Self-Regulatory Organizations; The Depository Trust Company; Fixed Income Clearing Corporation; National Securities Clearing Corporation; Order Approving Proposed Rule Changes To Revise the Clearing Agency Investment Policy, 21392-21393 [2021-08305]
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21392
Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–91587; File Nos. SR–DTC–
2021–002; SR–FICC–2021–001; SR–NSCC–
2021–003]
Self-Regulatory Organizations; The
Depository Trust Company; Fixed
Income Clearing Corporation; National
Securities Clearing Corporation; Order
Approving Proposed Rule Changes To
Revise the Clearing Agency
Investment Policy
April 16, 2021.
On March 8, 2021, The Depository
Trust Company (‘‘DTC’’), Fixed Income
Clearing Corporation (‘‘FICC’’), and
National Securities Clearing Corporation
(‘‘NSCC,’’ each a ‘‘Clearing Agency,’’
and collectively, the ‘‘Clearing
Agencies’’), filed with the Securities and
Exchange Commission (‘‘Commission’’)
proposed rule changes SR–DTC–2021–
002; SR–FICC–2021–001; SR–NSCC–
2021–003, respectively, pursuant to
Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder.2 The proposed rule
changes were published for comment in
the Federal Register on March 16,
2021,3 and the Commission received no
comment letters regarding the proposed
rule changes. For the reasons discussed
below, the Commission is granting
approval of the proposed rule changes.4
I. Description of the Proposed Rule
Changes
A. Background
Each Clearing Agency has established
a Clearing Agency Investment Policy
(‘‘Investment Policy’’),5 which governs
the management, custody, and
investment of cash deposited to the DTC
Participants Fund and the respective
NSCC and FICC Clearing Funds,6 the
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release Nos. 91291
(March 10, 2021), 86 FR 14500 (March 16, 2021)
(SR–DTC–2021–002) (‘‘DTC Notice of Filing’’);
91292 (March 10, 2021), 86 FR 14503 (March 16,
2021) (SR–FICC–2021–001) (‘‘FICC Notice of
Filing’’); and 91293 (March 10, 2021), 86 FR 14506
(March 16, 2021) (SR–NSCC2021–003) (‘‘NSCC
Notice of Filing’’).
4 Capitalized terms not defined herein are defined
in the DTC Rules, By-laws and Organization
Certificate (‘‘DTC Rules’’), the Rules & Procedures
of NSCC (‘‘NSCC Rules’’), the Clearing Rules of the
Mortgage-Backed Securities Division of FICC
(‘‘MBSD Rules’’), or the Rulebook of the
Government Securities Division of FICC (‘‘GSD
Rules’’), as applicable, available at https://dtcc.com/
legal/rules-and-procedures.
5 See Securities Exchange Act Release No. 79528
(December 12, 2016), 81 FR 91232 (December 16,
2016) (SR–DTC–2016–007; SR–FICC–2016–005;
SR–NSCC–2016–003) (‘‘2016 Framework Order’’).
