Self-Regulatory Organizations; The Options Clearing Corporation; Notice of No Objection To Advance Notice Related to the Introduction of a New Liquidation Cost Model in The Options Clearing Corporation's Margin Methodology, 28368-28371 [2019-12884]
Download as PDF
28368
Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices
investment positions currently held by
the Funds. Applicants also seek relief
from the prohibitions on affiliated
transactions in section 17(a) to permit a
Fund to sell its shares to and redeem its
shares from a Fund of Funds, and to
engage in the accompanying in-kind
transactions with the Fund of Funds.3
The purchase of Creation Units by a
Fund of Funds directly from a Fund will
be accomplished in accordance with the
policies of the Fund of Funds and will
be based on the NAVs of the Funds.
9. Section 6(c) of the Act permits the
Commission to exempt any persons or
transactions from any provision of the
Act if such exemption is necessary or
appropriate in the public interest and
consistent with the protection of
investors and the purposes fairly
intended by the policy and provisions of
the Act. Section 12(d)(1)(J) of the Act
provides that the Commission may
exempt any person, security, or
transaction, or any class or classes of
persons, securities, or transactions, from
any provision of section 12(d)(1) if the
exemption is consistent with the public
interest and the protection of investors.
Section 17(b) of the Act authorizes the
Commission to grant an order
permitting a transaction otherwise
prohibited by section 17(a) if it finds
that (a) the terms of the proposed
transaction are fair and reasonable and
do not involve overreaching on the part
of any person concerned; (b) the
proposed transaction is consistent with
the policies of each registered
investment company involved; and (c)
the proposed transaction is consistent
with the general purposes of the Act.
For the Commission, by the Division of
Investment Management, under delegated
authority.
Eduardo A. Aleman,
Deputy Secretary.
jbell on DSK3GLQ082PROD with NOTICES
3 The requested relief would apply to direct sales
of shares in Creation Units by a Fund to a Fund of
Funds and redemptions of those shares. Applicants
are not seeking relief from section 17(a) for, and the
requested relief will not apply to, transactions
where a Fund could be deemed an Affiliated
Person, or a Second-Tier Affiliate, of a Fund of
Funds because an Adviser or an entity controlling,
controlled by or under common control with an
Adviser provides investment advisory services to
that Fund of Funds.
Jkt 247001
Self-Regulatory Organizations; The
Options Clearing Corporation; Notice
of No Objection To Advance Notice
Related to the Introduction of a New
Liquidation Cost Model in The Options
Clearing Corporation’s Margin
Methodology
June 13, 2019.
I. Introduction
On April 18, 2019, The Options
Clearing Corporation (‘‘OCC’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) advance
notice SR–OCC–2019–802 (‘‘Advance
Notice’’) pursuant to Section 806(e)(1) of
Title VIII of the Dodd-Frank Wall Street
Reform and Consumer Protection Act,
entitled Payment, Clearing and
Settlement Supervision Act of 2010
(‘‘Clearing Supervision Act’’) 1 and Rule
19b–4(n)(1)(i) 2 under the Securities
Exchange Act of 1934 (‘‘Exchange
Act’’) 3 to propose changes to its margin
methodology to introduce a new model
to estimate the liquidation cost for all
options and futures, as well as the
securities in margin collateral.4 The
Advance Notice was published for
public comment in the Federal Register
on May 21, 2019,5 and the Commission
has received no comments regarding the
proposal contained in the Advance
Notice.6 This publication serves as
notice of no objection to the Advance
Notice.
II. Background
The System for Theoretical Analysis
and Numerical Simulations (‘‘STANS’’)
is OCC’s methodology for calculating
U.S.C. 5465(e)(1).
CFR 240.19b–4(n)(1)(i).
3 15 U.S.C. 78a et seq.
4 See Notice of Filing infra note 5, at 83 FR 23090.
5 Securities Exchange Act Release No. 85863 (May
15, 2019), 83 FR 23090 (May 21, 2019) (SR–OCC–
2019–802) (‘‘Notice of Filing’’). On April 18, 2019,
OCC also filed a related proposed rule change (SR–
OCC–2019–004) with the Commission pursuant to
Section 19(b)(1) of the Exchange Act and Rule 19b–
4 thereunder, seeking approval of changes to its
rules necessary to implement the Advance Notice
(‘‘Proposed Rule Change’’), 15 U.S.C. 78s(b)(1) and
17 CFR 240.19b–4, respectively. The Proposed Rule
Change was published in the Federal Register on
May 6, 2019. Securities Exchange Act Release No.
85755 (Apr. 30, 2019), 84 FR 19815 (May 6, 2019).
The comment period for the related Proposed Rule
Change filing closed on May 27, 2019.
6 Since the proposal contained in the Advance
Notice was also filed as a proposed rule change, all
public comments received on the proposal are
considered regardless of whether the comments are
submitted on the proposed rule change or the
Advance Notice.
2 17
BILLING CODE 8011–01–P
17:23 Jun 17, 2019
[Release No. 34–86103; File No. SR–OCC–
2019–802]
1 12
[FR Doc. 2019–12781 Filed 6–17–19; 8:45 am]
VerDate Sep<11>2014
SECURITIES AND EXCHANGE
COMMISSION
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
margin requirements. OCC uses the
STANS methodology to measure the
exposure of portfolios of options and
futures cleared by OCC and of cash
instruments that are part of margin
collateral. STANS margin requirements
are intended to cover potential losses
due to price movements over a two-day
risk horizon; however, the current
STANS margin requirements do not
cover the potential additional
liquidation costs OCC may incur in
closing out a defaulted Clearing
Member’s portfolio.7 Closing out
positions in a defaulted Clearing
Member’s portfolio could entail selling
longs at the bid price and covering
shorts at the ask price. Additionally,
even well-hedged portfolios consisting
of offsetting longs and shorts would
require some cost to liquidate in the
event of a default. The process of
modeling liquidation costs is, therefore,
relevant to ensuring that OCC holds
sufficient financial resources to closeout the portfolio of a defaulted Clearing
Member.
OCC is proposing to introduce a new
model to its margin methodology to
estimate the liquidation cost for all
options and futures, as well as cash
instruments that are part of margin
collateral. According to OCC, the
purpose of this proposal is to collect
additional financial resources to guard
against potential shortfalls in margin
requirements that may arise due to the
costs of liquidating the portfolio of a
defaulted Clearing Member.8 The
liquidation cost charge would be an
add-on to all accounts incurring a
STANS margin charge. At a high level,
the proposed model would estimate the
cost to liquidate a portfolio based on the
mid-points of the bid-ask spreads for the
financial instruments within the
portfolio, and would scale up such
liquidation costs for large or
concentrated positions that would likely
be more expensive to close out.
