cpss53 - Payment and Settlement Systems in Selected Countries
cpss53 - Payment and Settlement Systems in Selected Countries
cpss53 - Payment and Settlement Systems in Selected Countries
Settlement Systems
April 2003
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© Bank for International Settlements 2003. All rights reserved. Brief excerpts may be reproduced
or translated provided the source is cited.
The Committee on Payment and Settlement Systems (CPSS) periodically publishes - under the aegis
of the Bank for International Settlements (BIS) - reference works on payment arrangements in various
countries, widely known as Red Books. This fifth edition of the Red Book is a further step towards
increasing our understanding of the way payment systems (including securities settlement systems)
work in the countries represented in the CPSS.
Properly functioning payment systems enhance the stability of the financial sector, reduce transaction
costs in the economy, promote the efficient use of financial resources, improve financial market
liquidity and facilitate the conduct of monetary policy. In recent years, issues relating to the economic
efficiency and financial risks of all types of payment arrangements have come to the fore.
Compared with the previous edition published in 1993, the structure of this edition of the Red Book
has been revised. The coverage of different segments and developments in payment systems,
including securities settlement systems, has been broadened in individual country chapters. In
addition, this edition contains a chapter on international payment arrangements and a more
comprehensive glossary. I hope all this will make it easier for the reader to understand arrangements
in the individual countries and to compare these arrangements across countries.
Statistical information is available separately in the annual statistical update Statistics on payment and
settlement systems in selected countries, the latest of which was published by the BIS in April 2003.
I would like to thank the CPSS member central banks for their willingness to devote the necessary
resources to the publication of this Red Book. A special word of thanks is due to the officials of
individual central banks who were involved in the preparation of this edition and to Mr Gynedi Srinivas
in the CPSS Secretariat for coordinating the work. Finally, I would like to express my gratitude to the
BIS for the professional support given by its staff in the preparation of this volume.
Tommaso Padoa-Schioppa
Chairman, Committee on
Payment and Settlement Systems
Table of contents
List of abbreviations................................................................................................................................. 5
Introduction .............................................................................................................................................. 7
1. The institutional aspects ................................................................................................................ 7
1.1 General institutional framework........................................................................................... 7
1.2 The role of the central bank ................................................................................................ 9
1.3 The role of other private and public sector bodies ............................................................ 10
2. Payment media used by non-banks ............................................................................................ 11
2.1 Cash payments ................................................................................................................. 11
2.2 Non-cash payments .......................................................................................................... 11
2.3 Recent developments ....................................................................................................... 16
3. Interbank exchange and settlement systems .............................................................................. 16
3.1 General overview .............................................................................................................. 16
3.2 RTGS system: ELLIPS...................................................................................................... 17
3.3 Retail payment system: CEC ............................................................................................ 20
3.4 Paper-based system: Clearing House of Belgium ............................................................ 22
4. Securities settlement systems..................................................................................................... 23
4.1 Trading .............................................................................................................................. 23
4.2 Clearing ............................................................................................................................. 25
4.3 Settlement ......................................................................................................................... 26
4.4 Use of the securities infrastructure by the central bank .................................................... 30
List of abbreviations
Introduction
Belgian payment systems are characterised by a very high level of automation. This particular
situation is the result of efforts made by the credit institutions since the early 1970s to rationalise the
processing of payment operations. Very early on, interbank cooperation led to several standardisation
agreements, on which the entire process of automation is based. The first fundamental step was the
establishment in 1974 of the Centre for Exchange and Clearing (CEC), after which retail payments
began to be processed on an automated basis. The second important step towards the complete
automation of the national payment systems was the launch in 1996 of the Electronic Large-value
Interbank Payment System (ELLIPS), an RTGS system for large-value payments and a component of
TARGET.
CEC will run into a third generation, namely CEC III. CEC III is designed to accept internet protocols in
the exchange of payment messages. The central application will be rewritten to meet today's
technology demands, eg public key infrastructure (PKI).
The National Bank of Belgium (NBB) has been very closely involved in these efforts. In addition to its
more traditional role as settlement agent, it assumes the operational management of the interbank
settlement systems, which, since 1 January 1999, no longer operate in Belgian francs but only in
euros.
Credit transfers and related instruments are still predominant among the means of payment. The use
of cheques has been declining steadily for several years. This instrument is tending to be replaced by
card payments. Recent developments include the expansion of internet banking as well as new
electronic money instruments, notably the nationwide expansion of a multipurpose prepaid card
scheme.
Legal aspects
To begin with, it should be pointed out that Belgium does not have a general legal and regulatory
framework relating to payment systems, payment service providers or payment instruments. These
areas are mainly governed by specific legislation or regulations, which are in part an implementation of
EC Directives and are often aimed at consumer protection.
Second, the legal and regulatory framework applicable to payment systems, payment service
providers and payment instruments has improved significantly in recent years with regard to various
aspects of these topics.
The main texts governing payment systems and payment service providers are:
(a) The Law on the Legal Status and Supervision of Credit Institutions (22 March 1993), which
aims to protect the savings of the public and to safeguard the smooth functioning of the
credit system by laying down rules for the establishment and the operation of the credit
institutions as well as for the supervision of the latter. This Law also implements the
provisions of the Second Banking Coordination Directive.
Furthermore, the Law on the Legal Status and Supervision of Credit Institutions contains a
chapter on netting between credit institutions. The Law seeks to guarantee the legal certainty
of offsetting agreements for debts between two or more credit institutions, where one of
these institutions is involved in bankruptcy or in any other case involving concurrent claims
governed by Belgian law.
Before this Law was adopted, the effectiveness of netting arrangements could be challenged
under Belgian law with regard to two principles of bankruptcy law: a) the prohibition of any
offsetting after bankruptcy, except between related debts; and b) the principle that the
bankruptcy decision of the court has a retroactive effect, starting from the first hour of the
day on which it was made (“zero hour rule”).
These principles were likely to prevent the participation of the Belgian banks in international
interbank netting systems, thereby depriving them of the advantages which might result from
the consequent reduction in settlement costs and in credit and solvency risks involved in
international financial operations. Moreover, the uncertainties which existed in Belgian law
with regard to the possibility of relying upon netting agreements against third parties reduced
the attraction of locating the centre of an international netting system in Brussels.
This is why express recognition is given, through Article 157 of the Law on the Legal Status
and Supervision of Credit Institutions, to the legal validity of bilateral or multilateral offsetting
agreements for claims between credit institutions themselves and between credit institutions
and a clearing house, as well as to “closeout” agreements (express termination clauses in
the event of bankruptcy or other default situations). These agreements are legally binding
and enforceable against third parties (including a liquidator), subject to the conditions defined
in this provision. In particular, it is clear that the claims to be offset no longer need to be
related. The article also states that payments made by or to a credit institution on the date on
which it has been declared bankrupt will be valid if they preceded the time of the bankruptcy
decision or if they were made without knowledge of the fact that the credit institution was
bankrupt.
The scope of Article 157 has been extended by a Royal Decree dated 28 January 1998 in
such a way as to include, henceforth, most financial institutions (and is thus is no longer
limited to credit institutions).
(b) The Law on Settlement Finality in Payments (Law on “Finality”, 28 April 1999), which
transposes Directive 98/26/EC. Moreover, Article 9 of this Law introduces a concept foreign
to the Directive, stating that cash settlement accounts held with an operator or a settlement
agent of a settlement system may not be blocked by any means by a participant (other than
the operator or the settlement agent of the system), a counterparty or a third party.
(c) Article 8 of the Organic Law of the NBB (22 February 1998), which entrusts the NBB with a
supervisory power with regard to clearing, payment and securities settlement systems (see
Section 1.2).
Few texts relating specifically to payment instruments exist under Belgian law. The most significant
texts relating specifically to this topic are the following:
– the Law on Cheques (1 March 1961);
– the Royal Decree on the Indication of Homogeneous Financial Service Tariffs
(23 March 1995);
– the Law on the Value Date of Bank Operations (10 July 1997);
– the Law on the Accountability for Interest Due on Accounts Opened by Credit Institutions or
Other Legal Entities (14 July 1998); and
– the Law on Cross-Border Retail Payments (9 January 2000), which transposes the
provisions of Directive 97/5/EC of the European Parliament and of the Council of 27 January
1997 concerning cross-border retail payments.
The Belgian legislator has also adopted:
– the Law on Electronic Payment Instruments, which will transpose an EU Recommendation
dated 30 July 1997;
– Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999
on a European framework for electronic signatures, which has been translated into two
Belgian laws:
(1) the Law on the Implementation of the Use of Telecommunications and Electronic
Signature in the Legal and Extra Legal Procedure dated 20 October 2000; and
(2) the Law on Certain Rules in accordance with the Legal Framework for Electronic
Signatures and Certificates dated 14 July 2001.
In addition to these texts, relations between credit institutions, consumers and retailers are mainly
governed by contracts.
1.2.2 Oversight
The NBB’s oversight responsibility has an explicit legal basis in Article 8 of its new Organic Law, which
reads as follows: “The Bank shall ensure that the clearing and payment systems operate properly and
shall make certain that they are efficient and sound. It may carry out all transactions or provide
facilities for these purposes. It shall provide for the enforcement of the regulations adopted by the ECB
in order to ensure the efficiency and the soundness of the clearing and payment systems within the
European Community and with other countries.” As is stipulated in the Explanatory Notes of this
Organic Law, this responsibility covers both cash and securities settlement systems.
In line with the task assignment which was agreed at the Eurosystem level with regard to cash
payment systems, the NBB performs the oversight of retail payment systems, Banksys (see
Section 1.3), Europay, Euronext, Clearnet and some international enterprises (CLS Bank, EBA).
The NBB also oversees the SSSs established in Belgium: Euroclear Bank, BXS-Clearing and
BXS-CIK.
Finally, the NBB also oversees SWIFT. A special arrangement was made in this respect by the
Committee on Payment and Settlement Systems (CPSS), under which the NBB acts as leading
overseer of SWIFT, and is supported by the central banks of the G10.
Moreover, the NBB also contributes to the supervision exercised by the BFC. One Director of the NBB
has a seat on the Board of the BFC as of right. The NBB collects the periodic and annual prudential
reports from the credit institutions and sends them to the BFC. The BFC must consult the NBB before
publishing regulations concerning solvency and liquidity. All the Belgian credit institutions are
supervised by the BFC.
The NBB and the BFC each has its own specific role to play. Essentially, this means that oversight
activities focus mainly on systems, while prudential activities focus mainly on institutions. The NBB
and the BFC have a long tradition of cooperation.
The audit department of the NBB is concerned with the various clearing systems operated by the NBB
(the CEC, ELLIPS and the Clearing House of Belgium) to the extent that the NBB is de facto
responsible for the operational organisation of these systems.
1
At the end of 1999 Banksys took over a large share of the activities of the BCC.
2
A change in the definition of transferable deposits included in M1 means that data for 1999 are not comparable with the data
from previous years.
3
Royal Decree of 24 November 1937.
A significant development can be seen in the growing popularity of electronic forms of payment orders
made by customers in parallel with the growing popularity of self-service banking and home banking
products. More and more firms are communicating their payment orders via magnetic media or
telecommunications, which obviates the need to capture the data within the financial system. In 2000 it
is estimated that 271.01 million payment orders - 41% of all credit transfers - were submitted in
paperless form against 158 million - 31.5% - in 1990.
2.2.2 Cheques
The use of cheques, which until 1992 were the second most frequently used cashless payment
instrument after the credit transfer, has diminished annually.
On 31 December 2000 there were 3.84 million cheque guarantee cards in circulation (3.67 million of
which were eurocheque cards), equivalent to a theoretical average of 27 cards for every 100 current
accounts. In 2000, 70.7 million cheques were issued for a total value of EUR 87 billion.
In addition to cheques issued by individual credit institutions and postal cheques, the eurocheque was
commonly used in Belgium. For this type of cheque, the guarantee was completely phased out on
1 January 2002.
Cheques are exchanged in the CEC. Only non-truncated cheques of more than EUR 10,000 are still
handled in the Clearing House of Belgium.
Debit cards
Debit cards, issued by the credit institutions under their own logo in association with the logos of
4
Bancontact and Mister Cash, can be used at ATM and POS terminals. The debit and cheque
guarantee card functions are generally packed on the same support together with an e-money
function. These cards are hybrid cards having both a magnetic strip, which is used for online
operations requiring the use of a PIN before the services can be accessed (POS payments, cash
withdrawals at ATMs, loading of e-purse, etc), and a chip, which is used for offline operations
(e-money payments).
Banksys (see Section 1.3) is entrusted with the management of the ATM-POS network. Its duties
include the monitoring of bank-issued cards and the PIN mailer production for all bank cards. Banksys
participates directly in the ACH (see Section 3.3) and exchanges ATM and POS operations to be
cleared in this system.
On 31 December 2000 there were 10.96 million debit cards in circulation, all of which provided access
to both ATM and POS terminals, thus representing a ratio of 77 cards to every 100 current accounts.
The cost to the consumer of using debit cards at ATM and POS terminals in theory consists only of an
annual fee, which is generally included in a package made up of current account management and
operations. A small minority of retail outlets charge for POS transactions.
4
Bancontact and Mister Cash are the two former ATM-POS networks that merged in 1987 to form Banksys.
Over the last few years, the use of debit cards has gradually become internationalised. Within the
framework of the Europay community, holders of Banksys cards also have access to ATMs in an
increasing number of European countries, with reciprocity for foreign eurocheque cardholders. Similar
interconnections have been established on a bilateral basis between Banksys and other foreign
networks. Since 1998 holders of Banksys cards have also been able to pay abroad at Maestro POS.
Credit cards
Credit cards (American Express, Diners Club, Eurocard and Visa) are widely accepted in Belgium. As
a result of vigorous promotional efforts by the companies concerned, the number of cards in circulation
has shown a considerable increase in recent years: from some 326,000 at end-1985 to around
2,970,000 at end-2000. In 2000, 53.79 million transactions were effected in Belgium for a total of
EUR 5.53 billion, 16.53 million of which were payments effected using foreign cards, for a total of
EUR 1.80 billion.
BCC, of which the credit institutions are the shareholders, accounts for the distribution of the majority
of Visa and Eurocard cards. Banksys is entrusted with the processing and authorisation of
transactions executed using these cards on behalf of BCC.
Payment procedures are automated in most cases. At the point of sale, authorisation takes place
online, details of the transaction are immediately recorded by the issuing company’s computer system
and a slip showing the transaction is printed out. The nationwide ATM network can also be accessed
using credit cards (except for Diners Club cards).
5
Fixed liability tariffs for the loss of a credit card are laid down in the law.
Retailer cards
Retailer cards issued by petrol companies and large retailers can, by their nature, only be used at
points of sale controlled by their issuers. A distinction can be made between in-house cards meant for
the issuer's own infrastructure and those which are in fact managed at the operational level by another
commercial card issuer (interbank network or credit card issuer). The latter category comprises cards
issued by petrol companies. Moreover, some of these retailer cards are linked with POS terminals,
whereas others can only be used manually. One of the best-known cards, issued by a large retailer,
can be used either as a debit card (in which case direct debit of the customer’s bank account is
initiated by the retailer) or as a credit card, the choice being made by the cardholder upon purchase.
1,507,000 cards were in circulation on 31 December 2000; 28.51 million transactions were recorded to
the value of EUR 1.57 billion in 2000.
Electronic money
There is no software-based electronic money in Belgium. A multipurpose prepaid card scheme, called
PROTON, was launched by Banksys in February 1995. Nationwide expansion was achieved at the
beginning of 1998.
PROTON is a microprocessor card which stores monetary value as opposed to tokens or units of
service (as a phonecard does). It is designed to be a substitute for cash and is targeted at payments
below EUR 15 at local retail outlets, vending machines, car parks, ticket machines, payphones and on
public transport. It can be loaded with amounts ranging from EUR 2.5 to EUR 125. Card-to-card
payments are not possible.
PROTON is a domestic monocurrency system, the payments being made in euros. The loading
transaction is processed with the verification of a PIN and of the funds available on the account. The
cards can be reloaded at ATMs or at public telephone booths. A “smartphone”, which enables the user
to reload the card at home and to use the card to make payments to a service provider over the
telephone, has also been available since the end of 1997. Furthermore, card-based payments can be
made via the internet by means of a plug-in terminal (BANXAFE) for personal computers.
5
The Royal Decree of 24 February 1992, based on the Law on Consumer Credit of 12 June 1991, was published in the
Belgian Law Gazette on 4 April 1992.
During a transaction, money is transferred from the PROTON card to the retailer’s terminal (offline
terminals or vending machines). As only small amounts are involved, and for the sake of speed and
convenience, these payments are made without using a PIN. The retailer can transfer the money to
his/her bank account simply by making a telephone call from his/her terminal (using the modem). The
cardholder can consult the balance on his/her PROTON card at an ATM, public telephone booth,
service provider’s terminal or by means of a small personal pocket device.
PROTON is only issued by credit institutions. It is up to each institution to set the fees (if any) that it
charges to cardholders. The annual fees charged to the cardholders range from EUR 0 to EUR 5.
Using or downloading the cards must remain free of charge. Banksys is responsible for the tariff policy
applied to the retailers. The retailers have to pay a percentage of the amount stored in their terminals
plus a fixed fee (depending on the contract) per collect. At the end of December 2000 more than
8 million cards with the e-money facility had been issued; the total amount outstanding was around
EUR 49.2 million. A daily average of 153,649 purchase transactions were made in December 2000 for
an average amount of EUR 4.12.
In the near future Banksys will introduce a new payment instrument which allows wireless execution of
card payments. This new instrument will work with a mobile phone connection. Through the mobile
payment instrument, payments will be possible with both the prepaid card (PROTON) and debit cards.
The PROTON technology has already been adopted by a large number of countries, making it a de
facto international standard. Proton World International can be seen as a spin-off of PROTON to
commercialise the Proton technology worldwide. Since November 2001 Proton World International has
been wholly owned by ERG, an Australian smartcard group.
POS network
Banksys manages the POS network and terminals online on behalf of the issuing credit institutions,
which are the only shareholders of the company. These terminals are accessible by means of
magnetic strip cards and secret PIN codes. In 1999 the Post ceased issuing its own debit cards and
instead now makes use of Banksys’ POS network.
Each transaction triggers various immediate checks:
– blacklist (stolen cards, etc);
– balance on current account, either on the basis of the balance at the previous day’s close,
taking into account the total of the operations effected on that day by means of the card, or
on the basis of the actual balance (depending on the cardholder’s institution); and
– amount of the daily and weekly transactions caps.
This online authorisation procedure eliminates fraud and unauthorised overdrafts.
By 31 December 2000, 116,436 POS terminals had been installed.
Whereas the POS terminals installed at petrol stations and large retail outlets are heavyweight
terminals linked via rented lines to the network’s computer centres, those installed at small retail
outlets and in other sectors involve the use of the switched telephone network (STN).
The interbank network can be accessed not only using bank debit cards but also by means of credit
cards and a range of in-house cards mainly issued by petrol companies which can be used exclusively
at petrol stations selling their brands. These companies make use of the infrastructure of the interbank
network, but offer additional advantages such as discounts and the possibility of using the card
abroad. These services are specifically aimed at attracting corporate customers with fleets of vehicles.
ATM networks
Banksys manages the ATM network and terminals online on behalf of the issuing credit institutions.
ATMs are accessible by means of magnetic strip cards and secret PIN codes.
Transactions supported by Banksys ATMs (open access ATMs) are cash withdrawals, the checking of
balances on current accounts, the alteration of PIN codes and the loading of PROTON cards. Each
transaction triggers various immediate checks (see the section entitled POS network).
In addition, several credit institutions offer ATM facilities (limited access ATMs) to their own customers
within the framework of self-service banking units. These ATMs allow other types of transactions, such
as the ordering of documents (credit transfer forms) and transfers between current accounts and
savings accounts.
By 31 December 2000, 1,305 Banksys ATMs and 5,560 self-service banking units had been installed.
6
It could be argued that the commercial bill and its variants are not payment instruments as such, because settlement of the
transaction underlying the bill has to be in the form of another payment medium (cash or deposit money). The commercial
bill can, however, be passed to a third party by means of endorsement.
were issued in 2000 (against 95.03 million in 1990) for a total value of EUR 749 million (against
EUR 394 million in 1990).
2.3.1 Internet
Home banking and, in particular, internet banking are very successful. Most banks have a website
which allows their customers not only to carry out various common operations such as credit transfers,
standing orders and balance checking, but also to manage their asset portfolios.
There is no specific payment instrument or system (for example, internet cheques or electronic bill
presentment) currently available, but various projects are under way in this field and major
developments are expected to take place in the next few years.
Chart 1
Interbank exchange and settlement
S.W.I.F.T. S.W.I.F.T.
1 4
Current accounts
Clearing House
of Belgium - Net
i
module
BXS - Net
By the end of 2001, ELLIPS had 17 direct participants and 79 indirect participants.
Table 1
ELLIPS time schedule
Operations Schedule
3.2.8 Pricing
For domestic payments, each participant pays an annual contribution to cover the fixed costs. The
variable costs are shared on the basis of the number and characteristics of the payments. The
investment costs, which are not explicitly necessary within the framework of the link between ELLIPS
and TARGET, are shared evenly between the participants. Every new participant joining ELLIPS pays
an entry fee determined by the Board and based on historical investment costs.
For cross-border payments (TARGET), costs are recovered on the basis of one single tariff per
payment, billed to the initiator and based on the number of transactions made by this participant within
a single system, according to a degressive scale.
The costs of the treasury module are distributed on the basis of the size of the computer resources
used by different types of queries.
Table 2
CEC time schedule for settlement on D-day
1
Value between EUR 125,000 and EUR 500,000.
The settlement of the data exchanged after these deadlines takes place on the next value date.
3.3.8 Pricing
The cost of the CEC system is shared between its members on the basis of transaction volumes, so
that the NBB’s costs are fully covered. The direct members also have to pay a fixed annual fee. In
addition to these system costs, an interbank pricing system exists according to which every receiving
bank pays a certain sum to compensate for the remitter’s data exchange costs.
Table 3
Time schedule of the Clearing House of Belgium
Operations
Opening 9 am
Announcement and remittance 11.45 am
Sorting 12.15 pm
Withdrawal and confirmation 3 pm
Daily cutoff 3 pm
The operating rules of the Clearing House were modified considerably following the launch of the
ELLIPS system. The few remaining paper-based operations are physically exchanged using
mailboxes installed on the premises of the NBB, without the compulsory presence of the credit
institutions’ representatives, while the related financial data are announced via telecommunication
either in the Clearing House or at the member banks’ head offices. Operations are confirmed
electronically by the addressee on receipt of the payment documents.
At the end of the day, the net balances of each participant are automatically settled on a current
account at the NBB. This account can be either that of a clearing bank (ie an ELLIPS participant) or
the participant’s own account. All exchanged operations are settled on the same day.
Since the Clearing House of Belgium is an ancillary system like the CEC, the multilateral net balances
are settled through ELLIPS participants. Risk is also limited on account of the participation criteria (see
Section 3.4.2).
The cost of the Clearing House of Belgium is borne by the participants on the basis of the number of
envelopes exchanged and the use of the computer application and courier services.
4.1 Trading
memorandum of understanding with the market authorities of the French and Dutch Euronext markets
regarding the regulation and supervision of Euronext.
Operational aspects
Cash markets
The cash markets comprise four markets. The trading rules are harmonised for the Euronext cash
markets. Most securities are traded on the primary market, where shares, bonds, loans and rights
offered by listed companies are quoted. The primary market is subdivided into the continuous market
and the auction or fixing market. The most liquid securities are grouped on the continuous market.
Price fixing on the continuous market takes place on a continuous or semi-continuous basis, whereas,
on the fixing market, price fixing takes place once or twice a day. The markets are order-driven, and
trading takes place on an anonymous basis.
The secondary market is mainly a market for real estate certificates, operating as an auction market.
EURO.NM Belgium aims at financing innovative companies with a high growth potential. On the
trading facility market are traded financial instruments already negotiated on another, regularly
functioning, recognised and public market.
All these markets are regulated markets in the sense of the EC Directive on investment services.
Some market members act as specialists, with obligations regarding orders and price spreads in
selected stocks, thus providing liquidity.
Trading hours are currently from 9 am to 5 pm. As an automated electronic trading and support
system is used, trade matching between direct market participants takes place immediately. The stock
trades are cleared through Clearnet SA (see Section 4.2).
Derivatives markets
Euronext Brussels derivatives trading takes place on a fully automated market. Brokers can introduce
various single-order or spread-order types into the system. They are able to see the best bid at all
times, ask about the prices available on the market and check the market depth. The trades are
cleared through Clearnet SA (see Section 4.2).
4.2 Clearing
4.2.1 Clearnet SA
Operational aspects
Operationally speaking, the clearing (interposition of the central counterparty and netting) of Euronext
Brussels cash market instruments takes place through the Clearing 21 system, operated by Clearnet
SA.
Derivatives instruments traded on Euronext Brussels (futures, options and index participation units)
are still cleared through the legacy system of the former Belfox, now operated by Clearnet SA. Some
relevant elements:
– Derivatives clearing members are required to separate in Clearnet’s books their customers’
position accounts from their own, as well as separating their own accounts from the
customers’ account of the trading members for whom they execute clearing transactions.
Furthermore, netting between individual customers’ accounts is not allowed.
– Derivatives positions are updated in real time from matched trade reports and are available
for remargining at any time based on the latest prices. Position limits are imposed per
contract and per clearing member.
– Margins are required from clearing members with regard to their own and their customers’
accounts. Furthermore, and notwithstanding the fact that there is no legal relationship
between the clearing house and the clearing members’ customers, the derivatives clearing
rules stipulate that clearing members must ask for minimum margins from their customers.
– Normally, margin requirements are calculated at the end of each day and are to be settled
the following morning before 9.45 am. In order to ensure an adequate and timely clearing
process in volatile markets, Clearnet SA can either increase margin requirements or impose
intraday margining.
– Clearnet establishes an initial margin for each futures contract. A fixed percentage of the
contract value is determined with reference to the maximum anticipated price movement in
one day. Option margins are also calculated on a daily basis, taking into account market
volatility.
– Futures are marked to market daily at the end of each trading day and subject to daily
settlement. Debit margins cause cash payments to be made on the following day before
9.45 am. Option premiums are payable in full on T+1.
Both Euronext Brussels cash stock market transactions and stock options exercises and assignments
at expiry are settled in the FMS system of CIK (see Section 4.3).
4.3 Settlement
4.3.1 NBB-SSS
Operational aspects
Each participant joining the system has different accounts for the securities held on its own account,
those held on behalf of third parties and those pledged for collateralisation purposes.
The settlement of the cash leg of DVP transactions takes place in central bank money on the
participant’s current account in the books of the NBB. The participants thus benefit from very close
integration of the cash and securities dimensions within one single entity.
Repo transactions in Belgian dematerialised public securities traded either on the Repoclear or on the
EuroMTS platforms are cleared within Repoclear, a service provided by the London Clearing House
(LCH). Acting as a central counterparty, Repoclear performs a multilateral netting process once a day,
taking into consideration all the trades concluded between counterparties which have been sent for
clearing. The settlement of the netted movements stemming from Repoclear is subsequently ensured
within the NBB-SSS settlement process.
During the course of the day incoming notifications are entered into the system as quickly as possible.
As soon as a notification has been registered, the system tries to match it. To this end, the notification
of the counterparty must already exist. When both notifications have been entered into the system, all
details are compared and the match is successful if no discrepancies are found.
The bulk of the orders, sent to the system via the SWIFT network, are automatically authenticated,
subject to an exchange of SWIFT keys between the NBB and the participant involved.
Participants located in Belgium can also use a secured IT communications network (developed by the
Belgian banking community) to send their orders to the settlement system.
In order to reduce the risks relating to errors or omissions on the part of the counterparties, the system
regularly updates the status details of participants’ notifications. The participants can verify the status
of their instructions online and react in the event of mismatched instructions.
Several definitive batches (about 10 batches a day) are run throughout the working day. Each of these
batches performs gross settlement of the eligible notifications, meaning that each transaction gives
rise to the simultaneous settlement of one cash and one securities movement (BIS DVP model 1). In
other words, the process checks the effective provision of cash (for the buyer) and of securities (for the
seller) before settling the relevant transaction.
The batches are run between 8 am and 4.15 pm for FOP and DVP transactions; additional batches
may occur between 4.15 pm and 6 pm but only on an FOP basis and for the sake of collateral
transactions involving one NCB of the Eurosystem.
Each of these batches starts at a predetermined time and tries to settle the selected transactions,
provided there is sufficient cash and security provision. Those transactions not selected (owing to a
lack of securities/cash or to other selection criteria) remain in the queue and are examined again when
the next batch is run.
The admission requirements regarding the successive batches are determined in such a way that the
criteria become increasingly broader throughout the day.
The option of an automatic securities lending facility is offered to the direct participants. This facility
enables holders of securities who have no immediate need for them to lend them to other participants.
The lent securities are covered by a pledge of securities taken by the system from the borrower’s own
holdings (full collateralisation basis). These loans are granted without direct intervention of the lenders
and borrowers. The automatic securities lending process is undertaken at the end of the last DVP
settlement batch of the day, scheduled to be completed at 4.30 pm. The repayment procedure is also
automated.
The system operates according to the pooling principle whereby a number of lenders make securities
available to participants who need them to settle their planned transactions. This process is fully
confidential, with the identity of the lenders not being revealed to the borrowers and vice versa. The
automatic securities lending works in such a way as to guarantee fair distribution of the loans in the
long run in terms of amounts offered by each potential lender.
The fee structure includes the following elements:
– a monthly flat rate fee as well as a monthly custody fee per participant identification number
in the system;
– a half-yearly lump sum to cover the cost of consultation facilities; and
– a notification/movement fee per sent order.
The international holding and trading of Belgian public debt securities have also been simplified as a
result of the links established with the NBB-SSS by other SSSs, ie Clearstream Luxembourg,
Euroclear (since 1991) and Sicovam (since 1999).
4.3.2 CIK
The accession rules are laid down in Article 2 of the CIK’s by-laws. Any professional authorised to
handle stock exchange orders as well as any foreign SSS may become a member (affiliate) of
BXS-CIK. Issuers are not admitted.
Affiliates can cancel their membership by giving at least one month’s notice by registered letter. The
affiliate’s liabilities to the CIK end when the affiliate has settled all of its accounts. Any affiliate which
does not respect the decisions of the General Assembly or the Board of Directors or, more specifically,
the terms of the by-laws, or which, in particular, issues transfer or withdrawal orders for which its
account has insufficient funds, may be excluded by the Board of Directors following a summons by
registered letter or a hearing. The affiliate shall be notified of the decision of exclusion by registered
letter at least 15 days before the decision becomes effective.
The Minister of Finance is represented by a government commissioner who attends Board meetings.
The NBB’s oversight responsibilities cover the settlement activities of the CIK.
Operational aspects
The CIK acts as a central depository for Belgian private sector securities. As a custodian, it also
provides safekeeping for bearer certificates and other related services: payment of principal, interest
and dividend in direct participants’ accounts, as well as notification of corporate actions. The CIK is
also the Belgian National Numbering Agency.
The CIK operates a settlement system in which both stock exchange (Euronext Brussels) transactions
and OTC trades are settled.