6 The DTC Participants Fund and the respective
Clearing Funds of NSCC and FICC are described
2 17
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19:20 Apr 21, 2021
Jkt 253001
proprietary liquid net assets (cash and
cash equivalents) of the Clearing
Agencies, and other funds held by the
Clearing Agencies pursuant to their
respective rules. The Investment Policy
states that it would adhere to a
conservative investment philosophy
that places the highest priority on
maximizing the liquidity and avoiding
risk to the funds in the custody of the
Clearing Agencies.7
The Investment Policy includes,
generally, a glossary of key terms, the
roles and responsibilities of DTCC staff
in administering the Investment Policy,
guiding principles for investments,
sources of investable funds, allowable
investments of those funds, limitations
on such investments, authority required
for those investments, and authority
required to exceed established
investment limits.8 In particular, the
Investment Policy provides that
allowable investments include bank
deposits, reverse repurchase
agreements, direct obligations of the
U.S. government, money market mutual
funds, high-grade corporate debt, and
hedge transactions.9
B. Settling Bank Deposit Investment
Limits
The Investment Policy sets forth the
investment limits applicable to bank
deposit investments. Currently, bank
deposit investment limits are
determined based on the bank
counterparty’s external credit rating.10
The Clearing Agencies propose to
revise the methodology for setting
investment limits on bank deposits with
a particular counterparty by including a
consideration of the size of the bank
counterparty, measured as the total
shareholders’ equity capital, in this
calculation. Under the proposed
methodology, an investment limit for a
bank deposit counterparty would
continue to be based on the
counterparty’s credit rating, but would
be the lower of (1) a percentage of its
total shareholders’ equity capital, and
(2) the applicable dollar value that is
currently in the Investment Policy. The
proposed approach would take into
account the size of a counterparty in
further in DTC Rules, NSCC Rules, MBSD Rules,
GSD Rules, respectively. See DTC Rules, Rule 4
(Participants Fund and Participants Investment);
NSCC Rules, Rule 4 (Clearing Fund); GSD Rules,
Rule 4 (Clearing Fund and Loss Allocation); MBSD
Rules, Rule 4 (Clearing Fund and Loss Allocation).
7 See 2016 Framework Order, 81 FR at 91233.
8 See 2016 Framework Order, 81 FR at 91232–33.
9 See DTC Notice of Filing, 86 FR at 14501; FICC
Notice of Filing, 86 FR at 14504; NSCC Notice of
Filing, 86 FR at 14506.
10 See DTC Notice of Filing, 86 FR at 14501; FICC
Notice of Filing, 86 FR at 14504; NSCC Notice of
Filing, 86 FR at 14507.
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
setting investment limits rather than
applying the same investment limits to
each counterparty with the same credit
rating without regard to the entity’s size.
C. Description of Investable Funds of
GSD
The Clearing Agencies also propose to
amend their respective Investment
Policy to revise the description of
investable funds of GSD. The current
term used in the Investment Policy,
‘‘GSD Forward Margin,’’ would be
changed to ‘‘GSD Forward Mark
Adjustment Payment.’’ The GSD Rules
define these funds as ‘‘Forward Mark
Adjustment Payment,’’ 11 and the
Clearing Agencies represent that the
proposed change is to harmonize the
terms used in the Investment Policy
with the GSD Rules, and prevent any
confusion about which funds are
investable by the Clearing Agencies
pursuant to the Investment Policy.12
II. Discussion and Commission
Findings
Section 19(b)(2)(C) of the Act 13
directs the Commission to approve a
proposed rule change of a selfregulatory organization if it finds that
such proposed rule change is consistent
with the requirements of the Act and
rules and regulations thereunder
applicable to such organization. After
careful consideration, the Commission
finds that the proposed rule changes are
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to the Clearing
Agencies. In particular, the Commission
finds that the proposed rule changes are
consistent with Section 17A(b)(3)(F) 14
of the Act and Rule 17Ad–22(e)(16)
thereunder.15
A. Consistency With Section
17A(b)(3)(F) of the Act
Section 17A(b)(3)(F) of the Act
requires, in part, that the rules of a
clearing agency be designed to assure
the safeguarding of securities and funds
which are in the custody or control of
the clearing agency or for which it is
responsible.16
The proposed changes would require
the Clearing Agencies to consider the
counterparty shareholders’ equity
capital in limiting investments for bank
deposit investments. By considering not
only the credit rating of a bank
11 See
GSD Rules, Rule 1 (Definitions).
DTC Notice of Filing, 86 FR at 14501; FICC
Notice of Filing, 86 FR at 14504; NSCC Notice of
Filing, 86 FR at 14507.
13 15 U.S.C. 78s(b)(2)(C).
14 15 U.S.C. 78q–1(b)(3)(F).
15 17 CFR 240.17Ad–22(e)(16).
16 15 U.S.C. 78q–1(b)(3)(F).
