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FEDERAL RESERVE BANK
OF NEW YORK
Circular No.

[

]

6680

January 28, 1971 I

P R O P O S E D A M E N D M E N T S T O M A R G IN R E G U L A T IO N S T A N D U
" B l o c k P o s i t i o n e r s " and " T h i r d - M a r k e t M a k e r s " E x e m p tio n s

To A ll Banks, Brokers and D ealers, and Members o f National
S ecu rities E xchanges, in the Second Federal R eserv e D istrict:
F o llo w in g i s th e te x t o f a s t a te m e n t is s u e d J a n u a ry 26 by the B o a r d o f G o v e r n o r s o f the F e d e r a l R e s e r v e
S y ste m :
T h e B o a r d o f G o v e r n o r s o f th e F e d e r a l R e s e r v e S y ste m to d a y is s u e d f o r c o m m e n t a p r o p o s a l to e x e m p t
f r o m m a r g in r e q u ir e m e n t s c r e d i t e x te n d e d b y b a n k s , b r o k e r s , and d e a le r s to s o - c a l l e d " b l o c k p o s i t i o n e r s . "
T h e B o a r d fix e d M a r c h 17 a s th e d e a d lin e f o r the r e c e i p t o f c o m m e n t .
B lo c k p o s i t i o n e r s a r e s e c u r i t i e s f i r m s that sta n d r e a d y to h o ld su b s ta n tia l b lo c k s o f s t o c k f o r t h e ir ow n
a c c o u n t to fa c ili t a t e the s a le o r p u r c h a s e b y t h e ir c u s t o m e r s — p r i m a r i l y in s titu tio n s — o f q u a n titie s o f s t o c k
t o o la r g e to b e a b s o r b e d by o r d in a r y tr a d in g m e c h a n is m s .
T h e m in im u m b l o c k o f s t o c k that c o u ld q u a lify f o r the p r o p o s e d e x e m p tio n w ou ld h ave a m a r k e t v a lu e o f
$ 2 0 0 ,0 0 0 . A b l o c k w ou ld a l s o h a v e to b e s o ld b y th e b l o c k p o s it io n e r s w ith in 15 b u s in e s s d a y s , alth ou g h l i m i t ­
e d e x t e n s io n s o f 5 d a y s at a tim e c o u ld b e a llo w e d b y the s t o c k e x c h a n g e s and the N a tion al A s s o c ia t io n o f
S e c u r it ie s D e a le r s .
T h e B o a r d a l s o r e - i s s u e d f o r fu r t h e r c o m m e n t a p r o p o s a l to e x e m p t s o - c a l l e d " t h i r d m a r k e t m a k e r s "
f r o m m a r g in r e q u ir e m e n t s f o r c r e d i t th ey ob ta in f r o m b a n k s to c a r r y on t h e ir m a r k e t m a k in g a c t iv it y . T h ir d
m a r k e t m a k e r s a r e f i r m s th at m a k e a m a r k e t o f f th e e x c h a n g e s in s t o c k s th at a r e lis t e d f o r e x c h a n g e tr a d in g .
T h e n ew p r o p o s a l s w ou ld s u b je c t c r e d i t f o r b l o c k p o s it io n in g a c t i v it ie s b y a ll m a r k e t m a k e r s to the s a m e
r e s t r i c t i o n s a s th o s e on b l o c k p o s i t i o n e r s . T h e r e s t r i c t i o n s w ou ld a p p ly to s p e c i a l i s t s , to o v e r - t h e - c o u n t e r
f i r m s that m a k e a m a r k e t in O T C M a r g in S to c k s , and to th ir d m a r k e t m a k e r s . If any o f th e s e f i r m s to o k a
s in g le p o s it io n w ith a m a r k e t v a lu e o f $ 2 0 0 ,0 0 0 o r m o r e , the b lo c k w o u ld h a v e to be s o ld w ith in 15 b u s in e s s
d a y s , o r th e c r e d i t w ou ld c e a s e to b e e lig ib le f o r e x e m p tio n . T h e s a m e lim it e d e x t e n s io n s o f tim e c o u ld b e
a llo w e d , h o w e v e r .

