Rule 3a55-1
 Method for Determining Market Capitalization and Dollar Value
of Average Daily Trading Volume;
Application of the Definition of Narrow-Based Security Index
a.
Market capitalization.
For purposes of
Section
3(a)(55)(C)(i)(III)(bb) of the Act:
1. On
a particular day, a security shall be 1 of 750 securities with the largest
market capitalization as of the preceding 6 full calendar months when
it is included on a list of such securities designated by the Commission
and the CFTC as applicable for that day.
2.
In the event that
the Commission and the CFTC have not designated a list under paragraph
(a)(1) of this section:
i. The
method to be used to determine market capitalization of a security as
of the preceding 6 full calendar months is to sum the values of the market
capitalization of such security for each U.S. trading day of the preceding
6 full calendar months, and to divide this sum by the total number of
such trading days.
ii. The 750 securities with the largest market
capitalization shall be identified from the universe of all NMS
securities as defined in § 242.600 of this chapter that are common stock or depositary shares.
b.
Dollar value of
ADTV.
1.
For purposes of
Section 3(a)(55)(B)
of the Act:
i.
A. The
method to be used to determine the dollar value of ADTV of a security
is to sum the dollar value of ADTV of all reported transactions in such
security in each jurisdiction as calculated pursuant to paragraphs (b)(1)(ii)
and (iii).
B. The
dollar value of ADTV of a security shall include the value of all reported
transactions for such security and for any depositary share that represents
such security.
C. The
dollar value of ADTV of a depositary share shall include the value of
all reported transactions for such depositary share and for the security
that is represented by such depositary share.
ii. For
trading in a security in the United States, the method to be used to determine
the dollar value of ADTV as of the preceding 6 full calendar months is
to sum the value of all reported transactions in such security for each
U.S. trading day during the preceding 6 full calendar months, and to divide
this sum by the total number of such trading days.
iii.
A. For
trading in a security in a jurisdiction other than the United States,
the method to be used to determine the dollar value of ADTV as of the
preceding 6 full calendar months is to sum the value in U.S. dollars of
all reported transactions in such security in such jurisdiction for each
trading day during the preceding 6 full calendar months, and to divide
this sum by the total number of trading days in such jurisdiction during
the preceding 6 full calendar months.
B. If
the value of reported transactions used in calculating the ADTV of securities
under paragraph (b)(1)(iii)(A) is reported in a currency other than U.S.
dollars, the total value of each day's transactions in such currency shall
be converted into U.S. dollars on the basis of a spot rate of exchange
for that day obtained from at least one independent entity that provides
or disseminates foreign exchange quotations in the ordinary course of
its business.
iv. The
dollar value of ADTV of the lowest weighted 25% of an index is the sum
of the dollar value of ADTV of each of the component securities comprising
the lowest weighted 25% of such index.
2.
For purposes of
Section
3(a)(55)(C)(i)(III)(cc) of the Act:
i. On
a particular day, a security shall be 1 of 675 securities with the largest
dollar value of ADTV as of the preceding 6 full calendar months when it
is included on a list of such securities designated by the Commission
and the CFTC as applicable for that day.
ii.
In the event
that the Commission and the CFTC have not designated a list under paragraph
(b)(2) of this section:
A. The
method to be used to determine the dollar value of ADTV of a security
as of the preceding 6 full calendar months is to sum the value of all
reported transactions in such security in the United States for each U.S.
trading day during the preceding 6 full calendar months, and to divide
this sum by the total number of such trading days.
B. The
675 securities with the largest dollar value of ADTV shall be identified from
the universe of all NMS securities as defined in § 242.600 of
this chapter that are common stock or depositary shares.
c. Depositary
Shares and Section 12 Registration. For purposes of
Section
3(a)(55)(C) of the Act, the requirement that each component security
of an index be registered pursuant to
Section
12 of the Act shall be satisfied with respect to any security that
is a depositary share if the deposited securities underlying the depositary
share are registered pursuant to Section 12 of the Act and the depositary
share is registered under the Securities Act of 1933 on Form F-6.
d.
Definitions. For
purposes of this section:
1. CFTC means Commodity Futures Trading Commission.
2.
Closing price
of a security means:
i. If
reported transactions in the security have taken place in the United States,
the price at which the last transaction in such security took place in
the regular trading session of the principal market for the security in
the United States.
ii. If
no reported transactions in a security have taken place in the United
States, the closing price of such security shall be the closing price
of any depositary share representing such security divided by the number
of shares represented by such depositary share.
iii. If
no reported transactions in a security or in a depositary share representing
such security have taken place in the United States, the closing price
of such security shall be the price at which the last transaction in such
security took place in the regular trading session of the principal market
for the security. If such price is reported in a currency other than U.S.
dollars, such price shall be converted into U.S. dollars on the basis
of a spot rate of exchange relevant for the time of the transaction obtained
from at least one independent entity that provides or disseminates foreign
exchange quotations in the ordinary course of its business.
3. Depositary
share has the same meaning as in
Rule 12b-2.
4. Foreign
financial regulatory authority has the same meaning as in
Section
3(a)(52) of the Act.
5.
Lowest weighted
25% of an index. With respect to any particular day, the lowest weighted
component securities comprising, in the aggregate, 25% of an index's weighting
for purposes of
Section
3(a)(55)(B)(iv) of the Act ("lowest weighted 25% of an index")
means those securities:
i. That
are the lowest weighted securities when all the securities in such index
are ranked from lowest to highest based on the index's weighting methodology;
and
ii. For
which the sum of the weight of such securities is equal to, or less than,
25% of the index's total weighting.
6.
Market capitalization
of a security on a particular day:
i.
If the security
is not a depositary share, is the product of:
A. The
closing price of such security on that same day; and
B. The
number of outstanding shares of such security on that same day.
ii.
If the security
is a depositary share, is the product of:
A. The
closing price of the depositary share on that same day divided by the
number of deposited securities represented by such depositary share; and
B. The
number of outstanding shares of the security represented by the depositary
share on that same day.
7. Outstanding
shares of a security means the number of outstanding shares of such
security as reported on the most recent Form 10-K, Form 10-Q, Form 10-KSB,
Form 10-QSB, or Form 20-F filed with the Commission by the issuer of such
security, including any change to such number of outstanding shares subsequently
reported by the issuer on a Form 8-K.
8. Preceding
6 full calendar months means, with respect to a particular day, the
period of time beginning on the same day of the month 6 months before
and ending on the day prior to such day.
9. Principal
market for a security means the single securities market with the
largest reported trading volume for the security during the preceding
6 full calendar months.
10.
Reported transaction
means:
i. With
respect to securities transactions in the United States, any transaction
for which a transaction report is collected, processed, and made available
pursuant to an effective transaction reporting plan, or for which a transaction
report, last sale data, or quotation information is disseminated through
an automated quotation system as described in
Section
3(a)(51)(A)(ii) of the Act; and
ii. With
respect to securities transactions outside the United States, any transaction
that has been reported to a foreign financial regulatory authority in
the jurisdiction where such transaction has taken place.
11. U.S.
trading day means any day on which a national securities exchange
is open for trading.
12. Weighting
of a component security of an index means the percentage of such index's
value represented, or accounted for, by such component security.
Regulatory History |
|
SEC Release 34-44724: 66 FR 44490, 44514, Aug. 23, 2001
SEC Release 34-52115: 70 FR 145, July 29, 2005 |
|