Clearing obligations: central clearing process and the role of clearing houses
Produced in partnership with Peter Green and Chrys Carey of Morrison & Foester LLP
Clearing obligations: central clearing process and the role of clearing houses

The following Banking & Finance guidance note Produced in partnership with Peter Green and Chrys Carey of Morrison & Foester LLP provides comprehensive and up to date legal information covering:

  • Clearing obligations: central clearing process and the role of clearing houses
  • Introduction
  • What is meant by central clearing?
  • Overview of clearing requirements in the EU and the US
  • Process for clearing transactions
  • How Counterparties can Access CCPs
  • Documenting clearing arrangements
  • CCP Requirements under EMIR and Dodd-Frank
  • CCP Recovery plans

BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. This has an impact on this Practice Note. For guidance, see Practice Notes: Brexit—impact on finance transactions—Key issues for derivatives transactions and Brexit—impact on finance transactions—Derivatives and debt capital markets transactions—key SIs.

EMIR REFIT and EMIR 2.2: EMIR REFIT (Regulation (EU) 2019/834 amending Regulation (EU) 648/2012 (EMIR)) as regards the clearing obligation, the suspension of the clearing obligation, the reporting requirements, the risk-mitigation techniques for over the counter (OTC) derivative contracts not cleared by a central counterparty (CCP), the registration and supervision of trade repositories (TRs) and the requirements for TRs was published in the Official Journal