Self-Regulatory Organizations; the Depository Trust Company and National Securities Clearing Corporation; Order Approving Proposed Rule Changes, as Amended, To Provide for the Settlement of Institutional Transactions in Conjunction With Each Other Through a Service Called ID Net, 32373-32376 [E8-12667]
Download as PDF
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Notices
PWALKER on PROD1PC71 with NOTICES
IV. Commission’s Findings and Order
Granting Accelerated Approval of the
Proposed Rule Change
After careful review, the Commission
finds that the proposed rule change is
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to a national
securities exchange.13 In particular, the
Commission finds that the proposed
rule change is consistent with Section
6(b)(5) of the Act,14 which requires that
an exchange have rules designed, among
other things, to promote just and
equitable principles of trade, to remove
impediments to and perfect the
mechanism of a free and open market
and a national market system, and in
general to protect investors and the
public interest. The Commission
believes that this proposal should
benefit investors by increasing
competition among markets that trade
the Shares.
In addition, the Commission finds
that the proposal is consistent with
Section 12(f) of the Act,15 which permits
an exchange to trade, pursuant to UTP,
a security that is listed and registered on
another exchange.16 The Commission
notes that it previously approved the
listing and trading of the Shares on
Amex.17 The Commission also finds that
the proposal is consistent with Rule
12f–5 under the Act,18 which provides
that an exchange shall not extend UTP
to a security unless the exchange has in
effect a rule or rules providing for
transactions in the class or type of
security to which the exchange extends
UTP. The Exchange has represented that
it meets this requirement because it
deems the Shares to be equity securities,
thus rendering trading in the Shares
subject to the Exchange’s existing rules
governing the trading of equity
securities.
The Commission further believes that
the proposal is consistent with Section
11A(a)(1)(C)(iii) of the Act,19 which sets
forth Congress’ finding that it is in the
13 In approving this rule change, the Commission
notes that it has considered the proposal’s impact
on efficiency, competition, and capital formation.
See 15 U.S.C. 78c(f).
14 15 U.S.C. 78f(b)(5).
15 15 U.S.C. 78l(f).
16 Section 12(a) of the Act, 15 U.S.C. 78l(a),
generally prohibits a broker-dealer from trading a
security on a national securities exchange unless
the security is registered on that exchange pursuant
to Section 12 of the Act. Section 12(f) of the Act
excludes from this restriction trading in any
security to which an exchange ‘‘extends UTP.’’
When an exchange extends UTP to a security, it
allows its members to trade the security as if it were
listed and registered on the exchange even though
it is not so listed and registered.
17 See supra notes 4 and 5.
18 17 CFR 240.12f–5.
19 15 U.S.C. 78k–1(a)(1)(C)(iii).
VerDate Aug<31>2005
16:09 Jun 05, 2008
Jkt 214001
public interest and appropriate for the
protection of investors and the
maintenance of fair and orderly markets
to assure the availability to brokers,
dealers, and investors of information
with respect to quotations for and
transactions in securities. Quotations for
and last-sale information regarding the
Shares are disseminated through the
facilities of the CTA and the
Consolidated Quotation System.
Furthermore, the IIV, updated to reflect
changes in currency exchange rates, will
be calculated by Amex and publicly
disseminated on a 15-second delayed
basis from 8:30 a.m. to 3:14 p.m. CT. As
mentioned above, Amex’s Web site
provides various information about the
value of the Shares, such as the prior
business day’s closing NAV, the
reported closing price, and the daily
trading volume.
The Commission also believes that the
Exchange’s trading halt procedures are
reasonably designed to prevent trading
in the Shares when transparency is
impaired. CHX has represented that if
the listing market halts trading when the
IIV is not being calculated or
disseminated, the Exchange would halt
trading in the Shares until trading
resumes on the listing market.
The Commission notes that, if the
Shares should be delisted by the listing
exchange, the Exchange would no
longer have authority to trade the Shares
pursuant to this order.
In support of this proposal, the
Exchange has made the following
representations:
1. The Exchange’s surveillance
procedures are adequate to properly
monitor Exchange trading of the Shares
in all trading sessions and to deter and
detect violations of Exchange rules.
2. Prior to the commencement of
trading, the Exchange would inform its
Participants in an Information Bulletin
of the special characteristics and risks
associated with trading the Shares.
3. Prior to the commencement of
trading, the Exchange would inform its
Participants in an Information Bulletin
of the requirement that Participants
deliver a prospectus or Product
Description to investors purchasing
newly issued Shares prior to or
concurrently with the confirmation of a
transaction.
This approval order is based on the
Exchange’s representations.
The Commission finds good cause for
approving this proposal before the
thirtieth day after the publication of
notice thereof in the Federal Register.
As noted previously, the Commission
previously found that the listing and
trading of the Shares on other exchanges
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
32373
is consistent with the Act.20 The
Commission presently is not aware of
any regulatory issue that should cause it
to revisit those findings or would
preclude the trading of the Shares on
the Exchange pursuant to UTP.
Therefore, accelerating approval of this
proposal should benefit investors by
creating, without undue delay,
additional competition in the market for
the Shares.
V. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,21 that the
proposed rule change (SR–CHX–2008–
07) be, and it hereby is, approved on an
accelerated basis.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.22
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–12629 Filed 6–5–08; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57901; File Nos. SR–DTC–
2007–14 and SR–NSCC–2007–14]
Self-Regulatory Organizations; the
Depository Trust Company and
National Securities Clearing
Corporation; Order Approving
Proposed Rule Changes, as Amended,
To Provide for the Settlement of
Institutional Transactions in
Conjunction With Each Other Through
a Service Called ID Net
June 2, 2008.
I. Introduction
October 15, 2007, The Depository
Trust Company (‘‘DTC’’) and the
National Securities Clearing Corporation
(‘‘NSCC’’) each filed with the Securities
and Exchange Commission
(‘‘Commission’’) and on December 20,
2007, and on February 25, 2008, each
amended their proposed rule changes
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’).1 Notice of the proposal was
published in the Federal Register on
April 2, 2008.2 The Commission
received no comment letters in response
to the proposed rule changes. For the
reasons discussed below, the
20 See
supra notes 4 and 5.
U.S.C. 78s(b)(2).
22 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 Securities Exchange Act Release No. 57573
(March 27, 2008), 73 FR 18019 (SR–DTC–2007–14
and SR–NSCC–2007–14).