Eligible securities
Eligible securities for custody services and transfers must be fungible. This covers listed Belgian
shares, warrants, bonds and rights as well as foreign listed bonds and shares. Dematerialised private
corporate bonds are also eligible. Any unlisted fungible instruments can be eligible upon the
agreement of the Board of Directors. Instruments eligible in the CIK are either in dematerialised form
(money market instruments and private corporate bonds) or in bearer form (corporate bonds, shares,
etc), of which approximately 50% are issued as global certificates, while another 40% are immobilised.
Since the implementation of the Law on the Belgian Financial Architecture (BELARFI) in 1998, the CIK
has no longer been able to hold positions on accounts for securities issued by the Belgian public
sector.
Settlement
Both cash and forward market on-exchange transactions are settled through the CIK’s FMS system.
OTC transactions are settled through the electronic matching and securities settlement (EMSS)
system.
Notifications in the CIK system are SWIFT-based messages and are exchanged via the SWIFT
network. A CIK-dedicated workstation (Satelit/Elit) can also be used.
Default procedures
In the event of default (eg bankruptcy), the defaulting participant will be disconnected and will not be
allowed to enter into new transactions. Other participants will be informed by official notification.
In the event of bankruptcy, transactions will be settled up until the moment of declaration or official
notification by the administrator. The Law of 28 April 1999 transposed into Belgian law
Directive 98/26/EC on settlement finality in payment and securities settlement systems. Transfer
orders and netting are enforceable and, even in the event of insolvency proceedings against a
participant, are binding on third parties, provided that transfer orders had been entered into a system
before any such insolvency proceedings were initiated.
– Settlement asset
The CIK does not maintain cash accounts for its participants. The cash accounts are held at the NBB.
The cash leg of the transaction is settled in central bank money. Cash settlement is carried out in
euros.
Matching module
The EMSS provides a real-time matching module, where both buyer and seller introduce the details of
their OTC trade. When the trade is fully matched, the transaction is ready for settlement. When the
instructions do not match, participants receive a message informing them that the transactions are
either unmatched or mismatched.
Settlement module
The EMSS module settles OTC transactions on a trade by trade (gross) basis. It settles DVP
transactions on a daily basis from 6 am to 3.15 pm. EMSS also processes FOP transfers of securities.
The latter can take place from 6 am to 4 pm.
The EMSS-DVP system is a DVP model 1 system according to the 1992 BIS report on “Delivery
versus payment in securities settlement systems”. Securities transfers are processed in the CIK, cash
transfers are processed in the NBB, with the two systems being linked in accordance with an
agreement between the CIK and the NBB.
The cash delivery instruction sent to the NBB will only be initiated by the reservation of the securities
involved in the transaction on a blocked account. The process of cash delivery cannot be initiated in
the event of failure on the seller’s side. The reciprocity of the cash and securities transfers is
guaranteed as reserved securities are only released upon receipt of the confirmation of payment sent
by the NBB. In other words, the buyer is never able to use the securities reserved on his/her account.
The release and the irrevocable and final transfer of these reserved securities to the buyer’s account
are guaranteed by the payment confirmation from the central bank.
Since October 1999, transfers have been performed on a continuous real-time basis, both for
securities in the CIK and for the payment instruction in the NBB’s payment system. The transactions
which are not processed at the end of the day are recycled for settlement on the following day.
Custody
Royal Decree no 62 of 10 November 1967 introduced the circulation of securities through book entry
transfers and provided for the fungibility of all securities admitted to operations within the CIK. It
stipulates a specific custody regime. The CIK is not entitled to any property rights over the securities
deposited. There is no possibility of overdrafts on a CIK participant’s securities account. The holder of
a security held with the CIK is granted co-ownership rights to like securities. In this respect, the
BELARFI Law of 15 July 1998 explicitly provides for the right of recovery in the event of insolvency of
the CIK. Furthermore, the separation of own accounts from customer accounts is mandatory for the
accounts held with the CIK by its participants.
Links
With regard to the links, the CIK has signed an agreement with SEGA (Switzerland’s CSD), stipulating
that the CIK is a participant in SEGA. The CIK has also signed agreements with three other foreign
CSDs, namely with Clearstream Banking Frankfurt (Germany), Euroclear France (France) and
NECIGEF (the Netherlands), as well as an agreement with Euroclear in which both parties are
reciprocal participants. These links with the CSDs are established for FOP transfers of securities
(equities) listed on Euronext Brussels. The Euroclear link can be operated as a DVP link.
Table of contents
List of abbreviations
Introduction
Regulatory responsibility for payments in Canada is shared by the Bank of Canada and the Ministry of
Finance. The Bank of Canada has responsibility for oversight of payment and other clearing and
settlement systems for the purpose of controlling systemic risk. The Minister of Finance has oversight
powers respecting the Canadian Payments Association as well as payment, clearing and settlement
systems that it designates for oversight. The two bodies coordinate oversight activities through a
non-statutory body called the Payments Advisory Committee (PAC).
The Canadian Payments Association (CPA), established in 1980, is a not-for-profit organisation with
membership open to deposit-taking and non-deposit-taking financial institutions. The CPA has a
mandate to establish and operate systems for clearing and settling payments, to interact with other
such systems and to facilitate the development of new payment technologies. Under this mandate, the
CPA owns and operates the two national payment systems: the Large Value Transfer System (LVTS)
and the Automated Clearing Settlement System (ACSS).
The LVTS, Canada’s principal system for clearing large-value and time-sensitive payments, began full
operations in February 1999. It is an electronic credit transfer system that provides real-time net
processing and intraday finality for payments. The risk management arrangements in place ensure that
payments are final and irrevocable in the event of a default by one participant, the largest net debtor, or
more participants.
The ACSS was introduced in 1984 to succeed the previous system. With the introduction of the LVTS,
it is now primarily a retail payment oriented system. The ACSS is a deferred net settlement system that
clears and settles electronic payments and paper-based payments, such as cheques, in Canada.
For both the LVTS and the ACSS, access to the systems is tiered, with CPA members entering
through those members that participate directly in the systems. Settlement occurs across accounts
maintained by these direct participants at the Bank of Canada. The LVTS is by far the larger system by
value, accounting for approximately 84% of the total value of payments cleared and settled.
Canadians have a wide variety of options to make cashless payments. Cheques continue to be
important although their usage for large-value payments has declined significantly since the
commencement of the LVTS. On the retail level, cheques continue to be used but there has also been
strong growth in electronic payment methods, such as paying bills over the telephone or internet, and
in debit and credit card payments.
In Canada, the most prevalent credit card networks are the Visa and MasterCard schemes. The only
Canadian nationwide debit card network is offered by the Interac Association. Interac offers two
services: a shared network for cash dispersion from automated banking machines (ABMs), and a
shared network to allow debit cardholders to pay for purchases at the point of sale (EFTPOS). Both
services are widely used and accepted by Canadians.
There are two main equity markets in Canada, both of which use electronic trading systems: the
Toronto Stock Exchange and the TSX Venture Exchange (TSX). The Toronto Stock Exchange is a
modified auction order-driven market focused on “senior” equity issues. It is the largest exchange in
Canada. The TSX Venture Exchange is a small market focused primarily on small and emerging
companies. The Bourse de Montreal, a continuous auction order-driven market, is Canada’s principal
market for exchange-traded derivatives products.
The fixed income market in Canada is highly decentralised and institutional in nature. Trading between
dealers and clients is typically quote-driven, taking place bilaterally over the telephone. The inter-dealer
market is dominated by four brokers.
Regulation of the securities industry is carried out by provincial securities authorities. Some aspects of
regulation are delegated to self-regulatory organisations. The most important are the exchanges
already mentioned and a national body of investment dealers called the Investment Dealers
Association (IDA).
There are two systems for clearing and settling securities transactions: the Debt Clearing Service
(DCS) and the Securities Settlement Service (SSS). Both are owned and operated by the Canadian
Depository for Securities Limited (CDS), which is itself owned by commercial banks, members of the
IDA, and the Toronto Stock Exchange. By value, the DCS is the larger of the two systems.
The DCS facilitates the clearing and settlement of all Canadian dollar-denominated debt securities. It
can be described as a model 2 delivery versus payment mechanism: transactions are settled with
securities ownership moving on a gross basis in real time while funds positions are calculated and
settled at the end of the day via the LVTS. The risk containment arrangements in place ensure that the
1
DCS is able to settle given the failure of the participant with the single largest net obligation to CDS.
The system is designated for oversight by the Bank of Canada.
The SSS facilitates the clearing and settlement of equity and US dollar-denominated debt securities. It
is by far the smaller of the two systems with respect to the value of transactions handled. The system
completes three cycles each day. At the end of each cycle, securities positions are moved on a gross
basis and cash payments are netted and completed via designated paying agencies. Canadian funds
settlement is completed through the ACSS while US funds settlement is completed through Fedwire.
The SSS does not operate in real time and does not have risk containment arrangements as robust as
those in the DCS. Plans are currently under way to move the clearing and settlement of these items to
an enhanced DCS in 2003.
The Bank of Canada interacts in the payment and securities, clearing and settlement systems in
various ways. First, the Bank of Canada oversees the LVTS, the DCS and the Canadian dollar leg of
CLS Bank operations for their potential to pose a systemic risk. Second, the Bank provides a
settlement account to each of the CPA members that participate directly in the ACSS and the LVTS.
Settlement is completed across these accounts. Third, the Bank provides collateralised overdrafts to
these same participants to fund end-of-day obligations in these systems if necessary. Fourth, the Bank
accepts collateral and provides various collateral services in support of LVTS intraday operations, and
advances. Fifth, the Bank acts as the settlement agent for CDS with respect to the DCS, making and
receiving payments on CDS’s behalf through the LVTS. The Bank also acts as banker for CLS Bank,
providing it too with a settlement account and making and receiving LVTS payments on its behalf.
Finally, the Bank of Canada is a member of the CPA and participates directly in the LVTS and the
ACSS. The Bank is also a participant in the DCS.
Overall, the Bank of Canada has a responsibility towards promoting the economic and financial welfare
of Canada. In doing so, the Bank contributes to the regulation of payment and other clearing and
settlement systems in order to control risk to the Canadian financial system and to promote its
efficiency and stability.
1. Institutional aspects
1
See Section 4.2.1. The DCS will settle even given the failure of the largest extender of credit in the system.
Interac, Visa and SWIFT, are legally validated through private law. However, the by-laws and
procedural rules of the CPA, which is a statutory body, are defined under both public and private laws.
The most relevant laws and voluntary standards are discussed below.
2
The PCSA directs the Bank to be concerned with the oversight of clearing and settlement systems, rather than the
regulation of a particular financial market or the supervision of the affairs of individual financial institutions that may be
members of these systems. Any matter that is not directly related to an institution’s participation in a designated clearing
and settlement system is not subject to the Bank’s oversight under the PCSA.
3
In addition to banks and members of the CPA, the Bank can make loans to a designated clearing house under the PCSA.
The Code of Practice for Consumer Debit Card Services (the Code)
The Code of Practice for Consumer Debit Card Services is voluntary and not legally binding on those
organisations that endorse the Code. The Code was developed through consultation among consumer
groups, financial institutions, retailers and government, with the intent of establishing minimum levels
of consumer protection in debit card arrangements. The Code applies to services that use debit cards
and personal identification numbers (PINs) to access automated banking machines, point of sale
terminals and debit card terminals. The Code outlines the responsibilities of card and PIN issuers;
establishes content guidelines for cardholder agreements and standards for record-keeping and the
recording of transactions; contains provisions dealing with security and liability for loss in the event of
unauthorised use; and defines procedures for the resolution of disputes.
Commercial banks
Commercial banks, originally called “chartered” banks, were established early in the 19th century
primarily to serve the commercial, industrial and governmental sectors of the Canadian economy.
During the past 35 years, they have competed aggressively with other financial institutions in the
market for personal financial services.
4
On 1 June 1992, a new legislative framework for federal financial institutions came into force with the proclamation of the
Bank Act, the Cooperative Credit Associations Act, the Trust and Loan Companies Act, and the Insurance Companies Act.
Under the new legislation, federal financial institutions are now able to offer most kinds of financial services either directly
through subsidiaries, or as an agent through a networking relationship. For an overview of this legislative framework, see
Daniel, F, C Freedman and C Goodlet (1992-93): “Restructuring the Canadian financial industry”, Bank of Canada Review,
Winter.
As of December 2001, there were 14 domestic banks, 33 foreign bank subsidiaries, and 14 foreign
bank branches in Canada. The six largest domestic banks account for approximately 90% of the
banking industry’s assets, and operate on a nationwide basis and internationally. The remaining banks
primarily concentrate on serving the needs of either a particular region or a particular sector of the
economy, and are mostly wholly owned subsidiaries of foreign banks.
All commercial banks are federally incorporated and operate under the provisions of the Bank Act. This
federal act regulates various aspects of the organisation and activities of the banks, such as their
incorporation, ownership, corporate governance, and business powers. Under the Act, the federal
government is responsible for the regulation of the banking sector and OSFI is the federal agency
responsible for supervising all banks in Canada.
Commercial banks accept various types of deposits in domestic and foreign currency from the public,
including: accounts payable on demand; personal savings deposits - both chequable and
non-chequable - non-personal notice deposits; and fixed-term deposits. Banks make loans to
businesses and consumers, make residential mortgage loans and hold a portfolio of securities. Banks
also deal in foreign exchange, provide safekeeping facilities and perform various other services. In the
instance of the largest banks, these operations are, for the most part, carried out through their
extensive network of branches.
5
For more on the cooperative credit system in Canada, see O’Connor, S (1989): “The evolution of the cooperative credit
system in Canada”, Bank of Canada Review, February.
involve, among other things, the investment of surplus funds of local credit unions and caisses
populaires and the lending of funds to those institutions when they cannot meet the local demand for
loans, the administration of online computer systems, and the provision of clearing services. Local
credit unions and caisses populaires are permitted to invest and deposit their statutory liquidity
reserves and other surplus funds with their central, and many do so. To accommodate these funds,
centrals offer a range of demand and fixed-term deposit accounts. Funds that are required by a central
beyond those provided by its member local credit unions or caisses populaires are obtained by
borrowings either from commercial banks or from the national central.
As of 31 December 2001 there were 11 centrals in Canada.
In October 1997, Alberta Treasury Branches became ATB Financial, a provincial crown corporation,
under the authority of the Alberta Treasury Branches Act Chapter A-37.9, 1997 and Treasury Branches
Regulation 187/97. ATB Financial operates under a board of directors, and has investment, liquidity
and risk standards comparable to other financial institutions.
ATB Financial provides a wide range of financial services to its customers. These services include:
chequing and savings accounts; loans; safekeeping facilities; traveller’s cheques; money orders and
drafts; foreign remittances and money transfers; and mutual funds.
Montreal, the TSX Venture Exchange and the Investment Dealers Association of Canada (IDA), whose
6
membership includes the majority of firms actively engaged in securities trading in Canada.
Securities firms have traditionally offered their clients “deposit-like” products to facilitate the
management of liquid balances and typically pay a competitive rate of interest. These firms can now
become members of the CPA and provide payment services to their customers.
6
See Section 4.1 for more on the Canadian securities exchanges.
7
For an overview of the development of the industry, see Fine, E and M Zelmer (1992): “The mutual fund market in Canada”,
Bank of Canada Review, Winter.
8
Other types of managed funds such as hedge and pension funds also exist.
9
Treasury bills typically have a maximum average term of 180 days.
10
See Section 3 for more on the LVTS and the ACSS.
An LVTS advance is a secured loan provided by the Bank of Canada to a participant in the LVTS to
cover a net amount owed by the institution in its end-of-day LVTS position. The interest rate on the
one-business-day loan is set at the upper limit of the Bank of Canada’s 50 basis point operating band
for the overnight interest rate - the Bank Rate. Positive balances are paid interest at the bottom of the
operating band.
ACSS advances (also secured) are provided to the direct clearing members of the CPA to cover net
amounts owed by the institution arising from the ACSS. The interest rate charged for these advances
is set at 150 basis points above the operating band. Positive balances are paid interest equal to the
bottom of the operating band minus 150 basis points.
Collateral services
The Bank of Canada performs several functions respecting the collateral pledged to it in support of
overnight advances and participants’ use of the LVTS. The Bank establishes the types of assets
acceptable for pledging, values the securities that are pledged, and reports the valuations to the LVTS
system operator.
1.2.2 Oversight
Under the Payment Clearing and Settlement Act, the Bank of Canada reviews all eligible payment and
other clearing and settlement systems for their potential to pose a systemic risk. A system is eligible for
review by the Bank if:
· it has three or more participants, one of which is a bank;
· it clears or settles Canadian dollar payment obligations; and
· the payment obligations are ultimately settled through accounts at the Bank of Canada.
If the Governor of the Bank forms the opinion that a system has the potential to pose a systemic risk,
the system may be designated as subject to the PCSA, provided that the Minister of Finance is of the
opinion that this is in the public interest. Once designated, a system has to satisfy the Bank that it has
mechanisms in place to manage and control systemic risk. The Governor may issue directives to the
system operators or to participants in a designated system in extreme situations where the Governor
judges that systemic risk is being inadequately controlled. The Bank has designated the LVTS, the
DCS and the Canadian dollar operations of CLS Bank under the PCSA.
The Bank has issued the Guideline Related to Bank of Canada Oversight Activities under the Payment
12
Clearing and Settlement Act. The Guideline describes how the Bank operates under the PCSA,
particularly in gathering information to identify eligible systems and in determining whether eligible
systems will be designated. The Guideline also indicates the minimum standards that the Bank applies
to designated systems. These minimum standards incorporate the Core Principles for Systemically
11
See Sections 1.3.3 and 4.2.1.
12
Available on the Bank of Canada’s website (www.bank-banque-canada.ca).
13
Important Payment Systems issued by the Committee on Payment and Settlement Systems (CPSS).
The LVTS, Canada’s principal system for large-value payments, has been assessed by the Bank of
Canada as being in full compliance with these core principles. In addition, in June 2000, the
International Monetary Fund and the World Bank published their Report on the Observance of
Standards and Codes in Canada (prepared in the context of the Financial Sector Assessment
14
Program), which concluded that the LVTS is in full compliance with the CPSS Core Principles.
The PCSA also provides the Bank of Canada with a number of powers that it could exercise in its
dealings with payment and other clearing and settlement systems. Two noteworthy powers are the
ability to provide a guarantee of settlement to particular systems, and the ability to pay interest on
special deposits accepted from the participants in particular systems. With regard to the former power,
the Bank of Canada has provided a guarantee that the LVTS will settle in the extremely unlikely
circumstance that more than one participant fails during the LVTS operating day. The guarantee could
only be called on in extremely rare circumstances where all of the following conditions held: there is an
unanticipated failure of more than one participant on the same day during LVTS operating hours, the
failing participants have a net owing position vis-à-vis the system, and the amount owed by the failing
15
participants exceeds the value of collateral that has been pledged to the Bank of Canada.
13
See Goodlet, C (2001): “Core principles for systemically important payments systems and their application in Canada”,
Bank of Canada Review, Spring.
14
This document is available on the IMF website (www.imf.org).
15
See Section 3.1 for more on the LVTS.
In carrying out its mandate, the CPA owns and operates the two national payment systems in Canada,
the Automated Clearing Settlement System (ACSS) and the Large Value Transfer System (LVTS). The
Association, through its board of directors, sets by-laws, rules and standards that govern members’
participation in these systems and outlines operational procedures. Through a network of committees
representing its members and stakeholders, the Association interacts with other payment systems
operating in the Canadian environment and actively investigates emerging payment technologies.
Services
The Canadian Depository for Securities Limited (CDS) is the securities settlement system operator in
Canada. CDS provides three main services: a depository service and two securities clearing and
settlement systems, the Debt Clearing Service (DCS) and the Securities Settlement Service (SSS).
The depository service provides facilities to deposit and withdraw depository-eligible securities,
manage related ledger positions, and use these positions for various business functions. Major
depository accountabilities are the safe custody and movement of securities, accurate record-keeping,
and the collection and distribution of the entitlements associated with the securities.
In both securities clearing and settlement systems, CDS participants can report, confirm and settle
securities trades. The SSS handles both domestic and foreign securities, and the DCS currently
handles only domestic clearing. See Section 4.2 for more details on these systems.
In 2001, CDS migrated domestic longer-term provincial and private sector securities from the SSS to
the DCS and intends to migrate all remaining securities in the SSS to an enhanced DCS by the end of
2003.
16
That is, approved by the executive branch of the federal government.
and the Bank of Canada. Members may participate in one or more of the CDS services: equity, debt,
and money market instruments.
The CDS board of directors consists of 14 directors: nine shareholder directors, one from CDS
management, one from the TSX Venture Exchange, and three independent directors from outside the
securities industry.
Regulation
CDS, its clearing systems and its participants are subject to legislation and regulations of different
jurisdictions. At the federal level, the Bank of Canada oversees the DCS, which is a designated system
under the PCSA. At the provincial level, CDS is regulated by the Ontario Securities Commission under
the Ontario Securities Act and the Commission des valeurs mobilières du Québec under the Quebec
Securities Act. CDS also works with the Alberta and British Columbia securities commissions as
needed. In addition, CDS reports as required to the Canadian Securities Administrators (CSA). Finally,
CDS cooperates with federal and provincial financial institution regulators, which oversee CDS
participants.
17
1.3.4 Interac
Interac is the principal nationwide provider of shared network services for cash withdrawals at
automated banking machines and debit card at the point of sale.
Services
Interac provides two basic services, Interac Direct Payment (IDP) and Shared Cash Dispensing
18
(SCD). The SCD service has been operating nationally since 1986. It enables cardholders to
withdraw cash from the ABM of any other member or associated institution using a debit or credit card.
The service uses a shared network, the Interac Inter-Member Network, to connect the proprietary
networks of the members for the routing of transactions. In a similar way, since its introduction in 1990,
the IDP service uses the Interac Inter-Member Network to connect proprietary EFTPOS networks to
allow consumers to use their debit card to pay for purchases. For both services, the cardholder
validates the payment instruction through the use of a personal identification number (PIN), which is
verified by the issuer online and in real time for each transaction.
In support of these two basic services, each Interac Association member carries out one or more of
four basic operations. Issuers issue cards for access to Interac services and have traditionally been
deposit-taking institutions, in line with the requirements for access to membership in the CPA.
However, Interac has committed to updating its rules to extend card-issuing eligibility to life insurance
companies, securities dealers and money market mutual funds in order to be consistent with the new
CPA member eligibility criteria under the CP Act. Acquirers operate the devices that accept Interac-
eligible cards, transmit the transaction data to the relevant party, and provide the consumer with an
access point to the Interac service. Such devices include ABMs and point of sale (POS) terminals in
stores. Direct connectors that provide access to the Interac network for indirect connectors are called
“connection service providers”. Finally, settlement agents settle the financial obligations arising through
the shared networks through the Automated Clearing Settlement System.
17
The main written source for this section is Interac (2000): Interac - a backgrounder (www.interac.org).
18
See Section 2.2.3 for more on these services.
The Interac Association is governed by a 14-member board of directors which is appointed annually by
members based on transaction volumes and subject to certain constraints: at least two must be
appointed by non-financial institution direct connectors, three are appointed by indirect connectors, and
no more than nine can be appointed by financial institution direct connectors.
Organisational structure
The role of Interac is to facilitate the development of shared services that support electronic banking
and payment services offered by its member institutions. Three separate organisations contribute to
this mandate. The Interac Association is an unincorporated association which facilitates members’
transactions under a common set of rules and markets the two services provided, namely Interac
Direct Payment and Shared Cash Dispensing. The Interac trademarks and the software licensing is
managed by a not-for-profit company, Interac Inc. Finally, the interface software that facilitates the
exchange of financial transactions among members is owned by Acxsys Corporation, which then
provides an exclusive licence for that software to Interac Inc.
Cheques
A cheque is a bill of exchange drawn on a member of the CPA and is payable upon demand of the
person/institution to whom the item is directed. The statutory framework for cheques is provided by the
Bills of Exchange Act (Section 1.1.1) and they are subject to the by-laws and rules of the CPA.
Cheques have traditionally been the means of choice for making cashless payments. However, with
the commencement of the LVTS, the use of cheques for large-value payments has decreased
substantially as payments have moved to this well risk-proofed, electronic credit transfer system. In
addition, for small retail transactions at the point of sale, the use of cheques has begun to give way to
19
See Section 1.3.2.
other methods such as debit and credit cards. Nevertheless, cheques continue to be a popular way to
make payments. In December 2001, they represented 26% of the volume and 81% of the value
cleared through the ACSS.
20
The process for settling these transactions changed in the spring of 2001. The ACSS calculates the bilateral net positions
for each direct clearer vis-à-vis each other direct clearer. The bilateral net obligations are settled by each direct clearer
making (and receiving) payment through the LVTS.
transfers through this well risk-proofed system have grown to account for 84% of all payment value
exchanged through CPA-operated systems.
Debit cards
Generally, debit cards offer two main services to the cardholder. They allow cardholders to pay a
vendor through an electronic funds transfer at the point of sale (EFTPOS), and provide access to the
ABM networks with which the card issuer is affiliated. With respect to the latter, such networks include
the card issuer’s proprietary network, and shared networks such as Interac, Cirrus and PLUS. Interac
23
offers the principal nationwide network for ABM transactions and EFTPOS.
Interac (Section 1.3.4) provides two services. The Shared Cash Dispensing (SCD) service allows
customers to withdraw cash from ABMs other than those branded by the institution that issued their
card. The Interac Direct Payment (IDP) service allows customers to pay for purchases at the point of
sale (EFTPOS). Both services are very well accepted and used by Canadians. In 2001, the IDP service
was offered by 328,009 merchants and approximately 2.2 billion transactions were processed through
the system for a total approximate value of CAD 94.9 billion. The SCD service processed
approximately 375 million transactions with a total value of about CAD 33 billion. Obligations between
24
Interac members arising from these services are cleared and settled through the ACSS.
There are various fees associated with the IDP and SCD services. Association switch fees are the only
fees collected by the Interac Association. Interac calculates the costs of operating the system and sets
a “per transaction” fee sufficient to cover its costs. Throughout the year, the fee may be adjusted as
needed and on average it is less than 1 cent per transaction. This fee is the same for all members
regardless of the volume of transactions they perform. There are no access or licence fees.
21
These make up a portion of what are often called “me-to-me” payments.
22
Other networks such as the Visa affiliated PLUS network or MasterCard’s Cirrus network also operate in Canada.
23
Transactions through proprietary networks are typically cleared as “on - us” transactions within the card issuer. See section
3.2 for more on how shared network transactions are cleared and settled.
24
Besides Interac, other schemes do exist in particular locations. For example, MasterCard has recently begun providing an
offline debit card in selected parts of Canada.
Interchange fees for the SCD service are paid by the issuer to the acquirer for each completed
transaction and are set by the Interac Association. However, interchange fees for the POS service
have been set at CAD 0.00 since the service began.
Card issuers set fees charged to cardholders for access to the shared ABM network and the EFTPOS
service. These are often bundled with other account service fees. Additional fees are often charged
when the cardholder uses the ABM of a member other than its card issuer.
For POS transactions, acquirers set fees charged to merchant clients. These fees are typically based
on a number of issues such as volume and the relationship between the merchant and acquirer.
Typically, the fee is bundled with other services such as credit card processing and terminal and PIN
pad rental.
Credit cards
Credit cards may be issued by deposit-taking institutions, financial non-deposit-taking institutions, and
retailers. Cards issued by retailers that are not connected to a network such as Visa, MasterCard or
American Express are typically for use within their own stores only and are generally referred to as
“retailer” cards.
Credit cards, including charge cards, provide holders with uncollateralised borrowing (almost always
subject to a prespecified credit limit) for either a cash advance (eg, through an ABM) or for purchases
at a participating merchant. Payments to merchants can be made face-to-face at the point of sale, by
mail, or over the telephone and internet. Depending on the merchant, card authorisation may be either
online or offline. Cards may also provide other services such as insurance products and loyalty
programmes. Cardholders are billed monthly and, depending on the terms of the card, may pay the
whole balance or a partial amount. Interest is charged on the unpaid portion. There is typically a
minimum monthly payment.
Depending on the card and the services provided by the cardholder’s financial institution, outstanding
balances can be paid at bank branches through a teller or ABM, at the retailer issuing the card, by
cheque, by direct debit, or by an account holder initiated credit. For Visa and MasterCard, obligations
arising among issuers and acquirers are settled through the LVTS.
Regarding the Visa and MasterCard networks, the most pervasive arrangements in Canada, as of the
end of 2001 there were 19 principal issuers, 44.1 million cards in circulation, and 1.2 million merchant
25
outlets. The average transaction grew from CAD 67.22 in 1990 to CAD 99.16 by the end of 2001.
25
Statistics for Visa and MasterCard in Canada can be seen on the Canadian Bankers Association website (www.cba.ca).
Visa Cash launched a pilot in Barrie, Ontario, in 1997 involving reloadable cards with multiple payment
features issued by the Bank of Nova Scotia. The card’s chip facilitates a variety of functions: stored
e-money value, customer loyalty plans and an automated transit fare collection function for Barrie
Transit. The cards also include a traditional debit function via a magnetic stripe.
Stored value on the cards is loaded in one of two ways: through specialised units that transfer value
from the user’s bank account to the card through a network operated by the Interac Association, and
through the internet via the Bank of Nova Scotia computer banking site. Increasingly, payment services
offered through loyalty plans and automated fare collection are gaining importance, as opposed to the
stored value function.
26
For more information, see Dingle, J (1998): “The LVTS - Canada’s large-value transfer system”, Bank of Canada Review,
Autumn, pp 39-55.
27
See Section 1.3.2 for information on the CPA and Section 1.1.1 for information on the PCSA and the CP Act.
28
standards govern all aspects of the LVTS. These rules are publicly available. It is on the basis of
these documents that the CPA oversees both the daily operations of the LVTS and compliance with
transaction rules. Both the Governor of the Bank of Canada and the Minister of Finance are given, by
29
the CP Act and the PCSA, certain regulatory powers with respect to CPA rules and by-laws.
3.1.2 Participants
The CPA sets out the requirements for financial institutions to be direct participants in the LVTS. To
become a direct participant, a financial institution must first be a member of the CPA. It must also:
· maintain a settlement account at the Bank of Canada;
· have access to SWIFT in Canada; and
· have the technical capability for its LVTS operations.
Beyond these requirements, the LVTS is an open system that does not require financial institutions to
maintain a minimum value or volume of transactions to become a direct participant. Foreign bank
branches that are members of the CPA are eligible to become direct participants. However, the
Governor of the Bank of Canada has the right to prohibit such a participant if he or she is of the opinion
that such a participant poses or is likely to pose an unacceptable risk to the Bank of Canada or the
LVTS. Financial institutions that are not direct participants must use the services of a direct participant
to carry out transactions in the LVTS.
As of December 2001 there were 14 direct participants in the LVTS, consisting of 10 commercial
banks, two federations of credit union centrals, one government savings institution and the Bank of
Canada.
28
On the CPA website (www.cdnpay.ca).
29
See Sections 1.1.1, 1.3.1 and 1.2.2.
30
See Section 4.2.1.
31
Section 3.1.5 describes the risk control mechanisms in more detail.