OCC’s proposed liquidation cost
model would calculate liquidation costs
based on risk measures, gross contract
volumes, and market bid-ask spreads.
As described in the Advance Notice, the
7 OCC previously introduced a liquidation cost
model into STANS for risk managing only longdated options on the Standard & Poor’s (‘‘S&P’’) 500
index (‘‘SPX’’) that have a tenor of three-years or
more. See Securities Exchange Act Release No.
70719 (October 18, 2013), 78 FR 63548 (October 24,
2013) (SR–OCC–2013–16). Under the proposal
described in the Advance Notice, OCC would
replace the existing liquidation model for longdated SPX options with the proposed model. Longdated SPX options, however, constituted less than
0.5 percent of open interest in SPX options open
interest at the time of filing. See Notice of Filing,
84 FR at 23091, note 8.
8 See Notice of Filing, 84 FR at 23091.
E:\FR\FM\18JNN1.SGM
18JNN1
Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices
liquidation cost model would include
the following components: (1)
Calculation of liquidation costs for each
sub-portfolio (as described below),
which would then be aggregated at the
portfolio level; (2) calculation of
concentration charges that would be
applied to scale-up the liquidation costs
as appropriate; and (3) establishment of
the liquidation cost as a floor on a
Clearing Member’s margin
requirement.9
A. Liquidation Costs
The proposed model would calculate
two risk-based liquidation costs for a
portfolio: (1) The Vega 10 liquidation
cost (‘‘Vega LC’’), and (2) the Delta 11
liquidation cost (‘‘Delta LC’’). Options
products would incur both a Vega LC
and a Delta LC, while Delta-one
products,12 such as futures contracts,
Treasury securities, and equity
securities, would incur only a Delta LC.
The process of calculating the Vega
LC and the Delta LC for each portfolio
would require a series of steps,
beginning with the decomposition of
each portfolio into a set of sub-portfolios
based on the asset underlying each
instrument in the portfolio. Each subportfolio would represent a class of
instruments. As proposed, the model
would include 14 potential classes of
underlying assets based on the liquidity
of the assets within each class.13
jbell on DSK3GLQ082PROD with NOTICES
a. Vega Liquidation Cost
To calculate the Vega LC of a subportfolio, OCC would group contracts
within a sub-portfolio into ‘‘buckets’’
based on each contract’s combination of
tenor and Delta.14 OCC would then net
the long and the short positions down
9 OCC also proposes a conforming change to its
Margin Policy, which would reference OCC’s model
documentation.
10 The Vega of an option represents the sensitivity
of the option price to the volatility of the
underlying security.
11 The Delta of an option represents the
sensitivity of the option price to the price of the
underlying security.
12 A ‘‘Delta-one product’’ refers to a product for
which a change in the value of the underlying asset
results in a change of the same, or nearly the same,
proportion in the value of the product.
13 For example, equity securities would be
divided based on membership in commonly used
market indices (e.g., the S&P 100) or other market
liquidity measures, into liquidity classes (which
could include, but would not be limited to, High
Liquid Equities, Medium Liquid Equities, and Low
Liquid Equities).
14 For example, those options contracts with a
tenor of 1 month and a Delta between 0.25 and 0.75
could be grouped in one bucket within a subportfolio, while option contracts with a tenor of 3
month and a Delta between 0.25 and 0.75 would be
grouped in another bucket. The proposed model
would provide for 25 buckets (based on
combinations of tenor and Delta) for each subportfolio.
VerDate Sep<11>2014
17:23 Jun 17, 2019
Jkt 247001
to a single net Vega within each bucket.
Next, OCC would estimate the average
volatility spread (i.e., the estimated bidask spread on implied volatility) of the
contracts in each bucket.15 The Vega LC
of each bucket would be the net Vega
multiplied by the average volatility
spread of the bucket. The Vega LC of a
sub-portfolio would be the aggregated
Vega LCs of the buckets within that subportfolio. Similarly, the Vega LC of the
full portfolio would be the aggregated
Vega LCs of the sub-portfolios within
that portfolio.16
Under the proposed model, the Vega
LC calculation process could result in a
portfolio-level Vega LC of zero because
the process permits offsets between
contracts. To prevent such a result, OCC
proposes including a minimum Vega LC
based on the number of contracts in
each sub-portfolio. The minimum Vega
LC of a sub-portfolio would be the total
number of option contracts in the subportfolio multiplied by a fixed dollar
amount.17
b. Delta Liquidation Cost
Similar to the Vega LC process, the
model would calculate Delta LC for each
sub-portfolio, which would then be
aggregated at the portfolio level. OCC
would first identify and net down the
Delta of the positions within each subportfolio. For each sub-portfolio, OCC
would estimate a bid-ask price spread
(as a percentage). Such a percentage
would represent the cost of liquidating
one dollar unit of the underlying
security during a period of market
stress. The sub-portfolio Delta LC would
be the net dollar Delta of the subportfolio multiplied by the bid-ask price
spread percentage.18 The portfolio-level
15 Rather than recalibrate the volatility spread of
each bucket as current market conditions change,
the estimated volatility spread of each bucket
within a sub-portfolio would be calibrated based on
data from historical periods of market stress.
16 The process for aggregating Vega LCs, of both
sub-portfolios and portfolios, under the proposed
model is based on the correlations of either the
bucket or the sub-portfolio being aggregated. To
simplify the portfolio-level aggregation, the
proposed model would use a single correlation
value across all sub-portfolios in a given portfolio
rather than a correlation matrix. To account for
potential errors that could arise out of such a
simplification, the proposed model would require
the calculation of three portfolio-level Vega LCs
based on the three different correlation values (i.e.,
minimum, maximum, and average). The portfolio
Vega LC would be the highest of the three Vega LCs
calculated in this manner.
17 Specifically, the minimum cost rate would
initially be set as two dollars per contract, unless
the position is long and the net asset value per
contract is less than $2.00. (For a typical option
with a contract size of 100, this would occur if the
option was priced below $0.02.)
