Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of Amendment No. 2 to an Advance Notice Concerning the Monthly Resizing of the Clearing Fund and the Addition of Financial Resources, 20534-20539 [2015-08712]
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20534
Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Notices
quotation and last sale information for
the Shares.
The proposed rule change is designed
to perfect the mechanism of a free and
open market and, in general, to protect
investors and the public interest in that
it will facilitate the listing and trading
of an additional type of exchange-traded
product that invests principally in
municipal securities and that will
enhance competition among market
participants, to the benefit of investors
and the marketplace. As noted above,
the Exchange has in place surveillance
procedures relating to trading in the
Shares and may obtain information via
ISG from other exchanges that are
members of ISG or with which the
Exchange has entered into a
comprehensive surveillance sharing
agreement. In addition, investors will
have ready access to information
regarding the IIV and quotation and last
sale information for the Shares.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purpose of the Act. The Exchange
notes that the proposed rule change will
facilitate the listing and trading of an
additional type of exchange-traded
product that invests principally in
municipal securities and that will
enhance competition among market
participants, to the benefit of investors
and the marketplace.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
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III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or up to 90 days (i) as the
Commission may designate if it finds
such longer period to be appropriate
and publishes its reasons for so finding
or (ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) By order approve or disapprove
the proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
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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:
• 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 Number SR–
NYSEArca–2015–18 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2015–18. 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
filing also will be available for
inspection and copying at the principal
offices of the Exchange and on its
Internet Web site at www.nyse.com. 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–NYSEArca–2015–18, and
should be submitted on or before May
7, 2015.
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[FR Doc. 2015–08695 Filed 4–15–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
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For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.23
Brent J. Fields,
Secretary.
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[Release No. 34–74713; File No. SR–OCC–
2014–811]
Self-Regulatory Organizations; The
Options Clearing Corporation; Notice
of Filing of Amendment No. 2 to an
Advance Notice Concerning the
Monthly Resizing of the Clearing Fund
and the Addition of Financial
Resources
April 10, 2015.
Pursuant to section 806(e)(1) of title
VIII of the Dodd-Frank Wall Street
Reform and Consumer Protection Act,
entitled the Payment, Clearing, and
Settlement Supervision Act of 2010 1
(‘‘Payment, Clearing and Settlement
Supervision Act’’) and Rule 19b–
4(n)(1)(i) under the Securities Exchange
Act of 1934 (‘‘Exchange Act’’),2 notice is
hereby given that on March 4, 2015, The
Options Clearing Corporation (‘‘OCC’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’)
Amendment no. 2 to the advance notice
(‘‘Amendment No. 2’’) as described in
Items I, II and III below, which Items
have been prepared by OCC. On
December 1, 2014, OCC originally filed
the advance notice with the
Commission. On December 16, 2014,
OCC filed Amendment No.1 to the
advance notice (‘‘Amendment No. 1’’),
which amended and replaced, in its
entirety, the advance notice as originally
filed on December 1, 2014.3
Amendment No. 1 to the advance notice
was published for comment in the
Federal Register on January 26, 2015.4
23 17
CFR 200.30–3(a)(12).
U.S.C. 5465(e)(1).
2 17 CFR 240.19b–4(n)(1)(i).
3 In Amendment No. 1, OCC amended the
advance notice to include the Monthly Clearing
Fund Sizing Procedure and the Financial Resource
Monitoring and Call Procedure as exhibits to the
filing, both defined hereinafter, as Exhibit 5A and
Exhibit 5B, respectively. OCC has requested
confidential treatment for Exhibit 5A, Exhibit 5B,
and Exhibit 5C, referred to hereinafter, pursuant to
Exchange Act Rule 24b–2.
4 Securities Exchange Act Release No. 74091
(January 20, 2015), 80 FR 4001 (January 26, 2015)
(File No. SR–OCC–2014–811). OCC also filed the
proposal contained in the advance notice, and
Amendment No. 1 thereto, as a proposed rule
change, and subsequent amendment no. 1 thereto,
under section 19(b)(1) of the Exchange Act and Rule
19b–4 thereunder. See Securities Exchange Act
1 12
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The Commission did not receive any
comments on Amendment No. 1 to the
advance notice. Amendment No. 2 to
the advance notice amends and
replaces, in its entirety, Amendment No.
1 to the advance notice. The
Commission is publishing this notice to
solicit comments on Amendment No. 2
from interested persons.
tkelley on DSK3SPTVN1PROD with NOTICES
I. Clearing Agency’s Statement of the
Terms of Substance of the Advance
Notice
This advance notice is filed by OCC
in connection with OCC’s proposal to
establish procedures regarding the
monthly resizing of its Clearing Fund
and the addition of financial resources
through intra-day margin calls and/or an
intra-month increase of the Clearing
Fund to ensure that it maintains
adequate financial resources in the
event of a default of a Clearing Member
or group of affiliated Clearing Members
presenting the largest exposure to OCC.
This Amendment No. 2 to SR–OCC–
2014–811 (SR–OCC–2014–811 is
hereinafter defined as the ‘‘Filing’’)
amends and replaces in its entirety the
Filing as originally submitted on
December 1, 2014, and amended on
December 16, 2014. The purpose of this
Amendment No. 2 is to clarify the
operation of a Margin Call Event in the
period of time between the calculation
of the next month’s Clearing Fund
Sizing and the collection of the funds
pursuant to the Clearing Fund Sizing.
Specifically, the amendment clarifies
that: (i) Funds deposited by a clearing
member pursuant to a Margin Call Event
are considered in aggregate with other
funds remaining on deposit with OCC
by the same Clearing Member pursuant
to a separate Margin Call Event within
the same monthly period, as applicable;
and (ii) funds deposited by a clearing
member pursuant to a Margin Call
Event(s) may not be withdrawn until
OCC collects all funds to satisfy the next
regular monthly Clearing Fund resizing.
OCC is also proposing amendments that
clarify the definition of ‘‘Financial
Resources’’ within the Filing. A restated
description of the purpose of the
proposed rule change is below. In
addition, conforming changes were
made to Exhibit 5B, the Financial
Resources Monitoring and Call
Procedure, which is attached hereto.
Further, OCC is proposing to add the
Clearing Fund Intra-Month Re-Sizing
Procedure, as Exhibit 5C to the Filing,
through this Amendment No. 2. The
Release No. 73853 (December 16, 2014), 79 FR
76417 (December 22, 2014) (File No. SR–OCC–
2014–22). The Commission did not receive any
comments on the proposed rule change.
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Clearing Fund Intra-Month Re-Sizing
Procedure would provide additional
clarity regarding the resizing process
discussed above.
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Advance Notice
In its filing with the Commission,
OCC included statements concerning
the purpose of and basis for the advance
notice and discussed any comments it
received on the advance notice. The text
of these statements may be examined at
the places specified in Item IV below.
OCC has prepared summaries, set forth
in sections (A) and (B) below, of the
most significant aspects of these
statements.
(A) Clearing Agency’s Statement on
Comments on the Advance Notice
Received From Members, Participants or
Others
Written comments on the advance
notice were not and are not intended to
be solicited with respect to the advance
notice and none have been received.
(B) Advance Notices Filed Pursuant to
Section 806(e) of the Payment, Clearing
and Settlement Supervision Act
The proposed change would establish
new procedures regarding the monthly
resizing of the Clearing Fund and the
addition of financial resources through
intra-day margin calls and/or an intramonth increase of the Clearing Fund to
ensure that OCC maintains adequate
Financial Resources in the event of a
default of a Clearing Member or group
of affiliated Clearing Members
presenting the largest exposure to OCC.
Purpose of the Proposed Change
The proposed change is intended to
describe the situations in which OCC
would exercise authority under its Rules
to ensure that it maintains adequate
Financial Resources 5 in the event that
stress tests reveal a default of the
Clearing Member or Clearing Member
Group 6 presenting the largest exposure
would threaten the then-current
5 ‘‘Financial Resources’’ means, with respect to a
projected loss attributable to a particular Clearing
Member or Clearing Member Group, as defined
below, the sum of the margin deposits (less any
excess margin a Clearing Member or Clearing
Member Group may have on deposit at OCC) and
deposits in lieu of margin in respect of such
Clearing Members’ or Clearing Member Groups’
accounts, and the value of OCC’s Clearing Fund,
including both the Base Amount, as defined below,
and the prudential margin of safety, as discussed
below.
6 ‘‘Clearing Member Group’’ means a Clearing
Member and any affiliated entities that control, are
controlled by or are under common control with
such Clearing Member. See OCC By-Laws, Article
I, sections 1.C.(15) and 1.M(11).
