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Article 497 Own funds requirements for exposures to CCPsX1F1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

1.

Where a third-country CCP applies for recognition in accordance with Article 25 of Regulation (EU) No 648/2012, institutions may consider that CCP as a QCCP from the date on which it submitted its application for recognition to F2the Bank and until one of the following dates:

(a)

where the F3Treasury have made regulations under Article 25(6) of Regulation (EU) No 648/2012 in relation to the third country in which the CCP is established and that implementing act has entered into force, two years after the date of submission of the application;

C1C2C3C4(b)

where the F4Treasury have not yet made regulations under Article 25(6) of Regulation (EU) No 648/2012 in relation to the third country in which the CCP is established or where that implementing act has not yet entered into force, the earlier of the following dates:

  1. (i)

    two years after the date of entry into force of the F5regulations;

  2. (ii)

    for CCPs that submitted the application after 27 June 2019, two years after the date of submission of the application;

  3. (iii)

    for those CCPs that submitted the application before 27 June 2019, 28 June 2021.

2.

Until the expiration of the deadline referred to in paragraph 1 of this Article, where a CCP referred to in that paragraph does not have a default fund and does not have in place a binding arrangement with its clearing members that allows it to use all or part of the initial margin received from its clearing members as if they were pre-funded contributions, the institution shall substitute the formula for calculating the own funds requirement in Article 308(2) with the following one:

KCMi=maxKCCP×IMiDFCCP+IM ; 8 %×2 %×IMi

where:

KCMi

  • the own funds requirement;

    • K CCP

  • the hypothetical capital of the QCCP communicated to the institution by the QCCP in accordance with Article 50c of Regulation (EU) No 648/2012;

    • DF CCP

  • the pre-funded financial resources of the CCP communicated to the institution by the CCP in accordance with Article 50c of Regulation (EU) No 648/2012;

    • i

  • the index denoting the clearing member;

    • IM i

  • the initial margin posted with the CCP by clearing member i; and

    • IM

  • the total amount of initial margin communicated to the institution by the CCP in accordance with Article 89(5a) of Regulation (EU) No 648/2012.

    • 3.

    In exceptional circumstances, where it is necessary and proportionate in order to avoid disruption to international financial markets, the F6Treasury may by regulations extend F7by 12 months on each occasion the transitional provisions set out in paragraph 1 of this Article.

    Annotations

    Textual amendments

    F1

    Substituted by Regulation (EU) 2019/876 of the European Parliament and of the Council of 20 May 2019 amending Regulation (EU) No 575/2013 as regards the leverage ratio, the net stable funding ratio, requirements for own funds and eligible liabilities, counterparty credit risk, market risk, exposures to central counterparties, exposures to collective investment undertakings, large exposures, reporting and disclosure requirements, and Regulation (EU) No 648/2012 (Text with EEA relevance).

    F2

    Words in Art. 497(1) substituted (31.12.2020) by The Capital Requirements (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1232), regs. 1(3), 77(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

    F3

    Words in Art. 497(1)(a) substituted (31.12.2020) by The Capital Requirements (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1232), regs. 1(3), 77(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

    F4

    Words in Art. 497(1)(b) substituted (31.12.2020) by The Capital Requirements (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1232), regs. 1(3), 77(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

    F5

    Word in Art. 497(1)(b)(i) substituted (31.12.2020) by The Capital Requirements (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1232), regs. 1(3), 77(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

    F6

    Words in Art. 497(3) substituted (31.12.2020) by The Capital Requirements (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1401), regs. 1(3), 221(6)(a) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)

    F7

    Words in Art. 497(3) substituted (1.1.2022) by The Capital Requirements Regulation (Amendment) Regulations 2021 (S.I. 2021/1078), regs. 1(1), 12(5)

    Modifications

    C1

    Art. 497(1)(b)(ii): transitional period extended by 12 months so that it ends three years after the date of the submission of the application (22.12.2022) by The Central Counterparties (Transitional Provision) (Extension and Amendment) Regulations 2022 (S.I. 2022/1244), regs. 1(2), 2

    C2

    Art. 497(1)(b)(ii): transitional period extended by 12 months so that it ends four years after the date of the submission of the application (1.11.2023) by The Central Counterparties (Transitional Provision) (Extension and Amendment) Regulations 2023 (S.I. 2023/999), regs. 1(2), 2

    C3

    Art. 497(1)(b)(ii): transitional period extended by 12 months so that it ends five years after the date of the submission of the application (29.11.2024) by The Central Counterparties (Transitional Provision) (Extension and Amendment) Regulations 2024 (S.I. 2024/923), regs. 1(2), 2

    C4

    Art. 497(1)(b)(ii): transitional period extended by 12 months so that it ends six years after the date of the submission of the application (28.11.2025) by the Central Counterparties (Transitional Provision) (Extension and Amendment) Regulations 2025 (S.I. 2025/1030), regs. 1(2), 2

    Editorial notes

    X1

    Substituted by Corrigendum to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).

    Notes on the whole EU Regulation

    Textual amendments

    F1

    Regulation revoked (1.1.2024 for the revocation of Art. 92b, 1.1.2026 for the revocation of Arts. 6(1a), 11(3a), 12a, 18(1) (in part), 25-35, 37-47, 47a(1)(2), 47c-79a, 81(1)(a)(i)-(iic)(b)(c)(2), 82(a)(i)-(iic)(b)(c), 83-91, 92a, 466, 468, 469a, 471, 473-474, 476, 479, 480, 482-491, 494-494b, otherwise prosp.) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 1 (with s. 1(4)); S.I. 2023/779, reg. 5(b)(i); S.I. 2025/873, reg. 4(b) (with regs. 6, 7) (as amended by S.I. 2025/1293, reg. 2)