94-14888. Self-Regulatory Organizations; Chicago Board Options Exchange, Inc.; Order Approving a Proposed Rule Change Relating to FLEX Options Designated in Foreign Currencies  

  • [Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-14888]
    
    
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    [Federal Register: June 20, 1994]
    
    
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    SECURITIES AND EXCHANGE COMMISSION
    
    [Release No. 34-34203; International Series Release No. 673; File No. 
    SR-CBOE-93-33]
    
     
    
    Self-Regulatory Organizations; Chicago Board Options Exchange, 
    Inc.; Order Approving a Proposed Rule Change Relating to FLEX Options 
    Designated in Foreign Currencies
    
    June 13, 1994.
    
    I. Introduction
    
        On August 24, 1993, the Chicago Board Options Exchange, Inc. 
    (``CBOE'' or ``Exchange'') filed with the Securities and Exchange 
    Commission (``Commission'' or ``SEC''), pursuant to Section 19(b)(1) of 
    the Securities Exchange Act of 1934 (``Act'')\1\ and Rule 19b-4 
    thereunder,\2\ a proposal to trade and settle Flexible Exchange Options 
    (``FLEX Options'') in specified foreign currencies.
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        \1\15 U.S.C. 78s(b)(1) (1988).
        \2\17 CFR 240.19b-4 (1993).
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        The proposed rule change was published for comment and appeared in 
    the Federal Register on October 3, 1993.\3\ No comments were received 
    on the proposed rule change.
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        \3\See Securities Exchange Act Release No. 32977 (September 28, 
    1993), 58 FR 51660 (October 3, 1993).
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    II. Description of the Proposal
    
