Options 6E Records, Reports and Audits
Section 1. Maintenance, Retention and Furnishing of Books, Records and Other
Information
(a) Each Options Participant shall make, keep current and preserve such books and records as BX Regulation
may prescribe pursuant to the Rules of the Exchange and as may be prescribed by the Exchange Act and the
rules and regulations thereunder.
(b) No Options Participant shall refuse to make available to BX Regulation such books, records or other
information as may be called for under the Rules of the Exchange or as may be requested in connection with
an investigation by BX Regulation.
(c) All Options Participants shall prepare and make available all books and records as required by the Rules
of the Exchange in English and U.S. dollars.
Adopted October 23, 2019 (SR-BX-2019-039).
(a) Upon request of BX Regulation, each Options Participant shall submit a report of the total uncovered
short positions in each options contract of a class dealt in on BX Options showing:
(1) positions carried by such Options Participant
for its own account and
(2) positions carried by such Options Participant
for the accounts of Customers;
(3) provided that the Options Participant shall not
report positions carried for the accounts of other Options Participants where such other Options
Participants report the positions themselves.
(b) Such report shall be submitted not later than the second business day following the date the request is
made.
Adopted October 23, 2019 (SR-BX-2019-039).
Section 3. Financial Reports and
Audits
Each Options Participant shall submit to BX Regulation answers to financial questionnaires, reports of income
and expenses and additional financial information in the type, form, manner and time prescribed by the
Exchange or BX Regulation under the Rules of the Exchange.
Adopted October 23, 2019 (SR-BX-2019-039).
Adopted October 23, 2019 (SR-BX-2019-039).
(a) An Options Participant shall submit requested trade data elements, in such automated format as may be
prescribed by BX Regulation from time to time, in regard to a transaction(s) that is the subject of the
particular request for information.
(b) If the transaction was a proprietary transaction effected or caused to be effected by the Options
Participant for any account in which such Participant, or any person associated with the Options
Participant, is directly or indirectly interested, the Participant shall submit or cause to be submitted,
any or all of the following information as requested by BX Regulation:
(1) Clearing house number or alpha symbol as used by
the Options Participant submitting the data;
(2) Clearing house number(s) or alpha symbol(s) as
may be used from time to time, of the Options Participant(s) on the opposite side of the transaction;
(3) Identifying symbol assigned to the security and
where applicable for the options month and series symbols;
(4) Date transaction was executed;
(5) Number of option contracts for each specific
transaction and whether each transaction was an opening or closing purchase or sale, as well as:
(A) the number of shares traded or held by accounts
for which options data is submitted;
(B) where applicable, the number of shares for each
specific transaction and whether each transaction was a purchase, sale or short sale;
(6) Transaction price;
(7) Account number; and
(8) Market center where transaction was executed.
(c) If the transaction was effected or caused to be effected by the Options Participant for any Customer,
such Options Participant shall submit or cause to be submitted any or all the following information as
requested by BX Regulation:
(1) Data elements (1) through (8) of paragraph (b)
above;
(2) If the transaction was effected for a Public
Customer, customer name, address(es), branch office number, representative number, whether the order was
discretionary, solicited or unsolicited, date the account was opened and employer name and tax
identification number(s); and
(3) If the transaction was effected for a
Participant broker-dealer customer, whether the broker-dealer was acting as a principal or agent on the
transaction or transactions that are the subject of BX Regulation's request.
(d) In addition to the above trade data elements, an Options Participant shall submit such other information
in such automated format as may be prescribed by BX Regulation, as may from time to time be required.
(e) BX Regulation may grant exceptions, in such cases and for such time periods as it deems appropriate, from
the requirement that the data elements prescribed in paragraphs (b) and (c) above be submitted to BX
Regulation in an automated format.
Adopted October 23, 2019 (SR-BX-2019-039).
(a) Each Clearing Participant that clears or guarantees the transactions of Market Makers pursuant to Options
6, Section 4 of these Rules (Letters of Guarantee), shall establish and maintain written procedures for
assessing and monitoring the potential risks to the Participant's capital over a specified range of possible
market movements of positions maintained in such Market Maker accounts and such related accounts as BX
Regulation shall from time to time direct.
(1) Current procedures shall be maintained as
current and filed with BX Regulation.
(2) The procedures shall specify the computations to
be made, the frequency of computations, the records to be reviewed and maintained and the position(s) within
the organization responsible for the risk management.
