How OTC to CCP clearing works: Difference between revisions

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===In a {{nutshell}}===
===In a {{nutshell}}===
Where parties wish to execute transactions prescribed by {{ccp|Applicable Law}} to be subject to mandatory clearing:
Where parties wish to execute [[OTC]] swap transactions which are subject to mandatory clearing they will execute a clearing agreement such as the FIA-[[ISDA]] [[Cleared Derivatives Execution Agreement]]. This can be an annex to their {{isdama}} or the the [[FIA]] terms of business.
*Execute a Clearing Agreement such as the FIA-[[ISDA]] [[Cleared Derivatives Execution Agreement]]
===How will mandatory OTC to CCP clearing change things?===  
===How will clearing change this?===  
The relationship between the {{ccp|end user}} and the [[broker/dealer]] — currently memorialised in a {{isdaprov|Confirmation}} for a {{isdaprov|Transaction}} under an {{isdama}} will continue, but the [[broker/dealer]], in its capacity as a {{ccp|clearing member}} of the {{ccp|clearinghouse}}, will act as a [[clearing agent]]for the {{ccp|end user}}.  
In simple terms, the relationship between the {{ccp|end user}} and the {{ccp|dealer}} will continue, but the {{ccp|dealer}}, in its capacity as a {{ccp|clearing member}} of the {{ccp|clearinghouse}}, will act as a ‘conduit’ or ‘[[clearing agent]]for the {{ccp|end user}}.  


The relationship between the {{ccp|end user}} and the {{ccp|clearing member}} will continue under a new customer agreement or modified {{isdama}}, and the {{ccp|clearing member}} (and to a certain extent the {{ccp|end user}}) will be subject to the {{ccp|clearinghouse}} rules. The {{ccp|clearinghouse}} now stands between the parties to a trade, effectively guaranteeing performance of each party’s obligations under that trade.  
The {{isdaprov|Transaction}} between the {{ccp|end user}} and the {{ccp|clearing member}} will continue under a new customer agreement (which may be a modified {{isdama}}), but the {{isdaprov|Transaction}} will be subject to the {{ccp|clearinghouse}} rules.  


==={{ccp|agent}} or {{ccp|principal}}?===
The {{ccp|clearinghouse}} now stands between the parties to a trade, effectively guaranteeing performance of each party’s obligations under that trade.


==={{ccp|Agent}} or {{ccp|principal}}?===
[[Image:Ccp screenshot.jpg]]
[[Image:Ccp screenshot.jpg]]


Under current models for clearing OTC derivatives, the capacity in which the {{ccp|clearing member}}} acts, as either {{ccp|agent}} or {{ccp|principal}}, determines the structure of the {{ccp|cleared trade}}s.  
The {{ccp|clearing member}}’s capacity (as {{ccp|agent}} or {{ccp|principal}}) determines the structure of the {{ccp|cleared trade}}s.  


:'''Agent''': Where the {{ccp|clearing member}} acts as agent, the {{ccp|end user}} will face the {{ccp|clearinghouse}} directly because, although the {{ccp|clearing member}} may appear to be a party to the trade, it is not the true counterparty (here, there is just one transaction, albeit involving three parties).  
:'''Agent''': Where the {{ccp|clearing member}} is agent, the {{ccp|end user}} will face the {{ccp|clearinghouse}} directly because, although the {{ccp|clearing member}} may appear to be a party to the trade, it is not the true counterparty (here, there is just one transaction, albeit involving three parties).  


:'''Principal''': Where the {{ccp|clearing member}} acts as principal, the {{ccp|end user}} will face the {{ccp|clearing member}}, and the {{ccp|clearing member}} will face the {{ccp|clearinghouse}} (here, there are two identical ‘back-to-back’ transactions among the three parties).  
:'''Principal''': Where the {{ccp|clearing member}} acts as principal, the {{ccp|end user}} will face the {{ccp|clearing member}}, and the {{ccp|clearing member}} will face the {{ccp|clearinghouse}} (here, there are two identical “back-to-back” transactions among the three parties).  


The above diagram looks at the clearing process, from execution to settlement. (There are a number of different ways in which execution and clearing can be effected.) The {{ccp|end user}} (acting as a trader on its own account, or acting through a {{ccp|broker}}) enters into a trade with a market participant. That trade is then submitted by each party for clearing through its respective {{ccp|clearing member}}. When the trade is accepted for clearing, a give-up or novation of the original contract takes place through which the {{ccp|clearinghouse}} is substituted as the counterparty on both sides of the trade.  
The above diagram looks at the clearing process, from execution to settlement. (There are a number of different ways in which execution and clearing can be effected.) The {{ccp|end user}} (acting as a trader on its own account, or acting through a {{ccp|broker}}) enters into a trade with a market participant. That trade is then submitted by each party for clearing through its respective {{ccp|clearing member}}. When the trade is accepted for clearing, a give-up or novation of the original contract takes place through which the {{ccp|clearinghouse}} is substituted as the counterparty on both sides of the trade.