12 See
E:\FR\FM\22APN1.SGM
22APN1
Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
counterparty, but also the size of a bank
counterparty in setting its bank deposit
investment limit, the proposed change
would help the Clearing Agencies to cap
their exposure to smaller counterparties,
measured by their shareholders’ equity
capital. In turn, the proposed changes
should help the Clearing Agencies to
continue to adhere to the prudent and
conservative investment philosophy
that places the highest priority on
maximizing liquidity and risk
avoidance.
In addition, the proposed changes
would align the terminology used in the
Investment Policy with the terminology
used in the GSD Rules to clarify the
investable funds that are subject to the
Investment Policy. By eliminating
inconsistent use of terminology, the
proposed changes should help to
improve the effectiveness of the
Investment Policy.
Therefore, for the reasons stated
above, the Commission believes that the
proposed rule changes are designed to
assure the safeguarding of securities and
funds in the custody and control of the
Clearing Agencies consistent with the
requirements of Section 17A(b)(3)(F) of
the Act.17
B. Consistency With Rule 17Ad–
22(e)(16) Under the Act
Rule 17Ad–22(e)(16) under the Act
requires the Clearing Agencies to
establish, implement, maintain and
enforce written policies and procedures
reasonably designed to safeguard the
Clearing Agencies’ own and their
participants’ assets, minimize the risk of
loss and delay in access to these assets,
and invest such assets in instruments
with minimal credit, market, and
liquidity risks.18
As stated above, the proposed changes
would require the Clearing Agencies to
consider the counterparty shareholders’
equity capital in limiting investment for
bank deposit investments, and align the
description of investable funds of GSD
in the Investment Policy with the
description of these funds in the GSD
Rules to clarify the funds that are
subject to the Investment Policy. By
limiting the Clearing Agencies’ exposure
to smaller counterparties and removing
any confusion about which funds are
subject to the Investment Policy, the
proposed changes are designed to
strengthen the risk management
objectives, and improve the clarity, of
the Investment Policy.
Accordingly, the Commission believes
that the proposed changes are
reasonably designed to help safeguard
17 Id.
18 17
CFR 240.17Ad–22(e)(16).
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19:20 Apr 21, 2021
Jkt 253001
the Clearing Agencies’ own and their
participants’ assets, minimize the risk of
loss and delay in access to these assets,
and invest such assets in instruments
with minimal credit, market, and
liquidity risks, and is therefore
consistent with Rule 17Ad–22(e)(16)
under the Act.19
III. Conclusion
On the basis of the foregoing, the
Commission finds that the proposed
rule changes are consistent with the
requirements of the Act, and in
particular, with the requirements of
Section 17A of the Act,20 and the rules
and regulations promulgated
thereunder.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,21 that
proposed rule changes SR–DTC–2021–
002, SR–FICC–2021–001, SR–NSCC–
2021–003, be, and they hereby are,
Approved.22
For the Commission, by the Division
of Trading and Markets, pursuant to
delegated authority.23
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 2021–08305 Filed 4–21–21; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–91602; File No. SR–
NYSENAT–2021–09]
Self-Regulatory Organizations; NYSE
National, Inc.; Notice of Filing of
Proposed Rule Change To Amend the
Schedule of Wireless, Circuits, and
Non-Colocation Connectivity Services
Available at the Mahwah Data Center
April 16, 2021.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’),2 and Rule 19b–4 thereunder,3
notice is hereby given that on April 9,
2021, NYSE National, Inc. (‘‘NYSE
National’’ or ‘‘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 Exchange. The Commission is
publishing this notice to solicit
19 Id.
20 15
U.S.C. 78q–1.
U.S.C. 78s(b)(2).
22 In approving the proposed rule changes, the
Commission considered the proposals’ impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
23 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
21 15
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Sfmt 4703
21393
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
schedule of wireless, circuits, and noncolocation connectivity services
available at the Mahwah data center (the
‘‘Fee Schedule’’) to add services
available to customers in the meet me
rooms in the Mahwah data center and
procedures for the allocation of cabinets
and power to such customers. The
proposed rule change is available on the
Exchange’s website at www.nyse.com, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend the
Fee Schedule to add services available
to customers in the two meet me rooms
on the north and south sides of the
Mahwah data center (‘‘MMRs’’) and
procedures for the allocation of cabinets
and power to MMR customers.
