Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the DTC Operational Arrangements To Add Clarifying Text Relating to the Processing of Unit Investment Trust Securities Through the DTC Investor's Voluntary Redemptions and Sales Service, 30806-30808 [2018-13980]
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30806
Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
to make available publicly. All
submissions should refer to File
Number SR–GEMX–2018–22, and
should be submitted on or before July
20, 2018.
requirements for Securities issued by
unit investment trusts (‘‘Units’’) to be
processed through DTC’s Investor’s
Voluntary Redemptions and Sales
Service (‘‘IVORS’’), as described below.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Eduardo A. Aleman
Assistant Secretary.
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission, the
clearing agency 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
clearing agency has prepared
summaries, set forth in sections A, B,
and C below, of the most significant
aspects of such statements.
[FR Doc. 2018–13986 Filed 6–28–18; 8:45 am]
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–
GEMX–2018–22 on the subject line.
sradovich on DSK3GMQ082PROD with NOTICES
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:
Self-Regulatory Organizations; The
Depository Trust Company; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend the
DTC Operational Arrangements To Add
Clarifying Text Relating to the
Processing of Unit Investment Trust
Securities Through the DTC Investor’s
Voluntary Redemptions and Sales
Service
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–GEMX–2018–22. 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 website (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 website 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 the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
VerDate Sep<11>2014
17:58 Jun 28, 2018
Jkt 244001
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83511; File No. SR–DTC–
2018–005]
June 25, 2018.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on June 20,
2018, The Depository Trust Company
(‘‘DTC’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change as described
in Items I, II and III below, which Items
have been prepared by the clearing
agency. The Commission is publishing
this notice to solicit comments on the
proposed rule change from interested
persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The proposed rule change 3 consists of
proposed modifications to the DTC
Operational Arrangements (Necessary
for Securities to Become and Remain
Eligible for DTC Services) (‘‘OA’’) 4 to
provide enhanced transparency within
DTC’s Procedures 5 relating to
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Each capitalized term not otherwise defined
herein has its respective meaning as set forth in the
Rules, By-Laws and Organization Certificate of The
Depository Trust Company (‘‘Rules’’), available at
https://www.dtcc.com/∼/media/Files/Downloads/
legal/rules/dtc_rules.pdf.
4 Available at https://www.dtcc.com/∼/media/
Files/Downloads/legal/issue-eligibility/eligibility/
operational-arrangements.pdf.
5 Pursuant to the Rules, the term ‘‘Procedures’’
means the Procedures, service guides, and
1 15
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Frm 00124
Fmt 4703
Sfmt 4703
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
1. Purpose
The proposed rule change consists of
proposed modifications to the OA to
provide enhanced transparency within
the DTC Procedures relating to DTC’s
requirements for Units to be processed
through IVORS, as discussed below.
Background
A unit investment trust is an
investment company that buys and
holds a generally fixed portfolio of
stocks, bonds or other securities for a
fixed period of time. Units are sold by
a sponsor, which is the issuer of the
Units, to investors who receive a share
of principal and dividends, or interest.
When Units mature, an investor may
redeem matured Units with the transfer
agent for the Units, or sell Units to the
sponsor for a cash payment (such
redemptions and sales jointly referred to
herein as ‘‘Redemptions’’).6 The sponsor
may also allow a holder of maturing
Units to ‘‘rollover’’ the Units by
redeeming the maturing Units for a
comparable issue of Units (‘‘Rollover’’).
Units that meet DTC’s eligibility
requirements 7 may be Deposited for
book-entry services at DTC and be held
by Participants on behalf of investors.
Redemptions and Rollovers of Units
held at DTC must be processed through
IVORS.8 IVORS allows a Participant to
regulations of DTC adopted pursuant to Rule 27, as
amended from time to time. See Rule 1, Section 1,
supra note 3, at 13.
