83_FR_39635 83 FR 39481 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Provide for the Delivery of Certain Transaction Data Relating to Variable Annuity and Variable Life Insurance Subaccounts and Implement Fees Associated With This Proposed Feature

83 FR 39481 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Provide for the Delivery of Certain Transaction Data Relating to Variable Annuity and Variable Life Insurance Subaccounts and Implement Fees Associated With This Proposed Feature

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 154 (August 9, 2018)

Page Range39481-39483
FR Document2018-17007

Federal Register, Volume 83 Issue 154 (Thursday, August 9, 2018)
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39481-39483]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17007]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83774; File No. SR-NSCC-2018-005]


Self-Regulatory Organizations; National Securities Clearing 
Corporation; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change To Provide for the Delivery of Certain Transaction Data 
Relating to Variable Annuity and Variable Life Insurance Subaccounts 
and Implement Fees Associated With This Proposed Feature

August 3, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 
1934, as amended (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is 
hereby given that on July 26, 2018, 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) \3\ of the Act and subparagraphs (f)(2) \4\ and 
(f)(4) \5\ of Rule 19b-4 thereunder. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \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)(2).
    \5\ 17 CFR 240.19b-4(f)(4).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The proposed rule change consists of modifications to NSCC's Rules 
& Procedures (``Rules'') in order to reflect proposed enhancements to 
NSCC's Insurance and Retirement Processing Services (``I&RS''). The 
proposed rule change would enhance existing I&RS services to provide 
for the delivery of certain transaction data relating to variable 
annuity and variable life insurance subaccounts (``variable product 
subaccounts'') and implement fees associated with this proposed 
feature, as described in greater detail below.\6\
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    \6\ Capitalized terms used herein and not otherwise defined 
shall have the meaning assigned to such terms in, available at 
http://dtcc.com/~/media/Files/Downloads/legal/rules/nscc_rules.pdf.
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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 consists of modifications to the Rules in 
order to reflect proposed enhancements to I&RS services. The proposed 
rule change would enhance existing I&RS services to provide for the 
delivery of certain transaction data relating to variable product 
subaccounts and implement fees associated with this proposed feature, 
as described in greater detail below.
(i) Variable Product Subaccounts
    An annuity is a contract between a holder and an insurance carrier 
pursuant to which the holder makes an upfront payment to an insurance 
carrier and the insurance carrier agrees to pay the holder periodic 
payments at a future date. A variable annuity is a type of annuity that 
allows the holder to choose from a selection of investment options, or 
``subaccounts,'' within the annuity and the periodic payments paid by 
the insurance carrier are determined, in part, by the performance of 
the subaccounts selected by the holder. A variable life insurance 
contract operates in a similar manner. The variable life insurance 
carries a ``cash value'' and the purchaser can choose from a selection 
of investment subaccounts to invest the cash value. The subaccounts for 
variable

[[Page 39482]]

products are frequently structured to be similar to mutual funds and 
are managed by mutual fund asset managers.
    Historically asset managers have received certain information 
relating to the affiliated subaccounts they manage on an aggregate 
basis from insurance carriers rather than on an individual 
transactional basis with respect to each subaccount. For instance, an 
insurance carrier will send settlement amounts to the asset manager 
reflecting the aggregate amounts invested in each subaccount at any 
given time but will not send any individual transactional data relating 
to how those amounts were invested in each subaccount. As an example, 
if two clients each invested in a subaccount in one day and another 
client transfers funds from the subaccount on the same day, the 
insurance carrier would provide the asset manager the aggregate amount 
of funds remaining in the subaccount at the end of the day and will not 
specify that two of its clients invested in the subaccount and one 
client removed funds from the subaccount or any details relating to the 
individual transactions.
    Asset managers would like access to the information specific to the 
individual transactions for the subaccounts that they manage to get a 
better understanding of the business of the subaccounts. The subaccount 
transaction-specific information that the asset managers would like to 
receive with respect to each subaccount transaction includes the name 
of the insurance carrier, the date of the transaction, the broker-
dealer named on the transaction, the individual advisor listed on the 
transaction, the type of transaction (e.g., new purchase, death claim, 
rebalance, subaccount transfer to or from the subaccount, etc.) and the 
amount of the transaction. Asset managers get this information, as 
applicable, with respect to retail mutual funds that they manage and 
such information is useful to indicate the investment advisors that are 
working with clients purchasing their subaccounts, activities between 
mutual funds that they manage such as transfers by clients between 
mutual funds that they manage, individual transaction amounts and the 
reason funds are being moved from or to a particular account. Such 
information provides asset managers with a better understanding of the 
accounts that they manage and the reason that clients are investing 
within certain products. This understanding allows asset managers to 
better serve clients by providing products to address their 
requirements. Asset managers have indicated that such transaction-
specific information does not need to include individual client 
information with respect to the transactions, such as the identity of 
the underlying clients.
    This daily subaccount transactional information is currently 
included within the file that insurance carriers send to distributors 
as part of the I&RS Financial Activity Reporting (``FAR'') service.\7\ 
FAR enables insurance carriers to provide distributors with daily 
individual and group annuity and life insurance financial transaction 
information, including information relating to subaccounts. 
Distributors use this information, including the subaccount 
transactional information, to manage their client's accounts.
---------------------------------------------------------------------------

