Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Update Its Corporate Actions Service in Order To Introduce a New Standard To Communicate Certain Corporate Actions Information to Participants, 66497-66498 [2012-26946]
Download as PDF
Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Notices
For the Commission, by the Division of
Investment Management, under delegated
authority.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–26910 Filed 11–2–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–68112; File No. SR–OCC–
2012–14]
Self-Regulatory Organizations; The
Options Clearing Corporation; Notice
of Designation of a Longer Period for
Commission Action on Proposed Rule
Change Relating to the Clearance and
Settlement of Over-the-Counter
Options
WREIER-AVILES on DSK5TPTVN1PROD with NOTICES
October 26, 2012.
On August 30, 2012, the Options
Clearing Corporation (‘‘OCC’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change and Advance
Notice SR–OCC–2012–14 pursuant to
Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder.2 The proposed rule
change was published for comment in
the Federal Register on September 18,
2012 3 and an Advance Notice was
published for comment in the Federal
Register on September 27, 2012.4
Section 19(b)(2) of the Act 5 provides
that within 45 days of the public of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day for this filing
is November 2, 2012. The Commission
is extending this 45 day time period.
The proposed rule change relates to
OCC’s adoption of rules to permit the
clearing of Over-the-Counter (‘‘OTC’’)
options on the S&P 500 Index. In light
of the fact that OCC does not currently
provide clearing services for OTC
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 Securities Exchange Act Release No. 67835
(September 12, 2012), 77 FR 57602 (September 18,
2012).
4 Securities Exchange Act Release No. 67906
(September 21, 2012), 77 FR 59431 (September 27,
2012).
5 15 U.S.C. 78s(b)(2).
2 17
VerDate Mar<15>2010
15:30 Nov 02, 2012
Jkt 229001
products and because no registered
clearing agency currently provides
clearing services for OTC S&P 500 Index
options, the Commission finds it is
appropriate to designate a longer period
within which to take action on the
proposed rule change so that it has
sufficient time to consider this proposed
rule change.
Accordingly, the Commission,
pursuant to Section 19b(b)(2) of the
Act,6 designates December 17, 2012, as
the date by which the Commission
should either approve or disapprove, or
institute proceedings to determine
whether to disapprove, the proposed
rule change (File No. SR–OCC–2012–
14).
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.7
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–26909 Filed 11–2–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–68114; File No. SR–DTC–
2012–08]
Self-Regulatory Organizations; The
Depository Trust Company; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Update Its
Corporate Actions Service in Order To
Introduce a New Standard To
Communicate Certain Corporate
Actions Information to Participants
October 26, 2012.
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 October
16, 2012, The Depository Trust
Company (‘‘DTC’’) 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 prepared
primarily by DTC. DTC filed the
proposed rule change pursuant to
Section 19(b)(3)(A)(iii) 3 of the Act and
Rule 19b–4(f)(4)(i) 4 thereunder, so that
the proposed rule change was effective
upon filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested parties.
6 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(4)(i).
7 17
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
66497
I. Self-Regulatory Organization’s
Statement of Terms of Substance of the
Proposed Rule Change
As discussed below, this rule change
updates DTC’s standards for
communicating information related to
distribution events by publishing the
data in industry-standard International
Organization for Standardization
(‘‘ISO’’) 20022 format for the entire
lifecycle of the event. Additionally, DTC
will be replacing corporate actions
functions on its Participant Terminal
System (PTS)/Participant Browser
Service (PBS) applications with a new
browser user interface related to the
processing of distribution events.
II. Self-Regulatory Organization’s
Statement of Purpose of, and Statutory
Basis for, the Proposed Rule Change
In its filing with the Commission,
DTC 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. DTC has prepared
summaries, set forth in sections (A), (B)
and (C) below, of the most significant
aspects of such statements.5
(A) Self-Regulatory Organization’s
Statement of Purpose of, and Statutory
Basis for, the Proposed Rule Change
When significant events occur in the
life of a security, they are typically
announced to shareholders and others
in a press release or a Commission
filing. DTC handles essential aspects of
processing distribution events 6 by
routinely receiving and distributing
information to its Participants using its
proprietary computer to computer
facility (‘‘CCF’’) files. In order to reduce
risk, improve transparency and increase
efficiency in the announcing and
processing of distribution events, DTC is
updating its standards for
communicating information related to
these events by publishing the data in
industry-standard ISO 20022 format for
the entire lifecycle of the event.7 DTC
5 The Commission has modified the text of the
summaries prepared by DTC.
6 The lifecycle of a distribution event includes an
announcement of the event, a record date
entitlement assigned to each Participant entitled to
a distribution, a potential instruction given from the
Participant as to how to handle an optional
distribution, an allocation of a credit to the
Participant and a post allocation communication to
those Participants involved in the distribution.
7 The ISO 20022 format allows for a greater
number of data elements from their equivalent CCF
formats, and the new real-time messaging protocols
allow for more frequent updates and access to
messages intraday as opposed to many of the endof-day batch CCF files.
