[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-32155] [[Page Unknown]] [Federal Register: December 30, 1994] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-35132; File Nos. 600-19 and 600-22] Self-Regulatory Organizations; MBS Clearing Corporation; Order Granting Approval of Application for Extension of Temporary Registration as a Clearing Agency On November 7, 1994, the MBS Clearing Corporation (``MBS'') filed with the Securities and Exchange Commission (``Commission''), pursuant to Section 19(a) of the Securities Exchange Act of 1934 (``Act''),\1\ a request for extension of its registration as a clearing agency under Section 17A of the Act for a period of eighteen months.\2\ Notice of MBS's request for extension of temporary registration appeared in the Federal Register on November 16, 1994.\3\ This order approves MBS's request for extension of temporary registration as a clearing agency through June 30, 1996. --------------------------------------------------------------------------- \1\15 U.S.C. 78s(a) (1988). \2\Letter from David T. Rusoff, Foley & Lardner, to Ari Burstein, Attorney, Division of Market Regulation, Commission, (November 7, 1994). MBS filed with the Commission an amendment to its Form CA-1 dated August 15, 1994, which was considered in connection with this extension of MBS's temporary registration. \3\Securities Exchange Act Release No. 34948 (November 8, 1994), 59 FR 59263. --------------------------------------------------------------------------- On February 2, 1987, the Commission granted the application of MBS for registration as a clearing agency pursuant to Sections 17A(b) and 19(a)(1) of the Act\4\ and Rule 17Ab2-1(c)\5\ thereunder on a temporary basis for a period of eighteen months.\6\ Subsequently, the Commission issued orders that extended MBS's temporary registration as a clearing agency with the last order extending MBS's registration through December 31, 1994.\7\ --------------------------------------------------------------------------- \4\15 U.S.C. 78q-1(b) and 78s(a)(1) (1988). \5\17 CFR 240.17Ab2-1(c) (1994). \6\Securities Exchange Act Release No. 24046 (February 2, 1987), 52 FR 4218 (order granting MBS registration as a clearing agency for a period not to exceed eighteen months). \7\Securities Exchange Act Release Nos. 25957 (August 2, 1988), 53 FR 29537; 27079 (July 31, 1989), 54 FR 32412; 28492 (September 28, 1990), 55 FR 41148; 29751 (September 27, 1991), 56 FR 50602; 31750 (January 21, 1993), 58 FR 6424; and 33348 (December 15, 1993), 58 FR 68183. --------------------------------------------------------------------------- Since the last order extending MBS's temporary registration, the Chicago Stock Exchange, MBS's parent corporation, sold their entire interest in MBS to MBS participants and the National Securities Clearing Corporation (``NSCC''). The Commission issued a no-action letter to MBS in connection with the sale stating that the new MBS that resulted after the sale can rely upon MBS's current clearing agency registration.\8\ The amended Form CA-1 considered in connection with this extension of temporary registration corrected any information that became inaccurate or incomplete as a result of MBS's sale. --------------------------------------------------------------------------- \8\Letter from Jerry W. Carpenter, Assistant Director, Division of Market Regulation, Commission, to J. Craig Long, Foley & Lardner (August 5, 1994). --------------------------------------------------------------------------- As discussed in detail in the original order granting MBS's registration, one of the primary reasons for MBS's registration was to enable it to provide for the safe and efficient clearance and settlement of transactions in mortgage-backed securities. Since the original temporary registration order, MBS has implemented several improvements to its operating and financial standards and continues to work towards enhancing the safety and efficiency of its operations. In addition, MBS has made significant progress towards implementation of a fully operational off-site backup system. Specifically, MBS recently entered into a facilities management agreement with the Securities Industry Automation Corporation (``SIAC'') to provide, among other things, data processing support for MBS. The conversion to SIAC is intended to facilitate the establishment of a fully operational off- site backup system. MBS has functioned effectively as a registered clearing agency for over seven years. Accordingly, in light of the past performance of MBS and the need for MBS to provide continuity of service to its participants, the Commission believes that, pursuant to Section 17A(b)(2) of the Act, it is necessary and appropriate in the public interest and for the prompt and accurate clearance and settlement of securities transactions to approve MBS's request to extend its registration through June 30, 1996. Any comments received concerning MBS's amended application will be considered in conjunction with the Commission's consideration of whether to grant MBS permanent registration as a clearing agency under Section 17A(b) of the Act.\9\ --------------------------------------------------------------------------- \9\15 U.S.C. 78q-1(b) (1988). --------------------------------------------------------------------------- It is therefore ordered, That MBS's registration as a clearing agency be and hereby is approved on a temporary basis through June 30, 1996. For the Commission, by the Division of Market Regulation pursuant to delegated authority.\10\ --------------------------------------------------------------------------- \10\17 CFR 200.30-3(a)(50) (1994). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 94-32155 Filed 12-29-94; 8:45 am] BILLING CODE 8010-01-M