    \7\ Section 8 of Rule 57, supra note 6. FAR enables Insurance 
Carrier/Retirement Services Members to transmit IPS Data regarding 
financial transactions and related activity specific to an IPS 
Eligible Product to Members, Mutual Fund/Insurance Services Members 
and Data Services Only Members. Id.
---------------------------------------------------------------------------

    NSCC is proposing to take the transaction-specific subaccount data 
that it receives within the FAR files and make it available to asset 
managers that sign up for the feature. In connection with sending the 
transaction-specific subaccount data, NSCC may send the data to third 
party service providers who have been engaged by the asset managers to 
take the data from NSCC and organize it on behalf of the asset managers 
and/or provide a central repository pursuant to which asset managers 
may retrieve such information from NSCC. NSCC may enter into a contract 
with such service providers to ensure among other things that the data 
is being used as contemplated by the Rules and that there are proper 
safeguards to ensure data security.
    NSCC is proposing to charge the asset managers that sign up for the 
feature and gain access to the subaccount data a monthly fee of $2,500. 
Asset managers that are not Members or Limited Members would also be 
required to enter into an agreement relating to the payment of the fees 
and such other conditions as determined by NSCC to gain access to the 
subaccount data, including system requirements.
(ii) Proposed Rule Changes
    The proposed rule change would amend Rule 57 to provide that NSCC 
would make available transaction-specific subaccount data to asset 
managers and service providers engaged by them to process the 
applicable data. The proposed rule change would also provide that asset 
managers which are not Members or Limited Members would be required to 
enter into such agreements with the NSCC as determined by NSCC to gain 
access to the subaccount data which agreements would include an 
agreement to pay the fees set forth in in the Rules to access the data 
and to set up any system requirements necessary to access the data. The 
proposed rule change would also provide that service providers 
receiving the subaccount data on behalf of asset managers would also be 
required to enter into such agreements as determined by the Corporation 
in order to gain access to such subaccount data on behalf of such asset 
managers to ensure the data is being sent to asset managers as 
contemplated in the Rules and that there are proper safeguards by the 
service provider to ensure data security
    In addition, NSCC would amend Addendum A of the NSCC Rules to 
include the fees for subscription for the subaccount data feature.
2. Statutory Basis
    Section 17A(b)(3)(F) of the Act \8\ requires, in part, that the 
Rules be designed to foster cooperation and coordination with persons 
engaged in the clearance and settlement of securities transactions. The 
proposed rule change would enhance insurance carriers' ability to send, 
and asset managers' ability to access and retrieve, daily transaction-
specific subaccount data relating to the assets and funds that such 
asset managers manage that are within variable annuities and variable 
life insurance contracts. Currently, there is not a structured method 
of providing transaction-specific subaccount information to asset 
managers, and insurance carriers historically have not consistently 
provided such information to asset managers. The proposed rule change 
would allow the transaction-specific subaccount information to be 
shared by insurance carriers with asset managers in a standardized 
format. As such, NSCC believes that the proposed rule change would 
foster cooperation and coordination among persons engaged in the 
clearance and settlement of securities, consistent with the 
requirements of Section 17A(b)(3)(F) of the Act.\9\
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    \8\ 15 U.S.C. 78q-1(b)(3)(F).
    \9\ Id.
---------------------------------------------------------------------------

