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REGULATION pursuant to the definitions of CSD and Settlement Date and articles 3.13.3, 3.14.2 and 3.14.4 of the Clearing Rule Book SETTLEMENT Capitalised terms used in this Regulation, and not otherwise defined, shall have the meaning as set out in the Clearing Rule Book. This Regulation comes into force on 2nd January 2015. Changes to this Regulation will be implemented in accordance with the Change Management Process for Clearing Rules, without prior consultation. 1 SETTLEMENT 1.1 GENERAL This Regulation has been adopted under the Rules and Regulations of the EuroCCP Rulebook, and the local market practises. The intended settlement date for all markets is T+2, with the exception of the Spanish domestic market (T+3). SETTLEMENT SPECIFICS - SPANISH HOME MARKET Settlement in the Spanish home market deviates from settlement in other home markets due to the registration obligations. Registration is a legal requirement in Spain. Securities are registered in the name of the beneficial owner (“Registration Name”) and every change in ownership needs to be recorded via a registration reference number. A registration reference number can be obtained through the Spanish stock exchange and through the Spanish CSD, Iberclear. The procedures described in this section have been devised to support trading via MTF’s and to offer cost savings by netting where possible while adhering to registration requirements. The quintessence of these procedures is that EuroCCP nets trades to the extent possible on the day the trades are concluded (Trade Date), provides this netted information in the form of special files and settlement instructions to Iberclear, through EuroCCP’s Spanish settlement service provider, BNP Securities Services in Madrid, and split those net instructions based on the information EuroCCP receives from the Clearing Participants into the individual parts on the next day. The Clearing Participants are required to instruct Iberclear to receive or deliver the individual parts (“MTF-instructions”). Via the MTFinstructions, registration reference numbers are obtained and the Securities are received from or delivered to the correct Registration Name. In the following paragraphs the information exchange between EuroCCP and its Clearing Participants concerning the activity of a specific Trading Participant is mentioned on several occasions. The Clearing Participant may authorise the Trading Participant to exchange that information directly with EuroCCP on behalf of the Clearing Participant via the Statement of Authority Spain. EuroCCP has authorised its settlement agent in Spain, BNP Securities Services Madrid, to directly communicate on EuroCCP’s behalf with Clearing Participants about the resolution of issues related to the split of instructions and the assignment of Registration Names. ____________________________________________________________________________________ Version: 02012015 1 EuroCCP Regulation Settlement European Central Counterparty N.V. Preparation for the start of the service Clearing Participants need to complete and sign the Statement of Authority Spain for each Trading Participant for which they guarantee trades in Spanish Securities. That Statement of Authority is part of the Regulation Statement of Authority. The Clearing Participant provides the following information via the form: 1. 2. 3. 4. Trading Participant BIC and Clearing Participant BIC; House account netting level required: directional (“aggregation”) or full. Note that full netting will result in directional netting in case of so-called strange nets; House account registration name. The registration name is expressed as a BIC or as a COD number. Even in case the Trading Participant intends to use its Client account only, a House account registration name needs to be provided. This name will be used in circumstances where no or incorrect or incomplete registration names are provided, or if the information is provided after the deadline as specified in this Regulation Settlement; Trading Participant direct information exchange authorisation by the Clearing Participant, if applicable. The Clearing Participant does not need to indicate whether or not the Trading Participant will conclude Trades to be registered in its Client account. EuroCCP will register Trades in the Trading Participants’ Client account if required by the information in the Trade message it receives, and will process these Trades as described