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Financial Resources. This proposed
change would establish procedures
governing: (i) OCC’s resizing of the
Clearing Fund on a monthly basis
pursuant to Rule 1001(a) (the ‘‘Monthly
Clearing Fund Sizing Procedure’’); and
(ii) the addition of Financial Resources
through an intra-day margin call on one
or more Clearing Members under Rule
609 and, if necessary, an intra-month
increase of the Clearing Fund pursuant
to Rule 1001(a) (the ‘‘Financial Resource
Monitoring and Call Procedure’’).7 The
Monthly Clearing Fund Sizing
Procedure would permit OCC to
determine the size of the Clearing Fund
by relying on a broader range of sound
risk management practices than those
historically used under Rule 1001(a).8
The Financial Resource Monitoring and
Call Procedure would require OCC to
collect additional Financial Resources
in certain circumstances, establish how
OCC calculates and collects such
resources and provide the timing by
which such resources would be required
to be deposited by Clearing Members.
Background
OCC monitors the sufficiency of the
Clearing Fund on a daily basis but, prior
to emergency action taken on October
15, 2014,9 OCC had no express authority
to increase the size of the Clearing Fund
on an intra-month basis.10 During
ordinary course daily monitoring on
October 15, 2014, and as a result of
increased volatility in the financial
markets in October 2014, OCC
determined that the Financial Resources
needed to cover the potential loss
associated with a default of the Clearing
Member or Clearing Member Group
presenting the largest exposure could
7 This advance notice filing has also been filed as
a proposed rule change (SR–OCC–2014–22).
8 The procedures described herein would be in
effect until the development of a new standard
Clearing Fund sizing methodology. Following such
development, which will include a quantitative
approach to calculating the ‘‘prudential margin of
safety,’’ as discussed below, OCC will file a separate
rule change and advance notice with the
Commission that will include a description of the
new methodology as well as a revised Monthly
Clearing Fund Sizing Procedure.
9 On October 16, 2014, OCC filed an emergency
notice with the Commission to suspend the
effectiveness of the second sentence of Rule
1001(a). See Securities Exchange Act Release No.
73579 (November 12, 2014), 79 FR 68747
(November 18, 2014) (SR–OCC–2014–807). On
November 13, 2014, OCC filed SR–OCC–2014–21
with the Commission to delete the second sentence
of Rule 1001(a), preserving the suspended
effectiveness of that sentence until such time as the
Commission approves or disapproves SR–OCC–
2014–21. See Securities Exchange Act Release No.
73685 (November 25, 2014), 79 FR 71479
(December 2, 2014), (SR–OCC–2014–21).
10 See OCC Rule 1001(a).
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tkelley on DSK3SPTVN1PROD with NOTICES
have exceeded the Financial Resources
then available to apply to such a default.
To permit OCC to increase the size of
its Clearing Fund prior to the next
monthly resizing that was scheduled to
take place on the first business day of
November 2014, OCC’s Executive
Chairman, on October 15, 2014,
exercised certain emergency powers as
set forth in Article IX, section 14 of
OCC’s By-Laws 11 to waive the
effectiveness of the second sentence of
Rule 1001(a), which states that OCC will
adjust the size of the Clearing Fund
monthly and that any resizing will be
based on data from the preceding
month. OCC then filed an emergency
notice with the Commission pursuant to
section 806(e)(2) of the Payment,
Clearing and Settlement Supervision
Act of 2010 12 and increased the
Clearing Fund size for the remainder of
October 2014 as otherwise provided for
in the first sentence of Rule 1001(a).13
Clearing Members were informed of
the action taken by the Executive
Chairman 14 and the amount of their
additional Clearing Fund requirements,
which were met without incident. As a
result of these actions, OCC’s Clearing
Fund for October 2014 was increased by
$1.8 billion. In continued reliance on
the emergency rule waiver and in
accordance with the first sentence of
Rule 1001(a), OCC set the November
2014 Clearing Fund size at $7.8 billion,
which included an amount determined
by OCC to be sufficient to protect OCC
against loss under simulated default
scenarios (i.e., $6 billion), plus a
prudential margin of safety (the
additional $1.8 billion collected in
October).15 All required contributions to
the November 2014 Clearing Fund were
met by affected Clearing Members.
Under Article IX, section 14(c), absent
the submission of a proposed rule
change to the Commission seeking
11 OCC also has submitted an advance notice that
would provide greater detail concerning conditions
under which OCC would increase the size of the
Clearing Fund intra-month. The change would
permit an intra-month increase in the event that the
five-day rolling average of projected draws are
150% or more of the Clearing Fund’s then current
size. See Securities Exchange Act Release No. 72804
(August 11, 2014), 79 FR 48276 (August 15, 2014)
(SR–OCC–2014–804).
12 12 U.S.C. 5465(e)(2).
13 See supra, note 10.
14 See Information Memorandum #35397, dated
October 16, 2014, available on OCC’s Web site,
https://www.theocc.com/clearing/clearinginfomemos/infomemos1.jsp. Clearing members also
were informed that a prudential margin of safety of
$1.8 billion would be retained until a new Clearing
Fund sizing formula has been approved and
implemented.
15 See Information Memorandum #35507, dated
October 31, 2014, available on OCC’s Web site,
https://www.theocc.com/clearing/clearinginfomemos/infomemos1.jsp.
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approval of OCC’s waiver of the
provisions of the second sentence of
Rule 1001(a), such waiver would not be
permitted to continue for more than
thirty calendar days from the date
thereof.16 Accordingly, on November
13, 2014, OCC submitted SR–OCC–
2014–21 to delete the second sentence
of Rule 1001(a) and, by the terms of
Article IX, section 14(c), preserve the
suspended effectiveness of the second
sentence of Rule 1001(a) beyond thirty
calendar days.17
SR–OCC–2014–21 was submitted in
part to permit OCC to determine the size
of its Clearing Fund by relying on a
broader range of sound risk management
practices than considered in basing such
size on the average daily calculations
under Rule 1001(a) that are performed
during the preceding calendar month.
The Monthly Clearing Fund Sizing
Procedure, as described below, is based
on such broader risk management
practices and establishes the procedures
OCC would use to determine the size of
the Clearing Fund on a monthly basis.
Similarly, SR–OCC–2014–21 was
submitted in part to permit OCC to
resize the Clearing Fund more
frequently than monthly when the
circumstances warrant an increase of
the Clearing Fund. The Financial
Resource Monitoring and Call
Procedure, as described below,
establishes the procedures that OCC
would use to add Financial Resources
through an intra-day margin call on one
or more Clearing Members under Rule
609 and, if necessary, an intra-month
increase of the Clearing Fund pursuant
to Rule 1001(a).18
Monthly Clearing Fund Sizing
Procedure
Under the Monthly Clearing Fund
Sizing Procedure, OCC would continue
to calculate the size of the Clearing
Fund based on its daily stress test
exposures under simulated default
scenarios as described in the first
sentence of Rule 1001(a) and resize the
Clearing Fund on the first business day
of each month. However, instead of
resizing the Clearing Fund based on the
average of the daily calculations during
the preceding calendar month, as stated
in the suspended second sentence of
Rule 1001, OCC would resize the
Clearing Fund so that it is the sum of:
(i) An amount equal to the peak five-day
16 See
OCC By-Laws, Article IX, section 14(c).
supra, note 10. OCC also submitted this
proposed rule change to the Commodity Futures
Trading Commission.
18 As noted in SR–OCC–2014–21, OCC would use
its intra-month resizing authority only to increase
the size of the Clearing Fund where appropriate, not
to decrease the size of the Clearing Fund.
17 See
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rolling average of Clearing Fund draws
observed over the preceding three
calendar months of daily idiosyncratic
default and minor systemic default
scenario calculations based on OCC’s
daily Monte Carlo simulations (‘‘Base
Amount’’) and (ii) a prudential margin
of safety determined by OCC and
currently set at $1.8 billion.19
OCC believes that the proposed
Monthly Clearing Fund Sizing
Procedure provides a sound and
prudent approach to ensure that the
Financial Resources are adequate to
protect against the largest risk of loss
presented by the default of a Clearing
Member or Clearing Member Group. By
virtue of using only the peak five-day
rolling average and by extending the
look-back period, the proposed Monthly
Clearing Fund Sizing Procedure is both
more responsive to sudden increases in
exposure and less susceptible to
recently observed decreases in exposure
that would reduce the overall sizing of
the Clearing Fund, thus mitigating
procyclicality.20 Furthermore, the
prudential margin of safety provides an
additional buffer to absorb potential
future exposures not previously
observed during the look-back period.