    Section 17A(b)(3)(D) of the Act \10\ requires that the Rules 
provide for the equitable allocation of reasonable dues, fees, and 
other charges among its participants. NSCC believes that the proposed 
rule change to Addendum A is consistent with this provision of the Act 
because the proposed fees would

[[Page 39483]]

align with the cost of delivering the proposed subaccount data feature, 
and such fees would be allocated equitably among the entities that 
subscribe for access to the subaccount data. Specifically, the costs to 
NSCC for providing the feature would include building the capability to 
separate the subaccount data from the FAR files sent by insurance 
carriers, segregating such data by asset manager, drafting and 
negotiating agreements with asset managers relating to receiving the 
data and drafting and negotiating agreements with service providers who 
are receiving and distributing subaccount data on behalf of asset 
managers. NSCC believes that the costs for adding and operating the 
feature on behalf of asset managers would be approximately equal to the 
fees anticipated to be received by NSCC from the asset managers for use 
of this feature. In addition, such fees would be charged only to those 
asset managers that choose to subscribe to the feature. Therefore, by 
establishing fees that align with the cost of delivery of this feature 
and allocating those fees equitably among the subscribing asset 
managers, the proposed rule change would provide for the equitable 
allocation of reasonable dues, fees and other charges among its 
participants consistent with the requirements of Section 17A(b)(3)(D) 
of the Act.\11\
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    \10\ 15 U.S.C. 78q-1(b)(3)(D).
    \11\ Id.
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change would have any 
adverse impact, or impose any burden, on competition because the 
proposed rule change would add an optional feature to NSCC's services 
that would provide access by asset managers to transaction-specific 
subaccount data that is included within the FAR files. As an optional 
feature available for subscription, the proposed rule change would not 
disproportionally impact any NSCC participants.
    Moreover, because the proposed rule change would allow asset 
managers to receive transaction-specific subaccount data and use that 
information to better service the funds and assets within variable 
products, NSCC believes the proposed rule change would have a positive 
effect on competition among asset managers. The proposed feature would 
provide these firms with a method of receiving transaction-specific 
subaccount data similar to the information that such asset managers 
currently receive with respect to retail mutual funds. Receiving 
transaction-specific subaccount information with respect to variable 
products would provide asset managers a better understanding of client 
requirements and allow asset managers to adjust their products so that 
they are better suited for clients of variable annuities and variable 
life insurance contracts. NSCC believes this would enhance competition 
among asset managers by enabling each to more quickly provide competing 
products meeting client requirements.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change 
Received From Members, Participants, or Others

    NSCC has not received or solicited any written comments relating to 
this proposal. NSCC will notify the Commission of any written comments 
received by NSCC.

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) \12\ of the Act and subparagraphs (f)(2) \13\ and (f)(4) 
\14\ 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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    \12\ 15 U.S.C 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
    \14\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NSCC-2018-005 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-NSCC-2018-005. 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 (http://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 NSCC and on DTCC's website 
(http://dtcc.com/legal/sec-rule-filings.aspx). 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-NSCC-2018-005 and should be submitted on 
or before August 30, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-17007 Filed 8-8-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices                                                   39481

