DTCC Governance Larry Thompson, Managing Director and General Counsel October 8, 2007 DTCC Confidential DTCC Corporate Structure The Depository Trust & Clearing Corporation (DTCC) National Securities Clearing Corporation (NSCC) The.

Download Report

Transcript DTCC Governance Larry Thompson, Managing Director and General Counsel October 8, 2007 DTCC Confidential DTCC Corporate Structure The Depository Trust & Clearing Corporation (DTCC) National Securities Clearing Corporation (NSCC) The.

Slide 1

DTCC Governance

Larry Thompson, Managing Director and General Counsel
October 8, 2007
DTCC Confidential

DTCC Corporate Structure
The Depository Trust & Clearing Corporation
(DTCC)

National Securities
Clearing Corporation
(NSCC)

The Depository Trust
Company
(DTC)

DERIV/SERV

Fixed Income
Clearing Corporation
(FICC)

Government Securities
Division
(GSD)

EuroCCP

DTC
Solutions
LLC

Mortgage Backed
Securities Division
(MBSD)
DTCC

Thomson Financial

50%

50%
Omgeo

DTCC Confidential

Corporate Structure and
Governance
• DTCC – holding company for registered clearing agency
and non-clearing agency subsidiaries
• Clearing agencies
– Functions requiring registration as a clearing agency

– Comprehensive regulation: rules changes subject to
publication for comment and approval by SEC
– Non-clearing agency subsidiaries

• Separate entities for legal and regulatory purposes

DTCC Confidential

Corporate Structure and
Governance
• Regulatory status of DTCC, the holding company
• Exchange Act requirement for “fair representation” of clearing
agency users – implementation in allocation of rights/
obligations to purchase shares and right of shareholders to
vote in election of directors
• 2006 changes in common share ownership

DTCC Confidential

Board Committee Structure
DTCC/DTC/NSCC/FICC
Board of Directors

Compliance and
Operational Risk
Management
Committee

Executive
Committee

Audit
Committee

Compensation/
HR Committee

Market and
Credit Risk
Management
Committee

Note: Audit, Compensation and

Governance Committees all must be
composed of “independent” members.
DTCC Confidential

(Proposed) Core
Services
Operations and
Planning
Committee

Governance
Committee

OTC Derivatives
Operations and
Planning
Committee

(Proposed)
International Services
Operations and
Planning Committee

Board And Committee Structure
• Board size
• Two directors selected by DTCC preferred
shareholders (NYSE and NASD)

• Remaining directors elected by common
shareholders; slate includes two management
directors

• DTCC directors elected as directors of DTC,
NSCC and FICC; Omgeo has its own
management and Board of Directors
DTCC Confidential

Board And Committee
Structure
• Board committees
– Roles of Audit, Compliance and Operational Risk
Management and Credit and Market Risk Management
Committees
– Fair representation – implementation in selection of
non-director members of certain committees
– Other qualifications of non-director committee
members

DTCC Confidential


Slide 2

DTCC Governance

Larry Thompson, Managing Director and General Counsel
October 8, 2007
DTCC Confidential

DTCC Corporate Structure
The Depository Trust & Clearing Corporation
(DTCC)

National Securities
Clearing Corporation
(NSCC)

The Depository Trust
Company
(DTC)

DERIV/SERV

Fixed Income
Clearing Corporation
(FICC)

Government Securities
Division
(GSD)

EuroCCP

DTC
Solutions
LLC

Mortgage Backed
Securities Division
(MBSD)
DTCC

Thomson Financial

50%

50%
Omgeo

DTCC Confidential

Corporate Structure and
Governance
• DTCC – holding company for registered clearing agency
and non-clearing agency subsidiaries
• Clearing agencies
– Functions requiring registration as a clearing agency

– Comprehensive regulation: rules changes subject to
publication for comment and approval by SEC
– Non-clearing agency subsidiaries

• Separate entities for legal and regulatory purposes

DTCC Confidential

Corporate Structure and
Governance
• Regulatory status of DTCC, the holding company
• Exchange Act requirement for “fair representation” of clearing
agency users – implementation in allocation of rights/
obligations to purchase shares and right of shareholders to
vote in election of directors
• 2006 changes in common share ownership