P r in t e d b e lo w is the te x t o f the p r o p o s e d a m e n d m e n ts . C o m m e n ts th e r e o n sh o u ld b e s u b m itte d by M a rch
17 and m a y b e se n t to o u r C o n s u m e r I n fo r m a tio n and S e c u r it ie s R e g u la tio n s D e p a r tm e n t, o r d ir e c t ly to the
B o a r d o f G o v e r n o r s w ith c o p i e s to th is B ank. A d d itio n a l c o p i e s o f th is c i r c u l a r w ill b e fu r n is h e d upon r e q u e s t.
A l f r e d H a y es,
P r e s id e n t .

(Reg. T )
C R E D I T BY B R O K E R S AND D E A L E R S
L im ita tion s on Exempt Credit to Specialists

P u rs u a n t to th e a u th o r ity c o n t a in e d in the
S e c u r it ie s E x ch a n g e A c t o f 1934 (15 U .S .C . 7 8 g ),
th e B o a r d o f G o v e r n o r s p r o p o s e s to a m en d P a r t
220 in the fo llo w in g r e s p e c t s :
S e c tio n 2 2 0 .4 w o u ld b e a m e n d e d by r e v is in g
p a r a g r a p h (g) to r e a d a s f o llo w s :
§ 2 2 0 .4 S p e c ia l A c c o u n t s

*

*

*

*

*

(g) S p e c i a l i s t 's a c c o u n t . (1) In a s p e c ia l a c ­
c o u n t d e s ig n a t e d a s a s p e c i a l i s t 's a c c o u n t, a c r e d i t o r
m a y e f f e c t and fin a n c e , f o r any m e m b e r o f a n a tion a l
s e c u r i t i e s e x c h a n g e w ho is r e g i s t e r e d and a c t s a s a
s p e c i a l i s t in s e c u r i t i e s on the e x c h a n g e , su ch
m e m b e r 's t r a n s a c t io n s a s a s p e c i a l i s t in su ch
s e c u r i t i e s , o r e f f e c t and fin a n c e , f o r any jo in t
v e n tu r e in w h ich the c r e d i t o r p a r t ic i p a t e s , any
t r a n s a c t io n s in any s e c u r i t i e s o f an is s u e w ith
r e s p e c t to w h ich a ll p a r t ic ip a n t s , o r a ll p a r t ic ip a n t s
o t h e r than the c r e d i t o r , a r e r e g i s t e r e d and a c t on a
n a tion a l s e c u r i t i e s e x c h a n g e a s s p e c i a l i s t s .




(2)
Such s p e c i a l i s t 's a c c o u n t s h a ll b e s u b je c t to
the s a m e c o n d it io n s to w h ich it w o u ld b e s u b je c t
i f it w e r e a g e n e r a l a c c o u n t e x c e p t that i f the
s p e c i a l i s t 's e x c h a n g e , in a d d itio n to the o th e r r e ­
q u ir e m e n ts a p p lic a b le to s p e c i a l i s t s , i s d e s ig n a te d
by the B o a r d o f G o v e r n o r s o f the F e d e r a l R e s e r v e
S y ste m a s r e q u ir in g r e p o r t s s u it a b le f o r su p p ly in g
c u r r e n t in fo r m a t io n r e g a r d in g s p e c i a l i s t s ' u s e o f
c r e d i t p u rs u a n t to th is p a r a g r a p h (g ), the r e q u i r e ­
m e n ts o f § 2 2 0 .6 (b ) r e g a r d in g jo in t v e n t u r e s s h a ll
not a p p ly to su ch a c c o u n ts and the m a x im u m loan
v a lu e o f a r e g i s t e r e d s e c u r it y in su ch a c c o u n t ( e x ­
c e p t a s e c u r it y that h as b een id e n tifie d a s a s e c u r it y
h eld f o r in v e s tm e n t p u rs u a n t to a r u le o f the C o m ­
m is s io n e r
of
In tern a l
R ev en u e
(R e g s , s e c t io n
1 -1 2 3 6 -1 (d)) s h a ll b e a s d e t e r m in e d b y the c r e d i t o r
in g o o d fa ith : P r o v id e d , T hat in the c a s e o f c r e d i t
e x te n d e d on any b lo c k o f s t o c k o r p o r t io n t h e r e o f
w ith a c u r r e n t m a r k e t v a lu e o f $ 2 0 0 ,0 0 0 o r m o r e ,
a c q u ir e d f r o m a s in g le s o u r c e at a p p r o x im a te ly the
s a m e tim e , w h e th e r in a s in g le t r a n s a c t io n o r in
s e v e r a l t r a n s a c t io n s , the r e q u ir e m e n t s o f s u b p a r a ­
g ra p h (3) o f th is p a r a g r a p h (g) s h a ll a ls o a p p ly .

