options classes covered by the document.
Five copies of any amendment or supplement distributed pursuant to this
paragraph shall be filed with the Commission at the time of distribution.
In that instance, if the Commission determines, having given due regard
to the adequacy of the information disclosed and the public interest and
the protection of investors, it may require refiling of the amendment
pursuant to paragraph (b)(2)(i) of this section.
c.
Information required
in an options disclosure document. An options disclosure document
shall contain the following information, unless otherwise provided by
the Commission, with respect to the options classes covered by the document:
1. A
glossary of terms;
2. A
discussion of the mechanics of exercising the options;
3. A
discussion of the risks of being a holder or writer of the options;
4. The
identification of the market or markets in which the options are traded;
5. A
brief reference to the transaction costs, margin requirements and tax
consequences of options trading;
6. The
identification of the issuer of the options;
7. A
general identification of the type of instrument or instruments underlying
the options class or classes covered by the document;
8. If
the options are not exempt from registration under the Securities Act
of 1933, the registration of the options on form S-20 and the availability
of the prospectus and the information in part II of the registration statement;
and
9. Such
other information as the Commission may specify.
d.
Broker-dealer obligations.
1. No
broker or dealer shall accept an order from a customer to purchase or
sell an option contract relating to an options class that is the subject
of a definitive options disclosure document, or approve the customer's
account for the trading of such option, unless the broker or dealer furnishes
or has furnished to the customer a copy of the definitive options disclosure
document.
2. If
a definitive options disclosure document relating to an options class
is amended or supplemented, each broker and dealer shall promptly send
a copy of the definitive amendment or supplement or a copy of the definitive
options disclosure document as amended to each customer whose account
is approved for trading the options class or classes to which the amendment
or supplement relates.
Regulatory History |
|
SEC Release 34-19055: 47 FR 41956,
Sept. 23, 1982 SEC Release 34-23115: 51 FR 14982, Apr. 22, 1986 SEC Release 34-43461: 65
FR 64137, 64139, Oct. 26, 2000
SEC Release 33-8171: 68 FR
188, Jan. 2, 2003 |
|