Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Make Administrative Updates to DTC's Rules, Organization Certificate, and Certain Service Guides, 21214-21216 [2023-07413]
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21214
Federal Register / Vol. 88, No. 68 / Monday, April 10, 2023 / Notices
officer of the Commission to represent
the interests of the general public in the
proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
the Commission’s website (https://
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any,
can be accessed through compliance
with the requirements of 39 CFR
3011.301.1
The Commission invites comments on
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
with the policies of title 39. For
request(s) that the Postal Service states
concern Market Dominant product(s),
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
U.S.C. 3642, 39 CFR part 3030, and 39
CFR part 3040, subpart B. For request(s)
that the Postal Service states concern
Competitive product(s), applicable
statutory and regulatory requirements
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3035, and
39 CFR part 3040, subpart B. Comment
deadline(s) for each request appear in
section II.
ddrumheller on DSK120RN23PROD with NOTICES1
II. Docketed Proceeding(s)
1. Docket No(s).: MC2023–130 and
CP2023–133; Filing Title: USPS Request
to Add Priority Mail Express, Priority
Mail, First-Class Package Service &
Parcel Select Contract 112 to
Competitive Product List and Notice of
Filing Materials Under Seal; Filing
Acceptance Date: April 4, 2023; Filing
Authority: 39 U.S.C. 3642, 39 CFR
3040.130 through 3040.135, and 39 CFR
3035.105; Public Representative: Arif
Hafiz; Comments Due: April 12, 2023.
2. Docket No(s).: MC2023–131 and
CP2023–134; Filing Title: USPS Request
to Add Priority Mail Express, Priority
Mail, First-Class Package Service &
Parcel Select Contract 113 to
Competitive Product List and Notice of
Filing Materials Under Seal; Filing
Acceptance Date: April 4, 2023; Filing
Authority: 39 U.S.C. 3642, 39 CFR
3040.130 through 3040.135, and 39 CFR
3035.105; Public Representative:
Jennaca D. Upperman; Comments Due:
April 12, 2023.
1 See Docket No. RM2018–3, Order Adopting
Final Rules Relating to Non-Public Information,
June 27, 2018, Attachment A at 19–22 (Order No.
4679).
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This Notice will be published in the
Federal Register.
Mallory Richards,
Attorney-Advisor.
[FR Doc. 2023–07434 Filed 4–7–23; 8:45 am]
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–97250; File No. SR–DTC–
2023–004]
Self-Regulatory Organizations; The
Depository Trust Company; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Make
Administrative Updates to DTC’s
Rules, Organization Certificate, and
Certain Service Guides
April 4, 2023.
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 March 28,
2023, The Depository Trust Company
(‘‘DTC’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change as described
in Items I, II and III below, which Items
have been prepared by the clearing
agency. DTC filed the proposed rule
change pursuant to Section 19(b)(3)(A)
of the Act 3 and Rule 19b–4(f)(3)
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 5 would (i)
update the Rules to reflect the change in
address of DTC’s principal office from
55 Water Street, New York, NY 10041
(‘‘55 Water’’) to 140 58th Street,
Brooklyn, NY 11220 (‘‘140 Brooklyn’’)
in DTC’s Organization Certificate; (ii)
update Rule 2 to remove a reference to
55 Water and provide an email address
for Participants and Pledgees to send a
copy of any notices to DTC; (iii) update
the Important Legal Information
disclaimers of DTC’s ClaimConnectTM
Service Guide, Custody Service Guide,
1 15
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)(3).
5 Each capitalized term not otherwise defined
herein has its respective meaning as set forth in the
Rules, By-Laws and Organization Certificate of DTC
(the ‘‘Rules’’), ClaimConnectTM Service Guide,
Custody Service Guide, Deposits Service Guide,
Distributions Service Guide, and Settlement Service
Guide, as applicable, available at https://
www.dtcc.com/legal/rules-and-procedures.aspx.