The proposed Monthly Clearing Fund
Sizing Procedure would be
supplemented by the Financial
Resource Monitoring and Call
Procedure, described below, to provide
further assurance that the Financial
Resources are adequate to protect
against such risk of loss.
Financial Resource Monitoring and Call
Procedure
Under the Financial Resource
Monitoring and Call Procedure, OCC
would use the same daily idiosyncratic
default calculation as under the
Monthly Clearing Fund Sizing
Procedure to monitor daily the
adequacy of the Financial Resources to
withstand a default by the Clearing
Member or Clearing Member Group
presenting the largest exposure under
19 On a daily basis, OCC computes its exposure
under the idiosyncratic and minor systemic events.
The greater of these two exposures is that day’s
‘‘peak exposure.’’ To calculate the ‘‘rolling five day
average’’ OCC computes the average of the peak
exposure for each consecutive five-day period
observed over the prior three-month period. To
determine the Base Amount, OCC would use the
largest five-day rolling average observed over the
past three-months. This methodology was used to
determine the Base Amount of the Clearing Fund
for November 2014 and December 2014.
20 Considering only the peak exposures is a more
conservative methodology that gives greater
weighting to sudden increases in exposure
experienced by Clearing Members, thus enhancing
the responsiveness of the procedure to such sudden
increases. By using a longer look-back period, the
methodology would respond more slowly to
recently observed decreases in peak exposures.
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extreme but plausible market
conditions.21 If such a daily
idiosyncratic default calculation
projected a draw on the Clearing Fund
(a ‘‘Projected Draw’’) that is at least 75%
of the Clearing Fund maintained by
OCC, OCC would be required to issue an
intra-day margin call pursuant to Rule
609 against the Clearing Member or
Clearing Member Group that caused
such a draw (‘‘Margin Call Event’’).22
Subject to a limitation described below,
the amount of the margin call would be
the difference between the Projected
Draw and the Base Clearing Fund
(‘‘Exceedance Above Base Amount’’). In
the case of a Clearing Member Group
that causes the Exceedance Above Base
Amount, the Exceedance Above Base
Amount would be pro-rated among the
individual Clearing Members that
compose the Clearing Member Group
based on each individual Clearing
Member’s proportionate share of the
‘‘total risk’’ for such Clearing Member
Group as defined in Rule 1001(b), i.e.,
the margin requirement with respect to
all accounts of the Clearing Member
Group exclusive of the net asset value
of the positions in such accounts
aggregated across all such accounts.
However, in the case of an individual
Clearing Member or a Clearing Member
Group, the margin call would be subject
to a limitation under which it could not
exceed the lower 23 of: (a) $500 million,
or (b) 100% of a Clearing Member’s net
capital. Such limitation would be
measured in aggregate with any funds
remaining on deposit with OCC
deposited by the same Clearing Member
pursuant to a Margin Call Event within
21 Since the minor systemic default scenario
contemplates two Clearing Members’
simultaneously defaulting and OCC maintains
Financial Resources sufficient to cover a default by
a Clearing Member or Clearing Member Group
representing the greatest exposure to OCC, OCC
does not use the minor systemic default scenario to
determine the adequacy of the Financial Resources
under the Financial Resource Monitoring and Call
Procedure.
22 Rule 609 authorizes OCC to require the deposit
of additional margin in any account at any time
during any business day by any Clearing Member
for, inter alia, the protection of OCC, other Clearing
Members or the general public. Clearing Members
must meet a required deposit of intra-day margin
in immediately available funds at a time prescribed
by OCC or within one hour of OCC’s issuance of
debit settlement instructions against the bank
account(s) of the applicable Clearing Member(s),
thereby ensuring the prompt deposit of additional
Financial Resources.
23 ‘‘Capping’’ the intra-day margin call avoids
placing a ‘‘liquidity squeeze’’ on the subject
Clearing Member(s) based on exposures presented
by a hypothetical stress test, which would have the
potential for causing a default on the intra-day
margin call. Back testing results determined that
such calls would have been made against Clearing
Members that are large, well-capitalized firms, with
more than sufficient resources to satisfy the call for
additional margin with the proposed limitations.
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the same monthly period, as applicable,
until collection of all funds to satisfy the
next regular monthly Clearing Fund
resizing (the ‘‘500/100 Limitation’’).24
Upon satisfaction of the margin call,
OCC would use its authority under Rule
608 to preclude the withdrawal of such
additional margin amount until it
collects all of the funds determined by
the next Monthly Clearing Fund Sizing
Procedure. Based on three years of back
testing data, OCC determined that it
would have had Margin Call Events in
10 of the months during this time
period. For each of these months, the
maximum call amount would have been
equal to $500 million, with one
exception in which the maximum call
amount for the month was $7.7
million.25 After giving effect to the intraday margin calls, i.e., by increasing the
Financial Resources by $500 million,
there was only one Margin Call Event
where there was an observed stress test
exceedance of the Financial Resources.
To address this one observed
instance, the Financial Resource
Monitoring and Call Procedure also
would require OCC to increase the size
of the Clearing Fund (‘‘Clearing Fund
Intra-month Increase Event’’) if a
Projected Draw exceeds 90% of the
Clearing Fund, after applying any funds
then on deposit with OCC from the
applicable Clearing Member or Clearing
Member Group pursuant to a Margin
Call Event. The amount of such increase
(‘‘Clearing Fund Increase’’) would be the
greater of: (a) $1 billion; or (b) 125% of
the difference between (i) the Projected
Draw, as reduced by the deposits
resulting from the Margin Call Event
and (ii) the Clearing Fund. Each
Clearing Member’s proportionate share
of the Clearing Fund Increase would
equal its proportionate share of the
variable portion of the Clearing Fund for
the month in question as calculated
pursuant to Rule 1001(b). OCC would
notify the Risk Committee of the Board
of Directors (the ‘‘Risk Committee’’),
Clearing Members and appropriate
regulatory authorities of the Clearing
Fund Increase on the business day on
which the Clearing Fund Intra-month
Increase Event occurred. This ensures
that OCC management maintains
authority to address any potential
Financial Resource deficiencies when
24 The Risk Committee would be notified, and
could take action to address potential Financial
Resource deficiencies, in the event that a Projected
Draw resulted in a Margin Call Event and as a result
of the 500/100 Limitation the margin call was less
than the Exceedance Above Base Amount, but the
Projected Draw was not so large as to result in an
increase in the Clearing Fund as discussed below.
25 The back testing analysis performed assumed a
single Clearing Member caused the exceedance.
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compared to its Projected Draw
estimates. The Risk Committee would
then determine whether the Clearing
Fund Increase was sufficient, and would
retain authority to increase the Clearing
Fund Increase or the margin call made
pursuant to a Margin Call Event in its
discretion. Clearing Members would be
required to meet the call for additional
Clearing Fund assets by 9:00 a.m. CT on
the second business day following the
Clearing Fund Intra-Month Increase
Event. OCC believes that this collection
process ensures additional Clearing
Fund assets are promptly deposited by
Clearing Members following notice of a
Clearing Fund Increase, while also
providing Clearing Members with a
reasonable period of time to source such
assets. Based on OCC’s back testing
results, after giving effect to the intraday margin call in response to a Margin
Call Event plus the prudential margin of
safety, the Financial Resources would
have been sufficient upon implementing
the one instance of a Clearing Fund
Intra-month Increase Event.
OCC believes the Financial Resource
Monitoring and Call Procedure strikes a
prudent balance between mutualizing
the burden of requiring additional
Financial Resources and requiring the
Clearing Member or Clearing Member
Group causing the increased exposure to
bear such burden. As noted above, in
the event of a Margin Call Event, OCC
limits the margin call until collection of
all funds to satisfy the next regular
monthly resizing to an aggregate of $500
million, or 100% of a Clearing Member’s
net capital in order to avoid putting an
undue liquidity strain on any one
Clearing Member. However, where a
Projected Draw exceeds 90% of OCC’s
Clearing Fund, OCC must act to ensure
that it has sufficient Financial
Resources, and determined that it
should mutualize the burden of the
additional Financial Resources at this
threshold through a Clearing Fund
Increase. OCC believes that this balance
would provide OCC with sufficient
Financial Resources without increasing
the likelihood that its procedures
would, based solely on stress testing
results, cause a liquidity strain on any
on Clearing Member that could result in
such member’s default.
The following examples illustrate the
manner in which the Financial Resource
Monitoring and Call Procedure would
be applied. All assume that the Clearing
Fund size is $7.8 billion, $6 billion of
which is the Base Amount and $1.8
billion of which is the prudential
margin of safety. The 75% threshold in
these examples is $5.85 billion.
