80_FR_73253 80 FR 73028 - Self-Regulatory Organizations; National Securities Clearing Corporation; Order Approving Proposed Rule Change To Permit Trades in Eligible Fixed Income Securities Scheduled To Settle on Day After Trade Date To Be Processed for Settlement at National Securities Clearing Corporation

80 FR 73028 - Self-Regulatory Organizations; National Securities Clearing Corporation; Order Approving Proposed Rule Change To Permit Trades in Eligible Fixed Income Securities Scheduled To Settle on Day After Trade Date To Be Processed for Settlement at National Securities Clearing Corporation

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 225 (November 23, 2015)

Page Range73028-73029
FR Document2015-29726

Federal Register, Volume 80 Issue 225 (Monday, November 23, 2015)
[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)]
[Notices]
[Pages 73028-73029]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29726]



[[Page 73028]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76458; File No. SR-NSCC-2015-005]


Self-Regulatory Organizations; National Securities Clearing 
Corporation; Order Approving Proposed Rule Change To Permit Trades in 
Eligible Fixed Income Securities Scheduled To Settle on Day After Trade 
Date To Be Processed for Settlement at National Securities Clearing 
Corporation

November 17, 2015.
    On October 7, 2015, National Securities Clearing Corporation 
(``NSCC'') filed with the Securities and Exchange Commission 
(``Commission'') proposed rule change SR-NSCC-2015-005 pursuant to 
section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ 
and Rule 19b-4 thereunder,\2\ to allow certain fixed-income securities 
trades that that are scheduled to settle on the day after trade date 
(``T+1'') to settle either through NSCC's Continuous Net Settlement 
(``CNS'') system, or through its Balance Order Accounting Operation on 
a trade-for-trade basis. The proposed rule change was published for 
comment in the Federal Register on October 15, 2015.\3\ The Commission 
did not receive any comment letters on the proposed rule change. For 
the reasons discussed below, the Commission is granting approval of the 
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 76112 (October 8, 
2015), 80 FR 62121 (October 15, 2015) (SR-NSCC-2015-005).
---------------------------------------------------------------------------

I. Description of the Proposed Rule Change

    The following is a description of the proposed rule change, as 
provided by NSCC:
    The proposed rule change consists of amendments to NSCC's Rules & 
Procedures (``Rules'') in order to permit trades in fixed income 
securities (corporate and municipal bonds, and unit investment trusts, 
collectively ``CMU'') that are T+1 to settle either through its CNS 
system, as described below, or through its Balance Order Accounting 
Operation on a trade-for-trade basis, as described below, when eligible 
for settlement through these services.\4\
---------------------------------------------------------------------------

    \4\ Terms not defined herein are defined in the Rules, available 
at http://dtcc.com/~/media/Files/Downloads/legal/rules/
nscc_rules.pdf.
---------------------------------------------------------------------------

Background

    CMU transactions that are effected in the over-the-counter markets 
and submitted to NSCC directly by Members on a bilateral basis are 
processed through NSCC's Real Time Trade Matching (``RTTM'') platform. 
Within RTTM, the buy and sell sides of a transaction are validated and 
matched, resulting in a compared trade that is reported to Members. 
This process is called ``trade comparison.''
    Today, with the exception of CMU trades that are submitted to NSCC 
to settle on a timeframe that is shorter than T+2,\5\ CMU trades 
submitted to NSCC through RTTM are first compared within RTTM, and then 
are processed into NSCC's Universal Trade Capture (``UTC'') system, 
where they are checked for eligibility for settlement either through 
NSCC's CNS system \6\ or through its Balance Order Accounting Operation 
on a trade-for-trade basis.\7\ These CMU trades, those that are 
scheduled to settle on a T+2 or longer timeframe, are then processed 
for settlement through the settlement service for which they are 
eligible, i.e. either the CNS system or the Balance Order Accounting 
Operation on a trade-for-trade basis. If a CMU trade is not eligible 
for settlement through either CNS or the Balance Order Accounting 
Operation, or if it is marked as ``comparison-only'' when it is 
submitted to NSCC, it is only processed for trade comparison through 
RTTM and then it must settle away from NSCC.
---------------------------------------------------------------------------

