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ACSDA VIII GENERAL ASSEMBLY MARCH 31, 2006
Larry Thompson Managing Director and General Counsel of The Depository Trust & Clearing Corporation
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DTCC’S EXPERIENCE WITH REFCO SECURITIES LLC
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DTCC—BACKGROUND DTCC—Holding Company
DTCC’s depository—The Depository Trust Company (DTC) DTCC’s other subsidiaries Fixed Income Clearing Corporation (FICC) National Securities Clearing Corporation (NSCC) Other subsidiaries (e.g., DerivServ LLC)
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DTCC’S RELATIONSHIP WITH REFCO
Refco Securities LLC (Refco) Regulated by the SEC and NASD Registered broker-dealer Member of DTC, FICC (both Divisions) and NSCC Must maintain minimum financial standards Open positions at all 3 Collateral deposited at all 3 to support activity
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THE REFCO EXPERIENCE October 10, 2005 news story
Related to Refco Inc, an affiliate of the DTCC member NOT the member itself
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THE REFCO EXPERIENCE—cont’d
Significance of regulated entity Loss of market confidence in all Refco entities Firm determines to wind down in an orderly fashion
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THE REFCO EXPERIENCE—cont’d
Significant role of the DTCC clearing agencies Information providers and market facilitators Wind-down of significant activity Preparation for ceasing to act, if necessary
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THE REFCO EXPERIENCE—cont’d
Communications to clearing agencies’ memberships Communications with Regulators, the firm’s settling bank and other clearing corporations
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THE REFCO EXPERIENCE—cont’d
Voluntary termination of DTCC memberships No loss to DTCC members
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THE REFCO EXPERIENCE—cont’d
Lessons learned Rule changes Special collateral premium example
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