80 FR 64028 - Self-Regulatory Organizations; the Options Clearing Corporation; Notice of Filing of Advance Notice of and No Objection to the Options Clearing Corporation's Proposal To Enter a New Credit Facility Agreement
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 204 (October 22, 2015)
Federal Register Volume 80, Issue 204 (October 22, 2015)
| Page Range | 64028-64030 | |
| FR Document | 2015-26867 |
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)] [Notices] [Pages 64028-64030] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26867] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76062; File No. SR-OCC-2015-803] Self-Regulatory Organizations; the Options Clearing Corporation; Notice of Filing of Advance Notice of and No Objection to the Options Clearing Corporation's Proposal To Enter a New Credit Facility Agreement October 1, 2015. Pursuant to Section 806(e)(1) of Title VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act entitled the 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''), notice is hereby given that, on September 10, 2015, The Options Clearing Corporation (``OCC'') filed an advance notice (SR-OCC-2015-803) with the Securities and Exchange Commission (``Commission''). The advance notice is described in Items I and II below, which Items have been prepared by OCC. The Commission is publishing this notice to solicit comments on the advance notice from interested persons, and to provide notice that the Commission does not object to the changes set forth in the advance notice and authorizes OCC to implement those changes earlier than 60 days after the filing of the advance notice. --------------------------------------------------------------------------- \1\ 12 U.S.C. 5465(e)(1). \2\ 17 CFR 240.19b-4(n)(1)(i). --------------------------------------------------------------------------- I. Clearing Agency's Statement of the Terms of Substance of the Advance Notice This advance notice is filed by OCC in connection with a proposed change to its operations to replace an existing credit facility OCC maintains for the purposes of meeting obligations arising out of the default or suspension of a clearing member, in anticipation of a potential default by a clearing member, or the failure of a bank or securities or commodities clearing organization to perform its obligations due to its bankruptcy, insolvency, receivership or suspension of operations. II. Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Advance Notice In its filing with the Commission, OCC included statements concerning the purpose of and basis for the advance notice and discussed any comments it received on the advance notice. The text of these statements may be examined at the places specified in Item IV below. OCC has prepared summaries, set forth in sections A and B below, of the most significant aspects of these statements. A. Clearing Agency's Statement on Comments on the Advance Notice Received From Members, Participants or Others Written comments were not and are not intended to be solicited with respect to the advance notice and none have been received. B. Advance Notice Filed Pursuant to Section 806(e) of the Clearing Supervision Act (i) Description of Change This advance notice is being filed in connection with a proposed change in the form of the replacement of a revolving credit facility that OCC maintains for a 364-day term for the purpose of meeting obligations arising out of the default or suspension of a clearing member, in anticipation of a potential default by a clearing member, or the failure of a bank or securities or commodities clearing organization to perform its obligations due to its bankruptcy, insolvency, receivership or suspension of operations. OCC's existing credit facility (the ``Existing Facility'') was implemented on October 7, 2014 through the execution of a Credit Agreement among OCC, JPMorgan Chase Bank, N.A. (``JP Morgan''), as administrative agent, and the lenders that are parties to the agreement from time to time. The Existing Facility provides short-term secured borrowings in an aggregate principal amount of $2 billion but may be increased to $3 billion if OCC so requests and sufficient commitments from lenders are received and accepted. To obtain a loan under the Existing Facility, OCC must pledge as collateral U.S. dollars or certain securities issued or guaranteed by the U.S. Government or the Government of Canada. Certain mandatory prepayments or deposits of additional collateral are required depending on changes in the collateral's market value. In connection with OCC's past implementation of the Existing Facility, OCC filed an advance notice with the Commission on September 11, 2014, and the Commission published a notice of no objection on September 30, 2014.