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Oslo Clearing ASA Self Assessment ESCB-CESR Recommendation

Oslo Clearing ASA Self Assessment ESCB-CESR Recommendation

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<strong>Oslo</strong> <strong>Clearing</strong> reserves the right to require documentation about the operational<br />

capacity of the applicant.<br />

Does a CCP establish requirements for clearing members to participate in default<br />

management processes of OTC derivatives to ensure timely resolution of a large and<br />

complex portfolio?<br />

<strong>Oslo</strong> <strong>Clearing</strong> does not require that members participate directly in the default<br />

management process.<br />

2. Does the CCP monitor that participation requirements are met on an ongoing<br />

basis? If so, how? Through access to regulatory reports or directly? Are reports<br />

sufficiently timely to be useful for monitoring purposes? Under what conditions can<br />

the CCP suspend and terminate participants' membership? What arrangements does<br />

the CCP have in place to facilitate the suspension and orderly exit of participants that<br />

no longer meet the participation requirements?<br />

Does the CCP monitor that participation requirements are met on an ongoing basis? If<br />

so, how? Through access to regulatory reports or directly? Are reports sufficiently<br />

timely to be useful for monitoring purposes?<br />

<strong>Oslo</strong> <strong>Clearing</strong> requires that the clearing members meet participants requirements on<br />

an ongoing basis, and requires that the members submit, by the end of the calendar<br />

month in which it regularly files such information to the competent authorities, a<br />

summarised statement of the size of its regulatory capital (both nominal amount and<br />

as a percentage of risk-weighted total assets) together with a statement of the<br />

composition of its regulatory capital.<br />

Further, the clearing member is obliged to inform <strong>Oslo</strong> <strong>Clearing</strong> of any circumstance<br />

that creates a risk that it no longer will comply with the regulatory requirements or be<br />

able to meet the financial requirements. However, the collateralisation of the margin<br />

requirement will ensure that <strong>Oslo</strong> <strong>Clearing</strong> at all times covers the expected risk in the<br />

member's positions submitted for clearing.<br />

Based on the regular flow of information, with the possibility to require additional<br />

information, <strong>Oslo</strong> <strong>Clearing</strong> is in a position not only to monitor that participation<br />

requirements are met, but also assess the inherent risk of any individual clearing<br />

member.<br />

Under what conditions can the CCP suspend and terminate participants' membership?<br />

<strong>Oslo</strong> <strong>Clearing</strong> can suspend a clearing member or terminate its membership if it is in<br />

breach of the provisions of the Rulebooks. Further details on the default procedures<br />

are provided in this document under <strong>Recommendation</strong> 6 - Default Procedures.<br />

What arrangements does the CCP have in place to facilitate the suspension and<br />

orderly exit of participants that no longer meet the participation requirements?<br />

The Rulebooks regulate the orderly exit of participants. The clearing member may<br />

terminate its clearing membership with two (2) weeks notice. <strong>Oslo</strong> <strong>Clearing</strong> may also<br />

terminate the clearing membership, however this will most likely occur in conjunction<br />

with a default situation.<br />

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