Notice to Members
Notice No. 427
08/21/2008
Revisions to NYMEX/COMEX Rules
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  • Remove NYMEX Resolutions that are outdated–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    • remove all other corporate resolutions (presently under the heading "Resolutions" at the end of the Rulebook) as outdated with the exception of "Resolution of Board of Directors with Respect to Adjudication and Arbitration Panel Members, Resolution to Confer Additional Trading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 relevant–such 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
Should you have any questions or require any further information, please contact exchangeinfo@nymex.com