(3)(i) In the case of credit extended on any
b lock o f stock or portion thereof described in subparagraph (2) of this paragraph (g), the cre d ito r
shall identify the cred it extended pursuant to this
paragraph (g) and all the collateral used to support
such cred it, (ii) No credit shall be extended pursuant
to this paragraph (g) in resp ect of any such block of
stock o r portion thereof which the specialist has
held continuously fo r m ore than 15 business days,
and any cred it extended pursuant to this paragraph
(g) shall be extinguished b efore the expiration of
such 15 day p eriod, (iii) In exceptional ca ses such
15 day period may on application of the specialist
and the cred itor be extended fo r one o r m ore
p eriods lim ited to 5 business days each com m ensu­
rate with the circu m stan ces by any regularly co n ­
stituted com m ittee o f a national secu rities exchange
which has ju risdiction over the business conduct
o f its m em bers, of which the sp ecia list is a m em ­
ber: P rovided , That such com m ittee is satisfied
that the sp ecia list and the cred itor are acting in
good faith in making the application and that the
circu m stan ces in fact warrant such treatment,
(iv) For the purposes of this subparagraph (3), a
block of stock o r portion th ereof shall be treated
as not having been held continuously only to the
extent that there has been a net sale (or in the case
of short p ositions, net purchase) of such secu rities
(whether o r not represented by the sam e certificate)
during such 15 day period and/or such extension.
*

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*

The p rop osed change in § 220.4(g) would re strict
the ability of sp ecia lists to obtain exempted credit
from other b ro k e r/d e a le r s without regard to the
lim itations of Part 220 (Regulation T) in connection
with substantial blocks of stock positioned in the
cou rse of their sp ecia list activity. Such credit would
be available fo r a lim ited period of tim e only, and
would be in conform ity with restriction s sim ila r to
those that would be im posed under Part 221 (Regula­
tion U) on cred it by banks to finance block position ­
ing by sp ecia lists, third-m arket m akers, OTC m a r­
ket m akers, and b lock -p osition ers. Such period
could be extended in exceptional circu m stan ces fo r
one o r m ore additional lim ited p eriod s, by a c o m ­
mittee of the exchange of which the specia list was a
m em ber. The change would also cla rify that s e c u r i­
ties held fo r investment are not eligible fo r exempt
credit under § 220.4(g). The p rovision s fo r bank
cred it to finance specia lists and OTC market m akers
are contained in Part 221 (Regulation U) in § 221.3 (o)
and § 221.3 (w) respectively and proposed amend­
ments to these sections are being published sim u l­
taneously with this proposal.
This notice is published pursuant to section
553(b) of Title 5, United States Code, and § 262.2(a)
of the Rules of P rocedu re of the Board of Governors
of the Federal R eserve System (12 CFR 262.2(a)).
To aid in the consideration of these matters by
the Board, interested person s are invited to submit
relevant data, view s, o r argum ents. Any such
m aterial should be submitted in writing to the
Secretary, the Board of G overnors o f the Federal
R eserve System, Washington, D.C. 20551, to be
received not later than March 17, 1971. Such m ate­
rial will be made available by inspection and copying
upon request, except as provided in § 261.6(a) of
the
B oard's
Rules
Regarding Availability of
Information.




