83 FR 53128 - Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Clearing Agency Policy on Capital Requirements and the Clearing Agency Capital Replenishment Plan
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 203 (October 19, 2018)
Federal Register Volume 83, Issue 203 (October 19, 2018)
| Page Range | 53128-53131 | |
| FR Document | 2018-22780 |
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)] [Notices] [Pages 53128-53131] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22780] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-84428; File No. SR-NSCC-2018-008] Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Clearing Agency Policy on Capital Requirements and the Clearing Agency Capital Replenishment Plan October 15, 2018. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on October 4, 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) of the Act \3\ and Rule 19b-4(f)(4) thereunder.\4\ The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ 15 U.S.C. 78s(b)(3)(A). \4\ 17 CFR 240.19b-4(f)(4). --------------------------------------------------------------------------- I. Clearing Agency's Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change consists of amendments to (i) the Clearing Agency Policy on Capital Requirements (``Capital Policy'' or ``Policy'') of NSCC and its affiliates, The Depository Trust Company (``DTC'') and Fixed Income Clearing Corporation (``FICC,'' and together with DTC and NSCC, the ``Clearing Agencies''); and (ii) the Clearing Agency Capital Replenishment Plan (``Capital Replenishment Plan'' or ``Plan'') of the Clearing Agencies. In particular, the proposed revisions to the Capital Policy and Capital Replenishment Plan would (1) correct typographical errors and make other technical revisions to correct and simplify statements in the Policy and Plan; (2) replace references in the Policy and Plan to the ``Credit Risk Capital Requirement'' with the ``Corporate Contribution;'' and (3) update references in the Policy to the Recovery & Wind-down Plans of each of the Clearing Agencies, which were recently adopted by the Clearing Agencies, as described in greater detail below. II. Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the clearing agency included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The clearing agency has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. (A) Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Clearing Agencies are proposing to revise the Capital Policy and Capital Replenishment Plan, which were adopted by the Clearing Agencies in July 2017 \5\ and are maintained by the Clearing Agencies in compliance with Rule 17Ad-22(e)(15) under the Act.\6\ --------------------------------------------------------------------------- \5\ See Securities Exchange Act Release No. 81105 (July 7, 2017), 82 FR 32399 (July 13, 2017) (SR-DTC-2017-003, SR-FICC-2017- 007, SR-NSCC-2017-004). \6\ 17 CFR 240.17Ad-22(e)(15). --------------------------------------------------------------------------- Overview of the Capital Policy and Capital Replenishment Plan The Capital Policy sets forth the manner in which each Clearing Agency identifies, monitors, and manages its general business risk with respect to the requirement to hold sufficient liquid net assets (``LNA'') funded by equity to cover potential general business losses so the Clearing Agency can continue operations and services as a going concern if such losses materialize.\7\ The amount of LNA funded by equity to be held by each of the Clearing Agencies for this purpose is defined in the Policy as the General Business Risk Capital Requirement. The Policy provides that the General Business Risk Requirement is calculated for each Clearing Agency as the greatest of three separate calculations--(1) an amount based on that Clearing Agency's general business risk profile (``Risk-Based Capital Requirement''), (2) an amount based on the time estimated to execute a recovery or orderly wind-down of the critical operations of that Clearing Agency (``Recovery/Wind-down Capital Requirement''), and (3) an amount based on an analysis of that Clearing Agency's estimated operating expenses for a six month period (``Operating Expense Capital Requirement''). On an annual basis, each of these three capital [[Page 53129]] requirements are measured, and the General Business Risk Capital Requirement for each Clearing Agency are determined as the greatest of these calculations. --------------------------------------------------------------------------- \7\ Id. --------------------------------------------------------------------------- Currently, the Capital Policy also addresses how each Clearing Agency maintains a portion of retained earnings as LNA funded by equity as its Credit Risk Capital Requirement, as a part of its management of credit risk \8\ and pursuant to their respective rules.\9\ These resources are maintained to address losses due to a participant default, and are held in addition to the LNA funded by equity held by each of the Clearing Agencies as its General Business Risk Capital Requirement. The Capital Policy describes how each Clearing Agency's General Business Risk Capital Requirement and Credit Risk Capital Requirement fit within the Clearing Agencies' Capital Framework, where the Total Capital Requirement of each Clearing Agency is calculated as the sum of its General Business Risk Capital Requirement and Credit Risk Capital Requirement. --------------------------------------------------------------------------- \8\ LNA funded by equity held as the Clearing Agencies' Credit Risk Capital Requirement is held in addition to resources held by the Clearing Agencies for credit risk in compliance with Rule 17Ad- 22(e)(4) under the Act and in addition to resources held by the Clearing Agencies for liquidity risk in compliance with Rule 17Ad- 22(e)(7). 