ESMA_QA_661

Status: ⏳ Pending / Forwarded to EC

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Regulatory Context

Level 1 Regulation: Regulation 648/2012 - OTC derivatives, central counterparties and trade repositories (EMIR) - CCPs Level 2 Regulation COMMISSION DELEGATED REGULATION (EU) No 153/2013 Regulatory technical standards on requirements for central counterparties

Topic: EU-CCPs

Subject Matter: Collateral requirements and recording of client assets (old CCP question 2 dated 20/03/2013)

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Question

Submission Date: 13-01-2023

What is the requirement on a CCP for the recording of financial instruments posted to it as margins, default fund contributions or contributions to other financial resources? Is it possible for a CCP to record the value assigned to financial instruments post-haircut?

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ESMA Answer

Article 46(1) of EMIR sets out the purpose of haircuts by making reference to the ‘potential’ for the value of the assets posted as collateral to decline. In order to adequately apply haircut requirements set-out in Article 46(1), a CCP needs to have procedures enabling the record of the pre-haircut value of financial instruments actually posted to the CCP by clearing members for their own account or the account of their clients. This is consistent with recording requirements set out in Article 14(3) of Commission Delegated Regulation No 2013/153. This concept is therefore not compatible with a situation where the CCP would have procedures providing for just the record of this post-haircut value and where it would routinely impose such a decline in full in respect of every financial instrument that is posted to the CCP at the expense of clients.

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This document was automatically extracted from the ESMA EMIR Q&A database.