2 17
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Deposits Service Guide, and Settlement
Service Guide to provide more
appropriate URL addresses and remove
references to DTCC Learning that are no
longer applicable, and in the
ClaimConnect Service Guide and
Settlement Service Guide, delete an
errant copyright mark at the end of the
DTCC Learning reference; (iv) update
DTC’s Distributions Service Guide to
correct a technical error in an address
provided; and (v) update DTC’s Deposits
Service Guide to change the mailing
address for assignments to Cede & Co.
from Box 20, Bowling Green Station,
New York, NY 10274 (‘‘Bowling Green’’)
to 570 Washington Blvd., Jersey City, NJ
07310 (‘‘570 Washington’’), as described
in greater detail below.
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 would (i)
update the Rules to reflect the change in
address of DTC’s principal office from
55 Water to 140 Brooklyn in DTC’s
Organization Certificate; (ii) update Rule
2 to remove a reference to 55 Water and
provide an email address for
Participants and Pledgees to send a copy
of any notices to DTC; (iii) update the
Important Legal Information disclaimers
of DTC’s ClaimConnectTM Service
Guide, Custody Service Guide, Deposits
Service Guide, and Settlement Service
Guide to provide more appropriate URL
addresses and remove references to
DTCC Learning that are no longer
applicable, and in the ClaimConnect
Service Guide and Settlement Service
Guide, delete an errant copyright mark
at the end of the DTCC Learning
reference; (iv) update DTC’s
Distributions Service Guide to correct a
technical error in an address provided;
and (v) update DTC’s Deposits Service
Guide to change the mailing address for
assignments to Cede & Co. from Bowling
Green to 570 Washington, as described
in greater detail below.
E:\FR\FM\10APN1.SGM
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Federal Register / Vol. 88, No. 68 / Monday, April 10, 2023 / Notices
end of the DTCC Learning reference in
the Important Legal Information
disclaimer would be deleted.
Proposed Updates to the Rules
Organization Certificate
DTC proposes to update its
Organization Certificate, which
currently states that DTC’s principal
office is located at 55 Water. DTC is
vacating 55 Water and relocating its
principal office to 140 Brooklyn. As
such, DTC would update its
Organization Certificate to state 140
Brooklyn as the location of its new
principal office.
Rule 2
DTC proposes to revise Section 4 of
Rule 2 (Participants and Pledgees),
which currently provides that any
notice from a Participant or Pledgee to
DTC, including any notice under any
agreement between DTC and a
Participant or Pledgee, shall be
sufficiently served on DTC if the notice
is in writing and delivered or mailed to
DTC at 55 Water. DTC would update
this provision by replacing 55 Water
with ‘‘its principal office,’’ and adding
an email address for sending a copy of
notices to DTC’s General Counsel’s
Office.
ddrumheller on DSK120RN23PROD with NOTICES1
Proposed Updates to DTC Service
Guides
ClaimConnect Service Guide, Custody
Service Guide, Deposits Service Guide,
and Settlement Service Guide
Currently, the Important Legal
Information disclaimers at the beginning
of the ClaimConnect Service Guide,
Custody Service Guide, Deposit Service
Guide, and Settlement Service Guide
each provide, inter alia, information
about where to access the applicable
service guide (as well as DTC’s other
service guides) and DTC Important
Notices. Those disclaimers also state
that inquiries about DTC’s service
guides should be directed to DTCC
Learning at 55 Water and provide a
specific email address.
The proposed rule change would
update the Important Legal Information
disclaimers of each of those four service
guides to provide more appropriate URL
addresses for accessing the DTC service
guides and Important Notices, and to
remove references to contacting DTCC
Learning because DTCC Learning is no
longer a central resource for fielding
general inquiries regarding the service
guides themselves. Rather, inquiries
regarding the services covered in the
guides should be directed to the
appropriate resources for the related
services, as already identified
throughout the service guides.
