95-4994. Self-Regulatory Organizations; Notice of Filing of Proposed Rule Change by American Stock Exchange, Inc. Relating to Membership Structure and Requirements  

  • [Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
    [Notices]
    [Pages 11153-11157]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-4994]
    
    
    
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    SECURITIES AND EXCHANGE COMMISSION
    
    [Release No. 34-35411; File No. SR-Amex-95-08]
    
    
    Self-Regulatory Organizations; Notice of Filing of Proposed Rule 
    Change by American Stock Exchange, Inc. Relating to Membership 
    Structure and Requirements
    
    February 22, 1995.
        Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
    (``Act''), 15 U.S.C. 78s(b)(1), notice is hereby given that on February 
    17, 1995, the American Stock Exchange, Inc. (``Amex'' or ``Exchange'') 
    filed with the Securities and Exchange Commission (``Commission'' or 
    ``SEC'') the proposed rule change as described in Items I, II and III 
    below, which Items have been prepared by the self-regulatory 
    organization.\1\ The Commission is publishing this notice to solicit 
    comments on the proposed rule change from interested persons.
    
        \1\This filing withdraws and replaces File No. SR-Amex-94-23, 
    which was noticed for comment in Securities Exchange Act Release No. 
    34968 (November 10, 1994), 59 FR 59804 (November 18, 1994). The 
    prior Amex proposal and the comments received in response thereto 
    are available at the Commission.
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    I. Self-Regulatory Organization's Statement of the Terms of Substance 
    of the Proposed Rule Change
    
        The Exchange is proposing certain revisions to its Constitution, 
    Rules and Membership Lease Plan regarding membership structure and 
    requirements. The text of the proposed rule change is available at the 
    Office of the Secretary, the Amex, and at the 
    Commission. [[Page 11154]] 
    
    II. Self-Regulatory Organization's Statement of the Purpose of, and 
    Statutory Basis for, the Proposed Rule Change
    
        In its filing with the Commission, the self-regulatory organization 
    included statements concerning the purpose of and basis for the 
    proposed rule change and discussed any comments it received on the 
    proposed rule change. The text of these statements may be examined at 
    the places specified in Item IV below. The self-regulatory organization 
    has prepared summaries, set forth in Section A, B, and C below, of the 
    most significant aspects of such statements.
    
    A. Self-Regulatory Organization's Statement of the Purpose of, and 
    Statutory Basis for, the Proposed Rule Change
    
    1. Purpose
    
    Background
    
        The Exchange Member Ownership Issues Committee was established in 
    June of 1992 to examine the need for changes and revisions in the 
    Exchange's membership structure and requirements. Following an 
    extensive review, the Committee recommended certain changes in order to 
    update the membership structure and respond to the expressed needs of 
    the membership. These changes, which have been approved by the 
    Exchange's Board of Governors and membership, are described below.
    
    Seat Ownership
    
        Currently, each of the 661 regular memberships and 203 options 
    principal memberships are held in the name of an individual member.\2\ 
    Member firms and member corporations may beneficially own these 
    memberships by designating an individual (typically a general partner 
    or employee of a member firm or an officer or employee of a member 
    corporation) nominally to own the seat in their behalf. This is 
    accomplished by either using a lease\3\ or an a-b-c agreement.\4\ In 
    the case of a lease, a member organization must also place the lease in 
    the name of an individual nominee as lessor.
    
