NYSE seeks immediate adoption of Rule 2(c) amendment to restore omitted language

On Oct. 19, 2026, New York Stock Exchange LLC filed a non-controversial proposed rule change (File No. SR-NYSE-2026-52; Release No. 34-106770) to amend Exchange Rule 2(c). The Exchange requests that the Commission waive the standard 30-day operative delay so the amendment can become effective on the same date as its previously approved "Approved Person" filing, Oct. 18, 2026.

The amendment adds the phrase "a person engaged in a securities or kindred business that is controlled by a member or member organization" to Rule 2(c)(3). The revised paragraph would read: "(3) any person (excluding a governmental entity) directly or indirectly controlling or controlled by a member organization, a person engaged in a securities or kindred business that is controlled by a member or member organization, or a U.S. registered broker-dealer under common control with a member organization (a 'Control Person')." No other language in Rule 2 is changed.

The change corrects an inadvertent omission in the text of Rule 2(c)(3) that arose when the Exchange filed the Approved Person filing on Sept. 18, 2026. That filing eliminated the "approved person" registration category, adopted a new definition of "associated person" based on FINRA Rule 1011(b), and became operative on Oct. 18, 2026. The Exchange argues that restoring the omitted clause merely aligns the rule text with the originally described proposal and does not alter the scope of its jurisdiction.

The Exchange cites Section 6(b)(5) of the Securities Exchange Act of 1934 as the statutory basis, asserting that the technical correction promotes a free and open market and protects investors. It also states that the amendment imposes no unnecessary burden on competition under Section 6(b)(8).

No written comments were received on the proposal. The Commission is now soliciting comments before deciding whether to grant the waiver and allow the amendment to become effective on Oct. 18, 2026.