21 15
E:\FR\FM\06JNN1.SGM
06JNN1
32374
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Notices
Commission is approving the proposed
rule changes, as amended.
II. Description
1. Background
Unlike exchange trades and most
prime broker trades, most institutional
delivery (‘‘ID’’) transactions do not
currently flow through NSCC’s
Continuous Net Settlement system
(‘‘CNS’’).3 Rather, these institutional
transactions are processed and settled at
DTC. The ID Net Service will allow
subscribers to the service to net all
eligible affirmed institutional
transactions at DTC against their CNS
transactions at NSCC.
The ID Net Service will accept
affirmed institutional transactions that
are eligible for the ID Net Service from
clearing agencies registered pursuant to
Section 17A of the Act, other entities
(such as Omgeo Matching Services—US
LLC) which have obtained an exemption
from clearing agency registration from
the Commission, and Qualified
Vendors, as defined in the rules of the
New York Stock Exchange, the National
Association of Securities Dealers, or
other self-regulatory organizations
(entities with exemptions from clearing
agency registration or Qualified Vendor
are collectively referred to as ‘‘Affirming
Agencies’’), and net the broker-dealer
side of such transaction with the brokerdealer’s CNS obligations.
Eligibility for the ID Net Service will
require that a broker-dealer be an NSCC
Member eligible for CNS processing and
a DTC Participant (‘‘ID Net Firm’’) and
that a bank be a DTC Participant (‘‘ID
Net Bank’’) (collectively ‘‘ID Net
Subscribers’’). In addition, eligibility for
ID Net Service processing will be based
on the underlying security being
processed, the type of transaction
submitted for processing, and the timing
of affirmation. Participation in the ID
Net Service will be voluntary and will
be governed by the rules and procedures
applicable to the ID Net Service as
described below. All ID Net Subscribers
will be required to enter into separate ID
Net Subscriber agreements with NSCC
and/or DTC, as applicable, governing
their use of the ID Net Service.
PWALKER on PROD1PC71 with NOTICES
2. Current Processing
A typical ID transaction is currently
processed as follows. An Investment
Manager, acting on behalf of its
3 NSCC’s CNS is an automated accounting and
securities settlement system that centralizes and
nets the settlement of compared and recorded
securities transactions and maintains an orderly
flow of security and money balances. CNS provides
clearance for equities, corporate bonds, unit
investment trusts, and municipal bonds that are
eligible for book-entry transfer at DTC.
VerDate Aug<31>2005
16:09 Jun 05, 2008
Jkt 214001
Institutional client, executes a
transaction with Firm A. The
Investment Manager, or a Custodian
acting on its behalf, and Firm A submit
the transaction data to an Affirming
Agency (for example, Omgeo) for
confirmation/affirmation. Once
affirmed, the Affirming Agency’s
automated systems transmit settlement
instructions for the matched transaction
to DTC’s Inventory Management System
(‘‘IMS’’) to be processed. These ID
transactions are not netted, rather they
are settled on a trade-for-trade basis at
DTC.
3. Proposed Service
In order to extend netting benefits and
efficiencies to institutional transactions,
NSCC will extend its clearance and
settlement functionalities to net the
broker-dealer’s side of institutional
transactions with the broker-dealer’s
broker-to-broker activity that is eligible
for processing through NSCC’s CNS
service.
Most equity securities that are
currently eligible for CNS processing
will be eligible for ID Net Service
processing. However, ID Net Services
will initially exclude the following: (1)
Corporate and municipal bonds and
unit investment trust issues; (2) new
issue securities in their first day of IPO
trading; (3) securities that are IPO
tracked since the use of omnibus
accounts will bypass the tracking
system; (4) trades in issues that are
currently undergoing a mandatory or
voluntary reorganization; (5) trades in
securities with a CNS buy-in; and (6)
trades in securities appearing on the
Commission’s Regulation SHO list.4
To facilitate the processing of ID Net
Service transactions, two new securities
accounts will be established by NSCC at
DTC on behalf of all ID Net Firms that
have elected to use the ID Net Service—
the ‘‘ID Netting Subscriber Deliver
Account’’ and the ‘‘ID Netting
Subscriber Receive Account’’
(collectively referred to as the ‘‘ID
Netting Subscriber Accounts’’). NSCC
will be the owner of both accounts and
will act as agent for the ID Net Firms.
NSCC will process ID Net Service
transactions through these accounts on
behalf of participating ID Net Firms.
While NSCC will direct transactions
through these accounts on behalf of the
ID Net Firms, the ID Net Firms, not
NSCC, will be responsible for satisfying
4 NSCC
has determined that certain security types
may have a relatively high rate of delivery failure
or may disrupt normal processing of transactions in
the ID Net Service. Such securities will initially be
excluded from the service; however, as experience
with the service grows, the status of such securities
may be reevaluated.
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
applicable DTC risk management
controls and Participant Fund
requirements for their activity in the ID
Netting Subscriber Accounts.
The ID Netting Subscriber Deliver
Account will be maintained for all ID
Net Firms receiving ID Net Eligible
Securities from an ID Net Bank. The ID
Netting Member Receive Account will
be maintained for all ID Net Firms
receiving ID Net Eligible Securities from
CNS that are bound for delivery by that
ID Net Firm to an ID Net Bank.5
With the establishment of these two
new ID Netting accounts, ID Net Service
transactions will be processed as
follows. Upon affirmation, the Affirming
Agency will check that the transaction
is eligible for ID Net Service processing.
If the transaction qualifies, the
Affirming Agency prior to submitting
that affirmed transaction to IMS will
flag the transaction by populating the
delivery instructions third party field
with the account number of the ID
Netting Subscriber.
IMS will facilitate the delivery of the
securities, subject to DTC’s risk
management controls, to the ID Netting
Subscriber Deliver Account. On the
night of trade date plus two (‘‘T+2’’), the
ID Net Firm’s CNS position, if any, will
be updated for the quantity and value of
the ID Net Service transaction and an
open obligation in the ID Netting
Subscriber Deliver Account will be
created.
