Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Enhance the Mutual Fund Profile Service To Provide for the Transmission of Event Notifications Through a New Feature Called MF Info Xchange, 59427-59429 [2018-25468]
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Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–84611; File No. SR–NSCC–
2018–010]
Self-Regulatory Organizations;
National Securities Clearing
Corporation; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Enhance the Mutual
Fund Profile Service To Provide for the
Transmission of Event Notifications
Through a New Feature Called MF Info
Xchange
November 16, 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 November
13, 2018, National Securities Clearing
Corporation (‘‘NSCC’’) 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. NSCC filed the
proposed rule change pursuant to
Section 19(b)(3)(A) of the Act 3 and Rule
19b–4(f)(4) thereunder.4 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 consists of
modifications to NSCC’s Rules &
Procedures (‘‘Rules’’) in order to reflect
proposed enhancements to NSCC’s
Mutual Fund Services.5 The proposed
rule change would enhance the Mutual
Fund Profile Service (‘‘MFPS’’) 6 of
NSCC to provide for the delivery and
receipt of event notifications relating to
funds and pooled investment entities
through a new feature called MF Info
Xchange, as described in greater detail
below.
amozie on DSK3GDR082PROD with NOTICES1
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
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(4).
5 Capitalized terms used herein and not otherwise
defined shall have the meaning assigned to such
terms in the Rules, available at https://dtcc.com/∼/
media/Files/Downloads/legal/rules/nscc_rules.pdf.
6 Section D of Rule 52, supra note 5.
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
modifications to the Rules in order to
reflect proposed enhancements to
NSCC’s Mutual Fund Services. The
proposed rule change would enhance
MFPS to provide for the delivery and
receipt of event notifications relating to
funds and pooled investment entities
through a new feature called MF Info
Xchange, as described in greater detail
below.
(i) Background
In 1996, NSCC launched MFPS,
providing participating Members with
an automated method of transmitting
and receiving daily price and rate
information pertaining to funds and
other pooled investment entities
(collectively referred hereto as ‘‘Funds’’)
through a centralized and standardized
facility.7 In 1998, NSCC implemented
three new databases as part of MFPS, (i)
the participant profile database, (ii) the
security issue profile database and (iii)
the distribution declaration information
profile database,8 through which NSCC
offers the Funds industry a centralized
repository for prospectus and
operational information relating to Fund
securities, Fund distributions and Fund
processing capabilities.
MF Info Xchange would be a new
feature of MFPS that would facilitate
communication of event notifications
among Funds, their principal
underwriters or other entities
authorized to process transactions on
behalf of Funds, that are Members,
Mutual Fund/Insurance Services
Members, Investment Manager/Agent
Members, TPP Members, TPA Members,
Data Services Only Members and Fund
Members (‘‘data providers’’), on the one
hand, and the distribution partners of
the Funds, such as broker-dealers and
banks that are NSCC Members 9 and
other third parties identified by the data
providers to receive event notifications
(‘‘data receivers’’), on the other hand.
1 15
2 17
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18:33 Nov 21, 2018
Jkt 247001
7 Securities Exchange Act Release No. 37171 (May
8, 1996), 61 FR 24343 (May 14, 1996) (SR–NSCC–
1996–04).
8 Securities Exchange Act Release No. 40614
(October 28, 1998), 63 FR 59615 (November 4, 1998)
(SR–NSCC–1998–09).
9 For purposes of this filing, ‘‘NSCC Members’’
shall mean Members and Limited Members.
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
59427
On a daily basis, data providers and
data receivers exchange a number of
event notifications via email, fax and
phone call outside of NSCC relating to
events affecting the Funds. Such event
notifications include corporate actions,
such as Fund name changes, mergers,
acquisitions and closures, and other
events, such as expense ratio changes
and benchmark changes. These event
notifications are not standardized across
the industry, and data receivers do not
currently have an efficient standardized
method to view and manage past and
upcoming Fund events.