At the end of the daily cycle, the participant’s tranche 1 and tranche 2 positions are merged and the
final multilateral net positions are settled across settlement accounts at the Bank of Canada. These
entries are final. After the settlement period, the Bank of Canada lifts its security interest on the
amounts pledged as LVTS collateral.
32
This is a residual guarantee, only invoked once the defaulter’s and survivor’s collateral have been used.
payment obligations arising from the banknote settlement, the daily auction of federal government
funds, the Debt Clearing Service, and CLS Bank settle through the LVTS.
The transfer period is followed by a half-hour presettlement period to allow participants to transact with
each other for the purpose of reducing their short or long position, thus reducing the amount they may
have to borrow from, or have on deposit with, the Bank of Canada overnight. The period from
6.30-7.30 pm is the final settlement period.
3.1.8 Pricing
Under the Canadian Payments Act, the Canadian Payments Association charges its members dues for
their participation, or level of activity, in the system. The development costs as well as the operating
costs are entirely covered by the LVTS direct participants. The pricing method used by the CPA can be
characterised as “cost recovery”. The proportion of the total costs charged to each participant depends
on its share of the total volume sent and received through the LVTS. New direct participants are
charged a proportion of the unamortised development costs and operating costs depending on the
volume they send and receive through the LVTS.
Although the Bank of Canada has the right to recover costs for the settlement services it provides to
CPA members, it does not presently charge fees beyond the interest charges applied to overdraft
33
loans.
3.2.2 Participants
34
All members of the CPA can participate in the ACSS. Direct clearers enter transactions directly into
the system and settle for the net value of payment items drawn on or payable by it through their
settlement accounts at the Bank of Canada. They can also act as clearing agents for indirect clearers.
In order to be eligible to become a direct clearer, an institution must:
· be a member of the CPA;
· be a deposit-taking institution or a securities dealer;
· process payment items the volume of which is at least 0.5% of the total national volume of
payment items;
33
The Bank of Canada pays interest on deposits at a rate below the target overnight rate.
34
See Section 1.1.2 for a complete description of institutions eligible for CPA membership.
35
See Section 2.2 for a more detailed description of the various payment types.
credit position have the funds credited to their account and value is returned to them through an LVTS
payment on V+1. Note that although settlement is completed on V+1, clients receive value as of day V.
3.2.6 Pricing
The CPA recovers its operating costs through dues charged to its members. Each year, the total
assessment is determined based on the costs of operating the system. The amount each member
pays is based on its proportional share by volume of the ACSS payment items it sent and received
compared to the total volume of items sent and received. At a minimum, each member pays at least
0.0625% of the total assessment. The dues are payable in two instalments.
As with the LVTS, the Bank of Canada does not charge fees for its settlement services beyond the
36
interest charges applied to overdraft loans. The interest charge for ACSS-induced overdrafts is above
that applied to LVTS-induced overdrafts.
Legislative changes
The Canadian Payments Act of 2001 introduced many changes for the CPA and the systems it
operates. One of the most important changes was the expansion of membership from deposit-taking
37
institutions to non-deposit-taking financial institutions.
36
As with the LVTS, the Bank of Canada pays interest on deposits at a rate below the target overnight rate.
37
See Section 1.1.2.
38
For more details see Miller, P and C A Northcott (2002): “CLS Bank: Managing foreign exchange settlement risk”, Bank of
Canada Review, Autumn, pp 13-25.
39
Although it also has the capacity to handle payments originating in Canada for delivery to the United States.
rules for the clearing of such payments. Both gateway operators satisfy NACHA’s gateway operator
requirements as defined in the Cross-Border Payment Operating Rules.
The Transferts Interbancaires de Paiements Automisés Network (TIPANET), operated by TIPA Group
SC, is a club arrangement involving shareholder cooperative banks in various countries, one of which
is Canada’s Caisse centrale Desjardins. TIPANET facilitates the clearing of cross-border retail
payments through the SWIFT FIN messaging system and it complies with the EC Directives on cross-
border payments. Payments are converted to local currency by the receiving TIPANET partner bank
with each leg cleared and settled by the originators and receivers in their respective national payment
systems. Cross-border settlement is via the correspondent banking arrangements between TIPA
partners.
Finally, the CPA owns and operates the US Bulk Exchange System (USBES) to facilitate the clearing
of US dollar-denominated payments, both cheques and certain types of electronic payments, between
members of the CPA. The USBES clears payments, calculating the multilateral net positions for each
of the 11 directly participating CPA members. The net positions are settled through CHIPS via either
the Canadian participants’ branch or subsidiary acting in CHIPS, or via correspondent arrangements.
4.1 Trading
40
4.1.1 Regulation
The securities industry is regulated in each province by a government body, a securities commission,
that oversees a provincial or territorial securities act. The provincial and territorial bodies communicate
and coordinate through a forum called the Canadian Securities Administrators (CSA).
Some of the provincial securities commissions delegate some aspects of regulation to self-regulatory
organisations (SROs). The stock exchanges (outlined below) each have responsibilities with respect to
their particular market and members. The Investment Dealers Association (IDA) is both a trade
association and a self-regulatory organisation for the securities industry, exercising member regulation
over the business activities of member securities firms. In February 2002, Market Regulation Services
Inc. was recognised as a self-regulatory organisation in order to provide market regulation services to
alternative trading systems and exchanges.
Investors are safeguarded by the Canadian Investor Protection Fund (CIPF), a private trust fund
established to protect customers (up to CAD 1 million) in the event of the insolvency of a member of
40
Information taken from the IDA (www.ida.ca) and MFDA (www.mfda.ca) websites.
any of the above-mentioned SROs. Finally, the Mutual Fund Dealers Association (MFDA) is a self-
regulatory organisation consisting of mutual fund dealers. It is responsible for regulating the sales and
distribution of mutual funds by its members in Canada, except in Quebec where the Bureau des
services financiers assumes these responsibilities.
41
Other smaller exchanges were also present: the Winnipeg Stock Exchange, The Winnipeg Commodity Exchange and the
Toronto Futures Exchange. The Canadian Dealing Network (CDN) was recognised as a quotation and trade-reporting
system.
42
Additional information regarding the exchanges can be found at www.tse.com, www.me.org, www.cdnx.com and
www.international.nasdaq.com/Nasdaq-Canada/NasdaqCanada.asp.
43
International Federation of Stock Exchanges (www.fibv.com).
owned subsidiary which provides trading and market data services), and Market Regulation Services
Inc. (an independent not-for-profit corporation which was created in equal partnership with the IDA
following the demutualisation in order to separate the Toronto Stock Exchange’s market regulation
function from its other business lines).
Nasdaq Canada
On 26 April 2000, Nasdaq Stock Market Inc (Nasdaq) and the Government of Quebec announced that
they had reached an agreement to establish a new exchange: Nasdaq Canada. Nasdaq US is a
dealership, quote-driven equity marketplace which has specialised in the securities of small to
mid-sized and new technology firms.
In November 2000, Nasdaq terminals were installed in the offices of those Quebec dealers who are
members of the US National Association of Securities Dealers (NASD), allowing them direct access to
the US Nasdaq market. Regulation is being carried out by NASD Regulation. Clearing and settlement
of securities are handled through an existing bilateral agreement between the US Depository Trust &
46
Clearing Corporation (DTCC) and the Canadian Depository for Securities. As of autumn 2002, further
plans to establish a new exchange have been put on hold.
44
At the end of 2000, 128 small-sized Quebec companies were still listed on the exchange. In the autumn of 2000, the
Bourse and the TSX Venture Exchange (then known as the CDNX) reached an agreement for the transfer of these
companies, which was completed in October 2001.
45
Commission des valeurs mobilières du Québec (CVMQ).
46
Note that all Nasdaq-listed securities are traded in US dollars.
across markets, and consolidated market information requirements. The proposal was revised in 2000
and the final version, called Rule ATS, was adopted in Quebec on 28 August 2001 and was approved
by the Ontario Minister of Finance on 17 October 2001 (with a concurrent execution date of
1 December 2001). Approval has since been obtained in all the major provincial jurisdictions.
Inter-dealer market
The inter-dealer fixed income market in Canada is currently dominated by four screen-based brokers
47
or inter-dealer brokers (IDBs). Freedom International Brokerage (recently acquired by Cantor
Fitzgerald) and Shorcan specialise in bond trading, while Prebon and Tullett & Tokyo facilitate trading
in money market instruments.
Prior to the introduction of the first IDB to Canada’s fixed income market (Shorcan in 1978), securities
dealers traded amongst themselves in a bilateral, telephone-based market. This practice has become
less and less common in recent years, but full electronic trading in the inter-dealer market has yet to
take hold. A system designed to provide transparency in the inter-dealer fixed income market, CanPX,
was introduced in the autumn of 2001. This system displays aggregated quotes and post-trade
information from the various IDBs.
The IDA influences the inter-dealer broker market through regulation of participants: IDA members are
restricted from trading on an IDB that does not meet the requirements put forth in IDA Regulation
2100.
47
Screen-based brokers post bids and offers on a computerised network. Dealers who wish to trade must call the broker.
Institutional aspects
The DCS is owned and operated by the Canadian Depository for Securities and is designated for Bank
49
of Canada oversight under the Payment Clearing and Settlement Act. It is an online real-time system
that was first implemented in 1994 to clear and settle Government of Canada Bonds. Following
enhancements to its risk containment arrangements in 1995, Government of Canada Treasury Bills
were added to the system. In 1998, the remaining money market instruments followed. In 2001, CDS
migrated longer-term provincial and private sector debt securities from the SSS into the DCS. Future-
dated transactions involving Government of Canada Bonds or Treasury Bills are handled within the
DCS using a process called DetNet. The remaining securities held in the SSS, equity securities and
foreign debt, are planned for migration to an enhanced DCS in 2003. The enhanced system will be
called CDSX.
48
See the chapter “International payment arrangements” for more on the CLS Bank initiative.
49
See Section 1.1.1.
50
Securities may also be cleared via a daily batch settlement which occurs during the early hours. Although described as a
batch process, it is legally a gross mechanism.
obligations are settled at the end of the day via designated bankers, with payments made through the
Large Value Transfer System (LVTS) to CDS’s settlement account held at the Bank of Canada.
Special procedures have been developed to allow securities that are held in the DCS to secure the
DCS intraday payment obligations to be used as collateral to make the LVTS payments. CDS retains a
prior claim on these securities until the LVTS payment is made. LVTS payments are final and
irrevocable, allowing final settlement of CDS to occur once all the payment obligations have been
received. After settlement, securities that were held in accounts with restricted access become
available for use without restriction.
In January 2002, CDS introduced a new functionality within the DCS called DetNet. For users of this
function, confirmed future-dated trade transactions involving Government of Canada Bonds or
Treasury Bills are netted by security and settlement date, with CDS becoming the counterparty to the
netted transactions. Settlement of these netted transactions is completed through the usual DCS
settlement arrangement.
The opening hours for the DCS are designed to support the operations of CLS Bank. The DCS is open
from 12.30 am-8 pm. Online activities become available at 12.30 am, settlement of payments begins at
4 pm and ends at 5 pm. After settlement, the DCS remains open until 8 pm for movement of securities
only.
Risk management
The risk containment model developed in the DCS, which is based on survivors pay, runs in real time
and is designed to protect CDS from the intraday failure of the participant with the single largest net
obligation to CDS. Moreover, the Bank of Canada acts as CDS’s settlement agent so that CDS is
51
protected from “banker risk”.
There are fundamentally two types of participants in the DCS - receivers of credit and extenders of
credit. The receivers of credit are the majority of institutions participating in the system and they
receive lines of credit from extenders that enable them to purchase securities. At the end of the day,
the extenders of credit are required to make payments to the clearing house to cover securities bought
on their own behalf and on behalf of their customers, as well as to cover securities bought by receivers
of credit. Receivers of credit grant the extenders a security interest in the securities delivered to the
receivers on that day. If an extender is required to make payment for a receiver that is unable to fulfil
its end-of-day payment obligation, the extender is entitled to take possession of those securities (the
so-called delivered or “unpaid-for” securities). The amount that each extender can owe the system
(either on behalf of those to which it has extended credit or on its own behalf) is capped.
The system also has a loss-allocation procedure in the event that an extender of credit is unable to
meet its end-of-day payment obligation, either for its own net purchases during the day or on behalf of
those receivers of credit that are unable to fulfil their payment obligations at the end of the day. Under
the loss-allocation procedure, the remaining extenders are required to fulfil the obligation to the system
of the failed extender. This loss-allocation procedure is backed up by a security interest held by CDS
and surviving extenders in the securities of the failed extender and of any failed receivers for which it is
supposed to make payment, as well as a pool of collateral that all extenders of credit maintain in
accordance with the requirements set out in the DCS Rules. The sum of these two types of collateral is
sufficient to cover the failure of the extender with the single largest possible net debit to the system.
Thus, in the case of the failure of a single extender, the DCS would be able to settle without unwinding
any settled transactions and without causing undue liquidity strains for participating financial
institutions.
Within this framework, the Debt Clearing Service incorporates a variety of risk control mechanisms in
its design and operations.
· The DCS is a real-time online facility with the position of each participant calculated on a
transaction by transaction basis.
· The DCS has been designed to operate on a delivery versus payment (value for value) basis.
There is gross, or item by item, settlement for securities transfers throughout the day and, at
51
The risk to participants in a clearing and settlement system of the failure of a private sector institution acting as settlement
agent for the system.
the same time, there is continuous netting and novation to CDS of corresponding payment
obligations.
· Extenders of credit net debit positions vis-à-vis the DCS are subject to “system operating
caps”, ie ceilings, with the cap linked to the size of each extender’s regulatory capital.
· A collateral pool is maintained to secure payment items and to provide coverage of intraday
risk, until payment exchange is complete. The Aggregate Collateral Value (ACV) edit ensures
that any default will be fully collateralised at all times by securities. The system rejects
transactions that would cause a participant’s payment obligation to exceed the value of
securities pledged as collateral to cover that payment obligation. The ACV tracks the value of
a participant’s collateral in real time.
· Any transactions that would put a participant outside the limits imposed by the
collateralisation requirement or system operating caps are placed in a “pending” status until a
change allows the transaction to settle within these limits.
· All participants in the DCS can calculate exactly their maximum risk exposure at any given
time.
· At the end of the day, the net amounts owed and owing between CDS participants (as a
result of the novation of obligations to CDS) are settled using the Large Value Transfer
System (LVTS).
· The system does not permit the reversal or unwinding of transactions as a means of dealing
with participant failure.
· The Bank of Canada acts as settlement agent for CDS in the LVTS, with respect to payment
obligations in the DCS. The Bank of Canada, in carrying out this daily function, receives
payments from participants that owe money to CDS and makes payments to participants
entitled to receive money from CDS. With the Bank acting as settlement agent, so-called
“banker risk” is eliminated for the DCS and its participants. Banker risk refers to the possible
failure of a private sector institution acting as a settlement agent for a clearing and settlement
system. There is no liquidity or credit risk to the Bank of Canada from carrying out this
function because the LVTS is used to make end-of-day DCS payments and the Bank will
make an LVTS payment on behalf of CDS only if there is a sufficient balance in CDS’s
account to cover the amount of the payment.
The DetNet process has a separate risk management structure that requires each DetNet participant
to contribute margin collateral that covers the participant’s own risks to CDS for their DetNet activities.
If a participant fails to fulfil any of its obligations to CDS within DetNet, CDS may suspend the
participant and initiate both the DCS default procedures and the DetNet closeout procedures. The
DetNet closeout procedures use a defaulters pay model, and the value of the DetNet collateral that
CDS has received from the defaulting participant is expected to be sufficient to cover any DetNet loss
generated by the default of that participant.
Risk management
The SSS does not operate in real time and does not have risk containment mechanisms that are as
robust as those in the DCS. To secure payment of amounts due, each participant grants CDS a
security interest in the following collateral: all cheques and money received by CDS on behalf of the
participant upon trade settlement; all payments made to the participant through any service upon trade
settlement; all dividends, interest, amounts due from maturity, principal repayments and all other
entitlements and proceeds arising with respect to the securities which form the collateral; and all
contributions made to a participant fund. The participant fund is made up of contributions from the
participants and may include a combination of cash, securities or irrevocable letters of credit in favour
of CDS. In some extreme circumstances, unwinds may occur.
52
Information in this section from: Canadian Derivatives Clearing Corporation (2001): Information statement on market
protection mechanisms, financial resources and default procedures (www.cdcc.ca).
and the ACSS; and any advances associated with the withdrawal of currency by participants in the
Banknote Distribution System (BNDS).
Table of contents
List of abbreviations............................................................................................................................... 73
Introduction ............................................................................................................................................ 75
1. Institutional aspects ..................................................................................................................... 76
1.1 The general institutional background ................................................................................ 76
The Settlement Finality Directive (SFD)............................................................................ 77
The Cross-Border Credit Transfers Directive.................................................................... 77
The E-money Directive...................................................................................................... 78
The Investment Services Directive.................................................................................... 78
The Regulation on cross-border payments in euros ......................................................... 78
1.2 The role of the Eurosystem ............................................................................................... 79
1.2.1 Payment systems oversight .................................................................................... 79
1.2.2 Activities in the area of securities clearing and settlement systems....................... 81
1.2.3 Operational role of the Eurosystem ........................................................................ 82
1.2.4 Cooperation with other institutions.......................................................................... 82
1.3 The role of other private and public sector bodies ............................................................ 83
1.3.1 The Commission of the European Communities, the Council of the
European Union and the European Parliament ...................................................... 83
1.3.2 Banking federations and associations .................................................................... 83
1.3.3 Other federations and associations ........................................................................ 83
2. Payment media used by non-banks (aggregated euro area description) ................................... 84
2.1 Cash payments ................................................................................................................. 84
2.2 Non-cash payments .......................................................................................................... 84
2.2.1 Credit transfers ....................................................................................................... 84
2.2.2 Direct debits ............................................................................................................ 84
2.2.3 Payment cards ........................................................................................................ 85
2.2.4 Cheques.................................................................................................................. 85
2.3 Recent developments ....................................................................................................... 86
3. Interbank exchange and settlement systems .............................................................................. 86
3.1 The real-time gross settlement system: TARGET ............................................................ 86
3.1.1 Operating rules ....................................................................................................... 87
3.1.2 Participation in the system ...................................................................................... 87
3.1.3 Types of transaction handled.................................................................................. 88
3.1.4 Operation of the transfer system ............................................................................ 88
3.1.5 Transaction processing environment...................................................................... 88
3.1.6 Settlement procedures............................................................................................ 89
3.1.7 Credit and liquidity risk............................................................................................ 89
3.1.8 Pricing ..................................................................................................................... 90
3.1.9 Statistical data for TARGET.................................................................................... 90
List of abbreviations
Introduction
On 1 January 2002, euro banknotes and coins were introduced in the euro area. It was an event of
paramount importance in the history of Europe. The production of more than 15 billion banknotes
posed a huge challenge, especially considering that it required concerted action across 15 printing
works in the euro area and that banknotes had to be produced to the same quality standards all
across Europe, using raw materials from different suppliers. In addition, the logistics of the actual
changeover process were an enormous project requiring very early preparation and intense
discussions at several levels. The cash changeover proceeded extremely well and, in fact, in many
ways exceeded expectations. The success can be attributed to the quality of the preparatory work
performed by all sectors involved and at all levels, as well as to the enthusiasm with which the citizens
of the euro area have embraced their new money.
Payment and securities settlement systems in the European Union were originally created with the aim
of meeting domestic requirements. They were rather diverse in nature and not necessarily suited to
the needs of a single currency area, where an infrastructure is needed which enables the quick and
smooth flow of payments and securities at a low cost in the whole area. Against this background, the
financial infrastructure in the European Union has undergone rapid changes both in the run-up to and
following the introduction of the euro. The launch of the euro and developments in technology led to
an overhaul and reshaping of the infrastructure for effecting payments and for the trading, clearing and
settlement of securities. In addition, the advent of the single currency has also accelerated efforts to
harmonise and consolidate payment and securities settlement systems.
Some payment and securities settlement systems are common to, or relevant for, all the EU member
states which have adopted the euro as their single currency. The aim of this chapter is to describe
these systems and to depict the legal and regulatory environment in which they operate. Major
emphasis has been placed on the role of the Eurosystem, which comprises the European Central
Bank (ECB) and the national central banks (NCBs) of the euro area. Last, but not least, the chapter
also endeavours to describe aspects and features of payment and securities settlement systems
which are common to all EU member states. The reason for this is that, with regard to the legal and
banking environment in which payment and securities settlement systems operate, the EU member
states which have not yet adopted the euro share a great deal with those which have done so.
The reshaping of the infrastructure and accelerated efforts to harmonise and consolidate payment and
securities settlement systems have been particularly prevalent in large-value payment systems. The
creation of the Trans-European Automated Real-time Gross settlement Express Transfer (TARGET)
system has established an EU-wide RTGS system which is used for the settlement of central bank
operations, cross-border and domestic interbank transfers as well as other large-value euro payments.
TARGET is an essential vehicle for the implementation of the monetary policy for the Eurosystem, and
has helped to create a single money market within the euro area.
The only privately owned and operated EU-wide payment system is the EURO 1 system of the Euro
Banking Association (EBA). EURO 1 processes interbank payments as well as commercial payments.
1
In addition to TARGET and the EBA’s EURO 1, three other large-value net settlement systems are in
operation as of November 2002: Pankkien On-line Pikasiirrot ja Sekit-järjestelmä (POPS) in Finland,
Servicio de pagos interbancarios (SPI) in Spain and the Paris Net Settlement system (PNS) in France.
More detailed information on the French system can be found in the relevant country chapter.
With regard to correspondent banking, it has generally been noted that its former role of being one of
the main ways of making cross-border payments has diminished in the euro area since the launch of
the euro. There are signs that this development will also continue in future.
The situation with regard to cross-border retail payment systems within the euro area is not yet as
developed as is the case for cross-border large-value payment systems. Despite the introduction of
the euro, cross-border retail payment services have not yet reached the service levels of domestic
retail payment services. Significant differences in quality, efficiency and price between domestic and
1
Euro Access Frankfurt (EAF), operated by the Deutsche Bundesbank, ceased operations on 5 November 2001 when the
new German TARGET component RTGSplus was introduced.
cross-border services are still preventing people from reaping the benefits of the single currency.
Correspondent banking relationships and enhanced correspondent banking relationships in the form
of networks have experienced a remarkable concentration of business in some major correspondent
banks. In addition, large-value payment systems are also used for cross-border retail business. The
only retail payment system which covers the whole of the euro area and which is open to all banks is
the EBA’s STEP 1 arrangement (see Section 3.3.3). In order to foster an improvement in the situation
for cross-border retail payments, the Eurosystem published a report entitled Improving cross-border
retail payment services - the Eurosystem’s view in September 1999. This report identified the issues to
be tackled and drew up a list of objectives to be fulfilled by the beginning of 2002. A progress report
was published in September 2000 describing the achievements which the banking community had
made and highlighting areas where further work was necessary. In September 2001, the ECB was
asked by the ECOFIN Council to prepare a report outlining an agenda for the implementation of a
modern payment systems infrastructure for credit transfers in euros. The report entitled Towards an
integrated infrastructure for credit transfers in euro was sent to the ECOFIN Council and the Internal
Market Council in November 2001. The report highlighted the measures which should accompany the
reform of the infrastructures and presented a road map for those measures. A Regulation of the
European Parliament and the Council on cross-border payments in euros was adopted in December
2001. The Regulation establishes that the charges for cross-border retail payments in euros should be
the same as those for similar domestic payments (see Section 1.1 for details on the Regulation).
In the area of securities, the introduction of the euro has eliminated currency segmentation, which was
one of the main reasons for the fragmentation of listing, trading and settlement in the countries of the
euro area. The increased homogeneity of the securities markets within the euro area has encouraged
investors to regard the euro area securities markets as a single entity. Trading, clearing and
settlement institutions are trying to respond to this change in the market by increasing their cross-
border operations. Moreover, an integrated euro area-wide money market has emerged and the need
in part to collateralise money market transactions has provided an incentive for the cross-border use of
securities in the euro area. Another factor pushing in the same direction was the requirement for all
collateral eligible for monetary policy operations of the central banks of the euro area to be equally
usable by all monetary policy counterparties. As no suitable facilities for the cross-border transfer of
securities existed at the beginning of monetary union, the central banks set up the correspondent
central banking model (CCBM). In the CCBM, central banks act as correspondents for each other,
thus enabling the cross-border transfer of securities used for the Eurosystem’s monetary policy
operations and the intraday credit operations of the European System of Central Banks (ESCB). In
response to the increasing need for cross-border transfers of securities in euros, including for
commercial purposes, securities settlement systems (SSSs) within the European Union have
established links between themselves for the cross-border transfer of securities.
In response to the demands of the securities markets for effective economies of scale and scope, the
securities settlement industry is also in the process of consolidating its cross-border activities. The
consolidation process covers trading, clearing and settlement structures.
1. Institutional aspects
Banks” (ESCB) is used. The third decision-making body of the ECB, the General Council, comes into
play when matters relating to the ESCB are involved.
One of the basic tasks of the Eurosystem is to promote the smooth functioning of payment systems.
The relevant provisions are enshrined in the Treaty and the Statute of the ESCB. The Statute of the
ESCB is annexed to the Treaty as a Protocol and thus forms an integral part of the Treaty.
The following legal provisions in the Treaty and the Statute of the ESCB are of particular importance
with regard to payment and settlement systems:
- Article 105 (2) of the Treaty (reiterated in Article 3.1 of the Statute of the ESCB), which
defines as a basic task of the Eurosystem the promotion of the smooth operation of payment
systems;
- Article 22 of the Statute of the ESCB, which states that the ECB and NCBs may provide
facilities, and the ECB may make regulations, to ensure efficient and sound clearing and
payment systems within the Community and with other countries. Such ECB regulations are
directly applicable in the member states which have adopted the euro.
The Treaty assigns to the ECB the regulatory powers to adopt any legal acts which are necessary to
implement the basic tasks assigned to the Eurosystem. A distinction can be made between two
different kinds of ECB legislation. First, there are legal acts addressed to third parties (other than the
NCBs of the Eurosystem). These legal acts are ECB Regulations, Decisions, Recommendations and
Opinions. Second, there are internal legal acts, which take the form of ECB Guidelines, ECB
Instructions and internal ECB Decisions.
In addition, the EU Council and the European Parliament are empowered by the Treaty to adopt legal
instruments. These legal instruments, which are applicable in all member states, include rules relating
to the banking industry and the provision of financial services. Thus they also affect the framework for
payment and securities settlement systems. The main legal instruments used by the EU Council and
the European Parliament are Directives, which have to be implemented at the national level. They are
used to harmonise existing rules at the national level or to establish new legislation where national
rules do not exist but are deemed necessary. The EU Council and the European Parliament may also
use Regulations, which are directly applicable in the member states. Some of the main Directives and
Regulations which have an impact on payment and securities settlement systems are the following:
- transfers for which the originator pays all the costs (“OUR” mode) will be the rule, unless
otherwise stipulated. An intermediary or receiving bank may not make any further charges, in
particular not to the beneficiary; and
- when a transfer goes astray, a “money-back” guarantee up to EUR 12,500 is provided.
The Cross-Border Credit Transfers Directive assists the ECB in its task of promoting efficient cross-
border payments in the third stage of EMU.
2
Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit
of the business of credit institutions (includes the former First Banking Coordination Directive and the Second Banking
Coordination Directive, which were essential in achieving the single market for banking services in the European Union).
states not participating in EMU were given the possibility to also apply the Regulation to their
currencies.
In areas not specifically covered by the common oversight policy, policies defined at the NCB level
apply within the framework of the general common policy stance defined at the Eurosystem level, in
relation to which the Governing Council can always take initiatives where necessary. An appropriate
level of coordination between the ECB and the NCBs of the Eurosystem is ensured for any proposed
policy or action in the field of oversight which an individual NCB may wish to pursue at the national
level.
The Eurosystem may also formulate a policy concerning the security of payment instruments in order
to maintain user confidence. An example of the latter is the Report on electronic money, published in
August 1998.
In line with the principle of decentralisation, implementation of the common oversight policy stance is
ensured by the NCBs in relation to domestic payment systems. For systems which have no clear
national base, the body entrusted with the oversight responsibility is the NCB of the country in which
the system is legally incorporated, unless the Governing Council of the ECB decides otherwise on the
basis of features of the system and entrusts oversight responsibility to the ECB. This is the case for
the Euro System of the EBA Clearing Company (EURO 1) and for the Continuous Linked Settlement
3
Bank (CLS Bank). In view of increasing cross-border participation in payment systems within the euro
area, the Eurosystem favours a cooperative approach towards the implementation of the oversight
policy stance, with the local NCB acting as lead overseer, and being responsible for liaising with other
relevant NCBs whenever this is required.
The common oversight policy stance can also be legally ensured by ECB legislation in accordance
with Article 22 of the Statute. So far, however, only more traditional, informal tools (eg moral suasion)
are used. Where applicable, implementation can also be enforced by legal instruments available to an
NCB.
The ECB and the NCBs of the Eurosystem ensure consistency in the implementation of the oversight
policy stance and, in particular, that standards are applied in the same way for all the payment
systems concerned. To this end, these oversight activities are coordinated at the level of the
Eurosystem, through appropriate committees and working groups.
As outlined above, the ECB or the NCB concerned will ensure the management of emergency
situations in their capacity as overseers of the different systems. Appropriate information and
coordination channels have been established within the Eurosystem to ensure timely communication
between the overseers.
In carrying out its oversight role the Eurosystem applies general principles, standards, requirements
and objectives which are largely defined in the following reports:
In 1993 the Committee of Governors of the Central Banks of the Member States of the European
Community endorsed the report entitled Minimum common features for domestic payment systems,
which contained the guiding principles for the preparation of payment systems for monetary union. The
report underlined the importance of RTGS systems through which as many large-value payments as
possible should be channelled in order to maximise the containment of systemic risk. Other large-
value systems may continue to operate in parallel with RTGS systems if they fully comply with the
minimum standards set out in the Report of the Committee on Interbank Netting Schemes of the
central banks of the Group of Ten countries, published by the Bank for International Settlements (BIS)
in November 1990 (“Lamfalussy report”), and if they settle on the same day at a central bank. The
1993 report also elaborated on access criteria, specifying the requirements set out in the Lamfalussy
report in this respect within the context of EU legislation. The common oversight policy of the
Eurosystem for large-value IFTSs is based, in particular, on these principles. Moreover, in order to
provide further guidance for the implementation of Lamfalussy standard 1, which requires all systems
to have a well founded legal basis under all relevant jurisdictions, the Eurosystem has developed
3
It should be noted in this respect that the ECB is the primary overseer for EURO 1, while the ECB is involved in the
oversight of CLS as the overseer in respect of the settlement of the euro, in the framework of cooperative oversight set out
in the Lamfalussy report. NCBs of participating countries are associated with the oversight activity of the ECB as members
of the Eurosystem - the central bank of issue of the euro - and as NCBs of the banks which act as settlement members of
CLS Bank.
harmonised “terms of reference” for legal opinions (ie a list of issues which have to be addressed in
the legal opinion) for foreign participants in large-value payment systems.
The guiding principles of the Eurosystem’s oversight policy in the field of electronic money are the
requirements set out in the ECB’s Report on electronic money (1998).