For transactions in which the ID Net
Firm is delivering securities to an ID Net
Bank, on the night of T+2, the ID Net
Firm’s CNS position, if any, will be
updated for the quantity and value of
the ID Net Service transaction and an
open obligation in the ID Netting
Subscriber Receive Account will be
created. Once the securities are credited
to the ID Netting Subscriber Receive
Account, the securities will be
delivered, subject to DTC’s Risk
Management controls, to the ID Net
Bank’s account.
ID Net Service transactions not
completed for any reason, including due
to a party’s failure to deliver or pass
DTC’s risk management controls, by
11:30 a.m. on settlement date will be
‘‘dropped’’ from ID Net Service and
instead will be settled trade-for-trade
between the original counterparties at
DTC as if the transaction had not been
included in the ID Net Service.
5 ID Net Firms will not have the ability to direct
transactions to either ID Netting Subscriber
Account. All ID Net Firm positions in either the ID
Netting Subscriber Deliver Account or the ID
Netting Subscriber Receive Account will be
recorded separately by NSCC and in no event will
securities positions of one ID Net Firm be attributed
to another ID Net Firm.
E:\FR\FM\06JNN1.SGM
06JNN1
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Notices
4. Eligibility Requirements
Eligibility is based on the
participants, the underlying security,
the type of trade, and the timing of the
affirmation as follows: (1) The brokerdealer must be both an NSCC Member
and a DTC Participant; (2) The
custodian bank must be a DTC
Participant; (3) The broker-dealer and
the custodian bank must both elect to
participate in the ID Net Service; and (4)
The security must be an equity security
eligible for CNS. The following
securities will not be eligible for the ID
Net Service: (1) Corporate and
municipal bonds; (2) unit investment
trust issues; (3) new issue securities in
their first day of trading; (4) securities
that are IPO tracked since the use of
omnibus accounts will bypass the
tracking system; (5) securities that are
undergoing a mandatory or voluntary
reorganization; (6) securities with a
pending CNS buy-in; and (7) Regulation
SHO securities.6 The trade must be
affirmed before 9 p.m. on trade date
plus one (‘‘T+1’’), and the trade must be
‘‘regular-way’’ (i.e., scheduled for T+3
settlement).
After a transaction has been affirmed
and deemed eligible for the ID Net
Service, DTC will monitor the ID Net
Service transaction’s eligibility up until
approximately 8 p.m. on the night of
T+2. If the transaction becomes
ineligible for any reason, the transaction
will be exited from the ID Net Service
processing and will be settled on a
trade-for-trade basis between the ID Net
Firm and the ID Net Bank outside of the
ID Net Service at DTC.
PWALKER on PROD1PC71 with NOTICES
5. Settlement
Upon receipt of the affirmation of an
eligible trade from the Affirming
Agency, DTC’s IMS System will
automate the following: (1) For bank
deliveries, IMS will move the ‘‘original
clearing broker’’ from the ‘‘receiver’s
field’’ to the ‘‘third party field’’ of the ID
delivery instruction and will replace it
with a with the ID Netting Subscriber
Delivery Account and (2) For bank
receives, IMS will move the ‘‘original
clearing broker’’ from the ‘‘deliverer’s
field’’ to the ‘‘third party field’’ of the ID
delivery instruction and will replace it
with the ID Netting Subscriber Receive
Account.
Custodian banks will still be able to
exempt or authorize ID deliveries in
IMS before the night cycle as they do
today; and trades that are eligible for ID
Net Service but which are still in a
pending state by 11:30 a.m. on
settlement date will revert to trade-for6 Supra
note 4.
VerDate Aug<31>2005
16:09 Jun 05, 2008
Jkt 214001
trade settlement versus the original
clearing participant and will not settle
as part of ID Net Service. Accordingly,
if the bank subsequently authorizes the
delivery, it will be sent to the original
clearing broker instead of to the ID
Netting Subscriber Deliver Account.
ID Net Firms will still be able to
exempt or cancel an ID delivery in IMS
as they do today, but they will be
limited to instructions transmitted
through DTC’s Participant Terminal
Service and Participant Browser Service
(PTS/PBS) and only on a trade-by-trade
basis. Deliveries from the ID Netting
Subscriber Receive Account will be
attempted in random order until
approximately 10 a.m. on settlement
date. After that time, the system will
attempt to complete any of the
deliveries up until 11:30 a.m. in
settlement value order with highest
value first. ID Net Service transactions
not completed for any reason by 11:30
a.m. due to a party’s failure to deliver
or pass DTC risk controls on settlement
date will be exited from the ID Net
Service and instead will settle trade-fortrade versus the original clearing broker.
Deliveries that do not complete will be
available for immediate reintroduction
from the original clearing broker’s
account through a new IMS function at
11:30 a.m. Brokers can then create a
profile to have these deliveries await
authorization or to be processed
immediately.
If an ID Net Bank reclaims a
transaction from the ID Netting
Subscriber Receive Account, the reclaim
will be processed against the applicable
ID Net Firm and not against the ID
Netting Subscriber Receive Account.
6. DTC Risk Management Control
Updates
In order to protect DTC from having
a failure exported from NSCC, updates
to DTC’s participants’ net debit caps and
collateral monitors will be necessary. A
new ID Net Service collateral monitor
and net debit cap balance will be
recorded for each ID Net Firm. The ID
Net Service collateral monitor will
record the net balance of collateral
generated for all transactions processed
through the ID Net Service. If the
balance of collateral generated by all ID
Net Service receives and delivers is
positive, the ID Net Firm’s collateral
monitor will not be increased by that
amount. However, if an ID Net Service
transaction requires collateral, the
system will use the ID Net Service
collateral surplus for that ID Net Firm
before attempting to use other collateral
from that ID Net Firm. If there is
insufficient ID Net Service collateral for
that broker, the system will look to the
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
32375
ID Net Firm’s excess collateral in its
account.
Similar to collateral, the system will
create a new ID Net Service settlement
balance for each ID Net Firm. When this
balance is a net credit from deliveries on
the ID Net Firm’s behalf through the ID
Netting Subscriber Receive Account, it
will only be used to offset incoming ID
Net Services receives to the ID Netting
Subscriber Deliver Account. If there is
an insufficient ID Net Service credit to
absorb the debit of the ID Net Service
delivery to the ID Netting Subscriber
Deliver Account for the ID Net Firm, the
system will create an ID Net Service
debit that will effectively treat the ID
Net Service debit as a reduction of the
ID Net Firm’s net debit cap. The ID Net
Service debit will only be used for net
debit cap calculation purposes and will
not represent a participant’s actual
settlement balance.7 If the broker has
insufficient collateral or net debit cap,
the transaction will pend until 11:30
a.m. on settlement date.8
7 Currently, brokers receive market value credit
for deliveries to CNS if the security is received
versus payment (RVP) or collateral value (collateral
value is market value less the DTC haircut) if the
delivery to CNS was from securities in their start
of day position or received for free. With respect to
the ID Net Service, the system will no longer
identify if a delivery came from a broker’s RVP
securities or not, and as such, the system will
assume the delivery came from a broker’s start of
day position.
