FR 2021-01941

Overview

Title

Program for Allocation of Regulatory Responsibilities Pursuant To Rule 17d-2; Notice of Filing and Order Approving and Declaring Effective an Amended Plan for the Allocation of Regulatory Responsibilities Between the Financial Industry Regulatory Authority, Inc. and NYSE Arca, Inc.

Agencies

ELI5 AI

The SEC said that two groups, FINRA and NYSE Arca, will share their work to make sure businesses are following the rules, so they don’t do the same work twice, helping them save money and making sure people who invest are protected.

Summary AI

The Securities and Exchange Commission (SEC) approved an updated plan between the Financial Industry Regulatory Authority (FINRA) and NYSE Arca, which aims to streamline regulatory responsibilities. This plan helps avoid the duplication of regulatory tasks for companies registered with both FINRA and NYSE Arca by specifying which organization will handle what aspects of regulation. The amendment removes certain rules from the plan and is designed to improve efficiency and reduce costs for regulated firms while ensuring investors are protected. The SEC declared the plan effective to promote better coordination between the two self-regulatory organizations.

Type: Notice
Citation: 86 FR 7590
Document #: 2021-01941
Date:
Volume: 86
Pages: 7590-7597

AnalysisAI

The document is a notice from the Securities and Exchange Commission (SEC) about an approved plan between the Financial Industry Regulatory Authority (FINRA) and NYSE Arca. Essentially, this plan is about dividing the tasks of overseeing and enforcing rules for firms that are members of both FINRA and NYSE Arca. By doing so, the plan hopes to reduce redundant work and lower costs for those firms while still protecting investors.

Summary of the Document

The document details an amendment to a previous agreement that outlines how FINRA and NYSE Arca will share regulatory responsibilities. The amendment effectively streamlines duties, with FINRA taking on some responsibilities from NYSE Arca. It specifically mentions the removal of Regulation SHO from the set of rules that FINRA will oversee, though the reasons behind this are not spelled out.

Significant Issues or Concerns

One concern with the document is its complexity. The text is dense with legal jargon and references to specific sections of the Securities Exchange Act and particular rules, making it somewhat inaccessible to those without a legal background. Additionally, while the amendment removes Regulation SHO, it doesn't explain the implications of this removal, which might cause confusion.

Another issue is the lack of clarity on financial arrangements between FINRA and NYSE Arca. The document doesn’t mention any fees or charges for these regulatory duties, which could lead to questions about how these responsibilities are supported economically.

Public Impact

For the general public, the document represents an effort to improve regulatory efficiency and minimize unnecessary costs for brokerage firms that are members of both entities. Ideally, this should lead to improved services as firms spend less on compliance and more on their operations.

Impact on Stakeholders

Brokerage Firms: For the firms registered with both FINRA and NYSE Arca, this agreement should alleviate some of the regulatory burdens and associated costs. More clarity and less duplication of efforts can lead to smoother operations and can even bring down compliance costs.

Investors: By reducing redundant regulatory tasks, the plan aims to maintain robust investor protection while ensuring these protections are enforced efficiently. Hence, investors might benefit from a more streamlined and effective oversight process.

Regulators: For FINRA and NYSE Arca, this plan intends to foster better cooperation, reducing unnecessary work and focusing resources on critical oversight tasks. However, they must ensure clear communication to prevent any regulatory gaps.

The concern remains about the document’s language and the regulatory nuances it assumes readers are familiar with. Simplifying these would make such documents more accessible to the interested public and stakeholders alike. Such transparency is crucial for maintaining trust in financial market regulations.

Issues

  • • The document does not specify any direct financial implications or spending, so there is no clear indication of wasteful spending.

  • • The document contains technical language and legal references that may be difficult for a layperson to understand, particularly the numerous references to sections of the Securities Exchange Act and specific rules.

  • • The agreement involves allocation of regulatory responsibilities but does not specify any financial compensation or charges between the organizations, which might require additional clarification.

  • • The amendment removes Regulation SHO from the Certification without providing detailed reasons or potential impacts, which may lead to ambiguity.

  • • The document uses complex legal and regulatory jargon that could be simplified for better understanding by non-experts.

  • • There is a strong reliance on prior documents and amendments (e.g., securities exchange releases), which might require the reader to have background knowledge to fully comprehend the context.

Statistics

Size

Pages: 8
Words: 6,422
Sentences: 196
Entities: 597

Language

Nouns: 2,152
Verbs: 482
Adjectives: 314
Adverbs: 118
Numbers: 233

Complexity

Average Token Length:
5.09
Average Sentence Length:
32.77
Token Entropy:
5.59
Readability (ARI):
22.77

Reading Time

about 25 minutes