18 As described in the Notice of Filing, the
process for determining the Delta LC of a subportfolio of U.S. dollar Treasury bonds would be
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
28369
Delta LC would be the simple sum of
the sub-portfolio Delta LCs.
B. Concentration Charges
The proposed model would also
address the potential risks involved in
closing out large or concentrated
positions in a portfolio. The size of an
open position is typically measured
against the relevant instrument’s
average daily trading volume (‘‘ADV’’).
Closing out a position in excess of the
ADV would be expected to increase the
cost of liquidation. To account for such
considerations, the proposed model
incorporates a Vega concentration factor
and a Delta concentration factor. The
concentration factors would be used to
scale the Vega LCs and the Delta LCs of
each sub-portfolio and to take into
account the additional risk posed by
large or concentrated positions. The
concentration factor could increase, but
would not decrease the Vega LCs and
the Delta LCs.
C. Margin Floor
As noted above, the liquidation cost
charge (i.e., sum of the portfolio-level
Vega LC and Delta LC) would be applied
as an add-on to the STANS margin
requirement for each account. Because
STANS margin requirements are
intended to cover potential losses due to
price movements over a two-day risk
horizon, the STANS requirement for
well-hedged portfolios may be positive,
which could result in a margin credit
instead of a charge.
To account for the risk of potentially
liquidating a portfolio at current
(instead of two-day ahead) prices, OCC
proposes to design the model such that
it would not permit a margin credit to
offset a portfolio’s liquidation cost.
Under the proposal, therefore, the final
margin requirement for a portfolio could
not be lower than its liquidation cost
charge.
III. Discussion and Commission
Findings
Although the Clearing Supervision
Act does not specify a standard of
review for an advance notice, the stated
purpose of the Clearing Supervision Act
is instructive: To mitigate systemic risk
in the financial system and promote
financial stability by, among other
things, promoting uniform risk
management standards for systemically
important financial market utilities
(‘‘SIFMUs’’) and strengthening the
liquidity of SIFMUs.19
different. Specifically, it would be based on the sum
of Delta LCs across six tenor buckets. See Notice of
Filing, 84 FR at 23093.
19 See 12 U.S.C. 5461(b).
E:\FR\FM\18JNN1.SGM
18JNN1
28370
Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices
Section 805(a)(2) of the Clearing
Supervision Act 20 authorizes the
Commission to prescribe regulations
containing risk-management standards
for the payment, clearing, and
settlement activities of designated
clearing entities engaged in designated
activities for which the Commission is
the supervisory agency. Section 805(b)
of the Clearing Supervision Act 21
provides the following objectives and
principles for the Commission’s riskmanagement standards prescribed under
Section 805(a):
• To promote robust risk
management;
• to promote safety and soundness;
• to reduce systemic risks; and
• to support the stability of the
broader financial system.
Section 805(c) provides, in addition,
that the Commission’s risk-management
standards may address such areas as
risk-management and default policies
and procedures, among others areas.22
The Commission has adopted riskmanagement standards under Section
805(a)(2) of the Clearing Supervision
Act and Section 17A of the Exchange
Act (the ‘‘Clearing Agency Rules’’).23
The Clearing Agency Rules require,
among other things, each covered
clearing agency to establish, implement,
maintain, and enforce written policies
and procedures that are reasonably
designed to meet certain minimum
requirements for its operations and riskmanagement practices on an ongoing
basis.24 As such, it is appropriate for the
Commission to review advance notices
against the Clearing Agency Rules and
the objectives and principles of these
risk management standards as described
in Section 805(b) of the Clearing
Supervision Act. As discussed below,
the Commission believes the proposal in
the Advance Notice is consistent with
the objectives and principles described
in Section 805(b) of the Clearing
Supervision Act,25 and in the Clearing
Agency Rules, in particular Rule 17Ad–
22(e)(6)(i).26
20 12
U.S.C. 5464(a)(2).
U.S.C. 5464(b).
22 12 U.S.C. 5464(c).
23 17 CFR 240.17Ad–22. See Securities Exchange
Act Release No. 68080 (October 22, 2012), 77 FR
66220 (November 2, 2012) (S7–08–11). See also
Securities Exchange Act Release No. 78961
(September 28, 2016), 81 FR 70786 (October 13,
2016) (S7–03–14) (‘‘Covered Clearing Agency
Standards’’). The Commission established an
effective date of December 12, 2016 and a
compliance date of April 11, 2017 for the Covered
Clearing Agency Standards. OCC is a ‘‘covered
clearing agency’’ as defined in Rule 17Ad–22(a)(5).
24 17 CFR 240.17Ad–22.
25 12 U.S.C. 5464(b).
26 17 CFR 240.17Ad–22(e)(6)(i).
jbell on DSK3GLQ082PROD with NOTICES
21 12
VerDate Sep<11>2014
17:23 Jun 17, 2019
Jkt 247001
A. Consistency With Section 805(b) of
the Clearing Supervision Act
The Commission believes that the
Advance Notice is consistent with the
stated objectives and principles of
Section 805(b) of the Clearing
Supervision Act. First, the Commission
believes that adoption of the proposed
liquidation cost model would be
consistent with the promotion of robust
risk management at OCC in several
ways. In closing out a defaulted Clearing
Member’s portfolio, OCC would likely
incur costs associated with the
liquidation process. OCC’s current
margin methodology calculates margin
requirements designed to cover
potential losses due to price movements
over a two-day risk horizon. It is not
designed, however, to account for
liquidation costs that OCC could incur
in the process of closing out a defaulted
Clearing Member’s portfolio. As
described above, OCC proposes to adopt
a model designed to estimate the margin
necessary to cover liquidation costs that
OCC could incur when closing out a
defaulted Clearing Member’s portfolio.
Adopting a model that allows for
measurement of a risk not captured
elsewhere in OCC’s margin
methodology would provide for more
comprehensive management of OCC’s
risks in managing a Clearing Member
default.
Moreover, the Commission believes
that the inclusion of concentration
charges in the proposed liquidation cost
model would also be consistent with the
promotion of robust risk management at
OCC. The cost of liquidating a defaulted
Clearing Member’s portfolio is, in part,
a function of market prices and market
depth present at the time of the Clearing
Member’s default. The process of
liquidating on a compressed timeframe
a large or concentrated position during
such a period could negatively affect
such market prices for OCC. In
recognition of such costs, OCC proposes
to use concentration factors to scale up
both the Vega LCs and Delta LCs based
on the size of a defaulted Clearing
Member’s positions relative to the
average daily volume of the financial
instruments in the defaulted Clearing
Member’s portfolio. Including
concentration charges in OCC’s
proposed liquidation cost model would
be consistent with the promotion of
robust risk management by
acknowledging and attempting to
address issues of market depth in the
model.
