FINRA proposed Rule 6184 ("Transactions in Exchange-Traded Managed Fund Shares ('NextShares')"), relating to the reporting of over-the-counter transactions in exchange-traded managed fund shares that are listed on the Nasdaq. FINRA filed with the SEC the proposed rule change for immediate effectiveness and FINRA announced that the operative date will be the date announced by Nasdaq for commencement of listing and trading of NextShares on the Nasdaq exchange under Nasdaq rules, which is currently anticipated to be about February 1, 2016.
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The CFTC Division of Market Oversight ("DMO") extended conditional relief to an Australia-based trading platform acting in compliance with the terms of previously issued CFTC No-Action Letter 13-76. The relief, which has been extended until May 15, 2016, frees the trading platform temporarily from the requirement to register as a swap execution facility or designated contract market under CEA Section 5h(a)(1) ("Swap Execution Facilities") and CFTC Rule 37.3(a)(1) ("Requirements and Procedures for Registration"). The DMO explained that "predicating the trading platform's relief upon
SEC Chief of Staff Andrew Donohue spoke to Chief Compliance Officers ("CCO's") about the challenges they face and the best ways to fulfill their responsibilities. Mr. Donohue described how CCOs might best "meet the challenge" of carrying out their duties "without fear of personal liability." With regard to those responsibilities, he urged CCOs to: develop a "firsthand knowledge" of the rules that apply to a CCO's firm, as well as any exemptive orders or compliance requirements, and know which regulatory regimes are applicable to that firm in light of its business model and the jurisdictions in
FINRA distributed ballots to eligible FINRA members for election to serve on its Small Firm Advisory Board. FINRA is seeking to fill board vacancies for the North and West Regions. Ballots must be submitted by November 13, 2015. The elected members will assume their new roles in January 2016.
An SEC proposal requiring the adoption of liquidity risk management programs by SEC-registered open-ended investment companies was published in the Federal Register. Comments on the proposal must be submitted by October 29, 2015.