Date: January 31, 2014 Audience: NYSE Amex Options Participants Subject: Change in NYSE Amex Fees on February 3, 2014 Summary: NYSE Amex Options, subject to filing with the SEC, will amend its Fee Schedule as described below: Options Regulatory Fee (“ORF”) As previously announced, the Exchange is changing the ORF to $0.0055 per contract, effective February 3, 2014. Market Access and Connectivity (“MAC”) Subsidy The Exchange will pay a rebate to eligible ATP Holders that provide electronic access and connectivity to the Exchange to other ATP Holders and/or utilize such access themselves. To qualify for the MAC Subsidy, an ATP Holder must notify the Exchange no later than the last business day of the month in which the ATP Holder would like to be eligible for the MAC Subsidy. Notification must be made by emailing the Exchange at [email protected] and the email must include the name of the ATP Holder seeking the MAC Subsidy as well as a list of unique connections utilized by the ATP Holder to provide access and connectivity to the Exchange for either the ATP Holder or other ATP Holders that are using the ATP Holder’s systems to access the Exchange. The rebate will be paid upon achieving certain volume thresholds consisting of electronic Non-NYSE Amex Market Maker, Firm Proprietary, Professional Customer and/or Broker Dealer ADV’s as shown in the table below: Non-NYSE Amex Options Market Maker, Firm Proprietary, Professional Customer and Broker Dealer Electronic Contract ADV Tiers (excludes mini options and volumes associated with QCC trades) At least .45% of Total Industry Customer equity and ETF option ADV At least .85% of Total Industry Customer equity and ETF option ADV At least 1.25% of Total Industry Customer equity and ETF option ADV Per Contract MAC Subsidy – Retroactive To All Qualifying Contract Volumes Upon Achieving A Higher ADV Tier (excludes mini options and volume associated with QCC trades) $0.04 $0.06 $0.08 QCC Service Fee Elimination and Other Changes The Exchange is eliminating the Service Fee for Firms, Specialists, e-Specialists, and Market Makers (both Directed and non-Directed) exceeding the Monthly Fee Cap that trade with either Customers or nonCustomers. As a result, any participant, upon reaching their respective monthly fee cap that participates in a QCC trade will not be charged the Service Fee of $0.05 when they trade contra to a nonCustomer or $0.10 when they trade contra to a Customer. At the same time, the Exchange is introducing a maximum monthly QCC rebate of $375,000. In any one month, the most the Exchange will pay to any Floor Broker firm under the “Floor Broker Rebate for Executed QCC Orders” will now be $375,000. Elimination of Electronic Firm, Professional Customer and Broker Dealer ADV Tiers The Exchange is eliminating the “Professional Customer and Broker Dealer Electronic ADV Tiers For Taking Liquidity” and the “Firm Proprietary Electronic ADV Tiers”. Instead, the per contract rate charged for electronic Firm Proprietary, Professional Customer and Broker Dealer volumes will be $0.32 per contract, which is the rate charged currently for the lowest level of electronic Firm Proprietary, Professional Customer and Broker Dealer volume tiers. Note that this activity may now be eligible for the MAC Subsidy, described above. Firm Facilitation The Exchange is amending the Fee Schedule to limit the Firm Facilitation rate of $0.00 per contract to those trades that are executed in open outcry, that clear in the firm range (clearance account “F”) with a customer on the contra (clearance account “C”) and the same clearing firm symbol on both sides of the trade. Revised Customer Electronic ADV Tiers for Order Flow Providers (“OFPs”) The Exchange is modifying the existing “Customer Electronic ADV Tiers”, which will be renamed “OFP Electronic ADV Tiers” to more accurately reflect the nature of the tiers. Next, the Exchange is adopting two alternate ways for an OFP to earn a rebate on certain of their electronically executed volumes. Any OFP that qualifies under both Tier 1A and Tier 1B will only be paid the larger of the two rebates. Volume from executions of QCC Orders, Strategy Executions, Mini options contracts, electronic Complex Orders and orders that are routed to one or more exchanges in connection with the Options Order Protection and Locked/Crossed Market Plan referenced in Rule 991NY (“routed orders” for purposes of this rebate) shall not count toward any of the OFP Electronic ADV Tiers. The alternate tiers, the qualifying criteria, eligible volumes and rebates are described in the table below: OFP Electronic ADV Tiers Rebate Per Contract For Certain Electronic Equity and ETF Option Volume (excludes volume from QCC Orders, Strategy Executions, Complex Orders and orders routed away in connection with the Options Order Protection and Locked/Crossed Market Plan referenced in Rule 991NY ) TIER 1A - Electronic Customer volume of at least 2.0% of Total Industry Customer equity and ETF option ADV – rebate paid on Customer electronic $0.06 contract volumes in excess of 200,000 ADV only OR TIER 1B - Electronic volume of at least .75% of Total Industry Customer equity and ETF option ADV where 40% of the electronic volume consists of Non-NYSE Amex Options Market Maker, Firm, Professional Customer and/or Broker Dealer – rebate paid on all Customer electronic contract volumes $0.06 Billing Procedures Consistent with current billing procedures, any rebates earned will be processed with a one month lag. For example, a rebate earned for activity in February will be processed with March invoices. Contact Info: If you have further questions this notice, please contact: Mike Babel (212) 656-4744 or your Relationship Manager at [email protected]. A complete copy of the NYSE Amex options Fee Schedule can be found here. Follow us on Twitter: www.twitter.com/NYSE © 2014 NYSE Euronext. All Rights Reserved.
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