Notice to Members
Notice No. 527
10/05/2006
Amendments to NYMEX Rule 6.20, Transfer Trades, Office Trades
At its meeting on October 4, 2006, the Board of Directors approved amendments to Rule 6.20, Transfer Trades, Office Trades. Currently, NYMEX rules do not permit a transfer between accounts that affect a change in ownership; however, in rare instances there are circumstances that justify transfers of this kind. The amendments allow the President or his designee to approve a transfer that changes ownership of an existing trade for reasons including the permanent disability of an account owner, the pending sale of the account owner's assets, the preservation of an orderly marketplace, or other good cause as determined by the President or his designee in his sole discretion. These amendments will be effective Monday, October 9, 2006.

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(Additions are in bold/italics.)

Rule 6.20 - Transfer Trades, Office Trades

(A) Transfer trades are limited to trades made upon the books of a Member or Member Firm for the purpose of:

(i) transferring existing trades from one account to another within the same office, or between different offices of such Member or Member Firm, where no change in ownership is involved, except as provided in paragraph (A)(iii), below. The transferred trade must be recorded and carried at the original date and price, or premium, or as otherwise approved in advance by the exchange, on the books of the receiving Member or Member Firm; or

(ii) transferring existing trades from the record of one Member or Member Firm to the record of another futures commission merchant when no change in ownership is involved, except as provided in paragraph (A)(iii), below, provided that no such transfer shall be made after receipt from the Clearing House of notice of intention to deliver on such trades or the issuance by such Member or Member Firm of a Notice of Intention to Accept, or in the case of options contracts after receipt from the Clearing House of notice of exercise and assignment on such trades. The transferred trade in the transferee's office must be recorded and carried at the original date and price or premium.

(iii) A transfer of existing trades, as described in paragraphs (A)(i) and (A)(ii), above, may be made between accounts such that a change in ownership results, only upon the prior approval of the President or his designee. Such approval may be granted by the President or his designee at his sole discretion for reasons including, but not limited to, the permanent disability of an account owner, a pending sale of an entity's assets which include such accounts, or the preservation of an orderly marketplace.

(B) Every person handling, executing, clearing, or carrying trades or contracts which are not competitively executed, shall identify and mark by appropriate symbol or designation all such transactions or contracts and all orders, records, and memoranda pertaining thereto.

Should you have any questions or require any further information, please contact exchangeinfo@nymex.com