96-17666. Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Confirmation, Clearance, and Settlement of Transactions with Customers and ...  

  • [Federal Register Volume 61, Number 134 (Thursday, July 11, 1996)]
    [Notices]
    [Pages 36594-36595]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-17666]
    
    
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    SECURITIES AND EXCHANGE COMMISSION
    [Release No. 34-37397; File No. SR-MSRB-96-03]
    
    
    Self-Regulatory Organizations; Municipal Securities Rulemaking 
    Board; Notice of Filing and Immediate Effectiveness of Proposed Rule 
    Change Relating to the Confirmation, Clearance, and Settlement of 
    Transactions with Customers and Calculations for Confirmation Display
    
    July 2, 1996.
        Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
    \1\ (``Act''), notice is hereby given that on May 29, 1996, the 
    Municipal Securities Rulemaking Board (``MSRB'') filed with the 
    Securities and Exchange Commission (``Commission'') the proposed rule 
    change as described in Items I, II, and III below, which Items have 
    been prepared primarily by the MSRB. The Commission is publishing this 
    notice to solicit comments on the proposed rule change from interested 
    persons.
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        \1\ 15 U.S.C. Sec. 78s(b)(1) (1988).
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    I. Self-Regulatory Organization's Statement of the Terms of Substance 
    of the Proposed Rule Change
    
        The MSRB proposes to amend MSRB rule G-15 regarding confirmation, 
    clearance, and settlement of transactions with customers, and MSRB rule 
    G-33 regarding calculations for confirmation display.
    
    II. Self-Regulatory Organization's Statement of the Purpose of, and 
    Statutory Basis for, the Proposed Rule Change
    
        In its filing with the Commission, the MSRB 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. The MSRB has prepared summaries, set forth in sections 
    (A), (B), and (C) below, of the most significant aspects of such 
    statements.\2\
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        \2\ The Commission modified the text of the summaries prepared 
    by the MSRB.
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    (A) Self-Regulatory Organization's Statement of the Purpose of and 
    Statutory Basis for, the Proposed Rule Change
    
        Recently, the MSRB amended rule G-15(a) regarding customer 
    confirmations to clarify the customer confirmation requirements and to 
    revise certain requirements regarding disclosure.\3\ To clarify certain 
    provisions of the rule, a limited set of technical amendments became 
    effective February 26, 1996.\4\
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        \3\ For a complete description of the rule change, refer to 
    Securities Exchange Act Release No. 35953 (July 11, 1995), 60 FR 
    36843 [File No. SR-MSRB-95-04] (order approving proposed rule change 
    by the MSRB relating to customer confirmations).
        \4\ Securities Exchange Act Release No. 36596 (December 15, 
    1995), 60 FR 66571 [File No. SR-MSRB-95-18] (notice of filing and 
    immediate effectiveness of proposed rule change relating to customer 
    confirmations).
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        The MSRB has identified a need for two additional technical 
    amendments to clarify certain provisions of the rule. First, revised 
    rule G-15(a)(i)(C)(2)(a) requires dealers to disclose on the 
    confirmation the date and price of the next pricing call.\5\ The 
    provision also requires dealers to print a legend on the confirmation 
    regarding additional call features if there are any call features in 
    addition to the first pricing call. The MSRB's proposal changes the 
    reference from the ``first pricing call'' to the ``next pricing call'' 
    to maintain consistency of terms and to avoid confusion. Since a 
    municipal security traded in the secondary market may be traded after 
    the first pricing call, the term next pricing call more clearly 
    identifies the call to be disclosed on the confirmation.
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        \5\ MSRB rule G-15 defines pricing call as a call feature that 
    represents an ``in-whole call'' (i.e., a call of the entire issue) 
    that may be used by the issuer without restriction in a refunding.
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        The second proposed technical amendment concerns the requirement in 
    rule G-15(a)(i)(D)(1) to provide a three-part disclosure statement for 
    zero coupon bonds. The rule currently states that the confirmation for 
    zero coupon bonds shall include a statement that there are no periodic 
    payments and that the bond is callable below maturity value without 
    notice by mail to the holder unless registered. The proposed rule 
    change makes clear that the last part of the disclosure statement 
    regarding call provisions for bearer bonds is necessary on confirmation 
    only if the bonds are both callable and available in bearer form.
        The proposed rule change also updates references to revised rule G-
    15(a) that are contained in rule G-15(c) regarding deliveries to 
    customers and that are contained in rule G-33
    
