Application under section 147 of the Securities Act (Ontario) (OSA) to exempt on an interim basis FundSERV Inc. from recognition as a clearing agency under subsection 21.2(0.1) of the OSA.
Applicable Legislative Provisions
Securities Act, R.S.O. 1990, c. S.5, as am., ss. 21.2(0.1), 147.
IN THE MATTER OF
THE SECURITIES ACT
R.S.O. 1990, CHAPTER S.5, AS AMENDED
IN THE MATTER OF
(Section 147 of the Act)
WHEREAS FundSERV Inc. (FundSERV) has filed an application dated February 18, 2011 (Application) with the Ontario Securities Commission (Commission) pursuant to section 147 of the Act requesting an interim order (Order) exempting FundSERV from the requirement to be recognized as a clearing agency under section 21.2 of the Act.
AND WHEREAS FundSERV has represented to the Commission that:
1. FundSERV is a Canadian corporation with its head office located in Toronto, Ontario;
2. FundSERV is a leading provider of electronic business services to the Canadian investment fund industry;
3. FundSERV's core service is to provide the network infrastructure for its customers to place and reconcile orders through efficient, secure data exchange, and, for those who so elect, to enable them to settle orders through a payment exchange handled by the Royal Bank of Canada through the Large-Value Transfer System operated by the Canadian Payments Association;
4. FundSERV operates on a cost-recovery basis, serving more than 700 organizations and their business units and providing online access to over 10,000 investment fund instruments;
5. FundSERV's business model does not involve credit enhancement, the assumption of counter-party risk, novation or custody;
6. While FundSERV has developed robust and reliable business continuity systems, market participants can and do transact without FundSERV's assistance;
7. FundSERV also supports the customer staffed committees and working groups that address issues and develop electronic data and security standards for the industry; and
8. FundSERV is transparent to the industry and responsive to any information request from the Commission.
AND WHEREAS subsection 21.2(0.1) of the Act will, effective March 1, 2011, prohibit a clearing agency (as defined in the Act) from carrying on business in Ontario unless they are recognized by the Commission as a clearing agency;
AND WHEREAS FundSERV is in the process of filing a full application to the Commission for a subsequent order (Subsequent Order) exempting FundSERV from the requirement to be recognized as clearing agency under section 147 of the Act;
AND WHEREAS based on the Application and the representations FundSERV has made to the Commission, the Commission has determined that the granting of the Order would not be prejudicial to the public interest;
IT IS HEREBY ORDERED by the Commission that, pursuant to section 147 of the Act, FundSERV is exempt on an interim basis from recognition as a clearing agency under section 21.2 of the Act;
PROVIDED THAT this Order shall terminate on the earlier of (i) September 1, 2011 or (ii) the effective date of the Subsequent Order.
DATED March 1, 2011