The Exchange makes the current
proposal solely as a result of its
determination that the Commission’s
recent interpretations of the Act’s
definitions of the terms ‘‘exchange’’ and
‘‘facility,’’ as expressed in the Wireless
Approval Order,4 apply to the
connectivity services described herein
that are offered by entities other than
the Exchange. The Exchange disagrees
with the Commission’s interpretations,
4 See Securities Exchange Act Release No. 90209
(October 15, 2020), 85 FR 67044 (October 21, 2020)
(SR–NYSE–2020–05, SR–NYSEAMER–2020–05,
SR–NYSEArca–2020–08, SR–NYSECHX–2020–02,
SR–NYSENAT–2020–03, SR–NYSE–2020–11, SR–
NYSEAMER–2020–10, SR–NYSEArca–2020–15,
SR–NYSECHX–2020–05, SR–NYSENAT–2020–08)
(‘‘Wireless Approval Order’’).
E:\FR\FM\22APN1.SGM
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Agencies
[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21392-21393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08305]
[[Page 21392]]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-91587; File Nos. SR-DTC-2021-002; SR-FICC-2021-001; SR-
NSCC-2021-003]
Self-Regulatory Organizations; The Depository Trust Company;
Fixed Income Clearing Corporation; National Securities Clearing
Corporation; Order Approving Proposed Rule Changes To Revise the
Clearing Agency Investment Policy
April 16, 2021.
On March 8, 2021, The Depository Trust Company (``DTC''), Fixed
Income Clearing Corporation (``FICC''), and National Securities
Clearing Corporation (``NSCC,'' each a ``Clearing Agency,'' and
collectively, the ``Clearing Agencies''), filed with the Securities and
Exchange Commission (``Commission'') proposed rule changes SR-DTC-2021-
002; SR-FICC-2021-001; SR-NSCC-2021-003, respectively, pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder.\2\ The proposed rule changes were published
for comment in the Federal Register on March 16, 2021,\3\ and the
Commission received no comment letters regarding the proposed rule
changes. For the reasons discussed below, the Commission is granting
approval of the proposed rule changes.\4\
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release Nos. 91291 (March 10,
2021), 86 FR 14500 (March 16, 2021) (SR-DTC-2021-002) (``DTC Notice
of Filing''); 91292 (March 10, 2021), 86 FR 14503 (March 16, 2021)
(SR-FICC-2021-001) (``FICC Notice of Filing''); and 91293 (March 10,
2021), 86 FR 14506 (March 16, 2021) (SR-NSCC2021-003) (``NSCC Notice
of Filing'').
\4\ Capitalized terms not defined herein are defined in the DTC
Rules, By-laws and Organization Certificate (``DTC Rules''), the
Rules & Procedures of NSCC (``NSCC Rules''), the Clearing Rules of
the Mortgage-Backed Securities Division of FICC (``MBSD Rules''), or
the Rulebook of the Government Securities Division of FICC (``GSD
Rules''), as applicable, available at https://dtcc.com/legal/rules-and-procedures.
---------------------------------------------------------------------------
I. Description of the Proposed Rule Changes
A. Background
Each Clearing Agency has established a Clearing Agency Investment
Policy (``Investment Policy''),\5\ which governs the management,
custody, and investment of cash deposited to the DTC Participants Fund
and the respective NSCC and FICC Clearing Funds,\6\ the proprietary
liquid net assets (cash and cash equivalents) of the Clearing Agencies,
and other funds held by the Clearing Agencies pursuant to their
respective rules. The Investment Policy states that it would adhere to
a conservative investment philosophy that places the highest priority
on maximizing the liquidity and avoiding risk to the funds in the
custody of the Clearing Agencies.\7\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 79528 (December 12,
2016), 81 FR 91232 (December 16, 2016) (SR-DTC-2016-007; SR-FICC-
2016-005; SR-NSCC-2016-003) (``2016 Framework Order'').