        \2\Both regular members and options principal members are 
    exchange members as defined in Section 3(a)(3) of the Act. A regular 
    member may execute transactions in both equities and derivatives. In 
    contrast, an options principal member is limited to trading as 
    principal in options and other derivative products. For further 
    discussion of types of memberships, see Art. IV. Sec. 1 of the Amex 
    Constitution.
        \3\As noted below, the lease must be executed by the nominal 
    seat owner, rather than the member organization with which such 
    individual is associated and which is the beneficial owner of the 
    membership.
        \4\An a-b-c agreement is an arrangement between the individual 
    who nominally owns a seat and the member organization with which 
    such individual is associated and which is the beneficial owner of 
    the membership. Upon termination of the a-b-c agreement, the 
    individual must either (1) retain the membership and pay the member 
    organization the amount necessary to purchase another membership; 
    (2) sell the membership with the proceeds paid over to the member 
    organization; or (3) transfer the membership to a person designated 
    by the member organization.
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        Individuals are not permitted to own more than one seat. Member 
    organizations, on the other hand, may own multiple seats beneficially, 
    but each seat must be nominally owned by an individual member.
        The Exchange proposes to eliminate the requirement that seats be 
    individually owned. The Amex believes that this requirement is outdated 
    and not responsive to the needs of the member community. Several other 
    exchanges permit organizations, as well as individuals, to own 
    memberships (e.g., the Chicago Board Options Exchange (``CBOE''), the 
    New York Futures Exchange and the Pacific Stock Exchange (``PSE'')).
        Under the proposal, an organization would be able to be both legal 
    and beneficial owner of one or more memberships. The organization would 
    be able to lease a seat to a lessee or to designate an individual as 
    nominee to ``operate'' the seat. As a general matter, nominees (like 
    lessees) would be deemed to be members of the Exchange and would be 
    subject to all of the obligations and enjoy all the privileges of 
    membership under the Exchange Constitution and Rules, except (1) for 
    purposes of participating in any distribution of Exchange assets or 
    funds upon liquidation, dissolution or winding up of the affairs of the 
    Exchange and (2) ultimate control of the membership would rest with the 
    organization owner.\5\ The a-b-c agreement would no longer be required. 
    It would be replaced with another document to authorize the nominee to 
    act on the member organization's behalf in all Exchange matters and to 
    provide that the member organization is responsible for all the 
    nominee's Exchange-related obligations.
    
        \5\As discussed below, see infra note 9 and accompanying text, 
    the owner would retain the right to vote seats held by nominees and 
    certain lessees.
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        The proposal also would permit both individuals and organizations 
    to own multiple memberships. Individuals would be able to lease their 
    additional seats, or to designate nominees to ``operate'' the seats and 
    act as their employees.
        A number of members have indicated that they would be interested in 
    acquiring more than one membership. The Exchange finds no compelling 
    reason to continue to prohibit multiple memberships. In this regard, it 
    should be noted that the CBOE, the PSE, the Philadelphia Stock Exchange 
    (``Phlx'') and virtually all commodities exchanges permit multiple 
    ownership.
    
    Leasing
    
        Currently, both the lessor and the lessee of a leased seat must be 
    individuals. Because, under the proposal, organizations would be 
    permitted to own seats directly, as well as beneficially, the member 
    organization may be the lessor. Such member organization would not be 
    required to designate a nominee as the lessor on the seat.
    
    Claims Procedure
    
        Under the current rules, no member may sell or transfer his 
    membership unless he does so pursuant to established Exchange 
    procedures. All transfers must be posted on the Exchange Bulletin Board 
    and published in the Weekly Bulletin for at least seven days. During 
    this time, other members and member organizations must file their 
    claims against the seat with the Exchange. The same procedures are used 
    for intrafirm transfers. Before the seat can be transferred to another 
    employee in the firm, the firm is required to satisfy any outstanding 
    claims.
        Basically, the same transfer and claims procedures would be 
    utilized under the new membership structure. In addition, the 
    designation of a nominee by a seat owner would be deemed to be a 
    transfer, and the posting and claims procedures would apply.
    Subordination of Membership to Trading Losses and Debts
    
        Currently, all memberships are subordinated to (i.e., ``stand 
    behind'') the trades of the member in whose name the seat is held. In 
    the case of a leased seat, the lessor's seat is at risk for his 
    lessee's's trading losses and other debts incurred in connection with 
    membership. In the case of seats held pursuant to a-b-c agreements, 
    member organizations are responsible for obligations that their a-b-c 
    seatholders incur.\6\
    
        \6\A member organization is responsible even if its a-b-c 
    seatholder's obligations exceed the value of the seat.
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        The above requirements would remain the same under the proposal. If 
    an individual or organization owns multiple memberships that are held 
    subject to one or more leases, only the [[Page 11155]] seat used by a 
    given lessee's would stand behind that lessee trades. If, however, an 
    individual or organization owns multiple memberships as to which 
    nominees have been designated, all of the owner's seats would stand 
    behind the trades of any nominee.
    
