Self-Regulatory Organizations; The Depository Trust Company; Order Approving Proposed Rule Change To Establish a Link With Euroclear, 48482-48485 [2016-17445]
Download as PDF
48482
Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
[FR Doc. 2016–17444 Filed 7–22–16; 8:45 am]
IV. Solicitation of Comments
BILLING CODE 8011–01–P
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 Number SR–
NYSEArca–2016–94 on the subject line.
Paper Comments
mstockstill on DSK3G9T082PROD with NOTICES
• 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–NYSEArca–2016–94. 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
office of the Exchange. 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–2016–94, and should be
submitted on or before August 15, 2016.
VerDate Sep<11>2014
20:12 Jul 22, 2016
Jkt 238001
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Robert W. Errett,
Deputy Secretary.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78358; File No. SR–DTC–
2016–004]
Self-Regulatory Organizations; The
Depository Trust Company; Order
Approving Proposed Rule Change To
Establish a Link With Euroclear
July 19, 2016.
On June 3, 2016, The Depository Trust
Company (‘‘DTC’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) proposed rule change
SR–DTC–2016–004 pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’),1 and Rule 19b–4
thereunder,2 to establish a link (‘‘EB
Link’’) between DTC and Euroclear
Bank SA/NV (‘‘EB’’). The proposed rule
change was published for comment in
the Federal Register on June 16, 2016.3
The Commission did not receive any
comment letters on the proposed rule
change. For the reasons discussed
below, the Commission is granting
approval of the proposed rule change.
I. Description of the Proposed Rule
Change
The following is a description of the
proposed rule change, as provided
primarily by DTC:
The proposed rule change consists of
amendments to the Rules, By-Laws and
Organization Certificate of The
Depository Trust Company (the
‘‘Rules’’) 4 in order to add new Rule 34
(EB Link) to establish EB Link between
DTC and EB for DTC Participants that
are also EB participants (‘‘CP
Participants’’) to use Securities held at
DTC for EB Collateral Transactions (as
defined below). The proposed Rule 34
specifies the Accounts, Free Deliveries,
and the terms and conditions that
together comprise collateral positioning
(‘‘Collateral Positioning’’ or ‘‘CP’’) for
CP Participants. The proposed rule
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 78031
(June 10, 2016), 81 FR 39303 (June 16, 2016) (SR–
DTC–2016–004).
4 Each capitalized term not otherwise defined
herein has its respective meaning as set forth in the
Rules, available at https://www.dtcc.com/legal/rules
-and-procedures.aspx.
PO 00000
15 17
1 15
Frm 00108
Fmt 4703
Sfmt 4703
change will: (i) Allow CP Participants to
designate a sub-account for Collateral
Positioning (a ‘‘CP Sub-Account’’) of
Securities selected by the CP Participant
(the ‘‘CP Securities’’) to Deliver to EB;
and (ii) establish the Securities Account
of EB (the ‘‘EB Account’’) on the books
of DTC to receive and hold such CP
Securities. DTC understands that EB
will then credit such CP Securities to an
account it maintains on its books for
such CP Participant for use in transfers
on the books of EB (‘‘EB Collateral
Transactions’’) in connection with EB’s
collateral management services (‘‘EB
CMS’’), as described below.5
(i) Background
(a) New Regulations Require Better
Access to and Management of Securities
Collateral
New and enhanced regulatory
requirements are leading derivative and
financing counterparties to seek
increased efficiency in the availability
and deployment of collateral and
streamlined margin processing. More
specifically, the phase-in period of the
Basel III liquidity rules,6 as well as
recent regulatory changes by the
Commodity Futures Trading
Commission,7 the U.S. prudential
regulators,8 European Market
Infrastructure Regulation,9 and the Basel
5 On May 9, 2016, EB filed an application with
the Commission on Form CA–1, seeking to amend
its existing exemption from clearing agency
registration by expanding its existing exemption to
authorize EB to offer EB CMS to its U.S.
participants for U.S. equities (the ‘‘EB CA–1
Amendment’’). DTC understands that the EB CA–
1 Amendment is necessary for EB to offer EB CMS,
and consequently, the DTCC Euroclear Global
Collateral Ltd. (‘‘DEGCL’’) Inventory Management
Service (‘‘DEGCL IMS’’), to U.S. participants for
U.S. equities. Commission approval of this
proposed rule change to add new Rule 34 (EB Link)
will have no effect on the authority of EB pursuant
to the EB CA–1 Amendment. In addition, this
proposed rule change provides that it will not be
implemented until the EB CA–1 Amendment is
approved by the Commission.
6 Basel Committee on Banking Supervision, Basel
III: A global framework for more resilient banks and
the banking system, December 2010 and revised
June 2011; Basel Committee on Banking
Supervision, Basel III: The Liquidity Coverage Ratio
and liquidity risk monitoring tools, January 2013;
Basel Committee on Banking Supervision, Basel III:
The net stable funding ratio, October 2014,
available at www.bis.org/bcbs/basel3.htm.
7 Margin Requirements for Uncleared Swaps for
Swap Dealers and Major Swap Participants, 81 FR
635 (January 6, 2016); 17 CFR parts 23 and 140.
8 Margin and Capital Requirements for Covered
Swap Entities, 80 FR 74840 (November 30, 2015);
12 CFR parts 45, 237, 349, 624 and 1221. The U.S.
prudential regulators include: Office of the
Comptroller of the Currency—Treasury, Board of
Governors of the Federal Reserve System, Federal
Deposit Insurance Corporation, Farm Credit
Administration, and the Federal Housing Finance
Agency.
