

[Federal Register: November 14, 2005 (Volume 70, Number 218)]
[Notices]               
[Page 69173-69179]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no05-76]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52739; File No. SR-CBOE-2004-53]

 
Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing of Proposed Rule Change and Partial 
Amendment No. 1 Relating to Margin Requirements for Complex Options 
Spreads

November 4, 2005.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given 
that on July 30, 2004, the Chicago Board Options Exchange, Incorporated 
(``CBOE'' or the ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change and on August 23, 
2005, filed a partial amendment to its proposed rule change \3\ as 
described in Items I, II and III below, which Items have been prepared 
by the CBOE. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ SR-CBOE-2004-53: Amendment No. 1. CBOE, in coordination with 
the New York Stock Exchange, Inc. (``NYSE''), filed the partial 
amendment to conform the complex options spreads strategies to which 
its rule amendments apply to those of the NYSE.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    CBOE is proposing to incorporate margin requirements that are 
currently set forth in a Regulatory Circular into the Exchange's rules. 
The margin requirements pertain to complex option spreads. The text of 
the proposed rule change is available at the Office of the Secretary, 
CBOE and at the Commission.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, CBOE included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The CBOE has prepared summaries, set forth in sections 
A, B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, Proposed Rule Change

1. Purpose
    The CBOE is proposing to incorporate the provisions of a Regulatory 
Circular (RG03-066--Margin Requirements for Certain Complex Spreads, 
dated August 13, 2003) into the Exchange's margin rules (Chapter 12). 
CBOE Regulatory Circular RG03-066 presents an interpretation of current 
margin requirements that allows the Exchange to derive, and put into 
effect, margin requirements for certain complex option spreads. This 
Regulatory Circular, a copy of which is attached as Exhibit A, was 
approved by the Commission on a one-year pilot basis.\4\ This 
Regulatory Circular has been reissued as RG04-90 (dated August 16, 
2004) and RG05-37 (dated April 6, 2005) pursuant to extensions of the 
pilot period granted by the Commission.\5\
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    \4\ See Securities Exchange Act Release No. 48306 (Aug. 8, 
2003), 68 FR 48974 (Aug. 15, 2003) (approving SR-CBOE-2003-24).
    \5\ See Securities Exchange Act Release No. 50164 (Aug. 6, 
2004), 69 FR 50405 (Aug. 16, 2004) and Securities Exchange Act 
Release No. 51407 (Mar. 22, 2005), 70 FR 15669 (Mar. 28, 2005).
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    As shown in Exhibit B, the Exchange is proposing to add definitions 
in Rule 12.3(a) of a ``long condor spread,'' ``short iron butterfly 
spread'' and ``short iron condor spread.'' These definitions cover six 
of the seven strategies identified in RG03-066. Each definition covers 
two strategies identified in RG03-066 because each definition provides 
for a base strategy, in which all options expire at the same time, and 
a calendar spread strategy, in which a long option may expire after the 
other options expire concurrently.
    The Exchange is proposing a revision to its current definition of a 
butterfly spread to provide for the remaining strategy, a calendar 
spread version of the long butterfly spread (configuration number three 
in RG03-066). These revisions consist of (1) splitting the current 
butterfly spread definition into two definitions, one for the long 
butterfly spread and one for the short butterfly spread, (2) fashioning 
the two definitions so that they are consistent with the style and 
format of the new definitions referred to in the prior paragraph, and 
(3) providing for a calendar spread version in the long butterfly 
spread definition.
    In Regulatory Circular RG03-066, call options were utilized to 
construct three of the seven strategy examples. Each of these three 
strategies has a parallel application with put options. For

