[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)] [Notices] [Pages 20043-20044] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-10198] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-41298; File No. SR-OCC-99-05] Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of Proposed Rule Change Regarding Joint Back Office Participants April 16, 1999. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ notice is hereby given that on March 3, 1999, The Options Clearing Corp. (``OCC'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule [[Page 20044]] change as described in Items I, II, and III below, which items have been prepared primarily by OCC. 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 Under the proposed rule change, OCC will amend its rules and by- laws to allow clearing members to maintain joint back office accounts in which long positions can be used to offset short positions in options for broker-dealers with which they have joint back office arrangements. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, OCC 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. OCC 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 OCC. --------------------------------------------------------------------------- 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 allow OCC clearing members to maintain joint back office accounts (``JBO accounts'') for broker-dealers with whom the clearing members have joint back office arrangements. (These broker-dealers are referred to as JBO participants.) Under the proposed rule change, a broker-dealer registered with the Commission will be considered a JBO participant if it (1) maintains a joint back office arrangement with an OCC clearing member that satisfies the requirements of Regulation T,\3\ (2) meets the applicable requirements as specified in exchange rules, and (3) consents to having its exchange transactions cleared and its positions carried in a JBO participant account. --------------------------------------------------------------------------- \3\ Joint back office arrangements are authorized under Section 220.7 of Regulation T of the Board of Governors of the Federal Reserve System and permit non-clearing broker-dealers to be deemed self-clearing for credit extension purposes if the non-clearing broker-dealer has an ownership interest in the clearing firm. --------------------------------------------------------------------------- OCC will treat JBO participants like market makers and specialists and will treat JBO participants' accounts like market maker's accounts and specialist's accounts. For example, long positions in a JBO participants' account will be treated as unsegregated long positions. The one exception to this treatment relates to Chapter IV of OCC's rules which pertains to matched trade reporting. OCC does not anticipate that its participant exchanges will report JBO transactions as market maker or specialist transactions for purposes of reporting matched trades. Accordingly, JBO participants will not be included within the term ``market maker'' or ``specialist'' for the purposes of the rules in Chapter IV. To implement the above changes, OCC will add definitions for ``JBO participant'' and ``JBO participants' account'' in Article I, Section 1 of the by-laws. OCC will also amend the definition of ``unsegregated long position'' to include long positions in JBO participants' accounts. OCC will amend Interpretation .03 to Article V, Section 1 of the by-laws, which provides that applicants for clearing membership must agree to seek approval for the membership/margin committee to clear types of transactions for which the applicant did not initially seek approval in its membership application, by adding JBO participant transactions. Finally, Article VI, Section 3 of the by-laws will be amended to add JBO participants' accounts to the list of permissible accounts clearing members may maintain with OCC. OCC believes that the proposed rule change is consistent with Section 17A of the Act \4\ and the rules and regulations thereunder because the proposal is consistent with OCC's requirement to assure the safeguarding of securities and funds which are in OCC's custody or control or for which OCC is responsible. --------------------------------------------------------------------------- \4\ 15 U.S.C. 78q-1. --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition OCC does not believe that the proposed rule change would impose any material impact on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received from Members, Participants or Others Written comments were not and are not intended to be solicited with respect to the proposed rule change, and none have been received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within thirty-five days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to ninety days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which OCC consents, the Commission will: (A) by order approve such proposed rule change or (B) institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. 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- 0609. 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 OCC. All submissions should refer to File No. SR-OCC-99-05 and should be submitted by May 14, 1999. For the Commission by the Division of Market Regulation, pursuant to delegated authority.\5\ --------------------------------------------------------------------------- \5\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 99-10198 Filed 4-22-99; 8:45 am] BILLING CODE 8010-01-M