Notice2026-18278
Notice pursuant to Rule 15c3-3a, Note H(b)(3) Regarding Application of the Customer Protection Rule Reserve Computations With Respect to U.S. Treasury Securities
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 9, 2026
Issuing agencies
Securities and Exchange Commission
Abstract
The Securities and Exchange Commission ("Commission") is publishing notice that broker-dealers may include a debit in the customer protection rule reserve computations when depositing cash, U.S. Treasury securities, and/or qualified customer securities to meet a margin requirement of ICE Clear Credit LLC ("ICC") resulting from positions in U.S. Treasury securities of the customers of the broker- dealer.
Full Text
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<title>Federal Register, Volume 91 Issue 173 (Wednesday, September 9, 2026)</title>
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[Federal Register Volume 91, Number 173 (Wednesday, September 9, 2026)]
[Notices]
[Pages 57406-57407]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18278]
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SECURITIES AND EXCHANGE COMMISSION
[Release No.: 34-106267]
Notice pursuant to Rule 15c3-3a, Note H(b)(3) Regarding
Application of the Customer Protection Rule Reserve Computations With
Respect to U.S. Treasury Securities
AGENCY: Securities and Exchange Commission.
ACTION: Notice.
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SUMMARY: The Securities and Exchange Commission (``Commission'') is
publishing notice that broker-dealers may include a debit in the
customer protection rule reserve computations when depositing cash,
U.S. Treasury securities, and/or qualified customer securities to meet
a margin requirement of ICE Clear Credit LLC (``ICC'') resulting from
positions in U.S. Treasury securities of the customers of the broker-
dealer.
FOR FURTHER INFORMATION CONTACT: Raymond Lombardo, Acting Associate
Director; Sheila Dombal Swartz, Senior Special Counsel, or Abraham
Jacob, Special Counsel, at (202) 551-5500, Office of Broker-Dealer
Finances, Division of Trading and Markets; Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-7010.
SUPPLEMENTARY INFORMATION:
I. Background
On December 13, 2023, the Commission adopted rules under the
Securities Exchange Act of 1934 (``Exchange Act'') to amend the
standards applicable to covered clearing agencies for U.S. Treasury
securities (``U.S. Treasury securities CCAs'') to enhance risk
management practices for central counterparties in the U.S. Treasury
market and facilitate additional clearing of U.S. Treasury securities
transactions.\1\ The Commission also amended the formula for computing
reserve account requirements under the broker-dealer customer
protection rule.\2\ The amendments to the formula--which are set forth
in Rule 15c3-3a--permit margin required and on deposit with a U.S.
Treasury securities CCA to be included as a debit when computing
reserve requirements with respect to customers and proprietary accounts
of broker-dealers (``PAB''), subject to certain conditions.\3\ In
particular, the amendments added Item 15 to the customer and PAB
reserve computations on which to record the value of the debit and
prescribed conditions--set forth in Note H to Item 15--for including
the debit in the formulas.\4\ Each of the conditions in Note H needs to
be met for a broker-dealer to include a debit equal to the amount of
customer or PAB account holder margin required and on deposit at the
U.S. Treasury securities CCA.\5\
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\1\ See Standards for Covered Clearing Agencies for U.S.
Treasury Securities and Application of the Broker-Dealer Customer
Protection Rule With Respect to U.S. Treasury Securities, Exchange
Act Release No. 99149 (Dec. 13, 2023), 89 FR 2714 (Jan. 16, 2024)
(``Treasury Clearing Release'').
\2\ See Treasury Clearing Release, 89 FR at 2760-68. See also 17
CFR 240.15c3-3a (the formula for computing reserve requirements
under the customer protection rule) (``Rule 15c3-3a''); 17 CFR
240.15c3-3 (the customer protection rule) (``Rule 15c3-3''). Rule
15c3-3 requires a broker-dealer to compute the net amount of cash
owed to customers and PAB account holders under a formula in Rule
15c3-3a (``customer and PAB reserve computations''). Generally,
broker-dealers must perform their customer and PAB reserve
computations and make any required deposits in a special reserve
account at a bank weekly or daily. See paragraph (e)(3) to Rule
15c3-3.
\3\ See Treasury Clearing Release, 89 FR at 2760-68.
\4\ See id. The amendments also modified Note B to Item 2 of the
customer and PAB reserve computations to provide that this item in
the reserve computations must include as a credit the market value
of customers' and PAB account holders' securities on deposit at a
U.S. Treasury CCA. See id. at 2761.
\5\ See Treasury Clearing Release, 89 FR at 2760-68.