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Example 1: Single CM
Under OCC’s stress testing the
Projected Draw attributable to Clearing
Member ABC, a Clearing Member with
no affiliated Clearing Members and net
capital of $500 million, is $6.4 billion,
or 82% of the Clearing Fund. OCC
would make a margin call for $400
million, which represents the
Exceedance Above Base Amount. In this
case the 500/100 Limitation would not
be applicable because the Exceedance
Above Base Amount is less than $500
million and 100% of the Clearing
Member’s net capital. The Clearing
Member would be required to meet the
$400 million call within one hour
unless OCC prescribed a different time,
and OCC would retain the $400 million
until collection of all the funds to satisfy
the next monthly Clearing Fund sizing
calculation.
If, on a different day within the same
month, CM ABC’s Projected Draw
minus the $400 million already
deposited with OCC results in an
Exceedance above Base Amount,
another Margin Call Event would be
triggered, with the amount currently
deposited with OCC applying toward
the 500/100 Limitation.
tkelley on DSK3SPTVN1PROD with NOTICES
Example 2: Clearing Member Group
Under OCC’s stress testing the
Projected Draw attributable to Clearing
Member Group DEF, comprised of two
Clearing Members each with net capital
of $800 million, is $6.2 billion, or 79%
of OCC’s Clearing Fund. OCC would
initiate a margin call on Clearing
Member Group DEF for $200 million.
The call would be allocated to the two
Clearing Members that compose the
Clearing Member Group based on each
Clearing Member’s risk margin
allocation. In this case the 500/100
Limitation would not be applicable
because the Exceedance Above Base
Amount is less than $500 million and
100% of net capital. The margin call
would be required to be met within one
hour of the call unless OCC prescribed
a different time. For example, in the
case where one Clearing Member
accounts for 75% of the risk margin for
the Clearing Member Group, that
Clearing Member would be allocated
$150 million of the call and the other
Clearing Member, accounting for 25% of
the risk margin for the Clearing Member
Group, would be allocated $50 million
of the call. The funds would remain
deposited with OCC until collection of
all the funds to satisfy the next monthly
Clearing Fund sizing calculation.
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Example 3: Clearing Member Group
With $500 Million Cap
Under OCC’s stress testing the
Projected Draw attributable to Clearing
Member Group GHI, comprised of two
Clearing Members each with net capital
of $800 million, is $6.8 billion, or 87%
of the Clearing Fund. The Exceedance
Above Base Amount would be $800
million, allocated to the two Clearing
Members that compose the Clearing
Member Group based on each Clearing
Member’s risk margin allocation. Using
the 75/25 risk margin allocation from
Example 2, one Clearing Member would
be allocated $600 million and the other
Clearing Member would be allocated
$200 million. The first Clearing Member
would be required to deposit $500
million with OCC, which is the lowest
of $500 million, that member’s net
capital, or that member’s share of the
Exceedance Above Base Amount, and
the other Clearing Member would be
required to deposit $200 million with
OCC. After collecting the additional
margin, OCC would determine whether
the Projected Draw would exceed 90%
of the Clearing Fund after reducing the
Projected Draw by the additional
margin. This calculation would divide a
Projected Draw of $6.1 billion, which is
the original Projected Draw of $6.8
billion reduced by the additional
margin, by the Clearing Fund of $7.8
billion. The resulting percentage of 78%
would be below the 90% threshold, and
accordingly there would not be a
Clearing Fund Intra-month Increase
Event.
Example 4: Margin Call and Increase in
Size of Clearing Fund
Under OCC’s stress testing the
Projected Draw attributable to Clearing
Member JKL, a Clearing Member with
no affiliated Clearing Members and net
capital of $600 million, is $10.0 billion,
or 128% of the Clearing Fund. OCC
would make a margin call for $500
million, which represents the lowest of
the Exceedance Above Base Amount,
$500 million and 100% of net capital.
The Clearing Member would be required
to meet the $500 million call within one
hour unless OCC prescribed a different
time, and OCC would retain the $500
million until collection of all the funds
to satisfy the next monthly Clearing
Fund sizing calculation. After collecting
the additional margin, OCC would
determine whether the Projected Draw
would exceed 90% of the Clearing Fund
after reducing the Projected Draw by the
additional margin. This calculation
would divide a Projected Draw of $9.5
billion, which is the original Projected
Draw of $10 billion reduced by the
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Fmt 4703
Sfmt 4703
additional margin, by the Clearing Fund
of $7.8 billion. The resulting percentage
of 122%, while lower, would still
exceed the 90% threshold, and
accordingly OCC would declare a
Clearing Fund Intra-month Increase
Event. To calculate the Clearing Fund
Increase, OCC would first determine the
difference between the modified
Projected Draw ($9.5 billion) and the
Clearing Fund ($7.8 billion), which in
this case would be $1.7 billion, OCC
would then multiply this by 1.25,
resulting in $2.125 billion. Because this
amount is greater than $1 billion, the
Clearing Fund Increase would be $2.125
billion and a modified Clearing Fund of
OCC totaling $9.925 billion ($425
million in excess of the modified
Projected Draw of $9.5 billion).
Consistency With the Payment, Clearing
and Settlement Supervision Act
OCC believes that the proposed
change regarding the establishment of
the Monthly Clearing Fund Sizing
Procedure and Financial Resource
Monitoring and Call Procedure
described above is consistent with
section 805(b)(1) of the Payment,
Clearing and Settlement Supervision
Act 26 because the proposed procedures
will promote robust risk management by
setting forth a process in order to ensure
that OCC maintains adequate Financial
Resources in the event of a default of a
Clearing Member or Clearing Member
Group presenting the largest exposure to
OCC. The proposed change regarding
the establishment of these procedures is
also consistent with section 806(e)(2) of
the Payment, Clearing and Settlement
Supervision Act, upon which OCC
relied in originally suspending the
effectiveness of the second sentence of
Rule 1001(a) and increasing the size of
the Clearing Fund on October 15, 2014,
because it allows OCC to continue to
provide its services in a safe and sound
manner.27
Anticipated Effect on and Management
of Risk
OCC believes that the proposed
change will reduce OCC’s overall level
of risk because the proposed change
makes it less likely that OCC’s Clearing
Fund would be insufficient should OCC
need to use its Clearing Fund to manage
a Clearing Member or Clearing Member
Group default. The Monthly Clearing
Fund Sizing Procedure would permit
OCC to determine the size of its Clearing
Fund by relying on a broader range of
sound risk management practices than
26 12
U.S.C. 5464(b)(1).
U.S.C. 5464(e)(2); see SR–OCC–2014–807,
supra, note 8.
27 12
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those considered in the suspended
second sentence of Rule 1001(a). OCC
believes that using the peak five-day
rolling average of Clearing Fund draws
observed over a three-month period will
result in a monthly resizing of the
Clearing Fund that will better reflect the
risks posed by sudden increases in
exposure experienced by Clearing
Members. OCC also believes that the
proposed prudential margin of safety
will provide an additional buffer to
protect against exposures not reflected
in the three-month look-back period.
The Financial Resource Monitoring and
Call Procedure would enable OCC to
minimize losses in the event of a default
of a Clearing Member or Clearing
Member Group presenting the largest
exposure to OCC, by allowing it the
flexibility to obtain additional Financial
Resources either through an intra-day
margin call or an intra-month increase
in the size of the Clearing Fund, which
would ensure that the clearance and
settlement of transactions in options
and other contracts occurs without
interruption. Accordingly, OCC believes
that the proposed changes would reduce
risks to OCC and its participants.
Moreover, and for the same reasons, the
proposed change will facilitate OCC’s
ability to manage risk.
tkelley on DSK3SPTVN1PROD with NOTICES
III. Date of Effectiveness of the Advance
Notice and Timing for Commission
Action
The advance notice may be
implemented if the Commission does
not object to the advance notice within
60 days of the later of (i) the date that
the advance notice was filed with the
Commission or (ii) the date that any
additional information requested by the
Commission is received. OCC shall not
implement the advance notice if the
Commission has any objection to the
advance notice.
The Commission may extend the
period for review by an additional 60
days if the advance notice raises novel
or complex issues, subject to the
Commission providing OCC with
prompt written notice of the extension.
An advance notice may be implemented
in less than 60 days from the date the
advance notice is filed, or the date
further information requested by the
Commission is received, if the
Commission notifies OCC in writing
that it does not object to the advance
notice and authorizes OCC to
implement the advance notice on an
earlier date, subject to any conditions
imposed by the Commission.
The clearing agency shall post notice
on its Web site of proposed changes that
are implemented.
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16:48 Apr 15, 2015
Jkt 235001
The proposal shall not take effect
until all regulatory actions required
with respect to the proposal are
completed.
