(a) Exercise Notices. An outstanding option contract may be exercised by the
tender to The Options Clearing Corporation ("OCC") of an exercise notice made during the
periods, and using the procedures, specified in OCC rules. An exercise notice may be
tendered to OCC only by the clearing member in whose OCC account the option contract is
carried. Option exercises are also subject to restrictions that are established by or
may be imposed by the Exchange in Options 9, Sections 15, 17 and 18, and in this Rule.
Members and member organizations may establish fixed procedures as to the latest time
they will accept exercise notices from their customers.
(b) Exercise-by-Exception Procedure for Expiring Options. Special procedures apply
to the exercise of equity options on the business day of their expiration, or, in the
case of an option contract expiring on a day that is not a business day, the last
business day before their expiration ("expiring options"). Unless waived by OCC,
expiring options are subject to the Exercise-by-Exception ("Ex-by-Ex") procedure under
OCC Rule 805. This Rule provides that, unless contrary instructions are given, option
contracts that are in-the-money by specified amounts shall be automatically exercised.
In addition to OCC rules, the following Exchange requirements apply with respect to
expiring options. Option holders desiring to exercise or not exercise expiring options
must either:
(i) take no action and allow
exercise determinations to be made in accordance with OCC's rule 805 Ex-by-Ex procedure
where applicable; or
(ii) submit a Contrary Exercise
Advice ("CEA") or Advice Cancel to the Exchange by the deadline specified in paragraph
(d) below.
(c) Exercise Cut-Off Time. Option holders have until 5:30 p.m. (EST) on the
business day of expiration, or, in the case of an option contract expiring on a day that
is not a business day, on the business day immediately prior to the expiration date, to
make a final decision to exercise or not exercise an expiring option. Members may not
accept exercise instructions for customer or non-customer accounts after 5:30 p.m.
(EST).
(d) Submission of Contrary Exercise Advices ("CEAs"). A CEA is a communication
either to not exercise an option that would be automatically exercised pursuant to The
Options Clearing Corporation's ("OCC") Ex-by-Ex procedure, or to exercise an option that
would not be automatically exercised pursuant to OCC's Ex-by-Ex procedure. A CEA may be
submitted by a member or member organization either by using the Exchange's CEA Form,
OCC's clearing system (ENCORE), or a CEA form of any other national securities exchange
of which they are a member and where the option is listed, or via such other method as
the Exchange may prescribe. A CEA may be canceled or resubmitted at any time up to the
exercise cut-off time specified below.
For customer accounts, members and member organizations have until 7:30 p.m. (EST) to
submit a CEA to the Exchange.
For non-customer accounts, members and member organizations have until 7:30 p.m. (EST) to
submit a CEA to the Exchange if such member or member organization employs an electronic
submission procedure with an electronic time stamp (with fixed procedures to ensure
security of the time stamp) to indicate the time of the submission of exercise
instructions by option holders. Members and member organizations are required to
manually submit a CEA by 5:30 p.m. (EST) for non-customer accounts if such members
and/or member organizations do not employ an electronic submission procedure with
electronic time stamp for the submission of exercise instructions by option holders.
(e) Waiver of Ex-by-Ex Procedure. If OCC has waived the Ex-by-Ex procedure for an
options class, members, and member organizations must either:
(i) submit to the Exchange, a
CEA, in a manner specified by the Exchange, within the time limits specified in
paragraph (d) above if the holder intends to exercise the option, or
(ii) take no action and allow
the option to expire without being exercised.
The applicable underlying security price in such instances will be as described in OCC
rule 805(j). In cases where the Ex-by-Ex procedure has been waived, OCC rules require
that members and member organizations wishing to exercise such options must submit an
affirmative Exercise Notice to OCC, whether or not a CEA has been filed with the
Exchange.
(f) Indicating Final Exercise Decisions. An Exchange member organization that has
accepted the responsibility to indicate final exercise decisions on behalf of another
member or non-member organization shall take the necessary steps to ensure that such
decisions are properly indicated to the Exchange. Such member organization may establish
a processing cut-off time prior to the Exchange's exercise cut-off time at which it no
longer will accept final exercise decisions in expiring options from options holders for
whom it indicates final exercise decisions. Each member or member organization that
indicates final exercise decisions through another broker-dealer is responsible for
ensuring that final exercise decisions for all of its proprietary (including market
maker) and public customer account positions are timely indicated to such broker-dealer.
