ARTICLE
10 May 2017

SEC Adopts T+2 Settlement Cycle For Securities Transactions

AO
A&O Shearman

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A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
On 22 March 2017, the SEC adopted a rule amendment to shorten by one business day the standard settlement cycle for most broker-dealer securities transactions following the trade date.
United States Corporate/Commercial Law

On 22 March 2017, the SEC adopted a rule amendment to shorten by one business day the standard settlement cycle for most broker-dealer securities transactions following the trade date. The current settlement cycle of three business days, known as T+3, will thus be shortened to two business days, i.e. T+2. This will bring the US settlement cycle in line with most markets in Europe that have already moved to a T+2 settlement cycle.

Express agreements between parties to a transaction to vary the standard settlement cycle will still be permitted. This change will apply the T+2 settlement cycle to the same transactions currently covered by the T+3 settlement cycle, which includes transactions for stocks, bonds, exchange-traded funds, municipal securities and certain mutual funds.

The amended rule is designed to enhance efficiency, to prevent market and liquidity risk arising from unsettled securities trades, and ensure a coordinated and expeditious transition by market participants to a shortened standard settlement cycle. Compliance with the amended rule by broker-dealers will be required beginning on 5 September 2017. The SEC further stated that T+1 and end-of-day settlement cycles may be considered in the future.

For further detail, see the SEC's press release at:

https://www.sec.gov/news/press-release/2017-68-0

Our related client publication is available at:

http://www.shearman.com/en/newsinsights/publications/2017/03/sec-adopts-t2-settlement-cycle-for-exhibits

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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