Self-Regulatory Organizations; National Securities Clearing Corporation; Order Approving Proposed Rule Change To Enhance the Default Pricing Methodology Used by NSCC's Automated Customer Account Transfer Service, 61033-61035 [2012-24540]
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Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Notices
Research: Underdesigned and Opportunistic
Computing Machines’’, and to provide advise
and recommendations concerning further
NSF support for the Center.
Agenda
Wednesday, October 31, 2012
7 p.m. to 9 p.m.: Closed
Site Team and NSF Staff meets to discuss
Site Visit materials, review process and
charge.
Thursday, November 1, 2012
8 a.m. to 1 p.m.: Open
Presentations by Awardee Institution,
faculty staff and students, to Site Team
and NSF Staff. Discussions and question
and answer sessions.
1 p.m.–8 p.m.: Closed
Draft report on education and research
activities.
Friday, November 2, 2012
8:30 a.m.–noon: Open
Response presentations by Awardee
Institution faculty staff to Site Team and
NSF Staff. Discussions and question and
answer sessions.
Noon to 3 p.m.: Closed
Complete written site visit report with
preliminary recommendations.
Reason for Closing: The proposals being
reviewed include information of a
proprietary or confidential nature, including
technical information; financial data, such as
salaries; and personal information
concerning individuals associated with the
proposals. These matters are exempt under 5
U.S.C. 552b(c), (4) and (6) of the Government
in the Sunshine Act.
Dated: October 2, 2012.
Susanne Bolton,
Committee Management Officer.
Agenda
November 7, 2012 (Wednesday Morning)
• Welcoming Remarks
• Opening Introductions/Discussion with AC
Members
• National Challenges in STEM Education
and Strategic Direction of EHR
Working Lunch
November 8, 2012 (Thursday Morning)
September 28, 2012.
• Research and Development in EHR
• Evaluation and Monitoring Plan
Working Lunch
I. Introduction
November 8, 2012 (Thursday Afternoon)
• Strategic Communication Discussion
• Dialogue with NSF Director and Deputy
Director
• Next Steps and Future Meeting Topics
Adjournment
Susanne Bolton,
Committee Management Officer.
[FR Doc. 2012–24648 Filed 10–4–12; 8:45 am]
BILLING CODE 7555–01–P
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Name: Advisory Committee for Education
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Date/Time: November 7, 2012: 11:00 a.m.
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[Release No. 34–67947; File No. SR–NSCC–
2012–06]
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November 7, 2012 (Wednesday Afternoon)
ACTION:
BILLING CODE 7555–01–P
SECURITIES AND EXCHANGE
COMMISSION
Self-Regulatory Organizations;
National Securities Clearing
Corporation; Order Approving
Proposed Rule Change To Enhance
the Default Pricing Methodology Used
by NSCC’s Automated Customer
Account Transfer Service
AGENCY:
[FR Doc. 2012–24650 Filed 10–4–12; 8:45 am]
61033
FOR FURTHER INFORMATION CONTACT:
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Office of Polar Programs, Rm. 755,
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On July
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WM–001.
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[FR Doc. 2012–24596 Filed 10–4–12; 8:45 am]
BILLING CODE 7555–01–P
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On August 7, 2012, the National
Securities Clearing Corporation
(‘‘NSCC’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
proposed rule change SR–NSCC–2012–
06. The proposed rule change, which
was filed pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
was published for comment in the
Federal Register on August 22, 2012.3
The Commission received no comment
letters regarding the proposal. For the
reasons discussed below, the
Commission is granting approval of the
proposed rule change.
II. Description
The proposed rule change will amend
Rule 50 of NSCC’s Rules and Procedures
to eliminate the use of a default pricing
matrix to assign values to certain items
transferred through NSCC’s Automated
Customer Account Transfer Service
(‘‘ACATS’’).