                                                to ensure that fund shareholders and                    Affairs, Office of Management and                      Services (‘‘I&RS’’). The proposed rule
                                                directors receive adequate information                  Budget, Room 10102, New Executive                      change would enhance existing I&RS
                                                to evaluate and approve a rule 12b–1                    Office Building, Washington, DC 20503,                 services to provide for the delivery of
                                                plan and, thus, are necessary for                       or by sending an email to: Shagufta_                   certain transaction data relating to
                                                investor protection. The requirement of                 Ahmed@omb.eop.gov; and (ii) Pamela                     variable annuity and variable life
                                                quarterly reporting to the board is                     Dyson, Director/Chief Information                      insurance subaccounts (‘‘variable
                                                designed to ensure that the rule 12b–1                  Officer, Securities and Exchange                       product subaccounts’’) and implement
                                                plan continues to benefit the fund and                  Commission, c/o Candace Kenner, 100 F                  fees associated with this proposed
                                                its shareholders. The recordkeeping                     Street NE, Washington, DC 20549 or                     feature, as described in greater detail
                                                requirements of the rule are necessary to               send an email to: PRA_Mailbox@                         below.6
                                                enable Commission staff to oversee                      sec.gov. Comments must be submitted to
                                                compliance with the rule. The                           OMB within 30 days of this notice.                     II. Clearing Agency’s Statement of the
                                                requirement that funds or their advisers                                                                       Purpose of, and Statutory Basis for, the
                                                                                                          Dated: August 3, 2018.                               Proposed Rule Change
                                                implement, and fund boards approve,                     Eduardo A. Aleman,
                                                policies and procedures in order to                                                                               In its filing with the Commission, the
                                                                                                        Assistant Secretary.
                                                prevent persons charged with allocating                                                                        clearing agency included statements
                                                                                                        [FR Doc. 2018–16998 Filed 8–8–18; 8:45 am]             concerning the purpose of and basis for
                                                fund brokerage from taking distribution
                                                                                                        BILLING CODE 8011–01–P                                 the proposed rule change and discussed
                                                efforts into account is designed to
                                                ensure that funds’ selection of brokers to                                                                     any comments it received on the
                                                effect portfolio securities transactions is                                                                    proposed rule change. The text of these
                                                                                                        SECURITIES AND EXCHANGE                                statements may be examined at the
                                                not influenced by considerations about
                                                                                                        COMMISSION
                                                the sale of fund shares.                                                                                       places specified in Item IV below. The
                                                   Commission staff estimates that there                [Release No. 34–83774; File No. SR–NSCC–               clearing agency has prepared
                                                are approximately 7,858 fund portfolios                 2018–005]                                              summaries, set forth in sections A, B,
                                                that have at least one share class subject                                                                     and C below, of the most significant
                                                to a rule 12b–1 plan and approximately                  Self-Regulatory Organizations;                         aspects of such statements.
                                                323 fund families with common boards                    National Securities Clearing
                                                of directors that have at least one fund                Corporation; Notice of Filing and                      (A) Clearing Agency’s Statement of the
                                                with a 12b–1 plan. The Commission                       Immediate Effectiveness of Proposed                    Purpose of, and Statutory Basis for, the
                                                further estimates that the annual hour                  Rule Change To Provide for the                         Proposed Rule Change
                                                burden for complying with the rule is                   Delivery of Certain Transaction Data                   1. Purpose
                                                425 hours for each fund family with a                   Relating to Variable Annuity and
                                                                                                        Variable Life Insurance Subaccounts                       The proposed rule change consists of
                                                portfolio that has a rule 12b–1 plan. We                                                                       modifications to the Rules in order to
                                                therefore estimate that the total hourly                and Implement Fees Associated With
                                                                                                        This Proposed Feature                                  reflect proposed enhancements to I&RS
                                                burden per year for all funds to comply
                                                                                                                                                               services. The proposed rule change
                                                with current information collection                     August 3, 2018.                                        would enhance existing I&RS services to
                                                requirements under rule 12b–1 is                           Pursuant to Section 19(b)(1) of the                 provide for the delivery of certain
                                                137,275 hours. Commission staff                         Securities Exchange Act of 1934, as                    transaction data relating to variable
                                                estimates that approximately three                      amended (‘‘Act’’),1 and Rule 19b–4                     product subaccounts and implement
                                                funds per year prepare a proxy in                       thereunder,2 notice is hereby given that               fees associated with this proposed
                                                connection with the adoption or                         on July 26, 2018, National Securities                  feature, as described in greater detail
                                                material amendment of a rule 12b–1                      Clearing Corporation (‘‘NSCC’’) filed                  below.
                                                plan. The staff further estimates that the              with the Securities and Exchange
                                                cost of each fund’s proxy is $34,849.                   Commission (‘‘Commission’’) the                        (i) Variable Product Subaccounts
                                                Thus, the total annual cost burden of                   proposed rule change as described in                      An annuity is a contract between a
                                                rule 12b–1 to the fund industry is                      Items I, II and III below, which Items                 holder and an insurance carrier
                                                $104,547.                                               have been prepared by the clearing                     pursuant to which the holder makes an
                                                   Estimates of average burden hours
                                                                                                        agency. NSCC filed the proposed rule                   upfront payment to an insurance carrier
                                                and costs are made solely for purposes
                                                                                                        change pursuant to Section 19(b)(3)(A) 3               and the insurance carrier agrees to pay
                                                of the Paperwork Reduction Act and are
                                                                                                        of the Act and subparagraphs (f)(2) 4 and              the holder periodic payments at a future
                                                not derived from a comprehensive or
                                                                                                        (f)(4) 5 of Rule 19b–4 thereunder. The                 date. A variable annuity is a type of
                                                even representative survey or study of
                                                                                                        Commission is publishing this notice to                annuity that allows the holder to choose
                                                the costs of Commission rules and
                                                                                                        solicit comments on the proposed rule                  from a selection of investment options,
                                                forms. The collections of information
                                                                                                        change from interested persons.                        or ‘‘subaccounts,’’ within the annuity
                                                required by Rule 12b–1 are necessary to
                                                                                                                                                               and the periodic payments paid by the
                                                obtain the benefits of the rule. Notices                I. Clearing Agency’s Statement of the
                                                                                                                                                               insurance carrier are determined, in
                                                to the Commission will not be kept                      Terms of Substance of the Proposed
                                                confidential. An agency may not                                                                                part, by the performance of the
                                                                                                        Rule Change
                                                conduct or sponsor, and a person is not                                                                        subaccounts selected by the holder. A
                                                                                                           The proposed rule change consists of                variable life insurance contract operates
                                                required to respond to a collection of                  modifications to NSCC’s Rules &
                                                information unless it displays a                                                                               in a similar manner. The variable life
                                                                                                        Procedures (‘‘Rules’’) in order to reflect             insurance carries a ‘‘cash value’’ and the
sradovich on DSK3GMQ082PROD with NOTICES