    \5\ The settlement timeframe of a trade, i.e. when the trade 
will settle relative to the trade date, is determined by the 
counterparties to that trade, and is indicated on the trade record 
when the trade is submitted to NSCC.
    \6\ CNS and its operation are described in Rule 11 and Procedure 
VII. Rules, supra note 4. To be eligible for CNS settlement, a 
transaction must be in a security that is eligible for book-entry 
transfer on the books of The Depository Trust Company, and must be 
capable of being processed in the CNS system; for example, 
securities may be ineligible for CNS processing due to certain 
transfer restrictions (e.g., 144A securities) or due to the pendency 
of certain corporate actions.
    \7\ The Balance Order Accounting Operation is described in 
Procedure V. Rules, supra note 4. CMU trades that are processed 
through the Balance Order Accounting Operation are processed on a 
trade-for-trade basis, as described in Section B of Procedure V, 
such that Receive and Deliver Orders, as defined in the Rules, are 
created instructing the counterparties to the transaction to deliver 
or receive a quantity of securities to or from their counterparty to 
that transaction. These transactions are not netted and are not 
subject to NSCC's risk management measures, as NSCC's central 
counterparty guarantee does not attach to these trades.
---------------------------------------------------------------------------

    Today, all CMU trades submitted to NSCC through RTTM that are 
scheduled to settle on T+1 are automatically processed as comparison-
only in RTTM, and must settle away from NSCC. T+1 CMU trades are 
processed this way because, historically, NSCC's systems were not able 
to adequately risk manage CMU trades that settled on this shortened 
timeframe. NSCC has proposed to amend its Rules so that, following 
trade comparison through RTTM, T+1 CMU trades will be processed into 
UTC, where they will be checked for eligibility to settle through 
either CNS or the Balance Order Accounting Operation on a trade-for-
trade basis. If eligible, these CMU trades will settle through the 
settlement service for which they are eligible, i.e. either the CNS 
system or the Balance Order Accounting Operation on a trade-for-trade 
basis.
    Pursuant to Addendum K of the Rules, NSCC guarantees the completion 
of CNS settling trades that have reached the later of midnight of T+1 
or midnight of the day they are reported to Members, and guarantees the 
completion of shortened process trades, such as same-day and next-day 
settling trades, upon comparison or trade recording processing.\8\ 
Therefore, for those T+1 CMU trades that are eligible for settlement 
through CNS, NSCC will guarantee the completion of these trades upon 
comparison or trade recording processing. T+1 CMU trades that settle 
through CNS will be subject to all appropriate risk management measures 
and margining, pursuant to the existing risk management methodology and 
policies and procedures, including the Specified Activity charge 
component of its Clearing Fund charges, which applies to trades 
settling at NSCC on a shortened processing cycle.\9\ NSCC estimates 
that CMU trades that are designated to settle on T+1 and will be 
eligible to settle through CNS represent less than half of a percent of 
all CMU trades processed at NSCC, and less than 2% of the total value 
of all CMU trades processed at NSCC.\10\ In order to

[[Page 73029]]

implement this proposed rule change, NSCC will amend Procedure II 
(Trade Comparison and Recording Service). In particular, these 
amendments will provide that CMU T+1 transactions will be handled in 
the same manner as CMU T+2 trades and trades submitted for regular way 
(or T+3) settlement. Procedure II will also be amended to remove 
reference to CMU T+1 transactions from the section that identifies 
those trades that are accepted by NSCC for comparison-only processing.
---------------------------------------------------------------------------