In addition, the Commission believes
that the use of the proposed liquidation
cost model to create a margin floor
would be consistent with promoting
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
robust risk management at OCC. OCC’s
margin methodology may produce a
credit for well-hedged portfolios
because it is focused on the potential
losses resulting from price movements
over a two-day risk horizon. OCC could,
however, incur costs in the process of
closing out a defaulted Clearing
Member’s portfolio at current prices,
rather than prices two days into the
future. OCC’s proposal acknowledges
this potential gap by requiring that a
Clearing Member post, at a minimum,
margin to cover the liquidation cost of
its portfolio. Adopting rules designed to
cover costs that OCC may incur in
closing out a defaulted Clearing
Member’s portfolio at current prices, in
addition to potential future losses,
would be consistent with the promotion
of robust risk management at OCC by
increasing the likelihood that OCC
would have sufficient financial
resources to manage the default of a
Clearing Member.
Second, the Commission believes that
enhancing OCC’s ability to manage the
default of a Clearing Member through
the calculation of liquidation costs and
the use of concentration charges to take
into account the additional risk posed
by large or concentrated positions to
OCC would be consistent with the
promotion of safety and soundness. The
OCC would apply concentration charges
to increase the Vega LCs and Delta LCs
relative to the size and concentration of
positions within a Clearing Member’s
portfolio. The Commission believes that
setting the proposed model as a margin
floor would also be consistent with the
promotion of safety and soundness. The
amendments to the margin model
proposed in the Advance Notice should
provide OCC with additional resources
on which it could rely to manage the
potential credit losses arising out of the
default of a Clearing Member. By
increasing its available financial
resources, OCC would decrease the
likelihood that a default would exceed
OCC’s resources and threaten the safety
and soundness of OCC’s ongoing
operations.
Finally, the Commission believes that
the proposal is generally consistent with
reducing systemic risk and supporting
the broader financial system. As
discussed above, OCC proposes to
identify and manage the potential cost
of liquidating a defaulted Clearing
Member’s portfolio. OCC’s estimation of
such potential costs would be calibrated
based on historical periods of market
stress. OCC proposes to collect
resources designed to cover such costs
in the form of margin. Collecting
additional margin to support OCC’s
ability to close out a default Clearing
E:\FR\FM\18JNN1.SGM
18JNN1
Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Notices
jbell on DSK3GLQ082PROD with NOTICES
Member’s portfolio during a period of
market stress could reduce the
potentiality that OCC would mutualize
a loss arising out of the close-out
process. While unavoidable under
certain circumstances, reducing the
potentiality of loss mutualization during
periods of market stress could reduce
the potential knock-on effects to nondefaulting Clearing Members, their
customers and the broader options
market arising out of a Clearing Member
default. The Commission believes,
therefore, that adoption of a liquidation
cost model calibrated based on periods
of market stress would be consistent
with the reduction of systemic risk and
supporting the stability of the broader
financial system.
Accordingly, and for the reasons
stated above, the Commission believes
the changes proposed in the Advance
Notice are consistent with Section
805(b) of the Clearing Supervision
Act.27
B. Consistency With Rule 17Ad–
22(e)(6)(i) Under the Exchange Act
Rule 17Ad–22(e)(6)(i) under the
Exchange Act requires, in part, that a
covered clearing agency establish,
implement, maintain, and enforce
written policies and procedures
reasonably designed to cover, if the
covered clearing agency provides
central counterparty services, its credit
exposures to its participants by
establishing a risk-based margin system
that, at a minimum, considers, and
produces margin levels commensurate
with, the risks and particular attributes
of each relevant product, portfolio, and
market.28
As described above, the liquidation
cost that OCC could incur in the process
of closing out a Clearing Member’s
portfolio is, in part, a function of the
spread between the bid and the ask
prices of financial instruments within
the portfolio. The STANS methodology
attempts to address potential losses
resulting from changes in price over a
two-day period. As described above,
however, STANS is not designed to
account for liquidation costs. OCC’s
proposed model would be designed to
account for particular attributes of the
products in a defaulted Clearing
Member’s portfolio, including the bidask spreads and average daily volume of
such products.29 Further, the proposal
would acknowledge the purpose of the
proposed liquidation cost model as
27 12
U.S.C. 5464(b).
CFR 240.17Ad–22(e)(6)(i).
29 As noted above, OCC proposes to incorporate
the proposed model into its margin methodology
documentation and to reference the margin add-on
in its Margin Policy.
28 17
VerDate Sep<11>2014
17:23 Jun 17, 2019
Jkt 247001
distinct from the STANS methodology
by using the proposed liquidation cost
model as a floor on a Clearing Member’s
margin requirements.
OCC’s proposal would be tailored to
the particular attributes of products in a
Clearing Member’s portfolio. As
described above, OCC would use the
proposed model to calculate two riskbased liquidation costs for each
portfolio: (1) The Vega LC and (2) the
Delta LC.30 The Commission believes,
therefore, that the adoption of the
proposed liquidation cost model
designed to produce margin levels
commensurate with the risks of
liquidating a Clearing Member’s
portfolio is consistent with Exchange
Act Rule 17Ad–22(e)(6)(i).31
IV. Conclusion
It is therefore noticed, pursuant to
Section 806(e)(1)(I) of the Clearing
Supervision Act, that the Commission
does not object to Advance Notice (SR–
OCC–2019–802) and that OCC is
authorized to implement the proposed
change as of the date of this notice or
the date of an order by the Commission
approving proposed rule change SR–
OCC–2019–004, whichever is later.
By the Commission.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019–12884 Filed 6–17–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–86091; File No. SR–FINRA–
2019–012]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Designation
of a Longer Period for Commission
Action on a Proposed Rule Change To
Amend FINRA Rule 5110 (Corporate
Financing Rule—Underwriting Terms
and Arrangements) To Make
Substantive, Organizational and
Terminology Changes
June 12, 2019.
On April 11, 2019, Financial Industry
Regulatory Authority, Inc. (‘‘FINRA’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
30 Options products would incur both a Vega LC
and a Delta LC, while Delta-one products such as
futures contracts, Treasury securities, and equity
securities would incur only a Delta LC.