DTCC Confidential

Board Committee Structure
DTCC/DTC/NSCC/FICC
Board of Directors

Compliance and
Operational Risk
Management
Committee

Executive
Committee

Audit
Committee

Compensation/
HR Committee

Market and
Credit Risk
Management
Committee

Note: Audit, Compensation and

Governance Committees all must be
composed of “independent” members.
DTCC Confidential

(Proposed) Core
Services
Operations and
Planning
Committee

Governance
Committee

OTC Derivatives
Operations and
Planning
Committee

(Proposed)
International Services
Operations and
Planning Committee

Board And Committee Structure
• Board size
• Two directors selected by DTCC preferred
shareholders (NYSE and NASD)

• Remaining directors elected by common
shareholders; slate includes two management
directors

• DTCC directors elected as directors of DTC,
NSCC and FICC; Omgeo has its own
management and Board of Directors
DTCC Confidential

Board And Committee
Structure
• Board committees
– Roles of Audit, Compliance and Operational Risk
Management and Credit and Market Risk Management
Committees
– Fair representation – implementation in selection of
non-director members of certain committees
– Other qualifications of non-director committee
members

DTCC Confidential


Slide 3

DTCC Governance

Larry Thompson, Managing Director and General Counsel
October 8, 2007
DTCC Confidential

DTCC Corporate Structure
The Depository Trust & Clearing Corporation
(DTCC)

National Securities
Clearing Corporation
(NSCC)

The Depository Trust
Company
(DTC)

DERIV/SERV

Fixed Income
Clearing Corporation
(FICC)

Government Securities
Division
(GSD)

EuroCCP

DTC
Solutions
LLC

Mortgage Backed
Securities Division
(MBSD)
DTCC

Thomson Financial

50%

50%
Omgeo

DTCC Confidential

Corporate Structure and
Governance
• DTCC – holding company for registered clearing agency
and non-clearing agency subsidiaries
• Clearing agencies
– Functions requiring registration as a clearing agency

– Comprehensive regulation: rules changes subject to
publication for comment and approval by SEC
– Non-clearing agency subsidiaries

• Separate entities for legal and regulatory purposes

DTCC Confidential

Corporate Structure and
Governance
• Regulatory status of DTCC, the holding company
• Exchange Act requirement for “fair representation” of clearing
agency users – implementation in allocation of rights/
obligations to purchase shares and right of shareholders to
vote in election of directors
• 2006 changes in common share ownership

DTCC Confidential

Board Committee Structure
DTCC/DTC/NSCC/FICC
Board of Directors

Compliance and
Operational Risk
Management
Committee

Executive
Committee

Audit
Committee

Compensation/
HR Committee

Market and
Credit Risk
Management
Committee

Note: Audit, Compensation and

Governance Committees all must be
composed of “independent” members.
DTCC Confidential

(Proposed) Core
Services
Operations and
Planning
Committee

Governance
Committee

OTC Derivatives
Operations and
Planning
Committee

(Proposed)
International Services
Operations and
Planning Committee

Board And Committee Structure
• Board size
• Two directors selected by DTCC preferred
shareholders (NYSE and NASD)

• Remaining directors elected by common
shareholders; slate includes two management
directors

• DTCC directors elected as directors of DTC,
NSCC and FICC; Omgeo has its own
management and Board of Directors
DTCC Confidential

Board And Committee
Structure
• Board committees
– Roles of Audit, Compliance and Operational Risk
Management and Credit and Market Risk Management
Committees
– Fair representation – implementation in selection of
non-director members of certain committees
– Other qualifications of non-director committee
members

DTCC Confidential


Slide 4

DTCC Governance

Larry Thompson, Managing Director and General Counsel
October 8, 2007
DTCC Confidential

DTCC Corporate Structure
The Depository Trust & Clearing Corporation
(DTCC)

National Securities
Clearing Corporation
(NSCC)

The Depository Trust
Company
(DTC)

DERIV/SERV

Fixed Income
Clearing Corporation
(FICC)

Government Securities
Division
(GSD)

EuroCCP

DTC
Solutions
LLC

Mortgage Backed
Securities Division
(MBSD)
DTCC

Thomson Financial

50%

50%
Omgeo

DTCC Confidential

Corporate Structure and
Governance
• DTCC – holding company for registered clearing agency
and non-clearing agency subsidiaries
• Clearing agencies
– Functions requiring registration as a clearing agency

– Comprehensive regulation: rules changes subject to
publication for comment and approval by SEC
– Non-clearing agency subsidiaries