[[Page 69174]]

brevity, the put option versions were not specifically identified in 
the Regulatory Circular, but the Regulatory Circular was intended to 
apply to the put option counterpart of each of the strategies 
demonstrated with call options. Both the put and call option versions 
are provided for in the newly proposed rule definitions. The remaining 
four complex spread strategies originally identified in the Regulatory 
Circular involved both call options and put options (that is, ``iron'' 
strategies). Each of these four strategies has a reciprocal 
configuration (that is, the call options can precede the put options in 
ascending sequence of exercise prices). However, there is no need to 
address the reciprocal variations because there is no benefit from a 
margin requirement standpoint of including them in the iron strategy 
definitions.
    As indicated in the Regulatory Circular and discussed in the 
Exchange's original filing of the Regulatory Circular with the 
Commission,\6\ each of the complex spreads identified in the proposed 
rule can be derived by combining and netting two or more option spreads 
(that is, the butterfly spread, the box spread and the time spread) 
that are already identified in the margin rules and ascribed a margin 
requirement. Furthermore, the sum of the margin required on the basic 
option spreads that can be combined and netted to form a complex spread 
covers the maximum risk of the complex spread and, as in the Regulatory 
Circular, is the margin requirement specified in the proposed rules. 
Each of the subject complex spread strategies has a known and limited 
risk when configured as specified in the proposed definitions. As 
proposed, current Rule 12.3(c)(5)(C)(6) is revised to provide a margin 
requirement for each of the long condor spread, short iron butterfly 
spread and short iron condor spread.
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    \6\ See Securities Exchange Act Release No. 48115 (July 1, 
2003), 68 FR 41027 (July 9, 2003).
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    Consistent with the Regulatory Circular, nothing in the proposed 
rule would prevent the subject complex spreads from being established 
outright. Thus, it would not be required that the applicable 
combination of individual option strategies first be established and 
netted.
    Like the Regulatory Circular, the proposed rule prohibits European 
style options in the case of the calendar version of a complex spread, 
and requires that the interval between each option series be equal in 
the case of all complex spread strategies. However, unlike the 
Regulatory Circular, the proposed rules would not limit complex spreads 
to a margin account. The Exchange is additionally proposing a revision 
to Rule 12.3(e)--Customer Cash Account--Spreads, that adds the long 
condor spread, short iron butterfly spread and short iron condor spread 
as strategies permitted to be established and carried in a cash 
account, provided they are composed of cash-settled, European style 
options that all expire at the same time.
    The Exchange has received no negative comments concerning 
Regulatory Circular RG03-66 since it has been issued. The Exchange is 
not aware of any negative consequences as a result of applying the 
margin requirements permitted by Regulatory Circular RG03-66.
2. Statutory Basis
    The Exchange believes that the proposed margin requirements cover 
the maximum risk involved, providing sufficient safety and soundness 
for the clearing firm and the market overall. Additionally, the 
proposed rule would allow investors to more efficiently implement the 
subject complex spreads. As such, the proposed rule change is 
consistent with Section 6(b) of the Act,\7\ in general, and furthers 
the objectives of Section 6(b)(5) \8\ of the Act, in that it is 
designed to perfect the mechanisms of a free and open market and to 
protect investors and the public interest.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any 
burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Within 35 days of the date of publication of this notice in the 
Federal Register or within such longer period (i) as the Commission may 
designate up to 90 days of such date if it finds such longer period to 
be appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule 
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change, as amended, is consistent with the Act. Comments may be 
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to rule-comments@sec.gov. Please include 

File Number SR-CBOE-2004-53 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-CBOE-2004-53. This 
file number should be included on the subject line if e-mail is used. 
To help the Commission process and review your comments more 
efficiently, please use only one method. The Commission will post all 
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, 

all written statements with respect to the proposed rule change that 
are filed with the Commission, and all written communications relating 
to the proposed rule change between the Commission and any person, 
other than those that may be withheld from the public in accordance 
with the provisions of 5 U.S.C. 552, will be available for inspection 
and copying in the Commission's Public Reference section, 100 F Street, 
NE., Washington, DC 20549. Copies of such filing also will be available 
for inspection and copying at the principal office of the CBOE. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CBOE-2004-53 and should be 
submitted on or before December 5, 2005.


