97-15246. Distribution of Customer Property Related to Trading on the Chicago Board of TradeLondon International Financial Futures and Options Exchange Trading Link  

  • [Federal Register Volume 62, Number 112 (Wednesday, June 11, 1997)]
    [Rules and Regulations]
    [Pages 31708-31713]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-15246]
    
    
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    COMMODITY FUTURES TRADING COMMISSION
    
    17 CFR Part 190
    
    
    Distribution of Customer Property Related to Trading on the 
    Chicago Board of Trade--London International Financial Futures and 
    Options Exchange Trading Link
    
    AGENCY: Commodity Futures Trading Commission.
    
    ACTION: Final rules.
    
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    SUMMARY: The Commodity Futures Trading Commission (``Commission'') has 
    adopted an additional amendment to Appendix B of its bankruptcy rules 
    to govern the distribution of property where the debtor is a futures 
    commission merchant (``FCM'') that maintains customer accounts that 
    carry
    
    [[Page 31709]]
    
    or trade positions in Designated Chicago Board of Trade (``CBT'') 
    Contracts at London International Financial Futures and Options 
    Exchange (``LIFFE'') or Designated LIFFE Contracts at CBT (``Link 
    Accounts'') as well as non-Link accounts. This new distributional 
    framework is intended to assure that non-Link customers of such an FCM 
    would not be adversely affected by a shortfall in Section 4d(2) 
    segregated funds caused by the operation of the Link.\1\
    ---------------------------------------------------------------------------
    
        \1\ The proposal to establish a Link arrangement between CBT and 
    LIFFE was approved by the Commission on May 6, 1997.
    ---------------------------------------------------------------------------
    
    EFFECTIVE DATE: June 11, 1997.
    
    
    FOR FURTHER INFORMATION CONTACT: Lois J. Gregory, Attorney, Division of 
    Trading and Markets, Commodity Futures Trading Commission, Three 
    Lafayette Centre, 1155 21st Street, N.W., Washington, D.C. 20581. 
    Telephone: (202) 418-5483.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Introduction
    
        On April 22, 1997, the Commission published a proposed amendment to 
    Appendix B of its bankruptcy rules to govern the distribution of 
    property where the debtor is an FCM that maintains customer accounts 
    that carry or trade positions in Link accounts as well as non-Link 
    accounts, and allowed 15 days for comment thereon.\2\ The Commission 
    received one written comment in response to the proposal, from the 
    Chicago Mercantile Exchange (``CME''), which expressed its view that it 
    does not want the same approach automatically applied to linkage 
    arrangements CME may develop with other exchanges. The Commission has 
    considered this comment and has determined to adopt the additional 
    amendment to Appendix B of its bankruptcy rules as it was proposed. The 
    new Framework 2 governs the distribution of customer property related 
    to trading on the CBT-LIFFE Link, specifically.
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        \2\ 62 FR 19530
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    II. Trading in Link Contracts
    
        The CBT, LIFFE and their respective clearing houses have commenced 
    operation of a trading link (Link) whereby Designated CBT Contracts \3\ 
    are traded on LIFFE, initially cleared by the London Clearing House 
    Limited (``LCH''), and transferred to the Board of Trade Clearing 
    Corporation (``BOTCC''), and Designated LIFFE Contracts \4\ are traded 
    on the CBT, initially cleared by BOTCC and transferred to LCH.
    ---------------------------------------------------------------------------
    
        \3\ Designated CBT Contracts currently consist of U.S. Treasury 
    Bond futures and futures options. At a later date, it is anticipated 
    that 10 year U.S. Treasury Note futures and futures options and 5 
    year U.S. Treasury Note futures and futures options will be added.
        \4\ Designated LIFFE Contracts currently consist of German 
    Government Bond futures and futures options. At a later date, it is 
    anticipated that British Gilt futures and futures options and 
    futures options on the Italian Government Bond will be added.
    ---------------------------------------------------------------------------
    
