[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)] [Notices] [Pages 28085-28086] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-13402] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-38646; File No. SR-DCC-96-13] Self-Regulatory Organizations; Delta Clearing Corp.; Order Granting Approval of a Proposed Rule Change Relating to the Definitions of Trading Limits and Maximum Potential System Exposure May 15, 1997. On November 26, 1996, Delta Clearing Corp. (``DCC'') filed a proposed rule change (File No. SR-DCC-96-13) with the Securities and Exchange Commission (``Commission'') pursuant to Section 19(b) of the Securities Exchange Act of 1934 (``Act'').\1\ On January 10, 1997, DCC filed an amendment to the proposed rule change. Notice of the proposal was published in the Federal Register on January 30, 1997, to solicit comments from interested persons.\2\ No comments were received. As discussed below, this order approves the proposed rule change. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b). \2\ Securities Exchange Act Release No. 38197 (January 23, 1997), 62 FR 4557. --------------------------------------------------------------------------- Description The proposed rule change amends DCC's procedures and provides for the issuance of Policy Statement 96-02 in order to revise DCC's current method of limiting its exposure to participants.\3\ The term ``trading limit'' in DCC's procedures is replaced with the ``exposure limit.'' Section 204 and 2204 and the definitions of ``exposure limit'' in Section 101 and 2101 are amended to clarify that each participant has one exposure limit applicable to both repurchase agreement (``repo'') and option transactions. --------------------------------------------------------------------------- \3\ Policy Statement 96-02 described such items as the processes for rejecting trades and notification of the affected participants. --------------------------------------------------------------------------- The consequences of a participant exceeding its exposure limit are clarified so that a participant may continue to effect trades for clearance and settlement in the repo clearing [[Page 28086]] system or the options clearing system if DCC determines that the risk involved is de minimis (i.e., the additional exposure is less than 5%). Previously, if a participant exceeded its trading limit, DCC was required to reject the participant's trades. Now, if a participant exceeds its exposure limit twice or more in one month, the revised rule obligates DCC to review with the participant and the insurer, if necessary, whether to change the participant's exposure limit. The definition of maximum potential system exposure (``MPSE'') in the procedures also is revised to clarify and to limit the circumstances under which margin funds due and owing from participants may be deducted for purposes of determining MPSE. DCC will continue to include as a credit in calculating MPSE those margin funds due and owing from such participants at or before the immediately succeeding settlement time (1) That were called for by DCC in the ordinary course of entering trades into the options or repo clearing systems, (2) that were reflected in the daily margin report, and (3) that were not an additional margin requirement pursuant to Section 603 or 2603 of DCC's procedures. II. Discussion Section 17A(b)(3)(F) of the Act requires that a clearing agency's rules be designed to ensure the safeguarding of securities and funds in its custody or control or for which it is responsible.\4\ The Commission believes that DCC's proposal is consistent with the Act in that the proposed rule change should provide DCC with greater flexibility to manage and to address credit and liquidity difficulties among its participants. --------------------------------------------------------------------------- \4\ 15 U.S.C. 78q-1(b)(3)(F). --------------------------------------------------------------------------- DCC's procedures will allow participants to effect trades for clearance and settlement in the repo clearing system or in the options clearing system above their exposure limits only if DCC determines that the risk involved is below a defined de minimis amount. While this provision gives DCC some flexibility in determining whether to reject or accept a participant's trades, it does so in a limited and prudent manner. Furthermore, the unification of each participant's exposure limit for its options and repo transactions should allow DCC to improve its understanding of the overall risk each participant poses to DCC. In addition, the limitation on the types of margin that may be used as a credit for MPSE calculations should reduce the possibility that routine margin calls designed to reduce DCC's credit exposure inadvertently compound DCC's exposure. By enhancing DCC's risk management system, the proposal assists DCC in safeguarding securities and funds in its possession and control. III. Conclusion On the basis of the foregoing, the Commission finds that the proposal is consistent with the requirements of the Act and particularly with Section 17A(b)(3)(F) of the Act and the rules and regulations thereunder. It is therefore ordered, pursuant to Section 19(b)(2) of the Act,\5\ that the proposed rule change (File No. SR-DCC-96-13) be and hereby is approved. \5\ 15 U.S.C. 78s(b)(2). --------------------------------------------------------------------------- For the Commission by the Division of Market Regulation, pursuant to delegated authority.\6\ --------------------------------------------------------------------------- \6\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 97-13402 Filed 5-21-97; 8:45 am] BILLING CODE 8010-01-M