Rule 6h-1
  Settlement and Regulatory Halt Requirements for Security Futures Products
a.
For the purposes of this
section:
1. Opening
price means the price at which a security opened for trading, or a
price that fairly reflects the price at which a security opened for trading,
during the regular trading session of the national securities exchange
or national securities association that lists the security. If the security
is not listed on a national securities exchange or a national securities
association, then opening price shall mean the price at which a
security opened for trading, or a price that fairly reflects the price
at which a security opened for trading, on the primary market for the
security.
2. Regular
trading session of a security means the normal hours for business
of a national securities exchange or national securities association that
lists the security.
3.
Regulatory halt
means a delay, halt, or suspension in the trading of a security, that
is instituted by the national securities exchange or national securities
association that lists the security, as a result of:
i. A
determination that there are matters relating to the security or issuer
that have not been adequately disclosed to the public, or that there are
regulatory problems relating to the security which should be clarified
before trading is permitted to continue; or
ii. The
operation of circuit breaker procedures to halt or suspend trading in
all equity securities trading on that national securities exchange or
national securities association.
b.
Final settlement prices
for security futures products.
1. The
final settlement price of a cash-settled security futures product must
fairly reflect the opening price of the underlying security or securities.
2.
Notwithstanding
paragraph (b)(1) of this section, if an opening price for one or more
securities underlying a security futures product is not readily available,
the final settlement price of the security futures product shall fairly
reflect:
i. The
price of the underlying security or securities during the most recent
regular trading session for such security or securities; or
ii. The
next available opening price of the underlying security or securities.
3. Notwithstanding
paragraph (b)(1) or (b)(2) of this section, if a clearing agency registered
under Section 17A
of the Act, or exempt from registration pursuant to
Section
17A(b)(7) of the Act, to which the final settlement price of a security
futures product is or would be reported determines, pursuant to its rules,
that such final settlement price is not consistent with the protection
of investors and the public interest, taking into account such factors
as fairness to buyers and sellers of the affected security futures product,
the maintenance of a fair and orderly market in such security futures
product, and consistency of interpretation and practice, the clearing
agency shall have the authority to determine, under its rules, a final
settlement price for such security futures product.
c.
Regulatory trading
halts. The rules of a national securities exchange or national securities
association registered pursuant to
Section
15A(a) of the Act that lists or trades one or more security futures
products must include the following provisions:
1. Trading
of a security futures product based on a single security shall be halted
at all times that a regulatory halt has been instituted for the underlying
security; and
2. Trading
of a security futures product based on a narrow-based security index shall
be halted at all times that a regulatory halt has been instituted for
one or more underlying securities that constitute 50 percent or more of
the market capitalization of the narrow-based security index.
d. The
Commission may exempt from the requirements of this section, either unconditionally
or on specified terms and conditions, any national securities exchange
or national securities association, if the Commission determines that
such exemption is necessary or appropriate in the public interest and
consistent with the protection of investors. An exemption granted pursuant
to this paragraph shall not operate as an exemption from any Commodity
Futures Trading Commission rules. Any exemption that may be required from
such rules must be obtained separately from the Commodity Futures Trading
Commission.
|