[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Notices]
[Pages 54425-54426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5009]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52394; File No. SR-NSCC-2005-11]


Self-Regulatory Organizations; National Securities Clearing 
Corporation; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change Relating to the Interpretation of the Definition of 
``Insurance Company'' Under Its Rules and Procedures

September 8, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on August 17, 2005, the 
National Securities Clearing Corporation (``NSCC'') filed with the 
Securities and Exchange Commission (``Commission'') a proposed rule 
change as described in Items I, II, and III below, which items have 
been prepared primarily by NSCC. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
parties.
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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 proposed rule change consists of an interpretation of the 
definition of ``Insurance Company'' under NSCC's rules and procedures 
in the context of insurance company applicants.

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

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

    Under NSCC's rules, ``Insurance Company'' is defined as ``any 
company, partnership, limited liability corporation or other 
organization or entity who is subject to supervision or regulation 
pursuant to the provisions of state insurance law and issues insurance 
contracts.'' NSCC's rules do not define the term ``state'' in this 
context.
    The Fixed Income Clearing Corporation (``FICC'') Rules incorporate 
the definition of ``insurance company'' used in the Investment Company 
Act of 1940, as amended (``1940 Act'').\3\ Both the Act and the 1940 
Act define a ``State'' to mean any state of the United States, the 
District of Columbia, Puerto Rico, the Virgin Islands, or any other 
possession of the United States. As a result, an insurance company 
organized and supervised, for example, in the District of Columbia, 
would constitute an Insurance Company under the 1940 Act and FICC's 
rules.
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    \3\ 15 U.S.C. 80a-1.
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    Accordingly, consistent with the definition used by FICC, NSCC has 
determined it is appropriate with regard to NSCC membership applicants 
that are insurance companies to interpret the term ``state'' under its 
rules within the context of insurance company admission standards, as 
including any state of the United States, the District of Columbia, 
Puerto Rico, the Virgin Islands, or any other possession of the United 
States.
    The proposed change is consistent with Section 17A of the Act \4\ 
and the rules and regulations thereunder applicable to NSCC because it 
will clarify NSCC's rules and procedures with regard to categorizing 
applicants for membership. By eliminating a potential misinterpretation 
of its membership requirements, NSCC believes that it will thereby 
provide enhanced protections to NSCC and its members and will assist 
NSCC in assuring the safeguarding of funds and securities in its 
custody or control or for which it is responsible.
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    \4\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change will have any 
impact or impose any burden on competition.

[[Page 54426]]

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

    Written comments relating to the proposed rule change have not yet 
been solicited or received. NSCC will notify the Commission of any 
written comments received by NSCC.

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

    The foregoing rule change has become effective upon filing pursuant 
to Section 19(b)(3)(A)(i) of the Act \5\ and Rule 19b-4(f)(1) \6\ 
thereunder because it constitutes a stated policy, practice, or 
interpretation with respect to the meaning, administration, or 
enforcement of an existing rule. At any time within sixty days of the 
filing of the proposed 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.
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    \5\ 15 U.S.C. 78s(b)(3)(A)(i).
    \6\ 17 CFR 240.19b-4(f)(1).
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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. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an e-mail to [email protected]. Please include 
File Number SR-NSCC-2005-11 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-NSCC-2005-11. This 
file number should be included on the subject line if e-mail is used. 
To help the Commission process and review your comments more 
efficiently, please use only one method. The Commission will post all 
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). 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 Section, 100 F Street, 
NE., Washington, DC 20549. Copies of such filing also will be available 
for inspection and copying at the principal office of NSCC and on 
NSCC's Web site at http://www.nscc.com. All comments received will be 
posted without change; the Commission does not edit personal 
identifying information from submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-NSCC-2005-11 and should be submitted on 
or before October 5, 2005.

    For the Commission by the Division of Market Regulation, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
[FR Doc. E5-5009 Filed 9-13-05; 8:45 am]
BILLING CODE 8010-01-P