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# ESMA Q\&A 883 — Q\&A — Definitions (old CCP question 14 dated 5/08/2013) \[Answer Published]

*Answer Published · ESMA publication · Checked against the ESMA publication on 11 Oct 2026 ·* [*Official source*](https://www.esma.europa.eu/publications-data/questions-answers/883)

|                         |                                                                                              |
| ----------------------- | -------------------------------------------------------------------------------------------- |
| **Full title**          | ESMA Q\&A 883 — Q\&A — Definitions (old CCP question 14 dated 5/08/2013) \[Answer Published] |
| **Issuer**              | ESMA                                                                                         |
| **Reference**           | ESMA\_QA\_883                                                                                |
| **Document type**       | Q\&A                                                                                         |
| **Date**                | published 03/05/2023; answer 05-08-2013                                                      |
| **Addressees**          | Not recorded                                                                                 |
| **Legal basis**         | Article 2 of EMIR - old CCP question 14 dated 5/08/2013                                      |
| **Related instruments** | None recorded                                                                                |
| **Text on this page**   | Word for word — the full text of the ESMA publication                                        |

**Definitions (old CCP question 14 dated 5/08/2013)**

#### Question

Article 2(28) of EMIR provides that an “independent member” of the board means a member of the board who has no business, family or other relationship that raises a conflict of interests regarding the CCP concerned or its controlling shareholders, its management or its clearing members, and who has had no such relationship during the five years preceding his membership of the board. If a board member is considered independent in respect of the parent company of a CCP (according to the definition under Article 2(28) of EMIR), can this person also fulfil the requirements for being an independent board member of the CCP?

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#### Answer

An independent director of the parent company of a CCP might be considered to satisfy the criteria for appointment as an independent director of a CCP; however this is not automatic and should be analysed properly. In particular, it would need to be carefully considered as to whether the individual’s relationship with the parent company of the CCP raised a conflict of interest regarding the CCP. For example, the individual would likely owe duties to the parent company of the CCP and be required to act in the best interests of that company. These interests and duties might conflict with the interests of the CCP.

Article 3(4) of the RTS on CCPs also requires that “a CCP that is part of a group shall take into account any implications of the group for its own governance arrangements including whether it has the necessary level of independence to meet its regulatory obligations as a distinct legal person and whether its independence could be compromised by the group structure or by any board member also being a member of the board of other entities of the same group...”

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### Related Level 1 articles

* [Article 2 — Definitions](/emir/articles/2.md)