6 See Securities Exchange Act Release No. 39852
(April 10, 1998), 63 FR 19545 (April 20, 1998)
(‘‘1998 Release’’).
7 See OA, supra note 4 at 1–3 (setting forth
requirements for Securities to be made eligible for
DTC book-entry services).
8 See OA, supra note 4 at 43–44.
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sradovich on DSK3GMQ082PROD with NOTICES
surrender Units for value via bookentry, which Units are processed in
accordance with standing instructions
(‘‘Standing Instructions’’) provided by
the sponsor or transfer agent for the
Units through DTC’s Participant
Terminal System (‘‘PTS’’),9 an
electronic interface that allows
Participants to submit instructions to
DTC and make inquiries in DTC’s
system. The transfer agent and the
sponsor must each maintain a DTC
Participant Account in order to facilitate
the settlement of Redemptions.10
In this regard, and as approved in the
1998 Release, in order to be eligible for
processing through IVORS, (i) Units
must be DTC-eligible and held in DTC’s
FAST program,11 (ii) the transfer agent,
which is the Fast Agent for the Units,
must be a DTC Participant and (iii) the
sponsor, or the sponsor’s clearing agent,
i.e., a Participant that acts on the
sponsor’s behalf with respect to the
settlement of transactions in Units
issued by the sponsor, must be a DTC
Participant (‘‘IVORS Eligibility
Requirements’’).12
As indicated above, the OA currently
states the requirement that IVORS must
be used for the processing of
Redemptions and Rollovers for Units
held at DTC. The applicable OA text
does not include references to
requirements relating to IVORS
processing that were approved in the
1998 and 2004 Releases, in particular:
(i) The use of Standing Instructions by
a sponsor and/or FAST Agent 13 and (ii)
the IVORS Eligibility Requirements.14
Pursuant to this rule filing, in order to
provide enhanced transparency within
the OA to users of DTC services with
regard to the use of IVORS for the
processing of Redemptions and
Rollovers, DTC proposes to amend the
OA to include text stating these
requirements.
In addition, currently existing text in
the OA relating to the processing of
Units uses the term ‘‘UIT’’
interchangeably to describe both a unit
investment trust and Units. In order to
further enhance the transparency of the
text of the Subject Section, as defined
below, to more clearly distinguish
between unit investment trusts and the
9 See 1998 Release, supra note 6, and Securities
Exchange Act Release No. 50279 (August 27, 2004),
69 FR 54169 (‘‘2004 Release’’).
10 See id.
11 DTC’s FAST program allows a transfer agent
which is approved by DTC to be a ‘‘FAST Agent’’
to act as custodian for DTC and increase or decrease
the amounts of a balance certificate representing
Securities eligible for DTC book-entry services. See
OA, supra note 4 at 15.
12 See 1998 Release, supra note 6.
13 See supra note 9.
14 See supra note 12.
VerDate Sep<11>2014
17:58 Jun 28, 2018
Jkt 244001
securities issued by them, DTC would
revise the applicable OA text to define
Securities issued by unit investment
trusts as ‘‘Units.’’ The text would
continue to refer to unit investment
trusts as UITs.
Proposed Changes to the OA
Pursuant to the proposed rule change,
DTC would amend the OA to revise
Section VI.C.1.a. (Use of DTC’s
Investor’s Voluntary Redemptions and
Sales to sponsor) (‘‘Subject Section’’),
relating to Redemption and Rollover
processing through IVORS, to add text
stating (i) the IVORS Eligibility
Requirements and (ii) a provision
relating to the processing of
Redemptions and Rollovers in
accordance with Standing Instructions
provided by the sponsor or FAST Agent
for the Units, as described above.
Specifically, the proposed rule change
would add the following within the
existing text of that section as it relates
to the description of Redemption and
Rollover activities:
‘‘IVORS will only be available for
these activities if (1) the subject Unit is
DTC-eligible, (2) the subject Unit is held
through the FAST program, (3) the
FAST Agent for the Unit is a Participant
of DTC, and (4) the Unit’s lead sponsor
or its clearing agent is a Participant.