17 CFR 240.17Ad-22(e)(4), (7). \9\ The Rules, By-laws and Organizational Certificate of DTC (``DTC Rules''), the Rulebook of the Government Securities Division of FICC (``GSD Rules''), the Clearing Rules of the Mortgage-Backed Securities Division of FICC (``MBSD Rules''), or the Rules & Procedures of NSCC (``NSCC Rules,'' together with the DTC Rules, GSD Rules and MBSD Rules, the ``Clearing Agencies' Rules'' or ``Rules''), available at http://dtcc.com/legal/rules-and-procedures. --------------------------------------------------------------------------- The Policy also provides a plan for the replenishment of capital through the Capital Replenishment Plan. The Capital Replenishment Plan was adopted by the Clearing Agencies as a plan for the replenishment of capital by each Clearing Agency should its equity fall close to or below the amount being held as its Total Capital Requirement pursuant to the Capital Policy. The Capital Replenishment Plan identifies the circumstances that would trigger implementation of the Plan; the roles, responsibilities, and guiding principles for implementation of the Plan; and an overview and description of each of the tools that may be used to replenish capital.. Proposed Revisions to the Capital Policy and Capital Replenishment Plan As described in greater detail below, the Clearing Agencies are proposing to make certain revisions to the Capital Policy and Capital Replenishment Plan. First, the proposed revisions would correct typographical errors and make other technical revisions to correct and simplify statements in the Capital Policy and Capital Replenishment Plan. Second, the proposed revisions would replace references to the ``Credit Risk Capital Requirement'' with ``Corporate Contribution.'' This proposed change would reflect the implementation of recent revisions to the Clearing Agencies' Rules regarding allocation of losses.\10\ Finally, the proposed revisions would update the description of the calculation of the Recovery/Wind-down Capital Requirement in the Capital Policy to clarify that the Recovery & Wind-down Plans of each of the Clearing Agencies have been adopted by the Clearing Agencies.\11\ --------------------------------------------------------------------------- \10\ See Securities Exchange Act Release Nos. 83971 (August 28, 2018), 83 FR 44977 (September 4, 2018) (SR-NSCC-2017-018); 83952 (August 27, 2018), 83 FR 44354 (August 30, 2018) (SR-NSCC-2017-806). \11\ See Securities Exchange Act Release Nos. 83974 (August 28, 2018), 83 FR 44988 (September 4, 2018) (SR-NSCC-2017-017); 83955 (August 27, 2018), 83 FR 44340 (August 30, 2018) (SR-NSCC-2017-805). --------------------------------------------------------------------------- These proposed revisions are designed to enhance the clarity of the Policy and Plan and help ensure that they continue to operate as intended. 1. Technical Revisions NSCC is proposing technical revisions to the descriptions within the Capital Policy and Capital Replenishment Plan that would correct typographical errors, including, for example, removing a phrase that was incorrectly repeated in the same sentence. These revisions would also correct an error in Section 3 of the Policy, where the document was incorrectly referred to as the Plan. Such revisions would also update the documents. For example, the proposed changes would replace references in the Capital Policy and Capital Replenishment Plan to the Finance/Capital Committee of the Boards, which was disbanded September 2017, with the Boards, which has taken on the responsibilities of this Committee set forth in the Policy and Plan. These revisions would also include updating the Capital Replenishment Plan to revise the name of the ``Capital Contributions to DTCC Subsidiaries and Joint Ventures Policy'' to the new name of this document, the ``Capital Contributions Policy.'' \12\ --------------------------------------------------------------------------- \12\ This document is an internal policy that governs how The Depository Trust & Clearing Corporation may invest capital in its subsidiaries, including the Clearing Agencies, as well as affiliated joint ventures and non-affiliated companies. --------------------------------------------------------------------------- Finally, the proposed revisions would also simplify the descriptions in these documents. For example, these revisions would add a defined term for the Clearing Agencies' Rules to the Policy in order to simplify references to such rules and procedures in this document. 2. Addition of Corporate Contribution The proposed revisions would also replace references in the Capital Policy and Capital Replenishment Plan to the ``Credit Risk Capital Requirement'' with the ``Corporate Contribution.'' Currently, the Capital Policy describes how each Clearing Agency maintains a portion of retained earnings as LNA funded by equity as its Credit Risk Capital Requirement, in accordance with their respective Rules. Recently, the Clearing Agencies implemented revisions to their respective Rules to enhance the process by which they may allocate losses to their participants if the size of the losses exceed their prefunded resources.