    [[Page 36595]]
    
    regarding certain calculations for confirmation display.\6\
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        \6\ The specific changes being made to the MSRB's rules are set 
    forth in the MSRB's proposed rule change, which is available through 
    the MSRB or the Commission's Public Reference Room.
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        The MSRB has adopted the proposed rule change pursuant to Section 
    15B(b)(2)(C) of the Act,\7\ which requires that the MSRB's rules be 
    designed to prevent fraudulent and manipulative acts and practices, to 
    promote just and equitable principles of trade, to foster cooperation 
    and coordination with persons engaged in regulating, clearing, 
    settling, processing information with respect to, and facilitating 
    transactions in municipal securities, to remove impediments to and 
    perfect the mechanism of a free and open market in municipal 
    securities, and, in general, to protect investors and the public 
    interest.
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        \7\ 15 U.S.C. Sec. 780-(b)(2)(C) (1988).
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    (B) Self-Regulatory Organization's Statement on Burden on Competition
    
        The MSRB does not believe that the proposed rule change will impose 
    any burden on competition not necessary or appropriate in furtherance 
    of the purposes of the Act.
    
    (C) Self-Regulatory Organization's Statements on Comments on the 
    Proposed Rule Change Received From Members, Participants or Others
    
        Written comments were neither solicited nor received.
    
    III. Date of Effectiveness of the Proposed Rule Change and Timing for 
    Commission Action
    
        The foregoing rule change has become effective pursuant to Section 
    19(b)(3)(A)(iii) \8\ of the Act and pursuant to Rule 19b-4(e)(6) \9\ 
    promulgated thereunder because the proposed rule change (i) does not 
    significantly affect the protection of investors or the public 
    interest; (ii) does not impose any significant burden on competition; 
    (iii) was provided to the Commission for its review at least five days 
    prior to the filing date; and (iv) does not become operative for thirty 
    days from the date of its filing on May 29, 1996. The Commission 
    believes that the proposed rule change does not significantly affect 
    the protection of investors or the public interest and does not impose 
    any significant burden on competition because it makes technical and 
    clarifying changes to an existing MSRB rule. At any time within sixty 
    days of the filing of such rule change, the Commission may summarily 
    abrogate such rule change if it appears to the Commission that such 
    action is necessary or appropriate in the public interest, for the 
    protection of investors, or otherwise in furtherance of the purposes of 
    the Act.
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        \8\ 15 U.S.C. Sec. 78s(b)(3)(A)(iii) (1988).
        \9\ 17 CFR 240.19b-4(e)(6) (1995).
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    IV. Solicitation of Comments
    
        Interested persons are invited to submit written data, views, and 
    arguments concerning the foregoing. 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. 
    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. Sec. 552, will be available for inspection and copying in 
    the Commission's Public Reference Room, 450 Fifth Street, N.W., 
    Washington, D.C. 20549. Copies of such filing will also be available 
    for inspection and copying at the principal office of the MSRB. All 
    submissions should refer to File No. SR-MSRB-96-03 and should be 
    submitted by August 1, 1996.
    
        For the Commission by the Division of Market Regulation, 
    pursuant to delegated authority.\10\
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        \10\ 17 CFR 200.30-3(a)(12) (1995).
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    Jonathan G. Katz,
    Secretary.
    [FR Doc. 96-17666 Filed 7-10-96; 8:45 am]
    BILLING CODE 8010-01-M
    
    
    

Document Information

Published:
07/11/1996
Department:
Securities and Exchange Commission
Entry Type:
Notice
Document Number:
96-17666
Pages:
36594-36595 (2 pages)
Docket Numbers:
Release No. 34-37397, File No. SR-MSRB-96-03
PDF File:
96-17666.pdf