        The purpose of the CBOE's FLEX Option program is to provide a 
    frame-work for the Exchange to list and trade index options that give 
    investors the ability, within specified limits, to designate certain of 
    the terms of the options.\4\ Such terms currently include the 
    underlying index,\5\ type (put, call, or spread), exercise style 
    (American, European, or European-Capped), expiration date,\6\ strike 
    price, and form of settlement (a.m. settlement versus p.m. 
    settlement).\7\
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        \4\The Commission approved the CBOE's FLEX Options framework on 
    February 24, 1993, permitting the Exchange to list and trade FLEX 
    Options based on the Standard & Poor's Corporation (``S&P'') 100 
    (``OEX'') and 500 (``SPX'') Indexes. See Securities Exchange Act 
    Release No. 31920 (February 24, 1993), 58 FR 12280 (March 3, 1993) 
    (``FLEX Options Approval Order'').
        \5\The CBOE lists and trades FLEX Options based on the OEX and 
    SPX Indexes, which consist of 100 and 500 highly capitalized stocks, 
    respectively, FLEX Options Approval Order, id; the Russell 2000, 
    which consists of the bottom 2,000 of the 3,000 largest U.S. equity 
    securities in terms of domestic market capitalization, Securities 
    Exchange Act Release No. 32694 (July 29, 1993), 58 FR 41814 (August 
    5, 1993) (``Russell 2000 Approval Order''); and the Nasdaq 100, 
    which consists of the stocks of 100 of the largest, non-financial 
    U.S. issuers quoted on the Nasdaq National Market, Securities 
    Exchange Act Release No. 34052 (May 12, 1994), 59 FR 25972 (May 18, 
    1994) (``Nasdaq 100 Approval Order'').
        \6\A market participant's ability to designate the expiration 
    date is not without limitation. Specifically, in order to protect 
    against possible market disruptions that may otherwise result from 
    the concurrent expiration of listed options and FLEX Options, the 
    expiration dates for FLEX Options must be at least three business 
    days away from the expiration dates for existing listed options. See 
    FLEX Options Approval Order, supra note 4.
        \7\See CBOE Rule 24A.4, Terms of FLEX Contracts.
        In the FLEX Options Approval Order, supra note 4, the Commission 
    designated FLEX Options as ``standardized options'' for purposes of 
    the options disclosure framework established under Rule 9b-1 under 
    the Act. See Securities Exchange Act Release No. 31919 (February 24, 
    1993), 58 FR 12286 (March 3, 1993) (``9b-1 Order''). For the same 
    reasons stated in the 9b-1 Order, FLEX Options on specified foreign 
    currencies are deemed ``standardized options'' for purposes of the 
    Rule 9b-1 options disclosure framework.
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        In the present proposal, the CBOE is seeking to expand its FLEX 
    Options program to allow FLEX Options to be designated for trading and 
    settled in certain specified foreign currencies.
        The permitted designated foreign currencies include British Pounds, 
    Canadian Dollars, Japanese Yen, Deutsche Marks, Swiss Francs, French 
    Francs, or European Currency Units (``ECU''), as well as U.S. Dollars.
        In implementing its proposal, the CBOE is changing CBOE Rule 24A.4 
    (``Rule 24A.4'') (``Terms of FLEX Contracts'') in three ways. First, 
    the CBOE proposes amending Rule 24A.4(c) to add settlement currency to 
    the list of contract term categories that parties to any FLEX Option 
    contract are required to designate. Second, the CBOE proposes amending 
    Rule 24A.4(d) to make it clear that bids and offers responsive to FLEX 
    Requests for Quotes\8\ must be stated in terms of the designated 
    currency and may be expressed only as a specific designated currency 
    amount or as a percentage of the ``Underlying Equivalent Value''\9\ 
    (and thus not in the form of a fractional price). Third, the CBOE 
    proposes amending Rule 24A.4(f) to list the various currencies in which 
    FLEX Options may be quoted, traded, and settled (``Eligible 
    Currencies'').
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        \8\The term ``Request for Quotes'' means the initial request 
    supplied by a submitting member to initiate FLEX Option bidding and 
    offering. CBOE Rule 24A.1.
        \9\CBOE Rule 24A.1 defines ``Underlying Equivalent Value'' to 
    mean the aggregate underlying monetary value covered by that number 
    of contracts, derived by multiplying the index multiplier by the 
    current index value times the given number of FLEX Options 
    contracts.
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        Minor changes to certain other FLEX Options rules have also been 
    proposed by the Exchange. The Exchange proposes to add a new paragraph 
    (g) to Rule 24A.5 (``FLEX Trading Procedures and Principals'') to 
    specify for each Eligible Currency the minimum permissible increments 
    of change in currency amounts for successive FLEX Quotes. Also, the 
    Exchange proposes an amendment to Rule 24A.9 respecting appointment of 
    FLEX Market Makers to clarify that the CBOE will appoint market makers 
    to FLEX Options in respect of particular settlement currencies for FLEX 
    Option-eligible indexes.
        In codifying the incremental changes for bids and offers applicable 
    to FLEX Options,\10\ the CBOE proposes applicable foreign currency 
    increments. Hence, changes in decimal bids and offers in the designated 
    currencies shall meet or exceed the following minimums: U.S. Dollars--
    $.01; Canadian Dollars--$.01; Japanese Yen--.01Y; Deutsche Marks--
    .01DM; British Pounds--.01; Swiss Francs--.01SF; French 
    Frances--.01F; ECU--.01ECU.\11\
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        \10\Proposed CBOE Rule 24A.5(g).
        \11\The CBOE SPX Floor Procedure Committee may set other 
    minimums from time to time to ensure fair and orderly markets. Id.
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        Finally, new definitions, as well as changes to certain existing 
    definitions, are proposed. Specifically, a definition of the term 
    ``Index Multiplier'' is proposed to be added to Rule 24A.1 that would 
    identify the applicable Index Multiplier for each settlement 
    currency.\12\ Also, the Exchange proposes amending the term 
    ``Underlying Equivalent Value''\13\ to state that aggregate underlying 
    monetary values will be computed in terms of U.S. Dollars, regardless 
    of the settlement currency involved. Such computations are intended to 
    simplify the administration of FLEX Option rules that refer to 
    Underlying Equivalent Values.\14\ In addition, the proposed rule change 
    defines the term ``Series of FLEX Options,'' which is used in the 
    current FLEX Options rules without being specifically defined, to mean 
    all FLEX Option contracts of the same class having the same exercise 
    price, exercise style, exercise settlement value, expiration date, and 
    index multiplier.
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        \12\Proposed CBOE Rule 24A.1(h). The CBOE selected the following 
    Index Multipliers for FLEX Options on domestic Indexes: Candian 
    Dollars--$100; Japanese Yen--10,000Y; Deutsche Marks--200DM; British 
    Pounds--100; Swiss Francs--200SF; French Francs--500F, 
    ECU--100EUC.
        \13\See supra note 9.
        \14\For example, CBOE Rule 24A.4(e)(ii) requires that the 
    minimum value of an opening transaction in any FLEX series for which 
    there is no open interest be $10 million in Underlying Equivalent 
    Value. Other provisions of the FLEX Rules rely similarly on the term 
    Underlying Equivalent Value.
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    III. Discussion
    
