[Federal Register Volume 63, Number 71 (Tuesday, April 14, 1998)]
[Notices]
[Pages 18239-18240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9802]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-39836; File No. SR-DTC-98-01]


Self-Regulatory Organizations; The Depository Trust Company; 
Notice of Filing of a Proposed Rule Change to Conform DTC's Rules to 
Revised Article 8 of the Uniform Commercial Code of the State of New 
York

April 7, 1998.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on January 14, 1998, The 
Depository Trust Company (``DTC'') filed with the Securities and 
Exchange Commission (``Commission'') the proposed rule change (File No. 
SR-DTC-98-01) as described in Items I, II, and III below, which items 
have been prepared primarily by DTC. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
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I. Self-Regulatory Organization's Statement of the Terms of 
Substance of the Proposed Rule Change

    The purpose of the proposed rule change is to amend DTC's rules so 
that they are consistent with the revisions to Article 8 of the Uniform 
Commercial

[[Page 18240]]

Code of the State of New York. The proposed rule change also will amend 
DTC's rules to specifically state that DTC's board of directors may by 
resolution delegate to the chairman of the board the authority to 
establish fees and charges.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A), 
(B), and (C) below, of the most significant aspects of such 
statements.\2\
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    \2\ The Commission has modified the text of the summaries 
prepared by DTC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    Recently, New York State revised its version of Article 8 (with 
related changes in other Articles) of the Uniform Commercial Code. As a 
result, DTC is amending its rules to make them consistent with revised 
Article 8. The proposed rule change will add new terminology to DTC's 
rules,\3\ will revise certain definitions,\4\ and will delete section 
references based on the prior version of Article 8. The amendments will 
not change the substance or meaning of DTC's current rules. The 
proposed rule change also will amend DTC Rule 20 to specifically state 
that DTC's board of directors may by resolution delegate to the 
chairman of the board the power to approve fees and charges.
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    \3\ The proposed rule change will add the following terms to 
DTC's rules: (1) Certificated security; (2) control; (3) deposit; 
(4) entitlement holder; (5) entitlement order; (6) free pledge; (7) 
free release; (8) NYUCC; (9) person; (10) pledge; (11) pledge versus 
payment; (12) release; (13) release versus payment; (14) security 
entitlement; (15) security certificate; (16) uncertificated 
security; and (17) withdrawal.
    \4\ The proposed rule change will make technical revisions to 
the following terms: (1) clearing agency agreement; (2) deliverer; 
(3) delivery; (4) deposited security; (5) incomplete transaction; 
(6) instructor; (7) minimum amount securities; (8) net addition 
securities; (9) participant; (10) payee; (11) payor; (12) pledged 
security; (13) pledgee; (14) pledgor; (15) receiver; (16) securities 
account; (17) security; (18) segregated account; and (19) settlement 
amount.
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    DTC believes the proposed rule change is consistent with the 
requirements of Section 17A of the Act \5\ and the rules and 
regulations thereunder because it promotes the safeguarding of 
securities and funds in DTC's custody or under its control.
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    \5\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change will impose any 
burden on competition not necessary or appropriate in furtherance of 
the purposes of the Act.

(C) Self-Regulatory Organization's Statement on Comments on the 
Proposed Rule Change Received From Members, Participants, or Others

    Written comments from DTC participants or others have not been 
solicited or received on the proposed rule change. All participants 
will be informed of the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing 
for Commission Action

    Within 35 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 90 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 DTC 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, including whether the proposed rule 
change is consistent with the Act. 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. 552, will be available for inspection and copying in the 
Commission's Public Reference Room, 450 Fifth Street, NW., Washington, 
DC 20549. Copies of such filing will also be available for inspection 
and copying at the principal office of DTC. All submissions should 
refer to the file number SR-DTC-98-01 and should be submitted by May 5, 
1998.

    For the Commission by the Division of Market Regulation, 
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 98-9802 Filed 4-13-98; 8:45 am]
BILLING CODE 8010-01-M