[[Page 69175]]


    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\9\
Jonathan G. Katz,
Secretary.
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    \9\ 17 CFR 200.30-3(a)(12).
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Exhibit A

Regulatory Circular RG03-66
To: Member Organizations
From: Division of Regulatory Services
Date: August 13, 2003
Subject: Margin Requirements for Certain Complex Spreads
Exchange Contacts: James Adams (312) 786-7718, Richard Lewandowski 
(312) 786-7183
Key Points
     Certain complex option spreads (specified below) are the 
equivalent of combining two or more spreads that are currently 
recognized in the margin rules of the Chicago Board Options Exchange 
(the ``Exchange'' or ``CBOE'').
     Because these complex spreads can be shown to equate to 
aggregations of two or more currently recognized spreads, current 
margin rules are deemed to provide a margin requirement for each 
complex spread in that the rules provide a margin requirement for each 
spread in the equivalent aggregation.
     Member organizations may require margin for these complex 
spreads of not less than the sum of the margin required on each spread 
in the equivalent aggregation.
     The margin requirements set forth in this Regulatory 
Circular will be in effect as a pilot until August 8, 2004.
Discussion
    It is known that certain complex spread configurations are the net 
result of combining two or more spread strategies that are currently 
recognized in the Exchange's margin rules. Specific complex spread 
configurations are listed below, along with the currently recognized 
spreads to which they can be traced. The expiration months, exercise 
prices, interval between exercise prices, and option premiums used in 
each configuration are for illustration only. However, as illustrated, 
the expiration months and sequence of the exercise prices must fit the 
same pattern, and the intervals between the exercise prices must be 
equal. Note that netting of contracts in option series common to each 
of the currently recognized spreads in an aggregation reduces it to the 
complex spread.

BILLING CODE 8010-01-P

[[Page 69176]]

[GRAPHIC] [TIFF OMITTED] TN14NO05.000

    As illustrated above, the complex spread configurations equate to 
aggregations of currently recognized spreads. Therefore, for complex 
spreads fitting the above configurations, whether established outright 
or through netting, member firms must require initial and maintenance 
margin of not less than the sum of the margin required on each of the 
currently recognized spreads in the applicable aggregation subject to 
the following limitations:
     The complex spread must be carried in a margin account,
     European style options are not permitted for the 
configurations involving time spreads (IV through VII),
     The intervals between exercise prices must be equal, and
     Each complex spread must comprise four option series, 
except for Configuration IV, which must comprise three option series.
    Summing the margin required on each currently recognized spread in 
each of the applicable aggregations renders a margin requirement for 
the subject complex spread configurations as follows:

------------------------------------------------------------------------
              Configuration                      Margin requirement
------------------------------------------------------------------------
I........................................  Pay for the net debit in
                                            full.
II.......................................  Exercise price interval
                                            (aggregate), net credit may
                                            be applied.
III......................................  Exercise price interval
                                            (aggregate), net credit may
                                            be applied.
IV.......................................  Pay for the net debit in
                                            full.
V........................................  Pay for the net debit in
                                            full.
VI.......................................  Exercise price interval
                                            (aggregate), net credit may
                                            be applied.

[[Page 69177]]


VII......................................  Exercise price interval
                                            (aggregate), net credit may
                                            be applied.
------------------------------------------------------------------------

    Using Configuration III as an example, the margin requirement and 
SMA debit or margin call would be as follows:
[GRAPHIC] [TIFF OMITTED] TN14NO05.001

Margin Calculation: $5.00 x 1 contract x 100 shares = $500.00
Margin Requirement: $500.00
SMA Debit or Margin Call: $500.00-$200.00 = $300.00

    Explanation: The initial and maintenance margin requirement is the 
exercise price interval (aggregate). Establishing this complex spread 
results in a net credit of $200.00 that may be applied to the margin 
requirement.
    As shown in the table below, the same margin requirement, and SMA 
debit or margin call, would result by taking the sum of the margin 
required on each spread in the equivalent aggregation.

