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Monday, March 6, 2023

Equity Regulatory Alert #2023 - 2
Nasdaq Announces Regulation SCI BC/DR Testing

Category:

  • Regulatory

Markets Impacted:

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Nasdaq will host its annual Business Continuity and Disaster Recovery Plan test on Saturday, October 14, 2023.

There will also be pre-Reg SCI testing opportunities on Saturday, September 23, 2023 and Saturday, October 7, 2023

Rule 1004 of Regulation SCI requires that each SCI entity designate certain members/participants, based on standards for designation established by the SCI entity, to take part in an annually scheduled Business Continuity and Disaster Recovery (BC/DR) Plan test. While Nasdaq encourages all Members, Member Organizations, PSX Participants and Options Participants of its markets to participate in testing, Nasdaq PHLX LLC (“PHLX” or “PSX”), The Nasdaq Stock Market LLC (“Nasdaq”), The Nasdaq Options Market LLC (“NOM”), Nasdaq BX, Inc. (“BX”), Nasdaq ISE, LLC (“ISE”), Nasdaq GEMX, LLC (“GEMX”) and Nasdaq MRX, LLC (“MRX”) (collectively “Nasdaq Exchanges”) will designate certain Members, Member Organizations, PSX Participants, and Options Participants, as applicable, that are required to participate in the annual BC/DR plan test.

Nasdaq notes that designated members/participants are required to participate in the annual coordinated functional and performance testing and complete the requisite testing as described by Nasdaq. Participation in testing is a condition of membership for such designated members/participants, and failure of designated members/participants is a violation of the respective Nasdaq Exchange’s rules.

Pursuant to BX, Nasdaq, and PHLX General Rule 2, Section 12 and ISE, GEMX, and MRX Options 2, Section 4, Supplementary Material .02, the Nasdaq Exchanges have established standards for the designation of applicable Members, Member Organizations, PSX Participants and Options Participants that are required to participate in the annual Business Continuity and Disaster Recovery Plan test must certify participation and completion of the annual Business Continuity and Disaster Recovery Plan test, which participation includes functional and performance testing as specified by Nasdaq. These standards are as follows:

  • Nasdaq designates the top ten Members by volume executed on the Exchange during the four calendar months immediately prior to Nasdaq’s announcement of the BC/DR test date.
  • PHLX designates the top ten Options Participants by volume executed on PHLX during the four calendar months immediately prior to PHLX’s announcement of the BC/DR Plan test date.
  • BX designates the top five Members based on volume executed on BX during the four calendar months immediately prior to BX’s announcement of the BC/DR Plan test date.
  • PSX designates the top five PSX Participants by volume executed on each Exchange during the four calendar months immediately prior to PSX’s announcement of the BC/DR Plan test date.
  • ISE designates the top ten Members by volume (excluding contracts traded on Nasdaq Precise) executed on ISE during the four calendar months immediately prior to ISE‘s announcement of the BC/DR Plan test date.
  • NOM designates the top five Options Participants by volume executed on NOM during the four calendar months immediately prior to NOM’s announcement of the BC/DR Plan test date.
  • BX Options designates the top five Options Participants by volume executed on each Exchange during the four calendar months immediately prior to BX Options’ announcement of the BC/DR Plan test date.
  • GEMX designates the top five Members by volume (excluding contracts traded on Nasdaq Precise) executed on GEMX during the four calendar months immediately prior to GEMX’s announcement of the BC/DR Plan test date.
  • MRX designates the top five Members based on volume (excluding contracts traded on Nasdaq Precise) executed on MRX during the four calendar months immediately prior to MRX’s announcement of the BC/DR Plan test date.

Participants who meet the criteria requiring participation in the annual Business Continuity and Disaster Recovery Test will be notified by April 3, 2023. If you have not received notification and wish to confirm you are not required to test, please call Market Operations at 1 212 231 5180 option 4.


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Nasdaq (Nasdaq: NDAQ) is a leading global provider of trading, clearing, exchange technology, listing, information and public company services. Through its diverse portfolio of solutions, Nasdaq enables customers to plan, optimize and execute their business vision with confidence, using proven technologies that provide transparency and insight for navigating today's global capital markets. As the creator of the world's first electronic stock market, its technology powers more than 90 marketplaces in 50 countries, and 1 in 10 of the world's securities transactions. Nasdaq is home to approximately 3,900 total listings with a market value of approximately $13 trillion. To learn more, visit: business.nasdaq.com.