Regulation 13B Conditions for Tier 2 CCPsF1
Where the Bank of England determines that the applicant is a Tier 2 CCP in accordance with regulation 13A, it may only determine that the central counterparty should be taken to be recognised pursuant to Article 25 of the EMIR Regulation to provide certain clearing services or activities where, in addition to meeting the conditions in paragraphs (2) to (5) of regulation 13, each of the following conditions are met.
The first condition is that the applicant complies with the requirements set out in Article 16 and in Titles IV and V of the EMIR Regulation, as it has effect in EU law as amended from time to time (taking into account, in accordance with regulation 13C, the extent to which the applicant’s compliance with those requirements is satisfied by compliance with comparable requirements applicable in that third country).
The second condition is that the applicant has provided the Bank of England with—
a written statement, signed by its legal representatives, expressing the unconditional consent of the applicant to—
provide within the time specified in a request by the Bank of England, any documents, records or information and data held by the applicant at the time the request is served, and
allow the Bank of England to access any of the applicant’s business premises;
a reasoned legal opinion by an independent legal expert confirming that the consent expressed is valid and enforceable under the relevant applicable laws.
The third condition is that the applicant has implemented all the necessary measures and established all necessary procedures to ensure the effective compliance with the conditions set out in paragraphs (2) and (3).