                                                currently valid OMB control number.                     proposed enhancements to NSCC’s
                                                   The public may view the background                                                                          purchaser can choose from a selection of
                                                                                                        Insurance and Retirement Processing                    investment subaccounts to invest the
                                                documentation for this information
                                                collection at the following website,                                                                           cash value. The subaccounts for variable
                                                                                                          1 15 U.S.C. 78s(b)(1).
                                                www.reginfo.gov. Comments should be                       2 17 CFR 240.19b–4.                                    6 Capitalized terms used herein and not otherwise
                                                directed to: (i) Desk Officer for the                     3 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                               defined shall have the meaning assigned to such
                                                Securities and Exchange Commission,                       4 17 CFR 240.19b–4(f)(2).
                                                                                                                                                               terms in, available at http://dtcc.com/∼/media/
                                                Office of Information and Regulatory                      5 17 CFR 240.19b–4(f)(4).                            Files/Downloads/legal/rules/nscc_rules.pdf.



                                           VerDate Sep<11>2014   18:11 Aug 08, 2018   Jkt 244001   PO 00000   Frm 00080   Fmt 4703    Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1


                                                39482                        Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices

                                                products are frequently structured to be                indicated that such transaction-specific               agreements with the NSCC as
                                                similar to mutual funds and are                         information does not need to include                   determined by NSCC to gain access to
                                                managed by mutual fund asset                            individual client information with                     the subaccount data which agreements
                                                managers.                                               respect to the transactions, such as the               would include an agreement to pay the
                                                   Historically asset managers have                     identity of the underlying clients.                    fees set forth in in the Rules to access
                                                received certain information relating to                   This daily subaccount transactional                 the data and to set up any system
                                                the affiliated subaccounts they manage                  information is currently included                      requirements necessary to access the
                                                on an aggregate basis from insurance                    within the file that insurance carriers                data. The proposed rule change would
                                                carriers rather than on an individual                   send to distributors as part of the I&RS               also provide that service providers
                                                transactional basis with respect to each                Financial Activity Reporting (‘‘FAR’’)                 receiving the subaccount data on behalf
                                                subaccount. For instance, an insurance                  service.7 FAR enables insurance carriers               of asset managers would also be
                                                carrier will send settlement amounts to                 to provide distributors with daily                     required to enter into such agreements
                                                the asset manager reflecting the                        individual and group annuity and life                  as determined by the Corporation in
                                                aggregate amounts invested in each                      insurance financial transaction                        order to gain access to such subaccount
                                                subaccount at any given time but will                   information, including information                     data on behalf of such asset managers to
                                                not send any individual transactional                   relating to subaccounts. Distributors use              ensure the data is being sent to asset
                                                data relating to how those amounts were                 this information, including the                        managers as contemplated in the Rules
                                                invested in each subaccount. As an                      subaccount transactional information, to               and that there are proper safeguards by
                                                example, if two clients each invested in                manage their client’s accounts.                        the service provider to ensure data
                                                a subaccount in one day and another                        NSCC is proposing to take the                       security
                                                client transfers funds from the                         transaction-specific subaccount data                     In addition, NSCC would amend
                                                subaccount on the same day, the                         that it receives within the FAR files and              Addendum A of the NSCC Rules to
                                                insurance carrier would provide the                     make it available to asset managers that               include the fees for subscription for the
                                                asset manager the aggregate amount of                   sign up for the feature. In connection                 subaccount data feature.
                                                funds remaining in the subaccount at                    with sending the transaction-specific
                                                                                                                                                               2. Statutory Basis
                                                the end of the day and will not specify                 subaccount data, NSCC may send the
                                                that two of its clients invested in the                 data to third party service providers                     Section 17A(b)(3)(F) of the Act 8
                                                subaccount and one client removed                       who have been engaged by the asset                     requires, in part, that the Rules be
                                                funds from the subaccount or any                        managers to take the data from NSCC                    designed to foster cooperation and