\3\ --------------------------------------------------------------------------- \3\ See Securities Exchange Act Release No. 73257 (September 30, 2014), 79 FR 60214 (October 6, 2014) (SR-OCC-2014-806). --------------------------------------------------------------------------- The Existing Facility is set to expire on October 6, 2015, and OCC is therefore currently negotiating the terms of a new credit facility (the ``New Facility'') on substantially similar terms as the Existing Facility, except that a new administrative agent, Bank of America, N.A. (``Bank of America''), has been selected and OCC anticipates that U.S. Bank National Association (``U.S. Bank'') will act as collateral agent, joint lead arranger and joint book runner. Under the Existing Facility, both of these roles are performed by JP Morgan. OCC also anticipates that The Bank of Tokyo-Mitsubishi UFJ, Ltd. (``Bank of Tokyo Mitsubishi'') will act as a back-up administrative agent and collateral agent as well as joint lead arranger and joint book runner. On September 9, 2015, OCC, Bank of America, Merrill Lynch, Pierce, Fenner & Smith Incorporated (``MLPF&S''), a joint lead arranger and book runner, U.S. Bank and Bank of Tokyo Mitsubishi executed a Commitment Letter with regard to the New Facility. The terms and conditions applicable to the New Facility are set forth in the Summary of Terms and Conditions, which is not a public document.\4\ OCC has separately submitted a request for confidential treatment to the Commission regarding the Summary of Terms and Conditions, which is included in this filing as Exhibit 3. The conditions regarding the availability of the New Facility, which OCC anticipates will be satisfied on or before October 6, 2015, include the execution and delivery of (i) a credit agreement between OCC and the administrative agent, collateral agent and various lenders under the New Facility, (ii) a pledge agreement between OCC and the administrative agent or collateral agent, and (iii) such other documents as may be required by the parties. The definitive documentation concerning the New Facility is expected to be consistent with the Summary of Terms and Conditions and substantially similar to that concerning the Existing Facility, although it will include certain changes to accommodate the use of accounts at a new collateral agent and certain other changes as may be necessary regarding administrative and operational terms being finalized [[Page 64029]] between the parties. Mainly, and in order to effect a borrowing under the New Facility, OCC would pledge collateral to the collateral agent for the benefit of the administrative agent. --------------------------------------------------------------------------- \4\ The Summary of Terms and Conditions for the New Facility clarifies certain terms regarding mandatory prepayments or deposits of additional collateral, which, as described above, are also features of the Existing Facility. --------------------------------------------------------------------------- The New Facility involves a variety of customary fees payable by OCC, including: (1) An arrangement fee payable to the joint lead arrangers; (2) administrative and collateral agent fees payable to the administrative agent and collateral agent if the New Facility closes; (3) upfront commitment fees payable to the lenders based on the amount of their commitments; and (4) an ongoing quarterly commitment fee based on the unused amount of the New Facility. (ii) Anticipated Effect on and Management of Risk Completing timely settlement is a key aspect of OCC's role as a clearing agency performing central counterparty services. Overall, the New Facility would continue to promote the reduction of risks to OCC, its clearing members and the options market in general because it would allow OCC to obtain short-term funds to address liquidity demands arising out of the default or suspension of a clearing member, in anticipation of a potential default or suspension of clearing members or the insolvency of a bank or another securities or commodities clearing organization. The existence of the New Facility would therefore help OCC minimize losses in the event of such a default, suspension or insolvency, by allowing it to obtain funds on extremely short notice to ensure clearance and settlement of transactions in options and other contracts without interruption. OCC believes that the reduced settlement risk presented by OCC resulting from the New Facility would correspondingly reduce systemic risk and promote the safety and soundness of the clearing system. By drawing on the New Facility, OCC would also be able to avoid liquidating margin or clearing fund assets in what would likely be volatile market conditions, which would preserve funds available to cover any losses resulting from the failure of a clearing member, bank or other clearing organization. Because the New Facility preserves substantially the same terms and conditions as the Existing Facility, OCC believes that the change would not otherwise affect or alter the management of risk at OCC. (iii) Consistency With the Clearing Supervision Act OCC believes that the New Facility is consistent with Section 805(b) of the Clearing Supervision Act \5\ because it promotes robust risk management by OCC of settlement and liquidity risk. The New Facility would promote robust risk management of these risks by providing OCC with timely access to a stable and reliable liquidity funding source to help it complete timely clearing and