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Certain of the conditions in Note H require the broker-dealer to
take a number of steps with respect to the customer and PAB account
holder margin in its custody.\6\ Other conditions provide that the U.S.
Treasury securities CCA that will receive the customer or PAB account
holder margin from the broker-dealer must have adopted rules--approved
by the Commission--that require it to take certain steps with respect
to calculating margin requirements and handling customer and PAB
account holder margin received from the broker-dealer.\7\ The
requirements of Note H are designed to permit the inclusion of the
debit in the customer and PAB reserve computations under conditions
that ``provide maximum protection'' to the broker-dealer's customers
and PAB account holders and that do not diminish the customer
protection objectives of Rules 15c3-3 and 15c3-3a.\8\
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\6\ See Rule 15c3-3a, Note H(a) and (b)(1).
\7\ See Rule 15c3-3a, Note H(b)(2).
\8\ See Treasury Clearing Release, 89 FR at 2760.
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Paragraph (b)(3) to Note H sets forth the final condition: that the
Commission has approved rules of the U.S. Treasury securities CCA that
meet the conditions of Note H and has published (and not subsequently
withdrawn) a notice that broker-dealers may include a debit in the
customer and/or PAB reserve computations when depositing cash, U.S.
Treasury securities, and/or qualified customer securities to meet a
margin requirement of the U.S. Treasury securities CCA resulting from
positions in U.S. Treasury securities of the customers or PAB account
holders of the broker-dealer.\9\ The Commission stated that its staff
would analyze the U.S. Treasury securities CCA's approved rules and
practices regarding the treatment of customer position margin and make
a recommendation as to whether they adequately implement the customer
protection objectives of the conditions set forth in Note H.\10\ If
satisfied with the staff's recommendation, the Commission stated it
will publish a positive notice.
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\9\ See Rule 15c3-3a, Note H(b)(3).
\10\ See Treasury Clearing Release, 89 FR at 2768.
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II. Notice
On August 1, 2025, ICC filed with the Commission an application on
Form CA-1 under section 17A of the Exchange Act \11\ seeking to
register as a clearing agency to provide central counterparty clearing
services with respect to secondary cash market transactions and
repurchase and reverse repurchase transactions in U.S. Treasury
securities.\12\ On January 30, 2026, the Commission approved ICC's
application.\13\ ICC's application, among other things, included rules,
and policies and procedures to address the conditions of Note H of the
customer and PAB reserve computations set forth in Rule 15c3-3a. On
July 24, 2026, the Division of Trading and Markets, pursuant to
delegated authority, approved proposed rule change SR-ICC-2026-002
(``ICC rule change'').\14\
[[Page 57407]]
The ICC rule change makes, among other changes, certain modifications
to its rulebook regarding the conditions of Note H of the customer and
PAB reserve computations set forth in Rule 15c3-3a. The staff has
analyzed ICC's rules, as well as the changes made pursuant to the ICC
rule change, and made a recommendation to the Commission that they
adequately implement the customer protection objectives of the
conditions set forth in Note H.
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\11\ 15 U.S.C. 78q-1.
\12\ See Notice of Filing of an Application for Registration as
a Clearing Agency Under section 17A of the Securities Exchange Act
of 1934, Exchange Act Release No. 103727 (Aug. 18, 2025), 90 FR
40879 (Aug. 21, 2025).
\13\ Order Granting an Application for Registration as a
Clearing Agency under section 17A of the Securities Exchange Act of
1934, Exchange Act Release No. 104762 (Jan. 30, 2026), 91 FR 5528
(Feb. 6, 2026).
\14\ Order Approving Proposed Rule Change Relating to the
Treasury Clearing Rules and Treasury Clearing Service Treasury
Operations Policies and Liquidity Risk Management Framework,
Exchange Act Release No. 105986 (Jul. 24, 2026), 91 FR 47864 (Jul.
29, 2026).
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Accordingly, the Commission is publishing this notice to advise
broker-dealers that they may include a debit in their customer and/or
PAB reserve computations when depositing cash, U.S. Treasury
securities, and/or qualified customer securities to meet a margin
requirement of ICC resulting from positions in U.S. Treasury securities
of the customers of the broker-dealer.\15\ Any changes to the relevant
ICC rules and practices that would undermine these customer protection
objectives could result in the Commission withdrawing this notice, at
which point a broker-dealer could no longer include the debit in the
customer and/or PAB reserve computations.
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\15\ See supra note 5 and accompanying text (discussing Note H
conditions).
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By the Commission.
Dated: September 3, 2026.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-18278 Filed 9-8-26; 8:45 am]
BILLING CODE 8011-01-P
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</html>Indexed from Federal Register on September 9, 2026.
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