\13\ Such revisions included an amendment to the calculation and application of the amount of LNA funded by equity that are currently referred to in the Capital Policy and Capital Replenishment Plan as the Credit Risk Capital Requirement. --------------------------------------------------------------------------- \13\ Supra note 10. --------------------------------------------------------------------------- Specifically, the NSCC Rules previously provided that NSCC would contribute no less than 25 percent of its retained earnings (or such higher amount as the NSCC Board of Directors shall determine) to a loss or liability as the result of the failure of a defaulting member that is not satisfied by the defaulting member's Clearing Fund deposit. Pursuant to these recent changes, the NSCC Rules provide that an amount equal to 50 percent of NSCC's General Business Risk Capital Requirement (as such amount is defined in the Capital Policy), or such greater amount as the NSCC Board of Directors may determine, (``Corporate Contribution'') may be used to address unsatisfied losses or liabilities arising either from a member default or a non-default event. The Corporate Contribution applied to any losses arising from events that may occur during the next 250 business days would be reduced to the remaining unused portion of Corporate Contribution, if any.\14\ --------------------------------------------------------------------------- \14\ See supra notes 9 and 10. --------------------------------------------------------------------------- The amendments to the calculation and application of the resources that are now referred to as the Corporate Contribution did not change how these resources are described within the Policy or the Plan. The Corporate Contribution continues to represent resources maintained by the Clearing [[Page 53130]] Agencies to address losses due to a participant default, as a part of their management of credit risk.\15\ These resources also are still held in addition to the LNA funded by equity held by each of the Clearing Agencies as its General Business Risk Capital Requirement. --------------------------------------------------------------------------- \15\ As noted above, unlike the resources referred to in the Policy and Plan as the Credit Risk Capital Requirement, the Corporate Contribution would also be available to the Clearing Agencies to address losses due to events other than a participant default. --------------------------------------------------------------------------- Therefore, the Capital Policy and Capital Replenishment Plan would be revised to replace references to the Credit Risk Capital Requirement with references to the Corporate Contribution, and no other changes are needed to the description of this amount. 3. Update References to the Recovery & Wind-Down Plans of the Clearing Agencies The proposed revisions would also update the Capital Policy to make clear that the Recovery & Wind-down Plans of the Clearing Agencies have been adopted by the Clearing Agencies.\16\ Such references are currently made in connection with the description of the calculation of the Recovery/Wind-down Capital Requirement. --------------------------------------------------------------------------- \16\ Supra note 11. --------------------------------------------------------------------------- The Recovery/Wind-down Capital Requirement is an amount based on the time estimated to execute a recovery or orderly wind-down of the critical operations of that Clearing Agency and is used by the Clearing Agencies to determine their General Business Risk Capital Requirement. Each of the Clearing Agencies recently adopted a Recovery & Wind-down Plan, which provide plans for the recovery and orderly wind-down of each of the Clearing Agencies necessitated by credit losses, liquidity shortfalls, losses from general business risk, or any other losses.\17\ The Recovery & Wind-down Plans each include an analysis of the calculation of the Recovery/Wind-down Capital Requirement, based on the formula that is set forth in the Capital Policy. --------------------------------------------------------------------------- \17\ Id. --------------------------------------------------------------------------- The Clearing Agencies are proposing to revise the Capital Policy to make clear that the Recovery & Wind-down Plans have now been adopted by the Clearing Agencies. 2. Statutory Basis The Clearing Agencies believe that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a registered clearing agency. In particular, the Clearing Agencies believe that the Capital Policy and the Capital Replenishment Plan are both consistent with Section 17A(b)(3)(F) of the Act \18\ and Rule 17Ad-22(e)(15) under the Act,\19\ for the reasons described below. --------------------------------------------------------------------------- \18\ 15 U.S.C. 78q-1(b)(3)(F). \19\ 17 CFR 240.17Ad-22(e)(15). --------------------------------------------------------------------------- Section 17A(b)(3)(F) of the Act requires, in part, that the rules of the Clearing Agencies be designed to promote the prompt and accurate clearance and settlement of securities transactions, and to assure the safeguarding of securities and funds which are in the custody or control of the Clearing Agency or for which it is responsible.\20\ Together, the Capital Policy and the Capital Replenishment Plan are designed to ensure that each of the Clearing Agencies hold sufficient LNA funded by equity to cover potential general business losses so that it can continue the prompt and accurate clearance and settlement of securities transactions and can continue to assure the safeguarding of securities and funds which are in its custody or control or for which it is responsible if those losses materialize. By correcting errors and updating the Capital Policy and Capital Replenishment Plan to be consistent with recent changes implemented by the Clearing Agencies, the proposed revisions would allow the Clearing Agencies to maintain these documents to operate in the way they were intended. Therefore, such proposed revisions would be consistent with the requirements of Section 17A(b)(3)(F) of the Act.