ACATS enables NSCC Members to
effect automated transfers of customer
accounts among themselves.4 Pursuant
to Rule 50, an NSCC Member to whom
a customer’s full account will be
transferred (‘‘Receiving Member’’) will
initiate the transfer by submitting to
NSCC a transfer initiation request,
which contains the customer detail
information that the NSCC Member in
possession of the account (‘‘Delivering
Member’’) requires in order to transfer
the account. Delivering Members that
have neither rejected the account
transfer request nor sought corrections
to the request within the allotted time
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 Securities Exchange Act Release No. 67673
(August 15, 2012), 77 FR 50736 (August 22, 2012).
4 ACATS complements Financial Industry
Regulatory Authority (‘‘FINRA’’) Rule 11870
regarding Customer Account Transfers, which
requires FINRA members to use automated clearing
agency customer account transfer services, and to
effect customer account transfers within specified
time frames.
2 17
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61034
Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Notices
pmangrum on DSK3VPTVN1PROD with NOTICES
must submit to NSCC certain detailed
customer account asset data.
For items transferred through ACATS
that are not eligible to be processed
through NSCC’s Continuous Net
Settlement (‘‘CNS’’) system 5 (and for
CNS-eligible items that are designated to
be delivered ex-CNS), NSCC will
produce ACATS Receive and Deliver
Instructions. These ACATS transfers
then settle either outside of NSCC or
through a separate service at NSCC.6 In
order to incentivize the timely
completion of ACATS transfers, at the
start of the day on ACATS settlement
date, the Delivering Member’s NSCC
money settlement account will receive a
debit, or an incentive charge (‘‘Incentive
Charge’’), equal to the aggregate market
value of the items the Delivering
Member is transferring through ACATS;
the Receiving Member’s NSCC money
settlement account receives a credit in
the same amount.7 Once delivery of an
item is complete, the Incentive Charge
associated with that item is effectively
offset when the Receiving Member pays
the Delivering Member for the
transferred item. This Incentive Charge
is intended to encourage the Delivering
Member to make delivery of the item in
a timely manner.8
Each item transferred through ACATS
must be assigned a market value in
order to calculate the Incentive Charge.
CNS-eligible items being transferred
through ACATS are assigned a market
value through the CNS system. NonCNS eligible items, however, are
assigned a market value pursuant to
NSCC Rule 50, which calls for a market
value based on either (i) the price
5 CNS is an ongoing accounting system that nets
each day’s Settling Trades with the prior day’s
Closing Positions, producing net short or long
positions per security issue for each Member. NSCC
is always contraside for all positions. The positions
are then passed against the Member’s Designated
Depository positions and available securities are
allocated by book entry. This allocation of securities
is accomplished through an evening cycle followed
by a day cycle. Positions that remain open after the
evening cycle may be changed as a result of trades
accepted for settlement that day. To allocate
deliveries in both the night and day cycles, CNS
uses an algorithm based on priority groups in
descending order, age of position within a priority
group, and random numbers within age groups.
6 For example, non-CNS ACATS transfers may
settle at (i) The Depository Trust Company (‘‘DTC’’),
for DTC-eligible items; (ii) NSCC’s automated
ACATS-Fund/SERV interface, for eligible mutual
fund assets; (iii) NSCC’s ACATS–IPS interface, for
eligible annuities; and (iv) the Options Clearing
Corporation, where transfers in customer-options
positions take place, for options.
7 Incentive Charges are not calculated for the
transfer of options or annuities.
8 It also allows the Receiving Member to record
the customer position on its books, regardless
whether the item is actually delivered on settlement
date. This process supports the requirements of
FINRA Rule 11870.
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15:25 Oct 04, 2012
Jkt 229001
obtained from a pricing source, if
available or, if a pricing source is not
available, (ii) the greater of (a) the price
in U.S. dollars assigned by the
Delivering Member (‘‘Submitter’s
Value’’), which, in most cases, must be
the current market value of the item,9 or
(b) the value ascribed to such item
pursuant to a default pricing matrix, as
established from time to time by NSCC.