Additionally, in the ClaimConnect
Service Guide and Settlement Service
Guide, an errant copyright mark at the
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Jkt 259001
Distributions Service Guide
Currently, the DTC Distributions
Service Guide lists the address of DTC’s
Central Delivery Department as 570
Washington Street, Jersey City, NJ
(emphasis added). However, ‘‘Street’’ is
incorrect—it should be ‘‘Boulevard.’’ As
such, the proposed rule change would
update the address from ‘‘Street’’ to
‘‘Blvd.’’ and add the corresponding zip
code of 07310.
Deposits Service Guide
Currently, the DTC Deposits Service
Guide lists the address for assignments
to Cede & Co. as Bowling Green. The
proposed rule change would update the
address from Bowling Green to 570
Washington.
2. Statutory Basis
Section 17A(b)(3)(F) of the Act
requires that the rules of the clearing
agency be designed, inter alia, to
promote the prompt and accurate
clearance and settlement of securities
transactions.6 DTC believes the
proposed rule change is consistent with
the Section 17A(b)(3)(F) of the Act.
As described above, the proposed rule
change would (i) update DTC’s
Organization Certificate to reflect the
new location of DTC’s principal office;
(ii) update Rule 2 to remove a reference
to 55 Water and to add an email address
for sending copies of notices to DTC’s
General Counsel’s Office; (iii) update
the Important Legal Information
disclaimers of the ClaimConnect Service
Guide, Custody Service Guide, Deposits
Service Guide, and Settlement Service
Guide to provide more appropriate URL
addresses for accessing DTC’s service
guides and Important Notices, and
remove obsolete references to DTCC
Learning, and in the ClaimConnect
Service Guide and Settlement Service
Guide, delete an errant copyright mark
at the end of the DTCC Learning
reference; (iv) update the Distributions
Service Guide to make a technical
correction to an address provided; and
(v) update the Deposits Service Guide to
provide the updated mailing address for
assignments to Cede & Co.
Each of these proposed changes is
intended to provide users of DTC’s
services with more current and accurate
information, thus enabling users to be
better informed on how and where they
should engage DTC regarding their use
of DTC services for securities
transactions. Therefore, DTC believes
6 15
PO 00000
U.S.C. 78q–1(b)(3)(F).
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21215
that the proposed rule change would
help promote the prompt and accurate
clearance and settlement of securities
transactions, consistent with the
requirements of the Act, in particular
Section 17A(b)(3)(F) of the Act, cited
above.
(B) Clearing Agency’s Statement on
Burden on Competition
DTC does not believe that the
proposed rule change would have any
impact or impose any burden on
competition because, as described
above, the proposed rule change simply
updates certain contact and reference
information and makes technical
corrections, none of which should have
any competitive impact on Participants
or their use of DTC services.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants, or Others
DTC has not received or solicited any
written comments relating to this
proposal. If any written comments are
received, DTC will amend this filing to
publicly file such comments as an
Exhibit 2 to this filing, as required by
Form 19b–4 and the General
Instructions thereto.
Persons submitting written comments
are cautioned that, according to Section
IV (Solicitation of Comments) of the
Exhibit 1A in the General Instructions to
Form 19b–4, the Commission does not
edit personal identifying information
from comment submissions.
Commenters should submit only
information that they wish to make
available publicly, including their
name, email address, and any other
identifying information.
All prospective commenters should
follow the Commission’s instructions on
How to Submit Comments, available at
https://www.sec.gov/regulatory-actions/
how-to-submit-comments. General
questions regarding the rule filing
process or logistical questions regarding
this filing should be directed to the
Main Office of the Commission’s
Division of Trading and Markets at
tradingandmarkets@sec.gov or 202–
551–5777.
DTC reserves the right to not respond
to any comments received.
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) 7 of the Act and paragraph
7 15
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U.S.C. 78s(b)(3)(A).
10APN1
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Federal Register / Vol. 88, No. 68 / Monday, April 10, 2023 / Notices
(f) 8 of Rule 19b–4 thereunder. 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 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:
ddrumheller on DSK120RN23PROD with NOTICES1
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
DTC–2023–004 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549.
