A#

5903

P&S #:

5473

DATE:

September 24, 2004

TO:

ALL PARTICIPANTS

ATTENTION:

MANAGING PARTNER/OFFICER, OPERATIONS PARTNER/OFFICER, DIRECTOR OF OPERATIONS, DATA PROCESSING MANAGER, MANAGER P&S DEPARTMENT

FROM: General Counsel's Office
SUBJECT: Rule Filing - Additional Mark-to-the-market Payments

On May 20, 20031, National Securities Clearing Corporation ("NSCC" or “the Corporation”) filed and on September 16, 2004 the Securities and Exchange Commission  ("SEC") approved2, rule filing SR-NSCC-2003-09, which consisted of modifications to NSCC’s Rules and Procedures (the “Rules”).

This rule change modified Procedure XV (Clearing Fund Formula and Other Matters), B (Additional Mark-to-the-market Payments) to delete the specific criteria used for determining which securities meet classifications for additional mark-to-the-market payments, and provides for a more generalized provision.3 

Questions regarding Additional Mark-to-the-market Payments should be directed to Michael Kopcak, Director, Risk at (212) 855-5765.  Questions regarding the rule filing may be addressed to Lisa T. Siebold, Assistant Secretary at (212) 855-3206, or to the undersigned at (212) 855-3203. 

Karen L. Saperstein

Managing Director and General Counsel



1 Amended on October 20, 2003.

2 See Federal Register: September 22, 2004 (Volume 69, Number 183), Release No. 34-50395

3 The full text of the rule change may be obtained by visiting our web site at www.nscc.com.