In January 2001, the Governing Council of the ECB also adopted the G10 report on Core Principles for
Systemically Important Payment Systems as one of the standards the Eurosystem must apply when
performing its oversight role.
The cooperation between payment systems overseers and banking supervisors contributes to an
overall strategy of risk reduction in the financial system. Cooperation between these authorities is
necessary since the stability of the financial system may be affected by the risks borne by credit
institutions arising from their participation in payment systems or by their provision of settlement
services. In early 2001 the ECB, the NCBs of the Eurosystem and the NCBs of EU member states
which have not adopted the single currency, in their capacity as overseers of payment systems, and
the EU banking supervisory authorities agreed to an MoU to set out a framework for their cooperation.
According to the MoU, overseers will endeavour to ensure that supervisors are made aware of the
risks credit institutions run through their participation in payment systems or by being the
operator/settlement agent of a payment system. In turn, supervisors will endeavour to ensure that
overseers are made aware of the risks posed to the system they are overseeing by the participation of
a credit institution and, where the case arises, from the fact that the operator/settlement agent of a
payment system is engaged in other banking activities, insofar as these may have implications for its
settlement activities. Both authorities will endeavour to ensure that either is able to take prompt
remedial action in the event of problems in a payment system which stem from, or have an impact on,
a participating credit institution.
As a rule, the oversight of retail payment systems will continue to be defined by the relevant NCBs.
However, where new developments occur or where retail schemes would have potential cross-border
implications, general policy lines are defined at the Eurosystem level. In this context, in
September 1999 the Eurosystem concluded that the situation for cross-border retail payments was
unsatisfactory (see the report entitled Improving cross-border retail payment services - the
Eurosystem’s view), in particular by comparison with domestic payments with regard to prices and
execution times. Prices for cross-border transactions, particularly for cross-border credit transfers, are
substantially higher than for domestic ones despite the introduction of the euro, and the execution time
needed for cross-border transactions is substantially longer than for domestic ones. The low volumes
by comparison with domestic business, the still predominant use of correspondent banking
arrangements involving many intermediaries instead of using a single payment infrastructure as is the
case domestically, and the lack of standardisation and automation at the interbank and intrabank
levels were identified as some of the main reasons for these deficiencies. The Eurosystem set out
seven objectives (such as a major price reduction for cross-border credit transfers) and decided to act
as a “catalyst for change”. The progress report, published in September 2000, acknowledges that the
banking community in the European Union has made progress but observes that the objectives
defined in the 1999 report have clearly not yet been achieved. At the request of the ECOFIN Council,
the ECB prepared a report in September 2001, outlining an agenda for the implementation of a
modern payment systems infrastructure for credit transfers in euros. The report entitled Towards an
integrated infrastructure for credit transfers in euro was published in November 2001. The report
recalled the fact that, despite efforts on the part of the European institutions, the banking sector had
failed to address effectively the issue of cross-border retail payments in euros and the situation
remained highly unsatisfactory. The report summarised the efforts already made to improve some
features of cross-border retail payments in euros, as well as the Eurosystem’s view on the possible
future development of the retail payment infrastructure. Furthermore, it highlighted the measures
which should accompany the reform of the infrastructures and presented a road map for achieving that
reform.
The Eurosystem will closely monitor the banks’ further progress and will continue to assist them in
achieving the common goal by playing the role of a “catalyst for change”.
area, the Eurosystem has developed and endorsed nine standards to be met by EU SSSs used for
4
ESCB credit operations. Individual SSSs have been assessed against these standards in order to
qualify for use by the Eurosystem. The first assessment was completed before the start of phase three
and 29 SSSs qualified. The assessment is carried out on a regular basis in order to monitor major
changes in individual SSSs. The Eurosystem also regularly assesses the links established by SSSs
for the cross-border transfer of securities.
4
Standards for the use of EU securities settlement systems, January 1998.
common standards for clearing and settlement activities aimed at ensuring a safe and efficient
securities market infrastructure in Europe and at creating a level playing field for the providers of
securities clearing and settlement services.
The Eurosystem also cooperates closely with banking supervisors. Such cooperation and coordination
contribute to achieving the overall objective of reducing risk in the financial system and help to
promote stability.
Furthermore, the Eurosystem actively promotes the further harmonisation of codes and operational
standards which would enable the straight through processing (STP) of payments. This is crucial for
achieving greater security and efficiency in payment and settlement systems.
Last, but not least, the Eurosystem regularly meets with market participants in order to maintain close
contact with the market, to convey its ideas to the market and to obtain feedback from market
participants on how the work of the Eurosystem in the area of payment and securities settlement
systems is perceived.
1.3.1 The Commission of the European Communities, the Council of the European Union
and the European Parliament
The promotion of the smooth operation of payment systems is mentioned in the Treaty as one of the
basic tasks of the Eurosystem. Nevertheless, the Commission of the European Communities (the
Commission), in its function as the executive body of the European Union, and the Council of the
European Union (EU Council) and the European Parliament in their function as the legislative bodies
of the European Union continue to concern themselves with issues related to payment and securities
settlement systems.
One of the tasks of the Commission is to strive for further harmonisation of the laws within the Union,
including those which have an impact on payment systems, by issuing Directives which have to be
implemented in national law by the member states. One of the principal aims is to create a single
market with a level playing field and equal opportunities throughout the European Union. Consumer
protection is another area in which the Commission is active. A recent example can be found in the
field of cross-border retail payment systems, where the Cross-Border Credit Transfers Directive of the
EU Council and the European Parliament (see Section 1.1) complements the initiatives of the
Eurosystem and is pushing the industry to improve the situation quickly. The most recent piece of
legislation is the Regulation on cross-border payments in euros. The Commission has also launched
an initiative to explore how fraud and counterfeiting in payment systems can be prevented. Another
area in which the Commission has recently been active is the cross-border use of collateral. The
Directive on financial collateral arrangements (2002/47/EC) outlining a harmonised framework for the
use of collateral was adopted by the European Parliament and the Council in June 2002.
Counterparty Clearing Houses (EACH), the Federation of European Securities Exchanges (FESE) and
the Committee of European Securities Regulators (CESR).
2.2.4 Cheques
In 2000, 72% of all cheques in the euro area, or 4.5 billion, were used in France, while in the rest of
the euro area approximately 1.7 billion cheques were used. Following the trend of recent years, the
use of cheques declined by 2.7% in 2000 compared with 1999 and they are now used for one sixth of
non-cash transactions in the euro area.
In France and Ireland cheques are still the most widely used payment instrument, accounting for 38%
and 33% respectively of all non-cash transactions. Cheques were also quite popular in Portugal (29%
of total non-cash transactions) and Italy (24%). In Finland and Luxembourg, on the other hand, the
use of cheques was very marginal, representing just 0.1% of total non-cash transactions. Cheques
also accounted for 9% of non-cash transactions in Spain and for 5% or less in the other euro area
countries.
5
This is now incorporated into Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating
to the taking up and pursuit of the business of credit institutions.
It is also possible for credit institutions to access TARGET remotely. Remote access to settlement
facilities in TARGET is defined as the possibility for an institution, established in a country in the EEA,
to become a direct participant in an RTGS system in TARGET in another country and, for that
purpose, to have a settlement account in euros in its name with the central bank of that country
without necessarily having established a branch or subsidiary in that country. Such credit institutions
can only participate in TARGET on a positive balance basis as they do not have recourse to intraday
credit or to the Eurosystem’s marginal lending facility.
Regarding electronic money institutions (ELMIs), the European Commission has interpreted that they
are not covered by the definition of credit institutions in the SFD. Consequently, ELMIs would not be
“institutions” within the meaning of the SFD and could not be regarded as “participants” in systems
designated under the SFD. As a result, the participation of ELMIs in TARGET would not be advisable,
as this could jeopardise the irrevocability and finality of payments processed through the system.
Therefore, the Governing Council has decided that ELMIs are not eligible participants in TARGET as
long as uncertainties remain with regard to their protection under the SFD.
National RTGS systems and the EPM are connected via the Interlinking system, which is composed of
a telecommunications network linked in each country to a local interface called the national Interlinking
component. These components consist of infrastructures and procedures which are used within or in
addition to each RTGS system to process cross-border payments. The role of the Interlinking
components is, among other things, to convert the presentation of payment data from the national
standard into the Interlinking standard and vice versa.
The technical design of the national RTGS systems and the Interlinking components (RTGS operating
systems, hardware and software, development tools, design of links between technical components,
etc) falls under the responsibility of the individual NCBs and the ECB, subject to some minimum
common security features and performance requirements which have been defined for RTGS systems
linked to TARGET. Areas which have been subject to harmonisation include operating time, pricing
and the provision of intraday credit. Given that TARGET incorporates RTGS systems which have been
established under local conditions, the payment services offered to the end users of different national
systems are not fully identical. The Interlinking procedures, however, are the same for all countries.
A test centre is maintained at the ECB so that the NCBs and the ECB can test the compliance of their
systems with the Interlinking Specifications. All relevant new or amended software facilities have to be
tested before being integrated for multilateral testing and for subsequent live operation in TARGET.
to unexpected liquidity situations. In addition, the Eurosystem provides intraday credit free of charge.
However, all central bank credit has to be fully collateralised. The range of eligible collateral is very
wide. Assets eligible for monetary policy purposes are also eligible for intraday credit.
3.1.8 Pricing
The charge for TARGET cross-border payments (excluding VAT) between direct participants is based
on the number of transactions sent by a participant within a single RTGS system according to the
following degressive scale:
- EUR 1.75 for each of the first 100 transactions per month;
- EUR 1.00 for each of the next 900 transactions per month; and
- EUR 0.80 for each subsequent transaction in excess of 1,000 per month.
The cross-border fee does not depend on the destination or on the value of the payment. Fees are
charged only by the sending NCB/ECB to the sending participants in the national RTGS system/EPM.
No fees are charged by the receiving NCB/ECB to the receiving participant.
The cross-border TARGET fee structure does not include the costs of the telecommunications link
between the sender and the national RTGS system in which the sender is a participant. The fee for
this telecommunications link is paid according to domestic rules.
RTGS systems may charge extra fees for any additional services they may provide (eg the
acceptance of paper-based payment instructions).
The price of domestic RTGS transfers is determined at the national level by the NCBs. When
determining the price structure, the NCBs take into account the principles of cost recovery,
transparency, an open market economy with free competition and non-discrimination. They must also
take into account the fact that the fees for domestic and cross-border transfers should be in the same
range so as not to affect the singleness of the money market. These fee structures are disclosed to
interested parties.
EBA and the Clearing Company. The relationship between the EBA, the EBA Clearing Company and
the EBA Administration Company is governed by a master agreement.
other STEP 1 banks and settle the netted balances via a EURO 1 bank which is acting as its
settlement agent. (Detailed information on the STEP 1 service is provided in Section 3.3.3.4.)
The establishment, maintenance and activation of the liquidity pool at the ECB is governed by the
6
Deposit Agreement between the ECB and the EBA for the benefit of the banks participating in
EURO 1 as third-party creditors.
3.2.8 Pricing
The transaction fee for a EURO 1 payment is based on the number of payments sent by participants
according to the degressive scale below.
In addition, EURO 1 clearing banks have to pay an annual fee of EUR 10,000 to the EBA Clearing
Company. The annual operating charge of the processing agent (SWIFT) and the operating costs of
the EBA Clearing Company are shared quarterly among the clearing banks according to a special
distribution key.
6
The Deposit Agreement is based on §328 (1) of the German Civil Code.
ran from September 2000 to December 2001. The partners involved in the initiative included Banksys,
Groupement des Cartes Bancaires, Europay International (now MasterCard Europe), Interpay
Nederland, Proton World, Sermepa, Sistema 4B and Visa International. In addition to the domestic
e-purse brands of Belgium, France, the Netherlands and Spain, the international e-purse brands Clip
(Europay International) and Visa Cash (Visa International) were included in the project. Domestic
transactions were cleared through the existing clearing networks and international transactions were
cleared through either the VisaNet network (for Visa Cash-branded cards) or the EPSNet network (for
Clip-branded cards). A general migration of the existing e-purse schemes towards CEPS is foreseen.
3.3.3.1 TIPANET
TIPANET (Transferts Interbancaires de Paiement Automatisés) is a network of member banks from
the cooperative banking sector which have set up an arrangement for the execution of cross-border
bulk payments. The respective local payment systems can be accessed via the receiving
correspondent banks. Cooperative banks from six countries set up an association called TIPA Group,
S.C. in 1993. TIPANET is in fact a network of 11 cooperative banks from eight countries, not only in
Europe, but also overseas, namely in Canada. In addition, some banks have established their own
international correspondent networks, which apply the TIPANET standards without being members of
the TIPA Group, S.C. For example, the German cooperative banking association has an international
clearing network with 25 partners in a total of 18 countries.
Each TIPANET member is free to seek out the most suitable international partners for its business
interests, its business tradition and its international trade relations.
TIPANET processes credit transfers, direct debits and cheques, of which credit transfers account for
the biggest share of transactions processed. The maximum amount of a transaction that can be
transferred corresponds to the balance of payments reporting threshold in the recipient’s country. The
beneficiary should usually receive TIPANET payments within two business days.
The local correspondent collects all payment instructions and converts them into the TIPANET
message format, which complies with the SWIFT MT 102 message. The TIPANET format is
sufficiently open to allow for the processing of credit transfers as well as for the processing of
cheques. After collecting the payment orders, the local correspondent creates payment batches, which
are then sent to the respective foreign correspondent, which will then convert the data into its domestic
format and process the payments in the relevant local payment system. The cutoff time for the
exchange of files is 4 pm (local time of the receiving bank) on the day before processing. The
beneficiary’s account will usually be credited two days later.
The settlement of payments takes place via the existing reciprocal accounts, which the
correspondents hold for each other (loro and nostro accounts). The conditions for settlement are
agreed bilaterally between the banks concerned.
Fees are charged individually by each participant bank. The fees are often differentiated according to
the type of customer and the way in which the payment instructions are submitted (paper-based or in
electronic form).
The next steps are the increase of the transaction ceiling to EUR 50,000 and the exchange of direct
debit files, not only at a cross-border level, but also at the national level.
3.3.3.2 Eurogiro
Eurogiro was established in 1989 as a cooperation between the postal and giro organisations to build
a network for the exchange of cross-border payments. The participants act as correspondents for each
other.
In July 2002, the group consisted of 39 members in 37 countries. All EU countries and seven
accession countries are covered, as well as the United States and Japan. Not all participants belong to
the postal bank sector. Some commercial banks also act as access points in some countries.
Eurogiro processes credit transfers and cash-on-delivery orders. The network uses SWIFT message
formats for transferring the payment (MT 100, MT 100-20, MT 00-50/60) and achieves a high level of
straight through processing in the interbank chain.
The payments are executed through reciprocal accounts (nostro and loro accounts) which the
correspondents hold for each other. Eurogiro is run by Eurogiro Network A/S, which is based in
Denmark. It is a limited company and is owned by 16 European post office banks/postal financial
services companies.
Eurogiro has laid down some internal standards which must be met by participants in order to be able
to process payments via the network. The standards address areas such as accessibility and
maintenance of the system, formatting of transactions, time scales for the processing of standard
payments and key interbank transactions, as well as transparency of customer pricing (no regulation
of the pricing in itself).
Eurogiro offers solutions for both large payments and small payment business and stipulates no
minimum business size.
Settlement procedures
Eurogiro payments are settled on a gross basis once a day bilaterally between the members
concerned. It is normal practice for Eurogiro members to hold accounts with each other and to settle in
the currency of the payment. The members agree bilaterally on the terms and conditions of the
accounts (statements, interest, minimum deposit, etc).
Eurogiro has entered into a settlement arrangement with Postgirot Bank in Sweden (now owned by
Nordea) as the single settlement service provider for euro payments. Postgirot Bank will keep
accounts for all members and act as the single point of entry in the settlement of euro payments. The
service went live on 2 November 2001.
Pricing
In 2001, participants paid:
- a monthly service fee (network licence fee, software service, maintenance of encryption
equipment) of between EUR 1,200 and EUR 2,100 (depending on the number of
transactions processed); and
- additional costs for extra installation units.
Transaction fees are not dependent on the type of transaction. They are only differentiated according
to the number of transactions sent:
A discount for large numbers of payments sent on the same day to the same institution (eg pension
payments) is available.
Statistical data
Eurogiro records the number of transactions processed on the network, but not the value of individual
transactions. Statistics are issued monthly and the daily averages below are calculated on the basis of
the monthly statistics (1 year = 252 days).
Key figures are:
A survey in spring 2000 revealed that the average transaction size in Eurogiro was EUR 2,375.
3.3.3.3 S-Interpay
S-Interpay was set up in 1994 by the German savings banks and their central institutions, the
Landesbanken, to facilitate cross-border payments. Since then the system has expanded and it now
consists of a network of correspondent banks in the European Union and beyond. Detailed access
criteria are not published. However, participants are mainly from the savings banks sector. The
services of S-Interpay are available to all members of the European Savings Bank Group and, in
principle, also to other commercial banks.
In general, one bank in each country functions as the central correspondent for that country. However,
in larger countries there may be two or more correspondents, which then take care of the relationships
with particular foreign countries. The correspondent “collects” all payment orders which are to be
transferred abroad from the participants. These payment orders are transferred to the foreign
correspondent, which will then convert the data into the domestic format and process the payment
within the relevant local payment system. The network only handles cross-border credit transfers for
amounts of up to EUR 10,000 (or the equivalent value in the relevant currency). It is planned to
increase this limit to EUR 50,000 in the future.
Cross-border payment orders can be submitted up until 2.30 pm each day for processing on the
following business day. The payment orders are then sent to the correspondents abroad, which under
normal circumstances enter the payment instructions into their domestic clearing systems the following
business day.
Processing is automated throughout the interbank chain. Straight through processing is possible by
using the SWIFT MT 102 message format as the standard format. The exchange of payments
between correspondents takes place on the basis of file transfers. Payment orders which do not meet
the agreed standards are automatically rejected and returned to the sender. No repair work is carried
out on the recipient’s side.
Cover payments are made in the form of TARGET or EURO 1 payments to the respective foreign
correspondent. If currencies other than the euro are to be settled the settlement takes place via
existing accounts which the correspondents hold for each other.
The correspondent banks in the various countries have concluded service level agreements which
address issues such as message standards and formatting rules as well as execution time and
settlement rules.
Charges for cross-border service are determined by the individual banks participating in the S-Interpay
system. Charges are always based on a flat fee.
S-Interpay has already reached a high level of straight through processing with the implementation of
the IBAN and SWIFT MT 103 message types. There are plans to develop new software which is
capable of settling domestic as well as cross-border payments.
The same SWIFT message types as in EURO 1 can also be sent in STEP 1. In particular, the
following STEP 1 messages can be sent: SWIFT MT 100, MT 102 and MT 103 messages with the tag
“ERP” in field 103. SWIFT MT 202 messages are used for transfers between a STEP 1 bank and its
settlement agent. Direct debits will be processed using the SWIFT MT 104 and MT 204 messages.
STEP 1 does not process batch files (other than the MT 102 messages) and does not provide a
central sorting function.
Any large-value payments which are sent to or received by a EURO 1 bank, whether for itself or for
one of the STEP 1 banks for which it acts as settlement bank, are processed within the credit and
debit caps of the EURO 1 bank within the EURO 1 system.
Settlement procedures
Shortly after 9.30 am on day D (settlement day), SWIFT informs each STEP 1 bank, and its settlement
bank, of its Potential Net Balance (PNB), which is the total value of payments to be received on day D
minus the total value of payments to be settled on day D. Settlement of balances within EURO 1 starts
at 10.30 am on day D.
If under exceptional circumstances (eg major technical failures or the breach of the credit or debit cap
of one of the settlement banks) STEP 1 payments cannot be processed by 4 pm on day D, they are
automatically carried over to the next settlement day.
The balances in STEP 1 will be recalculated in the event that one participant is unable to settle its
balances by 10.30 am on day D. After recalculation of the balances at 11.30 am, the banks are
informed by EBA Clearing that processing has started again.
Pricing
One SWIFT MT 102 message, which can contain several STEP 1 payments, is charged by the system
at EUR 0.48. The joining and annual fees for STEP 1 banks are EUR 5,000 and EUR 1,000
respectively. STEP 1 banks are entitled to a reduced admission fee to the EBA (EUR 1,000).
The creation of a legal framework for electronic signatures was of great importance for the
development of electronic banking. Electronic signatures, which use technologies such as
cryptography, allow individuals who receive data over the internet or other online networks to
determine the origin of the data and to check whether or not it has been altered. Directive 1999/93/EC
of the European Parliament and of the EU Council on a Community framework for electronic
signatures was published in December 1999. This Directive aims to ensure that electronic signatures
that are subject to certification procedures by third parties are considered legally equivalent to hand-
written signatures.
At present, the public and the private sector in Europe are setting up certification institutions and
infrastructures for the creation and use of digital signatures. These certification institutions, which may
be public authorities, chambers of commerce, federations of notaries or selling agents, credit
institutions or issuers of payment cards, act as management and approval centres for the certificates.
The banking industry in particular is very active in designing the services which can be used by banks
to provide secure and efficient financial services to their customers. However, public authorities are
also beginning to get involved. In Spain, for example, it is possible for citizens to fill in their tax return
forms electronically. Furthermore, in January 2000 the Finnish Population Centre launched a national
digital identity card (HST-card) with a digital signature, which can also be used in place of the
conventional personal identity card. The latest developments are intended for mobile commerce
solutions. The Finnish Sonera SmartTrust (former Finnish Telecom), for example, has developed an
authentication solution for mobile telephones. The technology allows transferred data to be encrypted
and signed with digital signatures.
All of these private and public service providers operate on a domestic basis. However, some have
started to sign agreements with certification agencies in other countries, such as the Agencia de
Certificación Electrónica in Spain, in order to guarantee mutual recognition of certificates. In future,
there is expected to be not only a clear growth in the number of national certification agencies offering
services on a domestic level, but also an increasing internationalisation of their services.
3.4.4 The single euro payment area and the European Payments Council
In the first half of 2002, the European banking industry prepared a White Paper called Euroland: our
single payment area, with a vision that Europe will gradually develop into a single euro payment area
(SEPA) of 500 million citizens and consumers making and receiving over 100 billion non-cash
payments each year. These transactions will all be made within a “domestic” euro area market, with
the cross-border transactions of today becoming a relic of the past. The expectation is that everybody
will be able to make any payment within the SEPA as easily and inexpensively as in his or her home
town.
European banks and banking associations established a European Payments Council (EPC) on
17 June 2002 to represent the industry and to support the development of the SEPA. The EPC has
also confirmed a number of objectives that will contribute to increased efficiency for pan-European
payments such as:
- establishing a pan-European ACH with fair and open access, able to process credit transfers
from 1 July 2003 and direct debits by July 2005;
- phasing out cheques over the long term; and
- achieving a level of STP in the SEPA even higher than in domestic processing today.
The Eurosystem shares the vision of the SEPA and strongly supports its achievement in cooperation
with the industry. In this respect, the Eurosystem also welcomes the steps taken to create an effective
new governance structure to foster the cooperation and commitment of the banking industry at the
euro area level.
The introduction of the euro has accelerated the process of consolidation in securities market
infrastructures in the euro area which had been initiated by the harmonisation of European domestic
securities markets and new developments in technology. This is reshaping the trading, clearing and
settlement industries.
This reshaping is, for example, evident from consolidation in the securities market infrastructure, which
is taking place both vertically and horizontally. Vertical consolidation is the process of consolidating
different activities which take place at various points in the securities transaction chain, such as the
integration of trading, clearing, settlement and custody services within a single institution. Horizontal
consolidation includes mergers or alliances between systems providing similar services, such as the
merger of two SSSs.
This section describes recent developments in trading, clearing and settlement which have a mainly
euro area dimension. Detailed information concerning domestic institutions can be found in the
relevant country chapters.
4.1 Trading
The introduction of the euro has eliminated currency segmentation, which was one of the main
reasons for the fragmented listing and trading environment in the euro area. This has permitted
investors to adjust their portfolios and look beyond their national markets. This is also true for investors
from outside the euro area, who see the euro area securities markets as a single market. Increased
cross-border trading has put pressure on stock exchanges to integrate their trading platforms in order
to provide cost-efficient euro area-wide mechanisms. As a result, there is increased demand for further
integration between stock exchanges in the form of cross-border cooperation and mergers.
In addition to traditional stock exchanges, several “alternative trading systems” such as new electronic
communication networks (ECNs) offering similar functionality and services to traditional exchanges
have been introduced in the euro area.
The common, fully electronic German-Swiss derivatives market Eurex resulted from the first European
cross-border merger of exchanges between Deutsche Terminbörse (DTB) and the Swiss Options and
Financial Futures Exchange (SOFFEX) in 1998. Furthermore, in 1999 the boards of Eurex and
Helsinki Exchanges Group Ltd. (HEX) signed a cooperation agreement for a strategic derivatives
market alliance. Concerning the spot market, the Irish Stock Exchange (ISE) and the Deutsche Börse
agreed on an alliance through which the ISE operates the electronic trading system for Irish equities
ISE XETRA on a special segment of the XETRA trading platform in Frankfurt. Moreover, the Wiener
Börse has introduced the electronic trading system XETRA.
In September 2000, the Amsterdam Stock Exchange, the Brussels Stock Exchange and the Paris
Bourse were merged into a single stock exchange called Euronext. The three exchanges retain their
status as regulated exchanges. They are held by a Dutch limited holding company. Euronext is
maintaining its presence in the three countries by having a regulated exchange in each of them, while
the exchanges are at the same time becoming increasingly legally and operationally integrated. Since
November 2001, the three Euronext cash markets have been using the same order-driven trading
platform based on the French NSC trading system. In October 2001, Euronext took over the London
derivatives market LIFFE. In February 2002, Euronext and the Portuguese stock exchange (Bolsa de
Valores de Lisboa e Porto) announced the conclusion of a merger agreement and, as a result, the
formation of Euronext Lisbon. Furthermore, HEX signed a cross-membership agreement with
Euronext in September 2001. French and Belgian derivatives trading will move to the Connect
platform in the first quarter of 2003.
Consolidation is also taking place in EU accession countries. On 8 February 2002, the Warsaw Stock
Exchange SA signed an agreement on reciprocal membership with Euronext N.V. HEX acquired
majority ownership of the Tallinn Exchange (TSE) in April 2001 and subsequently, in February 2002,
the TSE implemented the HETI trading system of HEX.
Trading in fixed interest instruments has traditionally been dominated by OTC trading. The introduction
of the euro has highlighted the need to have facilities for cross-border trading. Alternative electronic
trading platforms have emerged, offering services ranging from simple order transmission to fully
fledged trade execution facilities such as EuroMTS, CoredealMTS, virt-x, Brokertec and Instinet. Most
of these systems are located outside the euro area, but have a high proportion of euro area-based
institutions as owners and participants.
As far as the euro area is concerned, the so-called MTS galaxy, composed of several national markets
(MTS Italy, MTS France, MTS Belgium, MTS Amsterdam, MTS Portugal and EuroMTS) sharing the
same trading technology (the “telematico” system), currently has the most widespread presence
among European trading service providers in the fixed income segment.
4.2 Clearing
The clearing landscape in the euro area has remained relatively fragmented since the introduction of
the euro. In the derivatives markets, the clearing house acts as a central counterparty (CCP) for
exchange-traded instruments, while in spot markets the use of a CCP is not widespread.
Nevertheless, there is a consensus among market participants that clearing with a CCP will play an
increasingly important role in reshaping the securities markets. This is due firstly to the increasing use
of electronic order-driven trading platforms with trader anonymity and secondly to the rising number of
foreign trading firms operating via remote access on the markets, whose activity is perceived by the
other counterparties to represent an increase in counterparty risk.
When a clearing house acts as a CCP, it interposes itself as legal counterparty to both sides of a
securities transaction. As such, it provides a number of benefits to market participants. For instance, it
simplifies the management of counterparty risk by providing a single counterparty instead of several.
Even though a CCP does not in itself eliminate credit risk in a market, it redistributes this risk and
makes it easier for the firms to manage it. Moreover, a CCP increases the liquidity of the marketplace
through netting. Finally, it reduces the number of settlements and therefore the associated risks and
operational costs. However, establishing a CCP is not without costs. In particular, it needs a robust
risk management system. Thus, several European markets are currently assessing the costs and
benefits of having a CCP.
Initiatives among service providers to establish a pan-European CCP are progressing. For instance,
the clearing functions of the three Euronext exchanges (Amsterdam, Brussels and Paris) legally
merged at the beginning of 2001 into Clearnet (operating in the French market before), which acts as
the CCP for all the transactions carried out on Euronext. Euronext Lisbon will also use the clearing
facilities of Clearnet. Furthermore, Clearnet, Eurex Clearing and the London Clearing House (LCH)
have repeatedly explored the possibilities of various merger combinations.
Discussions on the integration of clearing activities within the market are focusing on issues related to
governance, jurisdiction, legal status and types of products. In particular, it is not clear at this stage
whether CCP services will be provided through a single entity or through multiple entities across
product lines and markets, with multicurrency capability, and consequently how many jurisdictions will
be involved.
Integration in terms of international joint ventures has also been visible. An example is the
establishment of the European Securities Clearing Corporation (ESCC) as a pan-European clearing
house, which was set up by Euroclear and the US Government Securities Clearing Corporation
(GSCC) to provide trade comparison and netting services for European government debt securities.
The LCH has recently joined this partnership.
4.3 Settlement
Three different solutions have emerged in response to securities market demands for the
rationalisation of the European securities settlement industry:
- cross-border links, which are bilateral networks between SSSs. Here, a national SSS
provides a single point of entry which allows its customers to hold securities issued in any
other SSS and to use these securities within its own country;
- mergers and joint ventures between SSSs. Until now, two major mergers of ICSDs with
domestic CSDs have effectively taken place: the merger of Cedel International with
Deutscher Kassenverein (the German CSD) resulting in the formation of Clearstream
International, and the merger of Euroclear with Sicovam (the French CSD) and Necigef (the
Dutch CSD) resulting in the creation of the Euroclear Group. Other initiatives are being
carried out at the national level;
- the “relayed links” solution - currently being considered by several SSSs - whereby one SSS
acts as an intermediary on behalf of another for the settlement of international business.
Cross-border links
Links between SSSs have been established in order to facilitate cross-border transfers of securities.
These links are used for the transfer of collateral for the Eurosystem’s credit operations, as well as for
all interbank operations. In order to be eligible for use in the Eurosystem’s credit operations, the links
are assessed against the Eurosystem’s standards. The links which have been assessed so far allow
the cross-border transfer of securities to/from the Eurosystem on a free of payment basis.
In July 2001, the total number of eligible links assessed and approved by the Eurosystem was 66. So
far, the use of links has been more modest than expected. In fact, frequent and significant use is only
made of 29 of the 66 eligible links. Although the links cover several countries, this activity is
concentrated within a few countries and is dominated by the two ICSDs - Clearstream International
and Euroclear.
Clearstream International
Clearstream International was formed in January 2000 through the merger of Cedel International (the
Luxembourg-based ICSD) and Deutsche Börse Clearing (the German CSD). Deutsche Börse initially
held a 50% stake in Clearstream International, but acquired Cedel’s 50% stake on 11 July 2002.