All submissions should refer to File
Number SR–DTC–2023–004. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of DTC and on DTCC’s website
(https://dtcc.com/legal/sec-rulefilings.aspx). All comments received
will be posted without change. Persons
submitting comments are cautioned that
8 17
CFR 240.19b–4(f).
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18:13 Apr 07, 2023
Jkt 259001
we do not redact or edit personal
identifying information from comment
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–DTC–
2023–004 and should be submitted on
or before May 1, 2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–07413 Filed 4–7–23; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–97249; File No. SR–NSCC–
2023–004]
Self-Regulatory Organizations;
National Securities Clearing
Corporation; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Make Administrative
Updates to NSCC’s Rules and
Certificate of Incorporation
April 4, 2023.
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 March 30,
2023, 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)(3) 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 5 would (i)
revise NSCC’s Certificate of
Incorporation 6 to update NSCC’s
registered agent upon whom process
against NSCC may be served and (ii)
update the Rules to provide an email
9 17
CFR 200.30–3(a)(12).
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)(3).
5 Capitalized terms not defined herein are defined
in NSCC’s Rules & Procedures (‘‘Rules’’), available
at https://www.dtcc.com/legal/rules-andprocedures.
6 NSCC’s Certificate of Incorporation is available
at https://www.dtcc.com/legal/rules-and-procedures.
1 15
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
address for sending a copy of any
notices to NSCC, as described in greater
detail below.
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 would (i)
revise NSCC’s Certificate of
Incorporation to update NSCC’s
registered agent upon whom process
against NSCC may be served and (ii)
update the Rules to provide an email
address for sending copies of any notice
to NSCC, as described in greater detail
below.
Proposed Updates to NSCC’s Certificate
of Incorporation
NSCC’s Certificate of Incorporation
currently states that the Secretary of
State is NSCC’s designated agent for
service of process, and that copies of
any process against NSCC shall be
mailed to NSCC at 55 Water Street, New
York, NY 10041 (‘‘55 Water’’). With
NSCC’s upcoming departure from 55
Water, NSCC would amend its
Certificate of Incorporation to appoint C
T Corporation System as its registered
agent upon whom process against NSCC
may be served, and provide C T
Corporation System’s address.
Proposed Updates to Rule 45
NSCC proposes to revise Section 2 of
Rule 45 (Notices), which currently
provides that any notice from an
Interested Person to NSCC shall be
sufficiently served on NSCC if the
notice is in writing and delivered or
mailed to NSCC at its principal place of
business. NSCC would update this
section to provide an email address for
sending a copy of notices to NSCC’s
General Counsel’s Office.
2. Statutory Basis
Section 17A(b)(3)(F) of the Act
requires that the rules of the clearing
agency be designed, inter alia, to
promote the prompt and accurate
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Agencies
[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21214-21216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07413]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-97250; File No. SR-DTC-2023-004]
Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Make Administrative Updates to DTC's Rules, Organization
Certificate, and Certain Service Guides
April 4, 2023.
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 March 28, 2023, The Depository Trust Company (``DTC'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II and III below, which Items have
been prepared by the clearing agency. DTC filed the proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(3) 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)(3).
---------------------------------------------------------------------------
I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change
The proposed rule change \5\ would (i) update the Rules to reflect
the change in address of DTC's principal office from 55 Water Street,
New York, NY 10041 (``55 Water'') to 140 58th Street, Brooklyn, NY
11220 (``140 Brooklyn'') in DTC's Organization Certificate; (ii) update
Rule 2 to remove a reference to 55 Water and provide an email address
for Participants and Pledgees to send a copy of any notices to DTC;
(iii) update the Important Legal Information disclaimers of DTC's
ClaimConnect\TM\ Service Guide, Custody Service Guide, Deposits Service
Guide, and Settlement Service Guide to provide more appropriate URL
addresses and remove references to DTCC Learning that are no longer
applicable, and in the ClaimConnect Service Guide and Settlement
Service Guide, delete an errant copyright mark at the end of the DTCC
Learning reference; (iv) update DTC's Distributions Service Guide to
correct a technical error in an address provided; and (v) update DTC's
Deposits Service Guide to change the mailing address for assignments to
Cede & Co. from Box 20, Bowling Green Station, New York, NY 10274
(``Bowling Green'') to 570 Washington Blvd., Jersey City, NJ 07310
(``570 Washington''), as described in greater detail below.