settlement. --------------------------------------------------------------------------- \5\ 12 U.S.C. 5464(b). --------------------------------------------------------------------------- (iv) Accelerated Commission Action Requested Pursuant to Section 806(e)(1)(I) of the Clearing Supervision Act,\6\ OCC requests that the Commission notify OCC that it has no objection to the New Facility not later than Friday, October 2, which is four days prior to the October 6, 2015 effective date of the New Facility. OCC requests Commission action four days in advance of the effective date in order to ensure that there is no period of time that OCC operates without this essential liquidity resource, given its importance to OCC's borrowing capacity in connection with its management of liquidity and settlement risk and timely completion of clearance and settlement. --------------------------------------------------------------------------- \6\ 12 U.S.C. 5465(e)(1)(I). --------------------------------------------------------------------------- III. Date of Effectiveness of the Advance Notice and Timing for Commission Action The proposed change may be implemented if the Commission does not object to the proposed change within 60 days of the later of (i) the date that the proposed change was filed with the Commission or (ii) the date that any additional information requested by the Commission is received. OCC shall not implement the proposed change if the Commission has any objection to the proposed change. The Commission may extend the period for review by an additional 60 days if the proposed change raises novel or complex issues, subject to the Commission providing the OCC with prompt written notice of the extension. A proposed change may be implemented in less than 60 days from the date the advance notice is filed, or the date further information requested by the Commission is received, if the Commission notifies OCC in writing that it does not object to the proposed change and authorizes OCC to implement the proposed change on an earlier date, subject to any conditions imposed by the Commission. OCC shall post notice on its Web site of proposed changes that are implemented. The proposal shall not take effect until all regulatory actions required with respect to the proposal are completed. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the advance notice is consistent with the Clearing Supervision Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-OCC-2015-803 on the subject line. Paper Comments Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-OCC-2015-803. 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 of submission. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed change that are filed with the Commission, and all written communications relating to the proposed 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 Web site viewing and printing in the Commission's Public Reference Section, 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 such filing also will be available for inspection and copying at the principal office of OCC and on OCC's Web site at http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_15_803.pdf. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-OCC-2015-803 and should be submitted on or before November 12, 2015. [[Page 64030]] V. Commission's Findings and Notice of No Objection Although the Clearing Supervision Act does not specify a standard of review for an advance notice, its stated purpose is instructive.\7\ The stated purpose is 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 (``FMUs'') and strengthening the liquidity of systemically important FMUs.\8\ Section 805(a)(2) of the Clearing Supervision Act \9\ authorizes the Commission to prescribe risk management standards for the payment, clearing, and settlement activities of designated clearing entities and financial institutions engaged in designated activities for which it is the Supervisory Agency or the appropriate financial regulator. Section 805(b) of the Clearing Supervision Act \10\ states that the objectives and principles for the risk management standards prescribed under Section 805(a) shall be to: --------------------------------------------------------------------------- \7\ See 12 U.S.C. 5461(b). \8\ Id. \9\ 12 U.S.C. 5464(a)(2). \10\ 12 U.S.C. 5464(b). --------------------------------------------------------------------------- promote robust risk management; promote safety and soundness; reduce systemic risks; and support the stability of the broader financial system. The Commission has adopted risk management standards under Section 805(a)(2) of the Clearing Supervision Act \11\ and the Exchange Act (``Clearing Agency Standards'').\12\ The Clearing Agency Standards require registered clearing agencies to establish, implement, maintain, and enforce written policies and procedures that are reasonably designed to meet certain minimum requirements for their operations and risk management practices on an ongoing basis.\13\ Therefore, it is appropriate for the Commission to review advance notices against these Clearing Agency Standards and the objectives and principles of these risk management standards as described in Section 805(b) of the Clearing Supervision Act.