[Federal Register Volume 63, Number 214 (Thursday, November 5, 1998)] [Notices] [Pages 59816-59817] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-29621] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-40616; File No. SR-Amex-98-30] Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the American Stock Exchange, Inc. Relating to Options of Advertisements October 28, 1998. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on October 16, 1998,\3\ the American Stock Exchange, Inc. (``Amex'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission''), the proposed rule change as described in Items I, II, and III below, which items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ The proposed rule change was originally submitted on August 5, 1998. On October 16, 1998, the Exchange submitted Amendment No. 1 to add a footnote to Commentary .02 and Commentary .03(v) to Rule 991 stating the requirement of providing in options advertisements the name and address of a person or persons from whom current Options Disclosure Documents may be obtained ``may be satisfied by providing a reasonably specific mechanism by which clients and other investors may obtain this material.'' Letter from Claudia Crowley, Special Counsel, Amex to Katherine A. England, Assistant Director, Division of Market Regulation, Commission, dated October 15, 1998 (``Amendment No. 1''). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change Amex proposes to adopt an interpretation to Rule 991 relating to options communications with customers. The text of the proposed rule change is available at the Office of the Secretary, Amex, and at the Commission. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, Amex 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. Amex has prepared summaries, set forth in sections A, B, and C below, on 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 Amex Rule 991 details Exchange requirements with respect to options-related communications with customers. Commentary .02 and Commentary .03 to Rule 991, as well as the Guidelines for Options Communications (published by the self-regulatory organizations) provide in part that advertisements and educational material should contain the name and address of a specific person from whom an Options Disclosure Document (``ODD'') may be obtained. Common practice within the securities industry is [[Page 59817]] for such communications to be published as part of a national or regional marketing program. In that regard, the Exchange believes that it is both unnecessary and impractical for a member organization to list one person as the recipient for all requests concerning ODDs. It is important for investors to be able to readily obtain an ODD. The Exchange interprets Rule 991 to provide member organizations sufficient latitude to set forth other reasonably specific mechanisms by which clients and other investors may obtain the ODD. A firm may, for example, provide one or more telephone numbers or addresses from which an ODD may be obtained. Alternatively, in a communication addressed only to account holders the organization may direct them to contact their registered representative. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act \4\ in general and furthers the objectives of Section 6(b)(5) \5\ in particular in that it is designed to promote just and equitable principles of trade, remove impediments to a free and open market and a national market system, and protect investors and the public interest. --------------------------------------------------------------------------- \4\ 15 U.S.C. 78f(b). \5\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes 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 The proposed rule change constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule of the Exchange and, therefore, has become effective upon filing pursuant to Section 19(b)(3)(A)(i) of the Act \6\ and Rule 19b-4(e)(1) \7\ thereunder. At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78s(b)(3)(A)(i). \7\ 17 CFR 240.19b-4(e)(1). --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act.\8\ Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, N.W., 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 in the Commission's Public Reference Room. Copies of such filing will also be available for inspection and copying at the principal office of Amex. All submissions should refer to the File No. SR-Amex-98-30 and should be submitted by November 27, 1998. \8\ In reviewing this proposal, the Commission has considered its impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). --------------------------------------------------------------------------- For the Commission by the Division of Market Regulation, pursuant to delegated authority.\9\ --------------------------------------------------------------------------- \9\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 98-29621 Filed 11-4-98; 8:45 am] BILLING CODE 8010-01-M