Clearstream International is an international clearing and settlement organisation with extensive
services for equities and bonds for both domestic and international business. The holding company,
which is incorporated in Luxembourg, has three main subsidiaries: Clearstream Banking Luxembourg
(CBL), Clearstream Banking Frankfurt (CBF) and Clearstream Services Luxembourg. Joint regional
offices are used for representation in the major financial centres.
CBF offers clearing and settlement facilities for the German securities markets. CBL also operates
LuxClear, which is the Luxembourg CSD.
Clearstream Services Luxembourg provides the single IT platform for international transactions, called
Creation, for clearing, settlement and custody. Since CBF’s international business was successfully
migrated to the platform in February 2001, both CBL and CBF have been using it for international
transactions in commercial bank money. CBF continues to operate the settlement system for the
German market in central bank money on a separate platform. Settlement currently takes place in
several night-time and daytime processing cycles (for further details see Section 4.3.2 of the German
chapter).
Euroclear Group
The takeover of the French CSD Sicovam SA by the Brussels ICSD Euroclear Bank took effect in
January 2001. As a result, Sicovam SA has been renamed Euroclear France and has become a full
subsidiary of Euroclear Bank. Euroclear Bank was created in December 2000 and has taken over the
former Euroclear system operating and banking roles.
A common, dual platform for batch and real-time settlement in both central bank and commercial bank
money will be available to customers of Euroclear Bank and Euroclear France via a single interface.
The respective technology platforms will be rationalised gradually, ultimately leading to a single
settlement process.
In December 2000 all Irish government bond settlement activity previously carried out by the Central
Bank of Ireland was transferred to the Euroclear System. This arrangement allows financial institutions
to hold Irish government bonds and settle domestic and cross-border transactions in a single
settlement location. Consequently, the Central Bank of Ireland’s own settlement system, CBISSO,
ceased operations. However, the Central Bank of Ireland continues to act as registrar for Irish
government bonds.
In July 2001, the Euroclear and Euronext groups announced an agreement leading to the absorption
of the settlement activities of CIK and Necigef, the CSDs of Belgium and the Netherlands respectively,
into the Euroclear group. The shares of Necigef and the settlement activities of CIK were taken over
by Euroclear in the first quarter of 2002. Euroclear will provide a unified preferred settlement and
custody platform for the Euronext markets. The agreement commits all the parties to integrate the
settlement functions of CIK and Necigef into a single platform, in a single entity and under a single
legal jurisdiction.
incorporated. However, within the CCBM the NCBs act as securities correspondents for each other,
thus enabling counterparties to use all of their eligible assets to obtain credit from their own NCB
regardless of where the securities are located (see Chart 1). For the functioning of the CCBM, market
participants must make arrangements with the SSSs where the collateral is deposited for the delivery
of the securities intended to serve as collateral to an account at the local NCB. Acting as
correspondent central bank (CCB), the local NCB will then hold the collateral on behalf of the central
bank granting the credit (the home central bank (HCB)).
Chart 1
The correspondent central banking model
The use of eligible assets deposited in country B by a counterparty
established in country A in order to obtain credit
from the NCB of country A
Country A Country B
Information on
collateral
NCB A NCB B
Collateral
Information on Credit
collateral SSS
Counterparty A Custodian
Transfer instructions
The CCB is responsible for providing the necessary information on the delivery and eligibility of the
securities, while the HCB is responsible for processing that information, as well as for conducting the
valuation process and for providing liquidity (ie via a cash payment or by raising a debit cap).
In 2001, collateral submitted to the Eurosystem via the CCBM represented 19% on average of the
total collateral provided. This figure is remarkable when compared with the 4% of collateral held in
custody through link arrangements between SSSs, the only alternative to the CCBM for transferring
cross-border collateral (see Chart 2). The remaining 78% is held domestically.
During 2001 assets held in custody by Eurosystem counterparties through the CCBM averaged
EUR 133 billion. The main collateral provider (acting as CCB) was Italy with 32% of the total assets
held through the CCBM, followed by Luxembourg (23%), Germany and Belgium (14% each). One
reason for the high proportion of collateral provided by Luxembourg and Belgium is that Clearstream
Luxembourg and Euroclear, the two ICSDs where eurobonds are deposited, are located in those
countries.
The main users of collateral (acting as HCB) were Germany with 48% of the collateral held through the
CCBM, the Netherlands (14%), Luxembourg (12%) and Ireland (11%). Owing to the relative scarcity of
domestic collateral in Luxembourg and Ireland, foreign collateral held via the CCBM on a cross-border
basis amounted to 57% of all collateral held by counterparties in Luxembourg and to 85% of that held
in Ireland.
Chart 2
Evolution of cross-border collateral as a percentage of total collateral
provided to the Eurosystem
25%
20%
15%
10%
5%
0%
Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nov
99 99 99 00 00 00 00 00 00 01 01 01 01 01 01
Links CCBM
Note: The total collateral provided to the Eurosystem refers to the sum of domestic collateral, cross-border collateral held via
the CCBM and cross-border collateral held via the links between SSSs. The first wave of links was approved in May 1999. To
date, the Governing Council of the ECB has approved 66 cross-border links.
Table of contents
3.3 The other French large-value payment system, Paris Net Settlement ........................... 126
3.3.1 Operating rules...................................................................................................... 126
3.3.2 Participation in the system .................................................................................... 126
3.3.3 Types of transactions handled .............................................................................. 126
3.3.4 Transaction processing environment .................................................................... 126
3.3.5 Settlement procedures .......................................................................................... 127
3.3.6 Risk management features ................................................................................... 127
3.3.7 Pricing ................................................................................................................... 127
3.3.8 Statistics ................................................................................................................ 128
4. Retail payment systems............................................................................................................. 128
4.1 The French automated clearing house, SIT .................................................................... 128
4.1.1 Operating rules...................................................................................................... 128
4.1.2 Participation........................................................................................................... 128
4.1.3 Types of transactions handled .............................................................................. 129
4.1.4 Operation of the system ........................................................................................ 129
4.1.5 Technical environment .......................................................................................... 129
4.1.6 Settlement procedures .......................................................................................... 129
4.1.7 Pricing ................................................................................................................... 129
4.1.8 Credit and liquidity risk management .................................................................... 129
4.2 Exchange of truncated cheques ...................................................................................... 129
4.2.1 Objectives.............................................................................................................. 129
4.2.2 Operating rules...................................................................................................... 129
5. Securities settlement systems ................................................................................................... 130
5.1 Trading............................................................................................................................. 130
5.1.1 Institutional aspects............................................................................................... 130
5.1.2 Operational aspects .............................................................................................. 131
5.2 Clearing ........................................................................................................................... 135
5.2.1 Institutional aspects............................................................................................... 135
5.2.2 Operational aspects .............................................................................................. 136
5.3 Settlement........................................................................................................................ 137
5.3.1 Institutional aspects............................................................................................... 137
5.3.2 Recent evolution of SSS organisation .................................................................. 138
5.3.3 RGV2: the non-RTGS stream ............................................................................... 140
5.3.4 RGV2: the RTGS stream ...................................................................................... 141
5.3.5 Evolution under way.............................................................................................. 142
5.4 The use of the securities infrastructure by the Bank of France....................................... 143
5.4.1 The Bank of France as liquidity provider in the SSS............................................. 143
5.4.2 Money market operations...................................................................................... 143
List of abbreviations
NSC New electronic trading system used by the French stock exchange since
1995 - Nouveau Système de Cotation
PLC Automated intraday repo in RGV2 - Pension Livrée Conservatoire
PLI Intraday repo in TBF - Pension Livrée Intrajournalière
PNS Paris Net Settlement system
RCB Bank Card Network - Réseau Cartes Bancaires
Relit Securities DVP system - Règlement-livraison de titres
RGV High-speed Relit system - Relit Grande Vitesse
RGV2 High-speed Relit system 2 - Relit Grande Vitesse 2
SBI Brokers’/intermediaries’ subsystem - Sous-système Sociétés de Bourse-
Intermédiaires
SCSSs Securities clearing and settlement systems
SEME French banking consortium promoting an e-money product called MONEO -
Société Européenne de Monnaie Electronique
SFPMEI Special purpose credit institution for issuing e-money - Société Financière du
Porte-monnaie Électronique Interbancaire
Sicovam SA French CSD and clearing authority - Société Interprofessionelle pour la
Compensation des Valeurs Mobilières SA, now Euroclear France
SIT French automated clearing house for retail payment instruments - Système
Interbancaire de Télécompensation
SLAB Delivery by mutual consent subsystem - Sous-système de Livraison par
Accord Bilatéral
TBF RTGS system operated by the Bank of France - Transferts Banque de France
TIP Interbank payment order - Titre Interbancaire de Paiement
Introduction
A number of important reforms have been implemented in France over the past years in the field of
payment systems and securities clearing and settlement systems (SCSSs). The main objectives of
these reforms were to minimise the risks arising from interbank settlements, to improve efficiency and
to ensure the openness of the French systems within the euro area.
The French infrastructure for wholesale transactions is thus characterised by a common platform for
settlement in central bank money, composed of three systems linked by real-time bridges:
- at the heart of this organisation is the French RTGS system operated by the Bank of France,
TBF, which came into operation in October 1997 and is part of the TARGET system;
- in the field of SSSs, the high-speed Relit system, RGV, started up in February 1998. Thanks
to its close link with the RTGS system and a sophisticated mechanism for self-
collateralisation, RGV provides for continuous intraday final DVP in central bank money; and
- launched in February 1997, the Paris Net Settlement (PNS) system, which can be described
as a hybrid settlement system inasmuch as it offers netting mechanisms while settling in real
time and in central bank money.
In the field of retail means of payment and systems, substantial changes have been implemented in
order to achieve the dematerialisation of interbank exchanges in 2002. Since February 2002, there
has been only one retail payment system, the French automated clearing house (Système
Interbancaire de Télécompensation - SIT), through which all retail payments, now including cheques,
are cleared.
As for the oversight of these systems, L 141-4 of the Financial and Monetary Code (CoMF), which
codifies Article 4 of the 1993 Bank of France Statute, gives a broad competence to the Bank of France
to ensure the smooth operation and security of payment and securities systems. This article has been
recently broadened in order to strengthen its statutory powers vis-à-vis the issuers of means of
payment regarding security matters.
1. Institutional aspects
1
Article L 330-1-I of the CoMF (previously Article 93-1 of the Banking Act) states that: “an interbank settlement system or a
financial instrument settlement and delivery system shall mean a national or international procedure organising dealings
between two or more parties that have the status of credit institutions, or institutions or companies referred to in
Article L 518-1, of investment firms or clearing house members or of non-resident institutions with comparable status, for the
usual execution, whether or not this involves netting, of payment as well as, where financial instrument settlement and
delivery systems are concerned, the delivery of financial instruments between said participants. Without prejudice to the
provisions of article L 622-7, the system must either have been instituted by a public authority or be governed by a master
agreement complying with the general principles of a market-wide agreement or a standardised agreement.”
CCPs and securities settlement systems within the framework of the European System of Central
Banks, without any prejudice to the securities regulators’ and banking supervisors’ competencies.
Euroclear Group’s current membership (Euroclear Bank-Euroclear France) and the oversight of its
securities settlement systems.
A third Memorandum of Understanding with the Belgian and Dutch authorities was signed by the
Financial Markets Council and the Bank of France on behalf of France in 2002. It organises
cooperation for prudential supervision and oversight of the securities settlement services provided by
Euroclear Bank for trades on Euronext markets.
This coordination involves monthly meetings between the relevant authorities.
Bancaires - GCB). Access to this Register is restricted to credit institutions prior to the issuing of a
cheque book, though they are also able to consult it before granting a loan.
The above-mentioned Act also states that anyone who receives a cheque in payment is entitled to
obtain information from the Bank of France as to whether the cheque is regular. In order to provide this
service, the Bank of France keeps a central record in the National Register of Irregular Cheques
(Fichier National des Chèques Irréguliers - FNCI) of all incidents affecting the regularity of cheques
drawn on a bank account. These may include loss or theft of cheque books, account closures and
details of all accounts held by individuals or firms that have been banned from writing cheques. As
authorised by a Decree of the Minister of the Economy and Finance dated 24 July 1992, the Bank of
France has delegated responsibility for implementing the procedures for consultation of the Register,
especially by retailers, to a company called Mantis. This company provides a service allowing access
to the Register operating under the name RESIST.
2
In addition to banks, four central bodies of banking networks have joined the FBF.
2.2.2 Cheques
The cheque is still the most widely used payment instrument in France. Approximately 3.61 billion
cheques, with an average value of EUR 508, were exchanged in payment systems in 2001,
representing 37% of total exchanges. However, the relative share of cheques in cashless payments
has continued to decline steadily since 1993.
Cheques are still popular because customers consider them easy to use, either for remote payments
or face-to-face transactions, and they are free of charge for the drawer.
Debit cards
Bank cards are mostly debit cards, which can be used to execute both payments and cash
withdrawals through a nationwide network of POS terminals and ATMs.
Debit card payments ranked second behind cheques in terms of number of transactions in 2001, with
3 billion operations exchanged and an average value of EUR 46.
The cards issued by credit institutions have to meet the technical and security standards set by the
Bank Card Consortium (Groupement Cartes Bancaires - GCB), the association of the main French
banks which manages the domestic debit card system. The interoperability of bank cards facilitated by
these standards has been the main driving force behind the development of debit cards in France.
There were 43.3 million interbank cards (cartes bancaires) in circulation at end-2001. Approximately
26 million of these also allow payment to be made abroad (to merchants affiliated to either Visa or
Eurocard/MasterCard).
For several years, cards have been systematically equipped with a microprocessor, resulting in an
exceptionally low level of card fraud (0.026% of the value of transactions in 2001).
A specific network, the Bank Card Network (Réseau Cartes Bancaires - RCB), is used for the
transmission of authorisations for withdrawals and payments. This network enables an ATM or a POS
terminal to obtain authorisation from the bank that has issued the card. This authorisation also means
that the payment is guaranteed for the beneficiary.
Card transactions have been processed through SIT (see Section 4) since the second half of 1995.
Retailer cards
An estimated 20 million cards are issued by retailers or service providers in order to secure customer
loyalty and, in some cases, grant credit facilities. The credit is repaid by debiting the customer’s bank
account. However, once such cards are used to obtain credit, or whenever they can be used at outlets
other than the issuer’s own, the card must be issued by a credit institution, even though the retailer’s
name generally features prominently on the card.
Credit
Institutions
SWIFT
Proprietary
Networks
CRI
PNS
SIT
Bank of France Bank of France
Target TARGET
TBF
Interlinking
There is one single retail system operating in France: the French automated clearing house, SIT. It is
managed and operated by the GSIT, a group of 17 participants (including the Bank of France).
Large-value operations are processed in two systems:
- the RTGS system Transferts Banque de France (TBF), which is the French component of
TARGET, managed and operated by the Bank of France; and
- the hybrid system Paris Net Settlement (PNS), managed and operated by the Centrale des
règlements interbancaires (CRI), an interbank body owned by 10 banks and the central
bank.
In TBF and PNS, settlement takes place operation by operation, while in SIT, the balances resulting
from a business day’s operations are settled on a net basis through the accounts held by participants
in TBF.
3.2 The French real-time gross settlement system, Transferts Banque de France
The French RTGS system, TBF, started operating in French francs on 27 October 1997 and switched
to the euro at the launch of TARGET on 4 January 1999. The Bank of France manages the account
relationship with TBF participants and the operation of the TBF system, while the CRI ensures the
routing and validation of payment and information messages exchanged within the system.
Standard settlement
As in other RTGS systems, TBF payments are processed one by one on a continuous basis.
Payments are settled with immediate finality in central bank money provided that they meet the
following settlement criteria:
- the balance on the group of accounts to which the debited settlement account belongs must
exceed the amount of the payment;
- a standard priority payment can settle only if there is no payment in the outgoing high priority
queue of the group of accounts; and
- a new standard priority (or high priority) payment can settle immediately only if the standard
priority (or high priority) queue of the group of accounts is empty.
Payments that do not meet one of these criteria are queued and subject to further settlement attempts.
TBF manages two queues:
- a high priority queue for monetary policy operations, settlement of ancillary systems,
cancellation requests and payments related to CLS pay-ins; and
- a standard priority queue for other transfers.
When a payment is credited to a participant’s account, the system attempts to settle payments queued
in its group of accounts, according to its balance and on a FIFO basis within each priority level.
Time-designated payments are processed in the same way as other payments, but they are tested
against settlement criteria at the time specified by the sender and not immediately after issuance.
Account balances and queues are considered at the level of groups of accounts. A participant’s
balance is the net sum of the balances on all the settlement accounts belonging to the same group of
accounts and its queue consists of payments sent by it and other participants belonging to the same
group that have not been settled. Participants can transfer funds freely from one settlement account to
another within the same group of accounts, regardless of this group of accounts’ balance and queues.
the standard Interlinking procedures. Concerning incoming cross-border payments, once the Bank of
France’s TARGET platform receives the settlement request from the sender NCB, the Bank of
France’s settlement account for this NCB is debited and the beneficiary bank’s account is credited.
Optimisation mechanisms
TBF runs two optimisation mechanisms:
- Global optimisation: when a payment is queued, the system computes a virtual balance for
each group of accounts, which is the sum of the actual balance and incoming/outgoing
queued payments for this group of accounts. If all virtual balances are positive, all queued
payments are settled. Otherwise the system makes the same attempt, but considering only
“high priority” virtual balances (sum of actual balance and incoming/outgoing high priority
queued payments); if these virtual balances are all positive, all high priority payments are
settled.
- Simulation of ancillary systems: this process is launched every 210 seconds when there are
one or several multilateral ancillary systems pending in queues. For each group of accounts,
the system computes a virtual amount of liquidity, which is the sum of the actual balance and
positive balances in queued ancillary systems. The system then scans through the outgoing
queues of each group of accounts and checks which operations could be settled with the
virtual liquidity. This process is iterative because the operations whose settlement is
simulated are credited to other groups of accounts, which in turn allows the simulated
settlement of operations pending in their queues. If there is no other ancillary system
pending in queues at the end of the process, all simulated operations are settled, otherwise
balances and queues return to their initial situation.
3.2.8 Pricing
The pricing for TBF consists of an annual fee and a transaction fee. The transaction fee is the same
for all participants, regardless of the volumes they process through the system. The annual fee covers
access to both TBF and PNS and depends on the number of settlement accounts held within the TBF
group of accounts to which the participant belongs. Furthermore, new participants in the system have
to pay an entry fee.
3.2.9 Statistics
In 2001, a monthly average of 112,379 cross-border transfers and 204,399 domestic payments were
issued in TBF. The daily transaction volumes amounted to 5,309 for the cross-border component and
9,657 for the domestic component, and the daily values EUR 75 billion and EUR 270 billion
respectively. The historical peaks in volume are 8,554 cross-border payments and 26,834 domestic
payments, and the highest turnovers EUR 161 billion and EUR 780 billion respectively.
3.3 The other French large-value payment system, Paris Net Settlement
Paris Net Settlement (PNS) went live on 19 April 1999 and replaced the Système Net Protégé (SNP),
which had been operating since 1997. It is owned and managed by the CRI.
PNS, which settles in central bank money, can be defined as a hybrid settlement system as it offers
netting mechanisms while transactions are settled in real time.
account that the Bank of France holds in the system to this effect; once settled, this payment
automatically triggers a TBF transfer from the Bank of France’s PNS settlement account to this
participant. Conversely, a TBF-to-PNS transfer consists of two steps: a TBF payment from the
participant to the Bank of France’s PNS settlement account, which once settled triggers a PNS
payment from the Bank of France to the participant.
PNS processing functions and data are replicated on a remote site for business continuity purposes.
3.3.7 Pricing
The pricing principles are the same for PNS as for TBF, although the transaction fee differs between
the two systems.
3.3.8 Statistics
In 2001, PNS processed a monthly average of 667,001 payments. The daily turnover was
31,512 payments with a value of EUR 88 billion. The maximum number of payments processed in one
day is 54,341 and the highest daily value amounts to more than EUR 145 billion.
Since February 2002, the only retail payment system has been the French automated clearing house,
Système Interbancaire de Télécompensation (SIT), which completed the last phase of its
implementation with the integration of euro-denominated truncated cheques. All retail cashless
payments are exchanged electronically through SIT. The regional centres for the exchange of
truncated cheques (Centres Régionaux d’Echange d’Image-Chèques) (CREICs) and the 102 clearing
houses located outside Paris closed down in March 2002. The Paris clearing house closed at the end
of the first half of 2002.
4.1.2 Participation
All banks sending or receiving payments eligible for SIT must participate in the system as either direct
or indirect participants:
- direct participants must send and receive, for their own account, a certain percentage of the
volume exchanged annually via SIT. The responsibilities of direct participants are both
financial and technical and extend to the institutions they represent. There were 17 direct
participants at the end of 2001; and
- indirect participants (689 at the end of 2001) send and receive payments via a direct
participant.
4.1.7 Pricing
The pricing of the system is based on fixed fees according to the type of membership (direct or
indirect) and the number of gateways and stations, and variable fees according to the number and
type of operations exchanged (number of operations and groups of operations).
4.2.1 Objectives
Exchange of truncated cheques is the last step of the payment instrument modernisation in France,
and consequently all retail payment instruments are currently handled electronically through SIT. The
main objective is the reduction of processing costs for both banks and customers (procedure
simplification, delay improvement).
5.1 Trading
Since the Modernisation of Financial Activities Act dated 2 July 1996 (enforcing the Investment
Services Directive), investment services can be offered by:
- investment services intermediaries authorised by the CECEI whose programmes of
operations have been approved by the CMF;
- legal entities whose principals and members are intermediaries authorised to offer such
investment services, on condition that such principals and members have unlimited liability
for all debts and obligations of the legal entity;
- European intermediaries authorised by their home member state to offer such services; and
- legal entities authorised by the CMF to trade for own account or offer trading for third parties.
To set up a single pan-European stock exchange, Euronext is currently adopting common rules
especially in the following areas: market member admission rules, listing rules and market rules.
Once a member, the intermediary has access to the French stock markets.
5.1.2.1 Markets
Euronext Paris SA manages four regulated markets within the meaning of the Investment Services
Directive :
- two cash markets: La Bourse de Paris (Premier Marché, Second Marché and Marché des
EDR) and le Nouveau Marché; and
- two derivatives markets: MATIF and MONEP.
In addition, Euronext Paris SA manages an organised cash market dedicated to the trading of
non-officially listed securities: the “Marché Libre” OTC.
Organised
Regulated markets
market
Marché libre
Premier marché Second marché Nouveau marché
OTC
High-growth
companies (20%
Largest French of capital offered
and foreign to the public, at
companies Medium-sized least 100,000
(market French and shares and Companies not
Listed
capitalisation foreign companies EUR 5m value traded on a
company
around EUR 1bn/ (10% of capital offered to the regulated
profile
25% of capital must be offered to public, minimum market
offered to the the public) capital funds of
public/3-year track EUR 1.5m)
record) through capital
increase for half at
least
Trading
platform NSC NSC NSC NSC
Clearnet SA
(when
Central securities are
Clearnet SA Clearnet SA Clearnet SA
counterparty deposited with
Euroclear
France)
Settlement
System RGV2 RGV2 RGV2 RGV2
Regulated markets
MATIF MONEP
In September 2001, Euronext launched Winefex Bordeaux, a futures contract for Bordeaux red wines
traded under the MATIF rules.
3
Euronext Instruction no 4-01, available on the Euronext Paris website: www.bourse-de-paris.fr.
In order to foster trades by institutional investors on large amounts of equities, rules for “block trading”
were introduced in 1994 for the biggest stocks of the Premier Marché. The aim of this mechanism is to
increase the liquidity of the market without questioning the rules of an order-driven market. Thanks to
“block trading”, large amount orders are executed immediately at a price derived from the price on the
central market.
With regard to shares, block trades, now available on the three cash regulated markets, are
transactions that are at least equal to the following thresholds (defined as “Normal Block Size” - NBS):
EUR 500,000 in the case of shares included in the Euronext 100 segment, EUR 250,000 in the case
of shares included in the Next 150 segment, EUR 100,000 in the case of all other shares traded on a
continuous basis and EUR 50,000 in the case of shares traded only through call auction procedures.
Ordinary block trades must be effected within ranges which vary with the securities trading group and
size of the NBS (maximum of 5% below the best bid limit price to 5% above the best ask limit price
displayed in the COB).
With regard to bonds, block trades must be greater than EUR 250,000 in the case of bonds traded on
a continuous basis and EUR 100,000 in the case of bonds traded only through call auction
procedures. Block trades in bonds must be effected at prices within the following ranges: 0.5% around
the last traded price for bonds traded continuously and 1% around the last traded price for bonds
traded through call auction procedures.
5.2 Clearing
In France, pursuant to Article L 442-2 of the CoMF, credit institutions, investment firms and entities
whose sole purpose is to provide financial instrument clearing services can be admitted as members
of the clearing house. All these categories fall within the scope of the prudential supervision of the CB.
Additional criteria also need to be fulfilled (minimum capital requirements).
A clearing member can be either a general clearing member (which clears operations for its own
account and on behalf of brokers) or an individual clearing member (which clears only its own trades).
Capital requirements are different for general and individual clearing members.
The fulfilment of financial and operational access criteria is checked for applicants but also subject to
ongoing monitoring for admitted participants according to a process common to all clearing members
whatever the market they operate in.
system of Clearnet. The size of the clearing fund is therefore based on the highest uncovered risk of a
clearing member. For each clearing member the relative weight of its uncovered risk in relation to the
total sum of the uncovered risks of all clearing members determines the size of its contribution to the
clearing fund.
With regard to financial futures and options, other risk control measures are also implemented, such
as individual exposure limits and market share limits (in order to avoid market manipulation).
In the event of default by a clearing member, the clearing house may transfer the positions of its
customers to another clearing member, or liquidate them to extinguish its obligations or mobilise its
deposits and collateral to cover potential losses.
In addition to the amount of deposits and collateral of the defaulter, the soundness of the guarantee
provided by Clearnet SA relies ultimately on its insurance arrangements and its own capital.
5.3 Settlement
The general legal framework applicable to securities settlement systems was substantially modified
following the Financial Activity Modernisation Act 96-597 passed on 2 July 1996 and amended by the
Act of 2 July 1998. In particular, Article 32-16 was amended to specify that the General Regulations of
the CMF shall determine “the general organisational and operational principles of financial instrument
settlement and delivery systems and the conditions under which the CMF approves the operating rules
of such systems, without prejudice to the powers granted to the Bank of France by Article 4 of Act 93-
980 of 4 August 1993 on the Statute of the Bank of France and the activities and supervision of credit
institutions”.
In addition, Act 2001-1168 of 11 December 2001 amended Article L 141-4 of the CoMF to further
clarify the oversight competence of the Bank of France as regards SCSSs. It states that the Bank of
France oversees CCPs and SSSs within the framework of the European System of Central Banks,
without any prejudice to the securities regulators’ and banking supervisors’ competencies.
The Act of 2 July 1998 also amended Article 93-1 of the Banking Act in order to clarify that the
abrogation of any “zero hour” provision applies not only to payment systems but also to securities
settlement systems.
banks’ accounts at the Bank of France prevailing until 1997 did not provide for intraday finality of
payment but only for end-of-day finality, the settlement of the cash leg and consequently the delivery
of the securities handled in SATURNE and in RGV only became final at the close of the Bank of
France's business day at 6.30 pm.
In order to improve the situation, the Bank of France, Sicovam SA and the AFEC (French Association
of Credit Institutions) reached a partnership agreement in January 1995. According to the terms of this
agreement, it was decided:
- to implement a new real-time large value securities settlement system, called Relit Grande
Vitesse (High Speed Relit), managed by Sicovam SA, now Euroclear France;
- to shut down the SATURNE system and to integrate its operations into RGV, which was
actually achieved in July 1998; and
- to increase the Bank of France's stake in Sicovam SA to 40%.
This new framework for securities settlements systems relies on the following principles:
- the RGV system, which became operational in February 1998, operates on a gross basis for
the securities as well as for the cash leg (model 1), providing irrevocable and final settlement
in real time. The system handles transactions continuously within very wide operating hours
(8 pm on T-1 to 5 pm on T for market operations).
- the settlement of the cash leg is done in central bank money.
In June 2001, the structure of the SSS was reshaped slightly and RGV2 was created. The RGV2
project had two components:
- a technical component: on 11 June 2001, the Relit platform was closed and the operations
previously settled through this platform (mainly stock exchange transactions) moved to the
RGV/Relit+ platform, called “RGV2” platform. Before this evolution, there used to be two
platforms in France bearing three SSSs: Relit, Relit+ and RGV. The Relit platform, launched
in 1990, operated on a batch basis while the Relit+/RGV platform relies on a more modern IT
structure, allowing for processing operation by operation. Following the closure of the Relit
platform, there is only one technical platform, RGV2, bearing two streams, the “revocable
RGV2 stream” (previously Relit+) and the “irrevocable RGV2 stream” (previously RGV). In
the first stream there are several final settlements during the day while the second stream is
a real-time gross settlement system providing immediate finality. Notwithstanding this
technical evolution, the operating rules of both systems have not changed;
- a banking component: on 18 June 2001, OTC equities trades became eligible to RGV. This
evolution allows OTC equities lending and repo operations to benefit from the real-time
irrevocability processing of RGV in central bank money. However, as equities are not eligible
for the Bank of France Tier 2 list, these OTC equities trades cannot benefit from the so-
called self-collateralisation process. This new pattern of RGV does not concern the
settlement of Bank of France credit operations.
The RTGS stream settles monetary policy operations and all large-value transactions, mainly on fixed
income securities, on a gross basis and allows final intraday settlement in central bank money.
Participants have central bank money accounts, which can be supplied via the links between TBF and
the RGV2 system at any moment of the day.
The other stream settles operations on regulated markets (as well as a number of OTC operations) on
a gross basis for the securities leg and on a net basis for the cash leg. This stream operates on the
basis of deferred irrevocability until the settlement of the cash balances occurs in TBF.
According to the agreement, Sicovam SA has become Euroclear France, a wholly owned subsidiary of
the Euroclear bank that remains incorporated in France. Former Sicovam shareholders have become
new shareholders in Euroclear Clearance System plc; in addition, the Bank of France, which used to
hold 40% of Sicovam, has sold its stake in Euroclear France. Finally, the Euroclear group has taken
an ownership interest of 20% in Clearnet SA.
In any event, all intraday repurchase agreements have to be reimbursed before the end of the
business day. At the end of the day, the RTGS stream automatically tries to settle the reimbursement
of the intraday repos.
If participants have sufficient cash to reimburse the repos, their TBF accounts are debited, thereby
settling the Euroclear France account in TBF. If, exceptionally, a participant does not have the funds to
reimburse the repo, Euroclear France settles the whole intraday repo and sets up an overnight repo
for the outstanding cash balance with part (or all) of the securities.
5.3.4.8 Pricing
Participants are charged a custody fee and a transaction fee.
