[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Notices]
[Pages 33876-33877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13273]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69666; File No. SR-DTC-2013-04]


Self-Regulatory Organizations; The Depository Trust Company; 
Notice of Filing of Proposed Rule Change in Connection With the 
Modifications to Receiver Authorized Delivery and Reclaim Processing 
Value Limits by Transaction

May 30, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on May 17, 2013, 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 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).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    The proposed rule change modifies DTC's Rules & Procedures 
(``Rules''), as described below, with respect to Receiver Authorized 
Delivery (``RAD'') and reclaim transactions, to: (i) Lower limits 
against which valued Deliver Orders (``DO'') and Payment Orders 
(``PO'') will be required to be accepted for receipt (i.e., ``matched'' 
for settlement), (ii) lower limits for same day reclaim transactions, 
and (iii) revise the process for RAD matching of stock loans and 
returns, each as more fully described below.\3\
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    \3\ A Deliver Order is a book-entry movement of a particular 
security between two DTC participants. A Payment Order is a method 
for settling funds amounts related to transactions and payments not 
associated with a Deliver Order. The defined term ``DO'' as used in 
this proposed rule change filing includes all valued Deliver Orders 
except for Deliver Orders of: (i) Money Market Instruments and (ii) 
Institutional Deliveries affirmed through Omgeo, both of which are 
not impacted by the proposed Rule change.
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II. Clearing Agency'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 these 
statements.\4\
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    \4\ The Commission has modified the text of the summaries 
prepared by DTC.
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(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

    (i) By this filing, DTC seeks to modify the RAD functionality as 
more fully described below to reduce the intraday uncertainty that may 
arise from reclaim transactions and any potential credit and liquidity 
risk from such reclaims.
    All valued DOs and POs valued in amounts above $15 million and $1 
million, respectively, are subject to the RAD process, which allows 
receivers to review and reject transactions that they do not recognize 
prior to processing for delivery. In contrast, lower value DOs and POs 
do not require the receiver's acceptance prior to processing in 
accordance with DTC's Rules; instead, such transactions may be returned 
by the receiver in a reclaim transaction, if the receiver does not 
recognize the DO or PO. While both the reclaim and RAD functionalities 
allow receiving DTC participants (``Participants'') to exercise control 
over which transactions to accept, reclaims tend to create uncertainty 
because transactions can be returned late in the day, when the original 
deliverer may have limited options to respond. Because such reclaims 
are permitted without regard to risk management controls, the 
Participant that initiated the original delivery versus payment may 
then incur a greater settlement obligation, increasing credit and 
liquidity risk to that Participant and to the Corporation.\5\
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    \5\ DTC's risk management controls, including Collateral Monitor 
and Net Debit Cap (as defined in DTC Rule 1), are designed so that 
DTC can effect system-wide settlement notwithstanding the failure to 
settle of its largest Participant or affiliated family of 
Participants. Net Debit Cap limits the net debit balance a 
Participant can incur so that the unpaid settlement obligation of 
the Participant, if any, cannot exceed DTC liquidity resources. The 
Collateral Monitor tests that a receiver has adequate collateral to 
secure the amount of its net debit balance so that DTC may borrow 
funds to cover that amount for system-wide settlement if the 
Participant defaults.
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    For these reasons, DTC states that pre-settlement matching through 
RAD is a preferable approach, without the uncertainty and credit and 
liquidity implications of reclaims. Under this proposal, DTC will 
change RAD to require Participants to match all settlement-related 
transactions valued greater than $7.5 million for valued DOs and 
$500,000 for POs, prior to processing. Matched transactions will be 
processed through DTC subject to risk management controls.\6\ 
Concurrently, the value of reclaims that may bypass risk management 
controls will be reduced to $7.5 million for valued DOs and $500,000 
for POs.
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    \6\ Each reclaim of a matched transaction that is attempted will 
be processed as an original instruction and be subject to risk 
management controls and receiver approval (the original deliverer) 
via RAD.
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    DTC is also proposing a further revision to RAD for stock loan and 
stock loan return transactions. Currently, Participants may set 
bilateral and global limits for transactions subject to RAD which allow 
transactions with settlement values that are greater than DTC's default 
limits, but less than the Participant's defined bilateral and/or global 
limits, to be passively approved.\7\ Any established limits apply to 
all transactions with the applicable counterparties (on either a 
bilateral or global basis) for all transaction types subject to RAD. 
However, stock loan transactions (and stock loan returns) are often 
different from ordinary buys and sells, because stock loans are often 
agreed upon on a same-day basis (as opposed to T+3 settlement of 
purchases and sales). Taking this difference into account, in addition 
to the revisions described above, the proposed Rule changes will allow 
receiving Participants to establish bilateral and global RAD limits for 
stock loans and stock loan returns that are different from other 
transaction types.\8\
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    \7\ A bilateral limit established by a Participant applies to 
transactions from a specified deliverer. A global limit established 
by a Participant is applied to all valued DOs and POs to the 
Participant not otherwise subject to a bilateral limit. Transactions 
passively approved under such limits may not be reclaimed.
    \8\ The use of a stock lending and return profile will be 
voluntary and, absent a profile, the Participant's transactions will 
be subject to RAD as applicable to ordinary DOs, including the 
established DTC limits as well as Participant established bilateral 
and global limits as described above.
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    The DTC Settlement Services Guide will be revised to reflect the 
changes discussed above.
    The effective date of the proposed rule change will be announced 
via a DTC Important Notice.
    (ii) Section 17A(b)(3)(F) of the Act requires that the rules of the 
clearing agency be designed, inter alia, to

[[Page 33877]]

promote the prompt and accurate clearance and settlement of securities 
transactions. The proposed rule change is designed to promote the 
prompt and accurate clearance and settlement of securities transactions 
by increasing the number of deliveries which will be required to be 
approved by the receiving Participant prior to DTC processing, which 
will enhance settlement certainty.

(B) Clearing Agency's Statement on Burden on Competition

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

(C) Clearing Agency'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 been 
solicited or received. DTC will notify the Commission of any written 
comments received by DTC.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate 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 or disapprove the 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. 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 email to [email protected]. 
Please include File Number SR-DTC-2013-04 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-DTC-2013-04. This file 
number should be included on the subject line if email 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 Web site viewing and 
printing in the Commission's Public Reference Section, 100 F Street 
NE., Washington, DC 20549, on official business days between the hours 
of 10:00 a.m. and 3:00 p.m. Copies of such filings will also be 
available for inspection and copying at the principal office of DTC and 
on DTC's Web site at http://www.dtcc.com/downloads/legal/rule_filings/2013/dtc/SR-DTC-2013-04.pdf.
    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-DTC-2013-04 
and should be submitted on or before June 26, 2013.
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    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-13273 Filed 6-4-13; 8:45 am]
BILLING CODE 8011-01-P