below. If no other information about the Registration Name(s) is provided, the House account Registration Name as specified on the Statement of Authority Spain will be used. Recurring activities from trading to settlement The recurring activities during the days from trading to settlement are described in the paragraphs below. The activities vary from the day the trade has been concluded (Trade Date, “TD”), the next two days (“TD+1”, “TD+2”) and the day the actual settlement is supposed to take place (“TD+3” or “ISD”). TD EuroCCP will receive trades in Spanish Securities from the various MTFs during the day. Each valid trade will result in an updated settlement instruction for the Securities, account and account type in which the trade is registered. The trades in the Client account will be directionally netted (“aggregated”). The trades in the House account will be netted according to level specified by the Clearing Participant on the Statement of Authority Spain (fully or directionally netted). The MTF’s will close trading in Spanish Securities at the time agreed with EuroCCP and published in their respective rules. Each MTF will send a special message ("End Of Day Spain") to EuroCCP after the MTF has closed trading in Spanish Securities to inform EuroCCP about this event. Upon receipt of the last "End of Day Spain" message, EuroCCP will generate two special files (HEW and HEV) with the netted information. These files are sent electronically to EuroCCP’s settlement service provider in Spain, to be sent through to Iberclear before 19:00h CET on TD. After having produced and sent the HEW and HEV-file, EuroCCP will generate netted settlement instructions and will send those to it’s settlement service provider. TD+1 EuroCCP or its settlement agent may receive additional registration information. The Clearing Participants or – if authorised – the trading participants can provide additional registration information via email or via the web based, secure internet portal of EuroCCP’s settlement agent. The email address for the delivery of that information is specified in this Regulation Settlement. Detailed information regarding the web based, secure internet portal of EuroCCP’s settlement agent can be found on the EuroCCP website. EuroCCP’s settlement agent arranges the further split of the settlement instructions according to the ____________________________________________________________________________________ Version: 02012015 2 EuroCCP Regulation Settlement European Central Counterparty N.V. additional registration information it has received from Clearing Participants or –if authorised- directly from the Trading Participants. In case there is no additional registration information received before the deadline, or if the information is incomplete or incorrect, the House account registration name as specified in the Statement of Authority will be used for further processing. Clearing Participants do not need to provide split information for Trading Participants that only conclude trades that are registered in the House account and have opted into full netting via the Statement of Authority Spain. If the reporting of splits will be done in the form of an Excel spreadsheet (“split report”) it should contain the following information: the Trading Participants BIC as specified on the Statement of Authority Spain, the Trade Date, the type of instruction (delivery or receipt, a “D” or an “R”), ISIN, number of shares, the Registration Name in the form of a BIC or COD-number and a Trading Participant’s reference. For the avoidance of doubt, EuroCCP’s settlement agent expects to receive an “R” if the Trading Participant has bought Securities on the MTF and a “D” if the Trading Participant has sold on the MTF. EuroCCP’s settlement agent will reconcile the instructions received from EuroCCP with the split information delivered in the form of an Excel spreadsheet or via the web based portal of EuroCCP’s settlement by the Clearing Participant (or sent directly by the Trading Participant if authorized). The deliverer of the split information will be informed by EuroCCP’s settlement agent about any discrepancies arising from the reconciliation. More precisely, the following scenarios may occur in a specific Security and for a specific Trading Participant: a) The number of shares specified by EuroCCP exceeds the sum of all splits specified by the deliverer of the split information. The deliverer will receive an email with the outcome of the