9 European Supervisory Authorities’ (ESAs) Final
Draft Regulatory Technical Standards on risk-
E:\FR\FM\25JYN1.SGM
25JYN1
Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices
Committee on Banking Supervision
(‘‘BCBS’’) and the International
Organization of Securities Commissions
(‘‘IOSCO’’),10 have resulted in increased
capital requirements, mandatory central
clearing of more derivatives
transactions, and new margining rules
for bilateral trades, driving a significant
increased demand for high quality
collateral.
These regulatory changes further
include requirements for initial margin
for counterparties as well as a reduction
or removal of thresholds for variation
margin.11 It is expected that the
inclusion of initial margin will
significantly increase the amount of
collateral required and will create
additional margin calls by affected
counterparties. In addition, it is
expected that the removal or reduction
of thresholds for variation margin will
mean any changes in underlying
valuations may trigger increased margin
calls requiring market participants to
hold additional collateral available for
posting. Also, these regulatory changes
include new restrictions on eligible
collateral, requiring the use of highly
liquid assets, prescribed haircuts,
segregation requirements, as well as a
prohibition on rehypothecation for
initial margin. Given these forthcoming
requirements, counterparties will need
to access and deploy collateral more
effectively.
mstockstill on DSK3G9T082PROD with NOTICES
(b) Proposed Rule Change Will Support
DEGCL IMS
DEGCL is a United Kingdom (‘‘UK’’)
joint venture of DTCC and Euroclear
S.A./N.V. (‘‘Euroclear’’), authorized by
the Financial Conduct Authority
(‘‘FCA’’) in the UK as a ‘‘service
company’’ 12 in accordance with
mitigation techniques for OTC-derivative contracts
not cleared by a CCP under Article 11(15) of
Regulation (EU) No 648/2012 (EMIR), available at
https://www.eba.europa.eu/documents/10180/
1398349/RTS+on+Risk+Mitigation+Techniques+for
+OTC+contracts+%28JC-2016-+18%29.pdf/
fb0b3387-3366-4c56-9e25-74b2a4997e1d.
10 BCBS–IOSCO, Margin requirements for noncentrally cleared derivatives (March 2015),
available at https://www.bis.org/bcbs/publ/
d317.htm.
11 Initial margin means money, securities, or
property posted by a party to a swap as performance
bond to cover potential future exposures arising
from changes in the market value of the position.
Variation margin means a payment made by or
collateral posted by a party to a swap to cover the
current exposure arising from changes in the market
value of the position since the trade was executed
or the previous time the position was marked to
market. See 17 CFR 23.700.
12 DEGCL was authorized as a ‘‘service company’’
by the FCA on March 29, 2016. A ‘‘service
company,’’ as defined in the FCA Handbook,
Glossary, is: ‘‘[A] firm whose only permitted
activities are making arrangements with a view to
transactions in investments, and agreeing to carry
on that regulated activity, and whose Part 4A
VerDate Sep<11>2014
18:27 Jul 22, 2016
Jkt 238001
applicable law of the UK. DEGCL was
formed for the purpose of offering global
information, record keeping, and
processing services for derivatives
collateral transactions and other types of
financing transactions. DEGCL seeks to
provide services to its users, including
buy-side and sell-side financial
institutions, in meeting their risk
management and regulatory
requirements for the holding and
exchange of collateral, as required by
these new regulatory requirements.
In particular, DEGCL IMS will address
the increased demand for cross-border
availability of securities collateral, some
of which may be held at DTC. The
purpose of DEGCL IMS is to offer to its
users a more global view of their
collateral assets and support crossborder mobility and to integrate
information and record keeping for
collateral use of Securities held at DTC
and EB.
DEGCL IMS will be operated by EB
and other entities in the Euroclear
group, as the service provider to DEGCL,
in accordance with appropriate
agreements among these parties and in
compliance with applicable regulatory
requirements. There is no direct
relationship between DTC and DEGCL
IMS. DEGCL IMS will be offered to any
financial institution that is both a DTC
Participant and a participant of EB that
has elected to use EB CMS (‘‘EB
Collateral Participant’’).
(ii) EB Link and Collateral Positioning
Will Offer Global Collateral Mobility for
Securities Held at DTC by CP
Participants
The proposed rule change will
establish the EB Link between DTC and
EB through which a CP Participant
could Deliver Securities from its
Account to its CP Sub-Account and,
from there, to the EB Account at DTC.
The object is for EB to then credit the
Securities to an account of the CP
Participant on the books of EB for use
in EB CMS.
permission: (a) Incorporates a limitation
substantially to the effect that the firm carry on
regulated activities only with market counterparties
or intermediate customers; and (b) includes
requirements substantially to the effect that the firm
must not: (i) Guarantee, or otherwise accept
responsibility for, the performance, by a participant
in arrangements made by the firm in carrying on
regulated activities, of obligations undertaken by
that participant in connection with those
arrangements; or (ii) approve any financial
promotion on behalf of any other person or any
specified class of persons; or (iii) in carrying on its
regulated activities, provide services otherwise than
in accordance with documents (of a kind specified
in the requirement) provided by the firm to the
FCA.’’ FCA Handbook, Glossary, available at
https://www.handbook.fca.org.uk/handbook/
glossary.
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
48483
For purposes of the EB Link, EB has
become a Participant of DTC,13 in order
to establish the EB Account to which CP
Securities will be credited. Accordingly,
EB will act in two capacities: (i) On its
own behalf as a Participant of DTC, to
maintain the EB Account in which CP
Securities may be held, so that EB may
effect book entry transfers of those
Securities on its own books and records;
and (ii) on behalf of each CP Participant
as the representative (the ‘‘CP
Representative’’) of such CP Participant,
to provide instructions to DTC on the
CP Participant’s behalf for the Delivery
of CP Securities from the CP SubAccount, and to receive certain
information (x) once each Business Day,
identifying the CP Securities that are
credited to the CP Sub-Account at the
time of the report (the ‘‘CP Securities
Report’’), and (y) that specified CP
Securities have been Delivered into or
out of the CP Sub-Account, and/or that
an instruction has been given to DTC to
Deliver specified CP Securities out of
the CP Sub-Account, as applicable (the
‘‘Delivery Information’’).