The mutual fund industry has
requested that NSCC deliver a data
sharing solution for participants in the
Fund industry to exchange such event
notifications, and create standardization
to the event notification process. The
current event notification process is
inconsistent among data providers and
data receivers, with data providers
sending event notifications using
various methods without standardized
formats across the industry. The existing
methods of sending event notifications
are often time consuming manual
processes that add risk and complexity
by increasing the chance of manual
errors and leaving event notifications
open to interpretation because of the
lack of standardized formats. MF Info
Xchange has been developed with the
active participation of an industry
working group to streamline the
delivery and receipt of various types of
Fund event notifications to provide a
standardized method of sending event
notifications.
Data providers using MF Info Xchange
would be able to submit event
notifications for distribution, using data
entry, uploads and other input
mechanisms, modify previously
submitted event notifications, view
upcoming and past notifications and
manage distribution lists. Upon receipt
of the event notification data through
MF Info Xchange, NSCC would create a
unique ID associated with the event
relating to the notification, and track
corrections and updates to the same
event using the same event ID. NSCC
would also store the data in a data
repository for retrieval by NSCC
Members. In addition, NSCC would
distribute the event notifications via
email to a defined distribution list
provided by the data providers. Data
providers could also indicate the NSCC
Members on the distribution list that
could be given access to the event
notifications on the data repository.
Such NSCC Members that have
subscribed to MF Info Xchange would
have access to the data repository to
retrieve the event notifications and
E:\FR\FM\23NON1.SGM
23NON1
59428
Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices
updates to those event notifications
from a centralized location.
NSCC Members would be able to use
MF Info Xchange to transmit event
notifications for certain predefined
event types. Upon the initial launch,
Fund mergers/acquisitions and Fund
closures would be the only event types
for which event notifications could be
sent using MF Info Xchange. NSCC
would announce by Important Notice
posted on its website any enhancements
of MF Info Xchange that result in new
event types available for event
notifications. Given the limited number
of Fund event types available for event
notifications upon the launch of MF
Info Xchange, NSCC would not charge
fees initially for the use of MF Info
Xchange. NSCC would file with the
Commission an appropriate rule change
proposal to implement any fees for MF
Info Xchange if NSCC adds a fee for the
feature.
(ii) Proposed Rule Changes
The proposed rule change would
amend Rule 52 to state that NSCC
would provide MF Info Xchange to
enable data providers that are Members,
Mutual Fund/Insurance Services
Members, Investment Manager/Agent
Members, TPP Members, TPA Members,
Data Services Only Members and Fund
Members to transmit event notifications
relating to Funds to other NSCC
Members and to other third parties
identified by the data providers to
receive the event notifications, or to
otherwise supply and provide access to
event notifications directly to or from
NSCC through a data repository. The
proposed rule change would provide
that NSCC may determine from time to
time, and would announce by Important
Notice, which types of event
notifications may be transmitted using
MF Info Xchange. The proposed rule
change would provide that NSCC would
not be responsible for the completeness
or accuracy of any event notifications
transmitted using MF Info Xchange nor
for any errors, omissions or delays that
may occur relating to the event
notifications.
amozie on DSK3GDR082PROD with NOTICES1
(iii) Implementation Timeframe
NSCC expects to implement MF Info
Xchange on November 29, 2018. As
proposed, a legend would be added to
Rule 52 stating there are changes that
became effective upon filing with the
Commission but have not yet been
implemented. The proposed legend also
would include a date on which such
changes would be implemented and the
file number of this proposal, and state
that, once this proposal is implemented,
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18:33 Nov 21, 2018
Jkt 247001
the legend would automatically be
removed from Rule 52.