By the Commission.
Brent J. Fields,
Secretary.
IV. Solicitation of Comments
20539
BILLING CODE 8011–01–P
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing.
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 Number SR–
OCC–2014–811 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–OCC–2014–811. 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 advance notice that
are filed with the Commission, and all
written communications relating to the
advance notice 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 the
filing also will be available for
inspection and copying at the principal
office of OCC and on OCC’s Web site at
https://www.theocc.com/components/
docs/legal/rules_and_bylaws/sr_occ_14_
811.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–OCC–2014–811 and should
be submitted on or before May 7, 2015.
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[FR Doc. 2015–08712 Filed 4–15–15; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
31549; File No. 812–14357]
Dreyfus TMT Opportunities Fund, Inc.,
et al.; Notice of Application
April 7, 2015.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of an application under
section 6(c) of the Investment Company
Act of 1940 (‘‘Act’’) for an exemption
from section 19(b) of the Act and rule
19b–1 under the Act.
AGENCY:
Dreyfus TMT Opportunities
Fund, Inc. (‘‘TMT Fund’’) and The
Dreyfus Corporation (‘‘Dreyfus’’ and,
together with TMT Fund, the
‘‘Applicants’’).
SUMMARY OF APPLICATION: Applicants
request an order to permit certain
registered closed-end investment
companies to make periodic
distributions of long-term capital gains
with respect to their outstanding
common stock as frequently as twelve
times in any one taxable year, and as
frequently as distributions are specified
by or in accordance with the terms of
any outstanding preferred stock that
such investment companies may issue.
DATES: Filing Dates: The application was
filed on September 5, 2014 and
amended on February 18, 2015.
HEARING OR NOTIFICATION OF HEARING: An
order granting the application will be
issued unless the Commission orders a
hearing. Interested persons may request
a hearing by writing to the
Commission’s Secretary and serving
applicants with a copy of the request,
personally or by mail. Hearing requests
should be received by the Commission
by 5:30 p.m. on May 4, 2015, and
should be accompanied by proof of
service on applicants, in the form of an
affidavit or, for lawyers, a certificate of
service. Pursuant to Rule 0–5 under the
Act, hearing requests should state the
nature of the writer’s interest, any facts
bearing upon the desirability of a
hearing on the matter, the reason for the
request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Commission’s Secretary.
ADDRESSES: The Commission: Brent J.
Fields, Secretary, U.S. Securities and
APPLICANTS:
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Agencies
[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Notices]
[Pages 20534-20539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08712]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74713; File No. SR-OCC-2014-811]
Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Amendment No. 2 to an Advance Notice Concerning the
Monthly Resizing of the Clearing Fund and the Addition of Financial
Resources
April 10, 2015.
Pursuant to section 806(e)(1) of title VIII of the Dodd-Frank Wall
Street Reform and Consumer Protection Act, entitled the Payment,
Clearing, and Settlement Supervision Act of 2010 \1\ (``Payment,
Clearing and Settlement Supervision Act'') and Rule 19b-4(n)(1)(i)
under the Securities Exchange Act of 1934 (``Exchange Act''),\2\ notice
is hereby given that on March 4, 2015, The Options Clearing Corporation
(``OCC'') filed with the Securities and Exchange Commission
(``Commission'') Amendment no. 2 to the advance notice (``Amendment No.
2'') as described in Items I, II and III below, which Items have been
prepared by OCC. On December 1, 2014, OCC originally filed the advance
notice with the Commission. On December 16, 2014, OCC filed Amendment
No.1 to the advance notice (``Amendment No. 1''), which amended and
replaced, in its entirety, the advance notice as originally filed on
December 1, 2014.\3\ Amendment No. 1 to the advance notice was
published for comment in the Federal Register on January 26, 2015.\4\
[[Page 20535]]
The Commission did not receive any comments on Amendment No. 1 to the
advance notice. Amendment No. 2 to the advance notice amends and
replaces, in its entirety, Amendment No. 1 to the advance notice. The
Commission is publishing this notice to solicit comments on Amendment
No. 2 from interested persons.
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\1\ 12 U.S.C. 5465(e)(1).
\2\ 17 CFR 240.19b-4(n)(1)(i).
\3\ In Amendment No. 1, OCC amended the advance notice to
include the Monthly Clearing Fund Sizing Procedure and the Financial
Resource Monitoring and Call Procedure as exhibits to the filing,
both defined hereinafter, as Exhibit 5A and Exhibit 5B,
respectively. OCC has requested confidential treatment for Exhibit
5A, Exhibit 5B, and Exhibit 5C, referred to hereinafter, pursuant to
Exchange Act Rule 24b-2.
\4\ Securities Exchange Act Release No. 74091 (January 20,
2015), 80 FR 4001 (January 26, 2015) (File No. SR-OCC-2014-811). OCC
also filed the proposal contained in the advance notice, and
Amendment No. 1 thereto, as a proposed rule change, and subsequent
amendment no. 1 thereto, under section 19(b)(1) of the Exchange Act
and Rule 19b-4 thereunder. See Securities Exchange Act Release No.
73853 (December 16, 2014), 79 FR 76417 (December 22, 2014) (File No.
SR-OCC-2014-22). The Commission did not receive any comments on the
proposed rule change.
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I. Clearing Agency's Statement of the Terms of Substance of the Advance
Notice
This advance notice is filed by OCC in connection with OCC's
proposal to establish procedures regarding the monthly resizing of its
Clearing Fund and the addition of financial resources through intra-day
margin calls and/or an intra-month increase of the Clearing Fund to
ensure that it maintains adequate financial resources in the event of a
default of a Clearing Member or group of affiliated Clearing Members
presenting the largest exposure to OCC.
This Amendment No. 2 to SR-OCC-2014-811 (SR-OCC-2014-811 is
hereinafter defined as the ``Filing'') amends and replaces in its
entirety the Filing as originally submitted on December 1, 2014, and
amended on December 16, 2014. The purpose of this Amendment No. 2 is to
clarify the operation of a Margin Call Event in the period of time
between the calculation of the next month's Clearing Fund Sizing and
the collection of the funds pursuant to the Clearing Fund Sizing.
Specifically, the amendment clarifies that: (i) Funds deposited by a
clearing member pursuant to a Margin Call Event are considered in
aggregate with other funds remaining on deposit with OCC by the same
Clearing Member pursuant to a separate Margin Call Event within the
same monthly period, as applicable; and (ii) funds deposited by a
clearing member pursuant to a Margin Call Event(s) may not be withdrawn
until OCC collects all funds to satisfy the next regular monthly
Clearing Fund resizing. OCC is also proposing amendments that clarify
the definition of ``Financial Resources'' within the Filing. A restated
description of the purpose of the proposed rule change is below. In
addition, conforming changes were made to Exhibit 5B, the Financial
Resources Monitoring and Call Procedure, which is attached hereto.
Further, OCC is proposing to add the Clearing Fund Intra-Month Re-
Sizing Procedure, as Exhibit 5C to the Filing, through this Amendment
No. 2. The Clearing Fund Intra-Month Re-Sizing Procedure would provide
additional clarity regarding the resizing process discussed above.
II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Advance Notice
In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the advance notice and
discussed any comments it received on the advance notice. The text of
these statements may be examined at the places specified in Item IV
below. OCC has prepared summaries, set forth in sections (A) and (B)
below, of the most significant aspects of these statements.
(A) Clearing Agency's Statement on Comments on the Advance Notice
Received From Members, Participants or Others
Written comments on the advance notice were not and are not
intended to be solicited with respect to the advance notice and none
have been received.
(B) Advance Notices Filed Pursuant to Section 806(e) of the Payment,
Clearing and Settlement Supervision Act
The proposed change would establish new procedures regarding the
monthly resizing of the Clearing Fund and the addition of financial
resources through intra-day margin calls and/or an intra-month increase
of the Clearing Fund to ensure that OCC maintains adequate Financial
Resources in the event of a default of a Clearing Member or group of
affiliated Clearing Members presenting the largest exposure to OCC.
Purpose of the Proposed Change
The proposed change is intended to describe the situations in which
OCC would exercise authority under its Rules to ensure that it
maintains adequate Financial Resources \5\ in the event that stress
tests reveal a default of the Clearing Member or Clearing Member Group
\6\ presenting the largest exposure would threaten the then-current
Financial Resources. This proposed change would establish procedures
governing: (i) OCC's resizing of the Clearing Fund on a monthly basis
pursuant to Rule 1001(a) (the ``Monthly Clearing Fund Sizing
Procedure''); and (ii) the addition of Financial Resources through an
intra-day margin call on one or more Clearing Members under Rule 609
and, if necessary, an intra-month increase of the Clearing Fund
pursuant to Rule 1001(a) (the ``Financial Resource Monitoring and Call
Procedure'').\7\ The Monthly Clearing Fund Sizing Procedure would
permit OCC to determine the size of the Clearing Fund by relying on a
broader range of sound risk management practices than those
historically used under Rule 1001(a).\8\ The Financial Resource
Monitoring and Call Procedure would require OCC to collect additional
Financial Resources in certain circumstances, establish how OCC
calculates and collects such resources and provide the timing by which
such resources would be required to be deposited by Clearing Members.