Table of contents
List of abbreviations
1. Institutional aspects
1.1.2 Credit Transfer Act and other specific regulations relating to payment services
With the Credit Transfer Act (Überweisungsgesetz), which came into effect on 14 August 1999 for
cross-border credit transfers to countries of the European Community (EC) or the European Economic
Area (EEA) and on 1 January 2002 for domestic credit transfers and credit transfers to third countries,
Directive 97/5/EC was incorporated into German law and a new legal foundation was created in the
German Civil Code (Sections 675-676g).
The regulation provides a new legal basis in the form of specific rules for credit transfers, payment and
giro agreements. The law establishes three new legal relationships in the form of different contracts:
between the originator of a credit transfer and the accepting credit institution there is the credit transfer
agreement, between the processing credit institutions a payment agreement, and between the
beneficiary and its credit institution a giro agreement.
According to the Act, a credit institution has transparency obligations to its customers, eg to provide
information about the execution time, prices, other costs of each credit transfer and other relevant
details. Also, credit transfers have to be effected within certain time limits: domestic in-house
transactions have to be credited within one bank business day, domestic transactions to other credit
institutions within three bank business days, and transactions within the EC and the EEA within five
bank business days. The beneficiary’s credit institution has another day to credit the customer’s
account. Other international transactions have to be effected as soon as possible. This term is being
used because of the various existing business relationships with third countries.
The Credit Transfer Act contains various regulations with regard to consumer protection. If a credit
institution accepts a credit transfer and it is carried out late, the accepting credit institution has to pay
interest which amounts to the base rate according to the German Civil Code plus 5%. If the transfer
gets lost, a “money back guarantee” applies for amounts up to EUR 12,500 plus interests and
charges. Other liabilities are unaffected by this Act. If the transaction is carried out as an “OUR”
transfer (ie fees are to be borne by the originator of the payment only), the credit institution also has to
refund any double-charging either to the originator or beneficiary. In Germany, the independent body
dealing with customer complaints referring to the Credit Transfer Act is the Deutsche Bundesbank,
which established the Arbitration Board for Credit Transfers.
Moreover, the Cheques Act of 1933 must be observed for the collection of cheques.
Of particular importance for electronic payments are the agreements relating to the conversion of
paper-based transfers and the processing of electronic transfers (the Agreement on Credit Transfers,
which came into force on 1 January 1999), cheques (the Agreement on Cheque Collection of
7 September 1998) and direct debits (the Agreement on Direct Debits of 1 January 1999), which
regulate the relationships of banks with each other and with the Deutsche Bundesbank.
1.2.3 Settlement
A prerequisite for using the facilities offered by the Bundesbank for cashless payments is a current
1
account with the Bundesbank. The Bundesbank manages current accounts for banks and public
authorities and, in exceptional cases - with a limited range of services - also for companies and private
individuals. Apart from the minimum reserve balances, current accounts with the Deutsche
Bundesbank do not bear interest and are run on a credit basis only. In accordance with the cover
principle laid down in the BBankG, payment orders are only executed if sufficient cover is available.
In order to avoid a delay in the processing of payments in the course of the day, the current accounts
may be overdrawn up to the amount of collateral existing within the framework of the marginal lending
facility; in addition, cover for outgoing transfers may be provided through the crediting of credit notes
for the collection of both cheques and direct debits.
1
RTGSplus remote participants only need an RTGSplus account.
Debit balances at the end of a business day (resulting from intraday credit granted by the Deutsche
Bundesbank) are not admissible and must therefore be settled by paying in the corresponding
amounts using overnight facilities.
In addition to the settlement of payments processed through the Deutsche Bundesbank’s payment
systems, the accounts are also used for settling balances originating from clearing arrangements
outside the Bundesbank, such as “bilateral clearing” (see also Section 1.3). Such settlement
plus
transactions are processed via RTGS .
2
The term “giro network” refers to payment procedures which are used within one banking group or within a bank’s branch
network. Settlements are effected by one or more of the banking group’s central institutions.
1
Bank
Giro network of
commercial banks
1
Bank
Giro network of the Bilateral Giro network of credit
Deutsche clearing cooperatives
Bundesbank
1
Bank
Note: This diagram provides only an overview of the connections between the various giro networks. Not all bilateral
relationships are shown.
1
Banks without a giro network of their own and/or not using private giro networks.
debit and credit cards is steadily increasing, reaching in total a share of almost 11.3%. Other types of
payment, such as special payment instructions via Deutsche Postbank AG, but also payments made
with prepaid cards, are relatively insignificant (less than 1%).
2.2.2 Cheques
In Germany, the cheque has never become as important as it has in many other countries of the
western world. In terms of numbers it accounts for a mere 1.3% of all cashless transactions, in terms
of value just 2.7%. It is used for only 0.1% of all payments at retailers. On account of the increase in
more efficient debit card payments, the importance of the cheque is steadily decreasing. A further
decline in cheque payments in retail business can be expected as the eurocheque guarantee ceased
at the end of the year 2001. Although the number and value of cheques have declined in the past
years, they are nevertheless still active in business life.
Under the German Cheques Act, the drawee bank may not certify a cheque in such a way as to signify
that it undertakes to honour it. The purpose of this prohibition is to prevent cheques acquiring a
function similar to that of banknotes. An exception is made for “certified cheques”, which are drawn on
the Deutsche Bundesbank. On request by an issuer with sufficient cover, the Bundesbank will certify
such cheques. The liability arising from the certification lapses if the cheque is not presented for
payment within eight days of the date upon which it is drawn.
With the automation of cashless payment transactions, the fact that a cheque is a payment instrument
which is payable at sight has proved to be one of its key disadvantages. In other words, cheques must
always be collected and presented in paper-based form. In 1985, the central associations of the
German banking industry and the Deutsche Bundesbank agreed on a paperless cheque collection
procedure (formerly called the BSE Agreement, now part of the Cheque Agreement), while
deliberately waiving the statutory obligation to physically present cheques. The handling of BSE
cheques (since 2002 cheques below EUR 3,000) is fully automated and, in interbank transactions,
entirely electronic, whereas GSE cheques (large-value cheques for amounts of EUR 3,000 or more
since 2002) are still physically presented to the drawee banks.
compared with other payment instruments is increasing, especially as debit card payments (another
8.7%) are processed as direct debits as well.
Unlike credit transfers, direct debits are initiated by the payee, which thereby ensures that its claim on
the payer is fulfilled on time. However, this presupposes that the payer preauthorises the payee to
collect payment (collection authorisation) or, by agreement with the payee, authorises its bank to debit
its account in accordance with direct debit requests issued by that particular payee (debit
authorisation).
Bank customers who have IT systems are expected to submit their direct debits for collection to the
bank in electronic form only, ie on magnetic tape or diskette. Any remaining direct debits which are still
paper-based - collection of this kind is quite expensive for bank customers - are converted into data
records by the first-collecting institution, eg by means of inputting via terminals or scanning systems. In
November 1993, the direct debit became the first payment instrument to be fully automated as part of
the general conversion obligation introduced on the basis of the Direct Debit Agreement, and since
then it has been handled in wholly paperless form in interbank transactions.
Electronic cash
After many years of negotiations, the banking sector concluded the agreement on an interbank system
of cashless payment at automatic cashpoints (electronic cash system) in February 1990. This makes it
possible to have a uniform POS system on the basis of debit cards. Under this system cardholders
can pay for goods and services by debiting their accounts at the corresponding acceptance points
using cards issued by the German banking sector (ec card and bank customer card) and the
matching, confidential PIN. Once customers have entered their PIN, an authorisation request is
directed to the authorisation centre through the network operator. The authorisation centre checks the
confidential number, the credit balance and/or credit line and the entries in a blocking file. If the
answer is positive, the card-issuing bank gives a payment guarantee for the amount requested. A
charge is levied on merchants for these transactions.
The terminal networks of the various and competing network operators (of which there were 30 at
year-end 2001) are connected to the banking industry’s centres for the authorisation of electronic
payment by debit card in the electronic cash system. By the end of 2001, following a continuous
increase, about 306,000 electronic cash terminals had been installed (including electronic cash offline)
- mainly in petrol stations and retail outlets.
Due to the fact that bank cards will become more and more alike, the retailer’s risk of rejection of card
payments by banks will increase as retailers will no longer be able to distinguish the creditworthiness
of their customers, if the retailers use debit card systems other than the electronic cash system. For
this reason, the banking industry expects a further increase in the usage of electronic cash.
3
In Germany, the term Kreditkarte is used for both charge cards and credit cards. Most of the cards referred to as “credit
cards” in this book offer no possibility of obtaining credit. Periodical unit invoices have to be settled immediately on receipt.
Thus, these cards are generally designated as deferred charge cards.
Club, Eurocard in connection with MasterCard, Visa) has grown from approximately 10 million at the
end of 1994 to more than 18.8 million at the end of 2001. At the same time, the number of acceptance
points (especially in the retail sector and the hotel business) has increased substantially. In 2001,
German cardholders made payments by credit card amounting to approximately EUR 37.2 billion. In
spite of this, credit cards are still used far less than other payment instruments (eg debit cards) in the
Federal Republic of Germany.
Owing to the commission charges (a deduction from the credit card turnover of the acceptor, which is
payable by the latter only) and the amount of work involved in the authorisation and processing of
payments, credit cards are not always popular in the retail trade. Thus their use tends to be restricted
to more “upmarket” retail outlets. In addition, the ec card and customer cards issued by banks provide
retailers with a less expensive payment option.
Whereas GZS issued the Eurocard credit card on behalf of banks until 1989, banks now have the
possibility of issuing them themselves. More and more banks now also issue Visa cards. This means
that banks and credit card organisations are increasingly competing with each other. Banks use credit
cards to a greater degree for cross-selling or for developing customer relationships. Various additional
services (eg insurance) and bonus programmes (eg card charges depending on purchase amounts)
are aimed at achieving greater customer loyalty and increased card use.
4
With a few exceptions, there is one central institution per federal state in Germany.
Bank 1 Bank 2
Clearing Clearing
centre 1 centre 2
Gross settlement
Bilateral exchange
(also called bilateral
clearing)
RPS AZV
MASSE
Clearing Clearing
centre 3 centre 4
Bank 3 Bank 4
All banks directly involved in payment transactions are identified either by eight digit bank sort codes
(BLZ) or by their bank identifier codes (BIC codes). Branches of banks either have their own BLZ or a
BLZ derived from that of their parent institution. The bank sort code is also the current account number
plus
with the Deutsche Bundesbank. Additionally, in the Bundesbank’s new large-value system RTGS
(see Section 3.2), which is based on SWIFT standards for data formats, banks are addressed solely
with BIC codes.
The following provisions apply to all systems operated by the Deutsche Bundesbank: the general
provisions of the German Civil Code, the German Commercial Code, the Act governing General
Terms and Conditions of Business (Gesetz über die Allgemeinen Geschäftsbedingungen), the General
Terms and Conditions of Business of the Deutsche Bundesbank and the various payment agreements
concluded between the banking industry and the Deutsche Bundesbank.
plus
3.2 RTGS
plus
Customers who do not yet participate in RTGS can continue to use the ELS, albeit as a procedure
for gaining access to the Deutsche Bundesbank’s large-value payment system. However, for the
Bundesbank as the operator and for banks as users it would be uneconomical to operate the ELS as a
parallel system in the long term. Thus, the ELS will be closed down within a further three-year period
plus
at the latest. The Bundesbank undertakes to find a way for all ELS users to participate in RTGS in a
cost-effective way by the time the ELS closes down.
3.2.2 Participants
plus
In order to ensure that access to RTGS is as open as possible, the Bundesbank has dispensed with
size-dependent criteria for participation in the system. It is possible to address about 8,400 credit
institutions as direct or indirect participants (including branches of participants).
plus
Only credit institutions and investment firms may participate directly in RTGS . As at year-end 2002
there were 74 direct participants. The European central depository Clearstream and the futures
plus
exchange Eurex will also be linked to RTGS for their cash settlement.
Banks may participate indirectly. In this case, clearing will be carried out via the selected direct
plus
RTGS participant, which is either a credit institution or the Deutsche Bundesbank. Users
plus
participating via the Deutsche Bundesbank will use the ELS as their linkage to RTGS until it closes
in November 2004 at the latest.
Express payments
plus
For express payments the participant uses their complete RTGS liquidity. The express mode is
therefore especially suitable for priority payments, eg time-critical and settlement payments.
Limit payments
Alternatively, the participant may systemically control the outward flow of liquidity by defining limits and
submitting orders as limit payments. Such payments are only executed if the current credit balance in
plus
RTGS is sufficient and the maximum amount of liquidity the sender is willing to use for limit
payments has not been exceeded.
TARGET payments
plus
RTGS is the German access point to the TARGET system of the EU central banks. With the
plus
integration of the German TARGET component into RTGS , its service quality has much improved
and thus contributes to a more efficient liquidity flow in TARGET. TARGET payments may also be
submitted as limit payments.
Timed payments
Participants can tag time-critical payments (“till” payments) with a due time. Nevertheless, the
plus
RTGS participant is still responsible for the punctual execution of the payment. But the ICS enables
simple and continuous monitoring via selective access to these instructions and provides a special
plus
warning feature. In RTGS it is also possible to set up “from” payments. The participant defines the
earliest processing time of the payment.
plus
Banks make use of RTGS on the one hand for interbank operations, such as money market
transactions and liquidity management operations. On the other hand, due to its speed, its liquidity
plus
efficiency and favourable pricing, RTGS is widely used for urgent customer payments (share of
60% in terms of volume).
Liquidity-saving elements
plus
The liquidity-saving processing of RTGS is achieved by various coordinated mechanisms. These
consist mainly in three measures: immediate real-time settlement, but with consideration of mutual
cover dependencies for both express and limit payments, event-oriented optimisation of the express
queue and ongoing resolution of the queues through sophisticated, differentiated algorithms with
comprehensive consideration of offsetting transactions, which enables efficient payment processing
with strong liquidity-saving effects. The algorithms lead to minimised queues and improved throughput
as well as accelerated settlement with early finality due to the efficient use of the available liquidity.
This allows participants to optimise their collateral deposits.
Limit control
plus
Limits are the most important means of managing liquidity in RTGS . By preventing unilateral losses
plus
of liquidity, sender limits ensure that - beyond a certain threshold - RTGS participants can only
receive final payments if they are ready to submit payments themselves (“payment versus payment
philosophy”). Moreover, experience shows that sender limits encourage early submission of payments
and help to synchronise payment flows. The participants have flexible options for controlling their
liquidity. If they do not require any control at all, they can dispense with the use of limits entirely. The
next level of control is to define a total limit. This restricts the use of liquidity available for limits as a
whole and reserves the liquidity above for express payments. Additionally, fine control of liquidity can
be achieved by defining bilateral sender limits, which is participant-related, and multilateral sender
limits for other participants not being defined bilaterally.
3.2.7 Pricing
plus
Only transaction fees fully recovering the costs are charged in RTGS , ie there are no entry fees or
periodical fixed fees. The price model takes the interest of both large and small banks into account.
Participants with a low number of transactions profit from a favourable, transparent transaction price,
being valid for all participants, whereas banks with larger volumes benefit from a scaled discount
system:
3.3.2 Participants
Each credit institution with an account at a Deutsche Bundesbank branch which meets the technical
requirements of the RPS is entitled to submit credit transfers or cheques and direct debits to the
Bundesbank on electronic media or by data telecommunication (cf the special case of the GSE
above). The branches and the Central Office of the Deutsche Bundesbank use this system to execute
orders of their customers (eg public authorities) by paperless transfer.
via the RPS. In addition, all GSE vouchers are presented physically to the drawee credit institution.
The conversion of cheques for the GSE procedure is performed exclusively at the Bundesbank’s
computer centres and payment transaction points.
3.3.6 Pricing
The following prices are charged (as from 1 July 2002). Data records submitted on EDM or by data
telecommunication are subject to a transaction fee of EUR 0.0015 per data record. No minimum fee is
charged any more. Additionally, the EDM is subject to a fee of EUR 7.50 per item, the delivery of
paper-based items (eg direct debits) EUR 0.25 per item. Paper-based credit transfer orders of
non-banks and paper-based cheques submitted are billed EUR 0.30 per item; the sorting and delivery
of GSE cheques for credit institutions is charged with an additional fee of EUR 0.30 per item.
5
Electronic commerce is the handling of business processes of all kinds via electronic networks.
mandatory EDIFACT acceptance was introduced on 7 February 1998, a uniform global format for the
processing of electronic business and trade. Since then, all banks have had to be in a position to
receive EDIFACT payments. In addition, there is no longer any need to convert EDIFACT messages
into a national format. The Deutsche Bundesbank accepts EDIFACT payments in the ELS within the
framework of electronic access to the Deutsche Bundesbank. Because of the very small number of
plus
payments in that format the Bundesbank deliberately does not accept such payments in RTGS .
4.1 Trading
transitional period of three years (up to July 2005) it will be left to the stock exchanges to decide on the
configuration of the trading systems they use (floor trading with brokers, computer-assisted or fully
computerised trading).
Clients have the right to have their orders carried out at the fixed price. Orders on an unlimited basis
are given preference when prices are fixed.
4.1.4 XETRA
XETRA is Deutsche Börse AG’s electronic trading system for spot trading and coexists with floor
trading. XETRA is conceived as an order-driven trading system with automatic transaction matching
which consolidates all orders in a central order book that is open to inspection by all XETRA
participants. Since October 1998 issuers have been able to assign credit institutions, brokers and
securities trading houses as designated sponsors (formerly “Betreuer”) to XETRA. There may be one
or more designated sponsors for a given security. However, a designated sponsor may look after
several securities even without an assignment from the issuer. Designated sponsors create a higher
degree of liquidity in XETRA trading by giving binding prices on both the bid and ask sides
(quote-driven trading system). Securities are transferred with the help of designated sponsors from
daily auctions to continuous trading. With the exception of Dax stocks, the scope of securities for
which designated sponsors can be appointed comprises all shares listed at the Frankfurt Stock
Exchange.
4.1.5 Eurex
Eurex was conceived jointly by Deutsche Börse AG and the Swiss Stock Exchange in December 1996
and established in 1998 through a merger between Deutsche Terminbörse (DTB) and SOFFEX. It is
thus the common futures and options market of the German and Swiss stock exchanges. Eurex is an
independent, fully electronic market for forward exchange transactions, ie both futures contracts and
listed options are traded.
Eurex offers a cross-border market featuring a uniform range of standardised products on the basis of
a harmonised body of rules and regulations. A distinction is drawn between participants who transact
own-account and customer business and those who also perform market-maker functions. The task of
market-makers is to provide binding bid and offer prices for the base instruments which they manage.
The futures exchange operates in four phases of daily trading. In the pre-trading period, orders and
quotes can be submitted and information retrieved. On the basis of the orders and quotes entered up
to this point, a preliminary opening price is displayed in the opening period, which is subject to revision
as further orders and quotes are received. A final opening price is determined within the scope of the
subsequent compensation process. Trading continues throughout the trading period. Market
participants can enter orders and quotes in the system for about two hours after the trading period
ends, ie in the post-trading period.
Moreover, since 27 August 2000 Eurex has been cooperating with the Chicago Board of Trade
(CBOT) in the area of electronic derivatives trading on a jointly developed platform based on Eurex
technology. The joint venture company a/c/e (alliance/cbot/eurex), in which each partner holds an
equal share, provides access to the products of both stock exchanges via one trading screen.
a central quote book. During trading hours, orders entered into the system are executed against the
best available bid or asked prices. Trading on Eurex Bonds can be done via the Eurex Bonds trading
system or via the internet. There are currently 23 European banks connected to Eurex Bonds.
Participation in the system is available to all banks and financial services firms which fulfil the trading
and clearing admission requirements.
The Bundesbank, with its special status that does not include market-maker functions and a capital
holding, has been trading on Eurex Bonds for the account of the Federal Government since October
2000. The operators of Eurex Bonds introduced in 2001 a repo trading facility via the internet-based
platform “Eurex Repo”. Now the participants are able to conduct cash trading, basis trading and repo
trading on one platform. The German Finance Agency joined Eurex Bonds at the beginning of 2002.
The Agency has been the central service provider for the Government of the Federal Republic of
Germany since 2001 in all matters relating to debt management. Eurex Bonds has enlarged the list of
instruments to include “Jumbo Pfandbriefe” (asset-backed securities), agency bonds (such as
“Kreditanstalt für Wiederaufbau”) and regional government (Länder) bonds.
The Trading Supervision Authority (HÜST) is an independent organ of the stock exchange and
exercises direct market supervision. It systematically and meticulously records all data relating to
trading and processing on the stock exchange and checks them for conspicuous features and
irregularities. In this manner, it controls pricing and price fixing. In addition, it performs transaction
checks among official exchange brokers and independent brokers and investigates suspect cases.
4.2 Clearing
The clearing house for the Eurex exchanges is Eurex Clearing AG. Eurex Clearing AG serves as the
central counterparty for derivatives traded on Eurex. As a central counterparty, the clearing house
interposes itself as buyer to every seller and as seller to every buyer (netting by novation).
Counterparty risk is reduced since each clearing member will have the clearing house as its
counterparty in place of other market participants, which in most cases will not have the same credit
quality as Eurex Clearing AG. By consolidating exposures under Eurex Clearing AG as the central
counterparty, members receive the maximum benefits arising from the correlation between risk
positions and portfolio diversification. A risk-based margining system based on value-at-risk
methodologies allows for the maximum benefit to members, while maintaining the clearing house’s
financial soundness at the levels targeted by the risk-carrying community.
In addition, Eurex introduced a remote clearing system on 1 August 2000. This enables participants
from each country in the European Union or Switzerland not only to participate directly in trading, but
also to handle the clearing and settlement themselves.
Eurex Clearing AG also has plans to expand its central counterparty clearing services to securities. As
a first step, it has taken over this role in the Eurex bond and repo trading system. A further step will be
the introduction of a central counterparty for equities announced for the first quarter of 2003.
4.3 Settlement
6
Referred to as Clearstream unless otherwise specified.
entered as fiduciary in the collective debt register administered by the Federal (or Länder) Debt
Administration, or else registration is effected in the individual debt register also administered by the
Federal (or Länder) Debt Administration.
second stock exchange day following the day of trading (T+2). Settlement lists are generated by the
system as on the day of settlement, reflecting all securities account movements for the day in question
along with the respective countervalues.
OTC transactions can be settled free of payment. Transactions against payment are only effected
following a prior matching based on certain matching criteria. These transactions are entered by the
parties concerned, and the system performs the settlement of the transactions. The settlement day
can vary between T+0 and T+40. If the settlement day is T+0, same day processing and real-time
settlement are possible (see below).
net position. As a result of this disbursement, the preliminary securities transfers executed in the
batches also acquire final status. If a participant with a debit position is unable to provide the
necessary cover, the worst case scenario is that the settlement for that particular batch cycle will need
to be unwound. However, this has never been necessary in the past, since Clearstream has additional
means in place to contain this risk.
From about 10.45 am to 2 pm SDS 2 takes place, operating along the same principles.
Apart from standard and same day settlement, Clearstream provides a real-time DVP settlement
service. Securities transfer orders can be forwarded to Clearstream on-screen between 6 am and
4.30 pm by both parties involved. The Clearstream system matches the orders, blocks the securities to
be sold in its own system and electronically instructs the Deutsche Bundesbank to debit the cash
account of the buyer. Once the debit entry has been made, ownership of the blocked instruments
passes to the buyer, and the seller receives the cash amount in question.
4.3.2.3 Outlook
As part of its corporate integration plans, Clearstream Banking AG Frankfurt has transferred its global
business (international bonds and equities) to the Creation settlement platform of its ICSD sister
company Clearstream Banking S.A. Luxembourg (see also the Eurosystem chapter). The next step in
this framework will be carried out by transferring the domestic securities business into a new
settlement model designed in cooperation with Clearstream’s participants. The main goals to be
achieved by introduction of the new settlement model are pooling of liquidity, efficient cash clearing
with maximum flexibility as well as elimination of the unwinding risk. The new settlement model,
comprising both night-time and daytime processing, will provide the following specific features:
– technical netting, continuous finality and multiple batches;
– provisioning of liquidity prior to each batch in which securities transactions are to be settled -
“pre-funding” will be performed solely through central bank money;
– achievement of DVP settlement by simultaneous settlement of cash and securities;
– transfer of cash credit balances without delay upon receipt of a request for payout by the
customer;
– combination of mandatory and optional batches during daytime processing.
crediting to the respective counterparty’s custody account with the Bundesbank. The Deutsche
Bundesbank assumes the daily valuation of collateral inventories according to the uniform Eurosystem
criteria on its own responsibility. Clearstream has no further tasks; the Deutsche Bundesbank is
largely independent of Clearstream in the day-to-day operation of the operational safe custody
accounts and does not require an online interface for each single monetary policy operation or each
single intraday credit for payment transactions in the course of a business day.
However, Clearstream does assume additional functions within the scope of its Xemac© pledge
account system. In Xemac©, lump sums determined on a long-term basis are, as a rule, pledged.
These are reported to the Bundesbank as an overall total. In addition, any changes to these lump sum
amounts are reported to the Deutsche Bundesbank. By means of the direct links between Clearstream
and other CSDs, non-German government bonds can also be pledged via Xemac© in favour of the
Deutsche Bundesbank. Clearstream assumes the daily valuation of the securities in accordance with
the Eurosystem criteria and automatically arranges for subsequent deliveries of securities which may
be necessary in the event that the lump sum amount should be undermined due to price fluctuations.
Table of contents
List of abbreviations
AI authorised institution
AMS Automatic Order Matching and Execution System
CCASS Central Clearing and Settlement System
CCPMP Cross Currency Payment Matching Processor
CHATS Clearing House Automated Transfer System
CMT CMU user terminal
CMU Central Moneymarkets Unit
CMUP Central Moneymarkets Unit Processor
CNS continuous net settlement
DTC deposit-taking company
DTCA DTC Association
EFBN Exchange Fund Bill and Note
EPS Easy Pay System
FOP free of payment
GEM Growth Enterprise Market
HKAB Hong Kong Association of Banks
HKEx Hong Kong Exchanges and Clearing Limited
HKFE Hong Kong Futures Exchange
HKICL Hong Kong Interbank Clearing Limited
HKMA Hong Kong Monetary Authority
HKNPL Hong Kong Note Printing Limited
HKSCC Hong Kong Securities Clearing Company Limited
IFTP Interbank Fund Transfer Processor
LAW liquidity adjustment window
LB licensed bank
MM market-maker
MPC multipurpose stored value card
PPS Payment by Phone Service
RD recognised dealer
RLB restricted licence bank
SAP Settlement Account Processor
SEHK Stock Exchange of Hong Kong
SFC Securities and Futures Commission
SI settlement instruction
1. Institutional aspects
to rules of law and admissibility of electronic records as evidence in court came into operation on
7 April 2000.
1.2 Institutions
1.2.1.1 Banks
Hong Kong maintains a three-tier system of deposit-taking institutions, namely licensed banks,
restricted licence banks and deposit-taking companies. They are collectively known as authorised
institutions (AIs) under the Banking Ordinance.
Under the Banking Ordinance, the HKMA is the authority responsible for the authorisation, suspension
and revocation of all three types of AIs. Checks and balances are provided in the Banking Ordinance
with the requirement that the HKMA consult the Financial Secretary on important authorisation
decisions, such as suspension or revocation. The Chief Executive-in-Council is the appellate body for
hearing appeals against decisions made by the HKMA.
(a) Licensed banks (LBs) - only LBs may operate current and savings accounts, accept deposits
of any size and maturity from the public and pay or collect cheques drawn by or paid in by
customers. LBs are required to open and maintain an account with the HKMA for the
settlement of HKD. In other words, they have direct access to the HKD real-time gross
settlement (RTGS) interbank payment system. Therefore LBs are the major providers of
payment services in Hong Kong.
(b) Restricted licence banks (RLBs) - RLBs principally engage in merchant banking and capital
market activities. They may take call, notice or time deposits of any maturity of HKD 500,000
(approximately USD 64,103) and above. In May 2000, legal arrangements were finalised to
allow RLBs with a clear business need to join the RTGS interbank payment system for the
settlement of HKD. However, they are not allowed to participate in the clearing of cheques
given the restriction on their extending current accounts to customers.
(c) Deposit-taking companies (DTCs) - DTCs are mostly owned by, or otherwise associated
with, banks. They engage in a range of specialised activities, including consumer finance
and securities business. These companies may take deposits of HKD 100,000
(approximately USD 12,821) or above with an original term to maturity, or call or notice
period, of at least three months. DTCs do not have direct access to the HKD RTGS
interbank payment system.
Hong Kong has one of the highest concentrations of banking institutions in the world. At the end of
December 2001, there were 147 LBs, 49 RLBs and 54 DTCs in business. There are, in addition,
111 representative offices of overseas banks in Hong Kong. A local representative office is not allowed
to engage in any banking business. Its role is confined mainly to liaison work between the bank and its
customers in Hong Kong.
AIs have to comply with the provisions of the Banking Ordinance, which, among other things, require
them to maintain adequate liquidity and capital adequacy ratios, to submit periodic returns to the
HKMA on required financial information, to adhere to limitations on loans to any one customer or to
directors and employees, and to seek approval for the appointment of controllers, directors and senior
management.
In May 2000, the HKMA issued a Guideline on the Authorisation of Virtual Banks under Section 16(10)
of the Banking Ordinance. The Guideline sets out the principles that the HKMA will take into account in
deciding whether to authorise virtual banks. The main principle is that the HKMA will not object to the
establishment of virtual banks in Hong Kong provided that they can satisfy the same prudential criteria
that apply to conventional banks.
In line with existing authorisation policies for conventional banks, a locally incorporated virtual bank
cannot be newly established other than through the conversion of an existing locally incorporated AI.
Furthermore, local virtual banks should be at least 50% owned by a well established bank or other
supervised financial institutions. Applicants incorporated overseas must come from countries with an
established regulatory framework for electronic banking. In addition, they must have total assets of
more than USD 16 billion.
SFC as a dealer, an adviser, a securities margin financier or a leveraged foreign exchange trader, as
the case may be.
Licensed intermediaries must meet a number of ongoing requirements, including the maintenance of
adequate liquid capital, the maintenance of proper books and records, the safe custody of customers’
securities, the segregation of investors’ monies and the submission by registered intermediaries and
their auditors of returns and reports.
The licensing requirements relating to securities dealers and investment advisers are established in
Part VI of the Securities Ordinance. The licensing requirements relating to futures dealers and
advisers are established in Part IV of the Commodities Trading Ordinance. The licensing requirements
relating to securities margin financiers are established in Part XA of the Securities Ordinance. The
licensing requirements relating to leveraged foreign exchange trading are established in the
Leveraged Foreign Exchange Trading Ordinance.
Following the implementation of the USD RTGS system in Hong Kong, the CMU system established
another seamless interface with the USD RTGS system in December 2000. With this system interface
in place, the CMU provides its members with real-time and end-of-day DVP settlement of
USD-denominated debt securities. Furthermore, this interface enables automatic intraday repos, which
helps to provide intraday USD liquidity to the participants of the USD RTGS system.
All debt instruments cleared through the CMU are either immobilised or dematerialised, and transfer of
title is effected in computer book-entry form.
The main objectives of the HKAB, among others, are to further the interests of banks, to draw up rules
for the conduct of the business of banking, to act as an advisory body to its members in matters
concerning the business of banking, and to provide facilities for the clearing of cheques and other
instruments.