2. Statutory Basis
Section 17A(b)(3)(F) of the Act 10
requires, in part, that the Rules be
designed to foster cooperation and
coordination with persons engaged in
the clearance and settlement of
securities transactions. NSCC believes
that the proposed rule change would
enhance the ability of data providers to
send, and for data receivers to access
and retrieve, Fund event notification
data in a standardized format and in a
centralized location. Currently, there is
not an industry-wide structured method
of providing such event notification
data, and data providers send, and data
receivers receive, such event
notifications in an inefficient and nonstandardized manner across the
industry. NSCC believes that the
proposed rule change would provide the
Fund industry a more efficient and
streamlined method for data providers
to communicate Fund event notification
data to data receivers. As such, NSCC
believes that the proposed rule change
would foster cooperation and
coordination among persons engaged in
the clearance and settlement of
securities, consistent with the
requirements of Section 17A(b)(3)(F) of
the Act.11
In addition, the proposed rule change
is designed to be consistent with Rule
17Ad–22(e)(21) promulgated under the
Act.12 Rule 17Ad–22(e)(21) requires
NSCC to, inter alia, establish,
implement, maintain and enforce
written policies and procedures
reasonably designed to be efficient and
effective in meeting the requirements of
its participants and the markets it
serves. The proposed rule change would
streamline the Fund event notifications
process, which would enhance (i)
efficiency in making such event
notifications by reducing reliance on
emails, faxes and phone calls for event
notifications, which are inconsistent
and a time consuming manual process,
and (ii) effectiveness in making such
event notifications by providing a
standardized format to send such event
notifications, which NSCC believes
would reduce errors in the event
notification process that occur as a
result of the current inconsistent and
unstructured event notification process.
Therefore, by establishing a more
efficient and effective process for data
providers to deliver, and data receivers
to receive, Fund event notifications,
10 15
U.S.C. 78q–1(b)(3)(F).
11 Id.
12 17
PO 00000
NSCC believes that the proposed change
is consistent with the requirements of
Rule 17Ad–22(e)(21), promulgated
under the Act.13
(B) Clearing Agency’s Statement on
Burden on Competition
NSCC does not believe that the
proposed rule change would have any
adverse impact, or impose any burden,
on competition because the proposed
rule change would add an optional
feature to NSCC’s services that would
provide data providers the ability to
send event notification data in a
standardized format. As an optional
feature available for subscription with
no additional fees, the proposed rule
change would not disproportionally
impact any NSCC participants.
Moreover, because the proposed rule
change would allow data providers to
more effectively communicate Fund
event notifications, NSCC believes the
proposed rule change would have a
positive effect on competition among
Fund industry participants. The
proposed feature would provide data
providers with a more efficient method
of distributing event notifications to
parties that need to see such
information in order to facilitate the
trading and processing of Fund
securities. NSCC believes this would
enhance competition among Funds and
Fund participants by allowing parties to
distribute such information more
quickly and in a more streamlined
manner.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants, or Others
NSCC has not received or solicited
any written comments relating to this
proposal. NSCC will notify the
Commission of any written comments
received by NSCC.
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 14 and paragraph (f) of Rule
19b–4 thereunder.15 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
13 Id.
14 15
CFR 240.17Ad–22(e)(21).
Frm 00075
Fmt 4703
Sfmt 4703
15 17
E:\FR\FM\23NON1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
23NON1
Federal Register / Vol. 83, No. 226 / Friday, November 23, 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–
NSCC–2018–010 on the subject line.
Paper Comments
amozie on DSK3GDR082PROD with NOTICES1
• 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–NSCC–2018–010. 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 NSCC 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–NSCC–
2018–010 and should be submitted on
or before December 14, 2018.
VerDate Sep<11>2014
18:33 Nov 21, 2018
Jkt 247001
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–25468 Filed 11–21–18; 8:45 am]
BILLING CODE 8011–01–P
59429
prepared summaries, set forth in
Sections A, B, and C below, of the most
significant aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–84612; File No. SR–BOX–
2018–35]
Self-Regulatory Organizations; BOX
Exchange LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Permit Up to Ten
Expiration Months for Long-Term
Options on the SPDR® S&P® 500
Exchange-Traded Fund Shares (‘‘SPY’’)
November 16, 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 November
16, 2018, BOX Exchange LLC
(‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the self-regulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
BOX Rule 5070 (Long-term Options
Contracts) to permit up to ten (10)
expiration months for long-term options
on SPY. The text of the proposed rule
change is available from the principal
office of the Exchange, at the
Commission’s Public Reference Room
and also on the Exchange’s internet
website at https://boxoptions.com.