----------------------------------------------------------------------------------------------------------------
                                                    Net dr or cr               Margin req.          Deposit
----------------------------------------------------------------------------------------------------------------
Long Butterfly..........................  $200 dr.........................                  0               $200
Long Butterfly..........................  $100 dr.........................                  0                100
Short Box 1....................  $500 cr.........................               $500                  0
                                         -----------------------------------
    Total...............................  $200 cr.........................                500                300
----------------------------------------------------------------------------------------------------------------

    The margin requirements set forth in this Regulatory Circular will 
be in effect as a pilot until August 8, 2004.
    Questions regarding margin requirements should be directed to James 
Adams at (312) 786-7718 or Richard Lewandowski at (312) 786-7183.

Exhibit B

(additions: italicized, deletions:[bracketed])
CHICAGO BOARD OPTIONS EXCHANGE, INC.
CHAPTER XII
Margins
Rule 12.3. Margin Requirements
    12.3 (a) Definitions. For purposes of this Rule, the following 
terms shall have the meanings specified below.
    (1) through (4)--No change
    (5) The term ``long butterfly spread'' means long put / two short 
puts / long put or long call / two short calls / long call where: the 
options are on the same underlying instrument, the long options are 
different option series, the short options are the same option series, 
the exercise prices of the positions are in ascending order, either all 
options expire at the same time or a long option expires after the 
other options expire concurrently, and the interval between exercise 
prices is equal. In the case of long butterfly spreads composed of 
cash-settled, European style index options, all options must expire at 
the same time. [The term ``butterfly spread'' means an aggregation of 
positions in three series of either put or call options all having the 
same underlying component or index and time of expiration, and based on 
the same aggregate current underlying value, where the interval between 
the exercise price of each series is equal, which positions are 
structured as either (A) a ``long butterfly spread'' in which two short 
options in the same series are offset by one long option with a higher 
exercise price and one long option with a lower exercise price or (B) a 
``short butterfly spread'' in which two long options in the same series 
offset one short option with a higher exercise price and one short 
option with a lower exercise price.]
    (6) The term ``short butterfly spread'' means short put / two long 
puts / short put or short call / two long calls / short call where: the 
options are on the same underlying instrument, the short options are 
different option series, the long options are the same option series, 
the exercise prices of the positions are in ascending order, all 
options expire at the same time, and the interval between exercise 
prices is equal.
    (7) The term ``long condor spread'' means long put / short put / 
short put / long put or long call / short call / short call / long call 
where: the options are on the same underlying instrument, each option 
is a different option series, the exercise prices of the options are in 
ascending order, either all options expire at the same time or a long 
option expires after the other options expire concurrently, and the 
interval between exercise prices is equal. In the case of long condor 
spreads composed of cash-settled, European style index options, all 
options must expire at the same time.
    (8) The term ``short iron butterfly spread'' means long put / short 
put / short call / long call where: the options

[[Page 69178]]

