[Federal Register Volume 61, Number 208 (Friday, October 25, 1996)] [Notices] [Pages 55341-55342] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-27435] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release 34-37844; File No. 600-23] Self-Regulatory Organizations; Government Securities Clearing Corporation; Notice of Filing of an Application for Clearing Agency Registration October 21, 1996. Notice is hereby given that on October 7, 1996, the Government Securities Clearing Corporation (``GSCC'') filed with the Securities and Exchange Commission (``Commission'') an application, pursuant to Sections 17A and 19(a) of the Securities Exchange Act of 1934 (``Act''),\1\ requesting that the Commission grant GSCC full registration as a clearing agency or in the alternative extend GSCC's temporary registration as a clearing agency until such time as the Commission is able to grant GSCC permanent registration.\2\ The Commission is publishing this notice to solicit comments from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78q-1, 78s(a) (1988). \2\ Letter from Sal Ricca, President and Chief Operating Officer, GSCC, to Richard Lindsey, Director, Division of Market Regulation, Commission (October 2, 1996) (``Registration Letter''). --------------------------------------------------------------------------- On May 24, 1988, the Commission approved pursuant to Sections 17A and 19(a) of the Act and Rule 17Ab2-1(c) promulgated thereunder \3\ the application of GSCC for registration as a clearing agency for a period of three years.\4\ The Commission subsequently has extended GSCC's registration until November 30, 1996.\5\ --------------------------------------------------------------------------- \3\ 17 CFR 240.17Ab2-1 (1996). \4\ Securities Exchange Act Release No. 25740 (May 24, 1988), 53 FR 19639. \5\ Securities Exchange Act Release Nos. 29067 (April 11, 1991), 56 FR 15652; 32385 (June 3, 1993), 58 FR 32405; 35787 (May 31, 1995), 60 FR 30324; and 36508 (November 27, 1995), 60 FR 61719. --------------------------------------------------------------------------- GSCC provides clearance and settlement services for its members, transactions in government securities. GSCC offers its members services for next-day settling trades, forward settling trades, auction takedown activity, repurchase transactions (``repos''), the multilateral netting of trades, the novation of netted trades, and daily marking-to-the- market. In connection with GSCC's clearance and settlement services, GSCC provides a centralized loss procedure and maintains margin to offset netting and settlement risks. GSCC believes that its efforts to enhance its system's safety and capacity argue in favor of permanent approval. For example, GSCC recently amended its rules (1) to enable GSCC to enter into one or more limited cross guarantee agreements \6\ and (2) to allow GSCC's interdealer broker netting members to become eligible for GSCC's repo netting service.\7\ In addition, GSCC represents that it and the Board of Trade Clearing Corporation have made progress toward establishing a cross-margining arrangement for the benefit of market participants that are active in both the cash and futures government markets. GSCC also represents that it is working with The Options Clearing Corporation to establish a link with the Intermarket Clearing Corporation for the settlement of certain new treasury futures products that will be offered by a futures exchange owned by the American Stock Exchange. --------------------------------------------------------------------------- \6\ Securities Exchange Act Release No. 37413 (July 9, 1996), 61 FR 36945. \7\ Securities Exchange Act Release No. 37482 (July 25, 1996), 61 FR 40275. --------------------------------------------------------------------------- At the time of GSCC's initial registration, the Commission granted GSCC exemptions from the fair representation requirements in Section 17A(b)(3)(C) of the Act.\8\ In its Registration Letter, GSCC has requested that the Commission withdraw GSCC's exemption from the fair representation requirements in Section 17A(b)(3)(C). GSCC believes that its current selection process for its board of directors is equitable and assures members fair representation because any GSCC member may nominate candidates for election to GSCC's board and may vote for candidates so nominated. The Commission is reviewing GSCC's request to withdraw the exemption. --------------------------------------------------------------------------- \8\ In its order granting GSCC its initial temporary approval, the Commission stated that while the composition of GSCC's Board of Directors reasonably reflected GSCC's anticipated initial membership, the Commission believed that it would be appropriate to defer to a later date its determination of whether GSCC's process for selecting its Board of Directors assures participants fair representation. This decision was based on the fact that GSCC planned on expanding its services during the temporary registration period and on the uncertainty with regards to GSCC's future participant base. --------------------------------------------------------------------------- Interested persons are invited to submit written data, views, and arguments concerning the foregoing application by November 15, 1996. Such written data, views, and arguments will be considered by the Commission in granting registration or instituting proceedings to determine whether registration should be denied in accordance with Section 19(a)(1) of the [[Page 55342]] Act.\9\ 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. Reference should be made to File No. 600-23. Copies of the amended application for registration and all written comments will be available for inspection at the Commission's Public Reference Room, 450 Fifth Street, N.W., Washington, --------------------------------------------------------------------------- D.C. 20549. \9\ 15 U.S.C. 78s(a)(1) (1988). --------------------------------------------------------------------------- For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\10\ --------------------------------------------------------------------------- \10\ 17 CFR 200.30-3(a)(16) (1996). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 96-27435 Filed 10-24-96; 8:45 am] BILLING CODE 8010-01-M