    \8\ NSCC guarantees the completion of trades that settle through 
CNS pursuant to Addendum K of the Rules. Rules, supra note 4.
    \9\ The components of NSCC's Clearing Fund are described in 
Procedure XV, and the Specified Activity charge is described in 
Section I(A)(1)(g) for trades settling through CNS. Rules, supra 
note 4.
    \10\ Based on data from the first quarter of 2015, an 
approximate daily average of 45,000 CMU trades are processed at 
NSCC, with an approximate total daily value of an average of $8.3 
billion. Of the approximate daily average of 45,000 CMU trades 
processed at NSCC, an approximate daily average of 200 CMU trades 
are designated to settle on T+1 and are in securities that are 
eligible for settlement in CNS. Of the approximate daily value of an 
average of $8.3 billion in CMU trades processed at NSCC, CMU trades 
that are designated to settle on T+1 and are in securities that are 
eligible for settlement in CNS have an approximate total daily value 
of an average of $145 million. The average daily CMU transaction 
volume is less than 1% of NSCC's overall daily volume.
---------------------------------------------------------------------------

Implementation

    The effective date of the proposed rule change will be announced 
via an NSCC Important Notice.

II. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \11\ 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. The Commission believes the proposal is 
consistent with section 17A(b)(3)(F) of the Act.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(C).
    \12\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Section 17A(b)(3)(F) of the Act requires, among other things, that 
the rules of a clearing agency be designed to promote the prompt and 
accurate clearance and settlement of securities transactions, as well 
as, in general, protect investors and the public interest.\13\ By 
permitting T+1 CMU transactions to settle through CNS or the Balance 
Order Accounting Operation, the transactions will receive the benefit 
of NSCC's settlement services, including, in the case of CNS, a trade 
guarantee. Thus, the proposal will protect investors and the public 
interest by mitigating NSCC Members' settlement risk and counterparty 
risk. As such, the Commission believes that the proposal is consistent 
with section 17A(b)(3)(F) of the Act.\14\
---------------------------------------------------------------------------

    \13\ Id.
    \14\ Id.
---------------------------------------------------------------------------

III. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposal is consistent with the requirements of the Act and in 
particular with the requirements of section 17A of the Act \15\ and the 
rules and regulations thereunder.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to section 19(b)(2) of the Act, 
that proposed rule change SR-NSCC-2015-005 be, and hereby is, 
approved.\16\
---------------------------------------------------------------------------

    \16\ In approving the proposed rule change, the Commission 
considered the proposal's impact on efficiency, competition, and 
capital formation. 15 U.S.C. 78c(f).
    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-29726 Filed 11-20-15; 8:45 am]
 BILLING CODE 8011-01-P



                                             73028                      Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices

