The Commission may designate any board of trade located in the United States as a contract market for the trading of options on contracts of sale for future delivery, when the applicant complies with and carries out the requirements of the Act (as provided in § 33.2), the regulations in this part, and the following conditions and requirements with respect to the commodity option for which the designation is sought:
(a) Such board of trade -
(1) Applies for designation as a contract market for the purpose of trading “put” and/or “call” options which:
(i) Are not capable of being transferred, assigned or otherwise disposed of other than on or subject to the rules of the board of trade; and
(ii) With respect to options on futures contracts, may be exercised only by the establishment, by book entry, in the clearing organization of positions in the underlying futures contract.
(2) [Reserved]
(3) If designation for the trading of options on futures contracts is sought, is designated as a contract market for the underlying contract of sale for future delivery which is the subject of the option for which designation is sought, and submits, if so requested by the Commission, the information called for by § 1.50 of this chapter (relating to continued compliance with the conditions and requirements for designation as a contract market) for the specified futures contract underlying the option for which the designation is sought, and the applicant complies with the conditions and requirements for designation as a contract market for such contract for future delivery as set forth in sections 5 and 5a(a) of the Act and as set forth in these regulations.
(4) [Reserved]
(5) Demonstrates that:
(i) The commodity option for which it is requesting designation is likely to serve a legitimate economic purpose;
(ii)-(iv) [Reserved]
(b) Such board of trade adopts rules which:
(1) Prescribe in regard to strike prices:
(i) The dollar amount of the intervals between strike prices;
(ii) The strike prices at which trading in a new option expiration will be introduced;
(iii) The point, in terms of the price of the underlying futures contract, at which a new strike price will be introduced in any option which is already trading;
(iv) [Reserved]
(2) Prescribe an expiration date of the option that is not less than one business day before the earlier of the last trading day or the first notice day of any futures contract on the same or a related commodity; Provided, however, That where the underlying futures contract is cash-settled, the option may expire simultaneously with the expiration of the futures contract.
(3) Require that upon exercise of each option, notification thereof be given to the option grantor.
(4) Require, with respect to all written option customer complaints, that each member futures commission merchant which engages in the offer or sale of commodity options regulated under this part:
(i) Retain all such complaints;
(ii) Make and retain a record of the date the complaint was received, the associated person who serviced, or the introducing broker who introduced, the account, a general description of the matter complained of, and what, if any, action was taken by the futures commission merchant in regard to the complaint; and
(5) Require each member futures commission merchant which engages in the offer or sale of option contracts regulated under this part to adopt and enforce written procedures pursuant to which it will be able to supervise adequately each option customer's account, including but not limited to, the solicitation of any such account: Provided, That as used in this paragraph (b)(5), the term “option customer” does not include another futures commission merchant.
(6) [Reserved]
(7) Require each member futures commission merchant which engages in the offer or sale of option contracts regulated under this part to enforce the disclosure requirements set forth in § 33.7.
(8)-(9) [Reserved]
(10) Prohibit fraudulent or high-pressure sales communications by member futures commission merchants relating to the offer or sale of option contracts regulated under this part.
(11) Establish appropriate criteria which are reasonably designed to secure performance, upon exercise, of the option contracts.
(c) Such board of trade establishes procedures and conducts sales practice audits of member futures commission merchants which engage in the offer or sale of option contracts regulated under this part. These sales practice audits must be of sufficient scope to enforce the contract market's rules, including imvestigation for the improper handling of discretionary accounts, inadequate internal supervision, fraudulent or high-pressure sales communications, compliance with disclosure requirements, improper handling and disposition of option customer complaints, and, where applicable, the futures commission merchant's offer or sale of deep-out-of-the-money options.
(d) A board of trade must submit an analysis and justification of the individual terms and conditions of the option contract. In determining whether to approve option contract terms and conditions, the Commission may consider the analysis and justification submitted for such terms and conditions, including, without limitation:
(1) [Reserved]
(2) The conditions precedent to the exercise of the commodity option and the method by which the option may be exercised;
(3) The nature of the clearing mechanism to be utilized for the commodity option, and the differences, if any, among the clearing mechanisms for options on futures contracts, and futures contracts;
(4) Specific notice periods, including the periods from the date notice of intent to exercise an option is given until exercise is accomplished;
(5) The default provisions and procedures of the commodity option, if any; and
(6) Permitted deviations from or substitutes for compliance with the terms and conditions set forth in paragraphs (d) (1) through (5) of this section.
(e) Such board of trade provides for the general quotation and dissemination of volume and last sale price information on a timely basis with respect to the commodity option for which designation is sought and with respect to the underlying futures contract.
(f) Such board of trade demonstrates that clearance and processing of option transactions on or subject to the rules of the board of trade will not adversely affect the clearance and processing of any transactions for future delivery on or subject to the rules of the board of trade.
(Approved by the Office of Management and Budget under control number 3038-0007)
[46 FR 54529, Nov. 3, 1981]