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
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 self-regulatory organization has
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
The Exchange proposes to amend
BOX Rule 5070 (Long-term Options
Contracts) to permit up to ten (10) longterm options (‘‘LEAPS’’) expiration
months for options on SPY.3 BOX Rule
5070 currently provides that the
Exchange may list LEAPS that expire
from twelve (12) to one hundred eighty
(180) months from the time they are
listed; and there may be up to six (6)
expiration months.4 The Exchange
believes the proposal will add liquidity
to the SPY options market by allowing
market participants to hedge risks
relating to SPY positions over a longer
time period with a known and limited
cost. This is a filing that is based on a
proposal recently submitted by Nasdaq
PHLX LLC (‘‘Phlx’’).5
The SPY options market today is
characterized by its tremendous daily
and annual liquidity. As a consequence,
the Exchange believes that the listing of
additional SPY LEAPS expiration
months would be well received by
investors. This proposal to expand the
number of permitted SPY long-term
expiration months would not apply to
LEAPS on any other class of stock or
Exchange-Traded Fund Shares.6
Finally, BOX Rule 5070(a) currently
states that there may be ‘‘up to six (6)
additional expiration months.’’ Because
the rule does not specify which
expiration months the six months are in
addition to, and thus is ambiguous, the
Exchange proposes to delete the word
‘‘additional.’’ As amended, the rule
would clearly and simply provide that
the Exchange may list six expiration
months having from twelve (12) to one
3 In contrast to Rule 5070, Exchange Rule
6090(b)(1)(i), which applies to index options,
permits the Exchange to list LEAPS on any class of
index options, adding up to ten expiration months.
The Exchange seeks to list ten expiration months
of LEAPS on SPY, just as it now may list ten LEAPS
expiration months on index options, in order to
provide investors with a wider choice of
investments.
4 Strike price interval, bid/ask differential and
continuity rules shall not apply to such options
series until the time to expiration is less than nine
(9) months. See BOX Rule 5070(a).
5 See Securities Exchange Act Release No. 34–
84449 (October 18, 2018), 83 FR 53699 (SR–Phlx–
2018–64).
6 Historically, SPY is the largest and most actively
traded ETF in the United States as measured by its
assets under management and the value of shares
traded.
E:\FR\FM\23NON1.SGM
23NON1
Agencies
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Notices]
[Pages 59427-59429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25468]
[[Page 59427]]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-84611; File No. SR-NSCC-2018-010]
Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of a Proposed
Rule Change To Enhance the Mutual Fund Profile Service To Provide for
the Transmission of Event Notifications Through a New Feature Called MF
Info Xchange
November 16, 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 November 13, 2018, National Securities Clearing Corporation
(``NSCC'') 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.
NSCC filed the proposed rule change pursuant to Section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(4) thereunder.\4\ 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.
\3\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------
I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
The proposed rule change consists of modifications to NSCC's Rules
& Procedures (``Rules'') in order to reflect proposed enhancements to
NSCC's Mutual Fund Services.\5\ The proposed rule change would enhance
the Mutual Fund Profile Service (``MFPS'') \6\ of NSCC to provide for
the delivery and receipt of event notifications relating to funds and
pooled investment entities through a new feature called MF Info
Xchange, as described in greater detail below.
---------------------------------------------------------------------------
\5\ Capitalized terms used herein and not otherwise defined
shall have the meaning assigned to such terms in the Rules,
available at https://dtcc.com/~/media/Files/Downloads/legal/rules/
nscc_rules.pdf.
\6\ Section D of Rule 52, supra note 5.
---------------------------------------------------------------------------
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 modifications to the Rules in
order to reflect proposed enhancements to NSCC's Mutual Fund Services.
The proposed rule change would enhance MFPS to provide for the delivery
and receipt of event notifications relating to funds and pooled
investment entities through a new feature called MF Info Xchange, as
described in greater detail below.
(i) Background
In 1996, NSCC launched MFPS, providing participating Members with
an automated method of transmitting and receiving daily price and rate
information pertaining to funds and other pooled investment entities
(collectively referred hereto as ``Funds'') through a centralized and
standardized facility.\7\ In 1998, NSCC implemented three new databases
as part of MFPS, (i) the participant profile database, (ii) the
security issue profile database and (iii) the distribution declaration
information profile database,\8\ through which NSCC offers the Funds
industry a centralized repository for prospectus and operational
information relating to Fund securities, Fund distributions and Fund
processing capabilities.
---------------------------------------------------------------------------
\7\ Securities Exchange Act Release No. 37171 (May 8, 1996), 61
FR 24343 (May 14, 1996) (SR-NSCC-1996-04).
