[Federal Register Volume 59, Number 68 (Friday, April 8, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-8441] [[Page Unknown]] [Federal Register: April 8, 1994] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-33851; File No. SR-MCC-94-01] Self-Regulatory Organizations; Midwest Clearing Corporation; Order Approving a Proposed Rule Change Relating to the Processing of Basket Trades April 1, 1994. On January 7, 1994, the Midwest Clearing Corporation (``MCC'') filed with the Securities and Exchange Commission (``Commission'') a proposed rule change (File No. SR-MCC-94-01) under Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')\1\ to amend its rules relating to the processing of basket trades. Notice of the proposal was published in the Federal Register on February 15, 1994.\2\ No comment letters were received. This order approves the proposal. --------------------------------------------------------------------------- \1\15 U.S.C. 78(b)(1) (1988). \2\Securities Exchange Act Release No. 33595 (February 8, 1994), 59 FR 7274. --------------------------------------------------------------------------- I. Description The proposal amends MCC's rules relating to the processing of trades in the Chicago Basket (``CXM'') product which is traded on the Chicago Stock Exchange (``CHX'').\3\ The CXM is a basket of stocks that is comprised of twenty-five shares of each of the stocks included in the Chicago Mercantile Exchange's MMI stock index futures contract.\4\ --------------------------------------------------------------------------- \3\For a detailed description of the CXM product, refer to Securities Exchange Act Release No. 33053 (October 15, 1993), 58 FR 4610 [File No. SR-CHX-93-18] (order approving proposed rule change). \4\The Chicago Mercantile Exchange's MMI is a stock index futures contract which is based on the American Stock Exchange's Major Market Index. The Major Market Index is a broad-based, price- weighted index currently based on twenty stocks listed on the New York Stock Exchange. --------------------------------------------------------------------------- Basket trades are defined by MCC as trades in a group of securities that an exchange or market place self-regulatory organization (``SRO'') has designated as eligible for execution in a single trade. MCC's current rules relating to basket trades permit MCC to accept from an exchange or marketplace SRO locked-in basked trade data. On T+1, MCC reports the locked-in basket trades to participants on a basket purchase and sales report. For each participant, MCC aggregates the trade data to arrive at an aggregate basket purchase figure and an aggregate basket sale figure. Aggregate buy side and aggregate sell side basket transactions are then ``burst'' into their component securities, which are eligible for MCC's continuous net settlement (``CNS'') system, for clearance and settlement. The CNS system nets all component securities of the burst basket with each participant's other transactions in the component securities. This results in an individual participant being either a net buyer or a net seller in each of a basket's component securities. These positions are reflected on the appropriate CNS purchase and sales report. The proposed rule provides an alternative clearing process for trades in the CXM. The alternative must be elected on an account-by- account basis (as opposed to a trade-by-trade basis). Under this alternative, rather than aggregating all buy transactions and all sell transactions in one account prior to the separation of the CXM into its component stocks, MCC will separate each basket transaction into its component securities without the aggregation process. MCC will report this information to the electing participant instead of the participant's aggregate net buy and aggregate net sell basket information. According to MCC, the proposed alternative will make it easier for participants to allocate the correct number of shares with the proper execution prices to customers and will make it easier for participants to identify trades for cancellation and correction. II. Discussion Section 17A(b)(3)(F) of the Act requires that the rules of a clearing agency be designed to promote the prompt and accurate clearance and settlement of securities transactions.\5\ The Commission believes that the alternative settlement process is consistent with MCC's obligations under this section because the alternative settlement process will make it easier for participants to allocate the correct number of shares with the proper execution prices to customers and will make it easier for participants to identify trades for cancellation or correction. --------------------------------------------------------------------------- \5\15 U.S.C. 78q-1(b)(3)(F). --------------------------------------------------------------------------- In addition, the Commission believes that the alternative settlement process is consistent with MCC's other obligation under section 17A(b)(3)(F) to assure the safeguarding of securities and funds that are in its custody or control or for which it is responsible.\6\ MCC participants who trade or have customers who trade baskets and choose the alternative settlement process will be subject to the same financial responsibility and reporting requirements as other MCC participants. Furthermore, because the baskets will be burst into their component securities for processing and because MCC currently processes trades in the underlying component securities, MCC's existing risk management systems will apply to the alternative processing of basket trades. --------------------------------------------------------------------------- \6\Id. --------------------------------------------------------------------------- III. Conclusion The Commission finds that the proposed rule change is consistent with the requirements of the Act and in particular with the requirements of section 17A of the Act. It is therefore ordered, Pursuant to section 19(b)(2) of the Act,\7\ that the proposed rule change (File No. SR-MCC-94-01) be, and hereby is approved. \7\15 U.S.C. 78s(b)(2). --------------------------------------------------------------------------- For the Commission by the Division of Market Regulation, pursuant to delegated authority.\8\ --------------------------------------------------------------------------- \8\17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 94-8441 Filed 4-7-94; 8:45 am] BILLING CODE 8010-01-M