Federal Register - February 18, 2021
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Fuente: Federal Register
10140
Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices
SECURITIES AND EXCHANGE
COMMISSION
Release No. 3491117; File No. 10133
Self-Regulatory Organizations;
OneChicago, LLC; Order Granting OneChicago, LLCs Request To Withdraw From Registration as a National Securities Exchange Solely for the Purposes of Trading Security Futures Products February 11, 2021.
I. Introduction On September 21, 2020, OneChicago, LLC OneChicago or Exchange filed with the Securities and Exchange Commission Commission notice of withdrawal of its registration as a national securities exchange solely for the purposes of trading security futures products, effective September 30, 2020,1
pursuant to Section 19a3 of the Securities Exchange Act of 1934
Exchange Act.2 The Commission published notice of OneChicagos notice of withdrawal in the Federal Register on December 29, 2020.3 The Commission received no comments regarding the notice of withdrawal. For the reasons discussed below, the Commission is granting OneChicagos request to withdraw its registration as a national securities exchange solely for the purposes of trading security futures products and is requiring OneChicago to retain and produce upon request certain records.
II. Discussion and Commission Findings
jbell on DSKJLSW7X2PROD with NOTICES
Prior to September 18, 2020, OneChicago operated as a national securities exchange solely for the purposes of trading security futures products, pursuant to 15 U.S.C. 78fg.4
On August 13, 2020, OneChicago released Notice to Members 202007, which announced that its controlling ownership, after a strategic review, determined to close the Exchange, with the last day of trading to be September 18, 2020.5 OneChicago stated that it had notified all impacted customers.6 The Exchange also stated that in order to maintain an orderly market through the closing process, pursuant to Exchange 1 See letter from Thomas G. McCabe, Chief Regulatory Officer, OneChicago, to Vanessa Countryman, Secretary, Commission, dated September 21, 2020 McCabe Letter.
2 15 U.S.C. 78sa3.
3 Securities Exchange Act Release No. 90764
December 21, 2020, 85 FR 85778 December 29, 2020 File No. 10133.
4 See McCabe Letter, supra note 1, at 1.
5 See id.
6 See id.
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Rule 421 Emergencies, on September 4, 2020, the Exchange had announced that the December 18, 2020 contract expiration and the March 19, 2021
contract expirations would be accelerated to September 18, 2020.7
OneChicago further represented that it ceased trading operations as of September 18, 2020, and that as of September 21, 2020, it had closed its trading facility and all positions had been closed out.8
Pursuant to Section 19a3 of the Exchange Act,9 OneChicago filed with the Commission a notice of withdrawal from registration as a national securities exchange solely for the purposes of trading security futures products, effective September 30, 2020.10 The Exchange stated that, pursuant to 7
U.S.C. 11, it also had requested that, effective December 21, 2020, the Commodity Futures Trading Commission CFTC vacate OneChicagos registration as a designated contract market.11 The CFTC
has issued an order of vacation, effective December 21, 2020, vacating OneChicagos designation as a contract market.12 Pursuant to Section 6g2C
of the Exchange Act,13 the Exchanges registration as a national securities exchange solely for the purposes of trading security futures products would have otherwise terminated upon the CFTCs order of vacation becoming effective on December 21, 2020, as OneChicago would no longer meet the condition of being designated by the CFTC as a contract market.14
Nonetheless, OneChicago filed a notice of withdrawal to take affirmative action to withdraw its registration earlier, effective September 30, 2020.15
Subsequent to the submission of the notice of withdrawal, the Exchange further represented to the Commission that it will: i Maintain, for a period of 5 years from the effective date of the withdrawal of OneChicagos registration as a national securities exchange solely for the purposes of trading security futures products, all documents, books, and records, including correspondence, memoranda, papers, notices, accounts and other records collectively
records made or received by it in connection with proposed rule changes filed with the Commission or in connection with its operations as a national securities exchange as required to be maintained under Rule 17a1a and b; 16 and ii produce such records and furnish such information at the request of any representative of the Commission.17
As noted above, no comments were received in response to the published notice of OneChicagos notice of withdrawal of its registration as a national securities exchange solely for the purposes of trading security futures products, which included the Exchanges representations regarding maintenance of records and record production. Based upon the representations made by OneChicago to the Commission, the Commission has determined that granting OneChicagos request to withdraw from registration is appropriate.
III. Conclusion It is therefore ordered, pursuant to Section 19a3 of the Exchange Act,18
that:
1 Effective September 30, 2020, OneChicagos registration as a national securities exchange solely for the purposes of trading security futures products under Section 6g of the Exchange Act is withdrawn; and 2 For a period of 5 years from the effective date of withdrawal of registration as a national securities exchange solely for the purposes of trading security futures products, OneChicago will maintain all the records required to be maintained pursuant to Rule 17a1a and b which are in OneChicagos possession and will produce such records upon the request of any representative of the Commission.
By the Commission.
Vanessa A. Countryman, Secretary.
FR Doc. 202103218 Filed 21721; 8:45 am BILLING CODE 801101P
7 See
id.
8 See id.
9 15 U.S.C. 78sa3.
10 See McCabe Letter, supra note 1, at 1.
11 See id.
12 See In the Matter of the Notice of OneChicago LLC Requesting Vacation of Designation as a Contract Market, Order of Vacation December 21, 2020.
13 15 U.S.C. 78fg2C.
14 See McCabe Letter, supra note 1, at 1. See also 15 U.S.C. 78fg1A.
15 See McCabe Letter, supra note 1, at 1.
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16 See
17 CFR 240.17a1a and b.
email from David Downey, Chief Executive Officer, OneChicago, to David Dimitrious, Division of Trading and Markets, dated December 4, 2020.
18 15 U.S.C. 78sa3.
17 See
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