The current default pricing matrix
assigns a value to an item based on its
‘‘asset category type,’’ as classified by
the Delivering Member in the detailed
customer account asset data submitted
to NSCC. For example, the current
default pricing matrix assigns equities a
default price of $1 per share, with a cap
of $20,000, and assigns U.S. government
securities and U.S. government agency
securities a default price of the face
amount. The default pricing matrix was
developed in close coordination with
industry participants and the National
Association of Securities Dealers shortly
after the initial development of ACATS.
It has been observed that the default
pricing matrix may, in some cases,
overvalue items being transferred
through ACATS. When this occurs, on
ACATS settlement date the Delivering
Member will be debited an Incentive
Charge based on a higher value than the
actual value of the item being
transferred. Delivering Members will
not receive the offset for this Incentive
Charge until they deliver the related
ACATS item. Therefore, a Delivering
Member that does not deliver the
ACATS item on ACATS settlement date
will be required to pay the Incentive
Charge associated with that item. If the
default pricing matrix has overvalued an
ACATS Incentive Charge, a Delivering
Member that has failed to deliver the
item will be faced with an unexpected
inflated settlement charge on ACATS
settlement date.
In order to reduce the risk of
overcharging a Delivering Member,
NSCC is proposing a rule change that
will require NSCC to assign the
Submitter’s Value to items when the
system cannot otherwise find a price for
the security, thereby eliminating the use
of the ACATS default pricing matrix
altogether. Under the proposed rule
change, in the case of non-CNS eligible
items transferred through ACATS,
NSCC will assign a market value to
those items as either (i) the price
obtained from a pricing source, if
9 See Section (d)(5)(A) of current FINRA Rule
11870, stating that a customer statement delivered
in connection with a transfer instruction, ‘‘must
include a then-current market value for all assets so
indicated. If a then-current market value for an asset
cannot be determined (e.g., a limited partnership
interest), the asset must be valued at original cost.’’
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Fmt 4703
Sfmt 4703
available or, if a pricing source is not
available, the assigned market value will
be (ii) the price in U.S. dollars assigned
by the Delivering Member (i.e., the
Submitter’s Value), which, in most
cases, must be the current market value
of the security.10
According to NSCC, this proposed
rule change will reduce the risk that a
non-CNS eligible item transferred
through ACATS is assigned an inflated
value based on its asset category, as it
will require that the market value of
these items be obtained either from a
pricing source or from the Delivering
Member.
III. Discussion
Section 19(b)(2)(C) of the Act 11
directs the Commission to approve a
self-regulatory organization’s proposed
rule change if it determines that the
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 12 requires,
among other things, that the rules of a
clearing agency be designed to promote
the prompt and accurate clearance and
settlement of security transactions, and
to assure the safeguarding of securities
and funds that are in the custody or
control of such clearing agency, or for
which it is responsible.
The Commission concludes that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder
applicable to NSCC. The proposed rule
change should ensure that NSCC
members will no longer be surprised
with inflated settlement charges in
connection with ACATS transfers. By
allowing NSCC members to gauge their
liabilities more accurately, the proposed
rule change will foster the prompt and
accurate clearance and settlement of
security transactions, and will assure
the safeguarding of securities and funds
in NSCC’s custody or control, or for
which NSCC is responsible.
IV. Conclusion
On the basis of the foregoing, the
Commission finds that the proposal is
consistent with the requirements of the
Act, in particular with the requirements
of Section 17A of the Act 13 and the
rules and regulations thereunder.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,14 that the
proposed rule change (File No. SR–
10 See
note 9, supra.
U.S.C. 78s(b)(2)(C).
12 15 U.S.C. 78q–1(b)(3)(F).
13 15 U.S.C. 78q–1.
14 15 U.S.C. 78s(b)(2).
