Trading and Clearing Guide Eurex Repo - SecLend Market (CCP) for existing Eurex Repo Participants 1 1 WELCOME ...................................................................................................................................... 3 2 PARTICIPATION AT THE SECLEND MARKET (CCP) OF EUREX REPO GMBH ...................... 4 2.1 APPLICATION REQUIREMENTS ............................................................................................ 4 2.2 CONNECTION TO THE EUREX REPO TRADING SYSTEM.................................................. 4 2.3 REGISTRATION OF PERSONS .............................................................................................. 5 2.4 TRADING FEE MODEL ............................................................................................................ 6 3 CLEARING PARTICIPATION ......................................................................................................... 6 3.1 CAPITAL REQUIREMENTS ..................................................................................................... 7 3.2 CONTRIBUTION TO THE CLEARING FUND .......................................................................... 7 3.3 CLEARING ADMISSION AND ANNUAL FEES ....................................................................... 8 3.4 QUALIFIED CLEARING STAFF ............................................................................................... 8 3.5 CLEARING TRANSACTION FEES .......................................................................................... 8 3.5.1 TRANSACTION FEES...................................................................................................... 8 3.5.2 MAINTENANCE FEES ..................................................................................................... 9 3.5.3 SERVICE FEES ................................................................................................................ 9 3.6 TECHNICAL CONNECTION TO THE EUREX CLEARING SYSTEMS ................................. 10 3.7 ACCESS TO THE EUREX CLEARING SYSTEM .................................................................. 11 4 CLEARING & SETTLEMENT........................................................................................................ 11 4.1 SECURITIES ACCOUNT ....................................................................................................... 11 4.2 CASH ACCOUNTS ................................................................................................................. 11 4.3 TRI-PARTY COLLATERAL AGREEMENT – TPCA ............................................................... 12 4.4 FEE ACCOUNT ...................................................................................................................... 12 4.5 NETTING AND SHAPING ...................................................................................................... 12 4.6 „BUY-IN“ PROCESS ............................................................................................................... 12 5 REGISTRATION OF CLEARING CONTACTS ............................................................................. 13 6 REPORTING .................................................................................................................................. 13 7 SIMULATION ................................................................................................................................. 14 8 CHECKLIST................................................................................................................................... 15 9 FURTHER INFORMATION AND GUIDELINES ........................................................................... 17 10 CONTACT.................................................................................................................................... 18 2 1 Welcome Thank you for your interest in Eurex Repo! We are pleased to provide you with a guideline which will accompany you on your way to participation at Eurex Repo- SecLend Market (CCP). Eurex Repo - SecLend Market (CCP) is an extension of the already existing markets of Eurex Repo. The legal basics regarding Eurex Repo trading can be found in the “Terms and Conditions for Participation and Trading on Eurex Repo GmbH” and for the Clearing Membership in the “Clearing Conditions of Eurex Clearing AG”. Eurex Repo GmbH is a 100% subsidiary of Eurex Frankfurt AG, which in turn is a 100% subsidiary of Deutsche Börse AG. Furthermore, Eurex Repo is a market place under private law and is not a stock exchange subject to public law. Eurex Clearing AG, a 100% subsidiary of Eurex Frankfurt AG, acts as central counterparty for the Eurex Repo markets. After the conclusion of every transaction, by novation