Sunshine Act Meeting, 41908 [2010-17599]
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41908
Federal Register / Vol. 75, No. 137 / Monday, July 19, 2010 / Notices
The subject matter of the Closed
Meeting scheduled for Thursday, July
22, 2010 will be:
Institution and settlement of injunctive
actions;
Institution and settlement of
administrative proceedings;
Adjudicatory matters; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have
been added, deleted or postponed,
please contact: The Office of the
Secretary at (202) 551–5400.
also would require advisers to
electronically file their brochures with
the Commission and the brochures
would be available to the public through
the Commission’s Web site.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact:
The Office of the Secretary at (202)
551–5400.
Dated: July 14, 2010.
Elizabeth M. Murphy,
Secretary.
Dated: July 15, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010–17599 Filed 7–15–10; 11:15 am]
[FR Doc. 2010–17661 Filed 7–15–10; 4:15 pm]
SECURITIES AND EXCHANGE
COMMISSION
BILLING CODE 8010–01–P
BILLING CODE 8010–01–P
[Release No. 34–62478; File No. SR–FICC–
2010–02]
Sunshine Act Meeting
jlentini on DSKJ8SOYB1PROD with NOTICES
SECURITIES AND EXCHANGE
COMMISSION
Self-Regulatory Organizations; Fixed
Income Clearing Corporation; Notice of
Filing of Proposed Rule Change To
Amend the Rules of the Government
Securities Division and the MortgageBacked Securities Division To Change
the Classification of U.S. Branches or
Agencies of Non-U.S. Banks From
Foreign to U.S. Members
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold an Open Meeting
on July 21, 2010 at 10 a.m., in the
Auditorium, Room L–002.
The subject matters of the Open
Meeting will be:
Item 1: The Commission will consider
a recommendation to propose for public
comment a new rule and rule and form
amendments under the Investment
Company Act of 1940, the Securities Act
of 1933, and the Securities Exchange
Act of 1934, to reform the regulation of
distribution fees paid by registered
open-end management investment
companies (‘‘funds’’). The recommended
proposal would provide a new
framework for how funds currently use
their assets to pay for sales and
distribution expenses pursuant to rule
12b-1 under the Investment Company
Act, and would revise disclosure
requirements for transaction
confirmations pursuant to rule 10b-10
under the Securities Exchange Act.
Item 2: The Commission will consider
whether to adopt amendments to Part 2
of Form ADV and related rules under
the Investment Advisers Act of 1940.
The amendments would require
investment advisers to provide clients
with narrative brochures containing
plain English descriptions of the
advisers’ businesses, services, and
conflicts of interest. The amendments
VerDate Mar<15>2010
16:24 Jul 16, 2010
Jkt 220001
July 9, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder 2
notice is hereby given that on June 24,
2010, Fixed Income Clearing
Corporation (‘‘FICC’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
substantially prepared by FICC. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The purpose of this proposed rule
change is to amend the rules of FICC’s
Government Securities Division (‘‘GSD’’)
and the Mortgage-Backed Securities
Division (‘‘MBSD’’) to change the
classification of U.S. branches or
agencies of non-U.S. banks from
‘‘foreign’’ to ‘‘U.S. members’’.
PO 00000
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00116
Fmt 4703
Sfmt 4703
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
FICC included statements concerning
the purpose of and basis for the
proposed rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. FICC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
FICC currently classifies as ‘‘foreign’’
its members that are U.S. branches or
agencies of non-U.S. banks (‘‘U.S.
Branches’’). FICC is proposing to amend
the rules of the GSD and MBSD to
classify such U.S. Branches as U.S.
members, based particularly on the
rationale that such U.S. Branches are
regulated by U.S. and or state regulators.
The proposed rule change harmonizes
FICC’s rules with those of its affiliates,
The Depository Trust Company and
National Securities Clearing
Corporation, which presently classify
U.S. branches of foreign banks as
domestic members (based on domestic
regulation).3
The proposed rule change reflects that
the U.S. Branches are regulated by a
U.S. regulator and/or state regulator so
that an insolvency of such a member
would be determined by applicable
domestic ‘‘ring-fence’’ laws.4 The
appropriate domestic regulator treats
U.S. Branches as U.S. entities for most
significant matters. Under the proposed
rule changes, such members will be
treated as domestic members for all
purposes under FICC’s rules and
procedures, unless FICC states
otherwise in the Rules.5
3 This is reflected in Section 2 of DTC’s Policy
Statements on the Admission of Participants, and
Addendum O of NSCC’s Rules entitled ‘‘Admission
of Non-U.S. Entities as Direct NSCC Members’’.
4 In the United States, ‘‘ring-fencing’’ refers to the
procedure for dealing with branches of agencies of
insolvent foreign banks in the United States
pursuant to which the state or federal regulator, as
applicable, will seize and administer the local
assets of an insolvent institution, with a preference
for local creditors, in a liquidation that is separate
from the liquidation of the parent foreign bank as
a whole.
5 For example, if this Rule change is approved
such members will no longer be required to submit
annual updates to their foreign legal opinions
unless FICC deems it necessary to address legal
risk. Applicants in this category will, however,
continue to be required to submit an initial foreign
E:\FR\FM\19JYN1.SGM
19JYN1
Agencies
[Federal Register Volume 75, Number 137 (Monday, July 19, 2010)]
[Notices]
[Page 41908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17599]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold an Open Meeting on July 21, 2010 at
10 a.m., in the Auditorium, Room L-002.
The subject matters of the Open Meeting will be:
Item 1: The Commission will consider a recommendation to propose
for public comment a new rule and rule and form amendments under the
Investment Company Act of 1940, the Securities Act of 1933, and the
Securities Exchange Act of 1934, to reform the regulation of
distribution fees paid by registered open-end management investment
companies (``funds''). The recommended proposal would provide a new
framework for how funds currently use their assets to pay for sales and
distribution expenses pursuant to rule 12b-1 under the Investment
Company Act, and would revise disclosure requirements for transaction
confirmations pursuant to rule 10b-10 under the Securities Exchange
Act.
Item 2: The Commission will consider whether to adopt amendments to
Part 2 of Form ADV and related rules under the Investment Advisers Act
of 1940. The amendments would require investment advisers to provide
clients with narrative brochures containing plain English descriptions
of the advisers' businesses, services, and conflicts of interest. The
amendments also would require advisers to electronically file their
brochures with the Commission and the brochures would be available to
the public through the Commission's Web site.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
The Office of the Secretary at (202) 551-5400.
Dated: July 14, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-17599 Filed 7-15-10; 11:15 am]
BILLING CODE 8010-01-P