Self-Regulatory Organization; Stock Clearing Corporation of Philadelphia; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Provide for a Thirty-Three Percent Discount on Service Fees for the Period of November 29, 1993, to December 31, 1993
Federal RegisterFeb 15, 1994
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-33600; File No. SR-SCCP-93-05]
Self-Regulatory Organization; Stock Clearing Corporation of
Philadelphia; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change to Provide for a Thirty-Three Percent Discount on Service
Fees for the Period of November 29, 1993, to December 31, 1993
February 8, 1994.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on December 21, 1993, the
Stock Clearing Corporation of Philadelphia (``SCCP'') 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 SCCP, a self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change form interested persons.
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\1\15 U.S.C. 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 proposed rule change provides a discount of thirty-three
percent for SCCP service fees for the billing period of November 29,
1993, to December 31, 1993. The discount applies to all SCCP service
fees.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, SCCP 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. SCCP has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of such statements.
(A) Self-Regulatory Organization's Statement of the Purpose of and
Statutory Basis for, the Proposed Rule Change
SCCP seeks to discount by thirty-three percent all service fees
charged by SCCP to its participants for the period of November 27,
1993, to December 31, 1993, which is SCCP's final billing cycle for
1993. The discount is being provided in anticipation of continued
record trading volume and related net revenues being achieved by SCCP
through December.
The proposed thirty-three percent discount will apply to all
service fees billable in December 1993, which will include all
transaction related fees. The discount will not apply to fees that are
not service related such as margin account interest, draft fees, and
fees associated with the signature guarantee program or the lost and
stolen securities program.
SCCP states that the proposed rule change is consistent with
section 17A of the Act\2\ and particularly with Section 17A(b)(3)(D) of
the Act\3\ in that it provides for the equitable allocations of
reasonable dues, fees, and other charges among participants.
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\2\15 U.S.C. 78q-1 (1988).
\3\15 U.S.C. 78q-1(b)(3)(D) (1988).
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(B) Self-Regulatory Organization's Statement on Burden on Competition
SCCP believes that the proposed rule change will neither have any
impact nor impose any burden on competition.
(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received from Members, Participants or Others
SCCP has neither solicited nor received comments on the proposed
rule change.
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)(ii) of the Act\4\ and Rule 19b-4(e)(2) thereunder\5\
because the proposal establishes or changes a due, fee, or other
charge. At any time within sixty days of the filing of the proposed
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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\4\15 U.S.C. 78s(b)(A)(ii) (1988).
\5\17 CFR 240.19b-4(e)(4) (1993).
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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 NW., Washington, DC 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. 552, will be available for inspection and copying in the
Commission's Public Reference Section, 450 Fifth Street NW.,
Washington, DC 20549. Copies of such filing will also be available for
inspection and copying at the principal office of SCCP. All submissions
should refer to File No. SR-SCCP-93-05 and should be submitted by March
8, 1994.
For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\6\
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\6\17 CFR 200.30-3(a)(12) (1993).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 94-3481 Filed 2-14-94; 8:45 am]
BILLING CODE 8010-01-M
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