        In the case of Designated CBT Contracts traded on LIFFE, the U.S. 
    FCM maintains a customer omnibus account with a LIFFE clearing member. 
    Each day, LCH marks futures positions to a closing price, pays to and 
    collects from the LIFFE clearing member the difference between trade 
    price and mark price, pays and collects option premiums and, at the 
    request of the LIFFE clearing member, nets positions prior to their 
    transfer to BOTCC at approximately 10:00 a.m. Chicago time. Bank 
    settlement commitments are required in response to instructions for 
    Link variation obligations on trade date (``T''), with payment made to 
    LCH on the next day (``T+1''). Also, if the CBT is closed for a 
    holiday, LCH will hold positions in Designated CBT Contracts overnight 
    and can call for margin. Property of the customers of the U.S. FCM that 
    accrues to such customers as the result of such trades or contracts 
    prior to their transfer to BOTCC or which is deposited to margin, 
    guarantee or secure trades or contracts in Designated CBT Contracts at 
    LIFFE is deemed to be ``Link property.'' During the interval before 
    transfer back from LCH to BOTCC, Link property at LCH may for 
    operational purposes be held in a foreign depository consistent with 
    CFTC Advisory 87-5.\5\
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        \5\ Comm. Fut. L. Rep., para. 23,997 (December 3, 1987).
    ---------------------------------------------------------------------------
    
        In the case of Designated LIFFE Contracts traded on CBT, property 
    received by the U.S. FCM to margin, secure or guarantee trades is 
    included in the foreign futures and foreign options secured amount, 
    pursuant to Commission Regulation 30.7. The Commission granted BOTCC 
    its request for a no action position to permit certain excess foreign 
    currency contained in such secured amount account and separately 
    accounted for at the clearing organization to be used by FCM clearing 
    members to meet original margin requirements for U.S. contracts under 
    Section 4d(2) of the Act. Such excess property held in a combined BOTCC 
    account but applied to margin requirements for U.S. contracts as 
    Section 4d(2) property is also treated as ``Link property'' under 
    Appendix B.
        To the extent that positions in Designated CBT Contracts executed 
    on LIFFE and property supporting or accruing from those positions are 
    deemed to be customer property under Section 4d(2) of the Act, or 
    certain foreign currency margin deposited in respect of Designated 
    LIFFE Contracts is held in a Section 4d(2) clearing account, any 
    customer net equity claim in respect of such Link property held by an 
    FCM in a Link account would be treated as a customer net equity claim 
    under Part 190 of the Commission's rules \6\ and subchapter IV of 
    chapter 7 of the Bankruptcy Code (the commodity broker liquidation 
    provisions).\7\ In the case of an FCM bankruptcy, the commodity broker 
    liquidation provisions of the Bankruptcy Code and Part 190 of the 
    Commission's rules provide for a pro rata distribution of assets in 
    proportion to net equity claims among the Section 4d(2) customers whose 
    accounts are carried by such FCM. Thus, absent some provision to the 
    contrary, if a participating FCM defaulted due to losses in its Link-
    related account(s), non-Link customers could be forced to share in 
    losses generated by a shortfall in Link property. To avoid that result, 
    the new framework provides a rule of distribution that operates to 
    subordinate claims for Link property to Section 4d(2) claims overall.
    ---------------------------------------------------------------------------
    
        \6\ 17 CFR part 190.
        \7\ 11 U.S.C. 761-766.
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    III. New Bankruptcy Distribution in the Context of the CBT-LIFFE 
    Link
    
        When the Commission adopted its Part 190 bankruptcy regulations,\8\ 
    it included an Appendix intended to facilitate the execution of a 
    trustee's duties, forms concerning customer instructions for return of 
    non-cash property and transfer of hedge contracts, and a proof of claim 
    form. The Commission later adopted Appendix B to provide guidance to a 
    trustee on the appropriate distribution of property where an FCM's 
    customers cross-margined non-proprietary futures positions with certain 
    securities positions.\9\
    ---------------------------------------------------------------------------
    
        \8\ 48 FR 8716 (March 1, 1983).
        \9\ 59 FR 17468 (April 13, 1994).
    ---------------------------------------------------------------------------
    