---------------------------------------------------------------------------
\5\ ``Financial Resources'' means, with respect to a projected
loss attributable to a particular Clearing Member or Clearing Member
Group, as defined below, the sum of the margin deposits (less any
excess margin a Clearing Member or Clearing Member Group may have on
deposit at OCC) and deposits in lieu of margin in respect of such
Clearing Members' or Clearing Member Groups' accounts, and the value
of OCC's Clearing Fund, including both the Base Amount, as defined
below, and the prudential margin of safety, as discussed below.
\6\ ``Clearing Member Group'' means a Clearing Member and any
affiliated entities that control, are controlled by or are under
common control with such Clearing Member. See OCC By-Laws, Article
I, sections 1.C.(15) and 1.M(11).
\7\ This advance notice filing has also been filed as a proposed
rule change (SR-OCC-2014-22).
\8\ The procedures described herein would be in effect until the
development of a new standard Clearing Fund sizing methodology.
Following such development, which will include a quantitative
approach to calculating the ``prudential margin of safety,'' as
discussed below, OCC will file a separate rule change and advance
notice with the Commission that will include a description of the
new methodology as well as a revised Monthly Clearing Fund Sizing
Procedure.
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Background
OCC monitors the sufficiency of the Clearing Fund on a daily basis
but, prior to emergency action taken on October 15, 2014,\9\ OCC had no
express authority to increase the size of the Clearing Fund on an
intra-month basis.\10\ During ordinary course daily monitoring on
October 15, 2014, and as a result of increased volatility in the
financial markets in October 2014, OCC determined that the Financial
Resources needed to cover the potential loss associated with a default
of the Clearing Member or Clearing Member Group presenting the largest
exposure could
[[Page 20536]]
have exceeded the Financial Resources then available to apply to such a
default.
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\9\ On October 16, 2014, OCC filed an emergency notice with the
Commission to suspend the effectiveness of the second sentence of
Rule 1001(a). See Securities Exchange Act Release No. 73579
(November 12, 2014), 79 FR 68747 (November 18, 2014) (SR-OCC-2014-
807). On November 13, 2014, OCC filed SR-OCC-2014-21 with the
Commission to delete the second sentence of Rule 1001(a), preserving
the suspended effectiveness of that sentence until such time as the
Commission approves or disapproves SR-OCC-2014-21. See Securities
Exchange Act Release No. 73685 (November 25, 2014), 79 FR 71479
(December 2, 2014), (SR-OCC-2014-21).
\10\ See OCC Rule 1001(a).
---------------------------------------------------------------------------
To permit OCC to increase the size of its Clearing Fund prior to
the next monthly resizing that was scheduled to take place on the first
business day of November 2014, OCC's Executive Chairman, on October 15,
2014, exercised certain emergency powers as set forth in Article IX,
section 14 of OCC's By-Laws \11\ to waive the effectiveness of the
second sentence of Rule 1001(a), which states that OCC will adjust the
size of the Clearing Fund monthly and that any resizing will be based
on data from the preceding month. OCC then filed an emergency notice
with the Commission pursuant to section 806(e)(2) of the Payment,
Clearing and Settlement Supervision Act of 2010 \12\ and increased the
Clearing Fund size for the remainder of October 2014 as otherwise
provided for in the first sentence of Rule 1001(a).\13\
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\11\ OCC also has submitted an advance notice that would provide
greater detail concerning conditions under which OCC would increase
the size of the Clearing Fund intra-month. The change would permit
an intra-month increase in the event that the five-day rolling
average of projected draws are 150% or more of the Clearing Fund's
then current size. See Securities Exchange Act Release No. 72804
(August 11, 2014), 79 FR 48276 (August 15, 2014) (SR-OCC-2014-804).
\12\ 12 U.S.C. 5465(e)(2).
\13\ See supra, note 10.
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Clearing Members were informed of the action taken by the Executive
Chairman \14\ and the amount of their additional Clearing Fund
requirements, which were met without incident. As a result of these
actions, OCC's Clearing Fund for October 2014 was increased by $1.8
billion. In continued reliance on the emergency rule waiver and in
accordance with the first sentence of Rule 1001(a), OCC set the
November 2014 Clearing Fund size at $7.8 billion, which included an
amount determined by OCC to be sufficient to protect OCC against loss
under simulated default scenarios (i.e., $6 billion), plus a prudential
margin of safety (the additional $1.8 billion collected in
October).\15\ All required contributions to the November 2014 Clearing
Fund were met by affected Clearing Members.
---------------------------------------------------------------------------
\14\ See Information Memorandum #35397, dated October 16, 2014,
available on OCC's Web site, https://www.theocc.com/clearing/clearing-infomemos/infomemos1.jsp. Clearing members also were
informed that a prudential margin of safety of $1.8 billion would be
retained until a new Clearing Fund sizing formula has been approved
and implemented.
\15\ See Information Memorandum #35507, dated October 31, 2014,
available on OCC's Web site, https://www.theocc.com/clearing/clearing-infomemos/infomemos1.jsp.
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Under Article IX, section 14(c), absent the submission of a
proposed rule change to the Commission seeking approval of OCC's waiver
of the provisions of the second sentence of Rule 1001(a), such waiver
would not be permitted to continue for more than thirty calendar days
from the date thereof.\16\ Accordingly, on November 13, 2014, OCC
submitted SR-OCC-2014-21 to delete the second sentence of Rule 1001(a)
and, by the terms of Article IX, section 14(c), preserve the suspended
effectiveness of the second sentence of Rule 1001(a) beyond thirty
calendar days.\17\
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\16\ See OCC By-Laws, Article IX, section 14(c).
\17\ See supra, note 10. OCC also submitted this proposed rule
change to the Commodity Futures Trading Commission.
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SR-OCC-2014-21 was submitted in part to permit OCC to determine the
size of its Clearing Fund by relying on a broader range of sound risk
management practices than considered in basing such size on the average
daily calculations under Rule 1001(a) that are performed during the
preceding calendar month. The Monthly Clearing Fund Sizing Procedure,
as described below, is based on such broader risk management practices
and establishes the procedures OCC would use to determine the size of
the Clearing Fund on a monthly basis. Similarly, SR-OCC-2014-21 was
submitted in part to permit OCC to resize the Clearing Fund more
frequently than monthly when the circumstances warrant an increase of
the Clearing Fund. The Financial Resource Monitoring and Call
Procedure, as described below, establishes the procedures that OCC
would use to add Financial Resources through an intra-day margin call
on one or more Clearing Members under Rule 609 and, if necessary, an
intra-month increase of the Clearing Fund pursuant to Rule 1001(a).\18\
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\18\ As noted in SR-OCC-2014-21, OCC would use its intra-month
resizing authority only to increase the size of the Clearing Fund
where appropriate, not to decrease the size of the Clearing Fund.
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Monthly Clearing Fund Sizing Procedure
Under the Monthly Clearing Fund Sizing Procedure, OCC would
continue to calculate the size of the Clearing Fund based on its daily
stress test exposures under simulated default scenarios as described in
the first sentence of Rule 1001(a) and resize the Clearing Fund on the
first business day of each month. However, instead of resizing the
Clearing Fund based on the average of the daily calculations during the
preceding calendar month, as stated in the suspended second sentence of
Rule 1001, OCC would resize the Clearing Fund so that it is the sum of:
(i) An amount equal to the peak five-day rolling average of Clearing
Fund draws observed over the preceding three calendar months of daily
idiosyncratic default and minor systemic default scenario calculations
based on OCC's daily Monte Carlo simulations (``Base Amount'') and (ii)
a prudential margin of safety determined by OCC and currently set at
$1.8 billion.\19\
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\19\ On a daily basis, OCC computes its exposure under the
idiosyncratic and minor systemic events. The greater of these two
exposures is that day's ``peak exposure.'' To calculate the
``rolling five day average'' OCC computes the average of the peak
exposure for each consecutive five-day period observed over the
prior three-month period. To determine the Base Amount, OCC would
use the largest five-day rolling average observed over the past
three-months. This methodology was used to determine the Base Amount
of the Clearing Fund for November 2014 and December 2014.
