[Federal Register Volume 59, Number 121 (Friday, June 24, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-15428] [[Page Unknown]] [Federal Register: June 24, 1994] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-34221; File No. SR-NSCC-94-07] Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing of Proposed Rule Change Modifying NSCC's Trade Comparison Service June 16, 1994. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934,\1\ notice is hereby given that on June 3, 1994, the National Securities Clearing Corporation (``NSCC'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change (File No. SR-NSCC-94-07) as described in Items I, II, and III below, which Items have been prepared primarily by NSCC. The Commission is publishing this notice to solicit comments on the proposed rule changes from interested persons. --------------------------------------------------------------------------- \1\15 U.S.C. 78s(b)(1) (1988). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change will modify NSCC's Rules and Procedures relating to trade comparison. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NSCC 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. NSCC 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 support the New York Stock Exchange, Inc. (``NYSE'') and the American Stock Exchange, Inc. (``Amex'') in their efforts to implement trade-date comparison systems.\2\ To achieve trade-date comparison, the NYSE and Amex will require their member organizations to submit trade-comparison data to their respective exchanges rather than to NSCC for comparison processing. --------------------------------------------------------------------------- \2\For information on NYSE's trade-date comparison proposal, refer to Securities Exchange Act Release No. 34153 (June 3, 1994), 59 FR 30071 [File No. SR-NYSE-94-08] (order approving proposed rule change). --------------------------------------------------------------------------- Currently, NSCC receives locked-in trade data from the NYSE and Amex and initial two-sided, compared trade data from its member organizations. The uncompared trades data from its members are matched by NSCC and are reported back to the members on contract lists. The locked-in trade data, which is compared at the point of execution by the exchanges, bypass NSCC's comparison process but for record purposes is reported back to the member organizations on contract lists. Under the proposed system, the NYSE and Amex will process the initial two-sided, uncompared trade data in their trade-date comparison systems. Some of these trades may not compare, and the NYSE and Amex will report such unmatched trades (known as ``questioned trades'' or ``QTs'' at the NYSE and ``don't knows'' or ``DKs'' at the Amex) to NSCC along with the matched, two-sided trades and the locked-in trades. The compared trades (including the locked-trades and the matched, two-sided trades) will bypass NSCC comparison processing, but the unmatched trades will be included in NSCC's comparison process and in NSCC's trade correction process if necessary. NSCC states that the proposed rule change will permit the NYSE and Amex, on behalf of NSCC members, to submit uncompared trade data relating to trades for regular way, when-issued, cash, next day, and sellers-option settlement in equity securities executed on such exchanges directly to NSCC for inclusion in NSCC's comparison process. Even though NSCC's revised Rules and Procedures will require NSCC's members to submit their trade data to the exchanges, the revisions still will permit members to submit such data directly to NSCC in order to have the data included in that day's processing. This authority is necessary because a member may miss the exchanges' submission timeframes. NSCC notes that the NYSE and Amex have concurred in this procedure. As member organizations become accustomed to the trade-date comparison systems, NSCC expects that the NYSE and Amex will no longer permit members to submit data directly to NSCC. At that time, NSCC, upon the request of the NYSE and Amex, will file a rule change eliminating the ability of members to submit such data directly to NSCC other than on an exception basis. Because the proposed rule change will support efforts by the NYSE and Amex to implement trade-date comparison systems, NSCC believes that the proposed rule change is consistent with the requirements of Section 17A of the Act and the rules thereunder in that it will facilitate the prompt and accurate clearance and settlement of securities transactions. B. Self-Regulatory Organization's Statement on Burden on Competition NSCC believes that the proposed rule changes will not have any impact or impose a burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others NSCC has neither solicited nor received any written comments. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within thirty-five days of the date of publication of this notice in the Federal Register or within such longer period: (i) As the Commission may designate up to ninety days of such date if it finds such longer period to be appropriate and publishes its reason for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) By order approve such proposed rule change or (B) Institute proceedings to determine whether the proposed rule change should be approved. 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 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 NSCC. All submissions should refer to File No. SR-NSCC-94-07 and should be submitted by July 15, 1994. For the Commission by the Division of Market Regulation, pursuant to delegated authority.\3\ --------------------------------------------------------------------------- \3\17 CFR 200.30-3(a)(12) (1993). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 94-15428 Filed 6-23-94; 8:45 am] BILLING CODE 8010-01-M