        The Commission has now adopted an extension of Appendix B which 
    will subordinate claims for Link property to claims for non-Link 
    property when a shortfall in Link property is greater than the 
    shortfall, if any, of non-Link related property. The new amendment 
    follows the guiding principles of Appendix B to Part 190: to assure 
    that generally there is pro rata distribution to customers of the 
    customer property in the bankrupt FCM's commodity interest estate and 
    that the satisfaction of non-Link customer claims are not adversely
    
    [[Page 31710]]
    
    affected by a shortfall in the pool of Link property. The new amendment 
    will assure that non-Link claims will never receive less than they 
    would have received in the absence of the Link, but the distributional 
    rule will not require Link-related claims to be subordinated in every 
    instance.
        Under new Framework 2, a bankruptcy trustee handling the commodity 
    interest estate of a bankrupt FCM with Link property first will 
    determine the respective shortfalls, if any, in the pools of Link 
    customer and non-Link customer segregated funds. The trustee then will 
    calculate the shortfall in each pool as a percentage of the segregation 
    requirement for the pool. In making this determination, any shortfall 
    in Link property held overseas could be offset in whole or in part by 
    any excess funds held by the FCM in segregation in the United States.
        If there is: (1) No shortfall in either of the two pools; (2) an 
    equal percentage shortfall in the two pools; (3) a shortfall in the 
    non-Link pool only; or (4) a greater percentage of shortfall in the 
    non-Link pool than in the Link pool, then the two pools of segregated 
    funds would be combined and Link customers and non-Link customers would 
    share pro rata in the combined pool.\10\
    ---------------------------------------------------------------------------
    
        \10\ See examples 1, 2, 5 and 6 of Appendix B to part 190, 
    Framework 2.
    ---------------------------------------------------------------------------
    
        However, if there were (1) a shortfall in the Link pool only, or 
    (2) a greater percentage of shortfall in the Link pool than in the non-
    Link pool, then the two pools of segregated funds would not be 
    combined.\11\ Rather, Link customers would share pro rata in the pool 
    of Link segregated funds (including any excess funds held by the FCM in 
    segregation in the U.S.), while non-Link customers would share pro rata 
    in the pool of non-Link segregated funds. Further, if a pool of 
    property initially would be treated as if it had a shortfall because 
    frozen or otherwise unavailable as the result of government action, and 
    later the freeze were lifted or funds became available, subsequent 
    distribution would not be permitted to result in customers for whom 
    funds were frozen receiving any greater distribution than a pro rata 
    distribution for Section 4d (segregated funds) customers as a whole. To 
    facilitate this distributional framework, two subclasses of customer 
    accounts, a Link account and a non-Link account are recognized.
    ---------------------------------------------------------------------------
    
        \11\ See examples 3 and 4 of Appendix B to part 190, Framework 
    2.
    ---------------------------------------------------------------------------
    
        Like the existing distribution system for a bankrupt FCM with 
    customer claims related to cross-margining, the new amendment would 
    assure that non-Link customers would never receive less than they would 
    have received in the absence of the Link. The new Framework to the 
    Appendix is intended to eliminate the need for each customer who seeks 
    to trade pursuant to the Link to execute a separate subordination 
    agreement.
    
    IV. Effective Date
    
        The Administrative Procedure Act requires the publication of a 
    final substantive rule not less than 30 days before its effective date 
    unless otherwise provided by the agency for good cause found and 
    published with the rule. See 5 U.S.C. 553(d)(3) (1994). The Commission 
    is making this amendment effective as of June 11, 1997. The Commission 
    has determined that good cause exists to make this amendment to 
    Appendix B of its bankruptcy rules effective upon publication because a 
    distributional framework for property of a U.S. FCM that participates 
    in the currently operational CBT-LIFFE trading link must be put into 
    place immediately in the unlikely event such FCM should become 
    bankrupt.
    