it is transferred to Eurex Clearing AG. Therefore a General-Clearing Member (GCM) license, Direct-Clearing-Member (DCM) license or a Specific Lender License is necessary when participating at Eurex Repo SecLend Market (CCP). Kind regards, Your Eurex Repo Account Management 3 2 Participation at the SecLend Market (CCP) of Eurex Repo GmbH 2.1 Application Requirements A Participation Authorization can be granted for the Euro Repo Market, GC Pooling Market and/or SecLend (CCP) Market. The functional set-up (registration) for the SecLend Market (CCP) can only take place once certain requirements are fulfilled. Besides the minimum requirements for all participants pursuant to No. 2.1 of the Terms and Conditions for Participation and Trading on Eurex Repo GmbH one of the following two conditions must be fulfilled. 1. „Full Clearing Member of Eurex Clearing AG“: Must be chosen, if you participate as Clearing Member for Euro Repo and GC Pooling transactions. It is possible either as GeneralClearing Member Securities Lending or as or a Direct-Clearing-Member Securities Lending. 2. Specific Lender License Holder: Is only possible for loans vs. non-cash collateral (pledge). It cannot be combined with other Clearing Licenses (for example Eurex Repo for Euro Repo and GC Pooling Market, Eurex Derivatives or Frankfurt Stock Exchange). However, an application as Specific Lender License Holder is possible in connection with a GC Pooling Select Specific Repo License. In general, at the beginning of the admission process it is necessary to know whether you wish to act as Lender and/or Borrower. Furthermore, you need to contact in advance the trading counterparty with which you wish to be bilaterally connected. The counterparty must have the same Triparty Collateral Agent as you have (Clearstream Luxembourg or Euroclear), in case of non-cash Principal Collateral. In terms of Principal Collateral eligibility schedules, you can choose if you want to accept the whole universe of Eurex Clearing eligible Principal Collateral or if you wish to be more restrictive (see www.eurexclearing.com > Cleared Markets > Securities Lending for details). In the latter case you need to agree bilaterally with your counterparties on the individual Principal Collateral eligibility. This does not apply to participants using Principal Cash Collateral only. 2.2 Connection to the Eurex Repo trading system The requirements for participation in trading at the Euro Repo Market, GC Pooling Market and SecLend (CCP) are identical. No further steps are necessary if you already have a connection to the Euro Repo Market and the GC Pooling Market. The same applies for the connection to the CCP. If you don’t have a technical connection to the Eurex Repo Trading System yet, the following connection alternatives are available (summary overview): 4 => Eurex Repo Trading Connectivity via VPN connection (minimum 128kb) => Eurex Repo Trading Connectivity via Leased Line => Eurex Repo Trading Connectivity via Web Based Access through Deutsche Börse AG => Eurex Repo Trading Connectivity via Web Based Access through the company Oraise If you are interested in any of the connection alternatives please contact your Repo Account Management Team who can provide contact persons: Eurex Repo Account Management Bettina Kilian T + 49-(0) 69-211-13183 Simon Gzyl T + 49-(0) 69-211-13294 2.3 Registration of Persons All participants are obliged to request an individual access code (Log-on) for each person (trader, system manager) who shall have access to the system. The participants can apply for Log-ons with limited (read-only) or complete (trading-) functionality for the simulation as well as for the production environment. Log-ons for the trading functionality can only be applied for in connection with the submission of an application for registration as trader. Please therefore provide the “Application for Registration as Trader on Eurex Repo GmbH” and the “Reference Data Sheet Trader”. Your Relationship Manager will hold the Trader Training on your premises. Please note: Log-on IDs with “read-only authorisation“ can be ordered at any time with the „Info User of Eurex Repo GmbH“ form. The number of log-on IDs is unlimited and free of charge. After application, Eurex Repo will send the log-on details via post to the central contact person in your company. 5 2.4 Trading fee model Following please find the Fee Model for transactions in the SecLend Market (CCP) SecLend Market (CCP) Fee per transaction (in bp) 1,00 Minimum Fee per transaction in € 10,00 Fee for modification of transactions in € 10,00 Annual Fee in € 10.000,- Fees are calculated on an Actual/360 basis. All currency details are in EUR Please note for all Fee Models: The annual fee can not be proportionally adjusted when admitted during the course of the year and must therefore always – according to the fee model – be paid in full amount. If an annual fee has already been paid for the Euro Repo-/GC Pooling Market, an additional annual fee for SecLend will not be charged. 