\8\ Securities Exchange Act Release No. 40614 (October 28,
1998), 63 FR 59615 (November 4, 1998) (SR-NSCC-1998-09).
---------------------------------------------------------------------------
MF Info Xchange would be a new feature of MFPS that would
facilitate communication of event notifications among Funds, their
principal underwriters or other entities authorized to process
transactions on behalf of Funds, that are Members, Mutual Fund/
Insurance Services Members, Investment Manager/Agent Members, TPP
Members, TPA Members, Data Services Only Members and Fund Members
(``data providers''), on the one hand, and the distribution partners of
the Funds, such as broker-dealers and banks that are NSCC Members \9\
and other third parties identified by the data providers to receive
event notifications (``data receivers''), on the other hand. On a daily
basis, data providers and data receivers exchange a number of event
notifications via email, fax and phone call outside of NSCC relating to
events affecting the Funds. Such event notifications include corporate
actions, such as Fund name changes, mergers, acquisitions and closures,
and other events, such as expense ratio changes and benchmark changes.
These event notifications are not standardized across the industry, and
data receivers do not currently have an efficient standardized method
to view and manage past and upcoming Fund events.
---------------------------------------------------------------------------
\9\ For purposes of this filing, ``NSCC Members'' shall mean
Members and Limited Members.
---------------------------------------------------------------------------
The mutual fund industry has requested that NSCC deliver a data
sharing solution for participants in the Fund industry to exchange such
event notifications, and create standardization to the event
notification process. The current event notification process is
inconsistent among data providers and data receivers, with data
providers sending event notifications using various methods without
standardized formats across the industry. The existing methods of
sending event notifications are often time consuming manual processes
that add risk and complexity by increasing the chance of manual errors
and leaving event notifications open to interpretation because of the
lack of standardized formats. MF Info Xchange has been developed with
the active participation of an industry working group to streamline the
delivery and receipt of various types of Fund event notifications to
provide a standardized method of sending event notifications.
Data providers using MF Info Xchange would be able to submit event
notifications for distribution, using data entry, uploads and other
input mechanisms, modify previously submitted event notifications, view
upcoming and past notifications and manage distribution lists. Upon
receipt of the event notification data through MF Info Xchange, NSCC
would create a unique ID associated with the event relating to the
notification, and track corrections and updates to the same event using
the same event ID. NSCC would also store the data in a data repository
for retrieval by NSCC Members. In addition, NSCC would distribute the
event notifications via email to a defined distribution list provided
by the data providers. Data providers could also indicate the NSCC
Members on the distribution list that could be given access to the
event notifications on the data repository. Such NSCC Members that have
subscribed to MF Info Xchange would have access to the data repository
to retrieve the event notifications and
[[Page 59428]]
updates to those event notifications from a centralized location.
NSCC Members would be able to use MF Info Xchange to transmit event
notifications for certain predefined event types. Upon the initial
launch, Fund mergers/acquisitions and Fund closures would be the only
event types for which event notifications could be sent using MF Info
Xchange. NSCC would announce by Important Notice posted on its website
any enhancements of MF Info Xchange that result in new event types
available for event notifications. Given the limited number of Fund
event types available for event notifications upon the launch of MF
Info Xchange, NSCC would not charge fees initially for the use of MF
Info Xchange. NSCC would file with the Commission an appropriate rule
change proposal to implement any fees for MF Info Xchange if NSCC adds
a fee for the feature.
(ii) Proposed Rule Changes
The proposed rule change would amend Rule 52 to state that NSCC
would provide MF Info Xchange to enable data providers that are
Members, Mutual Fund/Insurance Services Members, Investment Manager/
Agent Members, TPP Members, TPA Members, Data Services Only Members and
Fund Members to transmit event notifications relating to Funds to other
NSCC Members and to other third parties identified by the data
providers to receive the event notifications, or to otherwise supply
and provide access to event notifications directly to or from NSCC
through a data repository. The proposed rule change would provide that
NSCC may determine from time to time, and would announce by Important
Notice, which types of event notifications may be transmitted using MF
Info Xchange. The proposed rule change would provide that NSCC would
not be responsible for the completeness or accuracy of any event
notifications transmitted using MF Info Xchange nor for any errors,
omissions or delays that may occur relating to the event notifications.