    Fees
    
        Currently, when a seat is sold, the initiation fee is $2,500 for 
    both a regular and options principal membership. The initiation fee on 
    a nominal transfer (i.e., within a firm pursuant to an a-b-c 
    agreement)\7\ is $2,500 for a regular membership and $500 for an 
    options principal membership. When a membership is transferred to a 
    lessee, the initiation fee is $1,500 for a regular membership and $500 
    for an options principal membership. Dues for all members are $750 per 
    year. Floor facilities fees are $1,400 per year for active members.
    
        \7\See supra, note 4 and accompanying text.
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        The Exchange is proposing to change the fee structure in order to 
    equalize fees between regular and options principal memberships.\8\ The 
    initiation fee of $2,500 when a seat is sold would be retained for both 
    regular and options principal memberships. However, all nominal 
    transfers (i.e., intra-firm) and leases would be subject to a $1,500 
    initiation fee. Changes in nominees would be deemed to be nominal 
    transfers. According to the Exchange, it does not appear to be 
    necessary or appropriate to retain the disparity in initiation fees for 
    nominal and lease transfers of regular and options principal 
    memberships in view of the fact that the administrative expenses (i.e., 
    staff time and paperwork) attributable to the two types of membership 
    are identical.
    
        \8\This proposal would not affect any change to annual dues or 
    other fees.
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        The Exchange, however, does not believe that it would be 
    appropriate for the initiation fee requirement to deter members from 
    taking advantage of the new alternatives that would be available in 
    structuring ownership of Amex seats. Accordingly, for the ninety-day 
    period, after these changes become effective, no initiation fee would 
    be charged for changes in membership ownership, except for bona fide 
    sales and bona fide changes in leases or nominees. A $250 processing 
    fee would be imposed on transfers where no initiation fee is charged.
    Voting
    
        Currently, members subject to an a-b-c agreement sign an 
    irrevocable proxy giving their votes to their member organizations. The 
    organization then designates an individual (typically an employee) who 
    is authorized to vote on behalf of the membership. In the case of 
    leased seats, the vote is negotiable between the lessor and lessee.
        Under the new rules, organizations would be entitled to vote all of 
    the memberships that they own (and do not lease out) and would have to 
    designate an individual who is authorized to vote on their behalf. 
    Individuals who own more than one seat would be able to vote on behalf 
    of the seat that they are actively using, as well as the seats of their 
    nominees. With respect to leased seats, the vote would still be 
    negotiable between lessor and lessee. There would be a specific box on 
    the lease itself on which the parties would indicate who is authorized 
    to vote.\9\
    
        \9\If no specification is made, the lessee would vote the seat.
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    Gratuity Fund
    
        Currently, the Exchange Gratuity Fund (``Fund'') provides that only 
    families of regular members\10\ receive the Gratuity Fund death benefit 
    of $100,000. To fund the death benefit, each regular member contributes 
    $152 to the Fund upon becoming a member and is assessed $152 each time 
    a fellow regular member dies (subject to reduction in the first 
    assessment of the year to reflect income earned by the Fund in the 
    previous year). In the case of leased seats, the lessor is considered 
    the member for purposes of the Gratuity Fund.
    
        \10\See supra, note 2.
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        A number of changes to the Gratuity Fund are proposed. These 
    changes are intended to achieve two goals: To provide increased 
    benefits and to close ``loopholes'' which could enable persons to 
    become Participants in the Gratuity Fund under circumstances which 
    would be inappropriate.
        Under the proposal, the benefit would be increased to $125,000. The 
    amount of each assessment would fluctuate since, as discussed below, 
    the number of Participants in the Fund would vary based on who is 
    eligible at the time of a member's death and since the extent to which 
    Participants were ``phased-in'' would vary.\11\ As is currently the 
    case, Participants would have to pay both an initial assessment upon 
    becoming a Participant and an assessment each time an eligible 
    individual dies. The first group of persons to become newly eligible 
    for the Gratuity Fund upon the adoption of these changes would be 
    required to pay an initial assessment of $300.\12\ Thereafter, persons 
    who become eligible would be required to pay an initial assessment 
    based on the number of Participants in the Fund at that time.
    