31 17 CFR 240.17Ad–22(e)(6)(i).
1 15 U.S.C. 78s(b)(1).
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
28371
19b–4 thereunder,2 a proposed rule
change to amend FINRA Rule 5110
(Corporate Financing Rule—
Underwriting Terms and Arrangements)
(the ‘‘Rule’’) to make substantive,
organizational and terminology changes
to the Rule. The proposed rule change
was published for comment in the
Federal Register on May 1, 2019.3 The
Commission has received six comment
letters on the proposal.4
Section 19(b)(2) of the Act 5 provides
that, within 45 days of publication of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it find such longer period to
be appropriate and publishes its reasons
for so finding, or as to which the selfregulatory organization consents, the
Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day after
publication of the notice for this
proposed rule change is June 15, 2019.
The Commission is extending this 45day time period.
The Commission finds it appropriate
to designate a longer period within
which to take action on the proposed
rule change so that it has sufficient time
to consider the proposed rule change.6
Accordingly, the Commission,
pursuant to Section 19(b)(2) of the Act,7
designates July 30, 2019, as the date by
which the Commission shall either
approve or disapprove, or institute
proceedings to determine whether to
2 17
CFR 240.19b–4.
Securities Exchange Act Release No. 85715
(April 25, 2019), 84 FR 18592.
4 See Letter from Suzanne Rothwell, Managing
Member, Rothwell Consulting LLC, to Secretary,
Commission, dated May 14, 2019; letter from Stuart
J. Kaswell, Esq., to Vanessa Countryman, Acting
Director, Commission, dated May 17, 2019; letter
from Eversheds Sutherland (US) LLP, on behalf of
the Committee of Annuity Insurers, to Brent J.
Fields, Secretary, Commission, dated May 21, 2019;
letter from Aseel Rabie, Managing Director and
Associate General Counsel, Securities Industry and
Financial Markets Association, to Vanessa
Countryman, Acting Secretary, Commission, dated
May 30, 2019; letter from Robert E. Buckholz, Chair,
Federal Regulation of Securities Committee, ABA
Business Law Section, American Bar Association, to
Vanessa Countryman, Acting Secretary,
Commission, dated May 30, 2019; letter from Davis
Polk & Wardwell LLP, to Vanessa Countryman,
Acting Secretary, Commission, dated June 5, 2019.
5 15 U.S.C. 78s(b)(2).
6 Also, by letter dated June 6, 2019, FINRA
consented to extending to July 30, 2019 the time
period for Commission action on SR–FINRA–2019–
012. See https://www.finra.org/sites/default/files/
rule_filing_file/SR-FINRA-2019-012-Extension1.pdf.
7 15 U.S.C. 78s(b)(2).
3 See
E:\FR\FM\18JNN1.SGM
18JNN1
Agencies
[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Pages 28368-28371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12884]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-86103; File No. SR-OCC-2019-802]
Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of No Objection To Advance Notice Related to the Introduction of
a New Liquidation Cost Model in The Options Clearing Corporation's
Margin Methodology
June 13, 2019.
I. Introduction
On April 18, 2019, The Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') advance
notice SR-OCC-2019-802 (``Advance Notice'') pursuant to Section
806(e)(1) of Title VIII of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, entitled Payment, Clearing and Settlement
Supervision Act of 2010 (``Clearing Supervision Act'') \1\ and Rule
19b-4(n)(1)(i) \2\ under the Securities Exchange Act of 1934
(``Exchange Act'') \3\ to propose changes to its margin methodology to
introduce a new model to estimate the liquidation cost for all options
and futures, as well as the securities in margin collateral.\4\ The
Advance Notice was published for public comment in the Federal Register
on May 21, 2019,\5\ and the Commission has received no comments
regarding the proposal contained in the Advance Notice.\6\ This
publication serves as notice of no objection to the Advance Notice.
---------------------------------------------------------------------------
\1\ 12 U.S.C. 5465(e)(1).
\2\ 17 CFR 240.19b-4(n)(1)(i).
\3\ 15 U.S.C. 78a et seq.
\4\ See Notice of Filing infra note 5, at 83 FR 23090.
\5\ Securities Exchange Act Release No. 85863 (May 15, 2019), 83
FR 23090 (May 21, 2019) (SR-OCC-2019-802) (``Notice of Filing''). On
April 18, 2019, OCC also filed a related proposed rule change (SR-
OCC-2019-004) with the Commission pursuant to Section 19(b)(1) of
the Exchange Act and Rule 19b-4 thereunder, seeking approval of
changes to its rules necessary to implement the Advance Notice
(``Proposed Rule Change''), 15 U.S.C. 78s(b)(1) and 17 CFR 240.19b-
4, respectively. The Proposed Rule Change was published in the
Federal Register on May 6, 2019. Securities Exchange Act Release No.
85755 (Apr. 30, 2019), 84 FR 19815 (May 6, 2019). The comment period
for the related Proposed Rule Change filing closed on May 27, 2019.
\6\ Since the proposal contained in the Advance Notice was also
filed as a proposed rule change, all public comments received on the
proposal are considered regardless of whether the comments are
submitted on the proposed rule change or the Advance Notice.
---------------------------------------------------------------------------
II. Background
The System for Theoretical Analysis and Numerical Simulations
(``STANS'') is OCC's methodology for calculating margin requirements.
OCC uses the STANS methodology to measure the exposure of portfolios of
options and futures cleared by OCC and of cash instruments that are
part of margin collateral. STANS margin requirements are intended to
cover potential losses due to price movements over a two-day risk
horizon; however, the current STANS margin requirements do not cover
the potential additional liquidation costs OCC may incur in closing out
a defaulted Clearing Member's portfolio.\7\ Closing out positions in a
defaulted Clearing Member's portfolio could entail selling longs at the
bid price and covering shorts at the ask price. Additionally, even
well-hedged portfolios consisting of offsetting longs and shorts would
require some cost to liquidate in the event of a default. The process
of modeling liquidation costs is, therefore, relevant to ensuring that
OCC holds sufficient financial resources to close-out the portfolio of
a defaulted Clearing Member.
---------------------------------------------------------------------------
\7\ OCC previously introduced a liquidation cost model into
STANS for risk managing only long-dated options on the Standard &
Poor's (``S&P'') 500 index (``SPX'') that have a tenor of three-
years or more. See Securities Exchange Act Release No. 70719
(October 18, 2013), 78 FR 63548 (October 24, 2013) (SR-OCC-2013-16).