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OCC believes that the proposed Monthly Clearing Fund Sizing
Procedure provides a sound and prudent approach to ensure that the
Financial Resources are adequate to protect against the largest risk of
loss presented by the default of a Clearing Member or Clearing Member
Group. By virtue of using only the peak five-day rolling average and by
extending the look-back period, the proposed Monthly Clearing Fund
Sizing Procedure is both more responsive to sudden increases in
exposure and less susceptible to recently observed decreases in
exposure that would reduce the overall sizing of the Clearing Fund,
thus mitigating procyclicality.\20\ Furthermore, the prudential margin
of safety provides an additional buffer to absorb potential future
exposures not previously observed during the look-back period. The
proposed Monthly Clearing Fund Sizing Procedure would be supplemented
by the Financial Resource Monitoring and Call Procedure, described
below, to provide further assurance that the Financial Resources are
adequate to protect against such risk of loss.
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\20\ Considering only the peak exposures is a more conservative
methodology that gives greater weighting to sudden increases in
exposure experienced by Clearing Members, thus enhancing the
responsiveness of the procedure to such sudden increases. By using a
longer look-back period, the methodology would respond more slowly
to recently observed decreases in peak exposures.
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Financial Resource Monitoring and Call Procedure
Under the Financial Resource Monitoring and Call Procedure, OCC
would use the same daily idiosyncratic default calculation as under the
Monthly Clearing Fund Sizing Procedure to monitor daily the adequacy of
the Financial Resources to withstand a default by the Clearing Member
or Clearing Member Group presenting the largest exposure under
[[Page 20537]]
extreme but plausible market conditions.\21\ If such a daily
idiosyncratic default calculation projected a draw on the Clearing Fund
(a ``Projected Draw'') that is at least 75% of the Clearing Fund
maintained by OCC, OCC would be required to issue an intra-day margin
call pursuant to Rule 609 against the Clearing Member or Clearing
Member Group that caused such a draw (``Margin Call Event'').\22\
Subject to a limitation described below, the amount of the margin call
would be the difference between the Projected Draw and the Base
Clearing Fund (``Exceedance Above Base Amount''). In the case of a
Clearing Member Group that causes the Exceedance Above Base Amount, the
Exceedance Above Base Amount would be pro-rated among the individual
Clearing Members that compose the Clearing Member Group based on each
individual Clearing Member's proportionate share of the ``total risk''
for such Clearing Member Group as defined in Rule 1001(b), i.e., the
margin requirement with respect to all accounts of the Clearing Member
Group exclusive of the net asset value of the positions in such
accounts aggregated across all such accounts. However, in the case of
an individual Clearing Member or a Clearing Member Group, the margin
call would be subject to a limitation under which it could not exceed
the lower \23\ of: (a) $500 million, or (b) 100% of a Clearing Member's
net capital. Such limitation would be measured in aggregate with any
funds remaining on deposit with OCC deposited by the same Clearing
Member pursuant to a Margin Call Event within the same monthly period,
as applicable, until collection of all funds to satisfy the next
regular monthly Clearing Fund resizing (the ``500/100
Limitation'').\24\
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\21\ Since the minor systemic default scenario contemplates two
Clearing Members' simultaneously defaulting and OCC maintains
Financial Resources sufficient to cover a default by a Clearing
Member or Clearing Member Group representing the greatest exposure
to OCC, OCC does not use the minor systemic default scenario to
determine the adequacy of the Financial Resources under the
Financial Resource Monitoring and Call Procedure.
\22\ Rule 609 authorizes OCC to require the deposit of
additional margin in any account at any time during any business day
by any Clearing Member for, inter alia, the protection of OCC, other
Clearing Members or the general public. Clearing Members must meet a
required deposit of intra-day margin in immediately available funds
at a time prescribed by OCC or within one hour of OCC's issuance of
debit settlement instructions against the bank account(s) of the
applicable Clearing Member(s), thereby ensuring the prompt deposit
of additional Financial Resources.
\23\ ``Capping'' the intra-day margin call avoids placing a
``liquidity squeeze'' on the subject Clearing Member(s) based on
exposures presented by a hypothetical stress test, which would have
the potential for causing a default on the intra-day margin call.
Back testing results determined that such calls would have been made
against Clearing Members that are large, well-capitalized firms,
with more than sufficient resources to satisfy the call for
additional margin with the proposed limitations.
\24\ The Risk Committee would be notified, and could take action
to address potential Financial Resource deficiencies, in the event
that a Projected Draw resulted in a Margin Call Event and as a
result of the 500/100 Limitation the margin call was less than the
Exceedance Above Base Amount, but the Projected Draw was not so
large as to result in an increase in the Clearing Fund as discussed
below.
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Upon satisfaction of the margin call, OCC would use its authority
under Rule 608 to preclude the withdrawal of such additional margin
amount until it collects all of the funds determined by the next
Monthly Clearing Fund Sizing Procedure. Based on three years of back
testing data, OCC determined that it would have had Margin Call Events
in 10 of the months during this time period. For each of these months,
the maximum call amount would have been equal to $500 million, with one
exception in which the maximum call amount for the month was $7.7
million.\25\ After giving effect to the intra-day margin calls, i.e.,
by increasing the Financial Resources by $500 million, there was only
one Margin Call Event where there was an observed stress test
exceedance of the Financial Resources.
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\25\ The back testing analysis performed assumed a single
Clearing Member caused the exceedance.
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To address this one observed instance, the Financial Resource
Monitoring and Call Procedure also would require OCC to increase the
size of the Clearing Fund (``Clearing Fund Intra-month Increase
Event'') if a Projected Draw exceeds 90% of the Clearing Fund, after
applying any funds then on deposit with OCC from the applicable
Clearing Member or Clearing Member Group pursuant to a Margin Call
Event. The amount of such increase (``Clearing Fund Increase'') would
be the greater of: (a) $1 billion; or (b) 125% of the difference
between (i) the Projected Draw, as reduced by the deposits resulting
from the Margin Call Event and (ii) the Clearing Fund. Each Clearing
Member's proportionate share of the Clearing Fund Increase would equal
its proportionate share of the variable portion of the Clearing Fund
for the month in question as calculated pursuant to Rule 1001(b). OCC
would notify the Risk Committee of the Board of Directors (the ``Risk
Committee''), Clearing Members and appropriate regulatory authorities
of the Clearing Fund Increase on the business day on which the Clearing
Fund Intra-month Increase Event occurred. This ensures that OCC
management maintains authority to address any potential Financial
Resource deficiencies when compared to its Projected Draw estimates.
The Risk Committee would then determine whether the Clearing Fund
Increase was sufficient, and would retain authority to increase the
Clearing Fund Increase or the margin call made pursuant to a Margin
Call Event in its discretion. Clearing Members would be required to
meet the call for additional Clearing Fund assets by 9:00 a.m. CT on
the second business day following the Clearing Fund Intra-Month
Increase Event. OCC believes that this collection process ensures
additional Clearing Fund assets are promptly deposited by Clearing
Members following notice of a Clearing Fund Increase, while also
providing Clearing Members with a reasonable period of time to source
such assets. Based on OCC's back testing results, after giving effect
to the intra-day margin call in response to a Margin Call Event plus
the prudential margin of safety, the Financial Resources would have
been sufficient upon implementing the one instance of a Clearing Fund
Intra-month Increase Event.
OCC believes the Financial Resource Monitoring and Call Procedure
strikes a prudent balance between mutualizing the burden of requiring
additional Financial Resources and requiring the Clearing Member or
Clearing Member Group causing the increased exposure to bear such
burden. As noted above, in the event of a Margin Call Event, OCC limits
the margin call until collection of all funds to satisfy the next
regular monthly resizing to an aggregate of $500 million, or 100% of a
Clearing Member's net capital in order to avoid putting an undue
liquidity strain on any one Clearing Member. However, where a Projected
Draw exceeds 90% of OCC's Clearing Fund, OCC must act to ensure that it
has sufficient Financial Resources, and determined that it should
mutualize the burden of the additional Financial Resources at this
threshold through a Clearing Fund Increase. OCC believes that this
balance would provide OCC with sufficient Financial Resources without
increasing the likelihood that its procedures would, based solely on
stress testing results, cause a liquidity strain on any on Clearing
Member that could result in such member's default.
The following examples illustrate the manner in which the Financial
Resource Monitoring and Call Procedure would be applied. All assume
that the Clearing Fund size is $7.8 billion, $6 billion of which is the
Base Amount and $1.8 billion of which is the prudential margin of
safety. The 75% threshold in these examples is $5.85 billion.
