ARTICLE
22 January 2020

FINRA Proposes Allowing Firms To Clear Certain Debt Transactions Internally

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
FINRA proposed amending Rule 11900 to provide an exception to the general requirement that a clearing firm must clear OTC transactions in corporate debt securities through a registered clearing agency.
United States Finance and Banking

FINRA proposed amending Rule 11900 ("Clearance of Corporate Debt Securities") to provide an exception to the general requirement that a clearing firm must clear OTC transactions in corporate debt securities through a registered clearing agency (i.e., the National Securities Clearing Corporation (the "NSCC")).

Under the proposal, where a clearing firm is clearing both the buy and sell side of the transaction, the clearing firm would be permitted to clear the transaction through bookkeeping transfers between the parties' accounts at the clearing firm without submitting the transaction to the NSCC for clearance.

FINRA filed the proposed rule change for immediate effectiveness; the change will become operative 30 days after filing. Comments must be submitted within 21 days of publication in the Federal Register.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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