3 Clearing Participation For the clearing of Securities Lending Transactions the following Clearing Licenses of Eurex Clearing AG are available: => General-Clearing Member Securities Lending or => Direct-Clearing-Member Securities Lending or => Specific Lender License ("Pledge of collateral securities" only) * A Specific Lender License Holder is exempted of the provision of margins, contribution to the clearing fund or the annual provision of evidence of the company’s liable equity capital or equivalent own funds. A combination with other Clearing Licenses (i.e. Eurex Derivatives) is – with the exception of the Specific Repo License – not possible. As already mentioned, in case of non-cash Principal Collateral it is necessary that a bilateral agreement regarding the Triparty Collateral Agent and Principal Collateral Eligibily Profile(s) has already been reached with the counterparties. This information must be available at the time of the application. * not applicable to already existing Clearing Members 6 3.1 Capital Requirements Basically the following minimum requirements apply: Proof of Liable Equity Capital Contribution to the Clearing Fund GCM - Repo 200 Mio. EUR 5 Mio. EUR DCM - Repo 50 Mio. EUR 1 Mio. EUR GCM - SecLend 200 Mio. EUR 5 Mio. EUR DCM - SecLend 50 Mio. EUR 1 Mio. EUR License Holders of a Specific Lender License are excluded from the evidence of the company’s liable equity capital. Example: The minimum requirement for a SecLend General Clearer is EUR 200 Mio liable equity capital. If an enterprise already holds a Derivatives General Clearing License and has provided the minimum requirement of EUR 50 Mio liable equity capital, the company must additionally provide EUR 200 Mio for a SecLend Clearing License. That means a total of EUR 250 Mio needs to be provided. An addition of the required amounts takes place. Irrespective of the aforementioned minimum requirements of the liable equity capital of a participant, the actual level of liable equity capital to be proven and maintained is either twenty percent of the 30-day average of the “Additional Margin and - if a Derivatives Clearing License exist – Futures Spread Margin Requirement” or twenty percent of the 250-day average of the “Additional Margin and - if a Derivatives Clearing License exist – Futures Spread Margin Requirement” of the respective Clearing Member, whereof the higher amount applies. In case the liable equity capital calculated by Eurex Clearing AG exceeds the actual level of liable equity capital to be proven and maintained in the balance sheet, the clearing member is obligated to deposit the remaining amount (so called “Company Capital) in the form of collateral (cash or securities) on a special securities account in favour of Eurex Clearing AG. 3.2 Contribution to the Clearing Fund Collateral which has already been submitted in the context of other Clearing Licenses is taken into account and an additional separate contribution for SecLend transactions is not necessary. The Total Margin Requirement calculated for other risk positions also applies to SecLend transactions. 7 Due to the dynamic calculation a quarterly check is done whether there is a difference between the Minimum contribution to the Clearing Fund (for GCM EUR 5 Mio and for DCM EUR 1 Mio) and 2% of the average Total Margin Requirement of the last 30 or 250 days. If this is the case, then the difference needs to be additionally contributed to the Clearing Fund. Holders of a Specific Lender License do not need to contribute collateral to the Clearing Fund. 3.3 Clearing Admission and Annual Fees New Clearing Members for SecLend Market which act as General-Clearing-Member (GCM) or Direct-Clearing-Member (DCM) do not pay a one-time admission or an annual fee. If you already hold other Clearing Licenses (i.e. Derivatives), the Securities Lending Clearing License is also free of charge. Enterprises holding a Specific Lender License are also exempted from the one-time admission or an annual fee. 3.4 Qualified Clearing Staff In addition to the already registered Qualified Clearing Staff (QCS) who has successfully passed the Clearer Test for the Basis and Repo Module, the QCS also needs to pass the SecLend Module Test. 3.5 Clearing Transaction Fees 3.5.1 Transaction Fees For the processing of opening and closing transactions and for the daily mark to market of open Securities Lending Transactions, fees according to the below-listed table shall be charged: Clearing Fees for Securities Lending Opening