[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62416-62417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19469]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98284; File No. SR-LCH SA-2023-006]


Self-Regulatory Organizations; LCH SA; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Relating to Triparty 
Collateral Mechanism Fee Changes

September 5, 2023.
    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 August 23, 2023, Banque Centrale de Compensation, which conducts 
business under the name LCH SA (``LCH SA''), filed with the Securities 
and Exchange Commission (``Commission'') the proposed rule change 
(``Proposed Rule Change'') described in Items I, II and III below, 
which Items have been primarily prepared by LCH SA. LCH SA filed the 
proposal pursuant to section 19(b)(3)(A) of the Act,\3\ and Rule 19b-
4(f)(2) \4\ thereunder, so that the proposal was effective upon filing 
with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Clearing Agency's Statement of the Terms of Substance of the 
Proposed Rule Change

    LCH SA is proposing to amend the current fee grid (``Fee Grid'') 
for LCH SA CDSClear (the ``Proposed Rule Change'') as part of the 
extension of the Triparty Collateral mechanism to CDSClear service 
filed with the Commission.\5\ The text of the Proposed Rule Change has 
been annexed hereto as Exhibit 5 [sic]. No amendments to the LCH SA CDS 
Clearing Rule Book (``Rule Book'') or the CDS Clearing Procedures 
(``Procedures'') are required to effect these changes.\6\
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    \5\ Self-Regulatory Organizations; LCH SA; Order Approving 
Proposed Rule Change Relating to Triparty Collateral Mechanism; 
Securities Exchange Act Release No. 34-98009 (July 27, 2023); 88 FR 
50923 (August 2, 2023) (File No. SR-LCH SA-2023-004).
    \6\ All capitalized terms not defined herein shall have the same 
definition as in the Rule Book or Procedures, as applicable.
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    The text of the Proposed Rule Change has been annexed as Exhibit 5 
[sic].
    The implementation of the Proposed Rule Change will be contingent 
on LCH SA's receipt of all necessary regulatory approvals, including 
the approval by the Commission of the Proposed Rule Change described 
herein.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

    In its filing with the Commission, LCH SA 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. LCH SA has prepared summaries, set forth in sections A, 
B, and C below, of the most significant aspects of such statements.

A. Clearing Agency's Statement of the Purpose of, and Statutory Basis 
for, the Proposed Rule Change

1. Purpose
    The purpose of the Proposed Rule Change is for LCH SA to extend to 
CDSClear the Fee Grid currently applicable to the Triparty Collateral 
mechanism for the Non-U.S. Business.
    As part of the process to further enhance its triparty collateral 
solution with Euroclear Bank and Euroclear France \7\ and to align the 
triparty collateral service offering across LCH SA clearing services, 
to include CDSClear, LCH SA is proposing to adopt the Fee Grid upon 
filing with the SEC, following the Commission's order approving the 
proposed rule change relating to the Triparty Collateral mechanism.\8\
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    \7\ https://my.euroclear.com/dam/EB/Tariff%20information/MA0007_General_Fees.pdf (See Collateral management fees, p. 11).
    \8\ See Self-Regulatory Organizations; LCH SA; Order Approving 
Proposed Rule Change Relating to Triparty Collateral Mechanism; 
Securities Exchange Act Release No. 34-98009 (July 27, 2023); 88 FR 
50923 (August 2, 2023) (File No. SR-LCH SA-2023-004).
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    LCH SA is proposing to adopt for CDSClear the following triparty 
fees currently applicable to the LCH SA Non-U.S. Business:

--For Government Securities from Austria, Belgium, Finland, France, 
Germany, Italy, Netherlands, Portugal and Spain, the applicable fee is 
9.5bps;
--For Supranational entities and Agencies, the applicable fee is 
11.5bps