\21\ --------------------------------------------------------------------------- \20\ 15 U.S.C. 78q-1(b)(3)(F). \21\ Id. --------------------------------------------------------------------------- Rule 17Ad-22(e)(15) requires the Clearing Agencies to establish, implement, maintain and enforce written policies and procedures reasonably designed to identify, monitor, and manage their respective general business risk and hold sufficient liquid net assets funded by equity to cover potential general business losses so that the Clearing Agencies can continue operations and services as a going concern if those losses materialize.\22\ As originally implemented, the Capital Policy and the Capital Replenishment Plan were designed to meet the requirements of Rule 17Ad-22(e)(15) under the Act.\23\ As stated above, the proposed revisions would update the Capital Policy and Capital Replenishment Plan to be consistent with recent changes implemented by the Clearing Agencies. In this way, the proposed changes would allow the Clearing Agencies to maintain these documents in a way that to meet these requirements. Therefore, such proposed revisions would be consistent with the requirements of Rule 17Ad-22(e)(15) under the Act.\24\ --------------------------------------------------------------------------- \22\ 17 CFR 240.17Ad-22(e)(15). \23\ See supra note 5. \24\ 17 CFR 240.17Ad-22(e)(15). --------------------------------------------------------------------------- (B) Clearing Agency's Statement on Burden on Competition Each of the Clearing Agencies believes that none of the proposed revisions to the Capital Policy and the Capital Replenishment Plan would have any impact, or impose any burden, on competition. The Policy and the Plan are maintained by the Clearing Agencies in order to satisfy their regulatory requirements and generally reflect internal tools and procedures. Tools and procedures that have a direct impact on the rights, responsibilities or obligations of members or participants of the Clearing Agencies are reflected in the Clearing Agencies' Rules. Accordingly, the Capital Policy and Capital Replenishment Plan themselves are documents that enhance the Clearing Agencies' regulatory compliance and internal management and do not have any impact, or impose any burden, on competition. The proposed revisions to correct and update the Capital Policy and Capital Replenishment Plan would not affect any changes on the fundamental purpose or operation of these documents and, as such, would also not have any impact, or impose any burden, on competition. (C) Clearing Agency's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Clearing Agencies have not solicited or received any written comments relating to this proposal. The Clearing Agencies will notify the Commission of any written comments received by the Clearing Agencies. 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) of the Act \25\ and paragraph (f) of Rule 19b-4 thereunder.\26\ 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 [[Page 53131]] investors, or otherwise in furtherance of the purposes of the Act. --------------------------------------------------------------------------- \25\ 15 U.S.C. 78s(b)(3)(A). \26\ 17 CFR 240.19b-4(f). --------------------------------------------------------------------------- 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 CommentsUse the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NSCC-2018-008 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-2018-008. 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. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NSCC-2018-008 and should be submitted on or before November 9, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\27\ --------------------------------------------------------------------------- \27\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-22780 Filed 10-18-18; 8:45 am] BILLING CODE 8011-01-P
![53128 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices
collection of information provided for in SECURITIES AND EXCHANGE II. Clearing Agency’s Statement of the
Rule 15g–5—Disclosure of COMMISSION Purpose of, and Statutory Basis for, the
Compensation of Associated Persons in Proposed Rule Change
Connection with Penny Stock [Release No. 34–84428; File No. SR–NSCC– In its filing with the Commission, the
Transactions—(17 CFR 240.15g–5) 2018–008] clearing agency included statements
under the Securities Exchange Act of concerning the purpose of and basis for
1934 (15 U.S.C. 78a et seq.). Self-Regulatory Organizations;
the proposed rule change and discussed
National Securities Clearing
Rule 15g–5 requires brokers and any comments it received on the
Corporation; Notice of Filing and proposed rule change. The text of these
dealers to disclose to customers the Immediate Effectiveness of Proposed
amount of compensation to be received statements may be examined at the
Rule Change To Amend the Clearing places specified in Item IV below. The
by their sales agents in connection with Agency Policy on Capital clearing agency has prepared
penny stock transactions. The purpose Requirements and the Clearing Agency summaries, set forth in sections A, B,
of the rule is to increase the level of Capital Replenishment Plan and C below, of the most significant
disclosure to investors concerning aspects of such statements.