                                                details relating to the individual                      and organize it on behalf of the asset                 coordination with persons engaged in
                                                transactions.                                           managers and/or provide a central                      the clearance and settlement of
                                                   Asset managers would like access to                  repository pursuant to which asset                     securities transactions. The proposed
                                                the information specific to the                         managers may retrieve such information                 rule change would enhance insurance
                                                individual transactions for the                         from NSCC. NSCC may enter into a                       carriers’ ability to send, and asset
                                                subaccounts that they manage to get a                   contract with such service providers to                managers’ ability to access and retrieve,
                                                better understanding of the business of                 ensure among other things that the data                daily transaction-specific subaccount
                                                the subaccounts. The subaccount                         is being used as contemplated by the                   data relating to the assets and funds that
                                                transaction-specific information that the               Rules and that there are proper                        such asset managers manage that are
                                                asset managers would like to receive                    safeguards to ensure data security.                    within variable annuities and variable
                                                with respect to each subaccount                            NSCC is proposing to charge the asset               life insurance contracts. Currently, there
                                                transaction includes the name of the                    managers that sign up for the feature                  is not a structured method of providing
                                                insurance carrier, the date of the                      and gain access to the subaccount data                 transaction-specific subaccount
                                                transaction, the broker-dealer named on                 a monthly fee of $2,500. Asset managers                information to asset managers, and
                                                the transaction, the individual advisor                 that are not Members or Limited                        insurance carriers historically have not
                                                listed on the transaction, the type of                  Members would also be required to                      consistently provided such information
                                                transaction (e.g., new purchase, death                  enter into an agreement relating to the                to asset managers. The proposed rule
                                                claim, rebalance, subaccount transfer to                payment of the fees and such other                     change would allow the transaction-
                                                or from the subaccount, etc.) and the                   conditions as determined by NSCC to                    specific subaccount information to be
                                                amount of the transaction. Asset                        gain access to the subaccount data,                    shared by insurance carriers with asset
                                                managers get this information, as                       including system requirements.                         managers in a standardized format. As
                                                applicable, with respect to retail mutual                                                                      such, NSCC believes that the proposed
                                                funds that they manage and such                         (ii) Proposed Rule Changes                             rule change would foster cooperation
                                                information is useful to indicate the                      The proposed rule change would                      and coordination among persons
                                                investment advisors that are working                    amend Rule 57 to provide that NSCC                     engaged in the clearance and settlement
                                                with clients purchasing their                           would make available transaction-                      of securities, consistent with the
                                                subaccounts, activities between mutual                  specific subaccount data to asset                      requirements of Section 17A(b)(3)(F) of
                                                funds that they manage such as transfers                managers and service providers engaged                 the Act.9
                                                by clients between mutual funds that                    by them to process the applicable data.                   Section 17A(b)(3)(D) of the Act 10
                                                they manage, individual transaction                     The proposed rule change would also                    requires that the Rules provide for the
                                                amounts and the reason funds are being                  provide that asset managers which are                  equitable allocation of reasonable dues,
                                                moved from or to a particular account.                  not Members or Limited Members                         fees, and other charges among its
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                                                Such information provides asset                         would be required to enter into such                   participants. NSCC believes that the
                                                managers with a better understanding of                                                                        proposed rule change to Addendum A
                                                the accounts that they manage and the                      7 Section 8 of Rule 57, supra note 6. FAR enables
                                                                                                                                                               is consistent with this provision of the
                                                reason that clients are investing within                Insurance Carrier/Retirement Services Members to       Act because the proposed fees would
                                                certain products. This understanding                    transmit IPS Data regarding financial transactions
                                                                                                        and related activity specific to an IPS Eligible
                                                allows asset managers to better serve                   Product to Members, Mutual Fund/Insurance
                                                                                                                                                                8 15    U.S.C. 78q–1(b)(3)(F).
                                                clients by providing products to address                Services Members and Data Services Only                 9 Id.