Likewise, to the extent that ID Net Firms have a
net credit for their ID deliveries today, an ID Net
Firm’s settlement balance is reduced. Since these
credits will no longer be generated from the ID Net
Firm’s account, it may require the need to fund DTC
intraday to prevent net debit cap blockage.
8 As an example of how DTC risk controls will be
applied to ID Net Subscribers, assume that
Investment Manager A sells 10 shares of Common
Stock X using ID Net Firm B (a broker). If B sells
the shares on an exchange for $20, and the trade
is affirmed and the shares are delivered by A’s
Custodian Bank C, then C will receive a credit in
DTC for $20 and the ID Netting Subscriber Deliver
Account (owned by NSCC as agent for B) will have
a DTC debit of $20. In this case, B’s net debit cap
will be reduced by $20 and its collateral monitor
is reduced by the net of the $20 debit and the
collateral value of the securities (e.g., with a 10
percent haircut the collateral value will be $18), or
$2. When the ID Netting Subscriber Deliver
Account delivers the shares to CNS, it receives a
credit for $20. This credit is offset with the DTC
debit of $20 at end-of-day. Additionally, assume A
then buys 10 shares of Commons Stock Y through
B at $30. On the night of T+2, CNS will deliver the
shares to the ID Netting Subscriber Receive Account
and that account will be debited in CNS for $30.
C will then receive 10 shares of Y from the ID
Netting Subscriber Receive Account. C receives a
debit in DTC for $30 and the ID Netting Subscriber
Receive Account is credited at DTC for $30. B’s
account has its DTC net debit cap increased by $20
to offset the previous decrease of $20 (for the sale
of Common Stock X) (and not $30 since the net of
the ID Net receive relating to the sale of Common
Stock X above of $20 and the delivery of Common
Stock Y for $30 is a $10 credit and B’s net debit
cap is decremented only when the net balance is
a debit. C will not receive a net credit, but will
E:\FR\FM\06JNN1.SGM
Continued
06JNN1
32376
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Notices
7. NSCC Clearing Fund Offset and
Mark-to-Market
ID Net Service transactions will be
used to offset the balance of any other
CNS transactions and the ‘‘net’’ of those
transactions will be used for purposes of
determining NSCC Clearing Fund
obligations pursuant to NSCC’s current
procedures with a revised mark-tomarket calculation applicable to ID Net
Firms. The revised mark-to-market
calculation for ID Net Firms will be
based on (x) the current CNS mark-tomarket component (which will exclude
ID Net transactions) and (y) a mark-tomarket component calculated with
respect to ID Net Service-related
positions. However, any positive value
derived from either (x) or (y) will be set
to zero.9
PWALKER on PROD1PC71 with NOTICES
8. Prioritization
In order to reduce the potential
number and value of fails in the ID Net
Service, deliveries from CNS to the ID
Netting Subscriber Receive Account will
be given a higher delivery priority
pursuant to the allocation algorithm set
forth in NSCC’s Procedure VII (CNS
Accounting Operation) than other CNS
deliveries with the exception of buy-in
deliveries, corporate action deliveries,
and deliveries of component securities
of index receipts.10 NSCC is also
receive an offset of previous ID Net debits with ID
Net credits) and the same for its collateral monitor
which is increased only up to the amount it was
debited for ID Net transactions (absent its
participation in the ID Net service, B will have
received a $3 credit to the collateral monitor which
equals the net of the $30 credit and the collateral
value of the securities $27 ($30 market value less
a 10% haircut)). In this case, B will only receive a
collateral credit of $2, but the ID Net credit balance
of $1 will be registered to absorb future ID Net
receives that have a collateral deficiency. If C was
at its net debit cap or collateral monitor limit due
to other receives, the ID Net transaction will recycle
or pend in the system until the deficiency can be
satisfied or until 11:30 a.m., when it will drop out
of ID Net.
9 Similar to the existing CNS mark-to-market
component, the new ID Net Service mark-to-market
component applicable to ID Net Service
transactions will equal the net of each day’s
difference between the contract price of the
Member’s net positions relating to ID Net Service
activity and the current market price for such
positions.
For example, if an ID Net Firm has a ‘‘regular’’
mark-to-market debit of $500,000 and an ID Net
Service mark-to-market debit of $100,000, then
these debits will be added together and the ID Net
Firm’s total mark-to-market obligation will equal a
debit of $600,000. However, if that same ID Net
Firm’s ID Net mark-to-market calculation results in
a credit of $100,000, then the value of that credit
will be set to zero, and therefore the total mark-tomarket will equal a debit $500,000 (i.e., the amount
of the broker’s regular mark-to-market debit).
10 Currently, institutional deliveries processed
through the DTC system from ID Net Firms to banks
may be prioritized by ID Net Firms through IMS
and/or through exempting their deliveries to CNS
in order to ensure that available inventory will be
VerDate Aug<31>2005
16:09 Jun 05, 2008
Jkt 214001
modifying this Procedure to clarify that
deliveries of the component securities
for index receipts shall have the same
priority as deliveries to the ID Netting
Subscriber Receive Account.
Any ID Net transactions that cannot
be completed will be exited from the ID
Net Service and instead will settle tradefor-trade between the ID Net Firm and
the ID Net Bank (the original
counterparties) at DTC.
9. DTC Fees
ID Net Banks and ID Net Firms will
be charged a reduced DTC ID Net
Service fee of $0.025 for each completed
delivery and receive processed versus
the ID delivery or receive fee of $0.05.
For deliveries that are exited from the ID
Net Service, there will not be a ‘‘drop’’
fee charged. For ID Net Service
deliveries cancelled by ID Net Firms
from the ID Netting Subscriber Receive
Account, the $0.45 ‘‘pend cancel’’ fee
will be charged. For ID Net Service
deliveries to and from CNS on behalf of
the ID Net Firms, no fee will be charged.