October 15, 2018.
penny stocks generally and specific
penny stock transactions. Pursuant to Section 19(b)(1) of the (A) Clearing Agency’s Statement of the
Securities Exchange Act of 1934 Purpose of, and Statutory Basis for, the
The Commission estimates that (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Proposed Rule Change
approximately 195 broker-dealers will notice is hereby given that on October
spend an average of 87 hours annually 4, 2018, National Securities Clearing 1. Purpose
to comply with the rule. Thus, the total Corporation (‘‘NSCC’’) filed with the The Clearing Agencies are proposing
compliance burden is approximately Securities and Exchange Commission to revise the Capital Policy and Capital
16,965 burden-hours per year. (‘‘Commission’’) the proposed rule Replenishment Plan, which were
Rule 15g–5 contains record retention change as described in Items I, II and III adopted by the Clearing Agencies in
requirements. Compliance with the rule below, which Items have been prepared July 2017 5 and are maintained by the
is mandatory. by the clearing agency. NSCC filed the Clearing Agencies in compliance with
proposed rule change pursuant to Rule 17Ad–22(e)(15) under the Act.6
An agency may not conduct or Section 19(b)(3)(A) of the Act 3 and Rule
sponsor, and a person is not required to Overview of the Capital Policy and
19b–4(f)(4) thereunder.4 The Capital Replenishment Plan
respond to, a collection of information Commission is publishing this notice to
under the PRA unless it displays a solicit comments on the proposed rule The Capital Policy sets forth the
currently valid OMB control number. change from interested persons. manner in which each Clearing Agency
identifies, monitors, and manages its
The public may view background I. Clearing Agency’s Statement of the general business risk with respect to the
documentation for this information Terms of Substance of the Proposed requirement to hold sufficient liquid net
collection at the following website: Rule Change assets (‘‘LNA’’) funded by equity to
www.reginfo.gov. Comments should be cover potential general business losses
directed to: (i) Desk Officer for the The proposed rule change consists of
amendments to (i) the Clearing Agency so the Clearing Agency can continue
Securities and Exchange Commission, operations and services as a going
Policy on Capital Requirements
Office of Information and Regulatory concern if such losses materialize.7 The
(‘‘Capital Policy’’ or ‘‘Policy’’) of NSCC
Affairs, Office of Management and amount of LNA funded by equity to be
and its affiliates, The Depository Trust
Budget, Room 10102, New Executive held by each of the Clearing Agencies
Company (‘‘DTC’’) and Fixed Income
Office Building, Washington, DC 20503 Clearing Corporation (‘‘FICC,’’ and for this purpose is defined in the Policy
or by sending an email to: Shagufta_ together with DTC and NSCC, the as the General Business Risk Capital
Ahmed@omb.eop.gov; and (ii) Charles ‘‘Clearing Agencies’’); and (ii) the Requirement. The Policy provides that
Riddle, Acting Director/Chief Clearing Agency Capital Replenishment the General Business Risk Requirement
Information Officer, Securities and Plan (‘‘Capital Replenishment Plan’’ or is calculated for each Clearing Agency
Exchange Commission, c/o Candace ‘‘Plan’’) of the Clearing Agencies. In as the greatest of three separate
Kenner, 100 F Street NE, Washington, particular, the proposed revisions to the calculations—(1) an amount based on
DC 20549, or by sending an email to Capital Policy and Capital that Clearing Agency’s general business
