[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)] [Notices] [Pages 40692-40693] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-19762] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-37490; File No. SR-DTC-96-12] Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Regarding the Quarterly Assessment of Participants for Lines of Credit Costs July 29, 1996. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ notice is hereby given that on July 12, 1996, The Depository Trust Company (``DTC'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change (File No. SR-DTC-96-12) 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. --------------------------------------------------------------------------- \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 purpose of the proposal is to change from a monthly basis to a quarterly basis DTC's assessment of participants to recover its costs of obtaining a committed line of credit to fund shortfalls resulting from late payments of principal and income (``P&I payments''). 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 proposal is to change from a monthly basis to a quarterly basis DTC's assessment of participants to recover its costs of obtaining a committed line of credit to fund shortfalls resulting from late P&I payments. In order to help assure that DTC is able to allocate P&I payments to participants in same-day funds on the payment date, DTC has obtained a committed bank line of credit to support P&I Payment allocations of funds not received by DTC's 2:30 p.m. cut-off time. DTC's procedures provide that the commitment fee paid by DTC will be charged to participants monthly on a pro-rata basis based upon the P&I payments that each participant received during the previous calendar year or other reasonably determined time period.\3\ The purpose of the proposed rule change is to provide for this charge to be made quarterly, instead of monthly, because DTC is billed on a quarterly basis. --------------------------------------------------------------------------- \3\ Securities Exchange Act Release No. 36837 (February 13, 1996), 61 FR 6404 [File No. SR-DTC-96-02] (notice of filing and immediate effectiveness of proposed rule change regarding principal and income payments to participants). --------------------------------------------------------------------------- DTC believes that the proposed rule change is consistent with Section 17A of the Act \4\ and the rules and regulations thereunder, because it will provide for the equitable allocation of dues, fees, and other charges among participants. --------------------------------------------------------------------------- \4\ 15 U.S.C. Sec. 78q-1 (1988). --------------------------------------------------------------------------- (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 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 DTC did not solicit comments 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 pursuant to Section 19(b)(3)(A)(ii) \5\ of the Act and pursuant to Rule 19b-4(e)(2) \6\ promulgated thereunder in that the proposal changes a due, fee, or other charge. At any 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 [[Page 40693]] investors, or otherwise in furtherance of the purposes of the Act. --------------------------------------------------------------------------- \5\ 15 U.S.C. Sec. 78s(b)(3)(A)(ii) (1988). \6\ 17 CFR 240.19b-4(e)(2) (1995). --------------------------------------------------------------------------- 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. Sec. 552, will be available for inspection and copying in the Commission's Public Reference Room, 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-96-12 and should be submitted by August 26, 1996. \7\ 17 CFR 200.30-3(a)(12) (1995). --------------------------------------------------------------------------- For the Commission by the Division of Market Regulation, pursuant to delegated authority.\7\ Margaret H. McFarland, Deputy Secretary. [FR Doc. 96-19762 Filed 8-2-96; 8:45 am] BILLING CODE 8010-01-M