Examples of Clearing Obligation in a sentence
Categories 1 and 4 CCPs have published the list of counterparties classified in Category 1 (see Section 1.3 of the Public Reg- ister on the Clearing Obligation).
October 2014|ESMA/2014/1185 Reply Form Reply form for the Consultation Paper On the Clearing Obligation under EMIR (no.
For the purposes of satisfying the Clearing Obligation, EMIR requires derivative counterparties to become clearing members of a CCP, a client of a clearing member or to otherwise establish indirect clearing arrangements with a clearing member.
Such OTC derivative contracts also need to be of a class of derivative which has been designated by ESMA as being subject to the Clearing Obligation.
The Clearing Obligation applies to FCPs and certain Non-FCPs which have positions in OTC derivative contracts exceeding specified 'clearing thresholds'.
Such requirements include, amongst other things, the mandatory clearing of certain OTC derivative contracts (the "Clearing Obligation") through an authorised central counterparty (a "CCP"), the reporting of OTC derivative contracts to a trade repository (the "Reporting Obligation") and certain risk mitigation requirements in relation to derivative contracts which are not centrally cleared.
Whereas FCs and NFC+ entities may be subject to the Clearing Obligation or, to the extent that the relevant swaps are not subject to clearing, to the collateral exchange obligation and the daily valuation obligation under the Risk Mitigation Requirements, such obligations do not apply in respect of NFC- entities.
If the Issuer's counterparty status as an NFC- changes then the Issuer may become subject to greater obligations under EU EMIR including the Clearing Obligation (as such term is defined below).
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In this regard, it should be noted that it is not clear that the Swap Transaction would constitute a type of OTC derivative contract that would be subject to the Clearing Obligation under the implementing measures made to date, if the Issuer were otherwise not exempt from the Clearing Obligation.