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The new guidelines require national securities exchanges, designated contract markets, registered DTEFs, and international boards of trade to collect info to ascertain the market capitalization and dollar value of ADTV for element securities of an index with respect to every day, in sure circumstances taking into consideration data for the preceding 6 full calendar months. In the Proposing Release, the SEC estimated that any additional prices of retaining and storing the collected info discussed above can be nominal because national securities exchanges, together with discover-registered nationwide securities exchanges that have been designated as contract markets by, or registered as DTEFs with, the CFTC, are at present required to have recordkeeping methods in place.159 The SEC obtained no direct comments on the prices of data retention and storage. The buying and selling of futures contracts on broad-based mostly security indexes will likely be underneath the only jurisdiction of the CFTC and could also be traded only on designated contract markets, and registered DTEFs. The new rule gives a limited exclusion from the definition of "slim-primarily based safety index" for an index underlying a futures contract that has traded for lower than 30 days, as long as the index meets sure specified standards.
New Rule 3a55-2 beneath the Exchange Act excludes from the definition of slim-primarily based security index those safety indexes on which futures contracts have traded on a chosen contract market, a registered DTEF, or foreign board of trade for fewer than 30 days and change into narrow-based, offered that they meet certain standards. The calculations required beneath the new rules for market capitalization and dollar worth of ADTV may require additional knowledge storage.173 A nationwide securities exchange, designated contract market, or registered DTEF will want to consider tips on how to store the info-whether or not to take care of arduous copies or electronic copies of all the computations. The whole burden in complying with Rule 17a-1 for each national securities exchange, including discover registered national securities exchanges, below new Rule 3a55-1 is therefore estimated to be 11 hours. The current burden hour estimate for Rule 17a-1, as of July 20, 1998, is 50 hours per year for every exchange.160 In the Proposing Release, the SEC estimated that it could take every of the 11 nationwide securities exchanges, including notice-registered national securities exchanges, anticipated to trade futures contracts on security indexes one hour annually to retain any documents made or received by it in determining whether or not an index is a slender-based safety index.
2. Burden Hours National securities exchanges, together with notice-registered nationwide securities exchanges, that commerce futures contacts on security indexes will be required to comply with the recordkeeping necessities below Rule 17a-1. National securities exchanges, together with discover-registered national securities exchanges, will be required to retain and store any paperwork associated to determinations made using the definitions in Exchange Act Rule 3a55-1 for at least 5 years, the first two years in an simply accessible place. https://feddersen-stefansen.hubstack.net/remarkable-website-binance-smart-chain-will-help-you-get-there to the principles change somewhat the methodology used to find out whether or not a safety index is slim-based or broad-primarily based but don't, in any way, alter the recordkeeping burden associated with the preservation of the information of these calculations, i.e., the collection of information required pursuant to Rule 17a-1 below the Exchange Act.152 Any collection of data pursuant to the new guidelines is obligatory and can have to be retained by the national securities exchanges, together with national securities exchanges registered pursuant to Section 6(g) of the Exchange Act ("discover-registered national securities exchanges"), for a minimum of 5 years; for the primary two years, the knowledge have to be stored in an easily accessible place, as required below Exchange Act Rule 17a-1. A. The Use and Disclosure of the knowledge Collected The knowledge collected to adjust to the strategies to find out market capitalization and greenback worth of ADTV that are set forth in the final guidelines is required by the CFMA.
Rule 3a55-1 beneath the Exchange Act specifies the tactic to determine market capitalization and dollar worth of ADTV with respect to the definition of slender-primarily based safety index.156 Thus, the ultimate rule gives the strategies by which a market trading a futures contract on a security index must decide the market capitalization and dollar worth of ADTV to ascertain whether or not a security index on which it proposes to commerce, or is trading, a futures contract is slim-primarily based, and thus is topic to the joint jurisdiction of the CFTC and the SEC. Under the statutory definition of slim-based mostly security index, the market capitalization and greenback worth of ADTV have to be calculated "as of the previous 6 full calendar months." Rule 3a55-1 specifies a "rolling" 6 month interval, i.e., with respect to a specific day, the "preceding 6 full calendar months" will mean the period of time beginning on the identical calendar date 6 months earlier than and ending on the day previous to that day.
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