Federal Register/Vol. 85, No. 179/Tuesday, September 15, 2020
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57280 Federal Register / Vol. 85, No. 179 / Tuesday, September 15, 2020 / Notices on August 28, 2020, the Board a registered management investment I. Self-Regulatory Organization’s unanimously determined that failure to company. Statement of the Terms of Substance of redeem the Fund’s shares would likely 4. Applicant will comply with the the Proposed Rule Change result in adverse consequences to all of books and records provisions of Section Pursuant to the provisions of Section the Fund’s shareholders. 31 of the Act, and the rules thereunder 19(b)(1) under the Act,4 and Rule 19b– Applicant’s Conditions as set forth in the response to Item 7 of 4 thereunder,5 IEX is filing is filing with Applicant has agreed to the following the application. Such books and records the Commission a proposed rule change as conditions to deregistration under the shall promptly be made available to the to correct two typographical errors in Act: staff of the Commission as requested. IEX Rules 2.220(a)(7) and 11.410(a). The 1. Applicant will continue to 5. Applicant will operate in Exchange has designated this rule maintain its internet website and shall compliance with Section 17 of the Act change as ‘‘non-controversial’’ under 6 post its semi-annual (unaudited) and as if it were a registered management Section 19(b)(3)(A) of the Act and annual (audited by the Applicant’s investment company. provided the Commission with the notice required by Rule 19b–4(f)(6) independent accountants) financial 6. Neither (i) the Applicant’s statements to its website. As of the date thereunder.7 investment adviser, (ii) any ‘‘affiliated The text of the proposed rule change of the filing of the application, person’’ (as defined in the Act) of the Applicant has not engaged an is available at the Exchange’s website at investment adviser, (iii) any affiliated www.iextrading.com, at the principal independent accounting firm to audit person of the Applicant, nor (iv) any the Applicant. However, the Board and office of the Exchange, and at the affiliated person of the persons Commission’s Public Reference Room. Applicant’s management are actively described in clauses (ii) or (iii) will seeking a firm to perform any required receive any fee or other payment, II. Self-Regulatory Organization’s audits. The Applicant’s financial directly or indirectly, from Applicant; Statement of the Purpose of, and statements will be prepared in provided, however, that Applicant is Statutory Basis for, the Proposed Rule conformity with generally accepted permitted to make pro rata liquidation Change accounting practices in the United distributions. States of America and comply with In its filing with the Commission, the Regulation S–X, as if the Applicant were For the Commission, by the Division of self-regulatory organization included a registered management investment Investment Management, under delegated statements concerning the purpose of company, and will be posted to the authority. and basis for the proposed rule change Applicant’s website within 60 days of J. Matthew DeLesDernier, and discussed any comments it received the period’s end. Within 60 days of the Assistant Secretary. on the proposed rule change. The text period’s end, Applicant will send [FR Doc. 2020–20268 Filed 9–14–20; 8:45 am] of these statement [sic] may be examined at the places specified in Item notifications to the shareholders (i) BILLING CODE 8011–01–P informing them that its financial IV below. The self-regulatory statements are available online, (ii) organization has prepared summaries, providing the internet address where SECURITIES AND EXCHANGE set forth in Sections A, B, and C below, the financial statements can be found COMMISSION of the most significant aspects of such and (iii) offering to send them a paper statements. copy, free of charge, upon their request. [Release No. 34–89796; File No. SR–IEX– A. Self-Regulatory Organization’s 2. Applicant will continue to 2020–13] Statement of the Purpose of, and maintain a Board that complies with the Statutory Basis for, the Proposed Rule fund governance standards under Rule Self-Regulatory Organizations; Change 0–1(a)(7) under the Act as if Applicant Investors Exchange LLC; Notice of were a registered management Filing and Immediate Effectiveness of 1. Purpose investment company. The Applicant’s Proposed Rule Change To Correct Two The Exchange recently filed a Board will continue to meet no less Typographical Errors in IEX Rules proposed rule change to amend, in part, frequently than quarterly. The Board 2.220(a)(7) and 11.410(a) IEX Rules 2.220(a)(7) and 11.410(a) to shall continue to approve the