11 15
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Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Notices
NSCC–2012–06) be, and hereby is,
APPROVED.15
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.16
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–24540 Filed 10–4–12; 8:45 am]
BILLING CODE 8011–01–P
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67957; File No. SR–ISE–
2012–74]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Amend ISE Rule 711 To
Provide for the Nullification of Trades
by Mutual Agreement of the Parties
Thereto
October 1, 2012.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 19, 2012, the International
Securities Exchange, LLC (the
‘‘Exchange’’ or the ‘‘ISE’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
pmangrum on DSK3VPTVN1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to amend ISE
Rule 711 to provide for the nullification
of trades by mutual agreement of the
parties thereto. The text of the proposed
rule change is available on the
Exchange’s Web site www.ise.com, at
the principal office of the Exchange, at
the Commission’s Web site https://
www.sec.gov, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
15 In approving the proposed rule change, the
Commission considered the proposal’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
16 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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15:25 Oct 04, 2012
Jkt 229001
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. The
self-regulatory organization has
prepared summaries, set forth in
Sections A, B and C below, of the most
significant aspects of such statements.
1. Purpose
The purpose of this proposed rule
change is to amend ISE Rule 711 to
provide for the nullification of trades by
mutual agreement of the parties thereto.
Under Proposed ISE Rule 711(b), a trade
would be nullified if all parties to the
trade agree to the nullification.3 After
agreement has been reached between
the parties to nullify a trade, one party
would be required to notify the
Exchange and the Exchange promptly
will disseminate the nullification to the
Options Price Reporting Authority
(‘‘OPRA’’). Proposed ISE Rule 711(b)
would provide the parties to a trade
with the ability to nullify a trade under
circumstances where, for example, an
obvious or catastrophic error is not
deemed to have occurred, but the
parties to the trade nonetheless desire
that the trade be nullified.
2. Statutory Basis
The Exchange believes that the
proposed rule change, which would
permit a trade to be nullified upon the
mutual agreement of all parties to the
trade, is consistent with Section 6(b) of
the Securities Exchange Act of 1934 (the
‘‘Exchange Act’’),4 in general, and
furthers the objectives of Section 6(b)(5)
of the Exchange Act,5 in particular,
because it is designed to promote just
and equitable principles of trade,
remove impediments to and perfect the
mechanism for a free and open market
and a national market system, and in
general, to protect investors and the
public interest. The proposed rule
change makes clear the contractual
rights of the parties to a trade to nullify
the trade upon mutual agreement. The
Exchange believes that the proposed
rule change is consistent with a free and
open market and the public interest
3 The changes proposed to ISE Rule 711 are based
on NYSE MKT LLC (formerly known as NYSE
Amex LLC) Rule 965NY, Commentary .02. The
Exchange believes that, though not required, parties
generally would need to agree to nullify a trade
prior to that trade being settled.
4 15 U.S.C. 78f(b).
5 15 U.S.C. 78f(b)(5).
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Frm 00071
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61035
because it gives effect to the contractual
rights of the parties to a trade.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The proposed rule change does not
impose any burden on competition that
is not necessary or appropriate in
furtherance of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any
unsolicited written comments from
members or other interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) does not impose any
significant burden on competition; and
(iii) does not become operative for 30
days from the date on which it was
filed, or such shorter time as the
Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) 6 of the Act and Rule 19b–
4(f)(6) 7 thereunder.
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
6 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
the proposed rule change.
7 17
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Agencies
[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Notices]
[Pages 61033-61035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24540]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-67947; File No. SR-NSCC-2012-06]
Self-Regulatory Organizations; National Securities Clearing
Corporation; Order Approving Proposed Rule Change To Enhance the
Default Pricing Methodology Used by NSCC's Automated Customer Account
Transfer Service
September 28, 2012.
I. Introduction
On August 7, 2012, the National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission'') proposed rule change SR-NSCC-2012-06. The proposed
rule change, which was filed pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ was published for comment in the Federal Register on
August 22, 2012.\3\ The Commission received no comment letters
regarding the proposal. For the reasons discussed below, the Commission
is granting approval of the proposed rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ Securities Exchange Act Release No. 67673 (August 15, 2012),
77 FR 50736 (August 22, 2012).
---------------------------------------------------------------------------
II. Description
The proposed rule change will amend Rule 50 of NSCC's Rules and
Procedures to eliminate the use of a default pricing matrix to assign
values to certain items transferred through NSCC's Automated Customer
Account Transfer Service (``ACATS'').