(Reg. U )
C R E D I T BY BANKS FOR T H E P U R P O S E OF
P U R C H A S IN G OR C A R R Y I N G R E G I S T E R E D
STOCKS
L im ita tion s on Exempt Cred it to S p ecialists and O T C
market makers; Proposal for Exempt Credit to Third Market Makers and Blo ck-Po sitio ners

Pursuant to the authority contained in the
Securities Exchange Act of 1934 (15 U.S.C. 78g),
the Board of G overnors p rop oses to amend Part 221
in the follow ing respects:
Section 221.3 would be amended by revising
paragraph (o) and subparagraph (1) of paragraph
(w) and by adding paragraph (y) and paragraph (z),
as set forth below:
§ 221.3 M iscellaneous P rovision s
*

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*

(o)
S pecialist. In the case of cred it extended to
a m em ber of a national secu ritie s exchange who is
registered and acts as a sp ecia list in secu rities
on the exchange for the purpose of financing such
m em b er's transactions as a sp ecia list in such
secu rities, the maximum loan value o f any stock
(except stock that has been identified as a secu rity
held fo r investment pursuant to a rule of the C om ­
m ission er of Internal Revenue (Regs, section
1-1236-1 (d)) and except a block o f stock or portion
th ereof with a current market value of $200,000 o r
m ore, acquired from a single sou rce at approxim ate­
ly the sam e tim e, whether in a single transaction
o r in several transactions) shall be as determ ined
by the bank in good faith: P rovided, That the
sp e c ia lis t's exchange, in addition to other re q u ire ­
ments applicable to sp ecia lists, is designated by the
Board o f G overnors of the Federal R eserve System
as requiring reports suitable fo r supplying current
inform ation regarding s p e cia lis ts' use of cred it p u r­
suant to this section.

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(w) OTC market m aker exem ption. (1) In the
case o f cred it extended to an OTC market maker,
as defined in subparagraph (2) of this paragraph
(w), for the purpose of purchasing o r carryin g an
OTC margin stock in ord er to conduct the m ark etmaking activity of such a m arket m aker, the m axi­
mum loan value of any OTC m argin stock (except
stock that has been identified as a secu rity held fo r
investment pursuant to a rule o f the C om m issioner
of Internal Revenue (Regs, section 1-1236-1 (d)) and
except a block of stock o r portion th ereof with a
current m arket value of $200,000 o r m ore, a c ­
quired from a single sou rce at approxim ately the
same tim e, whether in a single transaction o r in
several transactions) shall be determ ined by the
bank in good faith: P rovided , That in respect of
each such stock the OTC m arket m aker shall have
filed with the Securities and Exchange Com m ission
a notice of his intent to begin o r continue such
m arket-m aking activity (Securities and Exchange
C om m ission Form X -17A -12(a)) and all other r e ­
ports required to be filed by m arket m akers in OTC
margin stocks pursuant to a rule of the Com m ission
(Rule 17a-12 (17 CFR 240.17a-12)) and shall not
have ceased to engage in such m arket-m aking
activity: And provided further, That the bank shall
obtain and retain in its re co rd s fo r at least three
years after such cred it is extinguished a statement
in conform ity with the requirem ents o f Federal R e­

s e rv e F orm U-2, executed by the OTC market
m aker who is the recipient of such cred it and
executed and accepted in good faith* by a duly
authorized o ffic e r of the bank p r io r to such e x ­
tension. In determ ining whether o r not an extension
of cred it is fo r the purpose of conducting such
m arket-m aking activity, a bank may rely on such a
statement if executed and accepted in accordance
with the requirem ents o f this paragraph (w) and
section 221.3(a).

