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These rules provide methods of calculation and steering for nationwide securities exchanges, designated contract markets, registered DTEFs, and international boards of trade in determining whether or not a safety index is narrow-based underneath the Exchange Act. Securities Markets Coalition ("Coalition"),139 raised issues over sure tax implications that these markets consider result from the definition of narrow-based security index and the foundations as proposed. As well as, the SEC believes that it's not empowered to undertake the equivalent of CEA Rule 41.14 underneath the Exchange Act, which supplies relief for futures on indexes that become broad-based mostly, as a result of the SEC has no jurisdiction over broad-based mostly security index futures. The SEC additionally received several comments concerning potential prices that might be incurred unless totally different criteria for the definition of slim-based safety index are adopted to accommodate indexes comprised of overseas securities.170 The SEC notes that the Commissions have adopted Rules 41.Thirteen below the CEA and 3a55-3 under the Exchange Act, which set up that when a futures contract on a security index is traded on or topic to the rules of a foreign board of trade, that index won't be thought-about a slender-based security index if it wouldn't be a narrow-primarily based security index if a futures contract on such index have been traded on a designated contract market or registered DTEF.
Two commenters raised issues concerning the treatment of futures on Exchange Traded Funds.140 The Commissions consider that these issues fall outside the scope of the current rulemaking and will not address them in this context. The present burden hour estimate for Rule 17a-1, as of July 20, 1998, is 50 hours per 12 months for each exchange.160 In the Proposing Release, the SEC estimated that it could take every of the eleven nationwide securities exchanges, together with discover-registered national securities exchanges, anticipated to commerce futures contracts on security indexes one hour annually to retain any paperwork made or acquired by it in determining whether or not an index is a slim-based safety index. As to the determination of which indexes qualify as broad-based mostly and that are treated as slim-based mostly, the tax laws incorporate by reference the definition of slender-primarily based security index within the Exchange Act. 2. Burden Hours National securities exchanges, together with discover-registered nationwide securities exchanges, that trade futures contacts on safety indexes shall be required to comply with the recordkeeping requirements below Rule 17a-1. https://www.gottliebgallery.com/contents/%eb%b0%94%ec%9d%b4%eb%82%b8%ec%8a%a4-%ec%a0%9c%ed%95%9c-%ec%82%ac%ed%95%ad%ec%9d%84-%ed%8f%ac%ed%95%a8%ed%95%98%ec%97%ac-%eb%b0%94%ec%9d%b4%eb%82%b8%ec%8a%a4%ec%97%90-%eb%8c%80%ed%95%b4-%ec%95%8c/ , including notice-registered nationwide securities exchanges, might be required to retain and retailer any paperwork associated to determinations made utilizing the definitions in Exchange Act Rule 3a55-1 for no less than five years, the first two years in an simply accessible place.
The CFMA requires that the determinations as to market capitalization and dollar worth of ADTV, and thus the standing of a securities index as slender-based or broad-based, be made, whereas Exchange Act Rule 17a-1 simply requires that such determinations be retained. Accordingly, to comply with https://www.18dentistms.com/contents/%eb%b0%94%ec%9d%b4%eb%82%b8%ec%8a%a4-%ea%b8%b0%eb%a1%9d/ recordkeeping necessities, a national securities exchange, together with a notice-registered nationwide securities exchange, that lists or trades futures contracts on narrow-based safety indexes can be required to preserve data of any calculations used to find out whether an index is slender-primarily based.158 B. Total Annual Reporting and Recordkeeping Burden 1. Capital Costs Rule 17a-1 under the Exchange Act requires a nationwide securities exchange, including any notice-registered national securities exchange, that trades futures contracts on a slim-based mostly safety index to carry on file for a period of no less than five years, the first two years in an easily accessible place, all records concerning their determinations that such indexes were narrow-based. This commenter noted that a single compiler of the lists will lead to constant therapy of futures on safety indexes.
The CFMA lifted the ban on the buying and selling of futures on single securities and on narrow-based mostly security indexes and established a framework for the joint regulation of those products by the CFTC and the SEC. The CFTC believes good cause exists for the foundations to become efficient on August 21, 2001, in order that eligible contract contributors might start trading the new products as contemplated by the CFMA. The CFMA gives that principal-to-principal transactions between sure eligible contract members in safety futures products could begin on August 21, 2001, or such date that a futures association registered below Section 17 of the CEA meets the necessities in Section 15A(ok)(2) of the Exchange Act.143 The CFMA lifted the ban on, and permits the trading of, futures contracts on single securities and on slender-primarily based safety indexes. The SEC proposed these guidelines on May 17, 2001. The preliminary comment period for the principles expired on June 18, 2001. The remark period, however, was prolonged by the CFTC and the SEC until July 11, 2001. After reviewing and considering the feedback acquired, the SEC is adopting the rules, which provide the methods for markets to find out whether a safety index is slender-based or broad-based mostly as required by the Exchange Act, as amended by the CFMA.
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