Version in force , Modified +1,540 −24§
Amended by Regulation (EU) 2019/2033 32019R2033 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2019/876 32019R0876 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2021/558 32021R0558 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2020/873 32020R0873 on EUR-Lex (external, EUR-Lex)
Explanation, written by a model and checked against the cited text
The introductory clause now states that the definitions apply for the purposes of this Section and of Part Seven, rather than for the purposes of this Section alone.
Point (4) is retained with the same wording but now ends with a semicolon instead of a full stop, and eight new definitions numbered (5) through (11) are added, covering cash transaction, indirect clearing arrangement, higher-level client, lower-level client, multi-level client structure, unfunded contribution to a default fund, and fully guaranteed deposit lending or borrowing transaction.
Cited: Art. 300, v2 (external, EUR-Lex) · Art. 300, v1 (external, EUR-Lex)
v1 is the previous version, v2 this one.
Text from EUR-Lex, before and after
Previous version, in force 28 December 2020 02013R0575-20201228 → this version, in force 28 June 2021 02013R0575-20210629
Article 300
Definitions
For the purposes of this Section, Section and of Part Seven, the following definitions shall 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;
(4) client means a client as defined in point (15) of Article 2 of Regulation (EU) No 648/2012 or an undertaking that has established indirect clearing arrangements with a clearing member in accordance with Article 4(3) of that Regulation. Regulation;
(5) cash transaction means a transaction in cash, debt instruments or equities, a spot foreign exchange transaction or a spot commodities transaction; however, repurchase transactions, securities or commodities lending transactions, and securities or commodities borrowing transactions, are not cash transactions;
(6) indirect clearing arrangement means an arrangement that meets the conditions set out in the second subparagraph of Article 4(3) of Regulation (EU) No 648/2012;
(7) higher-level client means an entity providing clearing services to a lower-level client;
(8) lower-level client means an entity accessing the services of a CCP through a higher-level client;
(9) multi-level client structure means an indirect clearing arrangement under which clearing services are provided to an institution by an entity which is not a clearing member, but is itself a client of a clearing member or of a higher-level client;
(10) unfunded contribution to a default fund means a contribution that an institution that acts as a clearing member has contractually committed to provide to a CCP after the CCP has depleted its default fund to cover the losses it incurred following the default of one or more of its clearing members;
(11) fully guaranteed deposit lending or borrowing transaction means a fully collateralised money market transaction in which two counterparties exchange deposits and a CCP interposes itself between them to ensure the performance of those counterparties' payment obligations.