ACATS enables NSCC Members to effect automated transfers of
customer accounts among themselves.\4\ Pursuant to Rule 50, an NSCC
Member to whom a customer's full account will be transferred
(``Receiving Member'') will initiate the transfer by submitting to NSCC
a transfer initiation request, which contains the customer detail
information that the NSCC Member in possession of the account
(``Delivering Member'') requires in order to transfer the account.
Delivering Members that have neither rejected the account transfer
request nor sought corrections to the request within the allotted time
[[Page 61034]]
must submit to NSCC certain detailed customer account asset data.
---------------------------------------------------------------------------
\4\ ACATS complements Financial Industry Regulatory Authority
(``FINRA'') Rule 11870 regarding Customer Account Transfers, which
requires FINRA members to use automated clearing agency customer
account transfer services, and to effect customer account transfers
within specified time frames.
---------------------------------------------------------------------------
For items transferred through ACATS that are not eligible to be
processed through NSCC's Continuous Net Settlement (``CNS'') system \5\
(and for CNS-eligible items that are designated to be delivered ex-
CNS), NSCC will produce ACATS Receive and Deliver Instructions. These
ACATS transfers then settle either outside of NSCC or through a
separate service at NSCC.\6\ In order to incentivize the timely
completion of ACATS transfers, at the start of the day on ACATS
settlement date, the Delivering Member's NSCC money settlement account
will receive a debit, or an incentive charge (``Incentive Charge''),
equal to the aggregate market value of the items the Delivering Member
is transferring through ACATS; the Receiving Member's NSCC money
settlement account receives a credit in the same amount.\7\ Once
delivery of an item is complete, the Incentive Charge associated with
that item is effectively offset when the Receiving Member pays the
Delivering Member for the transferred item. This Incentive Charge is
intended to encourage the Delivering Member to make delivery of the
item in a timely manner.\8\
---------------------------------------------------------------------------
\5\ CNS is an ongoing accounting system that nets each day's
Settling Trades with the prior day's Closing Positions, producing
net short or long positions per security issue for each Member. NSCC
is always contraside for all positions. The positions are then
passed against the Member's Designated Depository positions and
available securities are allocated by book entry. This allocation of
securities is accomplished through an evening cycle followed by a
day cycle. Positions that remain open after the evening cycle may be
changed as a result of trades accepted for settlement that day. To
allocate deliveries in both the night and day cycles, CNS uses an
algorithm based on priority groups in descending order, age of
position within a priority group, and random numbers within age
groups.
\6\ For example, non-CNS ACATS transfers may settle at (i) The
Depository Trust Company (``DTC''), for DTC-eligible items; (ii)
NSCC's automated ACATS-Fund/SERV interface, for eligible mutual fund
assets; (iii) NSCC's ACATS-IPS interface, for eligible annuities;
and (iv) the Options Clearing Corporation, where transfers in
customer-options positions take place, for options.
\7\ Incentive Charges are not calculated for the transfer of
options or annuities.
\8\ It also allows the Receiving Member to record the customer
position on its books, regardless whether the item is actually
delivered on settlement date. This process supports the requirements
of FINRA Rule 11870.