selection include MIAX PEARL LLC (‘‘MIAX September 9, 2020. of the Applicant’s independent public PEARL’’) in the list of away trading accountant in accordance with Rule Pursuant to Section 19(b)(1) 1 of the centers to which the Exchange routes 32a–4 under the Act as if the Applicant Securities Exchange Act of 1934 (the and the market data sources the were a registered management ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Exchange will use to determine Top of investment company. No less frequently notice is hereby given that, on Book 8 quotations, in anticipation of than quarterly, the Applicant’s Board September 3, 2020, the Investors MIAX PEARL’s planned launch of shall determine the fair value of the Exchange LLC (‘‘IEX’’ or the equities trading on September 25, 2020 9 illiquid asset in a manner consistent ‘‘Exchange’’) filed with the Securities (the ‘‘Original Filing’’).10 The Original with Section 2(a)(41) of the Act. In the and Exchange Commission (the Filing introduced identical event that the value ascribed to that ‘‘Commission’’) the proposed rule typographical errors in IEX Rules asset decreases 25% or more with change as described in Items I, and II respect to its prior value, such decrease below, which Items have been prepared 4 15 U.S.C. 78s(b)(1). shall be promptly communicated in by the self-regulatory organization. The 5 17 CFR 240.19b–4. writing to (i) the shareholders and (ii) Commission is publishing this notice to 6 15 U.S.C. 78s(b)(3)(A). staff of the Commission’s Division of solicit comments on the proposed rule 7 17 CFR 240.19b–4. Investment Management. change from interested persons. 8 See IEX Rule 11.410(a)(1). 3. Applicant shall continue to 9 See https://www.miaxoptions.com/alerts/2020/ 07/20/miax-pearl-equities-updated-dom-and- maintain and implement the policies 1 15 U.S.C. 78s(b)(1). esesm-interface-specifications. and procedures required by Rules 17j– 2 15 U.S.C. 78a. 10 See Securities Exchange Act Release No. 89705 1 and 38a–1 under the Act as if it were 3 17 CFR 240.19b–4. (August 28, 2020) (SR–IEX–2020–12). VerDate Sep<11>2014 16:57 Sep 14, 2020 Jkt 250001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\15SEN1.SGM 15SEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 179 / Tuesday, September 15, 2020 / Notices 57281 2.220(a)(7) and Rule 11.410(a), which III. Date of Effectiveness of the Commission takes such action, the the Exchange proposes to correct as Proposed Rule Change and Timing for Commission shall institute proceedings described below. Commission Action under Section 19(b)(2)(B) 20 of the Act to The Original Filing inadvertently Because the foregoing proposed rule determine whether the proposed rule listed the Market Identifier Code change does not: (i) Significantly affect change should be approved or (‘‘MIC’’) for MIAX PEARL’s equities the protection of investors or the public disapproved. exchange as ‘‘MPRL,’’ which is the MIC interest; (ii) impose any significant IV. Solicitation of Comments for MIAX PEARL’s options exchange. burden on competition; and (iii) become Interested persons are invited to The Exchange proposes to correct these operative for 30 days from the date on submit written data, views, and typographical errors by replacing the which it was filed, or such shorter time arguments concerning the foregoing, references to ‘‘MPRL’’ in IEX Rules as the Commission may designate, it has including whether the proposed rule 2.220(a)(7) and Rule 11.410(a) with become effective pursuant to Section change is consistent with the Act. references to ‘‘EPRL,’’ which is the MIC 19(b)(3)(A) of the Act 15 and Rule 19b– Comments may be submitted by any of for MIAX PEARL’s equities exchange.11 4(f)(6) thereunder.16 A proposed rule change filed the following methods: 2. Statutory Basis pursuant to Rule 19b–4(f)(6) under the Electronic Comments 17 IEX believes that the proposed rule Act normally does not become • Use the Commission’s internet change is consistent with the provisions operative for 30 days after the date of its comment form (http://www.sec.gov/ 18 of Section 6(b) 12 of the Act in general, filing. However, Rule 19b–4(f)(6)(iii) rules/sro.shtml); or and furthers the objectives of Section permits the Commission to designate a • Send an email to rule-comments@ 6(b)(5) of the Act 13 in particular, in that shorter time if such action is consistent sec.gov. Please include File Number SR– it is designed to prevent fraudulent and with the protection of investors and the IEX–2020–13 on the subject line. manipulative acts and practices, to public interest. The Exchange has asked promote just and equitable principles of the Commission to waive the 30-day Paper Comments trade, to remove impediments to and operative delay.