The notice provides that the amendments proposed by the NSCC will take effect within 45 days of their publication in the Federal Register, unless the SEC determines that a longer period of time is reasonable after which the SEC approves or rejects the amendments OR commences proceedings “to determine whether the proposed rule change should be rejected.” This approach suggests that the Commission considers that the NSCC proposal will generate significant resistance from the members concerned and possibly from other market participants. On Monday, May 10, 2021, the U.S. Securities and Exchange Commission (“SEC”) announced that the National Securities Clearing Corporation (“NSCC”) has filed a proposed rule change with the SEC to increase the amount of the minimum deposit of funds required to be made and maintained by member companies using the NSCC. The notice states that as a result of one of its regular reviews of the minimum required deposit, the NSCC has determined the following: The minimum required deposit is $10,000, of which at least 40% must be in cash. This minimum of $10,000 must be maintained; If it falls below this number on a given day, an additional deposit must be made before the next trading day to bring the total deposit down to $10,000. The calculation of the minimum required for a member is based on the member`s respective product, portfolio and market. The NSCC conducts regular risk assessment reviews to confirm the appropriateness of the member`s deposit or to require an increased deposit. In this context, the NSCC uses daily backtests to measure suitability by comparing the amount of the member`s deposit with the actual holdings in the member`s portfolio. If there are more than two days of coverage gaps in a rolling 12-month period, the member must take corrective action: either adjust the composition of their portfolio or increase their deposit. . Proposal to amend the rules to improve transparency in the calculation of backtesting fees. Ensure a passive confirmation process, codify specific billing processes, and make technical, clarifying, and NSCC-compliant changes.
Your request rate has exceeded the maximum number of requests allowed per sec second. Your access to SEC.gov is limited to 10 minutes. . The notice identifies three cases where a deposit of $10,000 may be insufficient: There are circumstances where the current minimum deposit amount is insufficient to manage the risk of the NSCC in the event of a sudden or sudden increase in a member`s activity. . The notice goes on to explain that the sum of all required deposits of members` funds may be used if the required contribution from the defaulting participant is insufficient to cover the losses incurred by NSCC in connection with the liquidation of the portfolio. The minimum required deposit of funds is calculated using Method XV, a market risk assessment tool introduced by the NSCC as part of its market risk management strategy to comply with SEC Rule 17 Ad-22(e)(4) of the Securities Exchange Act of 1934, as amended. These market risks are generally reported as “credit risks”. . Peter D. Hutcheon is primarily active in the areas of corporate governance, commercial transactions, securities, banking and financial services. Unauthorized attempts to upload information and/or modify information on any part of this website are strictly prohibited and subject to prosecution under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act of 1996 (see 18 U.S.C.
§ 1001 and 1030). Not surprisingly, the events that have argued for the proposed substantial increase in a member`s minimum deposit of eligible funds from $10,000 to $250,000 reflect concerns about a “sudden or sudden increase in a member`s activity.” In fact, there has never been a so-called “Reddit Mob” and their pursuit of GameStop and other actions, as discussed in detail in my January 28 blog post “Break Rapture: Should the GameStop?”. As mentioned earlier, there has been an extraordinary increase in transaction volume, especially among people using the Robinhood platform. According to published reports, Robinhood received a letter from the NSCC on Wednesday, January 20, 2021 at .m 7 a.m a.m Eastern Time (4 a.m.m Pacific Time, where Robinhood is headquartered). By using this website, you agree to security monitoring and auditing. For security reasons and to ensure that the public service remains accessible to users, this government computer system uses network traffic monitoring programs to identify unauthorized attempts to upload or modify information, or otherwise cause damage, including attempts to deny service to users. Amending the NSCC rules to remove deposit requirements for mutual funds and removing some other provisions regarding compensation fund requirements for limited members, the lock is automatically lifted by waiting 10 minutes. If you continue to exceed the SEC`s maximum allowable application rate during the expiration period, the duration of the expiration period will be extended.
To ensure equitable access for all users, please reduce the rate of your requests and review SEC.gov after the 10-minute break expires. . These NSCC letters are issued periodically at that time to address margin deficiencies and other issues. The January 20 letter to Robinhood demanded that NSCC member Robinhood immediately deposit an additional $3 billion into its membership fund deposit. This prompted Robinhood to engage in an emerging effort to raise additional capital AND suspend trading in 13 stocks, including GameStop. Eventually, this suspension ended and Robinhood resumed full operations. In the turmoil of the capital market collapse in the fall of 1929, at the beginning of the Depression, securities dealers were heard telling clients who had bought shares with funds borrowed from the broker: “Marge, I must have more margin.” [A speaker quoted on Edward R. Murrow`s third volume of “I Can Hear it Now, 1919 – 1932” Columbia Records, 1950]. The NSCC is now seeking comparable support for the credit risks associated with clearing securities transactions.
We can hope for the success of these efforts to make securities trading safer. For more information, see the SEC`s Privacy and Security Policy. Thank you for your interest in the U.S. Securities and Exchange Commission. Note: We do not provide technical support for developing or debugging scripted download processes. . The NSCC has received criticism and comment from some, but not the majority, of these members. The communication follows a nearly three-page defense of the NSCC`s proposed amendments. However, it is questionable whether the amount of the proposed increase will encourage some members, especially the smaller and less active, to leave the NSCC and seek alternative trading systems to transact. See in this context my blog post of December 1, 2020 entitled “Treasury Transparency: Improved Regulations for Trading Government Securities”, in which I discuss the SEC`s ATS Regulation. Note that this policy may change if the SEC manages to SEC.gov to ensure that the site operates efficiently and remains available to all users.
If a user or application submits more than 10 requests per second, other requests from the IP address may be limited for a short time. Once the request rate drops below the threshold for 10 minutes, the user can continue to access content on SEC.gov. This SEC practice is designed to limit excessive automated searches of SEC.gov and is not intended or should not affect individuals browsing the website SEC.gov. Current policies limit each user to a total of no more than 10 requests per second, regardless of the number of computers used to send requests. To ensure that SEC.gov remains available to all users, we reserve the right to block IP addresses that make excessive requests. For best practices for efficiently downloading information from SEC.gov, including the latest EDGAR submissions, see sec.gov/developer. You can also sign up for email updates to the SEC Open Data program, including best practices that make downloading data more efficient and improvements SEC.gov that can affect scripted download processes. For more information, please contact opendata@sec.gov. . Peter advises the management of public and private companies and banking institutions on governance issues.
He also has particular expertise in compensation and insurance for directors and officers. Peter has represented parties in major public-private partnerships. He also represents clients seeking private equity, venture capital and private equity. . The required deposit of funds serves as a margin for each member. The objective of the required contribution to the fund from a Member is to mitigate potential losses to the CNSC related to the liquidation of a Member`s portfolio in the event that the SCCC ceases to act on behalf of that Member (hereinafter referred to as “default”). .