Transactions Transactions Fixed Fee per Transaction Transaction Currency EUR EUR 2.00 Transaction Currency USD USD 3.00 Clearing Fees for Securities Lending Closing Transactions 8 Transactions Fixed Fee per Transaction Transaction Currency EUR EUR 2.00 Transaction Currency USD USD 3.00 Clearing Fees for Mark to Market of open Securities Lending Transactions Transactions Fixed Fee per Open Transaction per Calendar Day Transaction Currency EUR EUR 0.20 Transaction Currency USD USD 0.30 3.5.2 Maintenance Fees For the maintenance of open Securities Lending Transactions ECAG shall charge fees for each day a Securities Lending Transaction is open. A value-based fee shall be charged according to the following table: Maintenance Fees for Open Securities Lending Transactions Transactions Value-Based Fee per Open Transaction Transaction Currency EUR 0.01 % p.a. Transaction Currency USD 0.01 % p.a. 3.5.3 Service Fees A fixed fee shall be charged per cancellation of an opening transaction. Service Fees for Securities Lending Transactions Service Fixed Fee per Transaction Cancellation Transaction EUR 20.00 A fixed fee shall be charged per Securities Lending Transaction and per month for the calculation and payment of Lending Fees and Rebates. The total fee amount per month will be limited. Service Fees for Securities Lending Transactions 9 Service Fixed Fee per Transaction per Month Maximum Fee Amount per Clearing Member per Month Calculation and Payment of Lending Fees and Rebates EUR EUR 2.00 1,000.00 A fixed fee shall be charged for each adjustment of the Lending Fee or Rebate (Re-rate) of a Securities Lending Transaction. The total fee amount per month will be limited. Service Fees for Securities Lending Transactions Service Fixed Fee per Rerate Maximum Fee Amount per Clearing Member per Month Re-rate Transaction EUR EUR 0.50 1,000.00 A fixed fee shall be charged per Securities Lending Transaction for each cash distribution triggered by a corporate action on the loan securities pursuant to Chapter IX Number 2.4.1 (1) of the Clearing Conditions. The total fee amount per month will be limited. Service Fees for Securities Lending Transactions Service Fixed Fee per Cash Distribution and Transaction Maximum Fee Amount per Clearing Member per Month Corporate Action: Cash Compensation EUR EUR 2.00 1,000.00 Please find further information in the price list for Eurex Clearing AG on the website: www.eurexclearing.com > Resources > Rules & Regulations > Price List 3.6 Technical Connection to the Eurex Clearing Systems If you already have a connection to the CCP no further steps are necessary. For the connection to Eurex Clearing AG, participants have the choice of a leased line, internet line or an internet application without an own server installation. If a leased line is chosen an additional leased line as backup is necessary. The back-up leased line must have an identical bandwidth as the original line and can be a leased line or an internet line. Participants which already have an existing leased line for the connection to the CCP/Eurex Clearing System can use this connection if sufficient bandwidth capacity is available. Specific Lenders only need access to the Common Report Engine, no further technical connection is necessary. If you are interested in any of the connection alternatives please contact your Repo Account Management Team who can help you with contact persons: Eurex Repo Account Management Bettina Kilian T + 49-(0) 69-211-13183 Simon Gzyl T + 49-(0) 69-211-13294 10 3.7 Access to the Eurex Clearing System Access to the Eurex Clearing System (CCP-GUI „@X-pert” and Clearing-GUI „@X-tract”) remains unchanged if a clearing license already exists. The same applies to hardware and software requirements and the connection procedure through WebTrading. 4 Clearing & Settlement The following requirements apply to a „Full“ Clearing License Securities Lending as well as to a Specific Lender license: 4.1 Securities Account The following securities settlement accounts (depending on the choice of Loan Securities) are needed: For German Loan Equities: Clearstream Banking Frankfurt (CBF) and the respective 6-series account and/or For Swiss Loan Equities: SegaInterSettle Zurich (SIX SIS) and/or for ESES Loan Equities from Belgium, France and the Netherlands: ESES – Euroclear Settlement Account for Euronext-zone Securities A CBF (I) account needs to be provided for German, Swiss and ESES Loan Equities from all participants regardless of the respective Clearing License. For Fixed Income Loan Securities the following securities settlement accounts are needed: • Euroclear Bank SA/NV or • Clearstream Banking Luxembourg (CBL) or • Clearstream Banking Frankfurt Int. [CBF(I)] – „6-series“ 4.2 Cash Accounts For Cash