Suspension of and Order Instituting Proceedings to Determine Whether to Approve or Disapprove a Proposed Rule Change to Amend its Fee Schedule to Establish an Options Regulatory Fee

On September 27, 2023, MEMX LLC (“MEMX” or the “Exchange”) filed with the Securities and Exchange Commission (the “Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) and Rule 19b-4 thereunder, a proposed rule change (file number SR-MEMX-2023-25) to adopt an Options Regulatory Fee (“ORF”). The proposed rule change was immediately effective upon filing with the Commission pursuant to Section 19(b)(3)(A) of the Act. The proposed rule change was published for comment in the Federal Register on October 4, 2023.

Pursuant to Section 19(b)(3)(C) of the Act,6 the Commission is hereby: (1) temporarily suspending file number SR-MEMX-2023-25; and (2) instituting proceedings to determine whether to approve or disapprove file number SR-MEMX-2023-25.