Determining the Proper Platform It is imperative to ensure that distributions are processed within the correct platform. Determining the appropriate method of distribution will ensure allocations are made to entitled holders. Distributions may be based upon presentation of the securities or record date. A mandatory corporate action event is based on an effective date and requires the surrender of all outstanding securities. If the distribution is based upon a record date, the distribution will be processed through DTCC’s Dividend Platform. However, distributions based upon an effective date are handled by DTCC’s Reorganization Department. Record Date vs. Effective Date Record date is the date recognized by the issuer, their paying agent, and the courts as the date the holder must be registered on the agent’s books and records in order to receive the distribution. If a distribution is based upon a record date, no presentation of the securities is required in order to receive either the cash payment or issuance of new securities. Payment will automatically be made on the payable date, the date declared by the issuer when the distribution will be paid. Since surrender of the securities is not required, DTCC will maintain an outstanding balance and the inventory will not be reduced. When the distribution is deemed final, but is based upon a record date, DTCC requests that a null, void and worthless letter be provided for security deletion. Effective date is the date the corporate action event occurs. If a distribution is based upon an effective date, current holders of the security will receive the entitlement, and the distribution will require the surrender of the old securities. In certain cases, DTCC assigns an escrow CUSIP number to represent participant positions allowing for the potential of future distributions. Escrow CUSIPs, created as a result of a mandatory corporate action event, are coded as PREM eligible enabling participants to remove positions off their books and records if desired. Record Date Holders as of a set date are entitled to receive payment. No mandatory presentation is required. Inventory is maintained at DTCC. Effective Date Current holders of the security are entitled to receive payment. Mandatory presentation is required. Inventory is surrendered for cancellation. To determine the proper platform for the event, the following questions should be addressed. Will the distribution be based upon surrender of the old securities or a record date? Are the old securities to be presented for cancellation in order to receive the entitlement? Is this a final payment? Is there a possibility of future distribution and/or issuance? If there are subsequent distributions, will they be based on the same date? Has the exchange been notified (for equity issues)? Notification Process Upon availability, DTCC requires that an official notice to be provided to the Reorganization group mailbox at [email protected] within 5 business days prior to the effective date or payment date in cases of bankruptcy distributions. The notice should state all the pertinent details of the event which include the following: old issue name, old CUSIP number, new issue name, new CUSIP number (if applicable), exchange or cash rate, effective date or record date (as applicable) and the transfer agent’s contact information. The notice should also state whether the payment is considered final or if there is a possibility of future payments. If the issuance of new securities or distribution of cash results from bankruptcy, DTCC requests that all supporting court documentation be supplied at that time as well.
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