[Federal Register Volume 60, Number 141 (Monday, July 24, 1995)] [Notices] [Pages 37911-37912] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-18096] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-35985; File No. SR-GSCC-95-01 Self-Regulatory Organizations; Government Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Modifying GSCC's Fee Structure to Reduce the Clearance Fee, to Implement a New Discount Policy, and to Clarify the Fee Structure Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 \1\ (``Act''), notice is hereby given that on May 31, 1995, the Government Securities Clearing Corporation (``GSCC'') 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 GSCC. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. \1\ 15 U.S.C. Sec. 78s(b)(1) (1988). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change GSCC proposes to modify its fee structure to reduce the member clearance fee, to implement a new discount policy, and to clarify the application of the fee structure. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, GSCC 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. GSCC has prepared summaries, set forth in sections (A), (B), and (C) below, of the most significant aspects of such statements.\2\ \2\ The Commission has modified the text of the summaries prepared by GSCC. --------------------------------------------------------------------------- (A) Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change The purpose of the proposed rule change is to modify GSCC's fee structure to reduce the member clearance fee, to implement a new discount policy, and to clarify the application of the fee structure. The reduction in the clearance fee and GSCC's new discount policy will first be reflected in the bills distributed to GSCC's members in June 1995. GSCC passes through to its netting members, with the exception of category 1 interdealer broker netting members, whose activity is designed to net out completely, its cost of obtaining clearance services from its agent banks. Currently, the fee charged by GSCC to netting members to recoup its own clearance costs is $3.35 per deliver and receive obligation. The level of this fee is periodically reviewed to ensure that it closely equates to GSCC's actual expense. GSCC's Board of Directors determined at its meeting on May 4, 1995, that the clearance fee needed to offset GSCC's own clearance costs is roughly $2.90 per settlement and that it is appropriate to reduce GSCC's unit fee for clearance for $3.25 to $2.90, effective as of May 1, 1995. The level of this unit clearance fee will continue to be periodically monitored for appropriateness. The Board also decided to implement a discount policy for GSCC's basic comparison and netting fees because of the continued increase in GSCC's financial strength \3\ and its projected continued profitability. The discount policy will be subject to monthly review, and it is intended to result in a ten percent reduction in the cost of the services to members.\4\ \3\ GSCC's financial condition is reflected in, among other things, its elimination of its accumulated deficit in April of 1995. \4\ Under the discount policy, GSCC will determine whether a discount will be provided on a monthly basis. Thus, the discount will not alter the fees established under GSCC's fee structure. The policy will operate in a manner similar to a rebate except that members are advised of and take the discount prior to remitting their fees to GSCC. The discount will be applied across the board to comparison and netting fees charged rather than to specific fees set forth under the fee structure. Telephone conversation between Jeffrey Ingber, General Counsel, GSCC, and Cheryl R. Oler, Staff Attorney, Division of Market Regulation (``Division''), Commission (June 13, 1995). --------------------------------------------------------------------------- In addition, GSCC proposes to amend the language of Section I(D) of its fee structure pertaining to locked-in trade data to clarify that the trade comparison fee for locked-in trade data is imposed on a member for trades entered into by a nonmember for whom the GSCC member is clearing. The amendment does not modify GSCC's application or size of this fee; it simply clarifies the provision.\5\ \5\ Telephone conversation between Jeffrey Ingber, General Counsel, GSCC, and Cheryl R. Oler, Staff Attorney, Division, Commission (June 13, 1995). --------------------------------------------------------------------------- Finally, the proposed rule change adds a new section to GSCC's fee structure to clarify an issue concerning the designation and dollar size [[Page 37912]] limitation of a ``side'' of a transaction for purposes of the fee structure.\6\ As defined in new section V of the fee structure, a ``side'' of a trade or transaction is limited to $50 million increments in size.\7\ Thus, if the aggregate amount of a side of a trade submitted to GSCC by or on behalf of a member is greater than $50 million, each $50 million portion of that aggregate amount, including any residual portion that is less than $50 million, shall be considered as a separate ``side'' for purposes of the fee structure. \6\ The issue concerning the determination of a ``side'' of a transaction for purposes of GSCC's fee structure has arisen in connection with GSCC's implementation of its auction take down service. For a description of GSCC auction take down procedures, refer to Securities Exchange Act Release Nos. 33984 (May 2, 1994), 59 FR 24491 [File No. SR-GSCC-94-01] (approving proposed rule change relating to the comparison and netting of member's treasury auction purchases) and 34260 (June 27, 1994), 59 FR 33994 [File No. SR-GSCC- 94-05] (notice of filing and immediate effectiveness of proposed rule change relating to GSCC's fee structure in connection with GSCC's auction takedown services). \7\ Frequently, the aggregate amount of GSCC members' Treasury auction awards that are submitted to GSCC by a Federal Reserve Bank exceeds $50 million. --------------------------------------------------------------------------- GSCC believes the proposed rule change is consistent with the requirements of Section 17A of the Act and the rules and regulations thereunder because the proposal provides for the equitable allocation of reasonable dues, fees, and other charges among GSCC's participants. (b) Self-Regulatory Organization's Statement on Burden on Competition GSCC does not believe that the proposed rule change will have an impact on or impose a burden on competition. (C) Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received from Members, Participants or Others Comments on the proposed rule change have not yet been solicited. Members will be notified of the rule filing, and comments will be solicited by an Important Notice. GSCC will notify the Commission of any written comments received by GSCC. 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)(ii) \8\ of the Act and pursuant to Rule 19b-4(e)(2)\9\ promulgated thereunder because the proposal establishes or changes are due, fee or other charge imposed by GSCC. At any time within sixty days of the filing of such rule change, the Commission may summarily abrogate 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. \8\ 15 U.S.C. Sec. 78s(b)(3)(A)(ii) (1988). \9\ 17 CFR 240.19b-4(e)(2) (1994). --------------------------------------------------------------------------- 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, N.W., Washington, D.C. 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, N.W., Washington, D.C. 20549. Copies of such filing will also be available for inspection and copying at the principal office of GSCC. All submissions should refer to File No. SR-GSCC-95-01 and should be submitted by July 31, 1995. For the Commission by the Division of Market Regulation, pursuant to delegated authority.\10\ \10\ 17 CFR 300.30-3(a)(12) (1994). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 95-18096 Filed 7-21-95; 8:45 am] BILLING CODE 8010-10-M