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- Federal Register
- Vol. 59, No. 146
- Monday, August 1, 1994
-
- [Release No. 34─34435; File No. SR─PSE─92─48]
-
- Self-Regulatory Organizations; Pacific Stock Exchange, Inc.; Order Approving
- Proposed Rule Change, Relating to Requirements That Market Makers Fill
- Incoming Orders or Update Existing Markets
-
- July 22, 1994.
-
- On December 22, 1992, the Pacific Stock Exchange, Inc. ("PSE" or "Exchange")
- submitted to the Securities and Exchange Commission ("Commission"), pursuant
- to Section 19(b) of the Securities Exchange Act of 1934 ("Act")«1» and Rule
- 19b─4 thereunder,«2» a proposed rule change to amend PSE rules to expressly
- require its market makers and lead market makers to respond to orders,
- represented in a trading crowd at the currently disseminated bid or offer,
- either by satisfying the order or by updating the existing market in the
- subject series.
-
- «1» 15 U.S.C. 78s(b)(1) (1988).
-
- «2» 17 CFR 240.19b─4 (1993).
-
- The proposed rule change was published for comment in Securities Exchange Act
- Release No. 31962 (March 8, 1993), 58 FR 13661 (March 12, 1993). No comments
- were received on the proposed rule change.
-
- The proposal amends PSE Rule 6.37 to require PSE market makers or lead market
- makers to either execute an order, at the quote they are currently
- disseminating, in its entirety or update their quotes (by either raising their
- bids or lowering their offers) to reflect that the previously disseminated
- quote is no longer available.«3» The amendment also requires that market
- makers and lead market makers maintain these updated quotes for a reasonable
- time period, which, unless specific market changes occur, is defined as two
- minutes.«4» Further, the proposal amends PSE Rule 10.13 to make the failure
- to comply with the obligation to trade or update quotes in response to an
- order a violation of the PSE's Minor Rule Plan. As a violation of the PSE's
- Minor Rule Plan, a member could be fined $100, $200, or $500 for a first,
- second, or third violation, respectively. The Exchange represents that such
- fines would be recommended, but not required, and repeated or aggravated
- violations could entail formal disciplinary action.
-
- «3» The Commission understands this provision to allow an exchange, upon
- receipt of a market or marketable limit order, to execute less than the total
- number of contracts contained in the order, but the exchange then becomes
- obligated to update its quotation if it is not willing to transact with any
- more of the order at the same price. For example, if as a result of displaying
- a more competitive offer, an exchange is sent an order to buy 50 contracts
- that was originally received by another exchange, it may buy fewer than 50
- contracts at its quoted price, but must then revise its quotation to reflect
- that the price is no longer available.
-
- «4» Commentary .09 to PSE Rule 6.37 provides that a reasonable period of time
- is presumed to be two minutes. The Commentary further provides, however, that
- the revised market can be changed before the two minutes are up if there is:
- (a) a change in the market quote in the underlying security or a change in the
- size of the market quoted; or (b) a quote change of 1/4 of a point (or twice
- the minimum price differential), in another options series on the same
- underlying security, resulting from a customer order. Finally, the Commentary
- provides that two floor officials may grant exemptions from the trade or
- update requirements contained in Rule 6.37 if the individual situation
- warrants such action.
-
- The Commission finds that the proposed rule change is consistent with the
- requirements of the Act and the rules and regulations thereunder applicable to
- a national securities exchange, and, in particular, the requirements of
- Section 6(b)(5).«5» Specifically, the Commission finds that requiring PSE
- market makers and lead market makers to execute orders or update their markets
- facilitates transactions in securities, protects investors and the public
- interest, and promotes fair competition among options markets by reducing the
- likelihood that an outdated quote from one options market will hinder the
- execution of an order on another options market by making such execution
- appear to be at an inferior price (i.e., a "trade-through").
-
- «5» 15 U.S.C. 78f(b)(5) (1988).
-
- Currently, in light of the expansion in the multiple trading of options, the
- options exchanges have either implemented or are working to implement systems
- upgrades which will prevent orders that are identified as potential
- "trade-troughs" from being automatically executed and will re-route these
- orders to the appropriate market maker or specialist at each exchange for
- nonautomated execution. Further, to attract order flow, many market makers and
- specialists from the different options exchanges have represented to their
- customers that they will execute the orders they receive at the best price
- available at any of the five options exchanges. The current proposal,
- therefore, will, consistent with Section 6(b)(5) of the Act, facilitate
- options transactions by encouraging PSE market makers to keep their markets
- up-to-date. This, in turn, should reduce the likelihood that outdated quotes
- will cause orders on other exchanges, that could be automatically executed, to
- be re-routed for non-automated handling. it also should reduce the likelihood
- that outdated quotes will cause orders executed on other exchanges at current
- market prices to appear to be executed at inferior prices. The Commission
- further notes that, concurrently with approval of this proposal, it is
- approving similar proposals by the American Stock Exchange ("AMEX"), Chicago
- Board Options Exchange ("CBOE"), New York Stock Exchange ("NYSE") and the
- Philadelphia Stock Exchange ("PHLX").«6»
-
- «6» See Securities Exchange Act Release No. 34431, 34432, 34433, and 34434,
- (July 22, 1994), respectively.
-
- It is therefore ordered, pursuant to Section 19(b)(2) of the Act,«7» that the
- proposed rule change (SR─PSE─92─48) is approved.
-
- «7» 15 U.S.C. 78s(b)(2) (1988).
-
- For the Commission, by the Division of Market Regulation, pursuant to
- delegated authority.«8»
-
- «8» 17 CFR 200.30─3(a)(12) (1993).
-
- Margaret H. McFarland,
-
- Deputy Secretary.
-
- [FR Doc. 94─18577 Filed 7─29─94; 8:45 am]
-
- BILLING CODE 8010─01─M
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