E:\FR\FM\05NON1.SGM
05NON1
WREIER-AVILES on DSK5TPTVN1PROD with NOTICES
66498
Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Notices
will also be replacing corporate actions
functions on its PTS/PBS applications
with a new browser user interface
related to the processing of distribution
events.
Participants that have volunteered to
participate in a pilot program will
receive ISO 20022 messages across the
entire life cycle of distribution events
(announcement, entitlements,
instructions and allocations) for testing
purposes. The pilot program will be
two-tiered in nature, where testing will
initially begin with DTC emailing
sample ISO 20022 messages containing
test data and then gradually move to
messages that are generated systemically
in order for Participants to conduct a
parallel production test. The
Participants who are participating in the
pilot will continue to receive all
distribution event data via CCF files in
order to run their proprietary
production systems. The pilot program
will run until the second quarter of
2014. Following the termination of the
pilot program, Participants will have the
option to rely on the ISO 20022
distribution event information to
process daily activity in their
production environments. However,
DTC will continue to support its legacy
proprietary CCF files for distribution
event information until 2015.
Additionally, DTC will be replacing
corporate actions functions on its PTS/
PBS applications with a new browser
user interface related to the processing
of distribution events. The interface will
incorporate the entire lifecycle of a
distribution event into one platform
with a unique corporate action identifier
per event that follows the event through
its lifecycle.8 DTC’s proprietary codes
and acronyms will be replaced with
market standard language. For example,
a cash dividend payment in the market
that DTC identifies and communicates
as an ‘‘08’’ function code in PTS/PBS
and via CCF file will now be identified
as a ‘‘Cash Dividend’’ event.
Participants will also be able to
customize information on certain
screens on the interface and have
flexible search methods. Testing of the
interface will take place in 2013 and use
of the new user interface for processing
of distribution events will be mandatory
for all DTC Participants beginning in the
second quarter of 2014. DTC will offer
training to all customers at least six
months prior to implementation. To
assist with the transition, DTC will
continue to support PTS/PBS
8 This contrasts with the current announcements
processed through PTS/PBS in which there are
multiple function codes associated with an event’s
lifecycle.
VerDate Mar<15>2010
15:30 Nov 02, 2012
Jkt 229001
functionality for customers via an
inquiry-only view for at least six months
after the use of the new interface
becomes mandatory.
DTC believes that the proposed rule
change is consistent with the
requirements of the Act, and the rules
and regulations thereunder, because it
modifies a DTC service in order to make
the process for notifying Participants of
distribution events more efficient.
• Send an email to rulecomments@sec.gov. Please include File
No. SR–DTC–2012–08 on the subject
line.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
All submissions should refer to File
Number SR–DTC–2012–08. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filings will also be available for
inspection and copying at the principal
office of DTC and on DTC’s Web site at
https://www.dtcc.com/downloads/legal/
rule_filings/2012/dtc/SR–DTC–2012–
08.pdf.
DTC does not believe that the
proposed rule change will have any
impact, or impose any burden, on
competition.
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments relating to the
proposed rule change have not yet been
solicited or received. DTC will notify
the Commission of any written
comments received by DTC.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(iii) of the Act 9 and Rule
19b–4(f)(4)(i) 10 thereunder because it
effects a change in an existing service of
DTC that does not significantly affect
the safeguarding of securities or funds
in the custody or control of DTC or for
which it is responsible and does not
significantly affect the respective rights
or obligations of DTC or persons using
this service. 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
9 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(4)(i).
10 17
PO 00000
Frm 00067
Fmt 4703
Sfmt 9990
Paper Comments
• Send in triplicate to Elizabeth M.
Murphy, Secretary, Securities and
Exchange Commission, 100 F Street NE.,
Washington, DC, 20549–1090.
All comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–DTC–2012–08 and should
be submitted on or before November 26,
2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–26946 Filed 11–2–12; 8:45 am]
BILLING CODE 8011–01–P
11 17
E:\FR\FM\05NON1.SGM
CFR 200.30–3(a)(12).
05NON1
Agencies
[Federal Register Volume 77, Number 214 (Monday, November 5, 2012)]
[Notices]
[Pages 66497-66498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26946]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-68114; File No. SR-DTC-2012-08]
Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Update Its Corporate Actions Service in Order To Introduce a New
Standard To Communicate Certain Corporate Actions Information to
Participants
October 26, 2012.
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 October 16, 2012, The Depository Trust Company (``DTC'') 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 prepared primarily by DTC. DTC filed the proposed rule change
pursuant to Section 19(b)(3)(A)(iii) \3\ of the Act and Rule 19b-
4(f)(4)(i) \4\ thereunder, so that the proposed rule change was
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested parties.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(4)(i).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of Terms of Substance of
the Proposed Rule Change
As discussed below, this rule change updates DTC's standards for
communicating information related to distribution events by publishing
the data in industry-standard International Organization for
Standardization (``ISO'') 20022 format for the entire lifecycle of the
event. Additionally, DTC will be replacing corporate actions functions
on its Participant Terminal System (PTS)/Participant Browser Service
(PBS) applications with a new browser user interface related to the
processing of distribution events.