reconciliation. The deliverer may subsequently deliver revised split information. This will only be processed if received prior to the deadline. In case no revised split information is received or if the revised information is received after the deadline, EuroCCP’s settlement agent will assign the Trading Participant’s House account Registration Name as specified on the Statement of Authority Spain to the remaining number of shares not mentioned by the sender in the split information. b) The amount of shares specified by EuroCCP is less than the sum of all splits specified by the deliverer of the split information. The deliverer will receive an email with the outcome of the reconciliation. The deliverer may subsequently deliver revised split information. This will only be processed if received prior to the deadline. In case EuroCCP’s settlement agent does not receive a revised split information, or receives the revised information after the deadline, EuroCCP’s settlement agent will assign the Trading Participant’s House account Registration Name as specified on the Statement of Authority Spain to the entire number of shares specified by EuroCCP as it is unclear to EuroCCP’s settlement agent what split information is correct and what is incorrect. In case no split information is received from the Clearing Participant for a specific Trading Participant, and no split information is received from that specific Trading Participant directly (if authorized), the Trading Participants House account Registration Name as specified on the Statement of Authority Spain will be assigned to each instruction. Note that in case all trades concluded by the Trading Participant are to be registered in their House account, there will be no need to deliver any split information. In case no discrepancy exists or/and the deadline for delivering the split information has been reached, EuroCCP’s settlement agent will automatically generate a file containing the splits and registration details for each Trading Participant and communicate this information to Iberclear after which EuroCCP’s settlement agent will receive the confirmations. At the end of TD+1, when all the splits and registration details for all Trading Participants have been delivered, EuroCCP’s settlement agent will automatically generate on behalf of EuroCCP, the new settlement instructions . ____________________________________________________________________________________ Version: 02012015 3 EuroCCP Regulation Settlement European Central Counterparty N.V. TD+2 Client will have the possibility to amend their registration details till 14:00 CET. On this day, before 15:00h CET all EuroCCP settlement instructions must be matched. Instructions that are not matched by this deadline will be rejected by Iberclear. The rejected instructions will automatically be recycled by EuroCCP’s settlement agent. This means that the instructions will be resubmitted to Iberclear with the recyclement date as trade date and recyclement date +3, as settlement date. A recycled instruction will have the same trade reference number as the original instruction. TD+3 or ISD On this day, all EuroCCP receipt instructions (deliveries to EuroCCP) must be settled. After 11.30 CET, Clearing Participants will have the option to: a) Contact BNP Paribas Madrid and arrange for the EV to be cancelled and delivery to be made in the name of EuroCCP via an interbank transfer (“traspaso”) or; b) Settling the trade as an EV transaction In order to maximise efficiency, Clearing Participants are requested to ensure insofar as possible the delivery of securities before 11.30 CET. In case Clearing Participants need to deliver after the 11.30 CET deadline, we again urge Clearing Participants to deliver to EuroCCP in our name via the “traspaso” option mentioned above. This will allow EuroCCP to turn the trades around and deliver to the buying entity, thus providing maximum protection and market efficiency. On ISD, before 14:00h CET, all EuroCCP delivery settlement instructions should be settled. Instructions that are not settled by this deadline, will be rejected by Iberclear. The rejected instructions will automatically be recycled by EuroCCP’s settlement agent. This means that the instructions will be resubmitted to Iberclear with the recyclement date as trade date and the recyclement date + 3 as settlement date. A recycled instruction will have the same trade reference number as the original instruction. Further settlement processing deadlines and