2. Payment media
2.1 Cash
Cash is still by far the most common means of retail payment in Hong Kong. At the end of 2001, HKD
notes and coins in circulation amounted to HKD 102 billion, representing 7.9% of GDP. Compared with
the G10 economies, cash usage in Hong Kong is high, similar to Japan and Switzerland. Despite the
significant growth of card-based or electronic means of retail payment in the past decade, the
currency/GDP ratio in Hong Kong remains high, which could be mainly due to the significant amount of
HKD notes and coins circulating in mainland China and Macau.
The government, through the HKMA, has given authorisation to three commercial banks, HSBC,
Standard Chartered Bank and the Bank of China, to issue currency notes in Hong Kong. Authorisation
is accompanied by a set of terms and conditions agreed between the government and the three
note-issuing banks. Banknotes are issued by the three banks, or redeemed, against payment to, or
from, the government’s Exchange Fund in USD, at the specified rate of USD 1 to HKD 7.80 under the
linked exchange rate system. The note-issuing banks deposit the USD backing with the Exchange
Fund in exchange for certificates of indebtedness, which are redeemed by the Exchange Fund upon
redemption of issued banknotes.
Hong Kong Note Printing Limited (HKNPL) prints the banknotes issued by the three commercial banks
in Hong Kong. The government acquired the banknote printing plant with funds drawn from the
Exchange Fund in April 1996. Subsequently, the three note-issuing banks each acquired 10% of
HKNPL’s issued shares from the government and became minority shareholders.
Currency notes in everyday circulation are HKD 10, HKD 20, HKD 50, HKD 100, HKD 500 and
HKD 1,000. The HKD 10 notes are gradually being phased out and replaced by the HKD 10 coin, a
process which began in November 1994. The government issues coins of HKD 10, HKD 5, HKD 2,
HKD 1, 50 cents, 20 cents and 10 cents. Until 1992 these coins were embossed with the Queen’s
Head. In 1993, a programme was initiated to replace the Queen’s Head series with a new series
depicting the Bauhinia flower. The first Bauhinia coins, the HKD 5 and HKD 2 coins, were issued in
January 1993. New HKD 1, 50 cent and 20 cent coins were issued in October 1993, and a new
10 cent coin in May 1994. The HKD 10 coin, the last of the Bauhinia series of coins, was issued in
November 1994. Since the beginning of the coin replacement programme in 1993, about 549 million
coins of Queen’s Head design have been withdrawn from circulation. The Queen’s Head coins remain
legal tender while the replacement programme continues.
In early autumn 2002 a new HKD 10 note started to circulate in Hong Kong. The new note is issued by
the government in recognition of continuing demand among the public for a HKD 10 note in addition to
the HKD 10 coin. The HKD 10 coin and the existing HKD 10 notes will remain in circulation.
Commemorative coins were issued to mark important events such as the establishment of the Hong
Kong Special Administrative Region on 1 July 1997 and the grand opening of Hong Kong International
Airport in July 1998.
2.2 Cheques
Corporations or individuals in Hong Kong often use cheques as a means of payment or funds transfer.
As a means of retail payment, cheques are also often used in transactions where debit cards or credit
cards are not accepted (eg for payment of large-value items such as motor cars or payment of deposit
when purchasing property). Cheques are also used for some smaller-value items such as utility bills,
but alternative electronic means of payment have become increasingly popular.
The cheque clearing system in Hong Kong is operated by HKICL and overseen by the HKMA.
Interbank money settlement of cheques in net terms takes place between 15:00 and 15:30 on the
business day following deposit of a cheque. The cheque clearing system has an interface with the
settlement accounts maintained by the banks with the HKMA. On average, about half a million
cheques are cleared every day amounting to some HKD 20 billion. This is about 5% of the daily
amount handled by the HKD RTGS interbank payment system
Since January 1998, it has been possible for HKD cheques issued by banks in Hong Kong to be
presented at banks in the Shenzhen Special Economic Zone and delivered back to Hong Kong for
clearing. Good funds can be made available to the payee in Shenzhen on the afternoon of the next
business day after presentation of the cheque. A similar service was extended to 19 cities in
Guangdong province in October 2000. However, the value of such cross-border cheques cleared is
minuscule compared with the daily cheque processing volume in Hong Kong.
The design of the RTGS system is simple and robust. It uses a Y-shaped topology in which all
participating banks have direct access to the system under a single-tier structure. All settlement
account holders open and maintain HKD accounts with the HKMA and all interbank payments settled
across the books of the HKMA are final and irrevocable. Payment instructions are settled immediately
if there is a sufficient balance in the settlement account. Banks without sufficient credit balances in
their settlement accounts have their payment instructions queued in the system. Alternatively, the
banks can make use of the seamless interface between the Settlement Account Processor (SAP) and
the book-entry debt securities clearing system (which is known as the CMU Processor or CMUP), to
sell and repurchase their EFBNs during the day in the form of intraday repo transactions to obtain
interest-free intraday liquidity from the HKMA.
Diagram 1
Design of Hong Kong’s RTGS system
Bank A Bank B
Interbank Fund
Transfer Processor
(IFTP)
Central
Moneymarkets Unit
Processor
(CMUP)
Settlement Account
Processor
(SAP)
Exchange Fund
General Ledger
3.1.1 Ownership
The RTGS system for HKD is owned by the HKMA.
3.1.2 Participation
All LBs in Hong Kong are required to maintain a settlement account with the HKMA. As stipulated in
Section 3A(1) of the Exchange Fund Ordinance, the Financial Secretary may by notice require an AI in
Hong Kong to open a settlement account with the HKMA. The account is required to be maintained
and operated on the terms and conditions considered appropriate by the Financial Secretary. The
Financial Secretary has delegated this power to the HKMA. The Chief Executive of the HKMA has
served a notice to all LBs requesting that they open a settlement account to be maintained and
operated on the terms set out in the conditions and the operating procedures attached to the notice
and the relevant provisions in the clearing house rules. In May 2000, the HKMA announced that RLBs
in Hong Kong were also allowed to access the HKD CHATS, provided that they have demonstrated a
business need to do so. As at the end of December 2001, there were 136 settlement accounts
maintained with the HKMA.
3.1.5 Settlement
3.1.5.1 RTGS
All RTGS transactions are settled real-time on a gross basis. When a payment has been settled
across the books of the HKMA, it is regarded as final and irrevocable.
Diagram 2
Operation flow of PVP settle men t
Ba nk X Ba nk Y
(iii)
Ho ld (i) HKD USD (ii)
Ho ld
fund ( iv) CCPM P CCPM P fund ( iv)
(v) Ba nk Y Ba nk X (v)
(v) (v)
HKD USD
RTG S RTG S
message flow
payme nt flow
(b) Repo facility: banks can arrange with the HKMA to obtain liquidity through a repo facility.
Within the day, if a bank does not have a sufficient balance in its settlement account to effect
an outgoing payment but has sufficient EFBNs in its intraday repo account, the system can
automatically trigger an intraday repo transaction to generate the required amount of credit
balance to cover the shortfall. A bank with excess liquidity in its settlement account may
repay the repo at any time. In any case, the intraday repo can be repurchased before the
close of business. Intraday repos that cannot be repurchased before the close of business
will be rolled into overnight borrowing under the discount window, in which interest is
charged by the HKMA. Apart from the above facility, banks can also arrange overnight repos
with the HKMA through the discount window facility if required.
(c) Queuing mechanism: the HKD RTGS system is a credit transfer system. If a bank does not
have a sufficient balance in its settlement account to effect payment, the transaction is
queued in the system. Banks can make use of a resequencing function to move the selected
transaction to either the top or the bottom of their queued payments. The queuing
mechanism allows the banks to manage their own queues of payment instructions through
cancellation, resequencing and amendments.
(d) Monitoring: to ensure smooth processing in the payment system, the HKMA closely monitors
the payment condition of each bank on a real-time basis. The position of each bank, as well
as each transaction detail, can be accessed by the HKMA.
(e) Throughput guidelines: in December 1996, the HKMA issued a guideline to banks on their
CHATS throughput in order to encourage banks to make payments in a timely and orderly
manner throughout the day. Each bank is required to release and settle its interbank
payments whose aggregate value is not less than 35% and 65% (by 12:00 and 14:30
respectively) of the value of its total CHATS payments for the day. The HKMA closely
monitors banks’ compliance with throughput targets and discusses with individual banks if
they have underperformed.
(f) No overdraft: settlement account holders are not required to maintain a minimum amount or
reserve in their settlement accounts with the HKMA. Nonetheless, the settlement accounts
are not allowed to go into overdraft.
(g) Confidentiality: while a bank inputs the full details of its payment instructions, including
customer information, into the IFTP, the instructions will be stripped so that only the
settlement instruction - ie information on the amount, the paying bank and the receiving
bank - will be passed onto the SAP.
(h) Liquidity adjustment window (LAW) facility: LAW is a contingent liquidity facility which allows
banks to obtain intraday liquidity from the HKMA through repos of qualified eligible securities
lodged with the CMU other than EFBNs. LAW is devised for the purpose of helping banks to
settle time-critical bulk clearing obligations.
3.1.8 Governance
All banks are required to strictly adhere to the rules as stipulated in the HKD clearing house rules. In
addition, all participants of the HKD CHATS are required to comply with the terms and conditions in
the account opening form and other documents as specified by the HKMA and HKICL.
The purpose of the USD clearing system is to provide efficient settlement of USD transactions during
Asian business hours. The USD is the single most widely used currency for the denomination of world
trade in merchandise and financial products. Given Hong Kong’s role as an international financial
centre, and the fact that the HKD is linked to the USD, there is extensive holding of USD and a
considerable trade in USD-denominated assets. These activities suggest that there is a business case
for introducing improved mechanisms for settling USD payments in Hong Kong.
In the course of examining options for implementing the USD clearing system in Hong Kong, we had
widely consulted the banking sector and had been in dialogue with the Federal Reserve Bank of New
York. They indicated a preference that the settlement institution be a commercial bank, and such a
private sector solution is consistent with the recommendation by the Bank for International
Settlements. Such practice is also in line with Hong Kong’s tradition of adopting market-led solutions.
After going through a vigorous selection process, the HKMA appointed HSBC to be the settlement
institution for the USD clearing system in Hong Kong (see Section 3.2.1).
In terms of system design, the USD CHATS is almost an exact replica of the HKD CHATS, except for
the following characteristics:
– The settlement institution for the USD CHATS is a commercial bank. In this regard, each
direct participant has to open and maintain a settlement account with the USD settlement
institution and all transactions are settled across the books of the USD settlement institution.
– The USD CHATS has adopted a two-tier membership structure in which banks can join the
system as either direct or indirect participants. The system also accepts overseas members
as long as they are approved to join the system by the HKMA and the USD settlement
institution.
– Unlike the HKD CHATS, the USD settlement institution provides a clean intraday overdraft
facility to the direct participants in the system. Direct participants can enjoy an interest-free
overdraft facility and interest-free intraday repos if they can repay HSBC’s New York
correspondent before the close of the New York CHIPS on that value day (ie 05:30 in
summer, or 04:30 in winter, Hong Kong time, on Day D+1).
3.2.1 Ownership
The RTGS system for USD is owned by HSBC. HSBC was appointed by the HKMA as the settlement
institution for a franchise period of five years starting from 1 August 2000.
3.2.2 Participation
Participation in the USD CHATS is not mandatory. Banks are free to join the system as either direct
participants or indirect participants. The system also accepts overseas members as long as they are
approved to join the system by the HKMA and the USD settlement institution.
3.2.5 Settlement
3.2.5.1 RTGS
All RTGS transactions are settled real-time on a gross basis. When a payment is settled across the
books of the USD settlement institution, it is regarded as final and irrevocable.
each of the two bulk clearing runs that take place during the day. Banks also receive
advance notice of the aggregate value of incoming payments from other banks after 17:00,
which allows the banks to assess precisely whether they have surplus (or insufficient) funds
for meeting their payment obligations.
As mentioned above, the direct participants may go into overdraft by making use of the
interest-free intraday overdraft facility provided by HSBC. When a direct participant does not
have a sufficient credit balance to effect its payment instructions, the bank can make use of
the overdraft provided by HSBC to effect its payments to its counterparties. Banks may also
arrange manual repo transactions if necessary.
(b) Queuing mechanism: if a bank does not have a sufficient balance in its settlement account to
effect the payments, the transactions will be queued in the system. The banks can make use
of the resequencing function to move the selected transaction to either the top or the bottom.
The queuing mechanism allows the banks to manage their own queues of payment
instructions through cancellation, resequencing and amendments.
(c) Monitoring: the USD settlement institution as well as the HKMA closely monitor the payment
condition of each direct participant on a real-time basis. Through the USD SAP, the USD
settlement institution and the HKMA can access the position of each bank as well as the
details of each transaction. The HKMA also closely oversees the performance of the USD
settlement institution. The HKMA meets regularly with the USD settlement institution to
discuss issues which are of mutual interest and beneficial to the users in the USD clearing
system.
(d) Throughput guidelines: similar to the HKD CHATS, the direct participants are required to
comply with the CHATS throughput guideline under which each direct participant is required
to release and settle interbank payments whose aggregate value is not less than 35% and
65% (by 12:00 and 14:30 respectively) of the value of its total CHATS payments for the day.
(e) Oversight by regulatory authority: as the system overseer, the HKMA meets with the
settlement institution on a regular basis to keep abreast of the operation of the system.
(f) Confidentiality: while a direct participant inputs the full details of its payment instructions,
including customer information, into the USD IFTP, the instructions will be stripped so that
only the settlement instruction - ie information on the amount, the paying bank and the
receiving bank - will be passed onto the USD SAP.
3.2.8 Governance
All direct participants are required to strictly adhere to the rules as stipulated in the USD clearing
house rules. In addition, all participants of the USD CHATS are required to comply with the terms and
conditions in the account opening form and other documents as specified by the USD settlement
institution and HKICL.
3.3.1 Cross-border joint cheque clearing facility with cities in mainland China
The HKMA reached an agreement with the Guangzhou branch of The People’s Bank of China on a
joint clearing arrangement to speed up the processing of HKD cheques issued by banks in Hong Kong
and presented in Guangdong province. Starting from 1 October 2000, it has been possible to reduce
the clearing and settling of HKD cheques issued by banks in Hong Kong and presented in Guangdong
province to two days before good funds can be credited to the payees’ accounts in Guangdong. This
is the second cross-boundary joint cheque clearing system with cities in mainland China. The first one
was implemented in January 1998 in Shenzhen, and has been functioning very well since its
introduction.
In September 2001, the HKMA further agreed with the Guangzhou branch of The People’s Bank of
China that the cross-border joint clearing facility for HKD cheques drawn upon banks in Hong Kong
and presented in cities in Guangdong (including Shenzhen) be extended to cover cashier’s orders and
demand drafts.
To further promote and facilitate the cross-border joint clearing arrangement with mainland China, the
HKMA and the Guangzhou branch of The People’s Bank of China agreed on a new joint clearing
facility to speed up the processing of HKD cheques issued by banks in Guangdong province and
presented in Hong Kong. Starting from 22 June 2002, the time required for clearing those cheques
has been reduced to two working days. The joint clearing facility has streamlined the collection of the
cheques and their delivery to the clearing houses in Guangdong and Shenzhen for processing.
images, appropriate consideration will be given in the selection of processing equipment and
elsewhere to ensuring high-quality images. A programme will also be devised with a view to ensuring
that the cheque imaging process and the cheque images are reliable and secure. The programme will
be applicable to both Group A banks and HKICL. HKICL will appoint a consultancy firm to design the
programme. Both HKICL and Group A banks will appoint either internal or external auditors to certify
their imaging systems in accordance with the programme. Certification will be carried out every three
years or sooner on an “as needed” basis.
The banking industry as represented by the HKAB is in favour of cheque imaging and truncation
because cheque processing costs and storage costs (currently incurred for paper cheques) will, in the
longer term, be reduced; the efficiency of cheque processing will be increased, as imaged cheques
are easy to process, transfer and retrieve.
4.1 Exchange Fund Bills and Notes and other debt securities
4.1.1 Trading
4.1.2 Pre-settlement
4.1.3 Settlement
All debt instruments cleared through the CMU are either immobilised or dematerialised, and transfer of
title is effected in computer book-entry form.
The CMU service offers two types of settlement mode: (i) delivery versus payment (DVP), and (ii) free
of payment (FOP). Through the seamless interface with the HKD and USD RTGS systems, the CMU
provides real-time DVP settlement for its members. Members which are direct participants of the HKD
or USD RTGS system can settle a transaction directly through their cash clearing account with the
settlement institution. Those not directly participating in the RTGS system have to appoint a settlement
bank to effect the payment arising from their securities transaction.
Real-time settlement is on a gross basis. The real-time window extends from 09:00 till 15:00.
Unsettled transactions are automatically converted into end-of-day transactions, which are settled on a
multilateral netting basis. The end-of-day settlement run starts at 15:30 and is completed before 16:00.
replacement cost if a securities transaction fails to settle. This replacement risk can be reduced by
settling the transactions on a real-time DVP basis.
With regard to disaster arrangements, the CMU has a hot backup site that is located outside the
central business district. Production data are copied to the site on a real-time basis. When a major
operational disruption occurs prohibiting operations at the production computer centre, the hot backup
site can be activated within half an hour. There is also a detailed contingency plan that covers the
processing activities relating to clearing and data processing using the remote site. The contingency
plan addresses a major operational failure at the production site and failure of a participant’s CMT.
The CMU maintains a comprehensive system of internal controls and procedures. This aims to
minimise the operational risk. These internal controls and procedures are subject to examination by
both internal and external auditors. The internal audit is conducted on a continuous basis while the
external audit is conducted annually.
The Audit Commission is the external auditor of the accounts of the government. The objective of the
Audit Commission is to provide independent, professional and high-quality audit services to the
Legislative Council and public sector organisations in order to ensure the efficient and effective use of
public resources and to enhance public sector accountability in Hong Kong.
The internal auditor of the HKMA is entrusted with the primary objective of assisting the management
of the HKMA in the effective discharge of its responsibilities and functions. This is achieved through
comprehensive audit coverage sufficient to ensure that the assets and resources of the HKMA are
appropriately safeguarded and accounted for, and that established procedures and guidelines are
adhered to. The internal auditor assesses and reports on the effectiveness of the financial and
accounting systems as well as the management reporting system.
4.1.3.4 Payment
Payments for transactions are executed through the interbank payment system either on a real-time
basis (RTGS) or through a batch of direct debit and credit transactions generated by the system at
day-end.
Those not directly participating in the interbank payment system have to appoint a settlement bank to
effect the payments arising from their securities transactions.
4.2 Equities
4.2.1 Trading
The demutualisation and merger of SEHK and HKFE and their three associated clearing houses
(HKSCC, HKFE Clearing Corporation Limited and SEHK Options Clearing House Limited) took place
in March 2000 following the enactment of the Exchange and Clearing Houses (Merger) Ordinance.
The new integrated exchange, HKEx, was subsequently listed on its own marketplace on 27 June
2000. To avoid potential conflicts of interest, arrangements were made for the HKEx to be regulated
as a listed issuer directly by the SFC.
Main Board
As at the end of December 2001, there were 756 companies listed on the Main Board with a total
market capitalisation of HKD 3,885.3 billion.
In May 2000, SEHK introduced the Pilot Programme for trading US securities. Accordingly, Nasdaq
and SEHK signed an agreement on the exchange of regulatory information. Seven large established
securities listed on Nasdaq were quoted on SEHK initially. Regulation of the Pilot Programme’s
issuers lies with the primary exchange/market and they are admitted to SEHK for trading only. Pilot
Programme shares are traded and settled in HKD, via the Hong Kong trading and clearing system,
following the standard Hong Kong T+2 settlement period.
Derivatives market
The total number of contracts traded in the HKEx derivatives market increased by 13.9% to
10,549,552 in 2001. The average daily volume was 37,872 contracts. The growth was primarily due to
a volatile market.
4.2.1.3 Governance
The governance of SEHK, including its trading systems, is performed by the holding company - the
HKEx. The HKEx board comprises 15 directors, six of whom are shareholders, eight directors
appointed by the government to represent the public interest and one an ex officio member, the chief
executive of the HKEx, who is appointed by the HKEx board with the approval of the SFC.
4.2.1.4 Participation
Exchange participants of SEHK can be either an individual or a corporation. To be eligible as an
individual exchange participant, the applicant must be a holder of a stock exchange trading right, a
registered dealer under the Securities Ordinance, not less than 21 years of age, and born in Hong
Kong or have been a resident of Hong Kong for five years preceding the application. As to a corporate
exchange participant, the applicant must be a holder of a stock exchange trading right, a registered
dealer under the Securities Ordinance and a corporation limited by shares incorporated in Hong Kong.
Detailed qualifications are stipulated in the SEHK rules.
4.2.2 Pre-settlement
Exchange trades: continuous net settlement (CNS) and isolated trades system
Details of all exchange trades, including trade data and trade amendments, are electronically and
automatically transmitted to CCASS by SEHK on each trading (T) day. There is no need for broker
participants to input or further confirm their trade details in CCASS. Broker participants receive
provisional clearing statements of their stock and money positions through their CCASS terminals
shortly after 18:00 on each T day for reconciliation. Final clearing statements are available to broker
participants shortly after 14:00 on T+1 for confirmation purposes.
CNS system
Exchange trades are settled under the CNS system on a netting basis, unless isolated for settlement
under the isolated trades system by the broker participants at the time of the transaction or by HKSCC
for risk management purposes.
Under the CNS system, HKSCC becomes the central counterparty to both the buying and the selling
broker through novation. Acting as the central counterparty, HKSCC provides a form of settlement
guarantee.
The stock transactions of a broker participant in the same security and on the same day are offset
against each other, resulting in a single net stock position for the day. Any outstanding unsettled net
stock positions of a broker participant at the end of a settlement day are carried forward to the next
settlement day and continuously netted against any opposite stock positions due for settlement in the
same security.
Non-exchange trades: settlement instruction (SI), clearing agency transactions and investor settlement
instruction (ISI)
SI transactions
SIs facilitate broker-custodian transactions, stock borrowing and lending, stock pledging and portfolio
movements. Settlement of SI transactions is conducted on a trade for trade basis. Input of SIs is
required from both participants to effect settlement.
Clearing is effected by CCASS daily automatic batch matching of the details from two corresponding
SIs, including the participants’ identities, the settlement date, stock code, quantity and, if applicable,
the amount of payment. HKSCC facilitates but does not guarantee settlement of SI transactions.
ISI transactions
For transactions between investor participants and broker or custodian participants to be settled in
CCASS, the broker or custodian participants must input ISIs, containing the relevant details required
by HKSCC, into CCASS.
ISI transactions may include investor-intermediary transactions, stock borrowing and lending
transactions, stock pledging transactions and portfolio movement.
Governance
The governance of HKSCC, including its CCASS system, is performed by the holding company - the
HKEx. (For details of the HKEx board, see Section 4.2.1.3.)
Participation
There are six categories of CCASS participant:
1. Broker participant (must be an exchange participant of SEHK and registered dealer under
the Securities Ordinance).
2. Custodian participant (must be an AI under the Banking Ordinance, or a trust company
registered under the Trustee Ordinance, or a registered dealer under the Securities
Ordinance but not an exchange participant of SEHK).
3. Investor participant (must be an individual aged 18 or above, hold a Hong Kong identity card
and not be an undischarged bankrupt or subject to any legal incapacity).
4. Stock lender participant (must have an established stock lending business in Hong Kong in
securities listed on SEHK or have the financial and operational capacity to establish and
operate a stock lending business in Hong Kong and have available a sufficient quantity of
securities listed on the exchange for lending).
5. Stock pledgee participant (must be an AI under the Banking Ordinance or a licensed money
lender under the Money Lenders Ordinance and have an established business in Hong Kong
of lending money to CCASS participants against the security of securities listed on SEHK, or
otherwise have the financial and operational capacity to establish and operate such a
business in Hong Kong).
6. Clearing agency participant (must be a body recognised and regulated in Hong Kong by the
SFC or other similar regulatory organisation or, in an overseas jurisdiction, by a
governmental body or securities regulatory agency or an equivalent authority in respect of its
business of operating a central securities clearing and settlement system and/or a central
securities depository system or similar systems).
All exchange participants of SEHK must become CCASS broker participants by virtue of the SEHK
rules.
Risk management
HKSCC takes the following measures to manage its risk exposures:
(a) Putting securities for which payment has not been confirmed on hold in the settlement
process:
All exchange trades are due for settlement on the second trading day following the
transaction (ie T+2). On T+2, HKSCC collects shares from the accounts of broker
participants with net short stock positions and allocates shares to the accounts of broker
participants with net long stock positions under the CNS system. Money ledgers of
participants are also updated simultaneously. Money settlement by broker participants
through their designated banks is generally confirmed on the morning of T+3.
Securities for which payment has not been confirmed are put on hold on T+2 and broker
participants are not allowed to use or withdraw them. However, a broker participant can
make a cash prepayment to HKSCC, or provide it with a bank guarantee, in order to have
immediate delivery of the securities.
4.2.3 Settlement
The HKMA was established on 1 April 1993 by merging the Office of the Exchange Fund with the
Office of the Commissioner of Banking. The functions and objectives of the HKMA are:
– to maintain currency stability, within the framework of the linked exchange rate system,
through sound management of the Exchange Fund, monetary policy operations and other
means deemed necessary;
– to promote the safety and stability of the banking system through the regulation of banking
business and the business of taking deposits, and the supervision of AIs; and
– to enhance the efficiency, integrity and development of the financial system, particularly
payment and settlement arrangements.
These functions and objectives are generally common to central banks around the world. Unlike many
other central banks, however, the HKMA does not carry out the following functions:
– Banknote issue. This is currently undertaken by three commercial banks: the Hongkong and
Shanghai Banking Corporation Limited, Standard Chartered Bank and the Bank of China.
– Banker to the government. Although the bulk of the fiscal reserves are held by the Exchange
Fund, which is managed by the HKMA, the HKMA does not act as banker to the
government, a function which has been carried out historically by commercial banks.
5.4 Oversight
The oversight of all interbank payment systems, including the CMU, is performed by the HKMA.
Table of contents
List of abbreviations
Introduction
The Italian payment system has changed significantly in recent years in response to European
integration, developments in financial markets and the initiatives of the authorities.
Substantial changes in both the legislative framework and the design of the payment system aimed to:
(i) bring the Italian legal framework into line with the Maastricht Treaty and European regulations;
(ii) strengthen the reliability and efficiency of the Italian payment system; (iii) enhance the efficiency of
financial markets; and (iv) promote the use of new payment instruments.
In line with such objectives, Article 146 of the 1993 Banking Law entrusted the Bank of Italy with
explicit responsibilities directed at promoting the regular operation of the payment system and
fostering its efficiency; the same law envisaged enabling the Bank of Italy to issue specific provisions
in the field of payment systems. As regards securities, the Consolidated Law on Financial
Intermediation (CLFI) established the principle that the management and organisation of regulated
markets are entrepreneurial activities and entrusted the Bank of Italy with surveillance functions on
regulated markets relevant to the conduct of monetary policy. In accordance with the CLFI, the
settlement of securities transactions may be carried out by a private company, except for the final
settlement of the securities cash leg, which, according to the subsequent regulations issued by the
Bank of Italy and Consob enacting the CLFI, must be executed in central bank money. Against this
background, the Bank of Italy no longer acts as central depository for government securities and
Monte Titoli is authorised to operate securities settlement systems. The transposition of the Settlement
Finality Directive into Italian law contributed to safeguarding the stability of the payment system in the
event of a participant’s failure. Recent legislation governing digital signature has laid the foundation for
a wider use of open networks in payment activities.
The Bank of Italy’s action in the area of retail payment systems is in line with the Eurosystem’s
oversight policy, which is currently directed at improving the efficiency of cross-border payments,
defining security requirements for electronic money schemes and following the development of
e-payments and e-commerce. In this framework, the Bank of Italy is involved in verifying the efficiency
of banking payment circuits and instruments as well as monitoring postal payment instruments and the
progress in integrating bank and postal circuits. With a view to enhancing the reliability of cheques and
payment cards, the Bank of Italy implemented the Centrale d’Allarme Interbancaria (CAI), an interbank
database on cheques and payment cards, in June 2002. The CAI contains information on natural and
legal persons subject to cheque-writing bans, on unauthorised, unpaid, lost and stolen cheques, and
on irregular (ie revoked, lost and stolen) payment cards. The Italian banking industry is acting to create
the technical and operating conditions required for increasing the efficiency of cross-border credit
transfers. In order to improve the reliability and efficiency of payment cards, it is also planning to move
from the magnetic stripe to microchip.
As far as interbank payment systems are concerned, in the mid-1990s the Bank of Italy carried out a
far-reaching reform aimed at strengthening the stability and increasing the efficiency of the overall
payment infrastructure. Such a reform remarkably changed the previous clearing and settlement
framework by setting up a new real-time gross settlement system (BI-REL) flanking the net settlement
system (BI-COMP). Payments are channelled into the two systems according to their nature: large-
value transactions are settled on a gross basis through BI-REL, while retail payments are settled on a
net basis through BI-COMP. The direct management of both systems allows the Bank of Italy to
closely monitor the risks inherent in their functioning and ensure open and non-discriminatory access
to these systems. Even though the BI-REL system has proved to be successful in achieving its set
objectives, in recent years technological changes and the new needs of markets and participants have
spurred the Bank of Italy to launch another major project (New BI-REL). This new project is directed at
improving the efficiency, reliability and security of the BI-REL system with the ultimate goal of
strengthening the competitiveness of the Italian marketplace and increasing its openness to foreign
intermediaries, including players from present and future euro area countries.
Substantial improvements in the efficiency and stability of securities settlement have been achieved
with the launch of a new securities gross settlement procedure (Express), which provides for DVP
real-time settlement of both securities and cash legs on a gross-gross basis.
1. Institutional aspects
1
According to Directive 2000/28/EC of 18 March 2000, electronic money institutions, which issue means of payment in the
form of electronic money, are credit institutions.
2
Article 10 states: “Under Article 146 of the 1993 Banking Law, the Bank of Italy shall adopt all the necessary measures to
ensure the integration of the Post Office in payment systems and the interoperability of postal and banking payment
circuits.”
Legislative Decree 210 of 12 April 2001 transposed into Italian law the provisions of Directive
1998/26/EC on “settlement finality”. With regard to designated payment and securities settlement
systems, the decree abolishes the “zero hour rule”, introduces a special regime for guarantees given
to the system and issues provisions to protect the participants which settle securities trades on behalf
of other intermediaries. If insolvency proceedings are initiated, the Bank of Italy is responsible for
collecting all the necessary information and distributing it to all the competent authorities. With regard
to cross-border credit transfers, Directive 1997/5/EC was transposed into Italian law by way of
Legislative Decree 253 of 28 July 2000.
The 1993 Banking Law, which came into force on 1 January 1994, entrusted the Bank of Italy with
explicit responsibilities and powers aimed at promoting the efficiency and reliability of the payment
system (Article 146 on payment systems oversight). This function is performed in accordance with the
Guidelines issued by the ECB.
With regard to the transparency of banking services, the 1993 Banking Law gave the Bank of Italy the
power to control the way in which commercial banks deliver the information they are required to
provide to customers.