\6\ The DTC Participants Fund and the respective Clearing Funds
of NSCC and FICC are described further in DTC Rules, NSCC Rules,
MBSD Rules, GSD Rules, respectively. See DTC Rules, Rule 4
(Participants Fund and Participants Investment); NSCC Rules, Rule 4
(Clearing Fund); GSD Rules, Rule 4 (Clearing Fund and Loss
Allocation); MBSD Rules, Rule 4 (Clearing Fund and Loss Allocation).
\7\ See 2016 Framework Order, 81 FR at 91233.
---------------------------------------------------------------------------
The Investment Policy includes, generally, a glossary of key terms,
the roles and responsibilities of DTCC staff in administering the
Investment Policy, guiding principles for investments, sources of
investable funds, allowable investments of those funds, limitations on
such investments, authority required for those investments, and
authority required to exceed established investment limits.\8\ In
particular, the Investment Policy provides that allowable investments
include bank deposits, reverse repurchase agreements, direct
obligations of the U.S. government, money market mutual funds, high-
grade corporate debt, and hedge transactions.\9\
---------------------------------------------------------------------------
\8\ See 2016 Framework Order, 81 FR at 91232-33.
\9\ See DTC Notice of Filing, 86 FR at 14501; FICC Notice of
Filing, 86 FR at 14504; NSCC Notice of Filing, 86 FR at 14506.
---------------------------------------------------------------------------
B. Settling Bank Deposit Investment Limits
The Investment Policy sets forth the investment limits applicable
to bank deposit investments. Currently, bank deposit investment limits
are determined based on the bank counterparty's external credit
rating.\10\
---------------------------------------------------------------------------
\10\ See DTC Notice of Filing, 86 FR at 14501; FICC Notice of
Filing, 86 FR at 14504; NSCC Notice of Filing, 86 FR at 14507.
---------------------------------------------------------------------------
The Clearing Agencies propose to revise the methodology for setting
investment limits on bank deposits with a particular counterparty by
including a consideration of the size of the bank counterparty,
measured as the total shareholders' equity capital, in this
calculation. Under the proposed methodology, an investment limit for a
bank deposit counterparty would continue to be based on the
counterparty's credit rating, but would be the lower of (1) a
percentage of its total shareholders' equity capital, and (2) the
applicable dollar value that is currently in the Investment Policy. The
proposed approach would take into account the size of a counterparty in
setting investment limits rather than applying the same investment
limits to each counterparty with the same credit rating without regard
to the entity's size.
C. Description of Investable Funds of GSD
The Clearing Agencies also propose to amend their respective
Investment Policy to revise the description of investable funds of GSD.
The current term used in the Investment Policy, ``GSD Forward Margin,''
would be changed to ``GSD Forward Mark Adjustment Payment.'' The GSD
Rules define these funds as ``Forward Mark Adjustment Payment,'' \11\
and the Clearing Agencies represent that the proposed change is to
harmonize the terms used in the Investment Policy with the GSD Rules,
and prevent any confusion about which funds are investable by the
Clearing Agencies pursuant to the Investment Policy.\12\
---------------------------------------------------------------------------
\11\ See GSD Rules, Rule 1 (Definitions).
\12\ See DTC Notice of Filing, 86 FR at 14501; FICC Notice of
Filing, 86 FR at 14504; NSCC Notice of Filing, 86 FR at 14507.
---------------------------------------------------------------------------
II. Discussion and Commission Findings
Section 19(b)(2)(C) of the Act \13\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Act and rules and regulations thereunder applicable
to such organization. After careful consideration, the Commission finds
that the proposed rule changes are consistent with the requirements of
the Act and the rules and regulations thereunder applicable to the
Clearing Agencies. In particular, the Commission finds that the
proposed rule changes are consistent with Section 17A(b)(3)(F) \14\ of
the Act and Rule 17Ad-22(e)(16) thereunder.\15\
---------------------------------------------------------------------------
\13\ 15 U.S.C. 78s(b)(2)(C).
