[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)] [Notices] [Pages 42929-42930] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-20397] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-36093; File No. SR-DTC-95-13] Self-Regulatory Organizations; the Depository Trust Company; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Fees and Charges August 11, 1995. Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (``Act''), notice is hereby given that on July 26, 1995, The Depository Trust Company (``DTC'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change 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 from interested persons on the proposed rule change. \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 DTC is filing the proposed rule change in order to reduce the monthly usage fees charged to its participants for issuing/paying agent (``IPA'') accounts from $565 to $245. 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.\2\ \2\ The Commission has modified the text of the summaries prepared by DTC. --------------------------------------------------------------------------- (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 reduce the monthly usage fees charged to DTC participants for IPA accounts from $565 to $245 per month. DTC's Money Market Instrument (``MMI'') programs require that IPAs have a DTC account reserved solely for MMI issuance and paying agency activity. DTC's current usage charge is $565 per month for each account up to five accounts. For each account over five, the fee is $245 per month. On August 21, 1995, medium-term notes (``MTNs'') and short-term bank notes (STBNs'') will become part of DTC's MMI programs. This will necessitate the creation of separate IPA accounts by MTN and STBN IPAs that do not already have a separate IPA account for other existing MMIs such as commercial paper and institutional certificates of deposit. These may include IPAs that previously have conducted their MTN and STBN issuance/payment activity through an existing participant account. The charge for these new accounts and all existing IPA accounts now will be $245 per account per month. The proposed rule change is consistent with the requirements of Section 17A of the Act and the rules and regulations thereunder because it provides for the equitable allocation of dues, fees, and other charges among DTC's participants. (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. (C) Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received from Members, Participants or Others No comments on the proposed rule change were solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) \3\ of the Act and pursuant to Rule 19b-4(e)(2) \4\ promulgated thereunder because the proposal establishes or changes a due, fee, or other charge imposed by DTC. At any [[Page 42930]] time within sixty days of the filing of such 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. \3\ 15 U.S.C. 78s(b)(3)(A)(ii) (1988). \4\ 17 CFR 240.19b-4(e)(2) (1994). --------------------------------------------------------------------------- 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, N.W., Washington, D.C. 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, N.W., Washington, D.C. 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-95-13 and should be submitted by September 7, 1995. For the Commission by the Division of Market Regulation, pursuant to delegated authority.\5\ \5\ 17 CFR 200.30-3(a)(12) (1994). --------------------------------------------------------------------------- [FR Doc. 95-20397 Filed 8-16-95; 8:45 am] BILLING CODE 8010-01-M