                                                their requirements. Asset managers have                 Members. Id.                                            10 15   U.S.C. 78q–1(b)(3)(D).



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                                                                             Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices                                                 39483

                                                align with the cost of delivering the                   respect to variable products would                    number should be included on the
                                                proposed subaccount data feature, and                   provide asset managers a better                       subject line if email is used. To help the
                                                such fees would be allocated equitably                  understanding of client requirements                  Commission process and review your
                                                among the entities that subscribe for                   and allow asset managers to adjust their              comments more efficiently, please use
                                                access to the subaccount data.                          products so that they are better suited               only one method. The Commission will
                                                Specifically, the costs to NSCC for                     for clients of variable annuities and                 post all comments on the Commission’s
                                                providing the feature would include                     variable life insurance contracts. NSCC               internet website (http://www.sec.gov/
                                                building the capability to separate the                 believes this would enhance                           rules/sro.shtml). Copies of the
                                                subaccount data from the FAR files sent                 competition among asset managers by                   submission, all subsequent
                                                by insurance carriers, segregating such                 enabling each to more quickly provide                 amendments, all written statements
                                                data by asset manager, drafting and                     competing products meeting client                     with respect to the proposed rule
                                                negotiating agreements with asset                       requirements.                                         change that are filed with the
                                                managers relating to receiving the data                                                                       Commission, and all written
                                                and drafting and negotiating agreements                 (C) Clearing Agency’s Statement on
                                                                                                                                                              communications relating to the
                                                with service providers who are                          Comments on the Proposed Rule
                                                                                                                                                              proposed rule change between the
                                                receiving and distributing subaccount                   Change Received From Members,
                                                                                                                                                              Commission and any person, other than
                                                data on behalf of asset managers. NSCC                  Participants, or Others
                                                                                                                                                              those that may be withheld from the
                                                believes that the costs for adding and                    NSCC has not received or solicited                  public in accordance with the
                                                operating the feature on behalf of asset                any written comments relating to this                 provisions of 5 U.S.C. 552, will be
                                                managers would be approximately equal                   proposal. NSCC will notify the                        available for website viewing and
                                                to the fees anticipated to be received by               Commission of any written comments                    printing in the Commission’s Public
                                                NSCC from the asset managers for use                    received by NSCC.                                     Reference Room, 100 F Street NE,
                                                of this feature. In addition, such fees                                                                       Washington, DC 20549 on official
                                                would be charged only to those asset                    III. Date of Effectiveness of the
                                                                                                        Proposed Rule Change, and Timing for                  business days between the hours of
                                                managers that choose to subscribe to the                                                                      10:00 a.m. and 3:00 p.m. Copies of the
                                                feature. Therefore, by establishing fees                Commission Action
                                                                                                                                                              filing also will be available for
                                                that align with the cost of delivery of                    The foregoing rule change has become               inspection and copying at the principal
                                                this feature and allocating those fees                  effective pursuant to Section                         office of NSCC and on DTCC’s website
                                                equitably among the subscribing asset                   19(b)(3)(A) 12 of the Act and                         (http://dtcc.com/legal/sec-rule-
                                                managers, the proposed rule change                      subparagraphs (f)(2) 13 and (f)(4) 14 of              filings.aspx). All comments received
                                                would provide for the equitable                         Rule 19b–4 thereunder. At any time                    will be posted without change; the
                                                allocation of reasonable dues, fees and                 within 60 days of the filing of the                   Commission does not edit personal
                                                other charges among its participants                    proposed rule change, the Commission                  identifying information from
