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Table of Contents
Page Overview
Document Overview
AI Summary of Article 300 Definitions
This section outlines key definitions relevant to client assets and clearing arrangements. The term 'bankruptcy remote' describes effective measures that safeguard client assets from claims by the creditors of a central counterparty (CCP) or clearing member, particularly during insolvency events.
Additional definitions include 'CCP-related transaction', which pertains to transactions between clients and clearing members linked to those with the CCP, and terms such as 'clearing member', 'indirect clearing arrangement', and 'multi-level client structure', all focusing on the hierarchical relationships within clearing services, ensuring clarity in regulatory compliance.
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Article 300 Definitions
For the purposes of this Section and of Part Seven, the following definitions apply:
(1) "bankruptcy remote", in relation to client assets, means that effective arrangements exist which ensure that those assets will not be available to the creditors of a CCP or of a clearing member in the event of the insolvency of that CCP or clearing member respectively, or that the assets will not be available to the clearing member to cover losses it incurred following the default of a client or clients other than those that provided those assets;
(2) "CCP-related transaction" means a contract or a transaction listed in Article 301(1) between a client and a clearing member that is directly related to a contract or a transaction listed in that paragraph between that clearing member and a CCP;
(3) "clearing member" means a clearing member as defined in point (14) of Article 2 of Regulation (EU) No 648/2012;