85778 Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices 

1 15 U.S.C. 78s(a)(3). 

2See letter from Thomas G. McCabe, Chief 

Regulatory Officer, OneChicago, to Vanessa 

Countryman, Secretary, Commission, dated 

September 21, 2020 (‘‘McCabe Letter’’). 

3See McCabe Letter, supra note 2, at 1. 

4See id. 

5See id. 

Company; (c) a current partner, lawyer 

employed by or key administrative 

employee of the Company; (d) an entity 

in which the Company or a member of 

the Investment Committee acts as an 

officer, director, or general partner, or 

has a similar capacity to control the sale 

or disposition of the entity’s securities; 

or (e) an investment vehicle offered, 

sponsored, or managed by the Company 

or an affiliated person of the Company. 

The restrictions contained in this 

condition, however, shall not be 

deemed to limit or prevent the 

disposition of an investment by a CoInvestor: (a) To its direct or indirect 

wholly-owned subsidiary, to any 

company (a ‘‘Parent’’) of which the CoInvestor is a direct or indirect whollyowned subsidiary, or to a direct or 

indirect wholly-owned subsidiary of its 

Parent; (b) to immediate family 

members of the Co-Investor or a trust 

established for the benefit of any such 

family member; (c) when the investment 

is comprised of securities that are listed 

on a national securities exchange 

registered under section 6 of the 

Exchange Act; (d) when the investment 

is comprised of securities that are 

national market system (‘‘NMS’’) stocks 

pursuant to section 11A(a)(2) of the 

Exchange Act and rule 600(a) of 

Regulation NMS thereunder; (e) when 

the investment is comprised of 

securities that are listed on or traded on 

any foreign securities exchange or board 

of trade that satisfies regulatory 

requirements under the law of the 

jurisdiction in which such foreign 

securities exchange or board of trade is 

organized similar to those that apply to 

a national securities exchange or a 

national market system of securities; or 

(f) when the investment is comprised of 

securities that are government securities 

as defined in section 2(a)(16) of the Act. 

5. An Investment Fund will send, 

within 120 days after the end of its 

fiscal year, or as soon as practicable 

thereafter, to each Member who had an 

interest in the Investment Fund at any 

time during the fiscal year then ended, 

reports and information regarding the 

Investments, including financial 

statements for such Investment Fund 

audited by an independent accounting 

firm. The Investment Committee will 

make a valuation or have a valuation 

made of all of the assets of an 

Investment Fund as of each fiscal year 

end. In addition, within 90 days after 

the end of each fiscal year of the 

Investment Fund, or as soon as 

practicable thereafter, the Investment 

Fund shall send a report to each person 

who was a Member at any time during 

the fiscal year then ended setting forth 

such tax information as shall be 

necessary for the preparation by the 

Member of his or her federal and state 

income tax returns and a report of the 

investment activities of the Investment 

Fund during such year. 

6. An Investment Fund will maintain 

and preserve, for the life of the 

Investment Fund and at least six years 

thereafter, such accounts, books, and 

other documents as constitute the 

record forming the basis for the audited 

financial statements and annual reports 

of the Investment Fund to be provided 

to its Members, and agrees that all such 

records will be subject to examination 

by the Commission and its staff. All 

such records will be maintained in an 

easily accessible place for at least the 

first two years. 

For the Commission, by the Division of 

Investment Management, pursuant to 

delegated authority. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2020–28642 Filed 12–28–20; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–90764; File No. 10–133] 

Self-Regulatory Organizations; 

OneChicago, LLC; Notice of Filing and 

Request for Comment on OneChicago, 

LLC’s Notice of Withdrawal of 

Registration as a National Securities 

Exchange Solely for the Purposes of 

Trading Security Futures Products 

December 21, 2020. 

I. Introduction 

Notice is hereby given that on 

September 21, 2020, OneChicago, LLC 

(‘‘OneChicago’’ or ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’) notice of 

withdrawal of its registration as a 

national securities exchange solely for 

the purposes of trading security futures 

products, effective September 30, 2020, 

pursuant to Section 19(a)(3) of the 

Securities Exchange Act of 1934.1

OneChicago ceased trading operations 

as of September 18, 2020. The Exchange 

has closed its trading facility and all 

positions have been closed out as of that 

date.2

II. Description 

Prior to September 18, 2020, 

OneChicago operated as a national 

securities exchange solely for the 

purposes of trading security futures 

products, pursuant to 15 U.S.C. 78f(g).3

On August 13, 2020, OneChicago 

released Notice to Members 2020–07, 

which announced that its controlling 

ownership, after a strategic review, 

determined to close the Exchange with 

the last day of trading to be September 

18, 2020. OneChicago stated that it 

notified all impacted customers. The 

Exchange also stated that in order to 

maintain an orderly market through the 

closing process, pursuant to Exchange 

Rule 421 (Emergencies), on September 

4, 2020, the Exchange announced that 

the December 18, 2020 expiration and 

the March 19, 2021 expirations would 

be accelerated to September 18, 2020. 

The Exchange represented that as of 

September 21, 2020, it has closed its 

trading facility and all positions have 

been closed out.4

Pursuant to 15 U.S.C. 78s(a)(3), 

OneChicago filed with the Commission 

a notice of withdrawal from registration 

as a national securities exchange solely 

for the purposes of trading security 

futures products, effective September 

30, 2020. The Exchange stated that, 

pursuant to 7 U.S.C. 11, it also 

requested that, effective December 21, 

2020, the Commodity Futures Trading 

Commission (‘‘CFTC’’) vacate 

OneChicago’s registration as a 

designated contract market.5 Pursuant to 

15 U.S.C. 78f(g)(2)(C), the Exchange’s 

registration as a national securities 

exchange solely for the purposes of 

trading security futures products would 

terminate when the CFTC’s vacation 

order is effective, as OneChicago will no 

longer meet the condition of being 

designated by the CFTC as a contract 

market. Nonetheless, OneChicago filed a 

notice of withdrawal to take affirmative 

action to withdraw its registration, 

effective September 30, 2020. 

