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In this act Article 10 of 62

Article 10 — Disclosure

Financial servicesLevel 2RTSEMIRIn forceVerifiedOfficial source

10(1)

1.A CCP shall make the following information available to the public free of charge:

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10(1)(a)
(a)information regarding its governance arrangements, including the following:
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10(1)(a)(i)
(i)its organisational structure as well as key objectives and strategies;
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10(1)(a)(ii)
(ii)key elements of the remuneration policy;
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10(1)(a)(iii)
(iii)key financial information including its most recent audited financial statements;
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10(1)(b)
(b)information regarding its rules, including the following:
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10(1)(b)(i)
(i)default management procedures, procedures and supplementary texts;
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10(1)(b)(ii)
(ii)relevant business continuity information;
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10(1)(b)(iii)
(iii)information on the CCP’s risk management systems, techniques and performance in accordance with Chapter XII;
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10(1)(b)(iv)
(iv)all relevant information on its design and operations as well as on the rights and obligations of clearing members and clients, necessary to enable them to identify clearly and understand fully the risks and costs associated with using the CCP’s services;
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10(1)(b)(v)
(v)the CCP’s current clearing services, including detailed information on what it provides under each service;
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10(1)(b)(vi)
(vi)the CCP’s risk management systems, techniques and performance, including information on financial resources, investment policy, price data sources and models used in margin calculations;
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10(1)(b)(vii)
(vii)the law and the rules governing:
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10(1)(1)
(1)the access to the CCP;
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10(1)(2)
(2)the contracts concluded by the CCP with clearing members and, where practicable, clients;
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10(1)(3)
(3)the contracts that the CCP accepts for clearing;
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10(1)(4)
(4)any interoperability arrangements;
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10(1)(5)
(5)the use of collateral and default fund contributions, including the liquidation of positions and collateral and the extent to which collateral is protected against third party claims;
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10(1)(c)
(c)information regarding eligible collateral and applicable haircuts;
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10(1)(d)
(d)a list of all current clearing members, including admission, suspension and exit criteria for clearing membership.
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Where the competent authority agrees with the CCP that any of the information under point (b) or (c) of this paragraph may put at risk business secrets or the safety and soundness of the CCP, the CCP may decide to disclose that information in a manner that prevents or reduces those risks, or not to disclose such information.

10(2)

2.A CCP shall disclose to the public, free of charge, information regarding any material changes in its governance arrangements, objectives, strategies and key policies as well as in its applicable rules and procedures.

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10(3)

3.Information to be disclosed to the public by the CCP shall be accessible on its website. Information shall be available in at least a language customary in the sphere of international finance.

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