SEC grants NYSE immediate effectiveness for Rule 123D restoration

The Securities and Exchange Commission published a notice that New York Stock Exchange LLC's (NYSE) proposed rule change to restore former Rule 123D to its rulebook is effective immediately. The filing, made on October 6, 2026, is identified as File No. SR-NYSE-2026-49 and Release No. 34-106700.

The proposal seeks to add back the title "Rule 123D," label it "Reserved," and reinstate the rule's adoption and amendment history. The substantive content of the former rule remains deleted; the change is described as non-substantive and intended to preserve the rule's legacy for posterity. The Exchange filed the proposal under Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4, and asserts consistency with Section 6(b)(5) and Section 6(b)(8) of the Act.

No written comments were solicited or received. The Exchange argues that the amendment imposes no additional burden on competition and merely restores historical references. Because the change does not significantly affect investor protection, the public interest, or competition, the Commission waived the standard 30-day operative delay under Rule 19b-4(f)(6)(iii) and designated the proposal operative upon filing.

The Commission retains authority to temporarily suspend the rule change within 60 days of filing if deemed necessary for the public interest or investor protection, and may initiate proceedings under Section 19(b)(2)(B) of the Act. Interested persons may submit comments electronically via the SEC's internet comment form or by email, referencing file number SR-NYSE-2026-49, with a deadline of November 13, 2026. Paper comments may be sent in triplicate to the SEC Secretary in Washington, D.C.