[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-20776] [[Page Unknown]] [Federal Register: August 24, 1994] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-34540; File No. SR-Philadep-94-04] Self-Regulatory Organizations; Philadelphia Depository Trust Company; Notice of Filing of Proposed Rule Change Modifying Philadep Rule 2, Section 1 To Require Execution of a Participant's Agreement by Participants and Pledgees August 17, 1994. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')\1\ notice is hereby given that on August 8, 1994, the Philadelphia Depository Trust Company (``Philadep'') 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 primarily by Philadep. 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) (1988). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change Philadep proposes to modify Philadep Rule 2, Section 1 to require participants and pledgees to sign a Participant's Agreement. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, Philadep 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. Philadep has prepared summaries set forth in section (A), (B), and (C) below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change The proposed rule change will amend Philadep Rule 2, Section 1 with respect to participants' and pledges' obligations to Philadep. The proposed rule change will add language requiring participants to execute a Participant's Agreement and language stating that Philadep's by-laws, rules, and procedures shall supersede any conflicting provision[s] of the Participant's Agreement. The proposed rule change also will delete language requiring participants to execute and deliver a written instrument specifying their adherence to certain obligations set forth in Philadep Rule 2. This second written agreement will be unnecessary because once a Participant's Agreement is signed, the participant has agreed to abide by all of the rules and obligations of Philadep, including those set forth in Philadep Rule 2. Accordingly, all provisions of Rule 2 will be directly enforceable against participants without the necessity of executing a written agreement specifying selected provisions of Philadep's Rule 2. The proposed rule change will codify Philadep's existing but unwritten policy and practice of requiring all participants to execute a Participant's Agreement. The proposed rule change is consistent with Section 17A of the Act and, in particular, with Section 17A(b)(3) (A) and (F) in that Philadep is organized and its rules are designed to promote the prompt and accurate clearance and settlement of securities transactions for which it is responsible and to assure the safeguarding of securities and funds which are in the custody and control of the clearing agency. B. Self-Regulatory Organization's Statement on Burden on Competition Philadep does not believe that the proposed rule change will impose an inappropriate burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within thirty-five days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to ninety days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which Philadep consents, the Commission will: (A) by order approve such proposed rule change or (B) institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing. Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street NW., Washington, DC 20549. 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. Sec. 552, will be available for inspection and copying in the Commission's Public Reference Section, 450 Fifth Street, NW., Washington, DC 20549. Copies of such filing will also be available for inspection and copying at the principal office of Philadep. All submissions should refer to File No. SR-Philadep-94-04 and should be submitted within September 14, 1994. For the Commission by the Division of Market Regulation, pursuant to delegated authority.\2\ --------------------------------------------------------------------------- \2\17 CFR 200.30-3(a)(12) (1993). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 94-20776 Filed 8-23-94; 8:45 am] BILLING CODE 8010-01-M