                                                consistent with the requirements of                     summarily may temporarily suspend                     submissions. You should submit only
                                                Section 17A(b)(3)(D) of the Act.11                      such rule change if it appears to the                 information that you wish to make
                                                (B) Clearing Agency’s Statement on                      Commission that such action is                        available publicly. All submissions
                                                Burden on Competition                                   necessary or appropriate in the public                should refer to File Number SR–NSCC–
                                                                                                        interest, for the protection of investors,            2018–005 and should be submitted on
                                                   NSCC does not believe that the                       or otherwise in furtherance of the
                                                proposed rule change would have any                                                                           or before August 30, 2018.
                                                                                                        purposes of the Act.
                                                adverse impact, or impose any burden,                                                                           For the Commission, by the Division of
                                                on competition because the proposed                     IV. Solicitation of Comments                          Trading and Markets, pursuant to delegated
                                                rule change would add an optional                                                                             authority.15
                                                                                                          Interested persons are invited to
                                                feature to NSCC’s services that would                   submit written data, views and                        Eduardo A. Aleman,
                                                provide access by asset managers to                     arguments concerning the foregoing,                   Assistant Secretary.
                                                transaction-specific subaccount data                    including whether the proposed rule                   [FR Doc. 2018–17007 Filed 8–8–18; 8:45 am]
                                                that is included within the FAR files. As               change is consistent with the Act.                    BILLING CODE 8011–01–P
                                                an optional feature available for                       Comments may be submitted by any of
                                                subscription, the proposed rule change                  the following methods:
                                                would not disproportionally impact any                                                                        SECURITIES AND EXCHANGE
                                                NSCC participants.                                      Electronic Comments                                   COMMISSION
                                                   Moreover, because the proposed rule                    • Use the Commission’s internet
                                                change would allow asset managers to                    comment form (http://www.sec.gov/                     Submission for OMB Review;
                                                receive transaction-specific subaccount                 rules/sro.shtml); or                                  Comment Request
                                                data and use that information to better                   • Send an email to rule-comments@                   Upon Written Request, Copies Available
                                                service the funds and assets within                     sec.gov. Please include File Number SR–                From: Securities and Exchange
                                                variable products, NSCC believes the                    NSCC–2018–005 on the subject line.                     Commission, Office of FOIA Services,
                                                proposed rule change would have a
                                                                                                        Paper Comments                                         100 F Street NE, Washington, DC
                                                positive effect on competition among
                                                                                                                                                               20549–2736
                                                asset managers. The proposed feature                      • Send paper comments in triplicate
                                                would provide these firms with a                        to Secretary, Securities and Exchange                 Extension:
                                                                                                                                                                Form ADV–E, SEC File No. 270–318, OMB
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                                                method of receiving transaction-specific                Commission, 100 F Street NE,
                                                                                                                                                                  Control No. 3235–0361
                                                subaccount data similar to the                          Washington, DC 20549.
                                                information that such asset managers                    All submissions should refer to File                    Notice is hereby given that, pursuant
                                                currently receive with respect to retail                Number SR–NSCC–2018–005. This file                    to the Paperwork Reduction Act of 1995
                                                mutual funds. Receiving transaction-                                                                          (44 U.S.C. 3501 et seq.), the Securities
                                                specific subaccount information with                      12 15 U.S.C 78s(b)(3)(A).                           and Exchange Commission (the
                                                                                                          13 17 CFR 240.19b–4(f)(2).
                                                  11 Id.                                                  14 17 CFR 240.19b–4(f)(4).                            15 17   CFR 200.30–3(a)(12).



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Document Created: 2018-08-09 01:10:42
Document Modified: 2018-08-09 01:10:42
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 Citation83 FR 39481 

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