PRA_Mailbox@sec.gov. Comments must Replenishment Plan would (1) correct risk profile (‘‘Risk-Based Capital
be submitted within 30 days of this typographical errors and make other Requirement’’), (2) an amount based on
notice. technical revisions to correct and the time estimated to execute a recovery
simplify statements in the Policy and or orderly wind-down of the critical
Dated: October 15, 2018. operations of that Clearing Agency
Plan; (2) replace references in the Policy
Eduardo A. Aleman, (‘‘Recovery/Wind-down Capital
and Plan to the ‘‘Credit Risk Capital
Assistant Secretary. Requirement’’ with the ‘‘Corporate Requirement’’), and (3) an amount based
[FR Doc. 2018–22781 Filed 10–18–18; 8:45 am] Contribution;’’ and (3) update references on an analysis of that Clearing Agency’s
BILLING CODE 8011–01–P in the Policy to the Recovery & Wind- estimated operating expenses for a six
down Plans of each of the Clearing month period (‘‘Operating Expense
Agencies, which were recently adopted Capital Requirement’’). On an annual
amozie on DSK3GDR082PROD with NOTICES1
by the Clearing Agencies, as described basis, each of these three capital
in greater detail below. 5 See Securities Exchange Act Release No. 81105
(July 7, 2017), 82 FR 32399 (July 13, 2017) (SR–
1 15 U.S.C. 78s(b)(1). DTC–2017–003, SR–FICC–2017–007, SR–NSCC–
2 17 CFR 240.19b–4. 2017–004).
3 15 U.S.C. 78s(b)(3)(A). 6 17 CFR 240.17Ad–22(e)(15).
4 17 CFR 240.19b–4(f)(4). 7 Id.
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![Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices 53131
investors, or otherwise in furtherance of For the Commission, by the Division of Policy and Plan to the ‘‘Credit Risk
the purposes of the Act. Trading and Markets, pursuant to delegated Capital Requirement’’ with the
authority.27 ‘‘Corporate Contribution;’’ and (3)
IV. Solicitation of Comments Eduardo A. Aleman, update references in the Policy to the
Interested persons are invited to Assistant Secretary. Recovery & Wind-down Plans of each of
submit written data, views and [FR Doc. 2018–22780 Filed 10–18–18; 8:45 am] the Clearing Agencies, which were
arguments concerning the foregoing, BILLING CODE 8011–01–P recently adopted by the Clearing
including whether the proposed rule Agencies, as described in greater detail
change is consistent with the Act. below.
Comments may be submitted by any of SECURITIES AND EXCHANGE
COMMISSION II. Clearing Agency’s Statement of the
the following methods: Purpose of, and Statutory Basis for, the
Electronic Comments [Release No. 34–84427; File No. SR–FICC– Proposed Rule Change
2018–009]
• Use the Commission’s internet In its filing with the Commission, the
comment form (http://www.sec.gov/ Self-Regulatory Organizations; Fixed clearing agency included statements
rules/sro.shtml); or Income Clearing Corporation; Notice of concerning the purpose of and basis for
Filing and Immediate Effectiveness of the proposed rule change and discussed
• Send an email to rule-comments@ any comments it received on the
sec.gov. Please include File Number SR– Proposed Rule Change To Amend the
Clearing Agency Policy on Capital proposed rule change. The text of these
NSCC–2018–008 on the subject line. statements may be examined at the
Requirements and the Clearing Agency
Paper Comments Capital Replenishment Plan places specified in Item IV below. The
clearing agency has prepared
• Send paper comments in triplicate October 15, 2018. summaries, set forth in sections A, B,
to Secretary, Securities and Exchange Pursuant to Section 19(b)(1) of the and C below, of the most significant
Commission, 100 F Street NE, Securities Exchange Act of 1934 aspects of such statements.