\14\ --------------------------------------------------------------------------- \11\ 12 U.S.C. 5464(a)(2). \12\ See Exchange Act Rule 17Ad-22. 17 CFR 240.17Ad-22. Securities Exchange Act Release No. 68080 (October 22, 2012), 77 FR 66220 (November 2, 2012) (S7-08-11). \13\ Id. \14\ 12 U.S.C. 5464(b). --------------------------------------------------------------------------- The Commission believes that the proposal in the advance notice is consistent with the Clearing Agency Standards, in particular, Exchange Act Rule 17Ad-22(d)(11) and Exchange Act Rule 17Ad-22(b)(3). Exchange Act Rule 17Ad-22(d)(11) requires that registered clearing agencies ``establish, implement, maintain and enforce written policies and procedures reasonably designed to, as applicable . . . establish default procedures that ensure that the clearing agency can take timely action to contain losses and liquidity pressures and to continue meeting its obligations in the event of a participant default.'' The Commission believes that the proposal is consistent with Exchange Act Rule 17Ad-22(d)(11) because the New Facility will allow OCC to obtain short-term funds to address liquidity demands arising out of the default or suspension of a clearing member, in anticipation of a potential default or suspension of clearing members or the insolvency of a bank or another securities or commodities clearing organization. Therefore, the New Facility should help OCC minimize losses in the event of such a default, suspension or insolvency, by allowing it to obtain funds on extremely short notice to ensure clearance and settlement of transactions in options and other contracts without interruption. Exchange Act Rule 17Ad-22(b)(3) requires a central counterparty (``CCP''), to ``establish, implement, maintain and enforce written policies and procedures reasonably designed to . . . [m]aintain sufficient financial resources to withstand, at a minimum, a default by the participant family to which it has the largest exposure in extreme but plausible market conditions. . . .'' The Commission believes that the proposal is consistent with Exchange Act Rule 17Ad-22(b)(3) because OCC's proposal to enter into the New Facility, thereby ensuring continued access to a committed bank syndicated credit facility, will help OCC maintain sufficient financial resources to withstand, at a minimum, a default by an clearing member family to which it has the largest exposure. For these reasons, the Commission believes the proposal contained in the advance notice is consistent with the objectives and principles described in Section 805(b) of the Clearing Supervision Act, including that it reduces systemic risks and promote the safety and soundness of the broader financial system. As discussed above, the New Facility will continue to promote the reduction of risks to OCC, its clearing members, and the options market in general because it will allow OCC to obtain short-term funds to address liquidity demands, which should ensure clearance and settlement of transactions in options and other contracts without interruption. Given that OCC has been designated as a systemically important FMU, its ability to access financial resources to address short-term liquidity demands contributes to reducing systemic risks and supporting the stability of the broader financial system. For these reasons, stated above, the Commission does not object to the advance notice. VI. Conclusion It is therefore noticed, pursuant to Section 806(e)(1)(I) of the Clearing Supervision Act,\15\ that the Commission does not object to the proposed change, and authorizes OCC to implement the change in the advance notice (SR-OCC-2015-803) as of the date of this notice. --------------------------------------------------------------------------- \15\ 12 U.S.C. 5465(e)(1)(I). By the Commission. Robert W. Errett, Deputy Secretary. [FR Doc. 2015-26867 Filed 10-21-15; 8:45 am] BILLING CODE 8011-01-P
![64028 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Notices
For the Commission, by the Division of II. Clearing Agency’s Statement of the notice of no objection on September 30,
Trading and Markets, pursuant to delegated Purpose of, and Statutory Basis for, the 2014.3
authority.6 Advance Notice The Existing Facility is set to expire
Brent J. Fields, on October 6, 2015, and OCC is
In its filing with the Commission,
Secretary.
OCC included statements concerning therefore currently negotiating the terms
[FR Doc. 2015–26807 Filed 10–21–15; 8:45 am] the purpose of and basis for the advance of a new credit facility (the ‘‘New
BILLING CODE 8011–01–P notice and discussed any comments it Facility’’) on substantially similar terms
received on the advance notice. The text as the Existing Facility, except that a
of these statements may be examined at new administrative agent, Bank of
SECURITIES AND EXCHANGE the places specified in Item IV below. America, N.A. (‘‘Bank of America’’), has
COMMISSION OCC has prepared summaries, set forth been selected and OCC anticipates that
in sections A and B below, of the most U.S. Bank National Association (‘‘U.S.