Redemptions and rollovers are
processed in accordance with standing
instructions provided by the FAST
Agent and/or sponsor of the Unit
through PTS.’’
In addition, DTC would revise the text
of the Subject Section to define
Securities issued by unit investment
trusts (i.e., Units, as defined above) as
‘‘Units,’’ as described above.
Effective Date
The proposed rule change would
become effective upon filing with the
Commission.
2. Statutory Basis
Section 17A(b)(3)(F) of the Securities
Exchange Act of 1934 (‘‘Act’’) 15 requires
that the rules of the clearing agency be
designed, inter alia, to promote the
prompt and accurate clearance and
settlement of securities transactions.
DTC believes that the proposed rule
change is consistent with this provision
of the Act because by adding text within
the Procedures set forth in the OA
regarding DTC’s requirements for the
processing of Redemptions and
Rollovers of Units through IVORS and
more clearly distinguishing in the text
of the Subject Section between unit
investment trusts and Units, the
proposed rule change would provide
enhanced transparency for Participants
with respect to the Procedures relating
to such processing, including better
facilitating Participants’ understanding
of the requirements relating to the
processing of Units held by them at
DTC. Therefore, by providing
Participants with enhanced
transparency with regard to the
Procedures relating to the processing of
Redemptions and Rollovers of Units
through IVORS, and therefore
facilitating Participants ability to
understand the requirements relating to
the processing of Units held by them at
DTC, DTC believes that the proposed
rule change would promote the prompt
and accurate clearance and settlement of
securities transactions consistent with
the Act.
(B) Clearing Agency’s Statement on
Burden on Competition
DTC does not believe that the
proposed rule change would have any
impact on competition. The proposed
rule change would merely provide
enhanced transparency with respect to
existing Procedures relating to the
processing of Redemptions and
Rollovers through IVORS by adding text
to the OA that is consistent with
requirements previously approved by
the Commission.16 Therefore, the
proposed rule change would not affect
the rights or obligations of Participants,
and as such, would not impact
competition.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants, or Others
Written comments relating to this
proposed rule change have not been
solicited or received. DTC will notify
the Commission of any written
comments received by DTC.
III. Date of Effectiveness of the
Proposed Rule Change, and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 17 and paragraph (f) of Rule
19b–4 thereunder.18 At any time within
60 days of the filing of the proposed rule
change, the Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
16 See
supra note 9.
U.S.C. 78s(b)(3)(A).
18 17 CFR 240.19b–4(f).
17 15
15 15
PO 00000
U.S.C. 78q–1(b)(3)(F).
Frm 00125
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30807
E:\FR\FM\29JNN1.SGM
29JNN1
30808
Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
DTC–2018–005 on the subject line.
Paper Comments
sradovich on DSK3GMQ082PROD with NOTICES
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549.
All submissions should refer to File
Number SR–DTC–2018–005. 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 website (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 website 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 DTC and on DTCC’s website
(https://dtcc.com/legal/sec-rulefilings.aspx). All comments received
will be posted without change. Persons
submitting comments are cautioned that
we do not redact or edit personal
identifying information from comment
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–DTC–
2018–005 and should be submitted on
or before July 20, 2018.
VerDate Sep<11>2014
17:58 Jun 28, 2018
Jkt 244001
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–13980 Filed 6–28–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83507; File No. SR–
NYSEAMER–2018–33]
Self-Regulatory Organizations; NYSE
American LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Commentary
.02 to Rule 960NY in Order To Extend
the Penny Pilot in Options Classes in
Certain Issues Through December 31,
2018
June 25, 2018.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on June 21,
2018, NYSE American LLC (the
‘‘Exchange’’ or ‘‘NYSE American’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. 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 amend
Commentary .02 to Rule 960NY in order
to extend the Penny Pilot in options
classes in certain issues (‘‘Pilot
Program’’) previously approved by the
Securities and Exchange Commission
(‘‘Commission’’) through December 31,
2018. The Pilot Program is currently
scheduled to expire on June 30, 2018.
