Federal Register: December 29, 2004 (Volume 69, Number 249)
DOCID: FR Doc E4-3862
SECURITIES AND EXCHANGE COMMISSION
Securities and Exchange Commission
DOCUMENT ID: [Release No. 34-50895; File No. SR-OCC-2004-11]
NOTICE: NOTICES
ACTION: Self-regulatory organizations; proposed rule changes:
SUBJECT CATEGORY:
Self-Regulatory Organizations; The Options Clearing Corporation; Order Granting Approval of a Proposed Rule Change Relating to Yield- Based Treasury Options
DOCUMENT SUMMARY:
December 20, 2004.
I. Introduction
On June 8, 2004, The Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') proposed
rule change SROCC200411 pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'').\1\ Notice of the proposal
was published in the Federal Register on October 5, 2004.\2\ No comment
letters were received. For the reasons discussed below, the Commission is granting approval of the proposed rule change.
\1\ 15 U.S.C. 78s(b)(1).
\2\ Securities Exchange Act Release No. 50466, (September 29, 2004), 69 FR 59634.
II. Description
The proposed rule change updates two sections of OCC's ByLaws pertaining to yieldbased Treasury options in order to conform those sections to the corresponding provisions of OCC's ByLaws governing index options.
Article XVI, Section 3(c) of OCC's ByLaws currently provides OCC
with the authority to adjust outstanding options in a class of yield
based Treasury options in the event that an exchange decreases the
multiplier. Section 3(c) will now provide for the possibility that an
exchange might increase rather than decrease the multiplier and grants
OCC the flexibility to adjust any outstanding options accordingly. This
rule change is similar to a previously approved OCC rule change pertaining to the adjustment of index option contracts.\3\
\3\ Securities Exchange Act Release No. 44184 (April 16, 2001), 66 FR 20342 (April 20, 2001) [File No. SROCC9912].
Article XVI, Section 4 of OCC's ByLaws currently provides OCC with
the authority to fix the exercise settlement amount for exercised
yieldbased Treasury option contracts ``in accordance with the best
information available as to the correct settlement value of the
underlying yield'' if OCC determines that the settlement value of the
underlying yield is unreported or otherwise unavailable for purposes of
calculating the settlement amount for exercised contracts. Until
recently, the Chicago Board Options Exchange (``CBOE''), on which
yieldbased Treasury options are traded, had a rule setting forth a
specific method for determining the settlement value of the yield in
the event the reporting authority failed to supply a settlement value.
The CBOE rule setting forth that method, a random poll of a minimum of
ten primary government bond dealers, was eliminated on December 2,
2003, when the Commission accepted for immediate effectiveness a CBOE
rule filing deleting it. In that filing, CBOE adopted a provision
stating that the settlement value would be determined in accordance with OCC's ByLaws and Rules.\4\
\4\ Securities Exchange Act Release No. 48865 (December 2,
2003), 68 FR 68676 (December 9, 2003) [File No. SRCBOE200348].
The repeal of the CBOE rule prompted OCC to review its own rules
governing the setting of exercise settlement values for yieldbased
Treasury options. OCC is now amending Article XVI, Section 4 to give
OCC substantially the same discretion in fixing exercise settlement
values for yieldbased Treasury options as it has under Article XVII,
Section 4 governing index options.\5\ As noted in the order approving
OCC's rule change for index options, OCC's authority to fix exercise
settlement values in unusual market conditions should be sufficiently
broad to ensure that such values are consistent with the settlement
values established for related products in other markets whenever that result is deemed
[[Page 78086]]
to be in the best interest of investors.\6\ While Article VI, Section
4(a)(2) as currently drafted is also broad, OCC believes that its
authority should be expressed in language parallel to other ByLaws
provisions that expressly acknowledge that a settlement price may be
fixed based either on the last reported price before a market
disruption or the next reported price following the disruption or by some other method.
\5\ A draft supplement to the Options Disclosure Document
(``ODD'') that describes the substance of the ByLaws changes
proposed herein will be filed with the Commission pursuant to Rule
9b1 under the Act. Implementation of this rule change will be
coordinated with the distribution of the related ODD supplement.
