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Treatment of Clearing Corporation Stock For Capital Purposes

Commencing with the realignment of The Clearing Corporation on October 23, 2003, the Division of Clearing and Intermediary Oversight ("DCIO") of the Commodity Futures Trading Commission ("CFTC") provided guidelines with respect to the treatment of Clearing Corporation Stock. To further clarify the CFTC's position, the Joint Audit Committee ("JAC") has provided a regulatory update clarifying Clearing Corporation stock treatment on the balance sheet and for regulatory capital purposes. The key elements of the CFTC and subsequent JAC guidelines include:

1) Clearing Corporation stock is to be valued at book value for regulatory capital purposes subject to a haircut equal to the greater of: (i) 15 percent; or (ii) 100 percent minus the ratio of liquid assets to total assets as determined by the Clearing Corporation.

2) Only those shares pledged to the Clearing Corporation Guaranty Fund are allowable for capital and may be reported as current on the balance sheet. As such:

(i) FCMs should reflect Guaranty Fund shares within 1-FR line 5.C., Box 1150 (Receivables From and Deposits With U.S. Commodity Clearing Organizations - Guarantee Deposits). The valuation adjustment from balance sheet cost to book value less applicable haircuts should be reflected within Capital Computation line 2, Box 3010 (Increase/Decrease To U.S. Clearing Organization Stock).

(ii) Broker-Dealers should reflect Guaranty Fund shares in Focus II line 3.D.2., Box 290 (Receivables From Brokers or Dealers and Clearing Organizations - Clearing Organizations - Other). Broker-Dealers should continue to reflect the valuation adjustment from balance sheet cost to book value less applicable haircuts within the Capital Computation location consistent with the firm's prior clearing organization stock adjustments.

3) Any shares not held within the Clearing Corporation's Guaranty Fund are to be reported as non-current on the balance sheet. FCMs should reflect non-current shares within 1FR line 3.D., box 1105, Securities-Stock In Clearing Organization. Broker-Dealers should reflect non-current shares within Focus II line 8.B., box 610, Securities Owned Not Readily Marketable. Such shares are non-allowable assets. No capital increase or capital charge is applicable for shares held outside the Guaranty Fund.

 

 
 
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