The proposed rule change is available
on the Exchange’s website at
www.nyse.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
In its filing with the Commission, the
self-regulatory organization included
19 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00126
Fmt 4703
Sfmt 4703
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 those 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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange hereby proposes to
amend Commentary .02 to Rule 960NY
to extend the time period of the Pilot
Program,4 which is currently scheduled
to expire on June 30, 2018, through
December 31, 2018. The Exchange also
proposes that the date to replace issues
in the Pilot Program that have been
delisted be revised to the second trading
day following July 1, 2018.5 The
Exchange believes that extending the
Pilot would allow for further analysis of
the Pilot Program and a determination
of how the Pilot Program should be
structured in the future.
This filing does not propose any
substantive changes to the Pilot
Program: All classes currently
participating will remain the same and
all minimum increments will remain
unchanged. The Exchange believes the
benefits to public customers and other
market participants who will be able to
express their true prices to buy and sell
options have been demonstrated to
outweigh the increase in quote traffic.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) 6 of the
Securities Exchange Act of 1934 (the
‘‘Act’’), in general, and furthers the
objectives of Section 6(b)(5),7 in
particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to foster
cooperation and coordination with
4 See Securities Exchange Act Release No. 82358
(December 19, 2017), 82 FR 61054 (December 26,
2017) (SR–NYSEAMER–2017–38).
5 The month immediately preceding a
replacement class’s addition to the Pilot Program
(i.e., June) would not be used for purposes of the
analysis for determining the replacement class.
Thus, a replacement class to be added on the
second trading day following July 1, 2018 would be
identified based on The Option Clearing
Corporation’s trading volume data from December
1, 2017 through May 31, 2018. The Exchange will
announce the replacement issues to the Exchange’s
membership through a Trader Update.
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(5).
E:\FR\FM\29JNN1.SGM
29JNN1
Agencies
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30806-30808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13980]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-83511; File No. SR-DTC-2018-005]
Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the DTC Operational Arrangements To Add Clarifying Text Relating
to the Processing of Unit Investment Trust Securities Through the DTC
Investor's Voluntary Redemptions and Sales Service
June 25, 2018.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 20, 2018, The Depository Trust Company (``DTC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II and III below, which Items have been
prepared by the clearing agency. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
The proposed rule change \3\ consists of proposed modifications to
the DTC Operational Arrangements (Necessary for Securities to Become
and Remain Eligible for DTC Services) (``OA'') \4\ to provide enhanced
transparency within DTC's Procedures \5\ relating to requirements for
Securities issued by unit investment trusts (``Units'') to be processed
through DTC's Investor's Voluntary Redemptions and Sales Service
(``IVORS''), as described below.
---------------------------------------------------------------------------
\3\ Each capitalized term not otherwise defined herein has its
respective meaning as set forth in the Rules, By-Laws and
Organization Certificate of The Depository Trust Company
(``Rules''), available at https://www.dtcc.com/~/media/Files/
Downloads/legal/rules/dtc_rules.pdf.
\4\ Available at https://www.dtcc.com/~/media/Files/Downloads/
legal/issue-eligibility/eligibility/operational-arrangements.pdf.
\5\ Pursuant to the Rules, the term ``Procedures'' means the
Procedures, service guides, and regulations of DTC adopted pursuant
to Rule 27, as amended from time to time. See Rule 1, Section 1,
supra note 3, at 13.
---------------------------------------------------------------------------
II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
In its filing with the Commission, the clearing agency 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 clearing agency has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.
(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change
1. Purpose
The proposed rule change consists of proposed modifications to the
OA to provide enhanced transparency within the DTC Procedures relating
to DTC's requirements for Units to be processed through IVORS, as
discussed below.