\14\ 15 U.S.C. 78q-1(b)(3)(F).
\15\ 17 CFR 240.17Ad-22(e)(16).
---------------------------------------------------------------------------
A. Consistency With Section 17A(b)(3)(F) of the Act
Section 17A(b)(3)(F) of the Act requires, in part, that the rules
of a clearing agency be designed to assure the safeguarding of
securities and funds which are in the custody or control of the
clearing agency or for which it is responsible.\16\
---------------------------------------------------------------------------
\16\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------
The proposed changes would require the Clearing Agencies to
consider the counterparty shareholders' equity capital in limiting
investments for bank deposit investments. By considering not only the
credit rating of a bank
[[Page 21393]]
counterparty, but also the size of a bank counterparty in setting its
bank deposit investment limit, the proposed change would help the
Clearing Agencies to cap their exposure to smaller counterparties,
measured by their shareholders' equity capital. In turn, the proposed
changes should help the Clearing Agencies to continue to adhere to the
prudent and conservative investment philosophy that places the highest
priority on maximizing liquidity and risk avoidance.
In addition, the proposed changes would align the terminology used
in the Investment Policy with the terminology used in the GSD Rules to
clarify the investable funds that are subject to the Investment Policy.
By eliminating inconsistent use of terminology, the proposed changes
should help to improve the effectiveness of the Investment Policy.
Therefore, for the reasons stated above, the Commission believes
that the proposed rule changes are designed to assure the safeguarding
of securities and funds in the custody and control of the Clearing
Agencies consistent with the requirements of Section 17A(b)(3)(F) of
the Act.\17\
---------------------------------------------------------------------------
\17\ Id.
---------------------------------------------------------------------------
B. Consistency With Rule 17Ad-22(e)(16) Under the Act
Rule 17Ad-22(e)(16) under the Act requires the Clearing Agencies to
establish, implement, maintain and enforce written policies and
procedures reasonably designed to safeguard the Clearing Agencies' own
and their participants' assets, minimize the risk of loss and delay in
access to these assets, and invest such assets in instruments with
minimal credit, market, and liquidity risks.\18\
---------------------------------------------------------------------------
\18\ 17 CFR 240.17Ad-22(e)(16).
---------------------------------------------------------------------------
As stated above, the proposed changes would require the Clearing
Agencies to consider the counterparty shareholders' equity capital in
limiting investment for bank deposit investments, and align the
description of investable funds of GSD in the Investment Policy with
the description of these funds in the GSD Rules to clarify the funds
that are subject to the Investment Policy. By limiting the Clearing
Agencies' exposure to smaller counterparties and removing any confusion
about which funds are subject to the Investment Policy, the proposed
changes are designed to strengthen the risk management objectives, and
improve the clarity, of the Investment Policy.
Accordingly, the Commission believes that the proposed changes are
reasonably designed to help safeguard the Clearing Agencies' own and
their participants' assets, minimize the risk of loss and delay in
access to these assets, and invest such assets in instruments with
minimal credit, market, and liquidity risks, and is therefore
consistent with Rule 17Ad-22(e)(16) under the Act.\19\
---------------------------------------------------------------------------
\19\ Id.
---------------------------------------------------------------------------
III. Conclusion
On the basis of the foregoing, the Commission finds that the
proposed rule changes are consistent with the requirements of the Act,
and in particular, with the requirements of Section 17A of the Act,\20\
and the rules and regulations promulgated thereunder.
---------------------------------------------------------------------------
\20\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\21\ that proposed rule changes SR-DTC-2021-002, SR-FICC-2021-001,
SR-NSCC-2021-003, be, and they hereby are, Approved.\22\
---------------------------------------------------------------------------
\21\ 15 U.S.C. 78s(b)(2).
\22\ In approving the proposed rule changes, the Commission
considered the proposals' impact on efficiency, competition, and
capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------
\23\ 17 CFR 200.30-3(a)(12).
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 2021-08305 Filed 4-21-21; 8:45 am]
BILLING CODE 8011-01-P