The CP Participant will authorize EB
as its CP Representative, to provide
instructions on its behalf, and to receive
the CP Securities Report and Delivery
Information. Both the CP Securities
Report and Delivery Information will
include, with respect to the CP
Securities specified therein, the
following information: (i) The CUSIP,
ISIN, or other identification number of
the CP Securities; and (ii) the number of
shares or other units or principal
amount of the CP Securities.
The CP Participant will instruct DTC
to Deliver the CP Securities from the CP
Participant’s Account to its CP SubAccount. After the CP Securities have
been credited to the CP Sub-Account,
EB, as CP Representative, may instruct
DTC to make a Free Delivery of the
appropriate CP Securities from the CP
Sub-Account to the EB Account.14 All
Deliveries from the CP Participant’s
Account to its CP Sub-Account and
from the CP Sub-Account to the EB
13 EB was accepted as a Participant on February
18, 2016. Upon approval of EB as a Participant, EB,
like any other Participant, signed a Participant’s
Agreement pursuant to which it agreed, inter alia,
that the DTC Rules shall be a part of the terms and
conditions of every contract or transaction that EB
may make or have with DTC, including the
Regulation Systems Compliance and Integrity
testing requirements set forth in DTC Rule 2
(Participants and Pledgees).
14 EB will determine the eligibility of CP
Securities for DEGCL IMS on the basis of the
eligibility profile provided to DEGCL by its user
counterparties, and subject to EB’s securities
eligibility rules.
E:\FR\FM\25JYN1.SGM
25JYN1
48484
Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices
Account will be Free Deliveries, subject
to DTC risk management controls.15
After CP Securities have been credited
to the EB Account, it will then be EB’s
responsibility to credit them to an
account at EB maintained for the CP
Participant, as an EB Collateral
Participant. The originating CP
Participant, as an EB Collateral
Participant, may then choose to hold the
CP Securities in an account at EB,
pending use in any EB Collateral
Transaction, or transfer the CP
Securities on the books of EB to one or
more other EB Collateral Participants in
connection with EB Collateral
Transactions.
EB may instruct DTC to Deliver CP
Securities from the EB Account to the
CP Sub-Account from which such CP
Securities originated. This may occur if:
(i) The CP Participant as a DEGCL IMS
user changes its DEGCL IMS inventory
profile in a way that renders the CP
Securities credited to the EB Account no
longer eligible for DEGCL IMS; (ii) the
CP Participant submits a Delivery
instruction for such CP Securities; 16 or
(iii) the CP Securities are subject to a
corporate action or tax event.17
EB may also instruct DTC to Deliver
CP Securities from the EB Account to
the Securities Account of a Participant
that EB has designated as its global
custodian (‘‘EB Global Custodian’’).18
mstockstill on DSK3G9T082PROD with NOTICES
15 DTC
risk management controls, including
Collateral Monitor and Net Debit Cap (as defined in
Rule 1, Section 1 of the DTC Rules, supra note 4),
are designed so that DTC may complete systemwide settlement notwithstanding the failure to
settle of its largest Participant or affiliated family of
Participants. The Collateral Monitor tests whether
a Receiver has adequate collateral to secure the
amount of its net debit balance. The Net Debit Cap
limits the Net Debit Balance of a Participant so that
it cannot exceed DTC liquidity resources for
settlement. Pursuant to these controls under
applicable DTC Rules and Procedures, any Delivery
instruction order to a CP Sub-Account that will
cause the CP Participant to exceed its Net Debit Cap
(which a Free Delivery should not) or to have
insufficient DTC collateral to secure its obligations
to DTC (which is possible), will not be processed
by DTC. CP Deliveries will be processed in the same
order and with the same priority as otherwise
provided in the DTC Rules and Procedures (i.e.,
such Deliveries will not take precedence over any
other type of Delivery in the DTC system).
16 If at any time a CP Participant has a pending
instruction for Delivery of Securities that had been
Delivered from its CP Sub-Account to the EB
Account, DTC understands that EB will instruct
DTC to Deliver those Securities from the EB
Account back to the CP Sub-Account from which
they originated.
17 If EB does not Deliver the CP Securities back
to the CP Sub-Account of the CP Participant prior
to the applicable record date for a corporate action,
the corporate action will be processed by DTC in
the ordinary course to EB as the Participant holding
the Securities on the Record Date.
18 EB has not been a direct DTC Participant or had
a Securities Account at DTC prior to this proposed
EB Link; EB has held Eligible Securities only as an
indirect participant through a bank that it
VerDate Sep<11>2014
18:27 Jul 22, 2016
Jkt 238001
The CP Securities held in the EB
Account are held there exclusively for
EB Collateral Transactions, so this
proposed rule change will require EB to
Deliver CP Securities from the EB
Account to the Securities Account of the
EB Global Custodian in connection with
any liquidation of those CP Securities.
