Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · REGISTER · 2012-12-17 · SECURITIES AND EXCHANGE COMMISSION · Proposed Rules

Proposed Rules. SECURITIES AND EXCHANGE COMMISSION

659 words·~3 min read·/register/2012/12/17/2012-30270·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-68401; File No. SR-CME-2012-42] Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.; Order Approving Proposed Rule Change Regarding the Valuation of Securities on Deposit December 11, 2012. I. Introduction On October 10, 2012, Chicago Mercantile Exchange Inc. (“CME”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change SR-CME-2012-42 pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder. 2 The proposed rule change was published for comment in the **Federal Register** on October 30, 2012. 3 The Commission received no comment letters regarding this proposal.
For the reasons discussed below, the Commission is granting approval of the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 34-68093 (October 24, 2012), 77 FR 65730 (October 30, 2012). II. Description CME is proposing to issue an Advisory Notice that announces certain changes to the way CME will value securities on deposit. Under the proposed changes, CME will begin using the current market value, plus accrued interest, to value securities on deposit.
CME currently excludes accrued interest from the value of securities on deposit. Therefore, with this adjustment, accrued interest will now be included in the market value of the security. The purpose of the adjustment is to harmonize valuations with existing industry conventions. CME initially planned to implement these changes beginning on December 3, 2012; 4 however, CME has delayed the implementation date and will notify its Clearing Members of the new implementation date in a subsequent notice to its members. 5 4 *See supra* note 3. 5 Telephone conversation among Tim Elliott, Executive Director and Associate General Counsel, CME;
Gena Lai, Senior Special Counsel, SEC; Justin Byrne, Attorney-Adviser, SEC; December 4, 2012. III. Discussion Section 19(b)(2)(C) of the Act 6 directs the Commission to approve a proposed rule change of a self-regulatory organization if it finds that such proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to such organization. Section 17A(b)(3)(F) of the Act 7 requires, among other things, that the rules of a clearing agency are designed to promote the prompt and accurate clearance and settlement of securities transactions and, to the extent applicable, derivative agreements, contracts, and transactions, and to assure the safeguarding of securities and funds which are in the custody or control of the clearing agency or for which it is responsible. 6 15 U.S.C. 78s(b)(2)(C). 7 15 U.S.C. 78q-1(b)(3)(F).
The Commission believes that these changes are consistent with the requirements of Section 17A(b)(3)(F) of the Act 8 and the rules and regulations thereunder applicable to CME. These changes would use the current market value, plus accrued interest, for securities on deposit at CME, which will better align CME's practices with the marketplace and expectations of its participants. The changes will therefore promote the prompt and accurate clearance and settlement of securities transactions and, to the extent applicable, derivative agreements, contracts, and transactions, and assure the safeguarding of securities and funds which are in the custody or control of the clearing agency or for which it is responsible. 8 15 U.S.C. 78q-1(b)(3)(F).
IV. Conclusion On the basis of the foregoing, the Commission finds that the proposal is consistent with the requirements of the Act and in particular with the requirements of Section 17A of the Act 9 and the rules and regulations thereunder. 9 15 U.S.C. 78q-1. *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 10 that the proposed rule change (File No. SR-CME-2012-42) be, and hereby is, approved. 11 10 15 U.S.C. 78s(b)(2). 11 In approving the proposed rule change, the Commission considered the proposal's impact on efficiency, competition and capital formation. 15 U.S.C. 78c(f).
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 12 Kevin M. O'Neill, Deputy Secretary. 12 17 CFR 200.30-3(a)(12). [FR Doc. 2012-30270 Filed 12-14-12; 8:45 am]
Connectionstraces to 4
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.