    V. Related Matters
    
    A. Regulatory Flexibility Act
    
        The Regulatory Flexibility Act (RFA), 5 U.S.C. Sec. 601-611 (1988), 
    requires that agencies consider the impact of those rules on small 
    businesses. These rules will affect distributees of a bankrupt FCM's 
    estate where the FCM has entered into a Link Clearing Agreement with a 
    clearing member of LIFFE to transfer or accept the transfer of 
    positions in Designated Link Contracts. The Chairperson, on behalf of 
    the Commission, hereby certifies pursuant to 5 U.S.C. 605(b), that the 
    action taken herein will not have a significant economic impact on a 
    substantial number of small entities. The new Framework will eliminate 
    the need for customers of FCMs who wish to participate in the Link to 
    execute a subordination agreement. Further, the distributional 
    framework is intended to assure that non-Link customers of such FCM 
    would not be disadvantaged by a shortfall in the pool of Link funds. 
    Persons participating in the Link will be provided with special risk 
    disclosure which includes disclosure covering the treatment of Link 
    customer funds. The adoption of this bankruptcy distributional rule 
    merely provides a framework for fairly distributing customer funds in 
    the event of an FCM bankruptcy. As customers elect to undertake Link 
    transactions customers need not take the risks of the Link if upon 
    reviewing the relevant disclosures they do no elect to do so, thus the 
    inception of Framework 2 of Appendix B. It should not in itself have a 
    significant economic impact but rather should operate to facilitate the 
    Link arrangement and to prevent unintended economic consequences to 
    customers not electing to participate in the Link.
    
    B. Paperwork Reduction Act
    
        The Paperwork Reduction Act of 1995 (Pub. L. 104-13 (May 13, 1996)) 
    imposes certain requirements on federal agencies (including the 
    Commission) in connection with their conducting or sponsoring any 
    collection of information as defined by the Paperwork Reduction Act. 
    While this rule has no burden, the group of rules (3038-0021) of which 
    this is a part has the following burden:
    
    Average burden hours per response--0.35
    Number of Respondents--802
    Frequency of response--on occasion
    
    Copies of the OMB approved information collection package associated 
    with this rule may be obtained from Desk Officer, CFTC, Office of 
    Management and Budget, Room 10202, NEOB Washington, D.C. 20503, (202) 
    395-7340.
    
    List of Subjects in 17 CFR Part 190
    
        Bankruptcy.
    
        Accordingly, the Commission pursuant to the authority contained in 
    the Commodity Exchange Act and, in particular, Sections 1a, 2(a), 4c, 
    4d, 4g, 5, 5a, 8a, 15, 19 and 20 thereof, 7 U.S.C. 1a, 2 and 4a, 6c, 
    6d, 6g, 7, 7a, 12a, 19, 23 and 24 (1994), and in the Bankruptcy Code 
    and, in particular Sections 362, 546, 548, 556 and 761-766 thereof, 11 
    U.S.C. 362, 546, 548, 556 and 761-766 (1994), hereby amends Part 190 of 
    Chapter I of title 17 of the Code of Federal Regulation as follows:
    
    PART 190--BANKRUPTCY
    
        1. The authority citation for Part 190 continues to read as 
    follows:
    
        Authority: 7 U.S.C. 1a, 2, 4a, 6c, 6d, 6g, 7, 7a, 12, 19, 23 and 
    24 and 11 U.S.C. 362, 546, 548, 566 and 761-766.
    
        2. Part 190 is amended by adding at the end of Appendix B the 
    following Framework 2:
    
    Appendix B to Part 190--Special Bankruptcy Distributions
    
    * * * * *
    
    Framework 2--Special Distribution of Customer Funds When FCM 
    Participated in the Trading of Designated Link Contracts Pursuant to 
    the CBT-LIFFE Link
    