(g) Exceptions to Submitting a CEA; Recordkeeping. Members and member
organizations may receive and submit final exercise decisions after the exercise cut-off
time (but prior to expiration) without having submitted a CEA under the following
circumstances:
(i) in order to remedy mistakes
made in good faith;
(ii) to take appropriate action
as the result of a failure to reconcile unmatched Exchange option transactions; or
(iii) where exceptional
circumstances have restricted an option holder's ability to inform a member organization
of a decision regarding exercise, or a member organization's ability to receive such
decision by the cut-off time.
The burden of establishing any of the above exceptions for a proprietary or customer
account of a member or member organization rests solely on the member or member
organization seeking to rely on such exceptions.
In the event a member or member organization does not timely submit a CEA in accordance
with the requirements of this Rule or does not timely submit a CEA for a final exercise
decision pursuant to an exception in the paragraph above, the responsible member or
member organization shall set forth in a written memorandum the surrounding
circumstances and shall file a copy of the memorandum with the Exchange's Regulatory
staff no later than 12:00 noon (EST) on the business day following the expiration. Such
memorandum must additionally include the time when such final exercise decision was made
or, in the case of a customer, was received, and shall be subject to the recordkeeping
requirements of SEC Rules 17a-3(a)(6) and 17a-4(b).
(h) Modifying the Time for Close of Trading in Options. In the event the Exchange
provides advance notice on or before 5:30 p.m. (EST) on the business day immediately
prior to the business day of their expiration, or, in the case of an option contract
expiring on a day that is not a business day, the business day immediately prior to the
last business day before the expiration date indicating that a modified time for the
close of trading in equity options on such business day of expiration, or, in the case
of an option contract expiring on a day that is not a business day, such last business
day before expiration will occur, then the deadline to make a final decision to exercise
or not exercise an expiring option shall be 1 hour 30 minutes following the time
announced for the close of trading on that day instead of the 5:30 p.m. (EST) deadline
found in paragraph (c). However, members and member organizations have until 7:30 (EST)
to deliver a CEA or Advice Cancel to the Exchange for: (i) customer accounts; and, (ii)
non-customer accounts where such member firm employs an electronic submission procedure
with an electronic time stamp (with fixed procedures to ensure security of the time
stamp) to indicate the time of receipt of exercise instructions.
For non-customer accounts, members and member organizations that do not employ an
electronic submission procedure with a time stamp for the submission of exercise
instructions are required to deliver a CEA or Advice Cancel within 1 hour and 30 minutes
following the time announced for the close of trading on that day instead of the 5:30
p.m. (EST) deadline found in paragraph (d).
(i) Extending or Reducing the Cut-Off Time for Exercise Decisions.
(i) The Exchange may establish
extended cut-off times for a decision to exercise or not exercise an expiring option and
for the submission of CEAs on a case-by-case basis due to an unusual circumstance.
(ii) The Exchange, with at least
one (1) business day prior advance notice, by 12:00 noon (EST) on such day, may
establish a reduced cut-off time for the decision to exercise or not exercise an
expiring option and for the submission of CEAs on a case-by-case basis due to unusual
circumstances; provided, however, that under no circumstances should the exercise
cut-off time and the time for submission of a CEA be before the close of trading.
(j) For purposes of this Rule, the terms "customer account" and "non-customer account"
have the same meaning as in OCC by-laws.
(k) Reporting final exercise decisions contemplated by this Rule does not serve to
substitute as the effective "exercise notice" to OCC for the exercise or non-exercise of
expiring options.
(l) In the event of "unusual circumstances," subparagraph (h)(i) provides that the
Exchange may extend the cut-off times for exercise instructions and the submission of a
CEA beyond the normal time frames specified in paragraph (c). For purposes of
subparagraph (h)(i), an "unusual circumstance" includes, but is not limited to,
increased market volatility; significant order imbalances; significant volume surges
and/or Systems capacity constraints; significant spreads between the bid and offer in
underlying securities; internal System malfunctions affecting the ability to disseminate
or update market quotes and/or deliver orders; or other similar occurrences.
subparagraph (h)(ii) provides that the Exchange may also reduce such cut-off times for
"unusual circumstances." For purposes of subparagraph (h)(ii), an "unusual circumstance"
includes, but is not limited to, a significant news announcement concerning the
underlying security of an option contract that is scheduled to be released just after
the close on the business day the option contract expires, or, in the case of an option
contract expiring on a day that is not a business day, the business day immediately
prior to expiration.
