ARTICLE
3 October 2016

SEC Proposes Shortening Standard Settlement Cycles For Securities Transactions

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.
The SEC voted to propose an amendment to shorten the standard settlement cycle for most broker-dealer securities transactions from three business days after the trade date...
United States Corporate/Commercial Law
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The SEC voted to propose an amendment to shorten the standard settlement cycle for most broker-dealer securities transactions from three business days after the trade date ("T+3") to two business days after the trade date ("T+2").

The SEC explained that the proposal would "prohibit a broker-dealer from entering into a contract for the purchase or sale of a security (other than an exempted security, government security, municipal security, commercial paper, bankers' acceptances, or commercial bills) that provides for payment of funds and delivery of securities later than two business days after the trade date, unless otherwise expressly agreed to by the parties at the time of the transaction." The SEC asserted that "[s]hortening the standard settlement cycle to T+2 could result in a further reduction of credit, market, and liquidity risk for all U.S. market participants, which in turn could reduce systemic risk for U.S. market participants."

In his statement at the open meeting, SEC Commissioner Michael S. Piwowar emphasized that he "enthusiastically support[s]" the proposal and he even urged regulators to consider a one-day trade settlement cycle "in the future."

Comments on the proposed amendment must be submitted by 60 days following its 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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