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Oslo Clearing ASA Self Assessment ESCB-CESR Recommendation

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For the settlement process between <strong>Oslo</strong> <strong>Clearing</strong> and its clearing members, <strong>Oslo</strong><br />

<strong>Clearing</strong> relies on settlement systems VPO for the equity and derivatives segment and<br />

<strong>Oslo</strong> C NOK for the derivatives segment, that involve the settlement system and<br />

funds available at Norges Bank. <strong>Oslo</strong> <strong>Clearing</strong> maintains settlement accounts with<br />

Norges Bank. Settlement of financial instruments, including equity trades and<br />

physical deliveries in derivative contracts, are performed through VPO, while daily<br />

market settlements in cash for the derivatives segment is performed through <strong>Oslo</strong> C<br />

NOK, which makes use of NBO.<br />

The settlement process to the next tier, i.e. the end client level, relies on commercial<br />

bank arrangements.<br />

<strong>Oslo</strong> <strong>Clearing</strong> maintains liquidity facilities with commercial banks, however, <strong>Oslo</strong><br />

<strong>Clearing</strong> has also access to central bank credit to perform its obligations.<br />

2. Do the CCP’s legal agreements with its settlement agent(s) provide that funds<br />

transfers to its accounts are final when effected? Do the CCP’s regulatory, contractual<br />

and legal frameworks clearly define the moment when the CCP’s and clearing<br />

participants’ reciprocal payment obligations are extinguished? Do the laws of the<br />

relevant jurisdictions support these provisions? Do the payment systems for the<br />

currencies used support intraday finality? Does the CCP routinely confirm that funds<br />

transfers have been effected as and when required by those agreements? Is the<br />

payment system used by a CCP safe and sound and does it observe the CPSIPS?<br />

For the equity segment, <strong>Oslo</strong> <strong>Clearing</strong> participates directly in VPO which is authorised<br />

pursuant to Section 4-1 of the Act on payment systems and implements in Norwegian<br />

law the provisions of Directive 98/26/EC on Settlement Finality in Payment and<br />

Securities Settlement Systems. <strong>Oslo</strong> <strong>Clearing</strong> does not make use of settlement<br />

agents.<br />

The reciprocal payments obligations between <strong>Oslo</strong> <strong>Clearing</strong> and its clearing members<br />

are considered extinguished when settled against the VPO LOM of the settlement<br />

bank appointed by the clearing member for settlements within VPO.<br />

For the derivatives segment, <strong>Oslo</strong> <strong>Clearing</strong> its settlement system <strong>Oslo</strong> C NOK to<br />

perform cash settlement of the daily market settlement (futures), premium and fees.<br />

<strong>Oslo</strong> C NOK relies on the Norwegian Central Bank settlement system for cash<br />

settlement (NBO) <strong>Oslo</strong> C NOK has approval from Finanstilsynet in accordance with<br />

section 4, of the act on payment systems, which implements the provisions of<br />

Directive 98/26/EC on Settlement Finality in Payment and Securities Settlement<br />

Systems. <strong>Oslo</strong> C NOK is supervised by Finanstilsynet.<br />

<strong>Oslo</strong> <strong>Clearing</strong> has settlement systems for the daily market settlement (futures),<br />

premium and fees in other currencies (SEK, DKK, EUR). These systems are currently<br />

inactive.<br />

The commercial banks support intraday finality, as there is a simultaneous cash<br />

settlement for all deposit accounts in the settlement system once a day, with the<br />

effects described above.<br />

<strong>Oslo</strong> <strong>Clearing</strong> routinely confirms that funds transfers through the main settlement<br />

systems, VPO and <strong>Oslo</strong> C NOK are effected.<br />

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