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- Federal Register
- Vol. 59, No. 152
- Tuesday, August 9, 1994
-
- SECURITIES AND EXCHANGE COMMISSION [Release No. 34─34478; File No.
- SR─DTC─94─11]
-
- Self-Regulatory Organizations; the Depository Trust Company; Notice of Filing
- and Immediate Effectiveness of a Proposed Rule Change Amending the Fee
- Schedule for Commercial Paper and Money Market Instruments
-
- August 2, 1994.
-
- Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
- ("Act"),«1» notice is hereby given that on July 15, 1994, The Depository
- Trust Company ("DTC") filed with the Securities and Exchange Commission
- ("Commission") the proposed rule change (File No. SR─DTC─94─11) 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.
-
- I. Self-Regulatory Organization's Statement of the Terms of Substance of the
- Proposed Rule Change
-
- DTC is filing herewith the following change in its fee schedule:
-
- «1» 15 U.S.C. 78s(b)(1) (1988).
-
- c3,L2,tp0,i1,s100,r50,r50
-
- [col head 1] Service [col head 1] Present fee [col head 1] Proposed fee
-
- VIII.
-
- Commercial Paper/Money Market Instrument Activity:
-
- Deliver orders $1.26 to the deliverer $1.41 to the deliverer.
-
- $1.11 to the receiver $1.26 to the receiver.
-
- Maturity or reorganization presentments $1.06 for each item delivered or
- received $1.21 for each item delivered or received.
-
- 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.
-
- (A) Self-Regulatory Organization's Statement of the Purpose of, and Statutory
- Basis for, the Proposed Rule Change
-
- On April 22, 1994, the Commission temporarily approved a proposed rule change
- expanding and improving DTC's Money Market Instrument ("MMI") programs.«2» As
- an interim solution to the concerns raised by DTC's regulators about the
- application of unwind procedures related to a MMI issuer insolvency, DTC
- proposed to obtain an additional $500 million committed line of credit. This
- line of credit has been acquired and is dedicated to the completion of
- settlement in the event a participant fails to settle after DTC has reversed
- certain transactions in an insolvent issuer's MMIs. This line of credit does
- not increase participants' fixed or adjustable net debit caps.«3» The subject
- proposed fee change, which will be effective for services provided on or after
- August 1, 1994, including services in corporate commercial paper, will recover
- the cost of the $500 million line of credit by adding $.15 per side to MMI
- deliver order and maturity presentment service fees.
-
- «2» Securities Exchange Act Release No. 33958 (April 22, 1994), 58 FR 59283
- [File No. SR─DTC─12] (order temporarily approving proposed rule change until
- April 30, 1995).
-
- «3» The addition of this line of credit to DTC's previous $750 million in
- liquidity resources has brought DTC's total liquidity resources to $1,250
- million. As agreed upon with DTC's regulators, if DTC finds as they expand the
- MMI program that $1,250 million of liquidity is insufficient, DTC will add to
- the $500 million dedicated line of credit accordingly.
-
- The proposed rule change is consistent with Section 17A(b)(3)(D)«4» of the
- Act, as amended, which requires that the rules of a registered clearing agency
- provide for the equitable allocation of reasonable fees for the services which
- it provides to participants.
-
- «4» 15 U.S.C. 78q─1(b)(3)(D) (1988).
-
- (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 that is not necessary or appropriate in furtherance of the
- purposes of the Act. The proposed rule change will more equitably allocate
- fees among participants.
-
- (C) Self-Regulatory Organization's Statement on Comments on the Proposed Rule
- Change Received From Members, Participants or Others
-
- Comments were neither solicited nor received. Earlier this year, DTC advised
- participants that the proposed fee increases would be implemented if acquiring
- the additional line of credit was necessary to obtain regulatory approval for
- the expanded MMI program.
-
- III. Date of Effectiveness of the Proposed Rule Change and Timing for
- Commission Action
-
- The foregoing rule change has become effective on filing pursuant to Section
- 19(b)(3)(A)(ii«5» of the Act and pursuant to Rule 19b─4(e)(2)«6» in that the
- proposed rule change establishes or changes a due, fee, or other charge
- imposed by DTC. At any time within sixty days of the filing of this 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.
-
- «5» 15 U.S.C. 78s(b)(3)(A)(ii).
-
- «6» 17 CFR 240.19b─4(e)(2) (1993).
-
- IV. Solicitation of Comments
-
- Interested persons are invited to submit written data, views, and arguments
- concerning the foregoing. Persons making written submission should file six
- copies thereof with the Secretary, Securities and Exchange Commission, 450
- Fifth Street, NW., Washington DC 20549. Copies of the submissions, 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, 450 Fifth Street, NW., Washington,
- DC 20549. Copies of such filings will also be available for inspection and
- copying at the principal offices of DTC. All submissions should refer to File
- No. SR─DTC─94─11 and should be submitted by August 30, 1994.
-
- For the Commission by the Division of Market Regulation, pursuant to delegated
- authority.«7»
-
- «7» 17 CFR 200.30─3(a)(12) (1993).
-
- Margaret H. McFarland,
-
- Deputy Secretary.
-
- [FR Doc. 94─19374 Filed 8─8─94; 8:45 am]
-
- BILLING CODE 8010─01─M
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