                                             SECURITIES AND EXCHANGE                                 Background                                               CMU trades are processed this way
                                             COMMISSION                                                 CMU transactions that are effected in                 because, historically, NSCC’s systems
                                                                                                     the over-the-counter markets and                         were not able to adequately risk manage
                                             [Release No. 34–76458; File No. SR–NSCC–                submitted to NSCC directly by Members                    CMU trades that settled on this
                                             2015–005]                                               on a bilateral basis are processed                       shortened timeframe. NSCC has
                                                                                                     through NSCC’s Real Time Trade                           proposed to amend its Rules so that,
                                             Self-Regulatory Organizations;                          Matching (‘‘RTTM’’) platform. Within                     following trade comparison through
                                             National Securities Clearing                            RTTM, the buy and sell sides of a                        RTTM, T+1 CMU trades will be
                                             Corporation; Order Approving                            transaction are validated and matched,                   processed into UTC, where they will be
                                             Proposed Rule Change To Permit                          resulting in a compared trade that is                    checked for eligibility to settle through
                                             Trades in Eligible Fixed Income                         reported to Members. This process is                     either CNS or the Balance Order
                                             Securities Scheduled To Settle on Day                   called ‘‘trade comparison.’’                             Accounting Operation on a trade-for-
                                             After Trade Date To Be Processed for                       Today, with the exception of CMU                      trade basis. If eligible, these CMU trades
                                             Settlement at National Securities                       trades that are submitted to NSCC to                     will settle through the settlement
                                             Clearing Corporation                                    settle on a timeframe that is shorter than               service for which they are eligible, i.e.
                                                                                                     T+2,5 CMU trades submitted to NSCC                       either the CNS system or the Balance
                                             November 17, 2015.                                      through RTTM are first compared                          Order Accounting Operation on a trade-
                                                                                                     within RTTM, and then are processed                      for-trade basis.
                                                On October 7, 2015, National                                                                                     Pursuant to Addendum K of the
                                             Securities Clearing Corporation                         into NSCC’s Universal Trade Capture
                                                                                                     (‘‘UTC’’) system, where they are                         Rules, NSCC guarantees the completion
                                             (‘‘NSCC’’) filed with the Securities and                                                                         of CNS settling trades that have reached
                                             Exchange Commission (‘‘Commission’’)                    checked for eligibility for settlement
                                                                                                     either through NSCC’s CNS system 6 or                    the later of midnight of T+1 or midnight
                                             proposed rule change SR–NSCC–2015–                                                                               of the day they are reported to Members,
                                             005 pursuant to section 19(b)(1) of the                 through its Balance Order Accounting
                                                                                                     Operation on a trade-for-trade basis.7                   and guarantees the completion of
                                             Securities Exchange Act of 1934                                                                                  shortened process trades, such as same-
                                             (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 These CMU trades, those that are
                                                                                                     scheduled to settle on a T+2 or longer                   day and next-day settling trades, upon
                                             to allow certain fixed-income securities                                                                         comparison or trade recording
                                                                                                     timeframe, are then processed for
                                             trades that that are scheduled to settle                                                                         processing.8 Therefore, for those T+1
                                                                                                     settlement through the settlement
                                             on the day after trade date (‘‘T+1’’) to                                                                         CMU trades that are eligible for
                                                                                                     service for which they are eligible, i.e.
                                             settle either through NSCC’s Continuous                                                                          settlement through CNS, NSCC will
                                                                                                     either the CNS system or the Balance
                                             Net Settlement (‘‘CNS’’) system, or                                                                              guarantee the completion of these trades
                                                                                                     Order Accounting Operation on a trade-
                                             through its Balance Order Accounting                    for-trade basis. If a CMU trade is not                   upon comparison or trade recording
                                             Operation on a trade-for-trade basis. The               eligible for settlement through either                   processing. T+1 CMU trades that settle
                                             proposed rule change was published for                  CNS or the Balance Order Accounting                      through CNS will be subject to all
                                             comment in the Federal Register on                      Operation, or if it is marked as                         appropriate risk management measures
                                             October 15, 2015.3 The Commission did                   ‘‘comparison-only’’ when it is submitted                 and margining, pursuant to the existing
                                             not receive any comment letters on the                  to NSCC, it is only processed for trade                  risk management methodology and
                                             proposed rule change. For the reasons                   comparison through RTTM and then it                      policies and procedures, including the
                                             discussed below, the Commission is                      must settle away from NSCC.                              Specified Activity charge component of
                                             granting approval of the proposed rule                     Today, all CMU trades submitted to                    its Clearing Fund charges, which
                                             change.                                                 NSCC through RTTM that are scheduled                     applies to trades settling at NSCC on a
                                                                                                     to settle on T+1 are automatically                       shortened processing cycle.9 NSCC
                                             I. Description of the Proposed Rule                                                                              estimates that CMU trades that are
                                             Change                                                  processed as comparison-only in RTTM,
                                                                                                     and must settle away from NSCC. T+1                      designated to settle on T+1 and will be
                                                The following is a description of the                                                                         eligible to settle through CNS represent
                                             proposed rule change, as provided by                       5 The settlement timeframe of a trade, i.e. when      less than half of a percent of all CMU
                                             NSCC:                                                   the trade will settle relative to the trade date, is     trades processed at NSCC, and less than
                                                                                                     determined by the counterparties to that trade, and      2% of the total value of all CMU trades
                                                The proposed rule change consists of                 is indicated on the trade record when the trade is
                                                                                                                                                              processed at NSCC.10 In order to
                                             amendments to NSCC’s Rules &                            submitted to NSCC.
                                                                                                        6 CNS and its operation are described in Rule 11
                                             Procedures (‘‘Rules’’) in order to permit               and Procedure VII. Rules, supra note 4. To be               8 NSCC guarantees the completion of trades that