• Separate entities for legal and regulatory purposes

DTCC Confidential

Corporate Structure and
Governance
• Regulatory status of DTCC, the holding company
• Exchange Act requirement for “fair representation” of clearing
agency users – implementation in allocation of rights/
obligations to purchase shares and right of shareholders to
vote in election of directors
• 2006 changes in common share ownership

DTCC Confidential

Board Committee Structure
DTCC/DTC/NSCC/FICC
Board of Directors

Compliance and
Operational Risk
Management
Committee

Executive
Committee

Audit
Committee

Compensation/
HR Committee

Market and
Credit Risk
Management
Committee

Note: Audit, Compensation and

Governance Committees all must be
composed of “independent” members.
DTCC Confidential

(Proposed) Core
Services
Operations and
Planning
Committee

Governance
Committee

OTC Derivatives
Operations and
Planning
Committee

(Proposed)
International Services
Operations and
Planning Committee

Board And Committee Structure
• Board size
• Two directors selected by DTCC preferred
shareholders (NYSE and NASD)

• Remaining directors elected by common
shareholders; slate includes two management
directors

• DTCC directors elected as directors of DTC,
NSCC and FICC; Omgeo has its own
management and Board of Directors
DTCC Confidential

Board And Committee
Structure
• Board committees
– Roles of Audit, Compliance and Operational Risk
Management and Credit and Market Risk Management
Committees
– Fair representation – implementation in selection of
non-director members of certain committees
– Other qualifications of non-director committee
members

DTCC Confidential


Slide 5

DTCC Governance

Larry Thompson, Managing Director and General Counsel
October 8, 2007
DTCC Confidential

DTCC Corporate Structure
The Depository Trust & Clearing Corporation
(DTCC)

National Securities
Clearing Corporation
(NSCC)

The Depository Trust
Company
(DTC)

DERIV/SERV

Fixed Income
Clearing Corporation
(FICC)

Government Securities
Division
(GSD)

EuroCCP

DTC
Solutions
LLC

Mortgage Backed
Securities Division
(MBSD)
DTCC

Thomson Financial

50%

50%
Omgeo

DTCC Confidential

Corporate Structure and
Governance
• DTCC – holding company for registered clearing agency
and non-clearing agency subsidiaries
• Clearing agencies
– Functions requiring registration as a clearing agency

– Comprehensive regulation: rules changes subject to
publication for comment and approval by SEC
– Non-clearing agency subsidiaries

• Separate entities for legal and regulatory purposes

DTCC Confidential

Corporate Structure and
Governance
• Regulatory status of DTCC, the holding company
• Exchange Act requirement for “fair representation” of clearing
agency users – implementation in allocation of rights/
obligations to purchase shares and right of shareholders to
vote in election of directors
• 2006 changes in common share ownership

DTCC Confidential

Board Committee Structure
DTCC/DTC/NSCC/FICC
Board of Directors

Compliance and
Operational Risk
Management
Committee

Executive
Committee

Audit
Committee

Compensation/
HR Committee

Market and
Credit Risk
Management
Committee

Note: Audit, Compensation and

Governance Committees all must be
composed of “independent” members.
DTCC Confidential

(Proposed) Core
Services
Operations and
Planning
Committee

Governance
Committee

OTC Derivatives
Operations and
Planning
Committee

(Proposed)
International Services
Operations and
Planning Committee

Board And Committee Structure
• Board size
• Two directors selected by DTCC preferred
shareholders (NYSE and NASD)

• Remaining directors elected by common
shareholders; slate includes two management
directors

• DTCC directors elected as directors of DTC,
NSCC and FICC; Omgeo has its own
management and Board of Directors
DTCC Confidential

Board And Committee
Structure
• Board committees
– Roles of Audit, Compliance and Operational Risk
Management and Credit and Market Risk Management
Committees
– Fair representation – implementation in selection of
non-director members of certain committees
– Other qualifications of non-director committee
members

DTCC Confidential


Slide 6

DTCC Governance

Larry Thompson, Managing Director and General Counsel
October 8, 2007
DTCC Confidential

DTCC Corporate Structure
The Depository Trust & Clearing Corporation
(DTCC)

National Securities
Clearing Corporation
(NSCC)

The Depository Trust
Company
(DTC)

DERIV/SERV

Fixed Income
Clearing Corporation
(FICC)

Government Securities
Division
(GSD)