are on the same underlying instrument, each option is a different 
option series, the exercise prices of the options are in ascending 
order, the short options have the same exercise price, either all 
options expire at the same time or a long option expires after the 
other options expire concurrently, and the interval between exercise 
prices is equal. In the case of short iron butterfly spreads composed 
of cash-settled, European style index options, all options must expire 
at the same time.
    (9) The term ``short iron condor spread'' means long put / short 
put / short call / long call where: the options are on the same 
underlying instrument, each option is a different option series, the 
exercise prices of the options are in ascending order, either all 
options expire at the same time or a long option expires after the 
other options expire concurrently, and the interval between exercise 
prices is equal. In the case of short iron condor spreads composed of 
cash-settled, European style index options, all options must expire at 
the same time.
    [(6)](10) The term ``box spread'' means an aggregation of positions 
in a long call option and short put option with the same exercise price 
(``buy side'') coupled with a long put option and short call option 
with the same exercise price (``sell side'') all of which have the same 
underlying component or index and time of expiration, and are based on 
the same aggregate current underlying value, and are structured as 
either: (A) a ``long box spread'' in which the sell side exercise price 
exceeds the buy side exercise price or (B) a ``short box spread'' in 
which the buy side exercise price exceeds the sell side exercise price.
    [(7)](11) The term ``underlying stock basket'' means a group of 
securities which includes each of the component securities of the 
applicable index and which meets the following conditions (i) the 
quantity of each stock in the basket is proportional to its 
representation in the index, (ii) the total market value of the basket 
is equal to the underlying index value of the index options or warrants 
to be covered, (iii) the securities in the basket cannot be used to 
cover more than the number of index options or warrants represented by 
that value and (iv) the securities in the basket shall be unavailable 
to support any other option or warrant transaction in the account.
    [(8)](12) The term ``cash equivalent'' is as defined in Section 
220.2 of Regulation T of the Board of Governors of the Federal Reserve 
System.
    [(9)](13) The term ``listed'' for purposes of this Chapter 12 means 
a security traded on a registered national securities exchange or 
automated facility of a registered national securities association.
    [(10)](14) The term ``OTC margin bond'' for purposes of this 
Chapter 12 means (1) any debt securities not traded on a national 
securities exchange that meet all of the following requirements (a) at 
the time of the original issue, a principal amount of not less than 
$25,000,000 of the issue was outstanding; (b) the issue was registered 
under Section 5 of the Securities Act of 1933 and the issuer either 
files periodic reports pursuant to the Act or is an insurance company 
under Section 12(g)(2)(G) of the Act; or (c) at the time of the 
extension of credit the creditor has a reasonable basis for believing 
that the issuer is not in default on interest or principal payments; or 
(2) any private pass-through securities (not guaranteed by a U.S. 
government agency) that meet all of the following requirements: (a) An 
aggregate principal amount of not less than $25,000,000 was issued 
pursuant to a registration statement filed with the Commission; and (b) 
current reports relating to the issue have been filed with the 
Commission; and (c) at the time of the credit extension, the creditor 
has a reasonable basis for believing that mortgage interest, principal 
payments and other distributions are being passed through as required 
and that the servicing agent is meeting its material obligations under 
the terms of the offering.
    (b)--No change
    (c)(1) through (c)(5)(C)(5)--No change
    [6) Butterfly Spread. This subparagraph (c)(6)(C)(6) applies to a 
butterfly spread as defined in subparagraph (a)(5) of this Rule where 
all option positions are listed or guaranteed by the carrying broker-
dealer.
    (1) In respect of a long butterfly spread as defined in 
subparagraph (a)(5) of this Rule, the net debit must be paid in full.
    (2) In respect of a short butterfly spread as defined in 
subparagraph (a)(5) of this Rule, margin must be deposited and 
maintained equal to at least the amount of the aggregate difference 
between the two lowest exercise prices with respect to short butterfly 
spreads comprised of calls options or the aggregate difference between 
the two highest exercise prices with respect to short butterfly spreads 
comprised of put options. The net proceeds from the sale of short 
option components may be applied to the requirement.]
    (6) Long Butterfly Spread or Long Condor Spread. This subparagraph 
(c)(5)(C)(6) applies to a long butterfly or condor spread as defined in 
subparagraphs (a)(5) and (a)(7), respectively, of this Rule where all 
option positions are listed or guaranteed by the carrying broker-
dealer. In respect of a long butterfly or long condor spread as defined 
in subparagraphs (a)(5) and (a)(7), respectively, of this Rule, the net 
debit must be paid in full.
    (7) Short Butterfly Spread, Short Iron Butterfly Spread or Short 
Iron Condor Spread. This subparagraph (c)(5)(C)(7) applies to a short 
butterfly, short iron butterfly or short iron condor spread as defined 
in subparagraphs (a)(6), (a)(8) and (a)(9), respectively, of this Rule 
where all option positions are listed or guaranteed by the carrying 
broker-dealer. In respect of a short butterfly, short iron butterfly or 
short iron condor spread as defined in subparagraphs (a)(6), (a)(8) and 
(a)(9), respectively, of this Rule, margin must be deposited and 
maintained equal to at least the amount of the exercise price interval. 
The net proceeds from the sale of short option components may be 
applied to the requirement.
    [(7)](8) Box Spread. This subparagraph [(c)(6)(B)(7)] (c)(5)(C)(8) 
applies to box spreads as defined in subparagraph (a)[(6)](10) of this 
Rule where all option positions are listed or guaranteed by the 
carrying broker-dealer.
    (1) In respect of a long box spread as defined in subparagraph 
(a)[(6)](10) of this Rule, the net debit must be paid in full.
    (2) In respect of a short box spread as defined in subparagraph 
(a)[(6)](10) of this Rule, margin must be deposited and maintained 
equal to at least the amount of the aggregate difference between the 
exercise prices. The net proceeds from the sale of short option 
components may be applied to the requirement.
    [(8)](9) Long Box Spread in European Style Options. In respect of a 
long box spread as defined in subparagraph (a)[(6)](10) of this Rule, 
in which all component options have a European style exercise provision 
and are listed or guaranteed by the carrying broker-dealer; margin must 
be deposited equal to at least 50% of the aggregate difference in the 
exercise prices. The net proceeds from the sale of short option 
components may be applied to the requirement. For margin purposes, the 
long box spread may be valued at an amount not to exceed 100% of the 
aggregate difference in the exercise prices.
    (d)--No change
    (e) Customer Cash Account--Spreads. A European style cash-settled 
index option, stock index warrant or currency index warrant carried in 
a short position