        The Commission has established the following distributional 
    convention with
    
    [[Page 31711]]
    
    respect to Section 4d customer funds held by a futures commission 
    merchant (FCM) that participates in the trading of Chicago Board of 
    Trade (``CBT'')-designated contracts executed on the London 
    International Financial Futures and Options Exchange (``LIFFE'') or 
    LIFFE-designated contracts executed on CBT (``Designated Link 
    Contracts'') pursuant to the CBT-LIFFE Link (``Link'') which shall 
    apply if customers of the FCM have been provided with a notice which 
    makes reference to this distributional rule and the form of such 
    notice has been approved by the Commission by rule, regulation or 
    order. The maintenance of property in a Link account would result in 
    subordination of the claim for such property to certain non-Link 
    customer claims in certain circumstances. This results in subclasses 
    of customer accounts required to be segregated for purposes of 
    Section 4d(2) of the Commodity Exchange Act: a Link account and a 
    non-Link account (a person could hold each type of account), and 
    results in two pools of customer segregated funds: a Link pool and a 
    non-Link pool.
        In the event that there is a shortfall in the non-Link pool of 
    customer segregated funds, and there is no shortfall in the Link 
    pool of customer segregated funds, customer net equity claims, 
    whether or not they arise out of the Link subclass of accounts, will 
    be combined and will be paid pro rata out of the total pool of 
    available Link and non-Link customer funds. In the event that there 
    is a shortfall in the Link pool of customer segregated funds, and 
    there is no shortfall in the non-Link pool of customer segregated 
    funds, customer net equity claims arising from the non-Link subclass 
    of accounts shall be satisfied from the non-Link customer segregated 
    funds, and customer net equity claims arising from the Link subclass 
    of accounts shall be paid from the Link customer segregated funds 
    (and, if applicable, any excess funds held by the FCM in segregation 
    in the U.S.). Furthermore, in the event that there is a shortfall in 
    both the non-Link and Link pools of customer segregated funds: (1) 
    If the non-Link shortfall as a percentage of the segregation 
    requirement in the non-Link pool is greater than or equal to the 
    Link shortfall as a percentage of the segregation requirement in the 
    Link pool, customer net equity claims will be paid pro rata; and (2) 
    if the Link shortfall as a percentage of the segregation requirement 
    in the Link pool is greater than the non-Link shortfall as a 
    percentage of the segregation requirement of the non-Link pool, non-
    Link customer net equity claims will be paid pro rata out of the 
    available non-Link segregated funds, and Link customer net equity 
    claims will be paid pro rata out of the available Link segregated 
    funds. In this way, non-Link customers would never be adversely 
    affected by a Link shortfall.\1\
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        \1\ Because Link property will be located offshore, it is 
    possible that such property could be frozen by governmental action 
    or become unavailable as the result of sovereign events. In that 
    situation, should such property subsequently become available, the 
    Link property account may acquire no greater distributional share 
    than Section 4d(2) (segregated funds) customers generally.
    ---------------------------------------------------------------------------
    
        The following examples illustrate the operation of this 
    distributional convention. The examples assume that the FCM has two 
    customers, one with exclusively Link accounts and one with 
    exclusively non-Link accounts. In practice, the FCM would have a 
    customer omnibus account with a LIFFE clearing member or would 
    itself be a LIFFE clearing member with its own customer omnibus 
    account. Positions in Designated CBT Contracts traded at LIFFE and 
    initially cleared by LCH would be allocated to this customer omnibus 
    account; following the transfer of the positions via the Link, the 
    FCM would allocate the positions and any gains or losses to its 
    customers' accounts. Accordingly, a customer who trades Designated 
    CBT Contracts at LIFFE may have the portion of his account which 
    reflects his activity in the customer omnibus account at LIFFE 
    deemed a Link account and the remainder of the account a non-Link 
    account. Effectively this will result in the customer having two 
    claims--one against Link property and one against non-Link 
    property.\2\
    ---------------------------------------------------------------------------
    
        \2\ Certain other property of the customers of the U.S. FCM also 
    will be treated as ``Link property'' and part of the Link account 
    for purposes of this Framework 2. In the case of Designated LIFFE 
    Contracts traded on CBT, property received by the U.S. FCM to 
    margin, guarantee or secure trades is included in the foreign 
    futures and foreign options secured amount, pursuant to Commission 
    Regulation 30.7. The Order approving the CBT/LIFFE Link permits 
    BOTCC to commingle certain foreign currency with a Section 4d(2) 
    account to permit certain property in excess of the required secured 
    amount to be used to meet original margin requirements for U.S. 
    contracts under Section 4d(2) of the Act. Such excess property held 
    in a ``combined'' account but applied to margin requirements for 
    U.S. contracts as Section 4d(2) property would also be ``Link 
    property'' under this Framework.
    
