Friday September 28 2018
News Source: Global Exchanges
Country: European Union
The European Securities and Markets Authority (ESMA) has recently updated its Questions and Answers (Q&As) regarding the implementation of the Central Securities Depository Regulation (CSDR). The updated Q&A provides answers to questions regarding practical issues on the implementation of the new CSDR regime. The latest batch of CSDR Q&As covers the following topics:
- Book-entry form requirements: the Q&A specifies the scope and timing of application of the requirement in Article 3(2) of CSDR to dematerialise certain transferable securities when they are transferred as collateral;
- Organisational requirements: the Q&A concerns the scope of the services and activities of a CSD covered by the requirements set out in Article 30 of CSDR on Outsourcing;
- Settlement Discipline: ESMA publishes the first set of Q&As relating to settlement discipline issues following the publication of Commission Delegated Regulation (EU) 2018/1229 on settlement discipline. The updated Q&A covers four issues in this area:
- the frequency of the update of the exchange rate
- the scope of the joint management of the penalty mechanism for CSDs
- clarification that the use of a common framework or rulebook is not sufficient to comply with the requirement for joint management of the penalty mechanism by CSDs using a common settlement infrastructure;
- the possibility for CSDs to perform bilateral netting of cash penalties
The aim of CSDR is to harmonise certain aspects of the settlement cycle and settlement discipline and to provide a set of common requirements for CSDs operating securities settlement systems across the EU.
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