SUBMISSION COVER SHEET
Registered Entity Identifier Code: SR-NFX-2012-26 Date: September 28, 2012
I M P O R T A N T : CHECK BOX IF CONFIDENTIAL TREATMENT IS REQUESTED.
ORGANIZATION
FILING AS A:
NASDAQ OMX Futures Exchange, Inc.
DCM
SEF
DCO
SDR
ECM/SPDC
TYPE OF FILING
Rules and Rule Amendments
Certification under § 40.6 (a) or § 41.24 (a)
“Non-Material Agricultural Rule Change” under § 40.4 (b)(5)
Notification under § 40.6 (d)
Request for Approval under § 40.4 (a) or § 40.5 (a)
Advance Notice of SIDCO Rule Change under § 40.10 (a)
Products
Certification under § 39.5(b), § 40.2 (a), or § 41.23 (a)
Swap Class Certification under § 40.2 (d)
Request for Approval under § 40.3 (a)
Novel Derivative Product Notification under § 40.12 (a)
RULE NUMBERS
NFX Rule E29
DESCRIPTION
Amending NFX Rule E29 to add Large Trader Reporting procedures in Interpretation and
Policies .01
Rule Self-Certification
September 28, 2012
Office of the Secretary
Commodity Futures Trading Commission
Three Lafayette Center
1155 21st Street, NW
Washington, DC 20581
Re:
Amendments to Rule E29 (Reportable Positions).
Reference File SR-NFX-2012-26
Ladies and Gentlemen:
Pursuant to Section 5c(c)(1) of the Commodity Exchange Act, as amended (“Act”) and
Sections 40.6 or 41.24 of the regulations promulgated by the Commodity Futures Trading
Commission under the Act, and issuance of final rules for Designated Contract Markets under
Core Principle 4 (Prevention of Market Disruption) and adoption of regulation §38.254 (Ability
to Obtain Information ) under the Act, the NASDAQ OMX Futures Exchange, Inc. (“NFX” or
“Exchange”) is amending Rule E29 (Reportable Positions). The amendments will be effective
on October 16, 2012. The text of the amendments is attached.
The Exchange has determined to expand its general reporting rule Rule E29 to add new
Interpretation and Policies .01 that incorporates specific Large Trader Reporting (“LTR”)
procedures.
The proposed LTR in new Commentary .01 has several features:
1) The reportable level in a particular expiration month of a futures contract trigger
reportable status. Thus, a person in reportable status in a particular contract has the duty
to report all positions, regardless of size, in any futures contract month.
2) The daily Large Trader Reporting submission to the Exchange must include for each
reportable account the Exchange for Related Position (“EFRP”) volume bought and sold
in the reportable instrument, by contract month.
3) Failure by an omnibus account or foreign broker to submit required information may
result in a disciplinary proceeding – which may result in limitations, conditions or denial
of access of such omnibus account or foreign broker to any Exchange market. However,
clearing members carrying such accounts remain responsible for obtaining and providing
to the Exchange information regarding the ownership and control of positions in
SR-NFX-2012-26
September 28, 2012
Page 2
circumstances where an omnibus account or foreign broker has failed to provide the
information to the Exchange.
4) All large trader reports shall be submitted in a form acceptable to the Exchange (which
may require that more than one large trader report be submitted daily). Moreover,
clearing members, omnibus accounts and foreign brokers must provide the Exchange
with the required CFTC Form 102 (“Identification of Special Accounts”) accurately
identifying the owners, controllers, controlled accounts and any additional information
required for each reportable account within three Business Days of the first day that the
account in question becomes reportable. However, notwithstanding the three Business
Day requirement, on the first day that an account becomes reportable, clearing members,
omnibus accounts and foreign brokers must, at the direction of the Exchange, submit the
following information: account type, reportable account number and names and addresses
of the owners and controllers of the account.
5) And, any material changes to the information previously provided to the Exchange will
require the submission of a revised form within three Business Days of such changes
becoming effective. Additionally, in the absence of any material changes, the Exchange
may require the submission of a new form on a biennial basis for the maintenance of
accurate records.
The Exchange believes that the revised amended language to Rule E29 should enable it to
further be in conformance with Core Principle 4 regarding LTRs.
There were no opposing views among the NFX’s Board of Directors, members or market
participants. NFX hereby certifies that the amendment complies with the Commodity Exchange
Act and regulations thereunder. The Exchange also certifies that notice of pending certification
and a copy of this submission have been concurrently posted on the Exchange’s website at
http://www.nasdaqomxtrader.com/Micro.aspx?id=PBOToverview.
Regards,
Daniel R. Carrigan
President
Attachment:
cc:
Proposed changes to NFX Rule E29.
Mr. Glenn Spann, Commodity Futures Trading Commission
Mr. J. Goodwin, National Futures Association
SR-NFX-2012-26
September 28, 2012
Page 3
Exhibit A
New text is underlined; deleted text is in [brackets].
NASDAQ OMX Futures Exchange Rules
*****
Rule E29. Reportable Positions
Each Member or Member Organization required to file any report, statement, form, or other
information with the Commission pursuant to Commission regulations Part 15, 17, or 18
concerning any Contract(s) must simultaneously file a copy thereof with the Exchange. Each
Member or Member Organization must submit the report, statement, form, or other information
to the Exchange in the form and manner designated by the Exchange.
•••Interpretation and Policies: -----------------.01 Large Trader Reports. Each Member or Member Organization shall submit to
the Exchange a daily report of all Large Trader Reporting Levels as set forth by the
Exchange. Positions at or above the reportable level in a particular expiration month
of a futures contract trigger reportable status. For a person in reportable status in a
particular contract, all positions, regardless of size, in any futures contract month
must be reported.
Additionally, the daily Large Trader Reporting submission to the Exchange must
include for each reportable account the EFRP volume bought and sold in the
reportable instrument, by contract month.
Failure by an omnibus account or foreign broker to submit required information may
result in a disciplinary proceeding and result in limitations, conditions or denial of
access of such omnibus account or foreign broker to any Exchange market.
Notwithstanding the above, clearing members carrying such accounts remain
responsible for obtaining and providing to the Exchange information regarding the
ownership and control of positions in circumstances where an omnibus account or
foreign broker has failed to provide the information to the Exchange.
All large trader reports shall be submitted in a form acceptable to the Exchange,
which may require that more than one large trader report be submitted daily.
Clearing members, omnibus accounts and foreign brokers must provide the Exchange
with the required CFTC Form 102 (“Identification of Special Accounts”) accurately
identifying the owners, controllers, controlled accounts and any additional
information required for each reportable account within three Business Days of the
first day that the account in question becomes reportable. Notwithstanding the three
Business Day requirement, on the first day that an account becomes reportable,
clearing members, omnibus accounts and foreign brokers must, at the direction of the
Exchange, submit the following information: account type, reportable account
number and names and addresses of the owners and controllers of the account.
SR-NFX-2012-26
September 28, 2012
Page 4
Any material changes to the information previously provided to the Exchange will
require the submission of a revised form within three Business Days of such changes
becoming effective. Additionally, in the absence of any material changes, the
Exchange may require the submission of a new form on a biennial basis for the
maintenance of accurate records.
*****