(b) Each affected Participant shall at a minimum assess and monitor its potential risk of loss from options
Market Maker accounts each business day as of the close of business the prior day through use of a BX
Regulation-approved computerized risk analysis program, which shall comply with at least the minimum
standards specified below and such other standards as from time to time may be prescribed by BX Regulation:
(1) The estimated loss to the Clearing Participant
for each Market Maker account (potential account deficit) shall be determined given the impact of broad
market movements in reasonable intervals over a range from negative fifteen percent (15%) to positive
fifteen percent (15%).
(2) The Participant shall calculate volatility using
a method approved by BX Regulation, with volatility updated at least weekly. The program must have the
capability of expanding volatility when projecting losses throughout the range of broad market movements.
(3) Options prices shall be estimated through use of
recognized options pricing models such as, but not limited to, Black-Scholes and Cox-Reubenstein.
(4) At a minimum, written reports shall be generated
which describe for each market scenario:
(A) projected loss per options class by account;
(B) projected total loss per options class for all
accounts; and
(C) projected deficits per account and in aggregate.
Upon direction by BX Regulation, each affected
Participant shall provide to BX Regulation such information as it may reasonably require with respect to the
Participant's risk analysis for any or all of its Market Maker accounts.
Adopted October 23, 2019 (SR-BX-2019-039).
(a) BX Regulation may enter into agreements that provide for the exchange of information and other forms of
mutual assistance for market surveillance, investigative, enforcement and other regulatory purposes, with
domestic and foreign self-regulatory organizations, as well as associations and contract markets and the
regulators of such markets.
(b) No Options Participant, partner, officer, director or other person associated with a Participant or other
person or entity subject to the jurisdiction of the Exchange or BX Regulation shall refuse to appear and
testify before another exchange or self-regulatory organization in connection with a regulatory
investigation, examination or disciplinary proceeding or refuse to furnish documentary materials or other
information or otherwise impede or delay such investigation, examination or disciplinary proceeding if the
Exchange or BX Regulation requests such information or testimony in connection with an inquiry resulting
from an agreement entered into by the Exchange or BX Regulation pursuant to paragraph (a) of this Rule,
including but not limited to Participants and affiliates of the Intermarket Surveillance Group. The
requirements of this paragraph (b) shall apply regardless whether the Exchange or BX Regulation has itself
initiated a form investigation or disciplinary proceeding.
(c) Whenever information is requested by BX Regulation pursuant to this Rule, the Options Participant or
person associated with a Participant from whom the information is requested shall have the same rights and
procedural protections in responding to such request as such Participant or person would have in the case of
any other request for information initiated by BX Regulation pursuant to BX Regulation's investigative
powers.
Adopted October 23, 2019 (SR-BX-2019-039).
Adopted October 23, 2019 (SR-BX-2019-039).
(a) Order Identification. When entering orders on BX Options, each Options Participant shall submit
order information in such form as may be prescribed by BX in order to allow BX Options to properly
prioritize and match orders and report resulting transactions to the Clearing Corporation.
(b) An Options Participant must ensure that each options order received from a Customer for execution on BX
Options is recorded and time-stamped immediately. The order record must be time-stamped again on execution
and also at the time of any modification or cancellation of the order by the Customer. Order records
relating to BX Options must contain the following information at a minimum:
(i) a unique order identification;
(ii) the underlying security;
(iii) opening/closing designation;
(iv) the identity of the Clearing Participant;
(v) Options Participant identification;
(vi) Participant Capacity;
(vii) identity of the individual/terminal completing
the order ticket;
(viii) customer identification;
(ix) account identification;
(x) buy/sell;
(xi) contract volume;
(xii) contract month;
(xiii) exercise price;
(xiv) put/call;
(xv) price or price limit, price range or strategy
price;
(xvi) special instructions (e.g., GTC); and
(xvii) and such other information as may be required
by BX Options.
(c) An Options Participant that employs an electronic system for order routing or order management which
complies with BX Options requirements will be deemed to be complying with the requirements of this Rule if
the required information is recorded in electronic form rather than in written form.
(d) In addition to any related requirement under applicable securities laws, information recorded pursuant to
this Rule must be retained by Options Participants for a period of no less than three (3) years after the
date of the transaction.
Adopted October 23, 2019 (SR-BX-2019-039).