Rule 6a-4
  Notice of Registration under Section 6(g) of the Act, Amendment to Such
Notice, and Supplemental Materials to Be Filed by Exchanges Registered
a.
Notice of registration.
1.
An exchange may
register as a national securities exchange solely for the purposes of
trading security futures products by filing Form 1-N (
249.10 of this chapter) ("notice of registration"), in accordance
with the instructions contained therein, if:
i.
The exchange
is a board of trade, as that term in defined in the Commodity Exchange
Act (7 U.S.C. 1a(2)), that:
A. Has
been designated a contract market by the Commodity Futures Trading Commission
and such designation is not suspended by order of the Commodity Futures
Trading Commission; or
B. Is
registered as a derivative transaction execution facility under Section
5a of the Commodity Exchange Act (7 U.S.C. 7a) and such registration is
not suspended by the Commodity Futures Trading Commission; and
ii.
Such exchange
does not serve as a market place for transactions in securities other
than:
A. Security
futures products; or
B. Futures
on exempted securities or on groups or indexes of securities or options
thereon that have been authorized under Section 2(a)(1)(C) of the Commodity
Exchange Act (7 U.S.C. 2a).
2. Promptly
after the discovery that any information filed on Form 1-N ( 249.10 of
this chapter) was inaccurate when filed, the exchange shall file with
the Commission an amendment correcting such inaccuracy.
b.
Amendment to notice
of registration.
1.
A national securities
exchange registered pursuant to
Section
6(g)(1) of the Act ("Security Futures Product Exchange")
shall file an amendment to Form 1-N ( 249.10 of this chapter), which
shall set forth the nature and effective date of the action taken and
shall provide any new information and correct any information rendered
inaccurate, on Form 1-N ( 249.10 of this chapter), within:
i. Ten
days after any action is taken that renders inaccurate, or that causes
to be incomplete, any information filed on the Execution Page of Form
1-N ( 249.10 of this chapter), or amendment thereto; or
ii. 30
days after any action is taken that renders inaccurate, or that causes
to be incomplete, any information filed as part of Exhibit F to Form 1-N
( 249.10 of this chapter), or any amendments thereto.
2. A
Security Futures Product Exchange shall maintain records relating to changes
in information required in Exhibits C and E to Form 1-N ( 249.10 of this
chapter) which shall be current of as of the latest practicable date,
but shall, at a minimum, be up-to-date within 30 days. A Security Futures
Product Exchange shall make such records available to the Commission and
the public upon request.
3. On
or before June 30, 2002, and by June 30 every year thereafter, a Security
Futures Product Exchange shall file, as an amendment to Form 1-N ( 249.10
of this chapter), Exhibits F, H, and I, which shall be current of as of
the latest practicable date, but shall, at a minimum, be up-to-date within
three months as of the date the amendment is filed.
4. On
or before June 30, 2004, and by June 30 every three years thereafter,
a Security Futures Product Exchange shall file, as an amendment to Form
1-N ( 249.10 of this chapter), complete Exhibits A, B, C, and E, which
shall be current of as of the latest practicable date, but shall, at a
minimum, be up-to-date within three months as of the date the amendment
is filed.
5.
i.
If a Security
Futures Product Exchange, on an annual or more frequent basis, publishes,
or cooperates in the publication of, any of the information required to
be filed by paragraphs (b)(3) and (b)(4) of this section, in lieu of filing
such information, a Security Futures Product Exchange may satisfy this
filing requirement by:
A. Identifying
the publication in which such information is available, the name, address,
and telephone number of the person from whom such publication may be obtained,
and the price of such publication; and
B. Certifying
to the accuracy of such information as of its publication date.
ii. If
a Security Futures Product Exchange keeps the information required under
paragraphs (b)(3) and (b)(4) of this section up-to-date and makes it available
to the Commission and the public upon request, in lieu of filing such
information, a Security Futures Product Exchange may satisfy this filing
requirement by certifying that the information is kept up-to-date and
is available to the Commission and the public upon request.
iii.
If the
information required to be filed under paragraphs (b)(3) and (b)(4) of
this section is available continuously on an Internet web site controlled
by a Security Futures Product Exchange, in lieu of filing such information
with the Commission, such Security Futures Product Exchange may satisfy
this filing requirement by:
A. Indicating
the location of the Internet web site where such information may be found;
and
B. Certifying
that the information available at such location is accurate as of its
date.
6.
i.
The Commission
may exempt a Security Futures Product Exchange from filing the amendment
required by this section for any affiliate or subsidiary listed in Exhibit
C to Form 1-N ( 249.10 of this chapter), as amended, that either:
A. Is
listed in Exhibit C to Form 1 or to Form 1-N ( 249.10 of this chapter),
as amended, of one or more other national securities exchanges; or
B. Was
an inactive affiliate or subsidiary throughout the affiliate's or subsidiary's
latest fiscal year.
ii. Any
such exemption may be granted upon terms and conditions the Commission
deems necessary or appropriate in the public interest or for the protection
of investors, provided however, that at least one national securities
exchange shall be required to file the amendments required by this section
for an affiliate or subsidiary described in paragraph (b)(6)(i) of this
section.
7. If
a Security Futures Product Exchange has filed documents with the Commodity
Futures Trading Commission, to the extent that such documents contain
information satisfying the Commission's informational requirements, copies
of such documents may be filed with the Commission in lieu of the required
written notice.
c.
Supplemental material
to be filed by Security Futures Product Exchanges.
1.
i.
A Security Futures Product Exchange shall file with the Commission any
material related to the trading of security futures products (including
notices, circulars, bulletins, lists, and periodicals) issued or made
generally available to members of, participants in, or subscribers to,
the exchange. Such material shall be filed with the Commission within
ten days after issuing or making such material available to members, participants,
or subscribers.
ii.
If the information
required to be filed under paragraph (c)(1)(i) of this section is available
continuously on an Internet web site controlled by an exchange, in lieu
of filing such information with the Commission, such exchange may:
A. Indicate
the location of the Internet web site where such information may be found;
and
B. Certify
that the information available at such location is accurate as of its
date.
2.
Within 15 days
after the end of each calendar month, a Security Futures Product Exchange
shall file a report concerning the security futures products traded on
such exchange during the previous calendar month. Such a report shall:
i. For
each contract of sale for future delivery of a single security, the number
of contracts traded on such exchange during the relevant calendar month
and the total number of shares underlying such contracts traded; and
ii. For
each contract of sale for future delivery of a narrow-based security index,
the number of contracts traded on such exchange during the relevant calendar
month and the total number of shares represented by the index underlying
such contracts traded.
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