\6\ Securities Exchange Act Release No. 46561 (September 26,
2002), 67 FR 61943 (October 2, 2002) [File No. SROCC200209].
As with index options, under revised Article XVI, Section 4(a)(2) the settlement value of yieldbased Treasury options will be fixed by an adjustment panel consisting of representatives of the exchange or exchanges on which the affected series of options is traded. Also, under revised Section 4(a)(3), in the event the adjustment panel delays fixing a settlement value beyond the expiration date of the affected series, the normal exercise by exception procedures will not apply. Instead, options that are in the money by one dollar or more would be deemed to have been irrevocably exercised prior to the expiration time.
OCC believes that the proposed rule change is consistent with the purposes and requirements of Section 17A of the Act, as amended, because it is designed to promote the prompt and accurate clearance and settlement of securities transactions, foster cooperation and coordination with persons engaged in the clearance and settlement of securities transactions, remove impediments to the mechanisms of a national system for the prompt and accurate clearance and settlement of securities transactions, and, in general, to protect investors and the public interest. The proposed changes promote these objectives by providing OCC with flexibility in responding to unanticipated events. III. Discussion
Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of a clearing agency be designed to promote prompt and
accurate clearance and settlement of securities transactions.\7\ The
proposed rule change will allow OCC to make an adjustment to the
multiplier of yieldbased Treasury options in coordination with such an
adjustment by an exchange and more clearly defines the method OCC will
use to make a settlement adjustment for yieldbased Treasury options in
the event the settlement value is not available. By aligning OCC's
rules for yieldbased Treasury option rules with OCC's rules for index
options, which have been previously approved by the Commission, the
proposed rule change is designed to add uniformity and certainty to
OCC's rules and therefore should help to promote prompt and accurate clearance and settlement of securities transactions.
\7\ 15 U.S.C. 78q1(b)(3)(F).
IV. Conclusion
On the basis of the foregoing, the Commission finds that the proposed rule change is consistent with the requirements of the Act and in particular Section 17A of the Act and the rules and regulations thereunder.
It is therefore ordered, pursuant to Section 19(b)(2) of the Act, that the proposed rule change (File No. SROCC200411) be and hereby is approved.
For the Commission by the Division of Market Regulation, pursuant to delegated authority.\8\
\8\ 17 CFR 200.303(a)(12).
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E43862 Filed 122804; 8:45 am]
BILLING CODE 801001P
SUMMARY:
Options Clearing Corp.,
DOCUMENT BODY 2:
December 20, 2004.
I. Introduction
On June 8, 2004, The Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') proposed
rule change SROCC200411 pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'').\1\ Notice of the proposal
was published in the Federal Register on October 5, 2004.\2\ No comment
letters were received. For the reasons discussed below, the Commission is granting approval of the proposed rule change.
\1\ 15 U.S.C. 78s(b)(1).
\2\ Securities Exchange Act Release No. 50466, (September 29, 2004), 69 FR 59634.
II. Description
The proposed rule change updates two sections of OCC's ByLaws pertaining to yieldbased Treasury options in order to conform those sections to the corresponding provisions of OCC's ByLaws governing index options.
Article XVI, Section 3(c) of OCC's ByLaws currently provides OCC
with the authority to adjust outstanding options in a class of yield
based Treasury options in the event that an exchange decreases the
multiplier. Section 3(c) will now provide for the possibility that an
exchange might increase rather than decrease the multiplier and grants
OCC the flexibility to adjust any outstanding options accordingly. This
rule change is similar to a previously approved OCC rule change pertaining to the adjustment of index option contracts.\3\
\3\ Securities Exchange Act Release No. 44184 (April 16, 2001), 66 FR 20342 (April 20, 2001) [File No. SROCC9912].
Article XVI, Section 4 of OCC's ByLaws currently provides OCC with
the authority to fix the exercise settlement amount for exercised
yieldbased Treasury option contracts ``in accordance with the best
information available as to the correct settlement value of the
underlying yield'' if OCC determines that the settlement value of the
underlying yield is unreported or otherwise unavailable for purposes of
calculating the settlement amount for exercised contracts. Until
recently, the Chicago Board Options Exchange (``CBOE''), on which
yieldbased Treasury options are traded, had a rule setting forth a
specific method for determining the settlement value of the yield in
the event the reporting authority failed to supply a settlement value.