[[Page 69179]]

is deemed a covered position, and eligible for the cash account, 
provided a long position in a European style cash-settled index option, 
stock index warrant or currency warrant having the same underlying 
component or index that is based on the same aggregate current 
underlying value, is held in or purchased for the account on the same 
day provided:
    (1)--No change
    (2) Long Butterfly Spreads, Short Butterfly Spreads, Long Condor 
Spreads, Short Iron Butterfly Spreads or Short Iron Condor Spreads. The 
captioned spreads, as defined in subparagraphs (a)(5), (a)(6), (a)(7), 
(a)(8) and (a)(9), respectively, of this Rule, are permitted in a cash 
account only if they are composed of cash settled, European style 
options and all options expire at the same time, [Put or call options 
carried in a short position are deemed covered positions and eligible 
for the cash account provided the account contains long positions of 
the same type which in conjunction with the short options constitute a 
butterfly spread as defined in subparagraph (a)(5) of this Rule] and 
provided:
    [(A) all component options are European style,]
    [(B) all component options are cash settled,]
    [(C)](A) the long options are held in, or purchased for the account 
on the same day,
    [(D)](B) in respect of a long butterfly spread or long condor 
spread as defined in subparagraphs (a)(5) and (a)(7), respectively, of 
this Rule, the net debit is paid in full,
    [(E)](C) in respect of a short butterfly spread, short iron 
butterfly spread or short iron condor spread as defined in 
subparagraphs (a)([5]6), (a)(8) and (a)(9), respectively, of this Rule, 
either there is held in the account at the time the positions are 
established or received into the account promptly thereafter:
    (1) Cash or cash equivalents of not less than the amount of the 
exercise price interval[aggregate difference between the two lowest 
exercise prices with respect to short butterfly spreads comprised of 
call options or the aggregate difference between the two highest 
exercise prices with respect to short butterfly spreads comprised of 
put options], to which requirement the net proceeds from the sale of 
short option components may be applied, or
    (2) An escrow agreement. The escrow agreement must certify that the 
bank holds for the account of the customer as security for the 
agreement (1) cash, (2) cash equivalents or (3) a combination thereof 
having an aggregate market value at the time the positions are 
established of not less than the amount of the exercise price 
interval[aggregate difference between the two lowest exercise prices 
with respect to short butterfly spreads comprised of call options or 
the aggregate difference between the two highest exercise prices with 
respect to short butterfly spreads comprised of put options] and that 
the bank will promptly pay the member organization such amount in the 
event the account is assigned an exercise notice [on the call (put) 
with the lowest (highest) exercise price].
    [(F)](D) all component options are listed or guaranteed by the 
carrying broker-dealer.
    (3)--No change
    12.3(f) through (k)--No change

* * *Interpretations and Policies:
    .01-.19--No change

 [FR Doc. E5-6249 Filed 11-10-05; 8:45 am]

BILLING CODE 8010-01-P