        The Commission finds the proposed rule change consistent with the 
    requirements of the Act and the rules and regulations thereunder 
    applicable to a national securities exchange, and, in particular, the 
    requirements of Sections 6(b)(5) and 11A of the Act,\15\ because the 
    proposed rule change is designed to provide investors with a tailored 
    or customized product that may be more suitable to their investment 
    needs. As noted by the CBOE, the OTC market in customized index options 
    has developed, in part, to meet the needs of institutional investors 
    who require increased flexibility for the purpose of satisfying 
    particular investment objectives that could not be met by the 
    standardized or exchange markets in options. Accordingly, the 
    Commission believes that the CBOE's proposal to expand the list of 
    variable FLEX Option contract terms to include certain designated 
    foreign currencies is a reasonable response by the Exchange to meet the 
    demands of sophisticated portfolio managers and other institutional 
    investors. These investors increasingly have relied on the OTC market 
    to satisfy their hedging needs; therefore, the CBOE's proposal will 
    promote competition among these markets.
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        \15\15 U.S.C. 78f(b)(5) (1988) and 78k-1 (1982). See FLEX 
    Options Approval Order, supra note 4, Russell 2000 Approval Order, 
    and Nasdaq 100 Approval Order, supra note 5, for the Commission's 
    findings and discussions relating to the FLEX Options program. These 
    findings are incorporated by reference herein.
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        In addition, the Commission believes that the CBOE's proposal will 
    help to promote the maintenance of a fair and orderly market because 
    the purpose of the proposal is to extend the benefits of a listed 
    exchange market to FLEX Options that trade and settle in certain 
    designated foreign currencies.
        The benefits of the Exchange's options market versus the OTC market 
    include, but are not limited to, a centralized market center, an 
    auction market with posted transparent market quotations and 
    transaction reporting, standardized contract specifications, parameters 
    and procedures for clearance and settlement, and the guarantee of The 
    Options Clearing Corporation (``OCC'') for all contracts traded on the 
    Exchange.
        The proposal also should benefit investors by providing them more 
    flexibility by permitting them to designate settlement terms in various 
    foreign currencies while continuing to ensure adequate investor 
    protection in the trading of these products. Each of the designated 
    currencies is a world-wide currency and currently eligible for options 
    trading individually. The potential risks of settling FLEX Options in 
    foreign currencies rather than U.S. Dollars is also disclosed in the 
    recently amended Options Disclosure Document (``ODD'') pursuant to Rule 
    9b-1 of the Act.\16\ The amended ODD now states that the settlement 
    currency may be a variable term fixed by the parties out of those 
    currencies specified by the options market on which the transaction 
    occurs as being available for flexibly structured options. The ODD also 
    describes certain inherent characteristics and risks associated with 
    transactions that involve foreign currencies.\17\
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        \16\17 CFR 240.9b-1 (1993); Securities Exchange Act Release No. 
    33582 (February, 1994).
        \17\See Characteristics and Risks of Standardized Options 
    (February, 1994).
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        The Commission finds that the Index Multipliers and the incremental 
    changes for bids and offers selected by the CBOE are reasonable. In 
    each instance, the value of the amount of each foreign currency 
    selected by the CBOE is generally equivalent to the corresponding 
    amount of U.S. Dollars.
        The Commission also finds that it is appropriate for the Exchange 
    to appoint market markers to FLEX Options with respect to the 
    particular settlement currencies of each eligible FLEX Options 
    index.\18\ Distinguishing among the various settlement currencies in 
    this fashion should help ensure that market makers will have the 
    experience and expertise to quote FLEX Options in the particular 
    currency.
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        \18\See proposed CBOE Rule 24A.5(g).
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        Finally, based on representations from the CBOE, the Commission 
    believes that the CBOE and Options Price Reporting Authority (``OPRA'') 
    will have adequate systems processing capacity to accommodate FLEX 
    Options containing a contract term relating to settlement currency.\19\ 
    In addition, OPRA has represented that any additional traffic generated 
    by the CBOE's proposal is within OPRA's capacity.\20\
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        \19\See letter from Charles J. Henry, President and Chief 
    Operating Officer, CBOE, to Francois Mazur, Attorney, Options 
    Branch, Division of Market Regulation, Commission, dated May 23, 
    1994.
        \20\See letter from Joseph P. Corrigan, Executive Director, 
    OPRA, to Bill Barclay, CBOE, dated May 23, 1994.
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    IV. Conclusion
    