(iii) Proposed Rule Change
The proposed rule change will add
Rule 34 to the DTC Rules, to provide for:
1. The establishment and
maintenance of a CP Sub-Account for
each CP Participant;
2. The establishment and
maintenance of the EB Account for the
purpose of Collateral Positioning
Deliveries;
3. Free Deliveries of CP Securities by
a CP Participant from an Account of the
CP Participant to its CP Sub-Account,
and back to (A) the originating Account
of the CP Participant; (B) another NonCP Account of the CP Participant; or (C)
the Account of another Participant;
4. Free Deliveries of CP Securities as
instructed by EB, as CP Representative
of the CP Participant, from the CP SubAccount of the CP Participant to the EB
Account;
5. Free Deliveries of CP Securities as
instructed by EB from the EB Account
to (A) the CP Sub-Account from which
such CP Securities originated, or (B) the
Account of the EB Global Custodian;
6. Information to be provided by DTC
to EB, as CP Representative of the CP
Participant, specifically, the CP
Securities Report and the Delivery
Information;
7. The requirement that Deliveries
provided in the proposed rule change
must be Free Deliveries, and shall be
subject to the terms and provisions of
the DTC Rules and the Procedures
applicable to the Deliveries of
Securities, including DTC risk
management controls; and
8. DTC’s disclaimer of liability to: (A)
Any CP Participant as a result of acting
on instructions from EB or providing EB
the Delivery Information or the CP
Securities Report pursuant to Rule 34;
(B) EB as a result of acting on
instructions from a CP Participant
pursuant to Rule 34; (C) EB or any CP
Participant as a result of any loss
relating to Rule 34, unless caused
directly by DTC’s gross negligence,
willful misconduct, or violation of
Federal securities laws for which there
characterizes as its ‘‘global custodian’’ and that is
a DTC Participant. The EB Link is proposed to be
established for, and expressly limited to, Collateral
Positioning in connection with EB Collateral
Transactions. EB may continue to use the EB Global
Custodian for other EB transactions and to hold
non-CP Securities indirectly at DTC.
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
is a private rights of action; and (D) to
any third party for any reason, including
without limitation, DEGCL.
(iv) Implementation Timeframe
This proposed rule change will be
implemented on the later of: (i) The date
of Commission approval of this filing;
and (ii) the date of a Commission order
approving the EB CA–1 Amendment,
authorizing EB to offer EB CMS to U.S.
EB Collateral Participants for U.S.
equities. Participants will be advised of
the implementation date through the
issuance of a DTC Important Notice.
II. Discussion and Commission
Findings
Section 19(b)(2)(C) of the Act 19
directs the Commission to approve a
proposed rule change of a selfregulatory organization if it finds that
such proposed rule change is consistent
with the requirements of the Act and
rules and regulations thereunder
applicable to such organization. The
Commission believes that the proposal
is consistent with Section 17A(b)(3)(F)
of the Act 20 and Rule 17Ad–22(d)(7)
thereunder,21 as described in detail
below.
(i) Consistency With Section
17A(b)(3)(F)
Section 17A(b)(3)(F) of the Act 22
requires, among other things, that the
rules of the clearing agency be designed
to promote the prompt and accurate
clearance and settlement of securities
transactions, and to assure the
safeguarding of securities and funds
which are in the custody or control of
the clearing agency or for which it is
responsible. The Commission
understands that EB is currently an
indirect Participant holding DTC
Eligible Securities through one or more
other financial institutions that are
direct Participants. With this proposal,
a direct link will be established between
DTC and EB (i.e., the EB Link), through
which Participants can more directly
deploy their securities collateral for EB
Collateral Transactions. As such,
transactions will be processed with EB
more efficiently by eliminating a step in
processing such transactions, thus
promoting prompt and accurate
transactions and the safeguarding of
securities and funds in the custody or
control of DTC, consistent with the
requirements of the Act, in particular
Section 17A(b)(3)(F), cited above.
19 15
U.S.C. 78s(b)(2)(C).
U.S.C. 78q–1(b)(3)(F).
21 17 CFR 240.17Ad–22(d)(7).
22 15 U.S.C. 78q–1(b)(3)(F).
20 15
E:\FR\FM\25JYN1.SGM
25JYN1
Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices
(ii) Consistency With Rule 17Ad–
22(d)(7)
SECURITIES AND EXCHANGE
COMMISSION
Rule 17Ad–22(d)(7) under the Act 23
requires a clearing agency, such as DTC,
to establish, implement, maintain and
enforce written policies and procedures
reasonably designed to evaluate the
potential sources of risks that can arise
when the clearing agency establishes
links either cross-border or domestically
to clear or settle trades, and ensure that
the risks are managed prudently on an
ongoing basis.24 In developing the
proposed EB Link, DTC stated that it
evaluated the risks that could arise by
establishing a link with EB, a foreign
central securities depository. DTC stated
that it determined that all Deliveries
between CP Sub-Accounts and the EB
Account will be subject to DTC risk
management controls and will be
limited to Free Deliveries. Therefore,
there should be minimum risk, in
particular, no funds settlement risk,
associated with EB Link.
III. Conclusion
On the basis of the foregoing, the
Commission finds that the proposal is
consistent with the requirements of the
Act and in particular with the
requirements of Section 17A of the
Act 25 and the rules and regulations
thereunder.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act, that
proposed rule change SR–DTC–2016–
004 be, and hereby is, approved.26
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.27
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–17445 Filed 7–22–16; 8:45 am]
mstockstill on DSK3G9T082PROD with NOTICES
BILLING CODE 8011–01–P
CFR 240.17Ad–22(d)(7).
CFR 240.17Ad–22(d)(7).
25 15 U.S.C. 78q–1.
26 In approving the proposed rule change, the
Commission considered the proposal’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
27 17 CFR 200.30–3(a)(12).
24 17
18:27 Jul 22, 2016
Self-Regulatory Organizations;
NASDAQ BX, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Make Adjustments to
Its Options Regulatory Fee
July 19, 2016.
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 July 6,
2016, NASDAQ BX, Inc. (‘‘BX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III, below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to make
adjustments to its Options Regulatory
Fee (‘‘ORF’’) by amending BX Rules at
Chapter XV, Section 5.