10. NSCC Rulebook Changes
Under the proposed rule change, a
new Rule 65 and Procedure XVI (both
titled ‘‘ID Net Service’’) will be added to
NSCC’s Rules, and additional
conforming changes will be made
elsewhere throughout NSCC’s Rules to
provide consistency with the new Rule
65. These additional changes include
the following:
(a) Rule 3 (Lists To Be Maintained)
A subsection will be added to Rule 3
to provide that NSCC will maintain a
list of Eligible ID Net Securities and may
from time to time add or delete
applicable CNS Securities from the list.
(b) Procedure VII (CNS Accounting
Operation)
Procedure VII will be revised to
incorporate the processing of
transactions in Eligible ID Net Securities
into the CNS Accounting Operation.
The revisions will also reflect: (i) That
Member’s will not be able to exempt
deliveries from an ID Netting Subscriber
Account, (ii) the prioritization of ID Net
Service deliveries and deliveries of the
component securities of index receipts
in the CNS allocation algorithm behind
deliveries associated with
reorganizations and buy-ins, and (iii)
that ID Net Service transactions will be
recorded on the Miscellaneous Activity
Report on the night of T+2 and removals
of such transactions from the ID Net
used for such deliveries. Including these
transactions in the proposed service allows for the
‘‘automation’’ of such prioritization through the
CNS Accounting Operation.
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
Service will also be recorded on that
report.
(c) Procedure XV (Clearing Fund
Formula and Other Matters)
Procedure XV will be revised to
indicate the exclusion of ID Net Service
transactions from the ID offset process
for the purposes of calculating the
volatility component of a subscriber’s
Clearing Fund requirement. In addition
language will be revised and added with
respect to the calculation of mark-tomarket to reflect the changes to the
formula as described above.
III. Discussion
Section 19(b) of the Act directs the
Commission to approve a proposed rule
change of a self-regulatory organization
if it finds that such proposed rule
change is consistent with the
requirements of the Act and the rules
and regulations thereunder applicable to
such organization. Section 17A(b)(3)(F)
of the Act requires that the rules of a
clearing agency be designed to promote
the prompt and accurate clearance and
settlement of securities transactions.11
DTC and NSCC’s proposed rule changes
should promote the prompt and
accurate clearance and settlement of
securities transactions by leveraging the
capabilities of the DTC and NSCC
systems to provide for more streamlined
securities deliveries and extend netting
benefits and efficiencies to ID
transactions.
IV. Conclusion
On the basis of the foregoing, the
Commission finds that the proposed
rule changes are consistent with the
requirements of the Act and in
particular Section 17A of the Act and
the rules and regulations thereunder. In
approving the proposed rule changes,
the Commission considered the
proposals’ impact on efficiency,
competition, and capital formation.12
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act, that the
proposed rule changes (File Nos. SR–
DTC–2007–14 and SR–NSCC–2007–14),
as amended, be and hereby are
approved.
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.13
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–12667 Filed 6–5–08; 8:45 am]
BILLING CODE 8010–01–P
11 15
U.S.C. 78q–1(b)(3)(F).
U.S.C. 78c(f).
13 17 CFR 200.30–3(a)(12).
12 15
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Notices]
[Pages 32373-32376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12667]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-57901; File Nos. SR-DTC-2007-14 and SR-NSCC-2007-14]
Self-Regulatory Organizations; the Depository Trust Company and
National Securities Clearing Corporation; Order Approving Proposed Rule
Changes, as Amended, To Provide for the Settlement of Institutional
Transactions in Conjunction With Each Other Through a Service Called ID
Net
June 2, 2008.
I. Introduction
October 15, 2007, The Depository Trust Company (``DTC'') and the
National Securities Clearing Corporation (``NSCC'') each filed with the
Securities and Exchange Commission (``Commission'') and on December 20,
2007, and on February 25, 2008, each amended their proposed rule
changes pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934 (``Act'').\1\ Notice of the proposal was published in the Federal
Register on April 2, 2008.\2\ The Commission received no comment
letters in response to the proposed rule changes. For the reasons
discussed below, the
[[Page 32374]]
Commission is approving the proposed rule changes, as amended.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ Securities Exchange Act Release No. 57573 (March 27, 2008),
73 FR 18019 (SR-DTC-2007-14 and SR-NSCC-2007-14).
---------------------------------------------------------------------------
II. Description
1. Background
Unlike exchange trades and most prime broker trades, most
institutional delivery (``ID'') transactions do not currently flow
through NSCC's Continuous Net Settlement system (``CNS'').\3\ Rather,
these institutional transactions are processed and settled at DTC. The
ID Net Service will allow subscribers to the service to net all
eligible affirmed institutional transactions at DTC against their CNS
transactions at NSCC.
---------------------------------------------------------------------------
\3\ NSCC's CNS is an automated accounting and securities
settlement system that centralizes and nets the settlement of
compared and recorded securities transactions and maintains an
orderly flow of security and money balances. CNS provides clearance
for equities, corporate bonds, unit investment trusts, and municipal
bonds that are eligible for book-entry transfer at DTC.
---------------------------------------------------------------------------
The ID Net Service will accept affirmed institutional transactions
that are eligible for the ID Net Service from clearing agencies
registered pursuant to Section 17A of the Act, other entities (such as
Omgeo Matching Services--US LLC) which have obtained an exemption from
clearing agency registration from the Commission, and Qualified
Vendors, as defined in the rules of the New York Stock Exchange, the
National Association of Securities Dealers, or other self-regulatory
organizations (entities with exemptions from clearing agency
registration or Qualified Vendor are collectively referred to as
``Affirming Agencies''), and net the broker-dealer side of such
transaction with the broker-dealer's CNS obligations.
Eligibility for the ID Net Service will require that a broker-
dealer be an NSCC Member eligible for CNS processing and a DTC
Participant (``ID Net Firm'') and that a bank be a DTC Participant
(``ID Net Bank'') (collectively ``ID Net Subscribers''). In addition,
eligibility for ID Net Service processing will be based on the
underlying security being processed, the type of transaction submitted
for processing, and the timing of affirmation. Participation in the ID
Net Service will be voluntary and will be governed by the rules and
procedures applicable to the ID Net Service as described below. All ID
Net Subscribers will be required to enter into separate ID Net
Subscriber agreements with NSCC and/or DTC, as applicable, governing
their use of the ID Net Service.