(iii) Implementation Timeframe
NSCC expects to implement MF Info Xchange on November 29, 2018. As
proposed, a legend would be added to Rule 52 stating there are changes
that became effective upon filing with the Commission but have not yet
been implemented. The proposed legend also would include a date on
which such changes would be implemented and the file number of this
proposal, and state that, once this proposal is implemented, the legend
would automatically be removed from Rule 52.
2. Statutory Basis
Section 17A(b)(3)(F) of the Act \10\ requires, in part, that the
Rules be designed to foster cooperation and coordination with persons
engaged in the clearance and settlement of securities transactions.
NSCC believes that the proposed rule change would enhance the ability
of data providers to send, and for data receivers to access and
retrieve, Fund event notification data in a standardized format and in
a centralized location. Currently, there is not an industry-wide
structured method of providing such event notification data, and data
providers send, and data receivers receive, such event notifications in
an inefficient and non-standardized manner across the industry. NSCC
believes that the proposed rule change would provide the Fund industry
a more efficient and streamlined method for data providers to
communicate Fund event notification data to data receivers. As such,
NSCC believes that the proposed rule change would foster cooperation
and coordination among persons engaged in the clearance and settlement
of securities, consistent with the requirements of Section 17A(b)(3)(F)
of the Act.\11\
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\10\ 15 U.S.C. 78q-1(b)(3)(F).
\11\ Id.
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In addition, the proposed rule change is designed to be consistent
with Rule 17Ad-22(e)(21) promulgated under the Act.\12\ Rule 17Ad-
22(e)(21) requires NSCC to, inter alia, establish, implement, maintain
and enforce written policies and procedures reasonably designed to be
efficient and effective in meeting the requirements of its participants
and the markets it serves. The proposed rule change would streamline
the Fund event notifications process, which would enhance (i)
efficiency in making such event notifications by reducing reliance on
emails, faxes and phone calls for event notifications, which are
inconsistent and a time consuming manual process, and (ii)
effectiveness in making such event notifications by providing a
standardized format to send such event notifications, which NSCC
believes would reduce errors in the event notification process that
occur as a result of the current inconsistent and unstructured event
notification process. Therefore, by establishing a more efficient and
effective process for data providers to deliver, and data receivers to
receive, Fund event notifications, NSCC believes that the proposed
change is consistent with the requirements of Rule 17Ad-22(e)(21),
promulgated under the Act.\13\
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\12\ 17 CFR 240.17Ad-22(e)(21).
\13\ Id.
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(B) Clearing Agency's Statement on Burden on Competition
NSCC does not believe that the proposed rule change would have any
adverse impact, or impose any burden, on competition because the
proposed rule change would add an optional feature to NSCC's services
that would provide data providers the ability to send event
notification data in a standardized format. As an optional feature
available for subscription with no additional fees, the proposed rule
change would not disproportionally impact any NSCC participants.
Moreover, because the proposed rule change would allow data
providers to more effectively communicate Fund event notifications,
NSCC believes the proposed rule change would have a positive effect on
competition among Fund industry participants. The proposed feature
would provide data providers with a more efficient method of
distributing event notifications to parties that need to see such
information in order to facilitate the trading and processing of Fund
securities. NSCC believes this would enhance competition among Funds
and Fund participants by allowing parties to distribute such
information more quickly and in a more streamlined manner.
(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others
NSCC has not received or solicited any written comments relating to
this proposal. NSCC will notify the Commission of any written comments
received by NSCC.
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 \14\ and paragraph (f) of Rule 19b-4
thereunder.\15\ 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 59429]]
investors, or otherwise in furtherance of the purposes of the Act.
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\14\ 15 U.S.C. 78s(b)(3)(A).
\15\ 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-NSCC-2018-010 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-NSCC-2018-010. 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 NSCC 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-NSCC-2018-010 and should be submitted on
or before December 14, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Eduardo A. Aleman,
Assistant Secretary.
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\16\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2018-25468 Filed 11-21-18; 8:45 am]
BILLING CODE 8011-01-P