While the changes proposed herein
are effective upon filing, the Exchange
has designated the amendments become
operative on August 1, 2016.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaqbx.cchwallstreet.com/,
at the principal office of the Exchange,
and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
23 17
VerDate Sep<11>2014
[Release No. 34–78361; File No. SR–BX–
2016–043]
Jkt 238001
In its filing with the Commission, the
Exchange 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. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
PO 00000
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00111
Fmt 4703
Sfmt 4703
48485
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to increase
the ORF from $0.0003 to $0.0004 as of
August 1, 2016 to account for a
reduction in market volume the
Exchange has experienced. The
Exchange’s change to the ORF should
balance the Exchange’s regulatory
revenue against the anticipated revenue
[sic].
Background
The ORF is assessed to each member
for all options transactions executed or
cleared by the member that are cleared
at The Options Clearing Corporation
(‘‘OCC’’) in the Customer range (i.e., that
clear in the Customer account of the
member’s clearing firm at OCC). The
Exchange monitors the amount of
revenue collected from the ORF to
ensure that it, in combination with other
regulatory fees and fines, does not
exceed regulatory costs. The ORF is
imposed upon all transactions executed
by a member, even if such transactions
do not take place on the Exchange.3 The
ORF also includes options transactions
that are not executed by an Exchange
member but are ultimately cleared by an
Exchange member.4 The ORF is not
charged for member proprietary options
transactions because members incur the
costs of owning memberships and
through their memberships are charged
transaction fees, dues and other fees that
are not applicable to non-members. The
dues and fees paid by members go into
the general funds of the Exchange, a
portion of which is used to help pay the
costs of regulation. The ORF is collected
indirectly from members through their
clearing firms by OCC on behalf of the
Exchange.
3 The ORF applies to all ‘‘C’’ account origin code
orders executed by a members on the Exchange.
Exchange Rules require each member to record the
appropriate account origin code on all orders at the
time of entry in order to allow the Exchange to
properly prioritize and route orders and assess
transaction fees pursuant to the Rules of the
Exchange and report resulting transactions to OCC.
The Exchange represents that it has surveillances in
place to verify that members mark orders with the
correct account origin code.
4 In the case where one member both executes a
transaction and clears the transaction, the ORF is
assessed to the member only once on the execution.
In the case where one member executes a
transaction and a different member clears the
transaction, the ORF is assessed only to the member
who executes the transaction and is not assessed to
the member who clears the transaction. In the case
where a non-member executes a transaction and a
member clears the transaction, the ORF is assessed
to the member who clears the transaction.
E:\FR\FM\25JYN1.SGM
25JYN1
Agencies
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Pages 48482-48485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17445]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-78358; File No. SR-DTC-2016-004]
Self-Regulatory Organizations; The Depository Trust Company;
Order Approving Proposed Rule Change To Establish a Link With Euroclear
July 19, 2016.
On June 3, 2016, The Depository Trust Company (``DTC'') filed with
the Securities and Exchange Commission (``Commission'') proposed rule
change SR-DTC-2016-004 pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ to
establish a link (``EB Link'') between DTC and Euroclear Bank SA/NV
(``EB''). The proposed rule change was published for comment in the
Federal Register on June 16, 2016.\3\ The Commission did not receive
any comment letters on the proposed rule change. For the reasons
discussed below, the Commission is granting approval of the proposed
rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 78031 (June 10,
2016), 81 FR 39303 (June 16, 2016) (SR-DTC-2016-004).
---------------------------------------------------------------------------
I. Description of the Proposed Rule Change
The following is a description of the proposed rule change, as
provided primarily by DTC:
The proposed rule change consists of amendments to the Rules, By-
Laws and Organization Certificate of The Depository Trust Company (the
``Rules'') \4\ in order to add new Rule 34 (EB Link) to establish EB
Link between DTC and EB for DTC Participants that are also EB
participants (``CP Participants'') to use Securities held at DTC for EB
Collateral Transactions (as defined below). The proposed Rule 34
specifies the Accounts, Free Deliveries, and the terms and conditions
that together comprise collateral positioning (``Collateral
Positioning'' or ``CP'') for CP Participants. The proposed rule change
will: (i) Allow CP Participants to designate a sub-account for
Collateral Positioning (a ``CP Sub-Account'') of Securities selected by
the CP Participant (the ``CP Securities'') to Deliver to EB; and (ii)
establish the Securities Account of EB (the ``EB Account'') on the
books of DTC to receive and hold such CP Securities. DTC understands
that EB will then credit such CP Securities to an account it maintains
on its books for such CP Participant for use in transfers on the books
of EB (``EB Collateral Transactions'') in connection with EB's
collateral management services (``EB CMS''), as described below.\5\
---------------------------------------------------------------------------
\4\ Each capitalized term not otherwise defined herein has its
respective meaning as set forth in the Rules, available at https://www.dtcc.com/legal/rules-and-procedures.aspx.
\5\ On May 9, 2016, EB filed an application with the Commission
on Form CA-1, seeking to amend its existing exemption from clearing
agency registration by expanding its existing exemption to authorize
EB to offer EB CMS to its U.S. participants for U.S. equities (the
``EB CA-1 Amendment''). DTC understands that the EB CA-1 Amendment
is necessary for EB to offer EB CMS, and consequently, the DTCC
Euroclear Global Collateral Ltd. (``DEGCL'') Inventory Management
Service (``DEGCL IMS''), to U.S. participants for U.S. equities.
Commission approval of this proposed rule change to add new Rule 34
(EB Link) will have no effect on the authority of EB pursuant to the
EB CA-1 Amendment. In addition, this proposed rule change provides
that it will not be implemented until the EB CA-1 Amendment is
approved by the Commission.