                                             trades in fixed income securities                       eligible for CNS settlement, a transaction must be       settle through CNS pursuant to Addendum K of the
                                             (corporate and municipal bonds, and                     in a security that is eligible for book-entry transfer   Rules. Rules, supra note 4.
                                                                                                     on the books of The Depository Trust Company, and           9 The components of NSCC’s Clearing Fund are
                                             unit investment trusts, collectively
                                                                                                     must be capable of being processed in the CNS            described in Procedure XV, and the Specified
                                             ‘‘CMU’’) that are T+1 to settle either                  system; for example, securities may be ineligible for    Activity charge is described in Section I(A)(1)(g) for
                                             through its CNS system, as described                    CNS processing due to certain transfer restrictions      trades settling through CNS. Rules, supra note 4.
                                             below, or through its Balance Order                     (e.g., 144A securities) or due to the pendency of           10 Based on data from the first quarter of 2015, an

                                             Accounting Operation on a trade-for-                    certain corporate actions.                               approximate daily average of 45,000 CMU trades are
                                                                                                        7 The Balance Order Accounting Operation is           processed at NSCC, with an approximate total daily
                                             trade basis, as described below, when                   described in Procedure V. Rules, supra note 4. CMU       value of an average of $8.3 billion. Of the
                                             eligible for settlement through these                   trades that are processed through the Balance Order      approximate daily average of 45,000 CMU trades
                                             services.4                                              Accounting Operation are processed on a trade-for-       processed at NSCC, an approximate daily average
                                                                                                     trade basis, as described in Section B of Procedure      of 200 CMU trades are designated to settle on T+1
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                                               1 15
                                                                                                     V, such that Receive and Deliver Orders, as defined      and are in securities that are eligible for settlement
                                                    U.S.C. 78s(b)(1).                                in the Rules, are created instructing the                in CNS. Of the approximate daily value of an
                                               2 17 CFR 240.19b–4.                                   counterparties to the transaction to deliver or          average of $8.3 billion in CMU trades processed at
                                               3 See Securities Exchange Act Release No. 76112
                                                                                                     receive a quantity of securities to or from their        NSCC, CMU trades that are designated to settle on
                                             (October 8, 2015), 80 FR 62121 (October 15, 2015)       counterparty to that transaction. These transactions     T+1 and are in securities that are eligible for
                                             (SR–NSCC–2015–005).                                     are not netted and are not subject to NSCC’s risk        settlement in CNS have an approximate total daily
                                               4 Terms not defined herein are defined in the         management measures, as NSCC’s central                   value of an average of $145 million. The average
                                             Rules, available at http://dtcc.com/∼/media/Files/      counterparty guarantee does not attach to these          daily CMU transaction volume is less than 1% of
                                             Downloads/legal/rules/nscc_rules.pdf.                   trades.                                                  NSCC’s overall daily volume.