transactions fo r his own account in reasonable
amounts, and at his quoted p rice s , with other brok ers
and dealers, (iii) he does no m ore than 25 p er cent
o f his business in the stock with other market
m akers and national secu rities exchanges and (iv)
he has a reasonable average rate o f inventory
turnover on the stock.
(3)
If all o r a portion o f the cred it extended
pursuant to this paragraph (y) ce a se s to be fo r the
purpose sp ecified in subparagraph (1) o r the dealer
*
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*
to whom the cred it is extended ce a se s to be a
third-m arket m aker as defined in subparagraph (2),
(y) T h ird-m arket m aker exem ption. (1) in the
ca se o f cred it extended to a third-m arket m aker,
the cred it o r such portion th ereof shall thereupon
as defined in subparagraph (2) o f this paragraph (y),
be treated as "a cred it subject to § 221.1".
fo r the purpose of purchasing o r carryin g a stock
(z) B lock positioner exemption. (1) In the case o f
that is reg istered on a national secu rities exchange
cred it extended to a block p ositioner, as defined in
(other than a convertible secu rity d escribed in
subparagraph (2) o f this paragraph (z), fo r the p u r­
section 221.3 (t) (1) of this part) in o rd er to conduct
p ose of financing the activity o f block positioning,
the m arket-m aking activity of such a market maker,
the maximum loan value of any stock obtained in
the ordinary co u rse of the activity o f b lo ck -p o sitio n ­
the maximum loan value o f any such stock (except
ing as d escribed in subparagraph (2) o f this p ara ­
(i)
a convertible security d escrib ed in section
graph (z) (except (i) a convertible secu rity d escribed
221.3 (t)(l) of this part, (ii) stock that has been
in section 221.3 (t)(1) of this part and (ii) stock that
identified as a secu rity held fo r investment pursuant
has been identified as a security held fo r investment
to a rule of the C om m issioner of
Internal
pursuant to a rule of the C om m ission er o f Internal
Revenue (Regs, section 1-1236-1 (d)) and (iii) a block
Revenue (Regs, section 1-1236-1 (d)) shall be d e ­
o f stock o r portion thereof with a current m arket
term ined by the bank in good faith: P rovided. That
value o f $200,000 o r m ore, acquired from a single
in resp ect of such activity he shall have filed with
so u rce at approxim ately the same tim e, whether in
the Securities and Exchange C om m ission a notice of
a single transaction o r in several transactions),
undertaking such activity on a form p rescrib ed by
shall be determ ined by the bank in good faith:
the C om m ission, and all other rep orts required to
P rovided , That in resp ect o f each such stock he
be filed by b lo ck -p o sitio n e rs: And provided further,
shall, at least ten full business days p rio r to such
That the bank shall obtain and retain in its re co rd s
extension o f cred it, have filed with the Securities
fo r at least three yea rs after such cred it is e x ­
and Exchange C om m ission a notice o f his intent to
tinguished a statement in conform ity with the req u ire­
begin o r continue such m arket-m aking activity, and
ments o f Federal R eserve Form U-5 and section
all other rep orts required to be filed by third 221.3(a), executed by the block p osition er who is the
market m akers pursuant to a rule o f the Securities
recipient of such cred it and executed and accepted
and Exchange C om m ission and, except when such
in good faith* by a duly authorized o ffic e r o f the
activity is unlawful, shall not have ceased to engage
bank p r io r to such extension. In determ ining whether
in such m arket-m aking activity: And provided fu r­
o r not an extension of credit is fo r the purpose o f
th er, That the bank shall obtain and retain in its
conducting such block positioning activity, a bank
re c o rd s fo r at least three yea rs after such credit
may rely on such a statement if executed and a c ­
is extinguished a statement in conform ity with the
cepted in accord an ce with the requirem ents of this
requirem ents o f Federal R eserve Form U-3, e x ­
paragraph (z) and section 221.3(a). In determ ining
ecuted by the th ird -m a rk er m aker who is the
whether o r not an extension o f time has been
recipient of such cred it and executed and accepted
granted pursuant to subparagraph (3) o f this p a ra ­
in good faith* by a duly authorized o ffic e r o f the
graph (z) and whether o r not such extension o f tim e
bank p r io r to such extension. In determining whether
is com m ensurate with the circu m stan ces the bank
o r not an extension of cred it is fo r the purpose of
may rely on a statement executed by an o ffic e r of
conducting such m arket-m aking activity, a bank may
the exchange o r association on behalf of the c o m ­
rely on such a statement, if executed and accepted
mittee in con form ity with the requirem ents of Federal
in a ccord an ce with the requirem ents of this paragraph
R eserve Form U-6 and section 221.3(a).
(y) and section 221.3(a).
(2)
A third-m arket m aker with resp ect to a
(2)
A block p osition er is a dealer who (i) is
stock that is registered on a national secu rities
registered with the Securities and Exchange C om ­
exchange is a dealer who has and maintains net
m ission under section 15 of the Securities Exchange
capital, as defined in a rule of the S ecurities and
Act o f 1934 (15 U.S.C. 78o) and has a minimum net
Exchange C om m ission (Rule 1 5 c 3 -l (17 C FR 240.15c
capital, as defined in a rule o f the Securities and
3 -1 )), o f $250,000 fo r each such stock in resp ect
Exchange C om m ission (Rule 1 5 c 3 -l (17 CFR 240.15
c 3 - l ) ) or in the capital rules o f an exchange of
o f which he has filed and not withdrawn a notice
with the S ecurities and Exchange C om m ission (but
which he is a m em ber if the m em bers thereof are
in no case does this subparagraph (2) require net
exempt therefrom by Rule 1 5 c 3 -l (b) (2) of the C o m ­
capital of m o r e than $1,000,000), who is in com pliance
m ission (17CFR 2 40 .1 5 c3 -l(b )(2 ), o f $250,000, o r
with such rule of the C om m ission and who, except
who is a registered specialist on a national s e c ­
urities exchange, (ii) engages in the activity of p u r­
when such activity is unlawful, m eets all the follow ­
chasing long o r selling short as principal, from
ing conditions with respect to such stock: (i) he
tim e to tim e, from or to a cu stom er (other than a
furnishes bona fide, com petitive bid and offe r quota­
partner o r a joint venture o r other entity in which
tions at all tim es to other b ro k e r/d e a le r s on r e ­
a partner of the dealer, o r the d ealer itself, p a r quest, (ii) he is ready, willing, and able to effect

