FR 2021-04092

Overview

Title

Order Granting Application by Cboe C2 Exchange, Inc. for Exemption Pursuant to Section 36(a) of the Exchange Act From the Rule Filing Requirements of Section 19(b) of the Exchange Act With Respect to Certain Rules Incorporated by Reference

Agencies

ELI5 AI

Cboe C2 Exchange asked if they could use rules from another exchange without having to make new ones, and the SEC said yes, as long as they tell their members about any changes. This way, both exchanges can use the same rules, making things easier and avoiding confusion.

Summary AI

Cboe C2 Exchange, Inc. applied for an exemption from certain rule filing requirements of the Securities Exchange Act, allowing them to incorporate rules from the Cboe Exchange, Inc. without filing separate changes. This would help maintain consistency between Cboe C2 rules and Cboe rules, ensuring that members trading on both exchanges follow the same standards. The Securities and Exchange Commission (SEC) granted this exemption, provided that Cboe C2 notifies its members about any changes to the Cboe rules. The SEC believes this approach will save time and resources and protect investors by avoiding conflicting regulations.

Type: Notice
Citation: 86 FR 12052
Document #: 2021-04092
Date:
Volume: 86
Pages: 12052-12053

AnalysisAI

The document details an exemption granted by the Securities and Exchange Commission (SEC) to Cboe C2 Exchange, Inc., allowing it to bypass certain rule filing requirements. Specifically, this exemption permits Cboe C2 to incorporate rules from Cboe Exchange, Inc. directly into their own without the need to file for each individual rule change. This move aims to simplify and streamline regulatory processes, ideally maintaining consistency in rules and standards between entities for those trading on both exchanges.

Summary of the Document

This notice from the Federal Register announces that the SEC granted an exemption to Cboe C2 Exchange, Inc. from the usual requirement of submitting rule filings individually. The exchange can now incorporate certain rules from the Cboe Exchange by reference, which means that when Cboe makes changes to specific rules, Cboe C2 can adopt these changes directly. The idea here is to ensure that members of both exchanges are regulated uniformly, simplifying compliance for those trading on both platforms. One condition for this exemption is that Cboe C2 must notify its members whenever Cboe makes a change to a rule that has been incorporated by reference.

Significant Issues and Concerns

There are several issues to note. Firstly, the document is replete with technical and legal jargon, making it a challenging read for those not deeply familiar with financial regulatory language. It references numerous sections and rules from the Exchange Act and Cboe Options rulebook, presupposing an understanding of these documents. For the layperson, the constant references and citations could be overwhelming and obscure the overall meaning.

Additionally, there are potential concerns about regulatory transparency. While this exemption ostensibly reduces the burden of filing duplicated rules, it might also lessen the oversight typically involved in rule changes. Consolidating rule changes without direct filings could raise questions about how thoroughly these changes are evaluated.

Public Impact

For the general public, especially those investing or trading in exchanges like Cboe, this exemption could indirectly affect them by promoting more efficient regulation processes. Ideally, this could lead to a more stable trading environment with clear and consistent regulations. However, the inner workings remain hidden from average investors, who might not immediately understand the implications of such regulatory exemptions.

Stakeholder Impact

For Cboe C2 and its members, this exemption is beneficial. It allows for reduced administrative overhead and eliminates the need to file each rule change separately—saving time and resources. This should streamline their operational processes, allowing them to focus more on trading activities rather than getting bogged down with administrative tasks.

However, some stakeholders might raise concerns over transparency and the potential for changes to be made without adequate scrutiny. Investors and regulatory watchdogs might see this move as prioritizing efficiency over thorough oversight, potentially compromising regulatory robustness.

In conclusion, while the document outlines a strategy to streamline and standardize regulations across exchanges, it brings forth complexities in understanding and potential risks in oversight that merit careful consideration.

Issues

  • • The document uses legal and financial jargon, which may be complex and difficult to understand for individuals who lack expertise in financial regulation.

  • • The document references multiple sections and rules that may not be immediately clear to those unfamiliar with the specific regulations and rule structures of the Cboe C2 Exchange and Cboe Options rulebook.

  • • The document contains numerous citations and footnotes, which could make it difficult for readers to follow without constantly referencing additional documents for clarification.

  • • There is potentially an implicit privileging of the Cboe C2 Exchange and Cboe Options, as they can incorporate rules by reference without going through the standard filing requirements, which might raise concerns about regulatory transparency and oversight.

Statistics

Size

Pages: 2
Words: 2,338
Sentences: 86
Entities: 317

Language

Nouns: 749
Verbs: 153
Adjectives: 60
Adverbs: 65
Numbers: 214

Complexity

Average Token Length:
5.71
Average Sentence Length:
27.19
Token Entropy:
5.18
Readability (ARI):
22.45

Reading Time

about 9 minutes