§ 5465. Operations of designated financial market utilities

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(a)Federal Reserve account and services The Board of Governors may authorize a Federal Reserve Bank to establish and maintain an account for a designated financial market utility and provide the services listed in section 11A(b) of the Federal Reserve Act (12 U.S.C. 248a(b)) and deposit accounts under the first undesignated paragraph of section 13 of the Federal Reserve Act (12 U.S.C. 342) to the designated financial market utility that the Federal Reserve Bank is authorized under the Federal Reserve Act [12 U.S.C. 221 et seq.] to provide to a depository institution, subject to any applicable rules, orders, standards, or guidelines prescribed by the Board of Governors.

(b)Advances The Board of Governors may authorize a Federal Reserve bank under section 10B of the Federal Reserve Act (12 U.S.C. 347b) to provide to a designated financial market utility discount and borrowing privileges only in unusual or exigent circumstances, upon the affirmative vote of a majority of the Board of Governors then serving (or such other number in accordance with the provisions of section 11(r)(2) of the Federal Reserve Act (12 U.S.C. 248(r)(2)) 1 after consultation with the Secretary, and upon a showing by the designated financial market utility that it is unable to secure adequate credit accommodations from other banking institutions. All such discounts and borrowing privileges shall be subject to such other limitations, restrictions, and regulations as the Board of Governors may prescribe. Access to discount and borrowing privileges under section 10B of the Federal Reserve Act as authorized in this section does not require a designated financial market utility to be or become a bank or bank holding company.

(c)Earnings on Federal Reserve balances A Federal Reserve Bank may pay earnings on balances maintained by or on behalf of a designated financial market utility in the same manner and to the same extent as the Federal Reserve Bank may pay earnings to a depository institution under the Federal Reserve Act [12 U.S.C. 221 et seq.], subject to any applicable rules, orders, standards, or guidelines prescribed by the Board of Governors.

(d)Reserve requirements The Board of Governors may exempt a designated financial market utility from, or modify any, reserve requirements under section 19 of the Federal Reserve Act (12 U.S.C. 461) applicable to a designated financial market utility.

(e)Changes to rules, procedures, or operations

(1)Advance notice

(A)Advance notice of proposed changes required A designated financial market utility shall provide notice 60 days in advance notice 2 to its Supervisory Agency of any proposed change to its rules, procedures, or operations that could, as defined in rules of each Supervisory Agency, materially affect, the nature or level of risks presented by the designated financial market utility.

(B)Terms and standards prescribed by the Supervisory Agencies Each Supervisory Agency, in consultation with the Board of Governors, shall prescribe regulations that define and describe the standards for determining when notice is required to be provided under subparagraph (A).

(C)Contents of notice The notice of a proposed change shall describe—

(i)the nature of the change and expected effects on risks to the designated financial market utility, its participants, or the market; and

(ii)how the designated financial market utility plans to manage any identified risks.

(D)Additional information The Supervisory Agency may require a designated financial market utility to provide any information necessary to assess the effect the proposed change would have on the nature or level of risks associated with the designated financial market utility’s payment, clearing, or settlement activities and the sufficiency of any proposed risk management techniques.

(E)Notice of objection The Supervisory Agency shall notify the designated financial market utility of any objection regarding the proposed change within 60 days from the later of—

(i)the date that the notice of the proposed change is received; or

(ii)the date any further information requested for consideration of the notice is received.

(F)Change not allowed if objection A designated financial market utility shall not implement a change to which the Supervisory Agency has an objection.

(G)Change allowed if no objection within 60 days A designated financial market utility may implement a change if it has not received an objection to the proposed change within 60 days of the later of—

(i)the date that the Supervisory Agency receives the notice of proposed change; or

(ii)the date the Supervisory Agency receives any further information it requests for consideration of the notice.

(H)Review extension for novel or complex issues The Supervisory Agency may, during the 60-day review period, extend the review period for an additional 60 days for proposed changes that raise novel or complex issues, subject to the Supervisory Agency providing the designated financial market utility with prompt written notice of the extension. Any extension under this subparagraph will extend the time periods under subparagraphs

(E)and (G).

(I)Change allowed earlier if notified of no objection A designated financial market utility may implement a change in less than 60 days from the date of receipt of the notice of proposed change by the Supervisory Agency, or the date the Supervisory Agency receives any further information it requested, if the Supervisory Agency notifies the designated financial market utility in writing that it does not object to the proposed change and authorizes the designated financial market utility to implement the change on an earlier date, subject to any conditions imposed by the Supervisory Agency.

(2)Emergency changes

(A)In general A designated financial market utility may implement a change that would otherwise require advance notice under this subsection if it determines that—

(i)an emergency exists; and

(ii)immediate implementation of the change is necessary for the designated financial market utility to continue to provide its services in a safe and sound manner.

(B)Notice required within 24 hours The designated financial market utility shall provide notice of any such emergency change to its Supervisory Agency, as soon as practicable, which shall be no later than 24 hours after implementation of the change.

(C)Contents of emergency notice In addition to the information required for changes requiring advance notice, the notice of an emergency change shall describe—

(i)the nature of the emergency; and

(ii)the reason the change was necessary for the designated financial market utility to continue to provide its services in a safe and sound manner.

(D)Modification or rescission of change may be required The Supervisory Agency may require modification or rescission of the change if it finds that the change is not consistent with the purposes of this Act or any applicable rules, orders, or standards prescribed under section 5464(a) of this title.

(3)Copying the Board of Governors The Supervisory Agency shall provide the Board of Governors concurrently with a complete copy of any notice, request, or other information it issues, submits, or receives under this subsection.

(4)Consultation with Board of Governors Before taking any action on, or completing its review of, a change proposed by a designated financial market utility, the Supervisory Agency shall consult with the Board of Governors.

(Pub. L. 111–203, title VIII, § 806, July 21, 2010, 124 Stat. 1811.)

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