(m) Each member organization shall establish fixed procedures to insure secure time
stamps in connection with their electronic Systems employed for the recording of
submissions to exercise or not exercise expiring options.
(n) It is contemplated by this Rule that effecting an exercise decision in an expiring
option on the basis of material information obtained after the exercise cut-off time is
activity inconsistent with just and equitable principles of trade.
(o) The exercise cut-off requirements contained in this Rule do not apply to any foreign
currency or index option products listed on the Exchange.
(p) Each Member Organization shall prepare a memorandum of every exercise instruction
received showing the time when such instruction was so received. Such memoranda will be
subject to the requirements of SEC Rule 17a-4(b).
Adopted Feb. 3, 2020 (20-03).
(a) Each member organization shall establish fixed procedures for the allocation of
exercise notices assigned in respect of a short position in option contracts in such
member organization's customers' accounts. Such allocation shall be made on a "first-in,
first-out" or automated random selection basis that has been approved by the Exchange or
on a manual random selection basis that has been specified by the Exchange. Each member
organization shall inform its customers in writing of the method it uses to allocate
exercise notices to its customers' accounts, explaining its manner of operation and the
consequences of that system. Allocation procedures for foreign currency options with
customized dates shall conform to the requirements set forth in Options 8, Section
34(c).
(b) Each member organization shall report its proposed method of allocation to the
Exchange and obtain the Exchange's prior approval thereof, and no member organization
shall change its method of allocation unless the change has been reported to and
approved by the Exchange. The requirements of this paragraph shall not be applicable to
allocation procedures submitted to and approved by another Exchange having comparable
standards pertaining to methods of allocation.
(c) Each member organization shall preserve for a three-year period sufficient workpapers
and other documentary materials relating to the allocation of exercise assignment
notices to establish the manner in which allocation of such exercise notices is in fact
being accomplished.
Adopted Feb. 3, 2020 (20-03).
Delivery of the shares of underlying stock or Exchange-Traded Fund Shares (in the case of
an option on a stock or Exchange-Traded Fund Share) upon the exercise of an option
contract, and payment of the aggregate exercise price in respect thereof, shall be
effected in accordance with the rules of The Options Clearing Corporation ("OCC"). As
promptly as practicable after the exercise of a stock or Exchange-Traded Fund Share
option contract by a customer, the member organization shall require the customer to
make full cash payment of the aggregate exercise price in the case of a call option
contract or to deposit the underlying stock or Exchange-Traded Fund Shares in the case
of a put option contract or, in either case, to make the required margin deposit in
respect thereof if such transaction is effected in a margin account, in accordance with
these Rules and the applicable regulations of the Federal Reserve Board. As promptly as
practicable after the assignment to a customer of a stock or Exchange-Traded Fund Share
option exercise notice, the member organization shall require the customer to deposit
the underlying stock or Exchange-Traded Fund Share in the case of a call option contract
if the underlying stock or Exchange-Traded Fund Share is not carried in the customer's
account, or to make full cash payment of the aggregate exercise price in the case of a
put option contract, or, in either case, to make the required margin deposit in respect
thereof if such transaction is effected in a margin account, in accordance with these
Rules and the applicable regulations of the Federal Reserve Board.
IN accordance with the applicable rules of OCC, upon exercise of an in-the-money U.S.
dollar-settled foreign currency option structured as a call, the holder receives, from
OCC, U.S. dollars representing the difference between the exercise strike price and the
closing settlement value of the U.S. dollar-settled foreign currency options contract
multiplied by the number of units of currency covered by the contract. For a U.S.
dollar-settled foreign currency option structured as a put, the holder receives U.S.
dollars representing the excess of the exercise price over the closing settlement value
of the U.S. dollar-settled foreign currency option contract multiplied by the number of
units of foreign currency covered by the contract.
Adopted Feb. 3, 2020 (20-03).