        \11\For further discussion of the ``phase-in'' schedule for 
    Gratuity Fund Participants, see infra note 18 and accompanying text.
        \12\The Gratuity Fund currently maintains a reserve of $200,000, 
    the amount necessary to pay two death benefits. If the benefit is 
    increased, the reserve would be increased accordingly. The initial 
    assessment of $300 on new Participants would allow the Fund to 
    achieve this goal, and would place new Participants on a par with 
    existing Participants who, of course, paid an initial assessment 
    when they first became eligible to participate in the Fund.
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        Under the proposal, options principal members and both options 
    principal and regular member lessees (and nominees) would be included 
    in the Gratuity Fund,\13\ in additional to regular members and some 
    lessors.\14\ In order for a lessor's beneficiaries to be eligible to 
    receive a Gratuity Fund benefit, the lessor must have been ``active'' 
    on the Floor for at least two continuous years during this career (but 
    after June 10, 1993).\15\ ``Active'' is defined as meeting all Exchange 
    requirements to be active on the Floor,\16\ including passing any 
    necessary examinations and being registered as, or associated with, a 
    broker-dealer. ``Two continuous years'' is defined as two calendar 
    years, meaning a period from one date through the preceding date two 
    years hence (e.g., from May 1, 1995 through April 30, 1997). Lessees 
    and nominees would have to be currently active for their beneficiaries 
    to receive a benefit. Individuals who own seats either would have to be 
    currently active on the Floor or would have to have been active for at 
    least two continuous years during their career (but after June 10, 
    1993) in order for their beneficiaries to receive a Gratuity Fund 
    benefit.
    
        \13\Options principal members, lessees and nominees would also 
    be eligible to become trustees of the Gratuity Fund.
        \14\Lessors (and owners of seats as to which nominees have been 
    designated) could be included in the Gratuity Fund pursuant to the 
    transition arrangements, see infra notes 24-28 and accompanying 
    text, or based on their prior active status, see infra notes 15-17 
    and accompanying text.
        \15\As noted below, see infra note 28 and accompanying text, 
    June 10, 1993 would be the cut-off date for eligibility for the 
    transition arrangements.
        \16\See Para. 9176 of the Amex Guide (``Membership Requirements 
    and Admissions Procedures'').
        It should be noted that a person would not have to maintain the 
    same status for the two-year period. For example, a person who is a 
    lessee for one and a half years and who then buys the seat (or another 
    seat) and remains on it for at least six months would satisfy the 
    active requirement. In addition, a person may be off the seat for up to 
    sixty consecutive days during the two-year period without being 
    considered to have [[Page 11156]] interrupted that period. Individuals 
    would lose their right to participate in the Gratuity Fund based on 
    prior active status if there should be any five-year period in which 
    the person is not a lessor, lessee, nominee or seat owner.\17\ Lessors 
    who lose their prior active status would have to be active for another 
    two continuous years in order to requalify for the Gratuity Fund. 
    Members and nominees would either have to be currently active or active 
    for another two continuous years in order to be eligible for the 
    Gratuity Fund again.
    
        \17\This provision would apply to a person who had satisfied the 
    active requirement and thus was eligible for the Gratuity Fund based 
    on prior status and who thereafter disposed of his membership. If, 
    within five years of leaving the Exchange, such person becomes a 
    lessor or other inactive seat owner, he would retain his right to 
    participate in the Gratuity Fund. If, however, more than five years 
    pass, such person would lose his prior active status and would have 
    to requalify for the Gratuity Fund. A person who leaves the Exchange 
    would not be eligible for the Gratuity Fund benefit during any 
    period when he is not a lessor, lessee, nominee or seat owner.
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        Further, under the proposal, the Exchange would implement, for new 
    Gratuity Fund Participants, a four year ``phase-in'' schedule based 
    upon the length of time the individual in question had been a 
    Participant.\18\ The ``phase-in'' would operate as follows:
    