details. Number of Clearing Days between the day the Statement of Authority Spain Addendum has been received by EuroCCP and the first day EuroCCP is able to process Registration Names mentioned on that Addendum: 2 Clearing Days. Deadline for delivery of the split information: The final split information uploaded via the web-based internet tool of EuroCCP’s settlement agent must be delivered on TD+1 before 18.00 CET. The split information should be sent to the following two email addresses: 1. [email protected] 2. [email protected] The split report should be send to both email addresses for contingency reasons. ____________________________________________________________________________________ Version: 02012015 4 EuroCCP Regulation Settlement European Central Counterparty N.V. Instructions that have been rejected by Iberclear on T+2 (unmatched) or T+3 (unsettled) will be recycled only once. If recycled instructions are rejected again by Iberclear, EuroCCP will execute a buy-in or cash compensation. SETTLEMENT SPECIFICS - UNITED KINGDOM & IRISH HOME MARKETS CREST participants can opt into the Euroclear UK & Ireland (EUI) “Direct Input” facility to allow settlement transactions to be created in a matched status without the need for bilateral matching instructions. To facilitate correct STP processing of settlements related to CREST participants who did NOT opt for direct input within Crest, the CREST participant must: 1) match within the settlement instruction the same “trade price” as EuroCCP, or leave the field “trade price” empty. 2) quote stamp status – “K - No SDRT liability & Irish exempt, net/aggregate transaction or assessed elsewhere” – within the transaction stamp status field of all matching settlement instructions versus EuroCCP Clearing Participants (or their Settlement Agents) are also required to set EuroCCP as their “Stamp Data Provider” (SDP) in CREST with ID EMCFNLKE to allow EuroCCP to act as such. This will help to avoid stamp reconciliation failures being reported by EUI to the Irish tax authorities. Participants wishing to discontinue using the service should inform EuroCCP in advance. Clearing Participants may also opt to perform all Strange Net scenarios in CREST (as opposed to “Directional” settlements – see section 4). 2 2.1 Partial settlement General EuroCCP and Clearing Participants can both send partial requests to each other. The Czech and Spanish segments are excluded. Partial requests will only be accepted taking the below deadlines into account. It is mandatory for Clearing Participants to follow the instructions to cancel and/or re-instruct, issued by EuroCCP in respect of the partial settlement process. The size of all Partial requests from EuroCCP towards the participant will have a minimum threshold of Euro 50.000 (other currencies equivalent of this amount) , the size of the partial requests from participants towards EuroCCP is optional. All partial requests should be sent to email address: [email protected] Table with deadlines (ALL TIMES ARE CET): MARKET START PARTIAL REQUESTS RECEIVED FROM CP’s DEADLINE PARTIAL REQUESTS RECEIVED FROM CP'S START PARTIAL REQUESTS SENT TO CP'S DEADLINE PARTIAL REQUESTS SENT TO CP'S THRESHOLD AUSTRIA 12:00 13:00 13:30 14:30 € 50.000,- BELGIUM CZECH REPUBLIC 12:30 14:00 14:45 15:15 € 50.000,- NO PARTIALS NO PARTIALS NO PARTIALS NO PARTIALS N/A ____________________________________________________________________________________ Version: 02012015 5 EuroCCP Regulation Settlement European Central Counterparty N.V. DENMARK AUTOPARTIALLING BY CSD AUTOPARTIALLING BY CSD AUTOPARTIALLING BY CSD AUTOPARTIALLING BY CSD N/A NETHERLANDS 12:30 14:00 14:45 15:15 € 50.000,- FINLAND 11:30 13:30 14:00 14:30 € 50.000,- FRANCE 12:30 14:00 14:45 15:15 € 50.000,- 1 € 50.000,- GERMANY 10:30 11:00 12:00 12:15 HUNGARY 12:00 12:30 13:30 14:00 IOB/US 13:00 $ 50.000,- AUTOSPLITTING AUTOSPLITTING N/A AUTOSPLITTING 14:00 AUTOSPLITTING AUTOSPLITTING 15:00 UK 12:00 AUTOSPLITTING AUTOSPLITTING AUTOSPLITTING N/A ITALY 14.00 14.30 15.00 15.30 € 50.000,- NORWAY 8:30 9:00 9:30 9:45 NOK 400.000,- PORTUGAL 11:30 12:30 13:30 14:30 € 50.000,- SPAIN NO PARTIALS NO PARTIALS NO PARTIALS NO PARTIALS SWEDEN 11:30 12:30 13:00 13:30 N/A SEK 1.000.000,- SWITZERLAND 11:00 12:00 13:00 14:00 CHF 50.000,- IRELAND 3 Shaping EuroCCP may request a Clearing Participant to shape a pending CSD settlement instruction. In the case of such a request by EuroCCP, it is mandatory for the Clearing Participant to honour the request by