

[Federal Register: November 22, 2005 (Volume 70, Number 224)]
[Notices]               
[Page 70647-70648]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no05-114]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52772; File No. SR-NSCC-2005-13]

 
Self-Regulatory Organizations; National Securities Clearing 
Corporation; Order Approving Proposed Rule Change To Modify and 
Consolidate Clearing Fund Rules

November 14, 2005.

I. Introduction

    On September 20, 2005, the National Securities Clearing Corporation 
(``NSCC'') filed with the Securities and Exchange Commission 
(``Commission'') proposed rule change SR-NSCC-2005-13 pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'').\1\ 
Notice of the proposal was published in the Federal Register on October 
11, 2005.\2\ On October 21, 2005, NSCC amended the proposed rule 
change.\3\ The Commission received one comment letter in response to 
the proposed rule change.\4\ For the reasons discussed below, the 
Commission is approving the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 52552 (October 3, 2005), 
70 FR 59112.
    \3\ The amendment was clarifying in nature and made no 
substantive changes to the proposed rule change as originally filed. 
Therefore, republication of notice is not required.
    \4\ Letter from Dennis A. Young, Vice President and Treasurer, 
Cosse International Securities, Inc. (November 1, 2005). The comment 
letter did not address the proposed rule change.
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II. Description

1. Clearing Fund Formula Enhancements

    NSCC's clearing fund formula consists of a number of components 
designed to calculate NSCC's exposure to participants' unsettled 
portfolios. For CNS and Balance Order transactions, the clearing fund 
formula includes, among other components, a mark-to-market calculation 
and a volatility calculation.\5\
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    \5\ The other components for CNS and Balance Order activity are 
a CNS fail charge, a charge for market maker domination, and special 
charges.
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    The current mark-to-market calculation includes trades that have 
not yet reached settlement date but excludes from the calculation 
trades that have reached T + 3 and CNS fail positions (i.e., net 
positions that did not settle on settlement date). NSCC is enhancing 
the mark-to-market calculation to include trades that have reached 
settlement date and net CNS fail positions. This is intended to enable 
NSCC to more accurately cover its mark-to-market exposure to 
participants' unsettled portfolios in the event of an intraday 
insolvency of a participant. When making this calculation, NSCC may but 
is not required to take into account securities that a participant has 
delivered to CNS in the night cycle.\6\
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    \6\ The October 21, 2005, amendment clarified that while NSCC 
generally intends to take such deliveries into account when making 
this calculation, it will not do so if it would otherwise cause 
operational or administrative problems, and it reserves the right 
not to do so based upon the financial or operational condition of a 
particular participant at the time such calculation is made.
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    The volatility component of the clearing fund formula rule provides 
that NSCC may exclude from volatility calculations net unsettled 
positions in classes of securities whose volatility is either less 
amenable to statistical analysis, such as OTC Pink Sheet issues trading 
below $5.00, or amenable to such analysis only in a complex manner, 
such as municipal or corporate bonds. The amount of clearing fund 
required to satisfy the volatility component for these positions is 
determined as a percentage haircut (currently 2% for municipal and 
corporate bonds).
    NSCC is enhancing its volatility component and is replacing the 2% 
haircut for corporate and municipal bonds with a fixed income 
volatility calculation. NSCC will continue to use a haircut for fixed 
income securities in circumstances it deems appropriate, such as where 
sufficient market or security information is not available.

2. Technical Clarifications

    When NSCC revised its clearing fund formula in 2001 to move to a 
risk-based calculation,\7\ it applied the revised formula to 
participants on a rolling basis. To accommodate this transition, NSCC's 
rules retained two versions of Addendum B (Standards of Financial 
Responsibility and Operational Capability) and two versions of 
Procedure XV (Clearing Fund Formula and Other Matters). Version 1 of 
both Addendum B and Procedure XV was non-risk-based and Version 2 was 
risk-based. Version 2 is currently located in Appendix 1.
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    \7\ Securities Exchange Act Release No. 44431 (June 15, 2001), 
66 FR 33280.
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    With limited exception, all participants are now subject to the 
clearing fund provisions of Version 2 of Procedure XV and Version 2 of 
Addendum B. Accordingly, in order to simplify the rules and enable 
participants to locate provisions applicable to them more readily, NSCC 
is restructuring its Addendums, Procedures, and Rules.
    As Version 1 of Procedure XV now has limited applicability, NSCC is 
redesignating it as Version 2 of Procedure XV and moving it to Appendix 
1. NSCC will retain only those provisions thereof (and of Version 1 of 
Addendum B \8\) that remain applicable. Because Version I of Procedure 
XV always contained a mark-to-market component, it is also being 
revised to include in the mark-to-market calculation trades that have 
reached T +

[[Page 70648]]

3 and CNS fail positions. The provisions of Appendix 1 (Version 2 of 
Procedure XV and Version 2 of Addendum B) will be moved into the body 
of the rules in place of Version 1 of Procedure XV and Version 1 of 
Addendum B where they will appear in numerical order.
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    \8\ Both versions of Addendum B are substantially identical with 
the exception of certain provisions of current Version 1 relating to 
the timing for calculating and collecting clearing fund. The 
substance of those provisions of Version 1 of Addendum B are added 
as a note to Version 1 of Procedure XV that will be moved to 
Appendix 1 and will be renamed Version 2. The rest of Version 1 of 
Addendum B will be deleted. All participants remain subject to the 
provisions of Version 2 of Addendum B, which NSCC is moving to the 
body of its rules from Appendix 1 and redesignating Version 1.
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    As part of these clarifications, Rule 4 (Clearing Fund) is also 
being corrected to make clear that participants may request a return of 
any excess clearing fund on any day that NSCC has determined that the 
participant's actual deposit exceeds its required deposit. Finally, 
certain technical corrections are being made to Rule 4 and to the 
clearing fund formula to provide consistent terminology and delete 
obsolete references.

III. Discussion

    Section 19(b) of the Act directs the Commission to approve a 
proposed rule change of a self-regulatory organization if it finds that 
such proposed rule change is consistent with the requirements of the 
Act and the rules and regulations thereunder applicable to such 
organization. Section 17A(b)(3)(F) of the Act requires that the rules 
of a clearing agency be designed to assure the safeguarding of 
securities and funds which are in its custody or control or for which 
it is responsible.\9\ The Commission believes that NSCC's rule change 
is consistent with this Section because it will permit NSCC to better 
assure the safeguarding of funds and securities which are in its 
custody or control or for which it is responsible by allowing NSCC to 
more precisely identify the risks posed by a participant's unsettled 
portfolio and more quickly adjust and collect additional needed 
clearing fund collateral than it could using the old formula. As a 
result NSCC should be better protected from the risk associated with a 
participant's default because the clearing fund deposits it collects 
should more accurately reflect NSCC's exposure.
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    \9\ 15 U.S.C. 78q-1(b)(3)(F).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the 
proposed rule change is consistent with the requirements of the Act and 
in particular Section 17A of the Act and the rules and regulations 
thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) of the Act, 
that the proposed rule change (File No. SR-NSCC-2005-13) be and hereby 
is approved.

    For the Commission by the Division of Market Regulation, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
 [FR Doc. E5-6410 Filed 11-21-05; 8:45 am]

BILLING CODE 8010-01-P
