[Federal Register Volume 63, Number 75 (Monday, April 20, 1998)] [Notices] [Pages 19546-19547] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-10341] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-39849; File No. SR-MBSCC-97-09] Self-Regulatory Organizations; MBS Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Fees and Charges April 10, 1998. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ notice is hereby given that on November 5, 1997, MBS Clearing Corporation (``MBSCC'') filed with the Securities and Exchange Commission (``Commission'') and on November 13, 1997, and February 27, 1998, amended the proposed rule change as described in Items I, II, and III below, which items have been prepared primarily by MBSCC. 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). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change revises MBSCC's fee schedule to add fees for the late payment of participant's payment obligations. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, MBSCC 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. MBSCC 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 MBSCC. --------------------------------------------------------------------------- (A) Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change MBSCC's rules and procedures require participants to satisfy all payment obligations by 12:00 p.m. Eastern Standard Time (``EST'') on the day that they are due.\3\ This noon deadline provides MBSCC with sufficient time to use such funds to pay participants in a credit position or to liquidate a participant's collateral to cover a default so that funds are available to pay such participant's obligations. --------------------------------------------------------------------------- \3\ These payment obligations result from settlement balance order market differential obligations, cash adjustment obligations, broker commissions, miscellaneous cash obligations, and MBSCC clearing and electronic pool notification bills. --------------------------------------------------------------------------- Currently, participants that fail to satisfy a payment obligation by the noon deadline are subject to a $50.00 charge. Although the majority of payment obligations due to MBSCC are paid on the day on which they are due, many are paid after the noon deadline. Failure by a participant to timely satisfy its payment obligations could jeopardize MBSCC's ability to fulfill its obligations to participants with a credit position. The purpose of the proposed rule change is to revise fees for late payment of obligations by adding a late payment fee schedule. The purpose of these new fees is to both motivate participants to pay their obligations prior to the noon deadline and to compensate MBSCC for the costs associated with monitoring such late payments. The late payment fee schedule is based both on the size of the cash obligation payment that is not timely made and the frequency of such participant's late payments over a rolling ninety day period. MBSCC's late payment fine schedule is set forth below. ---------------------------------------------------------------------------------------------------------------- First Second Third Fourth Payable cash obligation occurrence occurrence occurrence occurrence ---------------------------------------------------------------------------------------------------------------- $50.00.00-100,000.00............................ $50.00 $100.00 $250.00 $500.00 100,000.01-1,000,000.00......................... 100.00 200.00 500.00 1,000.00 1,000,000.01-1,500,000.00....................... 200.00 400.00 1,000.00 2,000.00 1,500.000.01-3,000,000.00....................... 500.00 1,000.00 2,500.00 5,000.00 3,000,000.01-5,000,000.00....................... 1,000.00 2,000.00 5,000.00 10,000.00 ---------------------------------------------------------------------------------------------------------------- [[Page 19547]] Calculation of charges for late payment obligations in excess of $5,000,000 will be based on the ratio of the actual late obligation (rounded to the next highest million) to $5,000,000, multiplied by the late fee for obligations of $5,000,000. Participants failing to timely satisfy payment obligations on more than four occasions within a rolling ninety day period will be subject to additional late fees for each occurrence. This amount will be determined at MBSCC's discretion depending on the magnitude and history of the participant's late payments, but any additional late fees can be no more than twice the fourth occurrence fee. MBSCC also reserves the discretion to waive or reduce late fees when a particular occurrence is not deemed to be the participant's fault or the participant has provided MBSCC with evidence that it is taking appropriate corrective action to prevent recurrence. Late fees will accrue on the date on which a late payment is made, and participants will receive a letter notifying them of the late fee. The late fee will be reflected on the participant's bill for the month during which such fee was incurred and is payable at such time. MBSCC believes that the proposed rule change is consistent with the requirements of Section 17A of the Act \4\ and the rules and regulations thereunder because it provides for the equitable allocation of dues, fees, and other charges among MBSCC's participants. --------------------------------------------------------------------------- \4\ 15 U.S.C. 78q-1. --------------------------------------------------------------------------- (B) Self-Regulatory Organization's Statement on Burden on Competition MBSCC 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) \5\ of the Act and pursuant to Rule 19b-4(e)(2) \6\ promulgated thereunder because the proposal establishes or changes a due, fee, or other charge imposed by MBSCC. 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 investors, or otherwise in furtherance of the purposes of the Act. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78s(b)(3)(A)(ii). \6\ 17 CFR 240.19b-4(e)(2). --------------------------------------------------------------------------- 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 also will be available for inspection and copying at the principal office of MBSCC. All submissions should refer to File No. SR-MBSCC-97-09 and should be submitted by May 11, 1998. For the Commission by the Division of Market Regulation, pursuant to delegated authority.7 --------------------------------------------------------------------------- \7\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 98-10341 Filed 4-17-98; 8:45 am] BILLING CODE 8010-01-M