[Release No. 34–76062; File No. SR–OCC–
2015–803] significant aspects of these statements. Bank’’) will act as collateral agent, joint
lead arranger and joint book runner.
Self-Regulatory Organizations; the A. Clearing Agency’s Statement on Under the Existing Facility, both of
Options Clearing Corporation; Notice Comments on the Advance Notice these roles are performed by JP Morgan.
of Filing of Advance Notice of and No Received From Members, Participants or OCC also anticipates that The Bank of
Objection to the Options Clearing Others Tokyo-Mitsubishi UFJ, Ltd. (‘‘Bank of
Corporation’s Proposal To Enter a New Written comments were not and are Tokyo Mitsubishi’’) will act as a back-
Credit Facility Agreement not intended to be solicited with respect up administrative agent and collateral
to the advance notice and none have agent as well as joint lead arranger and
October 1, 2015. been received. joint book runner. On September 9,
Pursuant to Section 806(e)(1) of Title 2015, OCC, Bank of America, Merrill
VIII of the Dodd-Frank Wall Street B. Advance Notice Filed Pursuant to Lynch, Pierce, Fenner & Smith
Reform and Consumer Protection Act Section 806(e) of the Clearing Incorporated (‘‘MLPF&S’’), a joint lead
entitled the Payment, Clearing, and Supervision Act arranger and book runner, U.S. Bank
Settlement Supervision Act of 2010 (i) Description of Change and Bank of Tokyo Mitsubishi executed
(‘‘Clearing Supervision Act’’) 1 and Rule a Commitment Letter with regard to the
19b–4(n)(1)(i) 2 under the Securities This advance notice is being filed in New Facility.
Exchange Act of 1934 (‘‘Exchange Act’’), connection with a proposed change in The terms and conditions applicable
notice is hereby given that, on the form of the replacement of a to the New Facility are set forth in the
September 10, 2015, The Options revolving credit facility that OCC Summary of Terms and Conditions,
Clearing Corporation (‘‘OCC’’) filed an maintains for a 364-day term for the which is not a public document.4 OCC
advance notice (SR–OCC–2015–803) purpose of meeting obligations arising has separately submitted a request for
with the Securities and Exchange out of the default or suspension of a confidential treatment to the
Commission (‘‘Commission’’). The clearing member, in anticipation of a Commission regarding the Summary of
advance notice is described in Items I potential default by a clearing member, Terms and Conditions, which is
and II below, which Items have been or the failure of a bank or securities or included in this filing as Exhibit 3. The
prepared by OCC. The Commission is commodities clearing organization to conditions regarding the availability of
publishing this notice to solicit perform its obligations due to its the New Facility, which OCC
comments on the advance notice from bankruptcy, insolvency, receivership or anticipates will be satisfied on or before
interested persons, and to provide suspension of operations. OCC’s October 6, 2015, include the execution
notice that the Commission does not existing credit facility (the ‘‘Existing and delivery of (i) a credit agreement
object to the changes set forth in the Facility’’) was implemented on October between OCC and the administrative
advance notice and authorizes OCC to 7, 2014 through the execution of a agent, collateral agent and various
implement those changes earlier than 60 Credit Agreement among OCC, lenders under the New Facility, (ii) a
days after the filing of the advance JPMorgan Chase Bank, N.A. (‘‘JP pledge agreement between OCC and the
notice. Morgan’’), as administrative agent, and administrative agent or collateral agent,
the lenders that are parties to the and (iii) such other documents as may
I. Clearing Agency’s Statement of the agreement from time to time. The be required by the parties. The
Terms of Substance of the Advance Existing Facility provides short-term definitive documentation concerning
Notice secured borrowings in an aggregate the New Facility is expected to be
This advance notice is filed by OCC principal amount of $2 billion but may consistent with the Summary of Terms
in connection with a proposed change be increased to $3 billion if OCC so and Conditions and substantially
to its operations to replace an existing requests and sufficient commitments similar to that concerning the Existing
credit facility OCC maintains for the from lenders are received and accepted. Facility, although it will include certain