        \18\This schedule is similar to that used by the New York Stock 
    Exchange (``NYSE'') regarding payments from its Gratuity Fund. See 
    Art. XV, Sec. 3 of the NYSE Constitution.
        The Amex's proposed ``phase-in'' schedule would be applied only 
    on a prospective basis and would not be applicable to persons who 
    are already Gratuity Fund Participants or who become Gratuity Fund 
    Participants by virtue of the proposed amendments (e.g., options, 
    principal members and lessees) regardless of whether such persons 
    have been Participants or members for four years or more. However, 
    an existing options principal member or lessee who ``opts out'' of 
    the Gratuity Fund and on some other basis later becomes eligible 
    would at that time be subject to the ``phase-in.'' See infra notes 
    26-27 and accompanying text.
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        Upon the death of a Participant, a payment would be made based upon 
    the length of time such person had been a Participant, according to the 
    following schedule:
         Less than one year--$25,000 (20% ``phase-in'').
         One year or more but less than two years--$50,000 (40% 
    ``phase-in'').
         Two years or more but less than three years--$75,000 (60% 
    ``phase-in'').
         Three years or more but less than four years--$100,000 
    (80% ``phase-in'').
         Four years or more--$125,000 (100% ``phase-in'').
        If a participant who was ``phasing-in'' ceases to be a Participant 
    for a period of less than five years, and such individual thereafter 
    again becomes a Participant, he would be able to aggregate his periods 
    of participation for purposes of the ``phase-in.'' For example, if an 
    individual is a Participant for one year and then ceases to be a 
    Participant for four years, and if he were again to become a 
    Participant, he would be credited with the amount of time he previously 
    spent as a Participant for purposes of the ``phase-in'' schedule.
        If an individual who was a Participant ceases to be a Participant 
    for a period of five years or more, and such individual thereafter 
    again becomes a Participant, he would not be able to aggregate his 
    periods of participation for purposes of the ``phase-in'' described 
    above (i.e., regardless of the length of time he had previously been a 
    Participant, the ``phase-in'' schedule would be applied as if he had 
    never been a Participant in the past).
        Each membership would pay at least one assessment, regardless of 
    whether the owner or a lessee or nominee qualifies for the Gratuity 
    Fund.\19\ In some instances, there would be one assessment per seat and 
    on others two (i.e., when both lessor and lessee are qualified). 
    Gratuity Fund assessments would be based in all cases on the amount of 
    the benefit payable and would be the same for all memberships assessed, 
    regardless of whether or to what extent a particular Participant being 
    assessed has already ``phased-in'' to full eligibility.
    
        \19\The only exception to this would be in the case of an 
    individual who is both the independent owner of and the user of a 
    particular options principal membership and who ``opts-out'' of the 
    Gratuity Fund under the transition provisions discussed below. For 
    such a person's ``opt-out'' to be able to have any practical effect, 
    his options principal seat would have to be exempt entirely from the 
    obligation to pay assessments to the Gratuity Fund for so long as he 
    remains the owner and user of that seat.
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        No member's beneficiaries would be entitled to receive more than 
    one Gratuity Fund benefit upon the member's death by virtue of the 
    deceased member's status as both lessor and lessee, or for any other 
    reason. The family of a member who owns multiple memberships would be 
    able to collect only one benefit. The member would be eligible on only 
    one seat, and must designate that seat to the Exchange. The lessees or 
    nominees of the other seats, of course, would be eligible on those 
    seats.
        The individuals who are nominee-lessors on behalf of member 
    organizations would no longer be qualified for the Gratuity Fund under 
    the proposed system (although, as discussed below, there would be a 
    grandfather clause). This is because the member organization itself 
    would be the lessor. Under the proposal, however, the individual who 
    would have been named as lessor most likely would not qualify for the 
    Gratuity Fund anyway, since member organizations typically named an 
    upstairs executive as lessor and such person would not be ``active'' 
    and may not have been ``active'' in the past, at least within the last 
    five years.
        The trustees of the Gratuity Fund would have the authority to 
    resolve disputes with respect to a person's eligibility to participate 
    in the Fund.\20\
    
        \20\For further discussion of rules governing trustees of the 
    Gratuity Fund, see Art. IX of the Amex Constitution.
    Pension Trusts
    