---------------------------------------------------------------------------
(i) Background
(a) New Regulations Require Better Access to and Management of
Securities Collateral
New and enhanced regulatory requirements are leading derivative and
financing counterparties to seek increased efficiency in the
availability and deployment of collateral and streamlined margin
processing. More specifically, the phase-in period of the Basel III
liquidity rules,\6\ as well as recent regulatory changes by the
Commodity Futures Trading Commission,\7\ the U.S. prudential
regulators,\8\ European Market Infrastructure Regulation,\9\ and the
Basel
[[Page 48483]]
Committee on Banking Supervision (``BCBS'') and the International
Organization of Securities Commissions (``IOSCO''),\10\ have resulted
in increased capital requirements, mandatory central clearing of more
derivatives transactions, and new margining rules for bilateral trades,
driving a significant increased demand for high quality collateral.
---------------------------------------------------------------------------
\6\ Basel Committee on Banking Supervision, Basel III: A global
framework for more resilient banks and the banking system, December
2010 and revised June 2011; Basel Committee on Banking Supervision,
Basel III: The Liquidity Coverage Ratio and liquidity risk
monitoring tools, January 2013; Basel Committee on Banking
Supervision, Basel III: The net stable funding ratio, October 2014,
available at www.bis.org/bcbs/basel3.htm.
\7\ Margin Requirements for Uncleared Swaps for Swap Dealers and
Major Swap Participants, 81 FR 635 (January 6, 2016); 17 CFR parts
23 and 140.
\8\ Margin and Capital Requirements for Covered Swap Entities,
80 FR 74840 (November 30, 2015); 12 CFR parts 45, 237, 349, 624 and
1221. The U.S. prudential regulators include: Office of the
Comptroller of the Currency--Treasury, Board of Governors of the
Federal Reserve System, Federal Deposit Insurance Corporation, Farm
Credit Administration, and the Federal Housing Finance Agency.
\9\ European Supervisory Authorities' (ESAs) Final Draft
Regulatory Technical Standards on risk-mitigation techniques for
OTC-derivative contracts not cleared by a CCP under Article 11(15)
of Regulation (EU) No 648/2012 (EMIR), available at https://www.eba.europa.eu/documents/10180/1398349/RTS+on+Risk+Mitigation+Techniques+for+OTC+contracts+%28JC-2016-+18%29.pdf/fb0b3387-3366-4c56-9e25-74b2a4997e1d.
\10\ BCBS-IOSCO, Margin requirements for non-centrally cleared
derivatives (March 2015), available at https://www.bis.org/bcbs/publ/d317.htm.
---------------------------------------------------------------------------
These regulatory changes further include requirements for initial
margin for counterparties as well as a reduction or removal of
thresholds for variation margin.\11\ It is expected that the inclusion
of initial margin will significantly increase the amount of collateral
required and will create additional margin calls by affected
counterparties. In addition, it is expected that the removal or
reduction of thresholds for variation margin will mean any changes in
underlying valuations may trigger increased margin calls requiring
market participants to hold additional collateral available for
posting. Also, these regulatory changes include new restrictions on
eligible collateral, requiring the use of highly liquid assets,
prescribed haircuts, segregation requirements, as well as a prohibition
on rehypothecation for initial margin. Given these forthcoming
requirements, counterparties will need to access and deploy collateral
more effectively.
---------------------------------------------------------------------------
\11\ Initial margin means money, securities, or property posted
by a party to a swap as performance bond to cover potential future
exposures arising from changes in the market value of the position.
Variation margin means a payment made by or collateral posted by a
party to a swap to cover the current exposure arising from changes
in the market value of the position since the trade was executed or
the previous time the position was marked to market. See 17 CFR
23.700.
---------------------------------------------------------------------------
(b) Proposed Rule Change Will Support DEGCL IMS
DEGCL is a United Kingdom (``UK'') joint venture of DTCC and
Euroclear S.A./N.V. (``Euroclear''), authorized by the Financial
Conduct Authority (``FCA'') in the UK as a ``service company'' \12\ in
accordance with applicable law of the UK. DEGCL was formed for the
purpose of offering global information, record keeping, and processing
services for derivatives collateral transactions and other types of
financing transactions. DEGCL seeks to provide services to its users,
including buy-side and sell-side financial institutions, in meeting
their risk management and regulatory requirements for the holding and
exchange of collateral, as required by these new regulatory
requirements.
---------------------------------------------------------------------------
\12\ DEGCL was authorized as a ``service company'' by the FCA on
March 29, 2016. A ``service company,'' as defined in the FCA
Handbook, Glossary, is: ``[A] firm whose only permitted activities
are making arrangements with a view to transactions in investments,
and agreeing to carry on that regulated activity, and whose Part 4A
permission: (a) Incorporates a limitation substantially to the
effect that the firm carry on regulated activities only with market
counterparties or intermediate customers; and (b) includes
requirements substantially to the effect that the firm must not: (i)
Guarantee, or otherwise accept responsibility for, the performance,
by a participant in arrangements made by the firm in carrying on
regulated activities, of obligations undertaken by that participant
in connection with those arrangements; or (ii) approve any financial
promotion on behalf of any other person or any specified class of
persons; or (iii) in carrying on its regulated activities, provide
services otherwise than in accordance with documents (of a kind
specified in the requirement) provided by the firm to the FCA.'' FCA
Handbook, Glossary, available at https://www.handbook.fca.org.uk/handbook/glossary.
---------------------------------------------------------------------------
In particular, DEGCL IMS will address the increased demand for
cross-border availability of securities collateral, some of which may
be held at DTC. The purpose of DEGCL IMS is to offer to its users a
more global view of their collateral assets and support cross-border
mobility and to integrate information and record keeping for collateral
use of Securities held at DTC and EB.
DEGCL IMS will be operated by EB and other entities in the
Euroclear group, as the service provider to DEGCL, in accordance with
appropriate agreements among these parties and in compliance with
applicable regulatory requirements. There is no direct relationship
between DTC and DEGCL IMS. DEGCL IMS will be offered to any financial
institution that is both a DTC Participant and a participant of EB that
has elected to use EB CMS (``EB Collateral Participant'').