Under the proposal described in the Advance Notice, OCC would
replace the existing liquidation model for long-dated SPX options
with the proposed model. Long-dated SPX options, however,
constituted less than 0.5 percent of open interest in SPX options
open interest at the time of filing. See Notice of Filing, 84 FR at
23091, note 8.
---------------------------------------------------------------------------
OCC is proposing to introduce a new model to its margin methodology
to estimate the liquidation cost for all options and futures, as well
as cash instruments that are part of margin collateral. According to
OCC, the purpose of this proposal is to collect additional financial
resources to guard against potential shortfalls in margin requirements
that may arise due to the costs of liquidating the portfolio of a
defaulted Clearing Member.\8\ The liquidation cost charge would be an
add-on to all accounts incurring a STANS margin charge. At a high
level, the proposed model would estimate the cost to liquidate a
portfolio based on the mid-points of the bid-ask spreads for the
financial instruments within the portfolio, and would scale up such
liquidation costs for large or concentrated positions that would likely
be more expensive to close out.
---------------------------------------------------------------------------
\8\ See Notice of Filing, 84 FR at 23091.
---------------------------------------------------------------------------
OCC's proposed liquidation cost model would calculate liquidation
costs based on risk measures, gross contract volumes, and market bid-
ask spreads. As described in the Advance Notice, the
[[Page 28369]]
liquidation cost model would include the following components: (1)
Calculation of liquidation costs for each sub-portfolio (as described
below), which would then be aggregated at the portfolio level; (2)
calculation of concentration charges that would be applied to scale-up
the liquidation costs as appropriate; and (3) establishment of the
liquidation cost as a floor on a Clearing Member's margin
requirement.\9\
---------------------------------------------------------------------------
\9\ OCC also proposes a conforming change to its Margin Policy,
which would reference OCC's model documentation.
---------------------------------------------------------------------------
A. Liquidation Costs
The proposed model would calculate two risk-based liquidation costs
for a portfolio: (1) The Vega \10\ liquidation cost (``Vega LC''), and
(2) the Delta \11\ liquidation cost (``Delta LC''). Options products
would incur both a Vega LC and a Delta LC, while Delta-one
products,\12\ such as futures contracts, Treasury securities, and
equity securities, would incur only a Delta LC.
---------------------------------------------------------------------------
\10\ The Vega of an option represents the sensitivity of the
option price to the volatility of the underlying security.
\11\ The Delta of an option represents the sensitivity of the
option price to the price of the underlying security.
\12\ A ``Delta-one product'' refers to a product for which a
change in the value of the underlying asset results in a change of
the same, or nearly the same, proportion in the value of the
product.
---------------------------------------------------------------------------
The process of calculating the Vega LC and the Delta LC for each
portfolio would require a series of steps, beginning with the
decomposition of each portfolio into a set of sub-portfolios based on
the asset underlying each instrument in the portfolio. Each sub-
portfolio would represent a class of instruments. As proposed, the
model would include 14 potential classes of underlying assets based on
the liquidity of the assets within each class.\13\
---------------------------------------------------------------------------
\13\ For example, equity securities would be divided based on
membership in commonly used market indices (e.g., the S&P 100) or
other market liquidity measures, into liquidity classes (which could
include, but would not be limited to, High Liquid Equities, Medium
Liquid Equities, and Low Liquid Equities).
---------------------------------------------------------------------------
a. Vega Liquidation Cost
To calculate the Vega LC of a sub-portfolio, OCC would group
contracts within a sub-portfolio into ``buckets'' based on each
contract's combination of tenor and Delta.\14\ OCC would then net the
long and the short positions down to a single net Vega within each
bucket. Next, OCC would estimate the average volatility spread (i.e.,
the estimated bid-ask spread on implied volatility) of the contracts in
each bucket.\15\ The Vega LC of each bucket would be the net Vega
multiplied by the average volatility spread of the bucket. The Vega LC
of a sub-portfolio would be the aggregated Vega LCs of the buckets
within that sub-portfolio. Similarly, the Vega LC of the full portfolio
would be the aggregated Vega LCs of the sub-portfolios within that
portfolio.\16\
---------------------------------------------------------------------------
\14\ For example, those options contracts with a tenor of 1
month and a Delta between 0.25 and 0.75 could be grouped in one
bucket within a sub-portfolio, while option contracts with a tenor
of 3 month and a Delta between 0.25 and 0.75 would be grouped in
another bucket. The proposed model would provide for 25 buckets
(based on combinations of tenor and Delta) for each sub-portfolio.
\15\ Rather than recalibrate the volatility spread of each
bucket as current market conditions change, the estimated volatility
spread of each bucket within a sub-portfolio would be calibrated
based on data from historical periods of market stress.
\16\ The process for aggregating Vega LCs, of both sub-
portfolios and portfolios, under the proposed model is based on the
correlations of either the bucket or the sub-portfolio being
aggregated. To simplify the portfolio-level aggregation, the
proposed model would use a single correlation value across all sub-
portfolios in a given portfolio rather than a correlation matrix. To
account for potential errors that could arise out of such a
simplification, the proposed model would require the calculation of
three portfolio-level Vega LCs based on the three different
correlation values (i.e., minimum, maximum, and average). The
portfolio Vega LC would be the highest of the three Vega LCs
calculated in this manner.
---------------------------------------------------------------------------
Under the proposed model, the Vega LC calculation process could
result in a portfolio-level Vega LC of zero because the process permits
offsets between contracts. To prevent such a result, OCC proposes
including a minimum Vega LC based on the number of contracts in each
sub-portfolio. The minimum Vega LC of a sub-portfolio would be the
total number of option contracts in the sub-portfolio multiplied by a
fixed dollar amount.\17\
---------------------------------------------------------------------------
\17\ Specifically, the minimum cost rate would initially be set
as two dollars per contract, unless the position is long and the net
asset value per contract is less than $2.00. (For a typical option
with a contract size of 100, this would occur if the option was
priced below $0.02.)
