63188 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 

1 15 U.S.C. 78s(b)(1).

2The Commission has modified parts of these 

statements.

PLACE: Offices of the Corporation, 

Twelfth Floor Board Room, 1100 New 

York Avenue, NW., Washington, DC.

STATUS: Meeting Open to the Public 

from 10 a.m. to 10:15 a.m. Closed 

portion will commence at 10:15 a.m. 

(approx.).

MATTERS TO BE CONSIDERED:

1. President’s Report. 

2. Approval of September 9, 2004 

Minutes (Open Portion).

FURTHER MATTERS TO BE CONSIDERED:

(Closed to the Public 10:15 a.m.). 

1. Finance Project—Global. 

2. Insurance Project—Israel. 

3. Finance Project—Southeast Europe. 

4. Approval of September 9, 2004 

Minutes (Closed Portion). 

5. Pending Major Projects. 

6. Reports.

CONTACT PERSON FOR INFORMATION:

Information on the meeting may be 

obtained from Connie M. Downs at (202) 

336–8438.

Dated: October 27, 2004. 

Connie M. Downs, 

Corporate Secretary, Overseas Private 

Investment Corporation.

[FR Doc. 04–24357 Filed 10–27–04; 2:20 pm] 

BILLING CODE 3210–01–M

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Pub. L. 94–409, that the 

Securities and Exchange Commission 

will hold the following meeting during 

the week of November 1, 2004: 

A closed meeting will be held on 

Wednesday, November 3, 2004, at 2 

p.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meeting. Certain 

staff members who have an interest in 

the matters may also be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), (8), (9)(B), and 

(10) and 17 CFR 200.402(a)(3), (5), (7), 

(8), 9(ii) and (10), permit consideration 

of the scheduled matters at the closed 

meeting. 

Commissioner Campos, as duty 

officer, voted to consider the items 

listed for the closed meeting in closed 

session. 

The subject matter of the Closed 

Meeting scheduled for Wednesday, 

November 3, 2004, will be: 

Formal orders of investigations; 

Institution and settlement of 

injunctive actions; 

Institution and settlement of 

administrative proceedings of an 

enforcement nature; 

Regulatory matter regarding financial 

institution; and 

Adjudicatory matters. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. For further 

information and to ascertain what, if 

any, matters have been added, deleted 

or postponed, please contact: 

The Office of the Secretary at (202) 

942–7070.

Dated: October 26, 2004. 

Jonathan G. Katz, 

Secretary.

[FR Doc. 04–24313 Filed 10–27–04; 10:56 

am] 

BILLING CODE 8010–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–50585; File No. SR–OCC–

2004–18] 

Self-Regulatory Organizations; The 

Options Clearing Corporation; Notice 

of Filing and Immediate Effectiveness 

of a Proposed Rule Change Relating to 

OCC’s Adjustment Policies for Options 

and Stock Futures on Fund Shares 

October 25, 2004. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 notice is hereby given that on 

September 27, 2004, The Options 

Clearing Corporation (‘‘OCC’’) 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 primarily by OCC. 

The Commission is publishing this 

notice to solicit comments on the 

proposed rule change from interested 

persons.

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The proposed rule change codifies 

exceptions for options and stock futures 

on ‘‘fund shares’’ to OCC’s adjustment 

policies recently made by panels of 

OCC’s Securities Committee. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

OCC 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. OCC has prepared 

summaries, set forth in sections (A), (B), 

and (C) below, of the most significant 

aspects of such statements.2

(A) Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

(1) Background 

Article VI, Clearance of Exchange 

Transactions, Section 11, Adjustments, 

Paragraph (c) of OCC’s By-Laws states: 

It shall be the general rule that there 

will be no adjustments to reflect 

ordinary cash dividends or distributions 

* * * by the issuer of the underlying 

security. 

Interpretation .01 of Article VI, 

Section 11 (sometimes referred to as the 

‘‘10% rule’’) provides: 

Dividends or distributions by the 

issuer of the underlying security in an 

aggregate amount per dividend or 

distribution which does not exceed 10% 

of the market value (as of the close of 

trading on the declaration date) of the 

underlying security outstanding will, as 

a general rule, be deemed to be 

‘ordinary dividends or distributions’

within the meaning of paragraph (c) of 

Section 11. 

However, Article VI, Section 11(j) 

provides: 

Notwithstanding the general rules set 

forth in paragraphs (c) through (j) of this 

Section 11 or which may be set forth as 

interpretations and policies under this 

Section 11, the Securities Committee 

shall have the power to make exceptions 

in those cases or groups of cases * * * 

in which, applying the standards set 

forth in paragraph (b) hereof, the 

Securities Committee shall determine 

such exceptions to be appropriate. 

* * * 

Panels of OCC’s Security Committee 

recently determined to exercise their 

authority under Article VI, Section 11(j) 

to make exceptions to the 10% rule and 

adjust options on exchange traded funds 

(‘‘ETFs’’) and Holding Company 

Depository Receipts (‘‘HOLDRs’’) 

(collectively referred to in OCC’s Rules