---------------------------------------------------------------------------
Each item transferred through ACATS must be assigned a market value
in order to calculate the Incentive Charge. CNS-eligible items being
transferred through ACATS are assigned a market value through the CNS
system. Non-CNS eligible items, however, are assigned a market value
pursuant to NSCC Rule 50, which calls for a market value based on
either (i) the price obtained from a pricing source, if available or,
if a pricing source is not available, (ii) the greater of (a) the price
in U.S. dollars assigned by the Delivering Member (``Submitter's
Value''), which, in most cases, must be the current market value of the
item,\9\ or (b) the value ascribed to such item pursuant to a default
pricing matrix, as established from time to time by NSCC. The current
default pricing matrix assigns a value to an item based on its ``asset
category type,'' as classified by the Delivering Member in the detailed
customer account asset data submitted to NSCC. For example, the current
default pricing matrix assigns equities a default price of $1 per
share, with a cap of $20,000, and assigns U.S. government securities
and U.S. government agency securities a default price of the face
amount. The default pricing matrix was developed in close coordination
with industry participants and the National Association of Securities
Dealers shortly after the initial development of ACATS.
---------------------------------------------------------------------------
\9\ See Section (d)(5)(A) of current FINRA Rule 11870, stating
that a customer statement delivered in connection with a transfer
instruction, ``must include a then-current market value for all
assets so indicated. If a then-current market value for an asset
cannot be determined (e.g., a limited partnership interest), the
asset must be valued at original cost.''
---------------------------------------------------------------------------
It has been observed that the default pricing matrix may, in some
cases, overvalue items being transferred through ACATS. When this
occurs, on ACATS settlement date the Delivering Member will be debited
an Incentive Charge based on a higher value than the actual value of
the item being transferred. Delivering Members will not receive the
offset for this Incentive Charge until they deliver the related ACATS
item. Therefore, a Delivering Member that does not deliver the ACATS
item on ACATS settlement date will be required to pay the Incentive
Charge associated with that item. If the default pricing matrix has
overvalued an ACATS Incentive Charge, a Delivering Member that has
failed to deliver the item will be faced with an unexpected inflated
settlement charge on ACATS settlement date.
In order to reduce the risk of overcharging a Delivering Member,
NSCC is proposing a rule change that will require NSCC to assign the
Submitter's Value to items when the system cannot otherwise find a
price for the security, thereby eliminating the use of the ACATS
default pricing matrix altogether. Under the proposed rule change, in
the case of non-CNS eligible items transferred through ACATS, NSCC will
assign a market value to those items as either (i) the price obtained
from a pricing source, if available or, if a pricing source is not
available, the assigned market value will be (ii) the price in U.S.
dollars assigned by the Delivering Member (i.e., the Submitter's
Value), which, in most cases, must be the current market value of the
security.\10\
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\10\ See note 9, supra.
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According to NSCC, this proposed rule change will reduce the risk
that a non-CNS eligible item transferred through ACATS is assigned an
inflated value based on its asset category, as it will require that the
market value of these items be obtained either from a pricing source or
from the Delivering Member.
III. Discussion
Section 19(b)(2)(C) of the Act \11\ directs the Commission to
approve a self-regulatory organization's proposed rule change if it
determines that the 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 \12\
requires, among other things, that the rules of a clearing agency be
designed to promote the prompt and accurate clearance and settlement of
security transactions, and to assure the safeguarding of securities and
funds that are in the custody or control of such clearing agency, or
for which it is responsible.
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\11\ 15 U.S.C. 78s(b)(2)(C).
\12\ 15 U.S.C. 78q-1(b)(3)(F).
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The Commission concludes that the proposed rule change is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to NSCC. The proposed rule change
should ensure that NSCC members will no longer be surprised with
inflated settlement charges in connection with ACATS transfers. By
allowing NSCC members to gauge their liabilities more accurately, the
proposed rule change will foster the prompt and accurate clearance and
settlement of security transactions, and will assure the safeguarding
of securities and funds in NSCC's custody or control, or for which NSCC
is responsible.
IV. Conclusion
On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act, in particular
with the requirements of Section 17A of the Act \13\ and the rules and
regulations thereunder.
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\13\ 15 U.S.C. 78q-1.
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It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (File No. SR-
[[Page 61035]]
NSCC-2012-06) be, and hereby is, APPROVED.\15\
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\14\ 15 U.S.C. 78s(b)(2).
\15\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-24540 Filed 10-4-12; 8:45 am]
BILLING CODE 8011-01-P