---------------------------------------------------------------------------
b. Delta Liquidation Cost
Similar to the Vega LC process, the model would calculate Delta LC
for each sub-portfolio, which would then be aggregated at the portfolio
level. OCC would first identify and net down the Delta of the positions
within each sub-portfolio. For each sub-portfolio, OCC would estimate a
bid-ask price spread (as a percentage). Such a percentage would
represent the cost of liquidating one dollar unit of the underlying
security during a period of market stress. The sub-portfolio Delta LC
would be the net dollar Delta of the sub-portfolio multiplied by the
bid-ask price spread percentage.\18\ The portfolio-level Delta LC would
be the simple sum of the sub-portfolio Delta LCs.
---------------------------------------------------------------------------
\18\ As described in the Notice of Filing, the process for
determining the Delta LC of a sub-portfolio of U.S. dollar Treasury
bonds would be different. Specifically, it would be based on the sum
of Delta LCs across six tenor buckets. See Notice of Filing, 84 FR
at 23093.
---------------------------------------------------------------------------
B. Concentration Charges
The proposed model would also address the potential risks involved
in closing out large or concentrated positions in a portfolio. The size
of an open position is typically measured against the relevant
instrument's average daily trading volume (``ADV''). Closing out a
position in excess of the ADV would be expected to increase the cost of
liquidation. To account for such considerations, the proposed model
incorporates a Vega concentration factor and a Delta concentration
factor. The concentration factors would be used to scale the Vega LCs
and the Delta LCs of each sub-portfolio and to take into account the
additional risk posed by large or concentrated positions. The
concentration factor could increase, but would not decrease the Vega
LCs and the Delta LCs.
C. Margin Floor
As noted above, the liquidation cost charge (i.e., sum of the
portfolio-level Vega LC and Delta LC) would be applied as an add-on to
the STANS margin requirement for each account. Because STANS margin
requirements are intended to cover potential losses due to price
movements over a two-day risk horizon, the STANS requirement for well-
hedged portfolios may be positive, which could result in a margin
credit instead of a charge.
To account for the risk of potentially liquidating a portfolio at
current (instead of two-day ahead) prices, OCC proposes to design the
model such that it would not permit a margin credit to offset a
portfolio's liquidation cost. Under the proposal, therefore, the final
margin requirement for a portfolio could not be lower than its
liquidation cost charge.
III. Discussion and Commission Findings
Although the Clearing Supervision Act does not specify a standard
of review for an advance notice, the stated purpose of the Clearing
Supervision Act is instructive: To mitigate systemic risk in the
financial system and promote financial stability by, among other
things, promoting uniform risk management standards for systemically
important financial market utilities (``SIFMUs'') and strengthening the
liquidity of SIFMUs.\19\
---------------------------------------------------------------------------
\19\ See 12 U.S.C. 5461(b).
---------------------------------------------------------------------------
[[Page 28370]]
Section 805(a)(2) of the Clearing Supervision Act \20\ authorizes
the Commission to prescribe regulations containing risk-management
standards for the payment, clearing, and settlement activities of
designated clearing entities engaged in designated activities for which
the Commission is the supervisory agency. Section 805(b) of the
Clearing Supervision Act \21\ provides the following objectives and
principles for the Commission's risk-management standards prescribed
under Section 805(a):
---------------------------------------------------------------------------
\20\ 12 U.S.C. 5464(a)(2).
\21\ 12 U.S.C. 5464(b).
---------------------------------------------------------------------------
To promote robust risk management;
to promote safety and soundness;
to reduce systemic risks; and
to support the stability of the broader financial system.
Section 805(c) provides, in addition, that the Commission's risk-
management standards may address such areas as risk-management and
default policies and procedures, among others areas.\22\
---------------------------------------------------------------------------
\22\ 12 U.S.C. 5464(c).
---------------------------------------------------------------------------
The Commission has adopted risk-management standards under Section
805(a)(2) of the Clearing Supervision Act and Section 17A of the
Exchange Act (the ``Clearing Agency Rules'').\23\ The Clearing Agency
Rules require, among other things, each covered clearing agency to
establish, implement, maintain, and enforce written policies and
procedures that are reasonably designed to meet certain minimum
requirements for its operations and risk-management practices on an
ongoing basis.\24\ As such, it is appropriate for the Commission to
review advance notices against the Clearing Agency Rules and the
objectives and principles of these risk management standards as
described in Section 805(b) of the Clearing Supervision Act. As
discussed below, the Commission believes the proposal in the Advance
Notice is consistent with the objectives and principles described in
Section 805(b) of the Clearing Supervision Act,\25\ and in the Clearing
Agency Rules, in particular Rule 17Ad-22(e)(6)(i).\26\
---------------------------------------------------------------------------
\23\ 17 CFR 240.17Ad-22. See Securities Exchange Act Release No.
68080 (October 22, 2012), 77 FR 66220 (November 2, 2012) (S7-08-11).
See also Securities Exchange Act Release No. 78961 (September 28,
2016), 81 FR 70786 (October 13, 2016) (S7-03-14) (``Covered Clearing
Agency Standards''). The Commission established an effective date of
December 12, 2016 and a compliance date of April 11, 2017 for the
Covered Clearing Agency Standards. OCC is a ``covered clearing
agency'' as defined in Rule 17Ad-22(a)(5).
\24\ 17 CFR 240.17Ad-22.
\25\ 12 U.S.C. 5464(b).
\26\ 17 CFR 240.17Ad-22(e)(6)(i).
---------------------------------------------------------------------------
A. Consistency With Section 805(b) of the Clearing Supervision Act
The Commission believes that the Advance Notice is consistent with
the stated objectives and principles of Section 805(b) of the Clearing
Supervision Act. First, the Commission believes that adoption of the
proposed liquidation cost model would be consistent with the promotion
of robust risk management at OCC in several ways. In closing out a
defaulted Clearing Member's portfolio, OCC would likely incur costs
associated with the liquidation process. OCC's current margin
methodology calculates margin requirements designed to cover potential
losses due to price movements over a two-day risk horizon. It is not
designed, however, to account for liquidation costs that OCC could
incur in the process of closing out a defaulted Clearing Member's
portfolio. As described above, OCC proposes to adopt a model designed
to estimate the margin necessary to cover liquidation costs that OCC
could incur when closing out a defaulted Clearing Member's portfolio.
Adopting a model that allows for measurement of a risk not captured
elsewhere in OCC's margin methodology would provide for more
comprehensive management of OCC's risks in managing a Clearing Member
default.