---------------------------------------------------------------------------
\5\ Each capitalized term not otherwise defined herein has its
respective meaning as set forth in the Rules, By-Laws and
Organization Certificate of DTC (the ``Rules''), ClaimConnect\TM\
Service Guide, Custody Service Guide, Deposits Service Guide,
Distributions Service Guide, and Settlement Service Guide, as
applicable, available at https://www.dtcc.com/legal/rules-and-procedures.aspx.
---------------------------------------------------------------------------
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 would (i) update the Rules to reflect the
change in address of DTC's principal office from 55 Water to 140
Brooklyn in DTC's Organization Certificate; (ii) update Rule 2 to
remove a reference to 55 Water and provide an email address for
Participants and Pledgees to send a copy of any notices to DTC; (iii)
update the Important Legal Information disclaimers of DTC's
ClaimConnect\TM\ Service Guide, Custody Service Guide, Deposits Service
Guide, and Settlement Service Guide to provide more appropriate URL
addresses and remove references to DTCC Learning that are no longer
applicable, and in the ClaimConnect Service Guide and Settlement
Service Guide, delete an errant copyright mark at the end of the DTCC
Learning reference; (iv) update DTC's Distributions Service Guide to
correct a technical error in an address provided; and (v) update DTC's
Deposits Service Guide to change the mailing address for assignments to
Cede & Co. from Bowling Green to 570 Washington, as described in
greater detail below.
[[Page 21215]]
Proposed Updates to the Rules
Organization Certificate
DTC proposes to update its Organization Certificate, which
currently states that DTC's principal office is located at 55 Water.
DTC is vacating 55 Water and relocating its principal office to 140
Brooklyn. As such, DTC would update its Organization Certificate to
state 140 Brooklyn as the location of its new principal office.
Rule 2
DTC proposes to revise Section 4 of Rule 2 (Participants and
Pledgees), which currently provides that any notice from a Participant
or Pledgee to DTC, including any notice under any agreement between DTC
and a Participant or Pledgee, shall be sufficiently served on DTC if
the notice is in writing and delivered or mailed to DTC at 55 Water.
DTC would update this provision by replacing 55 Water with ``its
principal office,'' and adding an email address for sending a copy of
notices to DTC's General Counsel's Office.
Proposed Updates to DTC Service Guides
ClaimConnect Service Guide, Custody Service Guide, Deposits Service
Guide, and Settlement Service Guide
Currently, the Important Legal Information disclaimers at the
beginning of the ClaimConnect Service Guide, Custody Service Guide,
Deposit Service Guide, and Settlement Service Guide each provide, inter
alia, information about where to access the applicable service guide
(as well as DTC's other service guides) and DTC Important Notices.
Those disclaimers also state that inquiries about DTC's service guides
should be directed to DTCC Learning at 55 Water and provide a specific
email address.
The proposed rule change would update the Important Legal
Information disclaimers of each of those four service guides to provide
more appropriate URL addresses for accessing the DTC service guides and
Important Notices, and to remove references to contacting DTCC Learning
because DTCC Learning is no longer a central resource for fielding
general inquiries regarding the service guides themselves. Rather,
inquiries regarding the services covered in the guides should be
directed to the appropriate resources for the related services, as
already identified throughout the service guides.
Additionally, in the ClaimConnect Service Guide and Settlement
Service Guide, an errant copyright mark at the end of the DTCC Learning
reference in the Important Legal Information disclaimer would be
deleted.