    LCH SA will reflect this change by amending the footnote applicable 
to triparty collateral fees in the Fee Grid to state the triparty 
collateral fees are also applicable to CDSClear. Specifically, the 
amended footnote will state: ``** Effective 1 April 2023 for 
EquityClear, CommodityClear, RepoClear and [euro]GCPlus (House & 
Clients activities). Effective 23 August 2023 for CDSClear.'' The 
applicable Fee Grid has been annexed as Exhibit 5 [sic].
    No amendments to the Rule Book or Procedures are required for these 
changes to become effective.
2. Statutory Basis
    LCH SA believes that the Proposed Rule Change is consistent with 
the requirements of section 17A of the Act \9\ and the regulations 
thereunder. section 17A(b)(3)(D) of the Act \10\ requires that the 
rules of a clearing agency provide for the equitable allocation of 
reasonable dues, fees, and other charges among Clearing Members and 
market participants by ensuring that Clearing Members and clients pay 
reasonable fees and dues for the services provided by LCH SA, within 
the meaning of section 17A(b)(3)(D) of the Act.
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    \9\ 15 U.S.C. 78q-1.
    \10\ 15 U.S.C. 78q-1(b)(D)(3).
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    The wider offering of eligible collateral through the triparty 
collateral solution with the relevant proposed applicable fees will 
provide greater collateral optimization opportunities for LCH SA 
Clearing Members. In addition, the spread between the triparty 
collateral solution and the bilateral Full Transfer of Title deposit 
option will be 1.5bps and is consistent with the Euroclear Triparty 
service paid by Clearing Members.\11\ LCH SA does not anticipate the 
Proposed Rule Change to result in any material increase in Clearing 
Members fees and expenses or result in any material changes to CDSClear 
revenue.
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    \11\ https://my.euroclear.com/dam/EB/Tariff%20information/MA0007_General_Fees.pdf (See Collateral management fees, p. 11).
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    For these reasons, LCH SA believes that the Proposed Rule Change is

[[Page 62417]]

consistent with the requirements of section 17A of the Act \12\ and the 
regulations thereunder. Specifically, LCH SA believes the adoption of 
the Fee Grid is reasonable and has been set up at an appropriate level 
given the costs, expenses and revenues generated to LCH SA.
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    \12\ 15 U.S.C. 78q-1.
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B. Clearing Agency's Statement on Burden on Competition

    Section 17A(b)(3)(I) of the Act \13\ requires that the rules of a 
clearing agency not impose any burden on competition not necessary or 
appropriate in furtherance of the purposes of the Act.\14\
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    \13\ 15 U.S.C. 78q-1(b)(3)(I).
    \14\ Id.
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    LCH SA does not believe that the proposed rule change would impose 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act.
    LCH SA is proposing to extend to CDSClear members the Fee Grid 
already applicable to the clearing members of LCH SA Non-U.S. Business. 
This proposed change will also apply equally to all CDSClear Clearing 
Members and is not expected to have any potential disparate impact on 
any Clearing Members.
    LCH SA also believes the adoption of the Fee Grid by CDSClear will 
not adversely affect the ability of such Clearing Members or other 
market participants generally to engage in cleared transactions or to 
access LCH SA's clearing services. LCH SA is further enhancing its 
triparty collateral solution with Euroclear Bank and Euroclear France 
and aligning the triparty collateral service offering across LCH SA 
clearing services following the extension of the triparty collateral 
solution. The triparty collateral solution provides Clearing Members 
additional options and greater operational efficiency for posting 
collateral to cover margin requirements and thus, to access LCH SA's 
clearing services.
    Finally, LCH SA believes that the adoption of the Fee Grid is 
appropriate given the costs and expenses to LCH SA.

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

    Pursuant to section 19(b)(3)(A)(ii) of the Act, and Rule 19b-
4(f)(2) thereunder, the proposed rule change is filed for immediate 
effectiveness because the proposed rule establishes or changes a fee or 
other charge imposed by LCH SA on its Clearing Members, within the 
meaning of Rule 19b-4(f)(2). At any time within 60 days of the filing 
of the proposed rule change, the Commission summarily may temporarily 
suspend 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.
    The proposal shall not take effect until all regulatory actions 
required with respect to the proposal are completed.

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-LCH SA-2023-006 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-LCH SA-2023-006. 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 website (https://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 website viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE, 
Washington, DC 20549 on official business days between the hours of 10 
a.m. and 3 p.m. Copies of the filing also will be available for 
inspection and copying at the principal office of LCH SA and on LCH 
SA's website at: https://www.lch.com/resources/rulebooks/proposed-rule-changes.
    Do not include personal identifiable information in submissions; 
you should submit only information that you wish to make available 
publicly. We may redact in part or withhold entirely from publication 
submitted material that is obscene or subject to copyright protection. 
All submissions should refer to File Number SR-LCH SA-2023-006 and 
should be submitted on or before October 2, 2023.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-19469 Filed 9-8-23; 8:45 am]
BILLING CODE 8011-01-P