This memorandum details amendments of certain NYMEX and COMEX rules and COMEX
bylaws effective upon completion of the NYMEX merger. A summary of the various
amendments are presented below. A link is provided at the end of this notice that
will provide access to a PDF file on the NYMEX website that contains a redlined
version of all the changes. Changes will become effective on Monday, August 25,
2008, pending final approval by the Exchange on Friday, August 22, 2008.
- Modify rules to reflect changes in corporate structure, including relocation
of bylaw provisions to relevant chapters in the rulebook
- the addition of Chapter 2A describing the Board of Directors-Powers
and Duties,
- Customer Protection Mechanism resolution renumbered to Rule 9.25;
- Modify definitions in Chapters 1 and 101 to reflect present usage within
the new corporate structure and to incorporate terms not presently defined
elsewhere in the rules
- for instance, the term "Clearing House Committee" as used in the
rules means "the CME Clearing House Risk Committee"
- new definitions include "Charter," "Class A Member," "Class A Membership,"
"Class B Member," "Class B Membership," "Clearing Association, Clearing
House or Clearing Department," "Compliance Department," "Public Director"
and "Regular Trading Hours,"
- deleted definitions include "futures" and "member";
- Remove NYMEX Resolutions that are outdated
- remove corporate governance resolution relating to Rule 3.31 and
3.03 regarding powers of the Membership Subcommittee to determine categorizations
of candidates for nomination for election to the Board,
- remove all other corporate resolutions (presently under the heading
"Resolutions" at the end of the Rulebook) as outdated with the exception
of "Resolution of Board of Directors with Respect to Adjudication and
Arbitration Panel Members, Resolution to Confer Additional Trading Privileges
to COMEX members for Platinum, Palladium and Propane, Resolution regarding
the trading of liquefied Propane Gas Futures, and Representation by
Committee Members of Parties to Arbitration;
- Convert current NYMEX share requirement for Member Firms and Clearing
Members to a CME Group share Equivalent
- changes to Rule 2.10, Member Firm Privileges, changes the requirement
that a current NYMEX Division non-clearing Member Firm must hold at
least 150,000 shares of NYMEX Holdings, Inc. common stock to 8,000 shares
in CME Group common stock,
- changes to Rule 9.21 Minimum Capital Requirements and Transfer Restrictions
on Common Stock changes the requirement that current NYMEX Clearing
Members hold 180,000 shares of NYMEX stock to a requirement that they
hold 8,000 shares in CME Group common stock if a NYMEX-only clearing
member and 12,000 shares in CME Group common stock if a NYMEX and CME
or CBOT clearing member and 16,000 shares in CME Group common stock
if a NYMEX, CME and CBOT clearing member;
- Codify emergency procedures to provide for uniform treatment among all
CME Group exchanges
- add Rule 9.06 regarding Emergency Financial Conditions,
- limitation of liability rule changes in Chapters 11 and 11G,
- modify Rule 9.23 to establish uniform Protection of Clearing House
rules for all exchanges in CME Group;
- Remove, from Chapter 3 of the Rulebook, redundant committees and committees
fulfilling functions that will be overseen going forward by parallel committee
or oversight structures within CME Group
- remove committees that are no longer relevantsuch as the Equity
Holder's Advisory Committee,
- remove committees where a parallel oversight structure will be in
place on Day 1 including the Bylaws Committee, the Clearing House Committee,
the Compliance Review Committee (replacement of "Compliance Review Committee"
with "Adjudication Committee" in Rule 6.90 for appeals of trading card
summary fines), the Finance Committee, and the Marketing Committee;
and
- Modify rules throughout current rulebook regarding committee composition
and corporate reporting lines to reflect the new structure –
- modify Rule 3.31 to reflect that Membership Committee jurisdiction
no longer covers "clearing" firms and removing the ability to recommend
amendments to membership rules regarding leasing of trading privileges,
- changes to Rules 5.36 and 5.39 regarding Arbitration Procedures,
- changes to Rule 6.10 removing specific listing of Exchange Officials
and replacing with the more general term "Senior Exchange Officials,"
- removing reporting responsibility for Compliance to report to "the
Board" in light of the change to reporting structure for Compliance
to CME Market Regulation and the CME Group Market Regulation Oversight
Committee,
- modify Rule 8.01 to reflect that the Audit Department may submit
investigative reports to the Clearing House Committee,
- modify Rules 9.01 through 9.06, 9.10, 9.14, 9.17, 9.20, 9.21 and
9.24 to reflect, among other things, that the Clearing House shall be
under the Jurisdiction of the Clearing House Committee, with daily operation
overseen by the President of the Clearing House and Clearing House staff,
- rules throughout Chapter 9 modified to reflect change from Board
oversight of clearing rules to Clearing House Committee oversight,
- replace Director of Market Surveillance with Chief Regulatory Officer
in Rule 9.33,
- remove Office of the Secretary from Rule 9.36A, leaving the Compliance
Department to accept service and set schedules for Appeals Committee
convened under Rule 9.36,
- remove Rule 104.10 (Recesses),
- modify Rules 104.15, 104.62 and 104.69 to reflect changes in corporate
reporting structure (for instance, Secretary is changed to Membership
Services Department to indicate the staff member responsibility within
new reporting structure), and
- remove redundant Rule 104.88 Oversight of Exchange Operations.
Please click on the link below for a redlined version of all rule changes.
http://www.nymex.com/media/rulechanges_082508.pdf |