2. Current Processing
A typical ID transaction is currently processed as follows. An
Investment Manager, acting on behalf of its Institutional client,
executes a transaction with Firm A. The Investment Manager, or a
Custodian acting on its behalf, and Firm A submit the transaction data
to an Affirming Agency (for example, Omgeo) for confirmation/
affirmation. Once affirmed, the Affirming Agency's automated systems
transmit settlement instructions for the matched transaction to DTC's
Inventory Management System (``IMS'') to be processed. These ID
transactions are not netted, rather they are settled on a trade-for-
trade basis at DTC.
3. Proposed Service
In order to extend netting benefits and efficiencies to
institutional transactions, NSCC will extend its clearance and
settlement functionalities to net the broker-dealer's side of
institutional transactions with the broker-dealer's broker-to-broker
activity that is eligible for processing through NSCC's CNS service.
Most equity securities that are currently eligible for CNS
processing will be eligible for ID Net Service processing. However, ID
Net Services will initially exclude the following: (1) Corporate and
municipal bonds and unit investment trust issues; (2) new issue
securities in their first day of IPO trading; (3) securities that are
IPO tracked since the use of omnibus accounts will bypass the tracking
system; (4) trades in issues that are currently undergoing a mandatory
or voluntary reorganization; (5) trades in securities with a CNS buy-
in; and (6) trades in securities appearing on the Commission's
Regulation SHO list.\4\
---------------------------------------------------------------------------
\4\ NSCC has determined that certain security types may have a
relatively high rate of delivery failure or may disrupt normal
processing of transactions in the ID Net Service. Such securities
will initially be excluded from the service; however, as experience
with the service grows, the status of such securities may be
reevaluated.
---------------------------------------------------------------------------
To facilitate the processing of ID Net Service transactions, two
new securities accounts will be established by NSCC at DTC on behalf of
all ID Net Firms that have elected to use the ID Net Service--the ``ID
Netting Subscriber Deliver Account'' and the ``ID Netting Subscriber
Receive Account'' (collectively referred to as the ``ID Netting
Subscriber Accounts''). NSCC will be the owner of both accounts and
will act as agent for the ID Net Firms. NSCC will process ID Net
Service transactions through these accounts on behalf of participating
ID Net Firms. While NSCC will direct transactions through these
accounts on behalf of the ID Net Firms, the ID Net Firms, not NSCC,
will be responsible for satisfying applicable DTC risk management
controls and Participant Fund requirements for their activity in the ID
Netting Subscriber Accounts.
The ID Netting Subscriber Deliver Account will be maintained for
all ID Net Firms receiving ID Net Eligible Securities from an ID Net
Bank. The ID Netting Member Receive Account will be maintained for all
ID Net Firms receiving ID Net Eligible Securities from CNS that are
bound for delivery by that ID Net Firm to an ID Net Bank.\5\
---------------------------------------------------------------------------
\5\ ID Net Firms will not have the ability to direct
transactions to either ID Netting Subscriber Account. All ID Net
Firm positions in either the ID Netting Subscriber Deliver Account
or the ID Netting Subscriber Receive Account will be recorded
separately by NSCC and in no event will securities positions of one
ID Net Firm be attributed to another ID Net Firm.
---------------------------------------------------------------------------
With the establishment of these two new ID Netting accounts, ID Net
Service transactions will be processed as follows. Upon affirmation,
the Affirming Agency will check that the transaction is eligible for ID
Net Service processing. If the transaction qualifies, the Affirming
Agency prior to submitting that affirmed transaction to IMS will flag
the transaction by populating the delivery instructions third party
field with the account number of the ID Netting Subscriber.
IMS will facilitate the delivery of the securities, subject to
DTC's risk management controls, to the ID Netting Subscriber Deliver
Account. On the night of trade date plus two (``T+2''), the ID Net
Firm's CNS position, if any, will be updated for the quantity and value
of the ID Net Service transaction and an open obligation in the ID
Netting Subscriber Deliver Account will be created.
For transactions in which the ID Net Firm is delivering securities
to an ID Net Bank, on the night of T+2, the ID Net Firm's CNS position,
if any, will be updated for the quantity and value of the ID Net
Service transaction and an open obligation in the ID Netting Subscriber
Receive Account will be created. Once the securities are credited to
the ID Netting Subscriber Receive Account, the securities will be
delivered, subject to DTC's Risk Management controls, to the ID Net
Bank's account.
ID Net Service transactions not completed for any reason, including
due to a party's failure to deliver or pass DTC's risk management
controls, by 11:30 a.m. on settlement date will be ``dropped'' from ID
Net Service and instead will be settled trade-for-trade between the
original counterparties at DTC as if the transaction had not been
included in the ID Net Service.
[[Page 32375]]
4. Eligibility Requirements
Eligibility is based on the participants, the underlying security,
the type of trade, and the timing of the affirmation as follows: (1)
The broker-dealer must be both an NSCC Member and a DTC Participant;
(2) The custodian bank must be a DTC Participant; (3) The broker-dealer
and the custodian bank must both elect to participate in the ID Net
Service; and (4) The security must be an equity security eligible for
CNS. The following securities will not be eligible for the ID Net
Service: (1) Corporate and municipal bonds; (2) unit investment trust
issues; (3) new issue securities in their first day of trading; (4)
securities that are IPO tracked since the use of omnibus accounts will
bypass the tracking system; (5) securities that are undergoing a
mandatory or voluntary reorganization; (6) securities with a pending
CNS buy-in; and (7) Regulation SHO securities.\6\ The trade must be
affirmed before 9 p.m. on trade date plus one (``T+1''), and the trade
must be ``regular-way'' (i.e., scheduled for T+3 settlement).
---------------------------------------------------------------------------
\6\ Supra note 4.
---------------------------------------------------------------------------
After a transaction has been affirmed and deemed eligible for the
ID Net Service, DTC will monitor the ID Net Service transaction's
eligibility up until approximately 8 p.m. on the night of T+2. If the
transaction becomes ineligible for any reason, the transaction will be
exited from the ID Net Service processing and will be settled on a
trade-for-trade basis between the ID Net Firm and the ID Net Bank
outside of the ID Net Service at DTC.
