[Federal Register Volume 59, Number 114 (Wednesday, June 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14528]


[[Page Unknown]]

[Federal Register: June 15, 1994]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-34189; File No. SR-DTC-94-06]

 

Self-Regulatory Organizations; The Depository Trust Company; 
Filing and Immediate Effectiveness of a Proposed Rule Change Relating 
to Enhancements to the Reorganization and Deposit Services

June 9, 1994.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on April 25, 1994, The 
Depository Trust Company (``DTC'') filed with the Securities and 
Exchange Commission (``Commission'') the proposed rule change (File No. 
SR-DTC-94-06) 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) (1988).
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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 enhancements to the 
reorganization and deposit services of DTC.

II. Self-Regulatory Organization's Statement of the Propose 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

    The purpose of the proposed rule change is to permit DTC to enhance 
its reorganization and deposit services. DTC-eligible securities may 
become the subject of reorganization activities including maturities, 
full and partial calls, and mandatory actions such as mergers and 
reverse splits. When a security becomes the subject of a 
reorganization, DTC presents the certificates for that security on 
deposit at DTC to the issuer's agent and collects the proceeds of the 
reorganization activity (either cash or new securities) for credit 
participants' accounts.
    Under its current procedures, DTC ceases to accept deposits of a 
security when it becomes the subject of a reorganization activity. For 
example, deposit services terminate upon DTC's receipt of a notice of a 
full call or thirty business days prior to the maturity date of a debt 
issue. After DTC's deposit services terminate for a security which is 
the subject of a reorganization activity, participants sometimes 
receive certificates for the security from their customers. The 
participants must then bear the operational burden of presenting the 
certificates to the issuer's agent and collecting the proceeds.
    DTC is enhancing its reorganization and depository services in 
order to offer its participants the Reorg Deposits Service. The Reorg 
Deposits Service will enable participants to deposit at DTC 
certificates for securities for up to two years after the 
reorganization activity and to have DTC collect the proceeds on their 
behalf. Cash proceeds will be credited to participants upon DTC's 
receipt of the funds. Proceeds which are a DTC-eligible security 
usually will be credited to participants at the time of deposit.
    The Reorg Deposits Service will be implemented first for full calls 
and maturing securities and later for partial calls and mandatory 
actions. A separate fee for the Reorg Deposits Service may be 
established in the future.
    The proposed rule change is consistent with the requirements of 
Section 17A of the Act and the rules and regulations thereunder 
applicable to DTC because the proposed rule change will contribute to 
efficiencies in the handling of securities which are the subject of 
reorganization activities. The proposed rule change is consistent with 
DTC's obligation to safeguard securities and funds in its custody or 
control or for which it is responsible because the proposed rule change 
will be implemented consistently with DTC's other safeguarding 
procedures.

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.

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

    DTC has discussed and tested the proposed rule change with a small 
number of participants. Written comments from DTC participants or 
others have not been solicited or received on the proposed rule change.

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)(iii)\2\ of the Act and pursuant to Rule 19b-
4(e)(4)\3\ promulgated thereunder because the proposed rule change 
effects a change in an existing service at DTC that does not adversely 
affect DTC's obligation to safeguard securities and funds and does not 
significantly affect the rights or obligations of DTC or persons using 
the service. At any time within sixty days of the filing of such 
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 purpose of the Act.
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    \2\15 U.S.C. 78s(b)(3)(A)(iii) (1988).
    \3\17 CFR 240.19b-4(e)(4) (1993).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing. Persons making written submissions 
should file six copies thereof with the Secretary, Securities and 
Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549. 
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, 450 Fifth Street, NW., 
Washington, DC 20549. Copies of such filing will also be available for 
inspection and copying at the principal office of DTC. All submissions 
should refer to File No. SR-DTC-94-06 and should be submitted by July 
6, 1994.

    For the Commission by the Division of Market Regulation, 
pursuant to delegated authority.\4\
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    \4\17 CFR 200.30-3(a)(12) (1993).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-14528 Filed 6-14-94; 8:45 am]
BILLING CODE 8010-01-M