timely instructing the CSD (or their settlement agent) where the original settlement instruction needs to be cancelled and a new settlement instruction needs to be entered, as requested by EuroCCP. EuroCCP may request Clearing Participants to shape a settlement instruction as from T+1. Spanish settlement instructions will be excluded from shaping. The threshold for shaping will be a net settlement consideration of EUR 20 million (or the equivalent of this amount). EuroCCP will request shaping instructions to affected Clearing Participants by email, using the same email addresses which we have on file for the splitting process. Clearing Participants are obliged to cancel the original settlement instruction and to re-instruct the shapes as mentioned in the email before 15:00 CET. 4 Strange nets 4.1 Multilateral netting will result in one of the 9 following outcomes:2 Stock movement Cash movement 1 2 3 “Normal” purchase “Normal” sale Delivery with payment Receive Deliver Deliver Deliver Receive Deliver 1 EuroCCP may review requests for RTS settlements up until 16.00 hours (CET) on a reasonable endeavours basis. Please note that for the UK and Irish markets, strange net processing is processed in a different manner in the CSD. ____________________________________________________________________________________ 2 Version: 02012015 6 EuroCCP Regulation Settlement European Central Counterparty N.V. 4 5 6 7 8 9 Receive with payment Deliver stock with no cash Receive stock with no cash Deliver cash but no stock 0 Receive cash but no stock No stock or cash movement Receive Deliver Receive Receive 0 0 Deliver Receive 0 0 0 By default, EuroCCP will resolve scenario’s 3 to 9 by means of a directional net. In this case, all buys and sells will be netted “directional”, resulting in two settlement instructions. The scenarios 3, 4, 5 and 6 the strange net can also be resolved by means of a FOP, with or without a separate payment instruction. Please note that for technical reasons (different settlement operating model) this is not an option for the UK market. Therefore, for the UK market, these strange nets will always result in two directional settlements. For scenario’s 7, 8 and 9, the strange net can also be resolved by means of a cash settlement (or no settlement at all, for scenario 9) only. Latter means that no settlement instruction is send to the CSD. Since the alternative methods of resolving strange nets are not the default option, participants have to inform EuroCCP via an e-mail ([email protected]) detailing for which Trading Participant(s) and market segment(s) this option should become applicable. Furthermore the e-mail should also contain the payment details. It is possible to send us payment details per underlying client. Please note that EuroCCP will accumulate the results of all cash settlements and as such will only expect one payment or make one payment per Clearing or Trading Participant. This is depending on the requested set-up per Clearing or Trading Participant with regards to netting preferences. 4.2 Procedure for payments to EuroCCP In the case whereby Clearing Participants have to make a payment (on settlement day) to EuroCCP, the following payment instructions apply; 4.2.1 Czech Kornuna (CZK) Deutsche Bank AG Filiale Prag Account: 5013400006 (Tag 57): BIC DEUTCZPX (tag 58/59): IBAN CZ25791000000013400006 Beneficiary: EMCFNL2A 4.2.2 Danish Kronor (DKK) Danish National Banken, Copenhagen (Tag 57): DKNBDKKK (tag 58): EMCFNL2A 4.2.3 Euro (EUR) Cash correspondent: ABN AMRO CLEARING BANK BIC: ABNANL2A (tag 57): ABNCNL2A (tag 58/59) IBAN: NL88ABNC0246055286 Beneficiary: EMCFNL2A ____________________________________________________________________________________ Version: 02012015 7 EuroCCP Regulation Settlement European Central Counterparty N.V. 4.2.4 Great British Pound (GBP): HSBC Bank, London (Tag 57) BIC: MIDLGB22 (Tag 58/59): IBAN: GB14MIDL40051571564002 Attn. EMCFNL2A 4.2.5 Hungarian Forint (HUF) Deutsche Bank ZRt Account: 16300000-03002086-90006408 (First 8 digits can be left out) (Tag 57): BIC DEUTHU2B (tag 58/59) IBAN HU47163000000300208690006408 Beneficiary BIC: EMCFNL2A 4.2.6 Norwegian Kronor (NOK) Skandinaviska Enskilda Banken, Oslo Account: 9750 05 06788 (Tag 57): BIC ESSENOKX (Tag58): IBAN: NO6897500506788 Beneficiary BIC: EMCFNL2A 4.2.7 Swedish Kronor (SEK) (same account as EURO’s) ABN AMRO BANK N.V. BIC ABNANL2A (tag57): ABNCNL2A (tag 58/59) IBAN: NL88ABNC0246055286 Beneficiary: EMCFNL2A 4.2.8 Swiss Franc (CHF) SIX