Background
A unit investment trust is an investment company that buys and
holds a generally fixed portfolio of stocks, bonds or other securities
for a fixed period of time. Units are sold by a sponsor, which is the
issuer of the Units, to investors who receive a share of principal and
dividends, or interest. When Units mature, an investor may redeem
matured Units with the transfer agent for the Units, or sell Units to
the sponsor for a cash payment (such redemptions and sales jointly
referred to herein as ``Redemptions'').\6\ The sponsor may also allow a
holder of maturing Units to ``rollover'' the Units by redeeming the
maturing Units for a comparable issue of Units (``Rollover'').
---------------------------------------------------------------------------
\6\ See Securities Exchange Act Release No. 39852 (April 10,
1998), 63 FR 19545 (April 20, 1998) (``1998 Release'').
---------------------------------------------------------------------------
Units that meet DTC's eligibility requirements \7\ may be Deposited
for book-entry services at DTC and be held by Participants on behalf of
investors. Redemptions and Rollovers of Units held at DTC must be
processed through IVORS.\8\ IVORS allows a Participant to
[[Page 30807]]
surrender Units for value via book-entry, which Units are processed in
accordance with standing instructions (``Standing Instructions'')
provided by the sponsor or transfer agent for the Units through DTC's
Participant Terminal System (``PTS''),\9\ an electronic interface that
allows Participants to submit instructions to DTC and make inquiries in
DTC's system. The transfer agent and the sponsor must each maintain a
DTC Participant Account in order to facilitate the settlement of
Redemptions.\10\
---------------------------------------------------------------------------
\7\ See OA, supra note 4 at 1-3 (setting forth requirements for
Securities to be made eligible for DTC book-entry services).
\8\ See OA, supra note 4 at 43-44.
\9\ See 1998 Release, supra note 6, and Securities Exchange Act
Release No. 50279 (August 27, 2004), 69 FR 54169 (``2004 Release'').
\10\ See id.
---------------------------------------------------------------------------
In this regard, and as approved in the 1998 Release, in order to be
eligible for processing through IVORS, (i) Units must be DTC-eligible
and held in DTC's FAST program,\11\ (ii) the transfer agent, which is
the Fast Agent for the Units, must be a DTC Participant and (iii) the
sponsor, or the sponsor's clearing agent, i.e., a Participant that acts
on the sponsor's behalf with respect to the settlement of transactions
in Units issued by the sponsor, must be a DTC Participant (``IVORS
Eligibility Requirements'').\12\
---------------------------------------------------------------------------
\11\ DTC's FAST program allows a transfer agent which is
approved by DTC to be a ``FAST Agent'' to act as custodian for DTC
and increase or decrease the amounts of a balance certificate
representing Securities eligible for DTC book-entry services. See
OA, supra note 4 at 15.
\12\ See 1998 Release, supra note 6.
---------------------------------------------------------------------------
As indicated above, the OA currently states the requirement that
IVORS must be used for the processing of Redemptions and Rollovers for
Units held at DTC. The applicable OA text does not include references
to requirements relating to IVORS processing that were approved in the
1998 and 2004 Releases, in particular: (i) The use of Standing
Instructions by a sponsor and/or FAST Agent \13\ and (ii) the IVORS
Eligibility Requirements.\14\ Pursuant to this rule filing, in order to
provide enhanced transparency within the OA to users of DTC services
with regard to the use of IVORS for the processing of Redemptions and
Rollovers, DTC proposes to amend the OA to include text stating these
requirements.
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\13\ See supra note 9.
\14\ See supra note 12.
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In addition, currently existing text in the OA relating to the
processing of Units uses the term ``UIT'' interchangeably to describe
both a unit investment trust and Units. In order to further enhance the
transparency of the text of the Subject Section, as defined below, to
more clearly distinguish between unit investment trusts and the
securities issued by them, DTC would revise the applicable OA text to
define Securities issued by unit investment trusts as ``Units.'' The
text would continue to refer to unit investment trusts as UITs.
