13490 Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices 

8 15 U.S.C. 78q–1(b)(3)(F). 

9 15 U.S.C. 78s(b)(2). 

10 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). 

11 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2Securities Exchange Act Release No. 59387 

(February 11, 2009), 74 FR 7716. 

Section 17A(b)(3)(F).8 The Commission 

finds that the approval of DTC’s rule 

change is consistent with this section 

because it will not affect the 

safeguarding of funds or securities in 

DTC’s custody or control or for which 

it is responsible. 

DTC has requested that the 

Commission approve the proposed rule 

change prior to the thirtieth day after 

publication of the notice of the filing. 

The Commission finds good cause for 

approving the proposed rule change 

prior to the thirtieth day after the 

publication of notice because such 

approval will allow DTC to make the 

systems changes necessary to allocate to 

Participants these additional shares, 

along with the currently outstanding 

shares of Series A Preferred Stock, at the 

beginning of the second quarter of 2009 

in accordance with DTC’s Rule 4 

(Participants Fund and Participants 

Investment). 

V. Conclusion 

On the basis of the foregoing, the 

Commission finds the proposed rule 

change is consistent with the 

requirements of the Act, in particular 

Section 17A of the Act, and the rules 

and regulations thereunder. 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,9 that the 

proposed rule change (File No. SR– 

DTC–2009–06), as amended, be and 

hereby is approved on an accelerated 

basis.10

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–6827 Filed 3–26–09; 8:45 am] 

BILLING CODE 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59618; File No. SR–DTC– 

2009–04] 

Self-Regulatory Organizations; The 

Depository Trust Company; Order 

Approving Proposed Rule Change To 

Implement and Revise Fees Related to 

Non-Participant Services 

March 23, 2009. 

I. Introduction 

On January 16, 2009, The Depository 

Trust Company (‘‘DTC’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) proposed rule change 

SR–DTC–2009–04 pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’).1 Notice of the proposal 

was published in the Federal Register 

on February 19, 2009.2 The Commission 

received no comment letters in response 

to the proposed rule change. For the 

reasons discussed below, the 

Commission is approving the proposed 

rule change. 

II. Description 

DTC is revising its fee schedule for 

Security Position Reports (‘‘SPRs’’). An 

SPR is a report prepared by DTC 

showing for an issuer whose securities 

are eligible for DTC’s book entry 

services (1) the identity of each DTC 

participant having that issuer’s 

securities credited to its participant 

account (i.e., ‘‘security position’’) as of 

a selected date and (2) the quantity of 

securities so credited. DTC also 

provides SPR information to trustees 

and other authorized third-party agents. 

These entities typically need SPR 

information in order to properly 

conduct proxy, record date, and voting 

rights-related functions. 

Several types of SPRs are available: 

(1) Weekly reports that show daily 

closing positions during that week; (2) 

monthly reports that show closing 

positions on the last business day of the 

month; (3) quarterly dividend record 

date reports that show closing positions 

on the dividend record date; and (4) 

special requests that show closing 

positions for the date specified. Weekly, 

monthly, and quarterly record date 

reports are available by annual 

subscription only. 

DTC charges a fee for each SPR and 

offers discounts for high volume SPR 

service users. 

Currently, the fees charged to issuers 

or trustees for SPRs are as follows: 

Report/item Fee 

Weekly Report (one-year minimum subscription required) $1950 per year for the first security issue. 

$575.00 per year for each additional security for the same issuer. 

Monthly Report (one-year minimum subscription required) $450.00 per year for the first security issue. 

$225.00 per year for each additional security for the same issuer. 

Dividend Record Date Report (one-year minimum subscription required).$150 per year. 

Special Requests ............................................................... $120.00 per report, per date request. 

Fax ..................................................................................... $25.00 additional per report charge when fax service is specifically requested. 

Spreadsheet ....................................................................... $25.00 additional per report charge when spreadsheet is specifically requested. 

Extra Copy ......................................................................... $25.00 additional fee for the reproduction of previously compiled SPR information. 

Fax, spreadsheet and extra copy 

charges are currently billed in addition 

to subscription and special request 

charges. DTC has proposed to improve 

processing efficiencies by eliminating 

the separate billing of fax, spreadsheet, 

and extra copy charges for weekly 

reports, monthly reports, and for 

dividend record date reports and by 

incorporating the cost of delivering 

those ‘‘additional’’ services into the 

subscription charge for the particular 

report ordered. Fees for special requests, 

including fax, spreadsheet, and extra 

copy charges will remain unchanged. 