Distributions Service Guide
Currently, the DTC Distributions Service Guide lists the address of
DTC's Central Delivery Department as 570 Washington Street, Jersey
City, NJ (emphasis added). However, ``Street'' is incorrect--it should
be ``Boulevard.'' As such, the proposed rule change would update the
address from ``Street'' to ``Blvd.'' and add the corresponding zip code
of 07310.
Deposits Service Guide
Currently, the DTC Deposits Service Guide lists the address for
assignments to Cede & Co. as Bowling Green. The proposed rule change
would update the address from Bowling Green to 570 Washington.
2. Statutory Basis
Section 17A(b)(3)(F) of the Act requires that the rules of the
clearing agency be designed, inter alia, to promote the prompt and
accurate clearance and settlement of securities transactions.\6\ DTC
believes the proposed rule change is consistent with the Section
17A(b)(3)(F) of the Act.
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\6\ 15 U.S.C. 78q-1(b)(3)(F).
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As described above, the proposed rule change would (i) update DTC's
Organization Certificate to reflect the new location of DTC's principal
office; (ii) update Rule 2 to remove a reference to 55 Water and to add
an email address for sending copies of notices to DTC's General
Counsel's Office; (iii) update the Important Legal Information
disclaimers of the ClaimConnect Service Guide, Custody Service Guide,
Deposits Service Guide, and Settlement Service Guide to provide more
appropriate URL addresses for accessing DTC's service guides and
Important Notices, and remove obsolete references to DTCC Learning, and
in the ClaimConnect Service Guide and Settlement Service Guide, delete
an errant copyright mark at the end of the DTCC Learning reference;
(iv) update the Distributions Service Guide to make a technical
correction to an address provided; and (v) update the Deposits Service
Guide to provide the updated mailing address for assignments to Cede &
Co.
Each of these proposed changes is intended to provide users of
DTC's services with more current and accurate information, thus
enabling users to be better informed on how and where they should
engage DTC regarding their use of DTC services for securities
transactions. Therefore, DTC believes that the proposed rule change
would help promote the prompt and accurate clearance and settlement of
securities transactions, consistent with the requirements of the Act,
in particular Section 17A(b)(3)(F) of the Act, cited above.
(B) Clearing Agency's Statement on Burden on Competition
DTC does not believe that the proposed rule change would have any
impact or impose any burden on competition because, as described above,
the proposed rule change simply updates certain contact and reference
information and makes technical corrections, none of which should have
any competitive impact on Participants or their use of DTC services.
(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others
DTC has not received or solicited any written comments relating to
this proposal. If any written comments are received, DTC will amend
this filing to publicly file such comments as an Exhibit 2 to this
filing, as required by Form 19b-4 and the General Instructions thereto.
Persons submitting written comments are cautioned that, according
to Section IV (Solicitation of Comments) of the Exhibit 1A in the
General Instructions to Form 19b-4, the Commission does not edit
personal identifying information from comment submissions. Commenters
should submit only information that they wish to make available
publicly, including their name, email address, and any other
identifying information.
All prospective commenters should follow the Commission's
instructions on How to Submit Comments, available at https://www.sec.gov/regulatory-actions/how-to-submit-comments. General
questions regarding the rule filing process or logistical questions
regarding this filing should be directed to the Main Office of the
Commission's Division of Trading and Markets at
[email protected] or 202-551-5777.
DTC reserves the right to not respond to any comments received.
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) \7\ of the Act and paragraph
[[Page 21216]]
(f) \8\ of Rule 19b-4 thereunder. 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 investors, or otherwise in furtherance of the
purposes of the Act.
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\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-DTC-2023-004 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549.
All submissions should refer to File Number SR-DTC-2023-004. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of DTC and on DTCC's website
(https://dtcc.com/legal/sec-rule-filings.aspx). All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-DTC-2023-004 and should be submitted on
or before May 1, 2023.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-07413 Filed 4-7-23; 8:45 am]
BILLING CODE 8011-01-P