Proposed Changes to the OA
Pursuant to the proposed rule change, DTC would amend the OA to
revise Section VI.C.1.a. (Use of DTC's Investor's Voluntary Redemptions
and Sales to sponsor) (``Subject Section''), relating to Redemption and
Rollover processing through IVORS, to add text stating (i) the IVORS
Eligibility Requirements and (ii) a provision relating to the
processing of Redemptions and Rollovers in accordance with Standing
Instructions provided by the sponsor or FAST Agent for the Units, as
described above. Specifically, the proposed rule change would add the
following within the existing text of that section as it relates to the
description of Redemption and Rollover activities:
``IVORS will only be available for these activities if (1) the
subject Unit is DTC-eligible, (2) the subject Unit is held through the
FAST program, (3) the FAST Agent for the Unit is a Participant of DTC,
and (4) the Unit's lead sponsor or its clearing agent is a Participant.
Redemptions and rollovers are processed in accordance with standing
instructions provided by the FAST Agent and/or sponsor of the Unit
through PTS.''
In addition, DTC would revise the text of the Subject Section to
define Securities issued by unit investment trusts (i.e., Units, as
defined above) as ``Units,'' as described above.
Effective Date
The proposed rule change would become effective upon filing with
the Commission.
2. Statutory Basis
Section 17A(b)(3)(F) of the Securities Exchange Act of 1934
(``Act'') \15\ requires that the rules of the clearing agency be
designed, inter alia, to promote the prompt and accurate clearance and
settlement of securities transactions. DTC believes that the proposed
rule change is consistent with this provision of the Act because by
adding text within the Procedures set forth in the OA regarding DTC's
requirements for the processing of Redemptions and Rollovers of Units
through IVORS and more clearly distinguishing in the text of the
Subject Section between unit investment trusts and Units, the proposed
rule change would provide enhanced transparency for Participants with
respect to the Procedures relating to such processing, including better
facilitating Participants' understanding of the requirements relating
to the processing of Units held by them at DTC. Therefore, by providing
Participants with enhanced transparency with regard to the Procedures
relating to the processing of Redemptions and Rollovers of Units
through IVORS, and therefore facilitating Participants ability to
understand the requirements relating to the processing of Units held by
them at DTC, DTC believes that the proposed rule change would promote
the prompt and accurate clearance and settlement of securities
transactions consistent with the Act.
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\15\ 15 U.S.C. 78q-1(b)(3)(F).
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(B) Clearing Agency's Statement on Burden on Competition
DTC does not believe that the proposed rule change would have any
impact on competition. The proposed rule change would merely provide
enhanced transparency with respect to existing Procedures relating to
the processing of Redemptions and Rollovers through IVORS by adding
text to the OA that is consistent with requirements previously approved
by the Commission.\16\ Therefore, the proposed rule change would not
affect the rights or obligations of Participants, and as such, would
not impact competition.
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\16\ See supra note 9.
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(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others
Written comments relating to this proposed rule change have not
been solicited or received. DTC will notify the Commission of any
written comments received by DTC.
III. Date of Effectiveness of the Proposed Rule Change, and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \17\ and paragraph (f) of Rule 19b-4
thereunder.\18\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
[[Page 30808]]
investors, or otherwise in furtherance of the purposes of the Act.
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\17\ 15 U.S.C. 78s(b)(3)(A).
\18\ 17 CFR 240.19b-4(f).
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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:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-DTC-2018-005 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549.
All submissions should refer to File Number SR-DTC-2018-005. 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 website (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 website 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 DTC and on DTCC's website
(https://dtcc.com/legal/sec-rule-filings.aspx). All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-DTC-2018-005 and should be submitted on
or before July 20, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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\19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13980 Filed 6-28-18; 8:45 am]
BILLING CODE 8011-01-P