        Currently, the Exchange does not permit ownership of seats by 
    trusts.\21\ The proposal would permit pension plans (generally 
    comprised of trusts or custodial accounts, including Keoghs and 
    Individual Retirement Accounts) of ``active'' members (as defined 
    above) to acquire ownership of one or more seats for investment 
    purposes, and either to lease the seat or to designate a nominee to 
    operate it.\22\ The intent is to make this available only to pension 
    trusts where the trust sponsor is an active member, or where the 
    sponsor is a member organization and at least fifty percent (50%) of 
    the pension trust beneficiaries are active members and/or Floor 
    employees of the member organization. The trust itself would be the 
    owner of the membership, and the trustee would have to become an 
    approved person.\23\ Only the nominee or lessee would be eligible for 
    the Gratuity Fund, provided he or she is not already eligible for the 
    Gratuity Fund with respect to another seat (e.g., as the owner of that 
    seat). As is the case for other member organizations, the trust would 
    be entitled to vote all of the seats that it owns (and does not lease 
    out) and may designate who may vote on its behalf. If the seat is 
    leased, the vote would be negotiable between the trust and the lessee.
    
        \21\Both the Phlx and the Chicago Mercantile Exchange permit 
    pension trusts to own seats.
        \22\The Exchange has been advised that the prohibited 
    transaction provisions of the Employee Retirement Income Security 
    Act and the Internal Revenue Code would preclude a member from being 
    the nominee or lessee of the seat owned by his own pension trust.
        \23\See Art. I, Sec. 3(g) of the Amex Constitution.
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    Transition Arrangements
    
        The proposal includes a grandfathering provision for the Gratuity 
    Fund revisions.\24\ All regular members ad existing regular member 
    lessors would be grandfathered with respect to the ``active'' 
    requirement, that [[Page 11157]] is, they would be deemed to have met 
    it, even if they never were active for a two-year period. The 
    grandfathering provision would include those lessors who are nominee-
    lessors on seats beneficially owned by an organization. A person 
    grandfathered could lose his right to participate in the Gratuity Fund 
    based on prior active status if there should be any five-year period in 
    which he is not a lessor, lessee, nominee or seat owner.\25\ As 
    discussed above, for all non-grandfathered individuals, the ``active'' 
    requirement must be satisfied after June 10, 1993.
    
        \24\For further discussion of the cut-off date for eligibility 
    for the transition arrangements, see infra note 28 and accompanying 
    text.
        \25\See supra, note 17 and accompanying text.
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        Individuals who currently own options principal memberships would 
    have a one-time opportunity to ``opt-in'' or ``opt-out'' of the 
    Gratuity Fund. A decision to ``opt-out'' would be irrevocable for the 
    rest of the person's life (unless the person subsequently buys a 
    regular membership).\26\ Options principal members who ``opt-in'' would 
    be grandfathered with respect to the ``active'' requirement. Current 
    lessees (both regular and options principal membership) would also have 
    the right to ``opt-out'' of the Gratuity Fund, but such decisions would 
    be effective only for the duration of their current lease, and new 
    leases would require lessee participation in the Gratuity Fund. Lease 
    renewals by the same two parties would not be considered to be new 
    leases. Any new options principal member seat owner (other than an 
    individual owner who previously chose to ``opt-out'' irrevocably as 
    discussed above)\27\ would be covered by the new rules.
    
        \26\If that person subsequently buys a different options 
    principal membership, the decision to ``opt-out'' would apply to 
    that seat as well.
        \27\See supra, note 26.
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        With respect to the ``phase-in'' requirement, all those who are 
    Participants in the Gratuity Fund on the date these proposals become 
    effective, and all those who become Participants by virtue of these 
    amendments (e.g., lessees and options principal members), would be 
    deemed to be fully ``phased-in,'' regardless of how long such persons 
    have been Participants or Exchange members. All who become Participants 
    thereafter would be subject to the ``phase-in'' requirements. If a 
    lessee or options principal member ``opted out'' of the Gratuity Fund, 
    as described above, and on some other basis later becomes a 
    Participant, he would at that time be subject to the ``phase-in.''
        While the foregoing grandfather provisions are appropriate in most 
    cases, there was a concern that some people might attempt to rush 
    through the ``loopholes'' referred to earlier by becoming lessors prior 
    to the date these proposals finally become effective. Accordingly, 
    notwithstanding the above provisions, an individual who was not a 
    regular member or a regular member lessor as of the date of the Board 
    meeting at which these proposals were approved by the Exchange Board of 
    Governors (June 10, 1993), and subsequently became a regular member 
    lessor after June 10, 1993, would not be grandfathered with respect to 
    the two-year active requirement.\28\ Similarly, an individual who was 
    not a regular or options principal member or a regular or options 
    principal lessor as of June 10, 1993, and subsequently became an 
    options principal lessor after June 10, 1993, would not be allowed to 
    ``opt-in'' to the Gratuity Fund. Such individuals would be covered by 
    the new rules.
    
