NYSE American files immediate ICE charter amendment tied to swap facility rules

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NYSE ICE swap rule change

Highlights

NYSE American LLC filed a rule change on May 20, 2026 to align the Intercontinental Exchange, Inc. charter with security-based swap execution facility regulations.
The amendment, filed under Section 19(b)(3)(A) and Rule 19b-4(f)(6), is immediately effective with a 30-day operative delay unless shortened by the Commission.
The SEC retains authority to suspend the rule change within 60 days of filing if it deems necessary for investor protection or public interest.

Filing aligns ICE charter with SBSEF rules

As reported by the Securities and Exchange Commission, NYSE American LLC files the proposed rule change on May 20, 2026 under Section 19(b)(1) of the Securities Exchange Act of 1934 and Rule 19b-4. The exchange says the amendment updates the Seventh Amended and Restated Certificate of Incorporation of Intercontinental Exchange, Inc. to reflect regulations relating to security-based swap execution facilities, while also making non-substantive conforming changes.

The proposal is available on the exchange's website and at its principal office. NYSE American says the change is consistent with Section 6(b) of the Act, particularly Section 6(b)(1), because it supports the exchange's capacity to comply with federal securities law and enforce compliance by its members and associated persons.

Immediate effectiveness with SEC review window

The exchange submits the proposal under Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6), a route used for changes that do not significantly affect investor protection or the public interest and do not impose a significant burden on competition. Under that process, the rule change becomes effective upon filing, subject to a 30-day operative delay unless the Commission designates a shorter period.

The SEC says it may temporarily suspend the rule change at any point within 60 days of the filing if it determines that doing so is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the Act's purposes. For exchange operators and market infrastructure firms, the filing reflects ongoing governance updates tied to the regulatory framework for security-based swap trading venues.

Our earlier coverage focused on the SEC’s move to rescind the 2024 climate disclosure rule for U.S. public companies, a requirement that never took effect due to ongoing litigation and is now being reconsidered under a deregulatory agenda. We noted the debate between business groups and investor advocates over transparency, and highlighted that some issuers may still face climate-reporting obligations under California and EU rules even if the federal requirement is rolled back.

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