Settlement of the SecLend transactions on the loan securities and the cash collateral side the following cash accounts are needed: 11 EUR: TARGET2 account at a national central bank within the Eurozone. CHF: Account at the Swiss National Bank (SNB) USD: Account at a payment bank recognized by Eurex Clearing AG (Bank of America, Citigroup, Deutsche Bank Trust Company Americas (DBTCA), HSBC Bank USA N.A., JP Morgan Chase Bank London, Bank of New York Mellon) Specific Lenders have also the option to deliver multicurrency accounts at CBF(I), CBL or Euroclear Bank instead. Specific-Lender-License Specifics Participants with a Specific-Lender-License may not submit collateral in form of cash (CashCollateral) so that the above mentioned cash accounts are only relevant respectively necessary for cash settlement on the Securities (Loan-) side. 4.3 Tri-Party Collateral Agreement – TPCA Besides the necessary securities settlement accounts for the loan side, a Tri-Party Collateral Agreement must be concluded with a Tri-Party Collateral Agent for the Non-Cash collateral side (Principal Collateral) of the loan securities transactions. Possible Tri-Party Collateral Agents are Clearstream Banking Luxembourg and/or Euroclear Bank SA/NV, Brussels. The counterparty with whom you wish to trade on SecLend must have accounts with the same TriParty Collateral Agent as yourself. Additionally, you must agree with your counterparty on so-called Collateral Eligibility Profiles which define the acceptable securities to be used as collateral for the loan securities transactions, as described in 2.1 Application Requirements. 4.4 Fee Account The fee account remains unchanged if a clearing license already exists. 4.5 Netting and Shaping Please be informed that neither Settlement Netting nor Shaping takes place for transactions in the SecLend Market (CCP). 4.6 „Buy-In“ Process The following description of the buy-in process only applies to the Loan Securities of the Lender but not for collateral which the Lender receives. It cannot be initiated through the Eurex Repo Trading System but only through Eurex Clearing AG 12 • Fixed-Term Loan: Eurex Clearing initiates automatically a so-called Buy-In for the following day if the loan stays open for 3 days after the contractual settlement date of the closing leg. • Open-Term Loan: Eurex Clearing only performs a so-called Buy-In upon written application of the Lender. For more details regarding the Buy-In Process and the requirements please refer to the Clearing Conditions. www.eurexclearing.com > Resources > Rules & Regulations > Clearing Conditions 5 Registration of Clearing Contacts Please register the following Clearing Contacts which are an admission requirement for the Clearing License Securities Lending in the Web Portal of Deutsche Börse (Member Section). Please set-up contacts for the following functions : • • • • • • • • • • • Buy-In Cash Management Collateral Management Corporate Actions General Management Income Operations Risk Management Settlement Operations Default Management Process (DMP) Coordinator Default Management Process (DMP) Coordinator Deputy Compliance Contact 6 Reporting The following additional CCP Reports are available for SecLend Transactions: • • • • • • • 13 CL165 Manufactured Payment Statement (Provides manufactured payments deriving from income Corporate Action events related to all loans affected by the event) CL300 Rebate Lending Fee (Contains all rebate and lending fee information for the current billing period) CL200 Loan MTM (Contains the related Mark to Market calculation results per loan out of the last Mark to Market calculation) CL260 Loan Obligations (Contains all loans where the term leg has not yet settled fully) CL290 Street View Records (Summarizes single allocation view trades to one street view record) TL100 Loan Confirmations (Contains loan confirmations due to new loan requests or (partial) re-allocations and cancellations) TL750 Exposure Reference (Contains all loans versus non-cash collateral having an exposure ID from the Tri-party Collateral Agent) • • TL760 Loan Maintenance (Contains changes of loans where the term leg has not yet settled fully) TL770 Loan Returns (Contains received recalls, returns and related Buy-in requests and the related withdrawals) Further information regarding the reports can be found under www.eurexclearing.com > log-in to the Member Section > Clearing Resources > Releases > CCP Releases > CCP 8.0 > Functional Manuals > CCP Release 8.0 Description of Reports Formatted Layout 7 Simulation In order to become acquainted with the trading system and the trading applications of Eurex Repo as well as the Clearing System of Eurex Clearing AG, Eurex Repo offers a test- and simulation environment. There you have the