In The Matter Of The Application Of BATS Exchange, Inc. For Registration As A National Securities Exchange Findings, Opinion, And Order Of The Commission - 8/18/2008

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2008 News and Press Releases

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In The Matter Of The Application Of BATS Exchange, Inc. For Registration As A National Securities Exchange Findings, Opinion, And Order Of The Commission
Staff Writer

Securities And Exchange Commission. August 18, 2008

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EXCERPT: I. Introduction, On November 8, 2007, BATS Exchange, Inc. (“BATS Exchange” or “Exchange”) submitted to the Securities and Exchange Commission (“Commission”) a Form 1 application (“Form 1”) under the Securities Exchange Act of 1934 (“Act”), seeking registration as a national securities exchange pursuant to Section 6 of the Act.1 On February 13, 2008, BATS Exchange submitted Amendment No. 1 to its Form 1. Notice of the application, as amended, was published for comment in the Federal Register on February 20, 2008.2 The Commission 1 15 U.S.C. 78f. 2 See Securities Exchange Act Release No. 57322 (February 13, 2008), 73 FR 9370 (“Notice”). received one comment letter regarding the BATS Exchange Form 1.3 On June 18, 2008, BATS Exchange filed Amendment No. 2 to its Form 1.4 II. Statutory Standards, Under Sections 6(b) and 19(a) of the Act,5 the Commission shall by order grant a registration as a national securities exchange if it finds that the exchange is so organized and has the capacity to carry out the purposes of the Act and can comply, and can enforce compliance by 3 The commenter expressed support for the BATS Exchange Form 1. See letter from Brian McPartlin dated February 14, 2008.

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