EuroCCP

DTC
Solutions
LLC

Mortgage Backed
Securities Division
(MBSD)
DTCC

Thomson Financial

50%

50%
Omgeo

DTCC Confidential

Corporate Structure and
Governance
• DTCC – holding company for registered clearing agency
and non-clearing agency subsidiaries
• Clearing agencies
– Functions requiring registration as a clearing agency

– Comprehensive regulation: rules changes subject to
publication for comment and approval by SEC
– Non-clearing agency subsidiaries

• Separate entities for legal and regulatory purposes

DTCC Confidential

Corporate Structure and
Governance
• Regulatory status of DTCC, the holding company
• Exchange Act requirement for “fair representation” of clearing
agency users – implementation in allocation of rights/
obligations to purchase shares and right of shareholders to
vote in election of directors
• 2006 changes in common share ownership

DTCC Confidential

Board Committee Structure
DTCC/DTC/NSCC/FICC
Board of Directors

Compliance and
Operational Risk
Management
Committee

Executive
Committee

Audit
Committee

Compensation/
HR Committee

Market and
Credit Risk
Management
Committee

Note: Audit, Compensation and

Governance Committees all must be
composed of “independent” members.
DTCC Confidential

(Proposed) Core
Services
Operations and
Planning
Committee

Governance
Committee

OTC Derivatives
Operations and
Planning
Committee

(Proposed)
International Services
Operations and
Planning Committee

Board And Committee Structure
• Board size
• Two directors selected by DTCC preferred
shareholders (NYSE and NASD)

• Remaining directors elected by common
shareholders; slate includes two management
directors

• DTCC directors elected as directors of DTC,
NSCC and FICC; Omgeo has its own
management and Board of Directors
DTCC Confidential

Board And Committee
Structure
• Board committees
– Roles of Audit, Compliance and Operational Risk
Management and Credit and Market Risk Management
Committees
– Fair representation – implementation in selection of
non-director members of certain committees
– Other qualifications of non-director committee
members

DTCC Confidential


Slide 7

DTCC Governance

Larry Thompson, Managing Director and General Counsel
October 8, 2007
DTCC Confidential

DTCC Corporate Structure
The Depository Trust & Clearing Corporation
(DTCC)

National Securities
Clearing Corporation
(NSCC)

The Depository Trust
Company
(DTC)

DERIV/SERV

Fixed Income
Clearing Corporation
(FICC)

Government Securities
Division
(GSD)

EuroCCP

DTC
Solutions
LLC

Mortgage Backed
Securities Division
(MBSD)
DTCC

Thomson Financial

50%

50%
Omgeo

DTCC Confidential

Corporate Structure and
Governance
• DTCC – holding company for registered clearing agency
and non-clearing agency subsidiaries
• Clearing agencies
– Functions requiring registration as a clearing agency

– Comprehensive regulation: rules changes subject to
publication for comment and approval by SEC
– Non-clearing agency subsidiaries

• Separate entities for legal and regulatory purposes

DTCC Confidential

Corporate Structure and
Governance
• Regulatory status of DTCC, the holding company
• Exchange Act requirement for “fair representation” of clearing
agency users – implementation in allocation of rights/
obligations to purchase shares and right of shareholders to
vote in election of directors
• 2006 changes in common share ownership

DTCC Confidential

Board Committee Structure
DTCC/DTC/NSCC/FICC
Board of Directors

Compliance and
Operational Risk
Management
Committee

Executive
Committee

Audit
Committee

Compensation/
HR Committee

Market and
Credit Risk
Management
Committee

Note: Audit, Compensation and

Governance Committees all must be
composed of “independent” members.
DTCC Confidential

(Proposed) Core
Services
Operations and
Planning
Committee

Governance
Committee

OTC Derivatives
Operations and
Planning
Committee

(Proposed)
International Services
Operations and
Planning Committee

Board And Committee Structure
• Board size
• Two directors selected by DTCC preferred
shareholders (NYSE and NASD)

• Remaining directors elected by common
shareholders; slate includes two management
directors

• DTCC directors elected as directors of DTC,
NSCC and FICC; Omgeo has its own
management and Board of Directors
DTCC Confidential

Board And Committee
Structure
• Board committees
– Roles of Audit, Compliance and Operational Risk
Management and Credit and Market Risk Management
Committees
– Fair representation – implementation in selection of
non-director members of certain committees
– Other qualifications of non-director committee
members

DTCC Confidential