(ii) EB Link and Collateral Positioning Will Offer Global Collateral
Mobility for Securities Held at DTC by CP Participants
The proposed rule change will establish the EB Link between DTC and
EB through which a CP Participant could Deliver Securities from its
Account to its CP Sub-Account and, from there, to the EB Account at
DTC. The object is for EB to then credit the Securities to an account
of the CP Participant on the books of EB for use in EB CMS.
For purposes of the EB Link, EB has become a Participant of
DTC,\13\ in order to establish the EB Account to which CP Securities
will be credited. Accordingly, EB will act in two capacities: (i) On
its own behalf as a Participant of DTC, to maintain the EB Account in
which CP Securities may be held, so that EB may effect book entry
transfers of those Securities on its own books and records; and (ii) on
behalf of each CP Participant as the representative (the ``CP
Representative'') of such CP Participant, to provide instructions to
DTC on the CP Participant's behalf for the Delivery of CP Securities
from the CP Sub-Account, and to receive certain information (x) once
each Business Day, identifying the CP Securities that are credited to
the CP Sub-Account at the time of the report (the ``CP Securities
Report''), and (y) that specified CP Securities have been Delivered
into or out of the CP Sub-Account, and/or that an instruction has been
given to DTC to Deliver specified CP Securities out of the CP Sub-
Account, as applicable (the ``Delivery Information'').
---------------------------------------------------------------------------
\13\ EB was accepted as a Participant on February 18, 2016. Upon
approval of EB as a Participant, EB, like any other Participant,
signed a Participant's Agreement pursuant to which it agreed, inter
alia, that the DTC Rules shall be a part of the terms and conditions
of every contract or transaction that EB may make or have with DTC,
including the Regulation Systems Compliance and Integrity testing
requirements set forth in DTC Rule 2 (Participants and Pledgees).
---------------------------------------------------------------------------
The CP Participant will authorize EB as its CP Representative, to
provide instructions on its behalf, and to receive the CP Securities
Report and Delivery Information. Both the CP Securities Report and
Delivery Information will include, with respect to the CP Securities
specified therein, the following information: (i) The CUSIP, ISIN, or
other identification number of the CP Securities; and (ii) the number
of shares or other units or principal amount of the CP Securities.
The CP Participant will instruct DTC to Deliver the CP Securities
from the CP Participant's Account to its CP Sub-Account. After the CP
Securities have been credited to the CP Sub-Account, EB, as CP
Representative, may instruct DTC to make a Free Delivery of the
appropriate CP Securities from the CP Sub-Account to the EB
Account.\14\ All Deliveries from the CP Participant's Account to its CP
Sub-Account and from the CP Sub-Account to the EB
[[Page 48484]]
Account will be Free Deliveries, subject to DTC risk management
controls.\15\
---------------------------------------------------------------------------
\14\ EB will determine the eligibility of CP Securities for
DEGCL IMS on the basis of the eligibility profile provided to DEGCL
by its user counterparties, and subject to EB's securities
eligibility rules.
\15\ DTC risk management controls, including Collateral Monitor
and Net Debit Cap (as defined in Rule 1, Section 1 of the DTC Rules,
supra note 4), are designed so that DTC may complete system-wide
settlement notwithstanding the failure to settle of its largest
Participant or affiliated family of Participants. The Collateral
Monitor tests whether a Receiver has adequate collateral to secure
the amount of its net debit balance. The Net Debit Cap limits the
Net Debit Balance of a Participant so that it cannot exceed DTC
liquidity resources for settlement. Pursuant to these controls under
applicable DTC Rules and Procedures, any Delivery instruction order
to a CP Sub-Account that will cause the CP Participant to exceed its
Net Debit Cap (which a Free Delivery should not) or to have
insufficient DTC collateral to secure its obligations to DTC (which
is possible), will not be processed by DTC. CP Deliveries will be
processed in the same order and with the same priority as otherwise
provided in the DTC Rules and Procedures (i.e., such Deliveries will
not take precedence over any other type of Delivery in the DTC
system).
---------------------------------------------------------------------------
After CP Securities have been credited to the EB Account, it will
then be EB's responsibility to credit them to an account at EB
maintained for the CP Participant, as an EB Collateral Participant. The
originating CP Participant, as an EB Collateral Participant, may then
choose to hold the CP Securities in an account at EB, pending use in
any EB Collateral Transaction, or transfer the CP Securities on the
books of EB to one or more other EB Collateral Participants in
connection with EB Collateral Transactions.
EB may instruct DTC to Deliver CP Securities from the EB Account to
the CP Sub-Account from which such CP Securities originated. This may
occur if: (i) The CP Participant as a DEGCL IMS user changes its DEGCL
IMS inventory profile in a way that renders the CP Securities credited
to the EB Account no longer eligible for DEGCL IMS; (ii) the CP
Participant submits a Delivery instruction for such CP Securities; \16\
or (iii) the CP Securities are subject to a corporate action or tax
event.\17\
---------------------------------------------------------------------------
\16\ If at any time a CP Participant has a pending instruction
for Delivery of Securities that had been Delivered from its CP Sub-
Account to the EB Account, DTC understands that EB will instruct DTC
to Deliver those Securities from the EB Account back to the CP Sub-
Account from which they originated.
\17\ If EB does not Deliver the CP Securities back to the CP
Sub-Account of the CP Participant prior to the applicable record
date for a corporate action, the corporate action will be processed
by DTC in the ordinary course to EB as the Participant holding the
Securities on the Record Date.
---------------------------------------------------------------------------
EB may also instruct DTC to Deliver CP Securities from the EB
Account to the Securities Account of a Participant that EB has
designated as its global custodian (``EB Global Custodian'').\18\ The
CP Securities held in the EB Account are held there exclusively for EB
Collateral Transactions, so this proposed rule change will require EB
to Deliver CP Securities from the EB Account to the Securities Account
of the EB Global Custodian in connection with any liquidation of those
CP Securities.