        For the reasons discussed above, the Commission finds that the 
    proposal is consistent with the Act, and, in particular, Sections 6 and 
    11A of the Act. In addition, the Commission also finds, pursuant to 
    Rule 9b-1 under the Act, that FLEX Options with a contract term 
    relating to settlement currency are standardized options for purposes 
    of the options disclosure framework established under Rule 9b-1.\21\
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        \21\17 CFR 240.9b-1 (1993). As part of the original approval 
    process of the FLEX Options framework, the Commission delegated to 
    the Director of the Division the authority to authorize the issuance 
    of orders designating securities as standardized options pursuant to 
    Rule 9b-1(a)94) under the Act. See Securities Exchange Act Release 
    No. 31911 (February 23, 1993), 58 FR 11792 (March 1, 1993). On May 
    4, 1993, then-Chairman Richard Breeden, pursuant to Public Law 87-
    592, 76 Stat. 394 [15 U.S.C. 78d-1, 78d-2], and Article 30-3 of the 
    Commission's Statement of Organization; Conduct and Ethics; and 
    Information and Requests [17 CFR 200.30-3], designated that persons 
    serving in the position of Deputy Director, Associate Director, and 
    Assistant Director in the Division be authorized to issue orders 
    designating securities as ``standardized options'' pursuant to Rule 
    9b-1(a)(4). Accordingly, this subdelegation provides the Division 
    with the necessary authority for designating FLEX Options with 
    contract terms that may vary with respect to certain specified 
    foreign currencies as ``standardized options.'' See Designation of 
    Personnel to Perform Delegated Functions in the Division of Market 
    Regulation, dated May 4, 1993.
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        It is therefore ordered, pursuant to Section 19(b)(2) of the 
    Act,\22\ that the proposed rule change (File No. SR-CBOE-93-33) is 
    approved.
    
        \22\15 U.S.C. 78s(b)(2) (1988).
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        For the Commission, by the Division of Market Regulation, 
    pursuant to delegated authority.\23\
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        \23\17 CFR 200.30-3(a)(12) (1993).
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    Margaret H. McFarland,
    Deputy Secretary.
    [FR Doc. 94-14888 Filed 6-17-94; 8:45 am]
    BILLING CODE 8010-01-M
    
    
    

Document Information

Published:
06/20/1994
Department:
Securities and Exchange Commission
Entry Type:
Uncategorized Document
Document Number:
94-14888
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: June 20, 1994, Release No. 34-34203, International Series Release No. 673, File No. SR-CBOE-93-33