Moreover, the Commission believes that the inclusion of
concentration charges in the proposed liquidation cost model would also
be consistent with the promotion of robust risk management at OCC. The
cost of liquidating a defaulted Clearing Member's portfolio is, in
part, a function of market prices and market depth present at the time
of the Clearing Member's default. The process of liquidating on a
compressed timeframe a large or concentrated position during such a
period could negatively affect such market prices for OCC. In
recognition of such costs, OCC proposes to use concentration factors to
scale up both the Vega LCs and Delta LCs based on the size of a
defaulted Clearing Member's positions relative to the average daily
volume of the financial instruments in the defaulted Clearing Member's
portfolio. Including concentration charges in OCC's proposed
liquidation cost model would be consistent with the promotion of robust
risk management by acknowledging and attempting to address issues of
market depth in the model.
In addition, the Commission believes that the use of the proposed
liquidation cost model to create a margin floor would be consistent
with promoting robust risk management at OCC. OCC's margin methodology
may produce a credit for well-hedged portfolios because it is focused
on the potential losses resulting from price movements over a two-day
risk horizon. OCC could, however, incur costs in the process of closing
out a defaulted Clearing Member's portfolio at current prices, rather
than prices two days into the future. OCC's proposal acknowledges this
potential gap by requiring that a Clearing Member post, at a minimum,
margin to cover the liquidation cost of its portfolio. Adopting rules
designed to cover costs that OCC may incur in closing out a defaulted
Clearing Member's portfolio at current prices, in addition to potential
future losses, would be consistent with the promotion of robust risk
management at OCC by increasing the likelihood that OCC would have
sufficient financial resources to manage the default of a Clearing
Member.
Second, the Commission believes that enhancing OCC's ability to
manage the default of a Clearing Member through the calculation of
liquidation costs and the use of concentration charges to take into
account the additional risk posed by large or concentrated positions to
OCC would be consistent with the promotion of safety and soundness. The
OCC would apply concentration charges to increase the Vega LCs and
Delta LCs relative to the size and concentration of positions within a
Clearing Member's portfolio. The Commission believes that setting the
proposed model as a margin floor would also be consistent with the
promotion of safety and soundness. The amendments to the margin model
proposed in the Advance Notice should provide OCC with additional
resources on which it could rely to manage the potential credit losses
arising out of the default of a Clearing Member. By increasing its
available financial resources, OCC would decrease the likelihood that a
default would exceed OCC's resources and threaten the safety and
soundness of OCC's ongoing operations.
Finally, the Commission believes that the proposal is generally
consistent with reducing systemic risk and supporting the broader
financial system. As discussed above, OCC proposes to identify and
manage the potential cost of liquidating a defaulted Clearing Member's
portfolio. OCC's estimation of such potential costs would be calibrated
based on historical periods of market stress. OCC proposes to collect
resources designed to cover such costs in the form of margin.
Collecting additional margin to support OCC's ability to close out a
default Clearing
[[Page 28371]]
Member's portfolio during a period of market stress could reduce the
potentiality that OCC would mutualize a loss arising out of the close-
out process. While unavoidable under certain circumstances, reducing
the potentiality of loss mutualization during periods of market stress
could reduce the potential knock-on effects to non-defaulting Clearing
Members, their customers and the broader options market arising out of
a Clearing Member default. The Commission believes, therefore, that
adoption of a liquidation cost model calibrated based on periods of
market stress would be consistent with the reduction of systemic risk
and supporting the stability of the broader financial system.
Accordingly, and for the reasons stated above, the Commission
believes the changes proposed in the Advance Notice are consistent with
Section 805(b) of the Clearing Supervision Act.\27\
---------------------------------------------------------------------------
\27\ 12 U.S.C. 5464(b).
---------------------------------------------------------------------------
B. Consistency With Rule 17Ad-22(e)(6)(i) Under the Exchange Act
Rule 17Ad-22(e)(6)(i) under the Exchange Act requires, in part,
that a covered clearing agency establish, implement, maintain, and
enforce written policies and procedures reasonably designed to cover,
if the covered clearing agency provides central counterparty services,
its credit exposures to its participants by establishing a risk-based
margin system that, at a minimum, considers, and produces margin levels
commensurate with, the risks and particular attributes of each relevant
product, portfolio, and market.\28\
---------------------------------------------------------------------------
\28\ 17 CFR 240.17Ad-22(e)(6)(i).
---------------------------------------------------------------------------
As described above, the liquidation cost that OCC could incur in
the process of closing out a Clearing Member's portfolio is, in part, a
function of the spread between the bid and the ask prices of financial
instruments within the portfolio. The STANS methodology attempts to
address potential losses resulting from changes in price over a two-day
period. As described above, however, STANS is not designed to account
for liquidation costs. OCC's proposed model would be designed to
account for particular attributes of the products in a defaulted
Clearing Member's portfolio, including the bid-ask spreads and average
daily volume of such products.\29\ Further, the proposal would
acknowledge the purpose of the proposed liquidation cost model as
distinct from the STANS methodology by using the proposed liquidation
cost model as a floor on a Clearing Member's margin requirements.
---------------------------------------------------------------------------
\29\ As noted above, OCC proposes to incorporate the proposed
model into its margin methodology documentation and to reference the
margin add-on in its Margin Policy.
---------------------------------------------------------------------------
OCC's proposal would be tailored to the particular attributes of
products in a Clearing Member's portfolio. As described above, OCC
would use the proposed model to calculate two risk-based liquidation
costs for each portfolio: (1) The Vega LC and (2) the Delta LC.\30\ The
Commission believes, therefore, that the adoption of the proposed
liquidation cost model designed to produce margin levels commensurate
with the risks of liquidating a Clearing Member's portfolio is
consistent with Exchange Act Rule 17Ad-22(e)(6)(i).\31\
---------------------------------------------------------------------------
\30\ Options products would incur both a Vega LC and a Delta LC,
while Delta-one products such as futures contracts, Treasury
securities, and equity securities would incur only a Delta LC.
\31\ 17 CFR 240.17Ad-22(e)(6)(i).
---------------------------------------------------------------------------
IV. Conclusion
It is therefore noticed, pursuant to Section 806(e)(1)(I) of the
Clearing Supervision Act, that the Commission does not object to
Advance Notice (SR-OCC-2019-802) and that OCC is authorized to
implement the proposed change as of the date of this notice or the date
of an order by the Commission approving proposed rule change SR-OCC-
2019-004, whichever is later.
By the Commission.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-12884 Filed 6-17-19; 8:45 am]
BILLING CODE 8011-01-P