2017R0392 - Summary
COMMISSION DELEGATED REGULATION (EU) 2017/392 of 11 November 2016 supplementing Regulation (EU) No 909/2014 of the European Parliament and of the Council with regard to regulatory technical standards on authorisation, supervisory and operational requirements for central securities depositories (Text with EEA relevance)
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🇫🇷 French Version: 2017R0392_FR.0. Open the PDF. Direct link to EUR-LEX.
Références LVL1 <=> LVL2
Article 1 - Definitions
Article 2 - Determination of most relevant currencies
Article 3 - Practical arrangements for the consultation of the relevant authorities referred to in Article 12(1)(b) and (c) of Regulation (EU) No 909/2014
Article 4 - Identification and legal status of applicant CSDs
Article 5 - General information concerning policies and procedures
Article 6 - Information concerning services and activities of the CSD
Article 7 - Information concerning groups
Article 8 - Financial reports, business plan, and recovery plan
Article 9 - Organisational chart
Article 10 - Staffing policies and procedures
Article 11 - Risk monitoring tools and governance arrangements
Article 12 - Compliance, internal control and internal audit functions
Article 13 - Senior management, management body and shareholders
Article 14 - Management of conflicts of interest
Article 15 - Confidentiality
Article 16 - User committee
Article 17 - Record-keeping
Article 18 - Goals and objectives
Article 19 - Handling of complaints
Article 20 - Requirements for participation
Article 21 - Transparency
Article 22 - Communication procedures with participants and other market infrastructures
Article 23 - Book-entry form
Article 24 - Intended settlement dates and measures for preventing and addressing settlement fails
Article 25 - Integrity of the issue
Article 26 - Protection of participants’ and their clients’ securities
Article 27 - Settlement finality
Article 28 - Cash settlement
Article 29 - Participant default rules and procedures
Article 30 - Transfer of participants and clients’ assets in case of a withdrawal of authorisation
Article 31 - Legal risks
Article 32 - General business risks
Article 33 - Operational risks
Article 34 - Investment policy
Article 35 - Capital requirements
Article 36 - CSD links
Article 37 - Access rules
Article 38 - Request for additional information
Article 39 - Criteria for participation of a CSD
Article 40 - Information to be provided to the competent authority
Article 41 - Periodic information relevant for the reviews
Article 42 - Statistical data to be delivered for each review and evaluation
Article 43 - Other information
Article 44 - Information to be supplied to the authorities referred to in Article 22(7) of Regulation (EU) No 909/2014
Article 45 - Exchange of information between the competent authorities referred to in Article 22(8) of Regulation (EU) No 909/2014
Article 46 - Content of the application
Article 47 - Risk monitoring tools of CSDs
Article 48 - Risk monitoring committees
Article 49 - Responsibilities of key personnel in respect to the risks
Article 50 - Conflicts of interest
Article 51 - Audit methods
Article 52 - Sharing audit findings with the user committee
Article 53 - General requirements
Article 54 - Transaction/settlement instruction (Flow) records
Article 55 - Position (Stock) records
Article 56 - Ancillary Services Records
Article 57 - Business Records
Article 58 - Additional records
Article 59 - General reconciliation measures
Article 60 - Reconciliation measures for corporate actions
Article 61 - Reconciliation measures for the registrar model
Article 62 - Reconciliation measures for the transfer agent model
Article 63 - Reconciliation measures for the common depository model
Article 64 - Additional measures where other entities are involved in the reconciliation process
Article 65 - Problems related to reconciliation
Article 66 - General operational risks and their assessment
Article 67 - Operational risks that may be posed by key participants
Article 68 - Operational risks that may be posed by critical utilities and critical service providers
Article 69 - Operational risks that may be posed by other CSDs or market infrastructures
Article 70 - Operational risk-management system and framework
Article 71 - Integration of and compliance with the operational and enterprise risk-management system
Article 72 - Operational risk-management function
Article 73 - Audit and testing
Article 74 - Mitigation of operational risk through insurance
Article 75 - IT tools
Article 76 - Strategy and policy
Article 77 - Business impact analysis
Article 78 - Disaster recovery
Article 79 - Testing and monitoring
Article 80 - Maintenance
Article 81 - Highly liquid instruments with minimal market and credit risk
Article 82 - Appropriate timeframe for access to assets
Article 83 - Concentration limits to individual entities
Article 84 - Conditions for the adequate protection of linked CSDs and of their participants
Article 85 - Monitoring and management of additional risks resulting from the use of indirect links or intermediaries to operate CSD links
Article 86 - Reconciliation procedures for linked CSDs
Article 87 - DVP settlement through CSD links
Article 88 - Receiving and requesting parties
Article 89 - Risks to be taken into account by CSDs and competent authorities
Article 90 - Procedure
Article 91 - CSDs offering banking-type ancillary services themselves
Article 92 - CSDs offering banking-type ancillary services through a designated credit institution
Article 93 - Specific requirements
Article 94 - Standard forms and templates for the application
Article 95 - Transitional provisions
Article 96 - Entry into force and application
Annex I - Details to be included in the application for recognition of third-country CSDs
Annex II - CSD ancillary services records
Annex III - Templates for application by a CSD to designate a credit institution or to provide banking-type ancillary services