[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)] [Notices] [Pages 2449-2450] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 00-980] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-42323; File No. SR-DTC-99-24] Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing of Proposed Rule Change Relating to Collateralization Procedures January 7, 2000. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 \1\ (``Act''), notice is hereby given that on October 27, 1999, The Depository Trust Company (``DTC'') 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 by DTC. 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). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change would revise DTC's collateralization procedures for situations where a participant holds collateral associated with the participant. 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 [[Page 2450]] comments it received on the proposed rule change. The text of these statements may be examined at the place 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\ --------------------------------------------------------------------------- \2\ The Commission has modified the text of the summaries prepared by DTC. --------------------------------------------------------------------------- A. Self-Regulatory Organization's Statement of Purpose of, and Statutory Basis for, the Proposed Rule Change DTC employs risk management controls to protect DTC and its participants from the inability of one or more participants to pay its settlement obligation. One such control, collateralization, is meant to ensure that at all times a participant maintains collateral in its account equal to or greater than its net debit. If a participant were to fail to pay its settlement obligation, collateral in the failing participant's account would be used to support any necessary borrowing and potential liquidation. On a small number of occasions, the collateral in a participant's account has been associated with the participant (for example, the participant's own commercial paper). In a situation where a participant's obligation is supported partly or fully by its associated securities, the risk that DTC would not have sufficient collateral if that participant were to fail to pay DTC its settlement obligation is increased. Although such incidents are infrequent, DTC has reviewed its collateralization procedures that it follows to protect against a participant's failure to settle with DTC due to a financial or operational problem with respect to such situations.\3\ As a result of its review, DTC is proposing to revise the aforesaid procedures to provide for a systemic monitor that will withhold collateral value for collateral associated with a participant.\4\ --------------------------------------------------------------------------- \3\ DTC's current procedures relating to risk management controls are set forth in memorandums dated March 17, 1995, which are attached to Exhibit 3 to DTC's filing. \4\ DTC's proposed collateralization procedures are attached as Exhibit 2 to DTC's filing. --------------------------------------------------------------------------- DTC believes that the proposed rule change is consistent with the requirements of Section 17A of the Act and the rules and regulations thereunder applicable to DTC because the proposed rule change will facilitate completion of daily money settlement at DTC in the event of a participant's failure to settle with DTC. According to DTC, the proposed rule change will be implemented consistently with the safeguarding of securities and funds in DTC's custody or control or for which it is responsible because the collateralization procedures supplement DTC's existing risk management controls. B. Self-Regulatory Organization's Statement on the Burden on Competition DTC perceives no adverse impact on competition by reason of the proposed rule change. C. Self-Regulatory Organization's Statement Comments on the Proposed Rule Change Received From Members, Participants or Others DTC discussed the proposed rule change with several participants. Written comments from DTC participants or others have not been solicited or received on 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 the self-regulatory organization 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 20549-0609. 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 in Washington, DC. Copies of such filing will also be available for inspection and copying at the principal office of DTC. All submissions should refer to File No. SR- DTC-99-24 and should be submitted by February 4, 2000. For the Commission by the Division of Market Regulation, pursuant to delegated authority. Margaret H. McFarland, Deputy Secretary. [FR Doc. 00-980 Filed 1-13-00; 8:45 am] BILLING CODE 8010-01-M