Washington, DC 20549. (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on October (A) Clearing Agency’s Statement of the
All submissions should refer to File Purpose of, and Statutory Basis for, the
Number SR–NSCC–2018–008. This file 4, 2018, Fixed Income Clearing
Corporation (‘‘FICC’’) filed with the Proposed Rule Change
number should be included on the
subject line if email is used. To help the Securities and Exchange Commission 1. Purpose
Commission process and review your (‘‘Commission’’) the proposed rule The Clearing Agencies are proposing
comments more efficiently, please use change as described in Items I, II and III to revise the Capital Policy and Capital
only one method. The Commission will below, which Items have been prepared Replenishment Plan, which were
post all comments on the Commission’s by the clearing agency. FICC filed the adopted by the Clearing Agencies in
internet website (http://www.sec.gov/ proposed rule change pursuant to July 2017 5 and are maintained by the
rules/sro.shtml). Copies of the Section 19(b)(3)(A) of the Act 3 and Rule Clearing Agencies in compliance with
submission, all subsequent 19b–4(f)(4) thereunder.4 The Rule 17Ad–22(e)(15) under the Act.6
amendments, all written statements Commission is publishing this notice to
with respect to the proposed rule solicit comments on the proposed rule Overview of the Capital Policy and
change that are filed with the change from interested persons. Capital Replenishment Plan
Commission, and all written I. Clearing Agency’s Statement of the The Capital Policy sets forth the
communications relating to the Terms of Substance of the Proposed manner in which each Clearing Agency
proposed rule change between the Rule Change identifies, monitors, and manages its
Commission and any person, other than general business risk with respect to the
those that may be withheld from the The proposed rule change consists of requirement to hold sufficient liquid net
public in accordance with the amendments to (i) the Clearing Agency assets (‘‘LNA’’) funded by equity to
provisions of 5 U.S.C. 552, will be Policy on Capital Requirements cover potential general business losses
available for website viewing and (‘‘Capital Policy’’ or ‘‘Policy’’) of FICC so the Clearing Agency can continue
printing in the Commission’s Public and its affiliates, The Depository Trust operations and services as a going
Reference Room, 100 F Street NE, Company (‘‘DTC’’) and National concern if such losses materialize.7 The
Washington, DC 20549 on official Securities Clearing Corporation amount of LNA funded by equity to be
business days between the hours of (‘‘NSCC,’’ and together with DTC and held by each of the Clearing Agencies
10:00 a.m. and 3:00 p.m. Copies of the FICC, the ‘‘Clearing Agencies’’); and (ii) for this purpose is defined in the Policy
filing also will be available for the Clearing Agency Capital as the General Business Risk Capital
inspection and copying at the principal Replenishment Plan (‘‘Capital Requirement. The Policy provides that
office of NSCC and on DTCC’s website Replenishment Plan’’ or ‘‘Plan’’) of the the General Business Risk Requirement
(http://dtcc.com/legal/sec-rule- Clearing Agencies. In particular, the is calculated for each Clearing Agency
filings.aspx). All comments received proposed revisions to the Capital Policy as the greatest of three separate
will be posted without change. Persons and Capital Replenishment Plan would calculations—(1) an amount based on
submitting comments are cautioned that (1) correct typographical errors and that Clearing Agency’s general business
we do not redact or edit personal make other technical revisions to correct risk profile (‘‘Risk-Based Capital
amozie on DSK3GDR082PROD with NOTICES1
identifying information from comment and simplify statements in the Policy Requirement’’), (2) an amount based on
submissions. You should submit only and Plan; (2) replace references in the
information that you wish to make 27 17
5 See Securities Exchange Act Release No. 81105
CFR 200.30–3(a)(12). (July 7, 2017), 82 FR 32399 (July 13, 2017) (SR–
available publicly. All submissions 1 15 U.S.C. 78s(b)(1).
DTC–2017–003, SR–FICC–2017–007, SR–NSCC–
should refer to File Number SR–NSCC– 2 17 CFR 240.19b–4. 2017–004).
2018–008 and should be submitted on 3 15 U.S.C. 78s(b)(3)(A). 6 17 CFR 240.17Ad–22(e)(15).
or before November 9, 2018. 4 17 CFR 240.19b–4(f)(4). 7 Id.
VerDate Sep<11>2014 17:25 Oct 18, 2018 Jkt 247001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\19OCN1.SGM 19OCN1](https://thefederalregister.org/doc/83_FR_53331/page/4.svg)
Document Created: 2018-10-19 01:25:26
Document Modified: 2018-10-19 01:25:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 53128 |
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