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In this act Article 33 of 62
Text as of 29 Nov 2022 · Consolidated version of 7 March 2024 · Same wording as today’s text.Today’s text

Article 33 — Access to liquidity

Financial servicesLevel 2RTSEMIRIn forceVerifiedOfficial source

33(1)

1.A CCP shall maintain, in each relevant currency, liquid resources commensurate with its liquidity requirements, defined in accordance with Article 44 of Regulation (EU) No 648/2012 and Article 32 of this Regulation. These liquid resources shall be limited to:

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33(1)(a)
(a)cash deposited at a central bank of issue;
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33(1)(b)
(b)cash deposited at authorised credit institutions in accordance with Article 47;
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33(1)(c)
(c)committed lines of credit or equivalent arrangements with non-defaulting clearing members;
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33(1)(d)
(d)committed repurchase agreements;
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33(1)(e)
(e)highly marketable financial instruments that satisfy the requirements of Article 45 and Article 46 and that the CCP can demonstrate are readily available and convertible into cash on a same-day basis using prearranged and highly reliable funding arrangements, including in stressed market conditions.
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33(2)

2.A CCP shall have regard to the currencies in which its liabilities are denominated and shall take into account the potential effect of stressed conditions on its ability to access foreign exchange markets in a manner consistent with the securities settlement cycles of foreign exchange and securities settlement systems.

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33(3)

3.Committed lines of credit against collateral provided by clearing members shall not be double-counted as liquid resources. A CCP shall take action to monitor and control the concentration of liquidity risk exposures to individual liquidity providers.

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33(4)

4.A CCP shall conduct rigorous due diligence that its liquidity providers have enough capacity to perform according to the liquidity arrangements.

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33(5)

5.A CCP shall periodically test its procedures to access pre-arranged funding arrangements. This may include drawing down test amounts of the commercial lines of credit, to check the speed of access to the resources and reliability of procedures.

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33(6)

6.A CCP shall have detailed procedures within its liquidity plan for using its liquid financial resources to fulfil its payment obligations during a liquidity shortfall. The liquidity procedures shall clearly state when certain resources should be used. The procedures shall also describe how to access cash deposits or overnight investments of cash deposits, how to execute same-day market transactions, or how to draw on prearranged liquidity lines. These procedures shall be regularly tested. A CCP shall also establish an adequate plan for the renewal of funding arrangements in advance of their expiration.

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