    ----------------------------------------------------------------------------------------------------------------
                                                   Non-link                           Link                  Total   
    ----------------------------------------------------------------------------------------------------------------
                             1. Sufficient Funds to Meet Non-Link and Link Customer Claims:                         
    ----------------------------------------------------------------------------------------------------------------
    Funds in segregation.............  150............................  150............................          300
    Segregation Requirement..........  150............................  150............................          300
    Shortfall (dollars)..............  0..............................  0..............................  ...........
    Shortfall (percent)..............  0..............................  0..............................  ...........
    Distribution.....................  150............................  150............................          300
                                                                                                                    
      There are adequate funds available, and both the non-Link and Link customer claims would be paid in full.     
    ----------------------------------------------------------------------------------------------------------------
                                             2. Shortfall in Non-Link Only:                                         
    ----------------------------------------------------------------------------------------------------------------
    Funds in segregation.............  100............................  150............................          250
    Segregation Requirement..........  150............................  150............................          300
    Shortfall (dollars)..............  50.............................  0..............................  ...........
    Shortfall (percent)..............  50/150=33.3....................  0..............................  ...........
    Pro Rata (percent)...............  150/300=50.....................  150/300=50.....................  ...........
    Pro Rata (dollars)...............  125............................  125............................  ...........
    Distribution.....................  125............................  125............................          250
                                                                                                                    
      Due to the non-Link account, there are insufficient funds available to meet both the non-Link and the Link    
    customer claims in full. Each customer will receive his or her pro rata share of the funds available, or 50% of 
    the $250 available, or $125.                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                               3. Shortfall in Link Only:                                           
    ----------------------------------------------------------------------------------------------------------------
    Funds in segregation.............  150............................  100............................          250
    Segregation Requirement..........  150............................  150............................          300
    Shortfall (dollars)..............  0..............................  50.............................  ...........
    Shortfall (percent)..............  0..............................  50/150=33.3....................  ...........
    Pro Rata (percent)...............  150/300=50.....................  150/300=50.....................  ...........
    Pro Rata (dollars)...............  125............................  125............................  ...........
    Distribution.....................  150............................  100............................          250
                                                                                                                    
    
    [[Page 31712]]
    
                                                                                                                    
      Due to the Link account, there are insufficient funds available to meet both the non-Link and Link Customer   
    claims in full. Accordingly, the Link funds and non-Link funds are treated as separate pools, and the non-Link  
    customer will be paid in full, receiving $150, while the Link customer would receive the remaining $100.        
    ----------------------------------------------------------------------------------------------------------------
                           4. Shortfall in Both, Link Shortfall Exceeding Non-Link Shortfall:                       
    ----------------------------------------------------------------------------------------------------------------
    Funds in segregation.............  125............................  100............................          225
    Segregation Requirement..........  150............................  150............................          300
    Shortfall (dollars)..............  25.............................  50.............................  ...........
    Shortfall (percent)..............  25/150=16.7....................  50/150=33.3....................  ...........
    Pro Rata (percent)...............  150/300=50.....................  150/300=50.....................  ...........
    Pro Rata (dollars)...............  112.50.........................  112.50.........................  ...........
    Distribution.....................  125............................  100............................          225
                                                                                                                    
      There are insufficient funds available to meet both the non-Link and Link customer claims in full, and the    
    Link shortfall exceeds the non-Link shortfall. The non-Link customer will receive $125 available with respect to
    non-Link claims while the Link customer will receive the $100 available with respect to the Link claims.        
    ----------------------------------------------------------------------------------------------------------------
                         5. Shortfall in Both, With Non-Link Shortfall Exceeding Link Shortfall:                    
    ----------------------------------------------------------------------------------------------------------------
    Funds in segregation.............  100............................  125............................          225
    Segregation Requirement..........  150............................  150............................          300
    Shortfall (dollars)..............  50.............................  25.............................  ...........
    Shortfall (percent)..............  50/150=33.3....................  25/150=16.7....................  ...........
    Pro Rata (percent)...............  150/300=50.....................  150/300=50.....................  ...........
    Pro Rata (dollars)...............  112.50.........................  112.50.........................  ...........
    Distribution.....................  112.50.........................  112.50.........................          225
                                                                                                                    
