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AI Summary of Article 4 Clearing obligation

This regulation mandates that all OTC derivative contracts pertaining to specified classes must be cleared by recognised counterparties if they meet certain conditions, such as being concluded between relevant financial and non-financial entities. Contracts that fall under intragroup transactions are exempted, provided appropriate notifications are made to the FCA.

Additionally, cleared transactions must occur through an authorised Central Counterparty (CCP), with provisions ensuring that services are offered under fair and transparent terms. The FCA retains the authority to establish technical standards to ensure compliance and mitigate regulatory arbitrage in this domain.

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 November 2024 - onwards
Version 6 of 6

Article 4 Clearing obligation

1. Counterparties shall clear all OTC derivative contracts pertaining to a class of OTC derivatives that has been declared subject to the clearing obligation in accordance with Article 5(2), if those contracts fulfil both of the following conditions:

(a) they have been concluded in one of the following ways:

(i) between two financial counterparties that are subject to the conditions set out in the second subparagraph of Article 4a(1);

(ii) between a financial counterparty that is subject to the conditions set out in the second subparagraph of Article 4a(1) and a non-financial counterparty that is subject to the conditions set out in the second subparagraph of Article 10(1);

(iii) between two non-financial counterparties that are subject to the conditions set out in the second subparagraph of Article 10(1);