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                                                                            Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices                                                   73029

                                             implement this proposed rule change,                       proposed rule change SR–NSCC–2015–                    be submitted in real-time, and to
                                             NSCC will amend Procedure II (Trade                        005 be, and hereby is, approved.16                    prohibit pre-netting and other practices
                                             Comparison and Recording Service). In                        For the Commission, by the Division of              that prevent real-time trade
                                             particular, these amendments will                          Trading and Markets, pursuant to delegated            submission.4
                                             provide that CMU T+1 transactions will                     authority.17
                                                                                                                                                              Background
                                             be handled in the same manner as CMU                       Robert W. Errett,
                                             T+2 trades and trades submitted for                        Deputy Secretary.                                        Requiring trades to be submitted in
                                             regular way (or T+3) settlement.                                                                                 real-time facilitates efficient risk
                                                                                                        [FR Doc. 2015–29726 Filed 11–20–15; 8:45 am]
                                             Procedure II will also be amended to                                                                             management for both NSCC and its
                                                                                                        BILLING CODE 8011–01–P
                                             remove reference to CMU T+1                                                                                      Members, enables same-day
                                             transactions from the section that                                                                               bookkeeping and reconciliation, and,
                                             identifies those trades that are accepted                  SECURITIES AND EXCHANGE                               therefore, significantly reduces risk to
                                             by NSCC for comparison-only                                COMMISSION                                            the industry. Receipt of trade data on a
                                             processing.                                                                                                      real-time basis permits NSCC’s risk
                                                                                                        [Release No. 34–76462; File No. SR–NSCC–              management processes to monitor trades
                                             Implementation                                             2015–004]                                             closer to trade execution on an intra-day
                                               The effective date of the proposed                                                                             basis, and to identify and risk manage
                                             rule change will be announced via an                       Self-Regulatory Organizations;
                                                                                                                                                              any issues relating to exposures earlier
                                             NSCC Important Notice.                                     National Securities Clearing
                                                                                                                                                              in the day. Contract information is
                                                                                                        Corporation; Order Approving
                                             II. Discussion and Commission                                                                                    currently reported out to submitting
                                                                                                        Proposed Rule Change To Require
                                             Findings                                                                                                         firms by NSCC’s Universal Trade
                                                                                                        Real-Time Trade Submission and To
                                                                                                                                                              Capture (‘‘UTC’’) system upon trade
                                                Section 19(b)(2)(C) of the Act 11                       Prohibit Pre-Netting Practices Through
                                                                                                                                                              comparison and validation, and receipt
                                             directs the Commission to approve a                        NSCC’s Correspondent Clearing
                                                                                                                                                              of trade data in real-time enables NSCC
                                             proposed rule change of a self-                            Service
                                                                                                                                                              to report to Members trade data as it is
                                             regulatory organization if it finds that                                                                         received, thereby promoting intra-day
                                                                                                        November 17, 2015.
                                             such proposed rule change is consistent                                                                          reconciliation of transactions at the
                                                                                                           On September 30, 2015, National
                                             with the requirements of the Act and                                                                             Member level. The majority of trades
                                                                                                        Securities Clearing Corporation
                                             rules and regulations thereunder                                                                                 submitted to NSCC for clearing are
                                                                                                        (‘‘NSCC’’) filed with the Securities and
                                             applicable to such organization. The                                                                             currently being submitted in real-time
                                             Commission believes the proposal is                        Exchange Commission (‘‘Commission’’)
                                                                                                        proposed rule change SR–NSCC–2015–                    on a trade-by-trade basis, and NSCC is
                                             consistent with section 17A(b)(3)(F) of
                                                                                                        004 pursuant to section 19(b)(1) of the               operationally capable of managing trade
