Securities Processing Act - Provides, under the Securities and Exchange Act, that no broker or dealer shall make use of the mails or of any instrumentality of interstate commerce to effect any transaction in, or induce the purchase or sale of, any security (other than an exempted security or commercial paper, bankers' acceptances, or commercial bills) in contravention of such rules and regulations as the Securities Exchange Commission shall prescribe as necessary in the public interest, for the protection of investors or for the development of an integrated national system for the prompt and accurate processing and settlement of securities transactions to regulate the time, method of and format of making settlements, payments, transfers and deliveries and of opening, maintaining, and closing accounts.
Makes it unlawful for any person, directly or indirectly, to make use of the mails or any means or instrumentality of interstate commerce to perform the function of a clearing agency with respect to any security unless such person is registered under this Act. Provides that applications for such registration shall contain the rules of such agency together with such other information as the Securities and Exchange Commission may by rule require. Prescribes requirements to be met by clearing agencies for eligibility for registration and rule changes.
Provides that if any registered clearing agency takes any disciplinary action against any participant therein, or denies admission to any person seeking participation therein, such action shall be subject to review by the appropriate regulatory agency. Sets forth guidelines governing such proceedings, and permits the regulatory agency, after full review, to suspend the clearing agency for a violation of the Act or any regulations thereunder, to censure the clearing agency or to remove from office any officer who willfully violates provisions of this Act.
Directs the Commission to, on or before December 31, 1976, take such steps as are within its power to bring about the elimination of the stock certificate as a means of settlement among brokers or dealers of transactions consummated on national securities exchanges or by means of the mails or other means or instrumentalities of interstate commerce.
Provides that no person shall make use of the mails or of any means or instrumentality of interstate commerce in order to perform the function of a transfer agent with respect to any security unless such person is registered in accordance with this Act. Sets forth the requirements for such registration. Provides that compliance with the requirements of this part shall be enforced under the Federal Deposit Insurance Act by the appropriate regulatory agencies.
Authorizes the Commission, after appropriate notice and opportunity for hearing, to censure, bar, or place limitations upon any transfer agent.
Provides that it shall be unlawful for an issuer who is registered under this Act, by use of any means or instrumentality of interstate commerce, or of the mails, to issue any securities whose form or format contravenes such rules and regulations as the Commission may prescribe as necessary or appropriate for the prompt and accurate processing of transactions in securities.
Requires a study and investigation to be made of the practice of registration securities other than in the name of the beneficial owner and to determine whether such registration is consistent with the policies and purposes of this Act, and if consistent, whether steps can be taken to facilitate communications between corporations and their shareholders while at the smae time retaining the benefits of such registration.
Prohibits a State from taxing the beneficial or record ownership of securities effected through a registered clearing agency unless otherwise taxable by such State if the facilities of such agency were not physically located in the taxing State.
Introduced in Senate
Referred to Senate Committee on Banking, Housing and Urban Affairs.
Reported to Senate from the Committee on Banking, Housing and Urban Affairs with amendment, S. Rept. 93-359.
Reported to Senate from the Committee on Banking, Housing and Urban Affairs with amendment, S. Rept. 93-359.
Passed/agreed to in Senate: Measure passed Senate, amended.
Measure passed Senate, amended.
Referred to House Committee on Interstate and Foreign Commerce.
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