5. Settlement
Upon receipt of the affirmation of an eligible trade from the
Affirming Agency, DTC's IMS System will automate the following: (1) For
bank deliveries, IMS will move the ``original clearing broker'' from
the ``receiver's field'' to the ``third party field'' of the ID
delivery instruction and will replace it with a with the ID Netting
Subscriber Delivery Account and (2) For bank receives, IMS will move
the ``original clearing broker'' from the ``deliverer's field'' to the
``third party field'' of the ID delivery instruction and will replace
it with the ID Netting Subscriber Receive Account.
Custodian banks will still be able to exempt or authorize ID
deliveries in IMS before the night cycle as they do today; and trades
that are eligible for ID Net Service but which are still in a pending
state by 11:30 a.m. on settlement date will revert to trade-for-trade
settlement versus the original clearing participant and will not settle
as part of ID Net Service. Accordingly, if the bank subsequently
authorizes the delivery, it will be sent to the original clearing
broker instead of to the ID Netting Subscriber Deliver Account.
ID Net Firms will still be able to exempt or cancel an ID delivery
in IMS as they do today, but they will be limited to instructions
transmitted through DTC's Participant Terminal Service and Participant
Browser Service (PTS/PBS) and only on a trade-by-trade basis.
Deliveries from the ID Netting Subscriber Receive Account will be
attempted in random order until approximately 10 a.m. on settlement
date. After that time, the system will attempt to complete any of the
deliveries up until 11:30 a.m. in settlement value order with highest
value first. ID Net Service transactions not completed for any reason
by 11:30 a.m. due to a party's failure to deliver or pass DTC risk
controls on settlement date will be exited from the ID Net Service and
instead will settle trade-for-trade versus the original clearing
broker. Deliveries that do not complete will be available for immediate
reintroduction from the original clearing broker's account through a
new IMS function at 11:30 a.m. Brokers can then create a profile to
have these deliveries await authorization or to be processed
immediately.
If an ID Net Bank reclaims a transaction from the ID Netting
Subscriber Receive Account, the reclaim will be processed against the
applicable ID Net Firm and not against the ID Netting Subscriber
Receive Account.
6. DTC Risk Management Control Updates
In order to protect DTC from having a failure exported from NSCC,
updates to DTC's participants' net debit caps and collateral monitors
will be necessary. A new ID Net Service collateral monitor and net
debit cap balance will be recorded for each ID Net Firm. The ID Net
Service collateral monitor will record the net balance of collateral
generated for all transactions processed through the ID Net Service. If
the balance of collateral generated by all ID Net Service receives and
delivers is positive, the ID Net Firm's collateral monitor will not be
increased by that amount. However, if an ID Net Service transaction
requires collateral, the system will use the ID Net Service collateral
surplus for that ID Net Firm before attempting to use other collateral
from that ID Net Firm. If there is insufficient ID Net Service
collateral for that broker, the system will look to the ID Net Firm's
excess collateral in its account.
Similar to collateral, the system will create a new ID Net Service
settlement balance for each ID Net Firm. When this balance is a net
credit from deliveries on the ID Net Firm's behalf through the ID
Netting Subscriber Receive Account, it will only be used to offset
incoming ID Net Services receives to the ID Netting Subscriber Deliver
Account. If there is an insufficient ID Net Service credit to absorb
the debit of the ID Net Service delivery to the ID Netting Subscriber
Deliver Account for the ID Net Firm, the system will create an ID Net
Service debit that will effectively treat the ID Net Service debit as a
reduction of the ID Net Firm's net debit cap. The ID Net Service debit
will only be used for net debit cap calculation purposes and will not
represent a participant's actual settlement balance.\7\ If the broker
has insufficient collateral or net debit cap, the transaction will pend
until 11:30 a.m. on settlement date.\8\
---------------------------------------------------------------------------
\7\ Currently, brokers receive market value credit for
deliveries to CNS if the security is received versus payment (RVP)
or collateral value (collateral value is market value less the DTC
haircut) if the delivery to CNS was from securities in their start
of day position or received for free. With respect to the ID Net
Service, the system will no longer identify if a delivery came from
a broker's RVP securities or not, and as such, the system will
assume the delivery came from a broker's start of day position.
Likewise, to the extent that ID Net Firms have a net credit for
their ID deliveries today, an ID Net Firm's settlement balance is
reduced. Since these credits will no longer be generated from the ID
Net Firm's account, it may require the need to fund DTC intraday to
prevent net debit cap blockage.
\8\ As an example of how DTC risk controls will be applied to ID
Net Subscribers, assume that Investment Manager A sells 10 shares of
Common Stock X using ID Net Firm B (a broker). If B sells the shares
on an exchange for $20, and the trade is affirmed and the shares are
delivered by A's Custodian Bank C, then C will receive a credit in
DTC for $20 and the ID Netting Subscriber Deliver Account (owned by
NSCC as agent for B) will have a DTC debit of $20. In this case, B's
net debit cap will be reduced by $20 and its collateral monitor is
reduced by the net of the $20 debit and the collateral value of the
securities (e.g., with a 10 percent haircut the collateral value
will be $18), or $2. When the ID Netting Subscriber Deliver Account
delivers the shares to CNS, it receives a credit for $20. This
credit is offset with the DTC debit of $20 at end-of-day.
Additionally, assume A then buys 10 shares of Commons Stock Y
through B at $30. On the night of T+2, CNS will deliver the shares
to the ID Netting Subscriber Receive Account and that account will
be debited in CNS for $30. C will then receive 10 shares of Y from
the ID Netting Subscriber Receive Account. C receives a debit in DTC
for $30 and the ID Netting Subscriber Receive Account is credited at
DTC for $30. B's account has its DTC net debit cap increased by $20
to offset the previous decrease of $20 (for the sale of Common Stock
X) (and not $30 since the net of the ID Net receive relating to the
sale of Common Stock X above of $20 and the delivery of Common Stock
Y for $30 is a $10 credit and B's net debit cap is decremented only
when the net balance is a debit. C will not receive a net credit,
but will receive an offset of previous ID Net debits with ID Net
credits) and the same for its collateral monitor which is increased
only up to the amount it was debited for ID Net transactions (absent
its participation in the ID Net service, B will have received a $3
credit to the collateral monitor which equals the net of the $30
credit and the collateral value of the securities $27 ($30 market
value less a 10% haircut)). In this case, B will only receive a
collateral credit of $2, but the ID Net credit balance of $1 will be
registered to absorb future ID Net receives that have a collateral
deficiency. If C was at its net debit cap or collateral monitor
limit due to other receives, the ID Net transaction will recycle or
pend in the system until the deficiency can be satisfied or until
11:30 a.m., when it will drop out of ID Net.