---------------------------------------------------------------------------
\18\ EB has not been a direct DTC Participant or had a
Securities Account at DTC prior to this proposed EB Link; EB has
held Eligible Securities only as an indirect participant through a
bank that it characterizes as its ``global custodian'' and that is a
DTC Participant. The EB Link is proposed to be established for, and
expressly limited to, Collateral Positioning in connection with EB
Collateral Transactions. EB may continue to use the EB Global
Custodian for other EB transactions and to hold non-CP Securities
indirectly at DTC.
---------------------------------------------------------------------------
(iii) Proposed Rule Change
The proposed rule change will add Rule 34 to the DTC Rules, to
provide for:
1. The establishment and maintenance of a CP Sub-Account for each
CP Participant;
2. The establishment and maintenance of the EB Account for the
purpose of Collateral Positioning Deliveries;
3. Free Deliveries of CP Securities by a CP Participant from an
Account of the CP Participant to its CP Sub-Account, and back to (A)
the originating Account of the CP Participant; (B) another Non-CP
Account of the CP Participant; or (C) the Account of another
Participant;
4. Free Deliveries of CP Securities as instructed by EB, as CP
Representative of the CP Participant, from the CP Sub-Account of the CP
Participant to the EB Account;
5. Free Deliveries of CP Securities as instructed by EB from the EB
Account to (A) the CP Sub-Account from which such CP Securities
originated, or (B) the Account of the EB Global Custodian;
6. Information to be provided by DTC to EB, as CP Representative of
the CP Participant, specifically, the CP Securities Report and the
Delivery Information;
7. The requirement that Deliveries provided in the proposed rule
change must be Free Deliveries, and shall be subject to the terms and
provisions of the DTC Rules and the Procedures applicable to the
Deliveries of Securities, including DTC risk management controls; and
8. DTC's disclaimer of liability to: (A) Any CP Participant as a
result of acting on instructions from EB or providing EB the Delivery
Information or the CP Securities Report pursuant to Rule 34; (B) EB as
a result of acting on instructions from a CP Participant pursuant to
Rule 34; (C) EB or any CP Participant as a result of any loss relating
to Rule 34, unless caused directly by DTC's gross negligence, willful
misconduct, or violation of Federal securities laws for which there is
a private rights of action; and (D) to any third party for any reason,
including without limitation, DEGCL.
(iv) Implementation Timeframe
This proposed rule change will be implemented on the later of: (i)
The date of Commission approval of this filing; and (ii) the date of a
Commission order approving the EB CA-1 Amendment, authorizing EB to
offer EB CMS to U.S. EB Collateral Participants for U.S. equities.
Participants will be advised of the implementation date through the
issuance of a DTC Important Notice.
II. Discussion and Commission Findings
Section 19(b)(2)(C) of the Act \19\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Act and rules and regulations thereunder applicable
to such organization. The Commission believes that the proposal is
consistent with Section 17A(b)(3)(F) of the Act \20\ and Rule 17Ad-
22(d)(7) thereunder,\21\ as described in detail below.
---------------------------------------------------------------------------
\19\ 15 U.S.C. 78s(b)(2)(C).
\20\ 15 U.S.C. 78q-1(b)(3)(F).
\21\ 17 CFR 240.17Ad-22(d)(7).
---------------------------------------------------------------------------
(i) Consistency With Section 17A(b)(3)(F)
Section 17A(b)(3)(F) of the Act \22\ requires, among other things,
that the rules of the clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions, and
to assure the safeguarding of securities and funds which are in the
custody or control of the clearing agency or for which it is
responsible. The Commission understands that EB is currently an
indirect Participant holding DTC Eligible Securities through one or
more other financial institutions that are direct Participants. With
this proposal, a direct link will be established between DTC and EB
(i.e., the EB Link), through which Participants can more directly
deploy their securities collateral for EB Collateral Transactions. As
such, transactions will be processed with EB more efficiently by
eliminating a step in processing such transactions, thus promoting
prompt and accurate transactions and the safeguarding of securities and
funds in the custody or control of DTC, consistent with the
requirements of the Act, in particular Section 17A(b)(3)(F), cited
above.
---------------------------------------------------------------------------
\22\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
[[Page 48485]]
(ii) Consistency With Rule 17Ad-22(d)(7)
Rule 17Ad-22(d)(7) under the Act \23\ requires a clearing agency,
such as DTC, to establish, implement, maintain and enforce written
policies and procedures reasonably designed to evaluate the potential
sources of risks that can arise when the clearing agency establishes
links either cross-border or domestically to clear or settle trades,
and ensure that the risks are managed prudently on an ongoing
basis.\24\ In developing the proposed EB Link, DTC stated that it
evaluated the risks that could arise by establishing a link with EB, a
foreign central securities depository. DTC stated that it determined
that all Deliveries between CP Sub-Accounts and the EB Account will be
subject to DTC risk management controls and will be limited to Free
Deliveries. Therefore, there should be minimum risk, in particular, no
funds settlement risk, associated with EB Link.
---------------------------------------------------------------------------
\23\ 17 CFR 240.17Ad-22(d)(7).
\24\ 17 CFR 240.17Ad-22(d)(7).
---------------------------------------------------------------------------
III. Conclusion
On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \25\ and the
rules and regulations thereunder.
---------------------------------------------------------------------------
\25\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------
It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that proposed rule change SR-DTC-2016-004 be, and hereby is,
approved.\26\
---------------------------------------------------------------------------
\26\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------
\27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-17445 Filed 7-22-16; 8:45 am]
BILLING CODE 8011-01-P