possibility, to enter test trades and – if you already have your connection to Eurex Clearing AG in place – you will also receive the assigned reports for the test trades. A calendar with possible simulation days in the trading system can be found in the Web under: www.eurexrepo.com > Infocenter > Publications > Euro Repo/GC Pooling Market For further questions regarding simulation please don’t hesitate to contact our functional helpdesk: T +41 (0) 43 430 72 20 F +41-(0) 43 430 72 75 E-Mail: [email protected] 14 8 Checklist Please note that the checklist may not be complete. Depending on your individual set-up or system configuration possibly further forms and/or proof may be required. For further questions, please do not hesitate to contact your Eurex Repo Account Manager. No Proof and Forms 1 Triparty Collateral Management Form 2 Application for Admission as Participant at Securities Lending 3 Application for the Granting of a Clearing License of Eurex Clearing AG for Securities Lending Clearing Agreement (Eurex Clearing AG/ Clearing Member) 4 5 6 7 Only for companies with a Specific Lender License: Clearing Agreement for Securities Lending Transactions with the Holder of a Specific Lender License Application for Set-up/Deletion/Change of Custody Accounts and Clearer Cash Accounts Application for Set up/Deletion/Change of CCP Settlement Accounts for Securities Lending Triparty-Collateral Agreement regarding Principal Collateral with Clearstream Banking Luxembourg consisting of: a) Side letter Clearstream Banking S.A. for Collateral Receivers b) Side letter Clearstream Banking S.A. for Collateral Givers c) Appendix A – Clearstream Banking S.A. incl. Collateral Management Service Agreement (CMSA) d) Clearstream Pledge Agreement – Lender CM e) Triparty Collateral Agent – Power of Attorney – Clearstream Banking Luxembourg and/or Euroclear Bank SA/NV consisting of: a) Tri-party collateral management Agreement ba) Side letter – Euroclear Bank c) Euroclear Pledge Agreement (Lender CM) d) Power of Attorney – Euroclear Bank 15 Done 8 Only for companies with a Specific Lender License: Clearstream Banking Luxembourg a) Clearstream Pledge Agreement – Specific Lender b) Side letter Clearstream Banking S.A. for Collateral Receivers c) Appendix A – Clearstream Banking S.A. incl. Collateral Management Service Agreement (CMSA) d) Triparty Collateral Agent – Power of Attorney – Clearstream Banking Luxembourg and/or 9 10 Euroclear Bank SA/NV a)Tri-party Collateral Management Agreement b) Side letter – Euroclear Bank c) Euroclear Pledge Agreement (Lender CM) d) Power of Attorney – Euroclear Bank If not existing and yet set-up: Power of Attorney for Clearstream Banking Frankfurt and/or Clearstream Banking Luxembourg and/or SegaInterSettle Zurich (SIX SIS) and/or Euroclear Belgium, France, Netherlands If not existing and yet set-up: Target2 Form 2002 Power of Attorney for the account at Swiss National Bank (SNB) Power of Attorney for an account of a payment bank recognized by Eurex Clearing AG (Bank of America,Citibank N.A., Deutsche Bank Trust Company Americas (DBTCA), HSBC Bank USA N.A., JP Morgan Chase N.A., Bank of New York Mellon) For Specific Lenders alternatively multicurrency cash accounts at, CBF(I), CBL or Euroclear Bank with Power of Attorney respectively for Eurex Clearing AG 11 Request for Settlement Account Settings for Securities Lending (Form) 12 Securities Lending TriParty Collateral Management (Form) 16 9 Further information and guidelines • Terms and Conditions for Participating and Trading on Eurex Repo GmbH www.eurexrepo.com > Info Center > Publications > Euro Repo/GC Pooling Market • Clearing Conditions of Eurex Clearing AG www.eurexclearing.com > Resources > Rules & Regulations > Clearing Conditions • Clearstream Functional Service Description Please contact you Clearstream Sales Manager 17 10 Contact For any further questions please do not hesitate to contact us at any time. Eurex Repo Account Management Bettina Kilian T + 49-(0) 69-211-13183 [email protected] Simon Gzyl T + 49-(0) 69-211-13294 [email protected] Eurex Clearing CCP T +49 (0)69-211-11940 F +49 (0)69-211-11401 [email protected] Eurex Clearing Risk Operations T +49 (0)69-211-12452 F +49 (0)69-211-18440 [email protected] Eurex Repo Functional Helpdesk T +41(0)43 430 72 20 F +41(0)43 430 72 75 [email protected] Eurex Repo Technical Helpdesk T +41 (0)43 430 72 40 F +41 (0)43 430 72 80 [email protected] Clearstream Banking Global Securities Financing – Sales 42 Avenue JF Kennedy L - 1855 Luxembourg Heidi Reiles T +352-243-36361 [email protected] Carsten Hiller T +49-69-211-12757 [email protected] Gösta Feige T +352-243-32394 [email protected] www.eurexrepo.com 18 www.clearstream.com
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