purposes of meeting obligations arising To obtain a loan under the Existing changes to accommodate the use of
out of the default or suspension of a Facility, OCC must pledge as collateral accounts at a new collateral agent and
clearing member, in anticipation of a U.S. dollars or certain securities issued certain other changes as may be
potential default by a clearing member, or guaranteed by the U.S. Government necessary regarding administrative and
or the failure of a bank or securities or or the Government of Canada. Certain operational terms being finalized
commodities clearing organization to mandatory prepayments or deposits of
tkelley on DSK3SPTVN1PROD with NOTICES
perform its obligations due to its additional collateral are required 3 See Securities Exchange Act Release No. 73257
bankruptcy, insolvency, receivership or depending on changes in the collateral’s (September 30, 2014), 79 FR 60214 (October 6,
suspension of operations. market value. In connection with OCC’s 2014) (SR–OCC–2014–806).
4 The Summary of Terms and Conditions for the
past implementation of the Existing
New Facility clarifies certain terms regarding
6 17 CFR 200.30–3(a)(31). Facility, OCC filed an advance notice mandatory prepayments or deposits of additional
1 12 U.S.C. 5465(e)(1). with the Commission on September 11, collateral, which, as described above, are also
2 17 CFR 240.19b–4(n)(1)(i). 2014, and the Commission published a features of the Existing Facility.
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![64030 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Notices
V. Commission’s Findings and Notice of Rule 17Ad–22(b)(3). Exchange Act Rule that OCC has been designated as a
No Objection 17Ad–22(d)(11) requires that registered systemically important FMU, its ability
Although the Clearing Supervision clearing agencies ‘‘establish, implement, to access financial resources to address
Act does not specify a standard of maintain and enforce written policies short-term liquidity demands
review for an advance notice, its stated and procedures reasonably designed to, contributes to reducing systemic risks
purpose is instructive.7 The stated as applicable . . . establish default and supporting the stability of the
purpose is to mitigate systemic risk in procedures that ensure that the clearing broader financial system.
the financial system and promote agency can take timely action to contain For these reasons, stated above, the
financial stability by, among other losses and liquidity pressures and to Commission does not object to the
things, promoting uniform risk continue meeting its obligations in the advance notice.
management standards for systemically event of a participant default.’’ The
Commission believes that the proposal VI. Conclusion
important financial market utilities
(‘‘FMUs’’) and strengthening the is consistent with Exchange Act Rule It is therefore noticed, pursuant to
liquidity of systemically important 17Ad–22(d)(11) because the New Section 806(e)(1)(I) of the Clearing
FMUs.8 Section 805(a)(2) of the Clearing Facility will allow OCC to obtain short- Supervision Act,15 that the Commission
Supervision Act 9 authorizes the term funds to address liquidity demands does not object to the proposed change,
Commission to prescribe risk arising out of the default or suspension and authorizes OCC to implement the
management standards for the payment, of a clearing member, in anticipation of change in the advance notice (SR–OCC–
clearing, and settlement activities of a potential default or suspension of 2015–803) as of the date of this notice.
designated clearing entities and clearing members or the insolvency of a
bank or another securities or By the Commission.
financial institutions engaged in
commodities clearing organization. Robert W. Errett,
designated activities for which it is the
Supervisory Agency or the appropriate Therefore, the New Facility should help Deputy Secretary.
financial regulator. Section 805(b) of the OCC minimize losses in the event of [FR Doc. 2015–26867 Filed 10–21–15; 8:45 am]
Clearing Supervision Act 10 states that such a default, suspension or BILLING CODE 8011–01–P
the objectives and principles for the risk insolvency, by allowing it to obtain
management standards prescribed under funds on extremely short notice to
Section 805(a) shall be to: ensure clearance and settlement of SECURITIES AND EXCHANGE
• promote robust risk management; transactions in options and other COMMISSION
• promote safety and soundness; contracts without interruption.