II. Self-Regulatory Organization's Statement of Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A),
(B) and (C) below, of the most significant aspects of such
statements.\5\
---------------------------------------------------------------------------
\5\ The Commission has modified the text of the summaries
prepared by DTC.
---------------------------------------------------------------------------
(A) Self-Regulatory Organization's Statement of Purpose of, and
Statutory Basis for, the Proposed Rule Change
When significant events occur in the life of a security, they are
typically announced to shareholders and others in a press release or a
Commission filing. DTC handles essential aspects of processing
distribution events \6\ by routinely receiving and distributing
information to its Participants using its proprietary computer to
computer facility (``CCF'') files. In order to reduce risk, improve
transparency and increase efficiency in the announcing and processing
of distribution events, DTC is updating its standards for communicating
information related to these events by publishing the data in industry-
standard ISO 20022 format for the entire lifecycle of the event.\7\ DTC
[[Page 66498]]
will also be replacing corporate actions functions on its PTS/PBS
applications with a new browser user interface related to the
processing of distribution events.
---------------------------------------------------------------------------
\6\ The lifecycle of a distribution event includes an
announcement of the event, a record date entitlement assigned to
each Participant entitled to a distribution, a potential instruction
given from the Participant as to how to handle an optional
distribution, an allocation of a credit to the Participant and a
post allocation communication to those Participants involved in the
distribution.
\7\ The ISO 20022 format allows for a greater number of data
elements from their equivalent CCF formats, and the new real-time
messaging protocols allow for more frequent updates and access to
messages intraday as opposed to many of the end-of-day batch CCF
files.
---------------------------------------------------------------------------
Participants that have volunteered to participate in a pilot
program will receive ISO 20022 messages across the entire life cycle of
distribution events (announcement, entitlements, instructions and
allocations) for testing purposes. The pilot program will be two-tiered
in nature, where testing will initially begin with DTC emailing sample
ISO 20022 messages containing test data and then gradually move to
messages that are generated systemically in order for Participants to
conduct a parallel production test. The Participants who are
participating in the pilot will continue to receive all distribution
event data via CCF files in order to run their proprietary production
systems. The pilot program will run until the second quarter of 2014.
Following the termination of the pilot program, Participants will have
the option to rely on the ISO 20022 distribution event information to
process daily activity in their production environments. However, DTC
will continue to support its legacy proprietary CCF files for
distribution event information until 2015.
Additionally, DTC will be replacing corporate actions functions on
its PTS/PBS applications with a new browser user interface related to
the processing of distribution events. The interface will incorporate
the entire lifecycle of a distribution event into one platform with a
unique corporate action identifier per event that follows the event
through its lifecycle.\8\ DTC's proprietary codes and acronyms will be
replaced with market standard language. For example, a cash dividend
payment in the market that DTC identifies and communicates as an ``08''
function code in PTS/PBS and via CCF file will now be identified as a
``Cash Dividend'' event. Participants will also be able to customize
information on certain screens on the interface and have flexible
search methods. Testing of the interface will take place in 2013 and
use of the new user interface for processing of distribution events
will be mandatory for all DTC Participants beginning in the second
quarter of 2014. DTC will offer training to all customers at least six
months prior to implementation. To assist with the transition, DTC will
continue to support PTS/PBS functionality for customers via an inquiry-
only view for at least six months after the use of the new interface
becomes mandatory.
---------------------------------------------------------------------------
\8\ This contrasts with the current announcements processed
through PTS/PBS in which there are multiple function codes
associated with an event's lifecycle.
---------------------------------------------------------------------------
DTC believes that the proposed rule change is consistent with the
requirements of the Act, and the rules and regulations thereunder,
because it modifies a DTC service in order to make the process for
notifying Participants of distribution events more efficient.
(B) Self-Regulatory Organization's Statement on Burden on Competition
DTC does not believe that the proposed rule change will have any
impact, or impose any burden, on competition.
(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants, or Others
Written comments relating to the proposed rule change have not yet
been solicited or received. DTC will notify the Commission of any
written comments received by DTC.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(4)(i) \10\ thereunder
because it effects a change in an existing service of DTC that does not
significantly affect the safeguarding of securities or funds in the
custody or control of DTC or for which it is responsible and does not
significantly affect the respective rights or obligations of DTC or
persons using this service. 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.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A)(iii).
\10\ 17 CFR 240.19b-4(f)(4)(i).
---------------------------------------------------------------------------
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 rule-comments@sec.gov. Please include
File No. SR-DTC-2012-08 on the subject line.
Paper Comments
Send in triplicate to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission, 100 F Street NE., Washington, DC,
20549-1090.
All submissions should refer to File Number SR-DTC-2012-08. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available
for inspection and copying at the principal office of DTC and on DTC's
Web site at https://www.dtcc.com/downloads/legal/rule_filings/2012/dtc/SR-DTC-2012-08.pdf.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-DTC-2012-08
and should be submitted on or before November 26, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------
\11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-26946 Filed 11-2-12; 8:45 am]
BILLING CODE 8011-01-P