                                             the Act.12
                                                                                                        Securities Exchange Act of 1934                       volumes that are multiple times larger
                                                Section 17A(b)(3)(F) of the Act
                                             requires, among other things, that the                     (‘‘Act’’),1 and Rule 19b–4 thereunder,2               than the historical peak volumes.
                                                                                                        to require correspondent clearing trades                 NSCC will require that trade data
                                             rules of a clearing agency be designed to
                                                                                                        to be submitted in real-time. The                     submitted through its Correspondent
                                             promote the prompt and accurate
                                                                                                        proposed rule change was published for                Clearing service, as described below, be
                                             clearance and settlement of securities
                                                                                                        comment in the Federal Register on                    submitted in real-time and to prohibit
                                             transactions, as well as, in general,
                                                                                                        October 14, 2015.3 The Commission did                 pre-netting and other practices that
                                             protect investors and the public
                                                                                                        not receive comment letters regarding                 prevent real-time trade submission
                                             interest.13 By permitting T+1 CMU
                                                                                                        the proposed change. For the reasons                  (‘‘pre-netting practices’’). NSCC will
                                             transactions to settle through CNS or the
                                             Balance Order Accounting Operation,                        discussed below, the Commission is                    exclude from this requirement position
                                             the transactions will receive the benefit                  granting approval of the proposed rule                movements between NSCC Members
                                             of NSCC’s settlement services,                             change.                                               that are Affiliates and Client Custody
                                             including, in the case of CNS, a trade                                                                           Movements, as described below. The
                                                                                                        I. Description of the Proposed Rule                   term ‘‘real-time,’’ when used with
                                             guarantee. Thus, the proposal will                         Change
                                             protect investors and the public interest                                                                        respect to trade submission, is defined
                                             by mitigating NSCC Members’                                   The following is a description of the              in Procedure XIII (Definitions) of the
                                             settlement risk and counterparty risk.                     proposed rule change, as provided by                  Rules as the submission of trade data on
                                             As such, the Commission believes that                      NSCC:                                                 a trade-by-trade basis promptly after
                                             the proposal is consistent with section                       The proposed rule change consists of               trade execution, in any format and by
                                             17A(b)(3)(F) of the Act.14                                 amendments to NSCC’s Rules &                          any communication method acceptable
                                                                                                        Procedures (‘‘Rules’’) in order to require            to NSCC.
                                             III. Conclusion                                            that trade data submitted to NSCC                        NSCC’s UTC system receives and
                                                On the basis of the foregoing, the                      through its Correspondent Clearing                    validates transactions that are submitted
                                             Commission finds that the proposal is                      service, other than position movements                to it, reports trade details back out to the
                                             consistent with the requirements of the                    between NSCC Members that are                         submitting firm, and prepares those
                                             Act and in particular with the                             Affiliates and Client Custody                         transactions for netting and settlement
                                             requirements of section 17A of the                         Movements, as described further below,                by routing transactions to netting and
                                             Act 15 and the rules and regulations                                                                             settlement systems, such as Continuous
                                             thereunder.                                                   16 In approving the proposed rule change, the
                                                                                                                                                              Net Settlement Accounting Operation,
                                                It is therefore ordered, pursuant to                    Commission considered the proposal’s impact on        the Balance Order Accounting
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                                                                                                        efficiency, competition, and capital formation. 15
                                             section 19(b)(2) of the Act, that                          U.S.C. 78c(f).                                        Operation, or the Foreign Security
                                                                                                           17 17 CFR 200.30–3(a)(12).                         Accounting Operation, as applicable.
                                               11 15    U.S.C. 78s(b)(2)(C).                               1 15 U.S.C. 78s(b)(1).                             Transactions are submitted to UTC
                                               12 15    U.S.C. 78q–1(b)(3)(F).                             2 17 CFR 240.19b–4.
                                               13 Id.                                                      3 See Securities Exchange Act Release No. 76099      4 Terms not defined herein are defined in the
                                               14 Id.
                                                                                                        (October 7, 2015), 80 FR 61860 (October 14, 2015)     Rules, available at http://dtcc.com/∼/media/Files/
                                               15 15    U.S.C. 78q–1.                                   (SR–NSCC–2015–004).                                   Downloads/legal/rules/nscc_rules.pdf.



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Document Created: 2018-03-01 11:18:16
Document Modified: 2018-03-01 11:18:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 73028 

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