---------------------------------------------------------------------------
[[Page 32376]]
7. NSCC Clearing Fund Offset and Mark-to-Market
ID Net Service transactions will be used to offset the balance of
any other CNS transactions and the ``net'' of those transactions will
be used for purposes of determining NSCC Clearing Fund obligations
pursuant to NSCC's current procedures with a revised mark-to-market
calculation applicable to ID Net Firms. The revised mark-to-market
calculation for ID Net Firms will be based on (x) the current CNS mark-
to-market component (which will exclude ID Net transactions) and (y) a
mark-to-market component calculated with respect to ID Net Service-
related positions. However, any positive value derived from either (x)
or (y) will be set to zero.\9\
---------------------------------------------------------------------------
\9\ Similar to the existing CNS mark-to-market component, the
new ID Net Service mark-to-market component applicable to ID Net
Service transactions will equal the net of each day's difference
between the contract price of the Member's net positions relating to
ID Net Service activity and the current market price for such
positions.
For example, if an ID Net Firm has a ``regular'' mark-to-market
debit of $500,000 and an ID Net Service mark-to-market debit of
$100,000, then these debits will be added together and the ID Net
Firm's total mark-to-market obligation will equal a debit of
$600,000. However, if that same ID Net Firm's ID Net mark-to-market
calculation results in a credit of $100,000, then the value of that
credit will be set to zero, and therefore the total mark-to-market
will equal a debit $500,000 (i.e., the amount of the broker's
regular mark-to-market debit).
---------------------------------------------------------------------------
8. Prioritization
In order to reduce the potential number and value of fails in the
ID Net Service, deliveries from CNS to the ID Netting Subscriber
Receive Account will be given a higher delivery priority pursuant to
the allocation algorithm set forth in NSCC's Procedure VII (CNS
Accounting Operation) than other CNS deliveries with the exception of
buy-in deliveries, corporate action deliveries, and deliveries of
component securities of index receipts.\10\ NSCC is also modifying this
Procedure to clarify that deliveries of the component securities for
index receipts shall have the same priority as deliveries to the ID
Netting Subscriber Receive Account.
---------------------------------------------------------------------------
\10\ Currently, institutional deliveries processed through the
DTC system from ID Net Firms to banks may be prioritized by ID Net
Firms through IMS and/or through exempting their deliveries to CNS
in order to ensure that available inventory will be used for such
deliveries. Including these transactions in the proposed service
allows for the ``automation'' of such prioritization through the CNS
Accounting Operation.
---------------------------------------------------------------------------
Any ID Net transactions that cannot be completed will be exited
from the ID Net Service and instead will settle trade-for-trade between
the ID Net Firm and the ID Net Bank (the original counterparties) at
DTC.
9. DTC Fees
ID Net Banks and ID Net Firms will be charged a reduced DTC ID Net
Service fee of $0.025 for each completed delivery and receive processed
versus the ID delivery or receive fee of $0.05. For deliveries that are
exited from the ID Net Service, there will not be a ``drop'' fee
charged. For ID Net Service deliveries cancelled by ID Net Firms from
the ID Netting Subscriber Receive Account, the $0.45 ``pend cancel''
fee will be charged. For ID Net Service deliveries to and from CNS on
behalf of the ID Net Firms, no fee will be charged.
10. NSCC Rulebook Changes
Under the proposed rule change, a new Rule 65 and Procedure XVI
(both titled ``ID Net Service'') will be added to NSCC's Rules, and
additional conforming changes will be made elsewhere throughout NSCC's
Rules to provide consistency with the new Rule 65. These additional
changes include the following:
(a) Rule 3 (Lists To Be Maintained)
A subsection will be added to Rule 3 to provide that NSCC will
maintain a list of Eligible ID Net Securities and may from time to time
add or delete applicable CNS Securities from the list.
(b) Procedure VII (CNS Accounting Operation)
Procedure VII will be revised to incorporate the processing of
transactions in Eligible ID Net Securities into the CNS Accounting
Operation. The revisions will also reflect: (i) That Member's will not
be able to exempt deliveries from an ID Netting Subscriber Account,
(ii) the prioritization of ID Net Service deliveries and deliveries of
the component securities of index receipts in the CNS allocation
algorithm behind deliveries associated with reorganizations and buy-
ins, and (iii) that ID Net Service transactions will be recorded on the
Miscellaneous Activity Report on the night of T+2 and removals of such
transactions from the ID Net Service will also be recorded on that
report.
(c) Procedure XV (Clearing Fund Formula and Other Matters)
Procedure XV will be revised to indicate the exclusion of ID Net
Service transactions from the ID offset process for the purposes of
calculating the volatility component of a subscriber's Clearing Fund
requirement. In addition language will be revised and added with
respect to the calculation of mark-to-market to reflect the changes to
the formula as described above.
III. Discussion
Section 19(b) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization. Section 17A(b)(3)(F) of the Act requires that the rules
of a clearing agency be designed to promote the prompt and accurate
clearance and settlement of securities transactions.\11\ DTC and NSCC's
proposed rule changes should promote the prompt and accurate clearance
and settlement of securities transactions by leveraging the
capabilities of the DTC and NSCC systems to provide for more
streamlined securities deliveries and extend netting benefits and
efficiencies to ID transactions.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
IV. Conclusion
On the basis of the foregoing, the Commission finds that the
proposed rule changes are consistent with the requirements of the Act
and in particular Section 17A of the Act and the rules and regulations
thereunder. In approving the proposed rule changes, the Commission
considered the proposals' impact on efficiency, competition, and
capital formation.\12\
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78c(f).
---------------------------------------------------------------------------
It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule changes (File Nos. SR-DTC-2007-14 and SR-NSCC-
2007-14), as amended, be and hereby are approved.
For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------
\13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-12667 Filed 6-5-08; 8:45 am]
BILLING CODE 8010-01-P