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- Federal Register
- Vol. 59, No. 118
- Tuesday, June 21, 1994
-
- [Release No. 34─34216; File No. SR─Phlx─93─41]
-
- Self-Regulatory Organizations; Notice of Filing of Proposed Rule Change by
- Philadelphia Stock Exchange, Inc. to Adopt Equity Floor Procedure Advice A─2,
- Stopping Orders
-
- June 15, 1994.
-
- Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 ("Act"),
- 15 U.S.C. 78s(b)(1), notice is hereby given that on November 2, 1993, the
- Philadelphia Stock Exchange, Inc. ("Phlx" 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. On June 1, 1994, the Exchange
- submitted to the Commission Amendment No. 1 to the proposed rule change in
- order to narrow the scope of its original filing, to revise certain language
- used therein and to request approval to amend its Minor Rule Violation
- Enforcement and Reporting Plan ("Plan").«1» The Commission is publishing this
- notice to solicit comments on the proposed rule change from interested
- persons.
-
- «1» See letter from Gerald D. O'Connell, First Vice President, Phlx, to Sharon
- Lawson, Assistant Director, Division of Market Regulation, SEC, dated May 31,
- 1994 ("Amendment No. 1").
-
- I. Self-Regulatory Organization's Statement of the Terms of Substance of the
- Proposed Rule Change
-
- The Phlx proposes to adopt Equity Floor Procedure Advice ("Advice") A─2,
- Stopping Orders, which would require that any order on the book that is
- stopped by the specialist be displayed at its price or better if not executed
- immediately after being stopped. Moreover, the proposed advice would prohibit
- the specialist from trading for the specialist's own account with any order
- that specialist stopped, while the specialist is in possession of an order at
- that price or better. In this regard, the specialist must exercise due
- diligence to match the stopped order with the other order pursuant to Phlx
- Rules 119 and 120.
-
- Proposed Advice A─2(E) is followed by the designator "(E)" to identify it as
- an equity floor advice, applicable only to the Exchange's equity floor. In
- this regard, the Exchange's Plan would be amended to include this Advice.
- Accordingly, violations of proposed Advice A─2(E) would be subject to a fine
- schedule, which results in a $250 fine for the first occurrence, a $500 fine
- for the second occurrence and a sanction discretionary with the Exchange's
- Business Conduct Committee for any violations thereafter.
-
- 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 Phlx proposed to adopt Advice A─2(E) to govern stopping orders on the
- equity trading floor. The purpose of the proposal is to codify stopping
- policies into an advice as a ready reminder to the equity floor and also to
- establish that minor violations may result in the issuance of pre-established
- fines. The advice is also intended to contribute to the standardization of
- trading floor rules among the Intermarket Trading System ("ITS") participant
- exchanges.
-
- With respect to stopped orders on the book, the proposed text is consistent
- with the specialist's requirements to engage in a course of dealings to assist
- in the maintenance of a fair and orderly market, pursuant to Phlx Rule 203.
- Specifically, the first requirement is that a stopped order on the book must
- be displayed at its price or better if not executed immediately after being
- stopped. The second requirement of this Advice prohibits a specialist from
- trading with a stopped order for his own account, while in possession of
- another order at an equal or better price. Instead, the specialist would be
- required to exercise due diligence to "match" the stopped order with the other
- order, consistent with Phlx Rule 218.
-
- 2. Statutory Basis
-
- The proposed rule is consistent with Section 6 of the Act, in general, and, in
- particular, with Section 6(b)(5), in that it is designed to promote just and
- equitable principles of trade and prevent fraudulent and manipulative acts and
- practices, by furthering the purposes of Rule 203, which in turn, should
- foster a fair and orderly market in Exchange traded securities.
-
- B. Self-Regulatory Organization's Statement on Burden on Competition
-
- The Phlx does not believe that the proposed rule change will impose any
- inappropriate burden on competition.
-
- C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule
- Change Received From Members, Participants or Others
-
- No written comments were either solicited or received.
-
- III. Date of Effectiveness of the Proposed Rule Change and Timing for
- Commission Action
-
- Within 35 days of the publication of this notice in the Federal Register or
- within such other 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 the 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. Persons making written submissions should file six
- copies thereof with the Secretary, Securities and Exchange Commission, 450
- Fifth Street, NW., Washington, DC 20549. Copies of the submission, 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. 552, will be available for inspection and copying at
- the Commission's Public Reference Section, 450 Fifth Street, NW., Washington,
- DC 20549. Copies of such filing will also be available for inspection and
- copying at the principal office of the Phlx. All submissions should refer to
- File No. SR─Phlx─93─41 and should be submitted by July 12, 1994.
-
- For the Commission, by the Division of Market Regulation, pursuant to
- delegated authority.
-
- Margaret H. McFarland,
-
- Deputy Secretary.
-
- [FR Doc. 94─15041 Filed 6─20─94; 8:45 am]
-
- BILLING CODE 8010─01─M
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