      There are insufficient funds available to meet both the non-Link and Link customer claims in full, and the non-
    Link shortfall exceeds the Link shortfall. Each customer would receive 50% of the $225 available, or $112.50.   
    ----------------------------------------------------------------------------------------------------------------
                                6. Shortfall in Both, Non-Link Shortfall=Link Shortfall:                            
    ----------------------------------------------------------------------------------------------------------------
    Funds in segregation.............  100............................  100............................          200
    Segregation Requirement..........  150............................  150............................          300
    Shortfall (dollars)..............  50.............................  50.............................  ...........
    Shortfall (percent)..............  50/150=33.3....................  50/150=33.3....................  ...........
    Pro Rata (percent)...............  150/300=50.....................  150/300=50.....................  ...........
    Pro Rata (dollars)...............  100............................  100............................  ...........
    Distribution.....................  100............................  100............................         200 
      There are insufficient funds available to meet both the non-Link and the Link customer claims in full, and the
    non-Link shortfall equals the Link shortfall. Each customer will receive 50% of the $200 available, or $100.    
    ----------------------------------------------------------------------------------------------------------------
       7. Shortfall in Link Account Caused by Freeze That is Subsequently Lifted, Where Non-Link Account Had Actual 
                       Shortfall But Link Account Did Not Subsequent to Lifting of Freeze Order:                    
    ----------------------------------------------------------------------------------------------------------------
    Funds in segregation.............  100............................  Frozen.........................          100
    Segregation Requirement..........  150............................  150............................          300
    Shortfall (dollars)..............  50.............................  150............................  ...........
    Shortfall (percent)..............  50/150=33.3....................  150/150=100....................  ...........
    Pro Rata (percent)...............  150/300=50.....................  150/300=50.....................  ...........
    Pro Rata (dollars)...............  50.............................  50.............................  ...........
    Initial Distribution.............  100............................  0..............................          100
    Freeze Lifted: Funds Previously    0..............................  150............................          150
     Frozen.                                                                                                        
    Subsequent Distribution..........  25.............................  125............................  ...........
    Total Distribution...............  125............................  125............................          250
                                                                                                                    
      Through the time of the initial distribution, this situation would follow the pattern of Example 4 because the
    shortfall in the Link account was larger. After the freeze was lifted, it would follow the pattern of Example 2 
    because the shortfall in the non-Link account was larger.                                                       
                                                                                                                    
       These examples illustrate the principle that Pro rata distribution across both accounts is the preferable    
    approach except when a shortfall in the Link account could harm non-Link customers. Thus, pro rata distribution 
    occurs in Examples 1, 2, 5 and 6. Separate treatment of the Link and non-Link accounts occurs in Examples 3 and 
    4. In Example 7, separate treatment occurs where the funds are frozen. It is adjusted to become pro rata        
    treatment after the freeze is lifted.                                                                           
    ----------------------------------------------------------------------------------------------------------------
    
    
    [[Page 31713]]
    
        Issued in Washington, D.C. on June 5, 1997 by the Commission.
    Jean A. Webb,
    Secretary of the Commission.
    [FR Doc. 97-15246 Filed 6-10-97; 8:45 am]
    BILLING CODE 6351-01-P
    
    
    

Document Information

Effective Date:
6/11/1997
Published:
06/11/1997
Department:
Commodity Futures Trading Commission
Entry Type:
Rule
Action:
Final rules.
Document Number:
97-15246
Dates:
June 11, 1997.
Pages:
31708-31713 (6 pages)
PDF File:
97-15246.pdf
CFR: (1)
17 CFR 190