        \28\However, in the event that such an individual dies during 
    the period after June 10, 1993 but before the effective date of the 
    changes, his beneficiaries would receive a Gratuity Fund benefit 
    under existing requirements.
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        Most of the above described changes in membership structure would 
    expand the choices available to persons and organizations in 
    structuring their relationships. However, the proposed changes would 
    eliminate the existing a-b-c agreement, and certain individuals and 
    organizations may find that disruptive. Accordingly, a member 
    organization would be permitted to continue to utilize its existing a-
    b-c agreements for so long as the respective individual members remain 
    on their seats.
    2. Statutory Basis
        The proposed rule change is consistent with Section 6(b) of the Act 
    in general and furthers the objectives of Sections 6(b)(3), 6(b)(4) and 
    6(b)(5) in particular in that it assures a fair representation of 
    Exchange members in the administration of its affairs, provides for the 
    equitable allocation of reasonable dues, fees and other charges among 
    members, and is designed to prevent fraudulent and manipulative acts 
    and practices.
    B. Self-Regulatory Organization's Statement on Burden on Competition
    
        The proposed rule change will impose no burden on competition.
    
    C. Self-Regulatory Organization's Statement on Comments on the Proposed 
    Rule Change Received From Members, Participants or Others
    
        No written comments were solicited or received with respect to the 
    proposed rule change.
    
    III. Date of Effectiveness of the Proposed Rule Change and Timing for 
    Commission Action
    
        Within 35 days of the publication of this notice in the Federal 
    Register or within such other period (i) as the Commission may 
    designate up to 90 days of such date if it finds such longer period to 
    be appropriate and publishes its reasons for so finding or (ii) as to 
    which the self-regulatory organization consents, the Commission will:
        (A) By order approve the proposed rule change, or
        (B) Institute proceedings to determine whether the proposed rule 
    change should be disapproved.
    
    IV. Solicitation of Comments
    
        Interested persons are invited to submit written data, views and 
    arguments concerning the foregoing. Persons making written submissions 
    should file six copies thereof with the Secretary, Securities and 
    Exchange Commission, 450 Fifth Street, NW., Washington, D.C. 20549. 
    Copies of the submission, all subsequent amendments, all written 
    statements with respect to the proposed rule change that are filed with 
    the Commission, and all written communications relating to the proposed 
    rule change between the Commission and any person, other than those 
    that may be withheld from the public in accordance with the provisions 
    of 5 U.S.C. 552, will be available for inspection and copying at the 
    Commission's Public Reference Section, 450 Fifth Street, NW., 
    Washington, D.C. 20549. Copies of such filing will also be available 
    for inspection and copying at the principal office of the Amex. All 
    submissions should refer to File No. SR-Amex-95-08 and should be 
    submitted by March 22, 1995.
    
        For the Commission, by the Division of Market Regulation, 
    pursuant to delegated authority.
    Margaret H. McFarland,
    Deputy Secretary.
    [FR Doc. 95-4994 Filed 2-28-95; 8:45 am]
    BILLING CODE 8010-01-M
    
    

Document Information

Published:
03/01/1995
Department:
Securities and Exchange Commission
Entry Type:
Notice
Document Number:
95-4994
Pages:
11153-11157 (5 pages)
Docket Numbers:
Release No. 34-35411, File No. SR-Amex-95-08
PDF File:
95-4994.pdf