5874 Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 59104 

(December 15, 2008), 73 FR 78862 (the ‘‘Notice’’). 

4The Exchange also notes that Clearing Firms, as 

a matter of business judgment, may still refuse to 

accept checks and/or funds transfers from third 

parties. See id. at 78863. 

5See id. 

6 In approving this proposed rule change, the 

Commission notes that it has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f). 

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78s(b)(2). 

9 17 CFR 200.30–3(a)(12). 

Securities and Exchange Commission, 

C/O Shirley Martinson, 6432 General 

Green Way, Alexandria, Virginia 22312; 

or send an e-mail to: 

PRA_Mailbox@sec.gov. 

Dated: January 27, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–2119 Filed 1–30–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of: Leading Edge 

Packaging, Inc., Leadingside, Inc., 

Lecstar Corp., and Legal Club of 

America, Inc.; Order of Suspension of 

Trading 

January 29, 2009. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Leading 

Edge Packaging, Inc. because it has not 

filed any periodic reports since the 

period ended December 31, 1999. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of 

Leadingside, Inc. because it has not filed 

any periodic reports since the period 

ended September 30, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Lecstar 

Corp. because it has not filed any 

periodic reports since the period ended 

September 30, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Legal Club 

of America, Inc. because it has not filed 

any periodic reports since the period 

ended March 31, 2004. 

The Commission is of the opinion that 

the public interest and the protection of 

investors require a suspension of trading 

in the securities of the above-listed 

companies. 

Therefore, it is ordered, pursuant to 

Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the 

securities of the above-listed companies 

is suspended for the period from 9:30 

a.m. EST on January 29, 2009, through 

11:59 p.m. EST on February 11, 2009. 

By the Commission. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–2211 Filed 1–29–09; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59300; File No. SR–CBOE– 

2008–117] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Order Approving a 

Proposed Rule Change To Amend 

Exchange Rule 4.21 Relating to Third 

Party Deposits 

January 27, 2009. 

I. Introduction 

On December 2, 2008, the Chicago 

Board Options Exchange, Incorporated 

(‘‘CBOE’’ or the ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

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

Exchange Act of 1934 (the ‘‘Act’’) 1 and 

Rule 19b–4 thereunder,2 a proposed rule 

change to amend Exchange Rule 4.21 

relating to third party deposits. The 

proposed rule change was published for 

comment in the Federal Register on 

December 23, 2008.3 The Commission 

received no comments on the proposal. 

This order approves the proposed rule 

change. 

II. Description of the Proposal 

Under current CBOE Rule 4.21, 

member organizations engaged in the 

business of clearing and carrying the 

accounts of options market makers 

(‘‘Clearing Firms’’) are prohibited (with 

certain exceptions) from accepting a 

check or funds transfer if the name on 

the account from which the funds are 

drawn is different (i.e., is from a ‘‘third 

party’’) from the name on the account 

cleared or carried by the Clearing Firm. 

CBOE proposes to amend the rule to 

permit Clearing Firms to accept for 

deposit to a broker-dealer account 

checks and funds transfers that: (i) 

Constitute an award or settlement paid 

as the result of the resolution of 

litigation or arbitration which arose in 

connection with the broker-dealer’s 

securities or futures business; (ii) are 

drawn on an account of the government 

of the United States; or (iii) are drawn 

on the account of another broker-dealer 

for satisfaction of the resolution of 

transaction disputes.4 The Exchange 

also proposes to clarify that documents 

evidencing that a deposit qualifies for 

acceptance under Rule 4.21, as well as 

documents authorizing transfers 

between two accounts under Rule 4.21, 

must be retained by the Clearing Firm. 

The Exchange believes that the 

proposed exceptions do not present any 

of the concerns or business risks to the 

Clearing Firm that the rule was 

originally intended to address.5

III. Discussion and Commission 

Findings 

After careful review, the Commission 

finds that the proposed rule change is 

consistent with the requirements of the 

Act and the rules and regulations 

thereunder applicable to a national 

securities exchange.6 In particular, the 

Commission finds that the proposal is 

consistent with Section 6(b)(5) of the 

Act,7 which requires that an exchange 

have rules designed to promote just and 

equitable principles of trade, to remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system, and, in 

general, to protect investors and the 

public interest. 

The Commission believes that 

permitting Clearing Firms to accept for 

deposit these specific types of checks 

and fund transfers should streamline 

inter-member dealings without exposing 

Clearing Firms to the types of risks that 

the rule was designed to mitigate. 

Further, the proposed amendments to 

Interpretation and Policy .06 to Rule 

4.21 are designed to ensure that Clearing 

Firms retain supporting documentation 

to evidence compliance with the rule. 

Accordingly, the Commission finds the 

proposed amendments to Rule 4.21 to 

be consistent with the Act. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,8 that the 

proposed rule change (SR–CBOE–2008– 

117) be, and hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–2160 Filed 1–30–09; 8:45 am] 

BILLING CODE 8011–01–P 


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