The revised SPR fees being adopted 

by DTC are as follows: 

Report/item Fee 

Weekly Report (one-year minimum subscription required) $1950 per year for the first security issue, plus a one time charge of $1400 per additional copy/recipient for that security issue. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices 13491 

3 15 U.S.C. 78q–1(b)(3)(D). 

4 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3A person is subject to statutory disqualification 

under Section 15(b)(4)(D) of the Exchange Act if the 

person has: 

* * * willfully violated any provision of the 

Securities Act of 1933, the Investment Advisers Act 

of 1940, the Investment Company Act of 1940, the 

Commodity Exchange Act, [the Exchange Act], the 

rules or regulations under any of such statutes, or 

the rules of the Municipal Securities Rulemaking 

Board, or is unable to comply with any such 

provision. 

Continued 

Report/item Fee 

$575.00 per year for each additional security for the same issuer, plus a one time 

charge of $575 per additional copy/recipient. 

Monthly Report (one-year minimum subscription required) $450.00 per year for the first security issue, plus a one time charge of $300 per additional copy/recipient for that security issue. 

$225.00 per year for each additional security for the same issuer, plus a one time 

charge of $225 per additional copy/recipient. 

Dividend Record Date Report (one-year minimum subscription required).$150 per year; one year minimum subscription required, plus a one time charge of 

$150 per additional copy/recipient for that security issue. 

Special Requests ............................................................... $120.00 per report, per date request. 

Special Requests—Fax ...................................................... $25.00 additional per report charge when fax service is specifically requested. 

Special Requests—Spreadsheet ....................................... $25.00 additional per report charge when spreadsheet is specifically requested. 

Special Requests—Extra Copy .......................................... $25.00 additional fee for the reproduction of previously compiled SPR information. 

III. Discussion 

Section 19(b) of the Act 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)(D) 

of the Act requires that the rules of a 

clearing agency provide for the 

equitable allocation of reasonable dues, 

fees, and other charges.3 The 

Commission believes that DTC’s rule 

change is consistent with this Section 

because it will provide for the equitable 

allocation of reasonable dues, fees, and 

other charges among the users of DTC’s 

services. 

IV. Conclusion 

On the basis of the foregoing, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of the Act and in 

particular Section 17A of the Act and 

the rules and regulations thereunder. In 

approving the proposed rule change, the 

Commission considered the proposal’s 

impact on efficiency, competition, and 

capital formation. 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act, that the 

proposed rule change (File No. SR– 

DTC–2009–04) be and hereby is 

approved. 

For the Commission by the Division of 

Trading and Markets, pursuant to delegated 

authority.4

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–6832 Filed 3–26–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59616; File No. SR–FINRA– 

2009–008] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Filing of 

Proposed Rule Change Relating to 

Proposed Changes to Forms U4 and 

U5 

March 20, 2009. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on March 6, 

2009, Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) (f/k/a 

National Association of Securities 

Dealers, Inc. (‘‘NASD’’)) filed with the 

Securities and Exchange Commission 

(‘‘SEC’’ or ‘‘Commission’’) the proposed 

rule change as described in Items I, II 

and III below, which Items have been 

prepared by FINRA. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

FINRA is proposing to amend the 

Uniform Application for Securities 

Industry Registration or Transfer (‘‘Form 

U4’’) and the Uniform Termination 

Notice for Securities Industry 

Registration (‘‘Form U5’’) as well as 

FINRA Rule 8312 (FINRA BrokerCheck 

Disclosure). 

The text of the proposed rule change 

is available on FINRA’s Web site at 

http://www.finra.org, at the principal 

office of FINRA and at the 

Commission’s Public Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

FINRA 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. FINRA 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 

1. Purpose 

Representatives of broker-dealers and 

investment advisers must use Form U4 

to become registered in the appropriate 

jurisdictions and/or with appropriate 

self-regulatory organizations (‘‘SROs’’). 

Broker-dealers and investment advisers 

must use Form U5 to terminate 

registration of an individual in the 

various SROs and jurisdictions. (Forms 

U4 and U5 are together referred to as the 

‘‘Forms’’). 

As discussed in greater detail below, 

the proposed rule change would: 

• Revise questions on the Forms to 

enable FINRA and other regulators to 

identify more readily individuals and 

firms (collectively referred to as 

‘‘persons’’) subject to statutory 

disqualification pursuant to Section 

15(b)(4)(D) or (E) of the Exchange Act 

(referred to as ‘‘willful violations’’).3

mstockstill on PROD1PC66 with NOTICES