*A.s d escribed in section 221.3(a).



ticipates, o r a person "a ssocia ted with" such dealer
as defined in section 3(a) (18) o f the Securities Ex­
change Act of 1934) a block of stock (other than a
convertible security as d escribed in section 221.3
(t) (1) of this part) with a current market value of
$200,000 o r m ore, in a single transaction to fa c ili­
tate a sale o r purchase by such cu stom er, (iii)
c e r tifie s to the lending bank that he has determined
in the e x e r cise o f reasonable diligence that the block
could not be sold to o r purchased from others on
equivalent o r better term s, and (iv) sells the shares
com prisin g such block as rapidly as possible c o m ­
mensurate with the circu m stan ces.
(3) No cred it shall be extended o r maintained
pursuant to this paragraph (z) in resp ect of any such
block o f stock o r portion th ereof which the b lo c k p ositioner has held continously fo r m ore than 15
business days, and any cred it extended pursuant to
this paragraph (z) shall be extinguished o r brought
into conform ity with the initial m argin requirem ents
o f sections 221.1 and 221.4 b efore the expiration of
such 15 day p eriod. F or the purposes o f this subparagraph, a block o r portion th ereof shall be treat­
ed as not having been held continuously only to the
extent that there has been a net sale (or in the case
of short p ositions, net purchase) o f such secu rities
(whether o r not represented by the sam e certificate)
during such 15 day period.
(4) In exceptional ca ses the 15 day period s p e c ­
ified in subparagraph (3) o f this paragraph (z) may
on the application of the b lock -p osition er, be e x ­
tended fo r one o r m ore p eriods lim ited to 5 business
days each com m ensurate with the circu m stan ces by
any regularly constituted com m ittee o f a national
secu rities exchange having ju risdiction over the
business conduct of its m em bers, o f which the b lo ck position er is a m em ber o r through which his tran s­
actions are effected, o r by a com m ittee of a national
secu rities association : P rovided . That such c o m ­
mittee is satisfied that the b lock -p osition er is acting
in good faith in making the application and that the
circu m stan ces in fact warrant such treatment.
*