The CBOE rule setting forth that method, a random poll of a minimum of
ten primary government bond dealers, was eliminated on December 2,
2003, when the Commission accepted for immediate effectiveness a CBOE
rule filing deleting it. In that filing, CBOE adopted a provision
stating that the settlement value would be determined in accordance with OCC's ByLaws and Rules.\4\
\4\ Securities Exchange Act Release No. 48865 (December 2,
2003), 68 FR 68676 (December 9, 2003) [File No. SRCBOE200348].
The repeal of the CBOE rule prompted OCC to review its own rules
governing the setting of exercise settlement values for yieldbased
Treasury options. OCC is now amending Article XVI, Section 4 to give
OCC substantially the same discretion in fixing exercise settlement
values for yieldbased Treasury options as it has under Article XVII,
Section 4 governing index options.\5\ As noted in the order approving
OCC's rule change for index options, OCC's authority to fix exercise
settlement values in unusual market conditions should be sufficiently
broad to ensure that such values are consistent with the settlement
values established for related products in other markets whenever that result is deemed
[[Page 78086]]
to be in the best interest of investors.\6\ While Article VI, Section
4(a)(2) as currently drafted is also broad, OCC believes that its
authority should be expressed in language parallel to other ByLaws
provisions that expressly acknowledge that a settlement price may be
fixed based either on the last reported price before a market
disruption or the next reported price following the disruption or by some other method.
\5\ A draft supplement to the Options Disclosure Document
(``ODD'') that describes the substance of the ByLaws changes
proposed herein will be filed with the Commission pursuant to Rule
9b1 under the Act. Implementation of this rule change will be
coordinated with the distribution of the related ODD supplement.
\6\ Securities Exchange Act Release No. 46561 (September 26,
2002), 67 FR 61943 (October 2, 2002) [File No. SROCC200209].
As with index options, under revised Article XVI, Section 4(a)(2) the settlement value of yieldbased Treasury options will be fixed by an adjustment panel consisting of representatives of the exchange or exchanges on which the affected series of options is traded. Also, under revised Section 4(a)(3), in the event the adjustment panel delays fixing a settlement value beyond the expiration date of the affected series, the normal exercise by exception procedures will not apply. Instead, options that are in the money by one dollar or more would be deemed to have been irrevocably exercised prior to the expiration time.
OCC believes that the proposed rule change is consistent with the purposes and requirements of Section 17A of the Act, as amended, because it is designed to promote the prompt and accurate clearance and settlement of securities transactions, foster cooperation and coordination with persons engaged in the clearance and settlement of securities transactions, remove impediments to the mechanisms of a national system for the prompt and accurate clearance and settlement of securities transactions, and, in general, to protect investors and the public interest. The proposed changes promote these objectives by providing OCC with flexibility in responding to unanticipated events. III. Discussion
Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of a clearing agency be designed to promote prompt and
accurate clearance and settlement of securities transactions.\7\ The
proposed rule change will allow OCC to make an adjustment to the
multiplier of yieldbased Treasury options in coordination with such an
adjustment by an exchange and more clearly defines the method OCC will
use to make a settlement adjustment for yieldbased Treasury options in
the event the settlement value is not available. By aligning OCC's
rules for yieldbased Treasury option rules with OCC's rules for index
options, which have been previously approved by the Commission, the
proposed rule change is designed to add uniformity and certainty to
OCC's rules and therefore should help to promote prompt and accurate clearance and settlement of securities transactions.
\7\ 15 U.S.C. 78q1(b)(3)(F).
IV. Conclusion
On the basis of the foregoing, the Commission finds that the proposed rule change is consistent with the requirements of the Act and in particular Section 17A of the Act and the rules and regulations thereunder.
It is therefore ordered, pursuant to Section 19(b)(2) of the Act, that the proposed rule change (File No. SROCC200411) be and hereby is approved.
For the Commission by the Division of Market Regulation, pursuant to delegated authority.\8\
\8\ 17 CFR 200.303(a)(12).
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E43862 Filed 122804; 8:45 am]
BILLING CODE 801001P