[[Page 20538]]
Example 1: Single CM
Under OCC's stress testing the Projected Draw attributable to
Clearing Member ABC, a Clearing Member with no affiliated Clearing
Members and net capital of $500 million, is $6.4 billion, or 82% of the
Clearing Fund. OCC would make a margin call for $400 million, which
represents the Exceedance Above Base Amount. In this case the 500/100
Limitation would not be applicable because the Exceedance Above Base
Amount is less than $500 million and 100% of the Clearing Member's net
capital. The Clearing Member would be required to meet the $400 million
call within one hour unless OCC prescribed a different time, and OCC
would retain the $400 million until collection of all the funds to
satisfy the next monthly Clearing Fund sizing calculation.
If, on a different day within the same month, CM ABC's Projected
Draw minus the $400 million already deposited with OCC results in an
Exceedance above Base Amount, another Margin Call Event would be
triggered, with the amount currently deposited with OCC applying toward
the 500/100 Limitation.
Example 2: Clearing Member Group
Under OCC's stress testing the Projected Draw attributable to
Clearing Member Group DEF, comprised of two Clearing Members each with
net capital of $800 million, is $6.2 billion, or 79% of OCC's Clearing
Fund. OCC would initiate a margin call on Clearing Member Group DEF for
$200 million. The call would be allocated to the two Clearing Members
that compose the Clearing Member Group based on each Clearing Member's
risk margin allocation. In this case the 500/100 Limitation would not
be applicable because the Exceedance Above Base Amount is less than
$500 million and 100% of net capital. The margin call would be required
to be met within one hour of the call unless OCC prescribed a different
time. For example, in the case where one Clearing Member accounts for
75% of the risk margin for the Clearing Member Group, that Clearing
Member would be allocated $150 million of the call and the other
Clearing Member, accounting for 25% of the risk margin for the Clearing
Member Group, would be allocated $50 million of the call. The funds
would remain deposited with OCC until collection of all the funds to
satisfy the next monthly Clearing Fund sizing calculation.
Example 3: Clearing Member Group With $500 Million Cap
Under OCC's stress testing the Projected Draw attributable to
Clearing Member Group GHI, comprised of two Clearing Members each with
net capital of $800 million, is $6.8 billion, or 87% of the Clearing
Fund. The Exceedance Above Base Amount would be $800 million, allocated
to the two Clearing Members that compose the Clearing Member Group
based on each Clearing Member's risk margin allocation. Using the 75/25
risk margin allocation from Example 2, one Clearing Member would be
allocated $600 million and the other Clearing Member would be allocated
$200 million. The first Clearing Member would be required to deposit
$500 million with OCC, which is the lowest of $500 million, that
member's net capital, or that member's share of the Exceedance Above
Base Amount, and the other Clearing Member would be required to deposit
$200 million with OCC. After collecting the additional margin, OCC
would determine whether the Projected Draw would exceed 90% of the
Clearing Fund after reducing the Projected Draw by the additional
margin. This calculation would divide a Projected Draw of $6.1 billion,
which is the original Projected Draw of $6.8 billion reduced by the
additional margin, by the Clearing Fund of $7.8 billion. The resulting
percentage of 78% would be below the 90% threshold, and accordingly
there would not be a Clearing Fund Intra-month Increase Event.
Example 4: Margin Call and Increase in Size of Clearing Fund
Under OCC's stress testing the Projected Draw attributable to
Clearing Member JKL, a Clearing Member with no affiliated Clearing
Members and net capital of $600 million, is $10.0 billion, or 128% of
the Clearing Fund. OCC would make a margin call for $500 million, which
represents the lowest of the Exceedance Above Base Amount, $500 million
and 100% of net capital. The Clearing Member would be required to meet
the $500 million call within one hour unless OCC prescribed a different
time, and OCC would retain the $500 million until collection of all the
funds to satisfy the next monthly Clearing Fund sizing calculation.
After collecting the additional margin, OCC would determine whether the
Projected Draw would exceed 90% of the Clearing Fund after reducing the
Projected Draw by the additional margin. This calculation would divide
a Projected Draw of $9.5 billion, which is the original Projected Draw
of $10 billion reduced by the additional margin, by the Clearing Fund
of $7.8 billion. The resulting percentage of 122%, while lower, would
still exceed the 90% threshold, and accordingly OCC would declare a
Clearing Fund Intra-month Increase Event. To calculate the Clearing
Fund Increase, OCC would first determine the difference between the
modified Projected Draw ($9.5 billion) and the Clearing Fund ($7.8
billion), which in this case would be $1.7 billion, OCC would then
multiply this by 1.25, resulting in $2.125 billion. Because this amount
is greater than $1 billion, the Clearing Fund Increase would be $2.125
billion and a modified Clearing Fund of OCC totaling $9.925 billion
($425 million in excess of the modified Projected Draw of $9.5
billion).
Consistency With the Payment, Clearing and Settlement Supervision Act
OCC believes that the proposed change regarding the establishment
of the Monthly Clearing Fund Sizing Procedure and Financial Resource
Monitoring and Call Procedure described above is consistent with
section 805(b)(1) of the Payment, Clearing and Settlement Supervision
Act \26\ because the proposed procedures will promote robust risk
management by setting forth a process in order to ensure that OCC
maintains adequate Financial Resources in the event of a default of a
Clearing Member or Clearing Member Group presenting the largest
exposure to OCC. The proposed change regarding the establishment of
these procedures is also consistent with section 806(e)(2) of the
Payment, Clearing and Settlement Supervision Act, upon which OCC relied
in originally suspending the effectiveness of the second sentence of
Rule 1001(a) and increasing the size of the Clearing Fund on October
15, 2014, because it allows OCC to continue to provide its services in
a safe and sound manner.\27\
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\26\ 12 U.S.C. 5464(b)(1).
\27\ 12 U.S.C. 5464(e)(2); see SR-OCC-2014-807, supra, note 8.
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Anticipated Effect on and Management of Risk
OCC believes that the proposed change will reduce OCC's overall
level of risk because the proposed change makes it less likely that
OCC's Clearing Fund would be insufficient should OCC need to use its
Clearing Fund to manage a Clearing Member or Clearing Member Group
default. The Monthly Clearing Fund Sizing Procedure would permit OCC to
determine the size of its Clearing Fund by relying on a broader range
of sound risk management practices than
[[Page 20539]]
those considered in the suspended second sentence of Rule 1001(a). OCC
believes that using the peak five-day rolling average of Clearing Fund
draws observed over a three-month period will result in a monthly
resizing of the Clearing Fund that will better reflect the risks posed
by sudden increases in exposure experienced by Clearing Members. OCC
also believes that the proposed prudential margin of safety will
provide an additional buffer to protect against exposures not reflected
in the three-month look-back period. The Financial Resource Monitoring
and Call Procedure would enable OCC to minimize losses in the event of
a default of a Clearing Member or Clearing Member Group presenting the
largest exposure to OCC, by allowing it the flexibility to obtain
additional Financial Resources either through an intra-day margin call
or an intra-month increase in the size of the Clearing Fund, which
would ensure that the clearance and settlement of transactions in
options and other contracts occurs without interruption. Accordingly,
OCC believes that the proposed changes would reduce risks to OCC and
its participants. Moreover, and for the same reasons, the proposed
change will facilitate OCC's ability to manage risk.
III. Date of Effectiveness of the Advance Notice and Timing for
Commission Action
The advance notice may be implemented if the Commission does not
object to the advance notice within 60 days of the later of (i) the
date that the advance notice was filed with the Commission or (ii) the
date that any additional information requested by the Commission is
received. OCC shall not implement the advance notice if the Commission
has any objection to the advance notice.
The Commission may extend the period for review by an additional 60
days if the advance notice raises novel or complex issues, subject to
the Commission providing OCC with prompt written notice of the
extension. An advance notice may be implemented in less than 60 days
from the date the advance notice is filed, or the date further
information requested by the Commission is received, if the Commission
notifies OCC in writing that it does not object to the advance notice
and authorizes OCC to implement the advance notice on an earlier date,
subject to any conditions imposed by the Commission.
The clearing agency shall post notice on its Web site of proposed
changes that are implemented.
The proposal shall not take effect until all regulatory actions
required with respect to the proposal are completed.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing. 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 Number SR-OCC-2014-811 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-OCC-2014-811. 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 advance notice that are filed
with the Commission, and all written communications relating to the
advance notice 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 the filing also will be available for inspection
and copying at the principal office of OCC and on OCC's Web site at
https://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_14_811.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-OCC-
2014-811 and should be submitted on or before May 7, 2015.
By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2015-08712 Filed 4-15-15; 8:45 am]
BILLING CODE 8011-01-P