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*

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*

The p rop osed change in section 221.3(o) would
re strict the ability of sp ecia lists to obtain cred it
from banks without regard to the lim itations of Part
221 (Regulation U) in connection with substantial
blocks of stock positioned in the cou rse of their
sp ecia list activity. Such cred it would be available
only in conform ity with the requirem ents of proposed
section 221.3(z), and not otherw ise. This restriction
is sim ila r to that which would be im posed under Part
220 (Regulation T) on cred it by b ro k e r/d e a le rs to
finance block-position ing by sp ecia lists. The change
would also cla rify that secu rities held by specia lists
fo r investment are not eligible fo r exempt credit
under section 221.3 (o).
The proposed change in section 221.3 (w) would
re strict the ability of OTC m arket m akers to obtain
exempted cred it from banks without regard to the
lim itations of Part 221 (Regulation U) in connection
with substantial blocks of stock positioned in the
cou rse o f their m arket-m aking activity. Such cred it
would be available only in conform ity with the r e ­




quirem ents o f proposed section 221.3(z), and not
otherw ise.
Section 221.3 (x), proposed fo r comment by the
Board of G overnors on May 5, 1969 (34 Federal
R egister 7823, May 16, 1969), would be revised as
section 221.3(y), and would re s trict the ability of
third-m arket m akers to obtain cred it from banks
without regard to the lim itations o f Part 221 (Regu­
lation U) in connection with substantial b lock s o f
stock positioned in the cou rse o f their m a rk et-m ak ­
ing activity. Such cred it would be available only in
conform ity with the requirem ents of proposed section
221.3 (z), and not otherw ise. The revision would also
provide that if the cred it ceased to be fo r the purpose
o f making such a market, o r the cu stom er cea sed to
be a third-m arket m aker, the rem aining cred it
would becom e restricted in a ccord an ce with the p r o ­
visions o f section s 221.1 and 221.4 of this part. A
sim ila r p rovision applies to OTC market m akers
under section 221.3 (w).
The proposed paragraph (z) of section 221.3
would perm it certain b ro k e r/d e a le r s (including qual­
ifying sp ecia lists, third-m arket m akers, and OTC
market m akers) to obtain cred it from banks without
regard to the restriction s of Part 221 (Regulation U)
in connection with their activities as b lo c k -p o s itioners. However, the cred it would have to be brought
into conform ity with the initial m argin requirem ents
im posed by Part 221 if (1) the cred it ceased to be
fo r the purpose of carryin g on such an activity, o r
(2) the dealer ceased to be a b lo ck -p o sitio n e r. In
any event, cred it extended pursuant to paragraph (z)
would have to be paid back o r brought into co n ­
form ity with ordinary margin requirem ents within
15 business days, unless extended in exceptional
ca ses, fo r one or m ore additional p eriod s lim ited to
5 business days each by appropriate p roced u res.
For cred it to be in connection with b lo c k -p o s i­
tioning, the b ro k e r/d e a le r must ce rtify that the cred it
is used to buy a substantial amount o f secu rities in
ord e r to facilitate a secu rities transaction too large
to be handled through norm al channels. The cred it
would enable the b ro k e r/d e a le r to acquire fo r his
own account that part of the transaction that the
market could not otherw ise absorb; he must th e re ­
after clo s e his position as quickly as circu m stan ces
perm it. Any cred it extended in connection with the
transaction thereafter b ecom es subject to the ord in ­
ary initial margin requirem ents im posed by Part 221.
This notice is published pursuant to section
553(b) o f Title 5, United States Code, and section
262.2(a) of the Rules of P roced u re of the B oard o f
G overnors of the Federal R eserve System (12 C FR
262.2(a)).
To aid in the consideration o f these m atters by
the Board, interested person s are invited to submit
relevant data, view s, o r arguments. Any such m ate­
rial should be submitted in writing to the Secretary,
the Board o f G overnors of the Federal R eserve
System, Washington, D.C. 20551, to be receiv ed not
later than M arch 17, 1971. Such m aterial will be
made available by inspection and copying upon r e ­
quest, except as provided in § 261.6(a) of the B oa rd 's
Rules Regarding Availability of Information.