• reduce systemic risks; and Exchange Act Rule 17Ad–22(b)(3) Sunshine Act Meeting
• support the stability of the broader requires a central counterparty (‘‘CCP’’),
financial system. to ‘‘establish, implement, maintain and Notice is hereby given, pursuant to
The Commission has adopted risk enforce written policies and procedures the provisions of the Government in the
management standards under Section reasonably designed to . . . [m]aintain Sunshine Act, Public Law 94–409, that
805(a)(2) of the Clearing Supervision sufficient financial resources to the Securities and Exchange
Act 11 and the Exchange Act (‘‘Clearing withstand, at a minimum, a default by Commission Equity Market Structure
Agency Standards’’).12 The Clearing the participant family to which it has Advisory Committee will hold a public
Agency Standards require registered the largest exposure in extreme but meeting on Tuesday, October 27, 2015,
clearing agencies to establish, plausible market conditions. . . .’’ The in the Multipurpose Room, LL–006 at
implement, maintain, and enforce Commission believes that the proposal the Commission’s headquarters, 100 F
written policies and procedures that are is consistent with Exchange Act Rule Street NE., Washington, DC.
reasonably designed to meet certain 17Ad–22(b)(3) because OCC’s proposal The meeting will begin at 9:30 a.m.
minimum requirements for their to enter into the New Facility, thereby (EDT) and will be open to the public.
operations and risk management ensuring continued access to a Seating will be on a first-come, first-
practices on an ongoing basis.13 committed bank syndicated credit served basis. Doors will be open at 9:00
Therefore, it is appropriate for the facility, will help OCC maintain a.m. Visitors will be subject to security
Commission to review advance notices sufficient financial resources to checks. The meeting will be webcast on
against these Clearing Agency Standards withstand, at a minimum, a default by the Commission’s Web site at
and the objectives and principles of an clearing member family to which it www.sec.gov.
these risk management standards as has the largest exposure. On October 6, 2015, the Commission
described in Section 805(b) of the For these reasons, the Commission published notice of the Committee
Clearing Supervision Act.14 believes the proposal contained in the meeting (Release No. 34–76081),
The Commission believes that the advance notice is consistent with the indicating that the meeting is open to
proposal in the advance notice is objectives and principles described in the public and inviting the public to
consistent with the Clearing Agency Section 805(b) of the Clearing submit written comments to the
Standards, in particular, Exchange Act Supervision Act, including that it Committee. This Sunshine Act notice is
Rule 17Ad–22(d)(11) and Exchange Act reduces systemic risks and promote the being issued because a majority of the
safety and soundness of the broader
Commission may attend the meeting.
7 See 12 U.S.C. 5461(b). financial system. As discussed above,
8 Id. the New Facility will continue to The agenda for the meeting will focus
9 12 U.S.C. 5464(a)(2). promote the reduction of risks to OCC, on Rule 610 of SEC Regulation NMS and
the regulatory structure of trading
tkelley on DSK3SPTVN1PROD with NOTICES
10 12 U.S.C. 5464(b). its clearing members, and the options
11 12 U.S.C. 5464(a)(2).
market in general because it will allow venues.
12 See Exchange Act Rule 17Ad–22. 17 CFR
OCC to obtain short-term funds to For further information, please
240.17Ad–22. Securities Exchange Act Release No. contact the Office of the Secretary at
68080 (October 22, 2012), 77 FR 66220 (November
address liquidity demands, which
2, 2012) (S7–08–11). should ensure clearance and settlement (202) 551–5400.
13 Id. of transactions in options and other
14 12 U.S.C. 5464(b). contracts without interruption. Given 15 12 U.S.C. 5465(e)(1)(I).
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Document Created: 2015-12-14 15:33:58
Document Modified: 2015-12-14 15:33:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 80 FR 64028 |
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