Subsequent to the submission of the 

notice of withdrawal, the Exchange has 

represented to the Commission that it 

will maintain, for a period of 5 years 

from the effective date of the 

withdrawal of OneChicago’s registration 

as a national securities exchange solely 

for the purposes of trading security 

futures products, all documents, books, 

and records, including correspondence, 

memoranda, papers, notices, accounts 

and other records (collectively 

‘‘records’’) made or received by it in 

connection with proposed rule changes 

filed with the Commission or in 

connection with its operations as a 

national securities exchange as required 


KHAMMOND on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices 85779 

6See 17 CFR 240.17a–1(a) and (b). 

7See email from David Downey, Chief Executive 

Officer, OneChicago, to David Dimitrious, Division 

of Trading and Markets, dated December 4, 2020. 

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

2 17 CFR 240.19b–4. 

3The term ‘‘member organization’’ means a 

registered broker or dealer (unless exempt pursuant 

to the Securities Exchange Act of 1934) (the ‘‘Act’’), 

including sole proprietors, partnerships, limited 

liability partnerships, corporations, and limited 

liability corporations, approved by the Exchange 

pursuant to Rule 311. A registered broker or dealer 

must also be approved by the Exchange and 

authorized to designate an associated natural 

person to effect transactions on the floor of the 

Exchange or any facility thereof. See Rule 2(b)(i). 

The term ‘‘member organization’’ also includes any 

registered broker or dealer which does not own a 

trading license and agrees to be regulated by the 

Exchange as a member organization and which the 

Exchange has agreed to regulate. See Rule 2(b)(ii). 

4 If NYSE seeks to provide additional temporary 

relief from the rule requirements identified in this 

proposed rule change beyond April 30, 2021, NYSE 

will submit a separate rule filing to further extend 

the temporary extension of time. 

5See Exchange Act Release No. 90617 (December 

9, 2020), 85 FR 81258 (December 15, 2020) (SR– 

FINRA–2020–043) (the ‘‘FINRA Filing’’). The 

Exchange notes that the FINRA Filing also provides 

temporary relief to individuals registered with 

FINRA as Operations Professionals under FINRA 

Rule 1220. The Exchange does not have a 

registration category for Operations Professionals 

and therefore, the Exchange is not proposing to 

adopt that aspect of the FINRA Filing. 

to be maintained under Rule 17a–1(a) 

and (b),6 and produce such records and 

furnish such information at the request 

of any representative of the 

Commission.7

III. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the notice of 

withdrawal is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml). 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number 10–133. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

internet website (http://www.sec.gov/ 

rules/sro.shtml). 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 website viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE, 

Washington, DC 20549 on official 

business days between the hours of 

10:00 a.m. and 3:00 p.m. Copies of the 

filing also will be available for 

inspection and copying at the principal 

office of the Exchange. All comments 

received will be posted without change. 

Persons submitting comments are 

cautioned that we do not redact or edit 

personal identifying information from 

comment submissions. You should 

submit only information that you wish 

to make available publicly. All 

submissions should refer to File 

Number 10–133, and should be 

submitted on or before January 19, 2021. 

By the Commission. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2020–28687 Filed 12–28–20; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–90753; File No. SR–NYSE– 

2020–104] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Extend the 

Effective Date in Commentary .10 

Under NYSE Rule 1210 

December 21, 2020. 

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

Securities Exchange Act of 1934 (‘‘Act’’ 

or ‘‘Exchange Act’’) 1 and Rule 19b–4 

thereunder,2 notice is hereby given that 

on December 15, 2020, the New York 

Stock Exchange LLC (‘‘NYSE’’ or the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission (‘‘SEC’’ or 

‘‘Commission’’) the proposed rule 

change as described in Items I and II 

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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes a rule change 

to extend the effective date in 

Commentary .10 (Temporary Extension 

of the Limited Period for Registered 

Persons to Function as Principals) under 

NYSE Rule 1210 (Registration 

Requirements) applicable to member 

organizations, from December 31, 2020 

to April 30, 2021. The proposed rule 

change is available on the Exchange’s 

website at www.nyse.com, at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization 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 those statements may be examined at 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

set forth in sections A, B, and C below, 

of the most significant parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to extend the 

effective date in Commentary .10 

(Temporary Extension of the Limited 

Period for Registered Persons to 

Function as Principals) under NYSE 

Rule 1210 (Registration Requirements) 

applicable to member organizations,3

from December 31, 2020 to April 30, 

2021. The proposed rule change would 

extend the 120-day period that certain 

individuals can function as a principal 

without having successfully passed an 

appropriate qualification examination 

through April 30, 2021,4 and would 

apply only to those individuals who 

were designated to function as a 

principal prior to January 1, 2021. This 

proposed rule change is based on a 

filing recently submitted by the 

Financial Regulatory Authority, Inc. 

(‘‘FINRA’’) 5 and is intended to 

harmonize the Exchange’s registration 

rules with those of FINRA so as to 

promote uniform standards across the 

securities industry. 

The COVID–19 pandemic is an 

unpredictable, exogenous event that has 

resulted in unavoidable disruptions to 

the securities industry and impacted 

member firms, regulators, investors and 

other stakeholders. In response to 

COVID–19, earlier this year FINRA 


KHAMMOND on DSKJM1Z7X2PROD with NOTICES