SIS, Zurich BP ID: NL100386 Account : 40358858 CHF Attn. EuroCCP. BIC: EMCFNL2A 4.2.9 US dollars (USD) Deutsche Bank Trust Company Americas, New York (Tag 56): BIC: BKTRUS33 (Tag 57) BIC: DEUTNL2A Account DB at Corr. Bank: 04-410-816 ATTN: European Central Counterparty N.V. (Tag 58/59) IBAN: NL08DEUT0265049156 Beneficiary: EMCFNL2A 4.3 Procedure for payments from EuroCCP. EuroCCP will make payments towards Clearing Participants with a value date being the settlement date. It is possible to instruct EuroCCP with different account numbers per underlying Trading Participant. ____________________________________________________________________________________ Version: 02012015 8 EuroCCP Regulation Settlement European Central Counterparty N.V. 5 EuroCCP SETTLEMENT ADDRESSES FOR SETTLEMENT INSTRUCTIONS 5.1 Settlement instructions for Securities: Austrian Securities: OeKB (Ostereichische Kontrollbank ) Rec/Del agent: OEKB 212500 Buyer/Seller: EMCFNL2A Place of settlement: OEKOATWW Belgium Securities: Euroclear Belgium Rec/Del agent: EGSP 29109 Beneficiary account: 24.60.55.286 Place of settlement: CIKBBEBB Czech Republic Securities: Deutsche Bank AG filiale Prag Rec/Del agent: DEUTCZPX Buyer/Seller: EMCFNL2A Beneficiary account: 5013400000 Place of settlement: STCUCZP1 Danish Securities: VP Rec/Del agent: EMCFNL2A Clearing Participant no.: 17500 Buyer/Seller: EMCFNL2A Beneficiary account: N/A Place of settlement: VPDKDKK International Depository Receipts: Euroclear Bank Rec/Del agent: DEUTNL2A Buyer/Seller: EMCFNL2A Beneficiary account: 15083 Place of settlement: MGTCBEBE Dutch Securities: Euroclear NL Rec/Del agent: EGSP 29109 Beneficiary account: 24.60.55.286 Place of settlement: NECINL2A Finnish Securities: Euroclear Finland Oy Rec/Del agent: EMCFNL2A Buyer/Seller: EMCFNL2A Beneficiary account: N/A Place of settlement: APKEFIHH ____________________________________________________________________________________ Version: 02012015 9 EuroCCP Regulation Settlement European Central Counterparty N.V. French Securities Euroclear France Rec/Del agent: EGSP 29109 Beneficiary account: 24.60.55.286 Place of settlement: SICVFRPP German Securities: Clearstream Banking Frankfurt Rec/Del agent: DAKV 8468 Beneficiary account: 21682400 Place of settlement: DAKVDEFF Hungarian Securities: Deutsche Bank ZRt, Budapest Field 95R: /KELR/0390 Buyer/Seller: EMCFNL2A Beneficiary account: 1203002086 Place of settlement: KELRHUHB Irish Securities: Euroclear UK & Ireland Rec/Del agent: CRST ECCP Place of settlement: CRSTGB22 Italian Securities Monte Titoli Rec/Del agent: CITIITMX Segregated account: 88102 Broker code: 88102 X-TRM code: 2989 Buyer/Seller: EMCFNL2A Beneficiary account: 1258279 (In order to facilitate pre matching, please quote our account number 1258279 at Citi Milan in field 97A::SAFE// of the Subsequence E1 Settlement Parties.) Place of settlement: MOTIITMM Luxembourg Depository receipts: Euroclear Bank Rec/Del agent: DEUTNL2A Buyer/Seller: EMCFNL2A Beneficiary account: 15083 Place of settlement: MGTCBEBE Norwegian Securities: Oslo Clearing ASA Rec/Del agent: ESSENOKX Buyer/Seller: EMCFNL2A Beneficiary account: 097500020736 Place of settlement: VPSNNOKK Portuguese Securities Interbolsa Rec/Del Agent: PARBFRPPXXX Buyer/Seller: EMCFNL2A Beneficiary account at BNP: 62757J Beneficiary account at Interbolsa: 801 ____________________________________________________________________________________ Version: 02012015 10 EuroCCP Regulation Settlement European Central Counterparty N.V. Place of settlement: IBLSPTPP Spanish Securities Iberclear Rec/Del agent: PARBESMXXX Buyer/Seller: EMCFNL2A Place of settlement: IBRCESMMSCL The instruction should contain the Registration name from which the securities are delivered or in which name the securities are received as specified in the split-report (see 1.13). Swiss Securities: SegaInterSettle Rec/Del agent: SCOM NL100386 Buyer/Seller: EMCFNL2A Place of settlement: INSECHZZ Swedish Securities: Euroclear Sweden AB Rec/Del agent: EMCFNL2A Buyer/Seller: EMCFNL2A Beneficiary account: N/A Place of settlement: VPCSSESS United Kingdom Securities: Euroclear UK & Ireland Rec/Del agent: CRST ECCP Place of settlement: CRSTGB22 US Securities: Euroclear Bank Rec/Del agent: DEUTNL2A Buyer/Seller: EMCFNL2A Beneficiary account: 15083 Place of settlement: MGTCBEBE ____________________________________________________________________________________ Version: 02012015 11 EuroCCP Regulation Settlement European Central Counterparty N.V.