Competition is safeguarded by the antitrust law, and the responsibility for preventing restrictive
practices in the banking system is entrusted to the Bank of Italy (see Law 287 of 10 October 1990).
Law 197/1991 enabled the Bank of Italy to supervise the activities of non-banks which operate in the
payment system, including intermediaries which carry out funds transfers via payment cards, in order
to counteract money laundering. The same law limited the use of cash to payments of up to around
EUR 10,000.
In 1994, following the implementation of a European Investment Service Directive, the Italian
parliament instructed the government to enact a CLFI. At that juncture the government took the
opportunity of changing the regulation on issuers of securities on regulated markets with the purpose
of improving the protection of investors and the interests of minority stakeholders.
The CLFI, which came into effect in February 1998, is therefore divided into three main parts: a
regulation on issuers of securities on regulated markets; a regulation on financial intermediaries; and a
regulation on financial markets and the CSD.
The CLFI confirms the private nature, first established by Legislative Decree 415/96, of the
management of financial markets, SSSs and the CSD. Privatisation has been achieved by separating
the management functions, assigned to private companies, from the supervisory functions, assigned
to the public authorities.
In this context, the financial markets have been privatised and financial services, from trading to
settlement, are no longer strictly considered as public services. In order to enhance competition
among financial services, financial markets are now managed by private companies, while settlement
services are being privatised. The privatisation of financial markets and CSDs is specified in the CLFI
(see Articles 61, 80 and 204), while the privatisation of settlement systems, particularly SSSs and
clearing houses, is the result of the establishment of general regulations pursuant to the CLFI (see
Articles 69 and 70).
The legal framework of CSDs has been completed by means of a number of rules on financial
instrument dematerialisation established at the start of economic and monetary union.
Dematerialisation is compulsory for all government bonds, for all private listed securities and for
financial instruments as set out by the Companies and Stock Exchange Commission (Consob) and the
Bank of Italy according to their degree of circulation.
Law 39 of 1 March 2002 transposed into Italian legislation European Directive 2000/46/EC on the
taking-up, pursuit and prudential supervision of the business of electronic money institutions. The law
empowers the Bank of Italy to define prudential supervision requirements regarding the financial
3
stability of ELMIs and oversight requirements for e-money instruments and circuits. The process of
3
Article 55 amends Article 144, paragraph 4 of the 1993 Banking Law, which now states that, pursuant to Article 146 of the
1993 Banking Law, the Bank of Italy issues regulations aimed at enhancing the development of electronic money, ensuring
the reliability of circuits and fostering their smooth functioning.
defining the requirements is currently under way; failure to observe the requirements will be subject to
administrative sanctions.
1.1.2 The process of privatising the securities clearing and settlement systems
The Italian settlement system has long been characterised by fragmentation. In particular, the CSD’s
activities (notably custodial activities) have always been separated from the management of SSSs.
Moreover, the government bond central depository system has been managed by the Bank of Italy
and since 1974 the private securities depository system has been operated by Monte Titoli, a private
company controlled by the Bank of Italy. The SSS has always been operated by the Bank of Italy. The
implementation of the CLFI provided an opportunity to reorganise and privatise the securities clearing
and settlement systems; in issuing the relevant regulations, the Bank of Italy and Consob maintained
the provision requiring the securities cash leg in euros to be settled in central bank money. Pursuant to
a provision of the CLFI, the Bank of Italy’s share in Monte Titoli was sold in December 2000. Monte
Titoli is developing a project for a new netting system to be implemented in the course of 2003, which
should replace the securities net settlement procedure (LDT) (see Section 4.2.1).
Three different legislative provisions define the legal principles for the entire settlement system, which
consists of an SSS, a CSD and clearing houses for derivative instruments.
SSSs are now governed by a general regulation issued by the Bank of Italy, in agreement with
Consob (see the legal provision of 8 September 2000 on the clearing and settlement of transactions in
non-derivative financial instruments under Article 69 of the CLFI). This regulation lays down the
general framework and the conditions under which SSS activities can be managed by a private
company.
The CSD’s activities are governed by a regulation issued by Consob and the Bank of Italy (see
Consob Regulation 11768/98) which defines the members, instruments and the company’s
instrument-related activities.
The activities of derivatives clearing houses are now governed by a general regulation issued by the
Bank of Italy, in agreement with Consob (see the legal provision of 8 September 2000 on the clearing
and guarantee of transactions in derivative financial instruments under Article 70 of the CLFI). The
regulation states that the company must have a minimum level of capital and must adopt measures of
risk containment such as the collection of margins. A more complete and specific regulation on central
counterparty clearing of cash and derivative financial instruments will be issued by the Bank of Italy in
agreement with Consob. This forthcoming regulation will lay down the general framework for
guaranteeing transactions in financial instruments and replace the legal provision of 8 September
2000 on derivatives.
4
Italian government bonds are also traded on Euro-MTS - the wholesale market for European benchmark government bonds
managed by EuroMTS Ltd.
ensure its stability as well as to minimise coordination failures which may lead to inefficiencies.
Consequently, the role of the Bank of Italy in the payment system is to ensure the smooth functioning
of the system in terms of its efficiency and financial reliability.
As mentioned above, the oversight function is officially assigned to the Bank of Italy by virtue of Article
146 of the Banking Law, which states that the “Bank of Italy shall promote the regular operation of
payment systems. For this purpose, it may issue regulations to ensure the efficiency and reliability of
clearing and payment systems”.
According to the institutional arrangements for the Eurosystem’s oversight functions, the Bank of Italy
is the principal overseer of domestic payment systems in those areas not specifically covered by the
common oversight policy, namely retail payment systems, within the framework of the objectives and
core principles defined at the Eurosystem level.
The oversight activities of the Bank of Italy can be performed autonomously and/or in cooperation with
other authorities or private bodies playing an institutional role within the payment system.
The Bank of Italy divulges its policy stance concerning oversight through a full disclosure of its plans
and methods of intervention to operators. Accordingly, in November 1999 it published the “White
Paper on Payment System Oversight”. This document sums up the economic rationale, the scope of
application, the main areas of interest and the instruments currently employed by the Bank of Italy in
its capacity as an oversight authority.
A project has been initiated to regulate this function; this project envisages the establishment of rules
by the overseer pursuant to Article 146 of the 1993 Banking Law. In particular, this activity should
define:
(i) the objectives with regard to the efficiency and reliability of payment systems, technical
infrastructures and instruments;
(ii) the areas of interest, by specifying the system activities and requirements as well as the
rules governing the operation of infrastructures (specific provisions refer to relevant
infrastructures);
(iii) the oversight powers and responsibilities, among which those concerning ex ante and ex
post information and control over the expected behaviours.
5
The database sections containing information on payment cards will be implemented at the end of 2002.
6
In the past, legislation did not provide for system-wide prohibition, but only for the right of the drawer’s bank to revoke the
drawer's right to issue cheques in the event of a protest or an equivalent statement for cheques drawn against insufficient
funds. This procedure, which is still valid, consists of a legal statement lodged by a notary or other public officer certifying
the non-payment of cheques. It permits the holder of the cheque to take action against the endorsers and their guarantors in
order to recover the funds.
system overseer and banking and financial supervisor, the Bank of Italy published a “Decalogue” with
instructions for operators to prevent money laundering to be applied also to innovative payment
instruments, such as e-money.
In accordance with Law 287/90, the Bank of Italy performs the role of antitrust authority for the banking
sector (see Article 20). In this connection, the overseer analyses the payment systems market open to
customers and provides the necessary support for any enquiries concerning antitrust issues with
regard to payment instruments.
In cooperation with its supervision departments, the overseer examines customers’ complaints about
instruments and payment systems with the aim of assessing whether the complaints actually indicate
inefficiencies in the payment system (regardless of the outcome of specific disputes).
7
In early 2001, the Bank of Italy informed the market of its policy concerns over e-money. Operators
were asked to communicate in advance the characteristics of their various projects to the Bank of Italy
following the requirements set out in the 1998 ECB report on e-money. In particular, the overseer is
interested in information concerning the integrity of the circuit, the efficiency of coordination
mechanisms and technical security.
The transposition of the Directive on electronic money institutions empowers the Bank of Italy as
oversight authority to issue provisions to guarantee the reliability of e-money schemes and the regular
operation of circuits. The new Italian legal framework for e-money schemes takes into account the
following factors: (i) the growing number of software-based e-money schemes for retail payments
carried out via the internet, which to a great extent involve non-financial institutions; (ii) the widespread
diffusion of technology and standards for smartcards, both payment and telephone cards, which are
raising new concerns over the security, efficiency and transparency of payment instruments in open
networks; and (iii) the ongoing work of the Eurosystem to strengthen the security requirements of each
scheme and regulate the interoperability standards in order to improve compliance with requirements
3 and 4 of the ECB report on e-money concerning technical security and protection against criminal
abuse.
Legislative Decree 253 of 28 July 2000 - transposing Directive 1997/5/EC on cross-border credit
transfers - is a fundamental point of reference with regard to information and customer protection
(particularly concerning arrangements for resolving disputes), together with the ECB documents on
Improving cross-border retail payment services. Criteria and principles derived from the above-
mentioned documents will be transposed into new rules in order to improve the efficiency of the retail
payment system.
In 1997, Italy became the first country in Europe to consider digital signature as legally binding as
handwritten signature (see Presidential Decree 513 of 10 November). The Bank of Italy committed
itself to fostering the full interoperability of certificates, which is essential to prevent any loss or
damage on the part of customers - in terms of costs and services - due to a lack of coordination
among operators. Such interoperability, which is not automatically guaranteed by law, gives rise to the
need for a definition of a technical profile for the banking community.
The technical rules governing electronic identity cards were established by Prime Ministerial Decree
437 of October 1999. Pursuant to Legislative Decree 10 of January 2002, transposing Directive
1999/93/EC on electronic signature, the Bank of Italy, in particular in its oversight capacity, gives an
opinion as to when an electronic identity card is supposed to be used for payment purposes.
In the course of 2000 the monitoring of retail payment instruments was launched; particular attention
was paid to cheques and credit transfers with the aim of protecting consumers. In March 2001 a new
survey (involving commercial banks) was carried out by the overseer on execution time and the pricing
of cheques, with specific regard to execution times for domestic credit transfers of less than around
EUR 50,000 (see Sections 2.2.1 and 2.2.2).
Since “quasi-clearing and settlement systems” have recently emerged, the overseer has assessed one
of these systems, which manages the retail payments of cooperative banks, with regard to:
7
In line with the Eurosystem’s oversight policy stance, the oversight activity on e-money is based on the 1998 ECB report
and takes into consideration Recommendation 97/489/EC on the transparency of electronic payment instruments. These
guiding principles will be considered when the law on ELMIs is enacted by secondary legislation for oversight purposes.
(i) conditions for transactions; (ii) risk management procedures; (iii) the obligations/liabilities of the
parties involved; and (iv) the means of settling disputes.
In December 2001 the Bank of Italy performed a self-assessment of the transparency practices
relating to payment system oversight on the basis of the IMF Code of Good Practices on
Transparency of Monetary and Financial Policies (MFP) (July 2000). The main goal of the assessment
was to verify that the oversight policies and practices are presented to the public in an understandable
and accessible form and on a timely basis. Since the Italian oversight function is performed within the
framework of the European oversight policies and guidelines, the exercise contributed to the
Eurosystem’s assessment of compliance with internationally recognised standards and codes.
BI-REL system; this proves the pivotal role played by the systems operated by the Bank of Italy within
the overall Italian payment infrastructure.
On completion of this process of change, the Bank of Italy will no longer act as manager of the
securities clearing and settlement procedure. It will, however, remain responsible for both BI-REL and
BI-COMP. In addition to the daily management of these two systems, the Bank is charged with
monitoring their functioning and ensuring their efficiency, reliability and stability. In doing so, it
observes the standards laid down by the BIS and the ECB and sets out its policy in conformity with
these standards and international best practices. Following the approval of the Core Principles for
Systemically Important Payment Systems by the Governors of the G10 central banks, the Bank of Italy
carried out an IMF ROSC exercise which showed that BI-REL was compliant with the Core Principles.
The Bank also conducted an analysis to assess the risks associated with BI-COMP; the findings were
that this system should not be regarded as systemically important and that it is in any case compliant
with most of the Core Principles.
In recent years great importance has been attached to improving the efficiency of the two systems by
introducing new technology for routing payments and by further increasing their accessibility to foreign
intermediaries (see Section 3.2.8). The introduction of the euro and the resulting boost to the
integration of European financial markets led the Bank of Italy to reassess the range of financial
services it traditionally offered to its foreign correspondents, primarily non-euro area financial
institutions. Among these services, the Bank of Italy provides a gateway for correspondents to access
TARGET and is about to develop a number of services related to cash management, the investment of
reserves, securities custody and portfolio management.
launched given the convergence of network systems towards internet protocols. At the beginning of
2000 the Bank of Italy completed the disposal of its stake in the SIA, which in 1999 had merged with
CED-Borsa (a software company which manages stock exchange trading systems), thereby
integrating the management of IT systems in market and settlement systems.
8
EPOP is one of the most important innovations in government accounting. It represents the practical implementation of the
automation of spending procedures set out in Presidential Decree 367 of 20 April 1994. In value terms, most of the orders
settled in cash are for less than EUR 516; on the whole, the large majority of payment orders are for less than EUR 25,823.
9
Including RIBA, transactions per capita amount to 48 (see footnote 13).
10
Banca d’Italia, Italian Household Budgets in 2000, Supplement to the Statistical Bulletin, Rome, 18 January 2002.
11
non-cash payments; however, in recent years the number and use of payment cards have been
increasing (see Section 2.2.4).
11
Payments performed using bank and non-bank cards.
12
The banker’s draft is drawn by a bank and is similar to the traveller’s cheque. It is issued solely by specially authorised
banks for amounts deposited in cash at the time of issue or debited to the applicant’s account. In 2000, banker’s drafts
represented 16% of all cheques, totalling ITL 544 trillion (EUR 281 billion), as against 26% and ITL 521 trillion
(EUR 269 billion) in 1994.
- a procedure for low-value cheques (up to EUR 2,582) and banker’s drafts (up to
EUR 10,329).
Low-value cheques and banker’s drafts (around 80% of all cheques processed) are handled through a
truncation procedure, implemented in 1990, which replaces physical delivery with electronic interbank
messages. Data on low-value truncated cheques are conveyed through the RNI at night (day T) and
the cheques are settled through the clearing system the following day (T+1). Unpaid cheques must be
notified within the following three days (T+4). In July 1999 the Post Office also adopted this procedure
for postal cheques.
Despite these improvements, the time it takes for banks to credit funds to their customers remains
significantly longer than should be needed following the reorganisation of the interbank circuit. The
large number of days required for funds to be available on customers’ current accounts remains a
critical concern with regard to cheque payment services in Italy. Hence, cheques are still perceived as
a risky means of payment involving higher levels of administrative costs and more implicit pricing than
other non-cash payment instruments.
A survey was conducted in March 2001 on the cost of cheques and the time taken to credit them; the
survey covered the entire Italian banking system. The average number of days required for funds to be
available on customers’ current accounts was approximately seven working days, or 10 days including
the finality of the transaction. The charge implicit in the value date averaged four days, with differences
between banks ranging from two to six days. This service could be improved upon both by
reconsidering the conditions being applied and by introducing clear charging mechanisms.
Debit cards
At the end of 2000 there were 21 million debit cards in circulation which could be used to execute both
payments and cash withdrawals through a nationwide network of POS terminals and ATMs.
ATM transactions are processed through the retail subsystem and settled through BI-COMP.
13
Until 1999, country statistics included RIBA in "Other items".
The use of debit cards for withdrawals at ATMs is widespread and growing rapidly. In 2000,
528 million withdrawals (25 per card) were executed compared with approximately 100 million in 1990.
The share of ATM transactions grew from 50% of overall cash withdrawals in the banking system in
1990 to 73% in 2000.
The use of debit cards at POS terminals is expanding rapidly. In 2000 over 317 million such
transactions were effected compared with 5 million in 1990, thus representing an average annual
growth of 47% over the last decade. The number of transactions per card rose from 3.9 in 1990 to
15.7 in 2000. PagoBancomat is the major nationwide debit card network (around 90% of domestic
debit cards in circulation). At the end of 2000 the PagoBancomat trademark was shared by some
675 banks acting in close liaison; they can compete in offering payment services to their own
customers, cardholders and retailers. The main features of this system are as follows: (i) the provision
of a common infrastructure; and (ii) a single trademark and a common set of rules and standards
established by the ABI and the Convention for the Management of the Bancomat Trademark
(CO.GE.BAN), which are responsible for organising and operating network facilities.
Credit cards
Credit cards are not widely used in Italy in comparison with other European countries; however, in
recent years growing competition among suppliers of payment services and changing consumer habits
have led to an increase in both the number of credit cards and their usage. At the end of 2000,
17 million credit cards issued either by banks or by non-bank companies (travel and entertainment
cards) were in circulation, as against 4.5 million in 1990. Nevertheless, in 2000 only 55% of credit
cards in circulation were used at least once over the year. In the same year, the number of credit card
operations totalled 272 million, or 16 operations per card in circulation.
A more widespread use of credit cards is still being hampered by ATM cash withdrawals and gaps in
services in various parts of Italy. In 2000 the value of ATM cash withdrawals as a share of GDP per
capita represented around 7.7% compared with 2.2% for credit card expenditures. Moreover, the
percentage of credit card transactions performed in southern Italy is almost half that of northern Italy;
the same discrepancy was noted in 1990.
In the area of credit cards there are two main initiatives. Since 1968, a single bank has been able to
issue a card linked to the Visa circuit. Since 1985, it has been possible for cards to be issued on a
cooperative basis by Servizi Interbancari, a company owned by approximately 140 shareholders, most
of which are banks. Around 800 banks are currently taking part in the latter scheme, which represents
the major nationwide credit card network (in both the issuer’s and the acquirer’s market) and is linked
to both Visa and MasterCard. In recent years, a number of individual banks have launched proprietary
cards directly linked to international circuits. Travel and entertainment cards are issued by American
Express and Diners Club.
14
The “charge-back” facility is the technical term used by international card schemes to describe the refund process involved
in respect of a transaction carried out using a card following the violation of a rule.
15
Charge-backs are declining due to improvements in the administrative and technical procedures (eg better e-merchant
selection, use of pseudo card numbers and card verification value).
According to a study carried out by the Bank of Italy, in February 2000 fewer than 130 banks were
offering their customers payment services through the internet. In relation to the overall supply of
banking services via the network, which consisted mainly in securities trading on behalf of customers,
payment system operations accounted for around 13% in value and 21% in volume.
16
In the first half of 2001, Italian banks completed the assignment of international bank account numbers (IBAN) to customers.
envisage common standards and a maximum time limit for the execution of payments. In addition,
greater use of the clearing and settlement system operated by the Bank of Italy was promoted.
The second reform, introduced in the mid-1990s, was directed, above all, at minimising systemic risks
in an environment characterised by a substantial rise in the volume of transactions, which were mainly
settled on a net basis. This objective was pursued through the implementation of the two specialised
systems: BI-REL for large-value payments and BI-COMP for retail transactions. Both systems are
managed directly by the Bank of Italy. The distinction between retail and large-value payments is not
based on the value but on the operating procedures with which the transactions are handled;
payments using the same operating procedure are all settled in the same circuit. Following the start of
monetary union, BI-REL became the domestic component of TARGET.
In the light of these reforms, interbank payments settled in central bank money increased significantly
from six times GDP in 1988 to 40 times GDP in 1998. Following the start of EMU, the reduction in
foreign exchange transactions has led to a fall in interbank payments compared with the previous
year. In 2001, interbank payments were 33 times GDP. In the same year, transactions settled on a
gross basis accounted for 88% of total payments.
The Italian clearing and settlement system is currently characterised by high levels of reliability and
efficiency ensured by widespread automation. A crucial role in payment processing has been played
by the RNI, which provides the technical infrastructure for the exchange of accounting information
relating to payments carried out by banks amongst themselves and between themselves and the Bank
of Italy. Open, flexible and non-discriminatory access to the systems fosters a high level of competition
among intermediaries. Particular attention has been paid to promoting the participation of foreign
intermediaries in the Italian payment system. To this end, access to BI-REL on a remote basis through
the use of the SWIFT standard was implemented in November 2000.
The increase in competition between financial centres in the euro area and advances in technology
have spurred the Bank of Italy to undertake an important project (New BI-REL) to further improve the
efficiency of the BI-REL system, thus strengthening the competitiveness of the Italian marketplace and
meeting users’ needs. To this end, new facilities will be introduced which will allow participants to have
services tailored to their needs. Further opening of the system to foreign participants will be achieved
through the migration of domestic and cross-border transactions to the SWIFT network and the
adoption of internet technology. The new system will be implemented gradually, and its launch is
scheduled for June 2003 (see Section 3.2.8).
As regards retail payments, planned changes are directed at improving the efficiency of payment
instruments in terms of both charges and speed of execution. In this respect, the possibility of settling
payments on a same day basis is under analysis.
the reserve account on the basis of the liquidity available (both voluntary reserves and minimum
reserves), then the overdraft account. The crediting of payments is carried out in the reverse order.
According to the harmonisation principles laid down for TARGET, intraday liquidity - which is unlimited
but fully collateralised - is provided by the Bank of Italy free of charge; remote participants are not
eligible for intraday liquidity, nor do they have access to the marginal lending facilities. With a view to
improving the efficiency of banks by using intraday liquidity, banks can transfer securities in real time
from their centralised securities accounts to the Bank of Italy’s securities account at Monte Titoli.
Another important facility which contributes to increasing the system’s overall efficiency is the queuing
mechanism for payments temporarily without cover. It has been designed to enhance the flexibility of
the system by relieving banks of the need to re-enter payments into the system. Payments entered
into the system are channelled according to an order of priority automatically determined by BI-REL:
high priority is given to clearing balances, transactions with the Bank of Italy and other NCBs or the
ECB, and operations by the Bank of Italy (such as monetary policy operations, the cash leg of
securities transactions and multilateral balances generated by BI-COMP); medium priority is given to
transactions on e-MID; and ordinary priority is given to other interbank payments. Within the order of
priorities, payments are executed on a first in, first out (FIFO) basis. At the end of the day, the first
available, first out (FAFO) mechanism is activated automatically a few minutes before the cancellation
of queued payments, in order to minimise the number of payments deleted (see Section 3.2.4).
BI-REL allows intermediaries to have information on queued payments. The information given to a
participant on its debit positions in the queue is detailed (in chronological order, stating the amount
and the counterparty, etc) so as to allow for the correct scheduling of transfers. With regard to
incoming payments, the recipient bank is currently allowed to see only the total amount and the
number of payments.
The BI-REL system uses the RNI. As from November 2000 it has also been possible to access BI-REL
via SWIFT, which links the system participants directly to the Bank of Italy. With a view to ensuring the
exchange of payments among intermediaries who use different systems (for instance, the originator
uses SWIFT and the recipient uses the RNI or vice versa), BI-REL provides a SWIFT-RNI protocol
conversion service free of charge. With the start of the upgraded system (New BI-REL), the new
SWIFTNet network based on the TCP/IP transmission protocol will be used (see Section 3.2.8).
(ix) cross-border transactions via TARGET, including the multilateral balances denominated in euros
stemming from the Continuous Linked Settlement system (CLS).
3.2.7 Pricing
In accordance with the principle established at the Eurosystem level, BI-REL’s pricing policy aims to
cover the cost of services offered. The fees charged consist of an annual fee of EUR 1,500 and a
transaction fee of EUR 0.50 for electronic domestic payments (EUR 12 for paper instructions). For
cross-border payments, fees are those established at the European level for TARGET. Transaction
fees are charged to the sending bank.
the two banks involved, or both, participate in other RTGS systems (cross-border payments), the
e-MID system sends payment notices to the bank which is obliged to pay and the latter has to forward
the payment to its RTGS system (semi-automatic settlement model).
Four different types of contracts can currently be traded on e-MID: overnight, tomorrow next, spot next
and time deposits. Four fifths of funds are negotiated overnight and the interest rate on this maturity is
strictly correlated to the EONIA. Participants may display bid and offer quotes. When an application is
received for a bid quote (request of funds), the contract is automatically executed, while an application
for an ask quote may be rejected by the bank offering funds. In addition, e-MID SpA has developed
e-MIDER, the electronic market for EONIA swaps, and provides its members access to the MTS repo
platform.
The electronic trading platform which supports the market offers important advantages in terms of
transparency and efficiency: at any time each participant can view all the current buy and sell
proposals. Thanks to its high liquidity, bid-ask spreads are very narrow, especially on the most liquid
maturities.
the balances of both the retail subsystem and the local clearing subsystem. The multilateral balance is
eventually settled in BI-REL.
4.1 Trading
shareholders include banks, investment funds, issuers and other market players. The stock market
company provides for the organisation and smooth functioning of the market; it also ensures that
companies and intermediaries comply with entry requirements and that operators comply with market
rules. It carries out market surveillance and organises company announcements.
The Italian Stock Exchange runs various markets: the stock market (MTA); the Mercato Ristretto
(restricted market), where ordinary, preference and saving shares, convertible bonds, issue rights,
warrants, covered warrants and closed-end funds are traded; the new market for shares of high-
growth companies; the market for equity derivatives (IDEM) for futures and options on relevant indices
and stocks; the Italian futures market (MIF), for futures contracts on government securities, interest
rates and options; the retail government and corporate bond market (MOT); and the market for
traditional options on equities (MPR).
Since July 1994, shares, warrants, options and convertible bonds quoted on the Italian Stock
Exchange have been traded in an electronic trading system. This system consists of a computer
network which matches up supply and demand for financial instruments.
In the course of 2000, the main developments in the Italian Stock Exchange were the introduction of
EuroMOT, a new regulated market organised and managed by Borsa Italiana and specifically
designed for eurobonds, foreign bonds and asset-backed securities. In May 2000 Borsa Italiana
introduced “Trading After Hours”, a regulated market aimed at satisfying the demand for trading after
the market’s normal closing times. In June 2000 the Italian Stock Exchange launched a new
derivatives contract, the mini-FIB, the first IDEM product aimed primarily at private retail investors. It is
a derivatives contract on the MIB 30 index (the top 30 blue-chip index) one fifth the size of the existing
MIB 30 futures contract (FIB 30).
4.2 Clearing
- stock exchange transactions in equities, corporate bonds and Italian government securities;
and
- outright and repo transactions in listed and unlisted securities carried out over the counter.
Bilateral net positions, once they are matched and corrected by the daily matching correction system
(RRG), are automatically sent to the LDT procedure, which determines for each participant a
multilateral balance for all types of securities handled and a single cash balance. At 8 am on the
settlement day, the securities and cash positions are notified to participants. Until 12.30 pm
participants can manage uncovered securities balances by means of transfers between accounts at
the CSD. By the same deadline, it is also possible to reduce the multilateral securities balance by
concluding assignments. The assignment procedure allows intermediaries with a securities shortfall to
postpone delivery thanks to agreements with intermediaries which have creditor balances. Participants
with a securities debtor balance which invoke the assignment procedure are required to pay a penalty
for each type of security not delivered; the penalty consists of: (i) EUR 200 to defray expenses; and (ii)
a surety deposit equal to 20% of the value of the undelivered securities. The surety deposit is fully
redeemable upon delivery of the security within three trading days; otherwise a share of the deposit is
subtracted therefrom.
At 12.30 pm securities balances are settled through book entries at Monte Titoli (see Section 1.3.5)
and cash balances are automatically debited from participants’ accounts with the Bank of Italy. The
settlement mechanism provides a high level of protection against risks by complying with the DVP
principle. In fact, the cash and securities credit balances are not processed until all debit balances
have been posted.
Transactions concluded on regulated markets are settled on a rolling basis (T+3 for outright
transactions and T+2 for repos, while those concluded on the OTC market are settled as agreed
between the parties). In 1999 the possibility of settling with the same day value (T+0) was introduced
for repo transactions in government securities (so-called overnight repos). Such a facility allows those
intermediaries which have to deliver a specific government security to cover their position before the
LDT procedure begins.
In the second half of 2003, the LDT procedure will be replaced by a new securities clearing settlement
system operating on a net basis (Express II) and managed by Monte Titoli (see Section 4.3.2).
Institutional aspects
The general regulation issued by the Bank of Italy, in agreement with Consob (see the legal provision
of 5 November 2002 on the clearing and guarantee of transactions in financial instruments -
derivatives and non-derivatives - under Articles 68, 69 (paragraph 2) and 70 of the CLFI), defines a
general framework for guarantee systems for financial instrument transactions; this includes both the
provision of central counterparty services and the management of guarantee funds.
The Bank of Italy and Consob approve the operational rules laid down by the companies managing
these systems only after having verified that:
- the companies fulfil certain requirements (minimum level of capital, accounting and
organisational segregation rules); and
- operational rules laid down by the companies comply with the regulations issued by the
authorities and are likely to ensure the efficiency, soundness and stability of the system.
There is no specific authorisation for clearing houses and there is no approval of the appointment of
clearing house managers. Central counterparty services can be provided for both securities and
derivatives transactions.
The CCG’s risk management procedure is mainly based on margins. There are also capital adequacy
requirements for members. As far as margin requirements are concerned, the CCG uses the
Theoretical Intermarket Margin System (TIMS) developed by the Options Clearing Corporation (OCC).
The CCG monitors clearing members’ positions on a real-time basis to assess exposure. Intraday
margins may be requested; as part of the constant monitoring of clearing members’ positions,
additional intraday margins may be requested by the CCG where it considers the risk exposure of a
clearing member to be too high.
4.3 Settlement
Institutional aspects
Security settlement systems are now governed by a general regulation issued by the Bank of Italy in
agreement with Consob (see the legal provision of 8 September 2000 on the clearing and settlement
of transactions in non-derivative instruments under Article 69 of the CLFI).
The new regulation identifies the categories of direct participants and the general management criteria
for the settlement of securities. Specific risk management measures must be adopted, such as
intraday finality, a queuing mechanism, a reduction in the time elapsing between the collection of data
regarding transactions and settlement, minimum requirements in terms of risk containment and the
finality of transactions settled. Moreover, operating hours must be consistent with those of BI-REL.
Operational aspects
According to the general regulation on securities settlement systems mentioned above, Express
participants are banks, investment firms, the Bank of Italy, CSDs, SSSs, clearing houses and other
minor entities.
As part of the Express procedure, securities are settled in participants’ accounts at Monte Titoli,
whereas cash is settled in the participants’ accounts in BI-REL. The system benefits from the intraday
credit mechanism used by BI-REL. The Express procedure offers a DVP intraday finality facility and, in
order to be able to provide a straight through processing service, it is connected to the RRG-REL, a
matching system developed by SIA.
The settlement procedure of the securities leg consists of the following steps:
- Express receives matched transactions from the RRG-REL and gives a reference number to
each of them;
- for every transaction, Express checks the securities account balance of the seller, reserves
the securities and sends information to BI-REL for the cash settlement; and
- if the securities are not available on the seller’s account, Express starts the queue
management process. Queued transactions are periodically processed in the following order
of priority: monetary policy operations; priority input by the intermediary; matching time
(FIFO); and stockbuilding on the seller’s securities account (FAFO).
The settlement stages of the cash leg are as follows:
- BI-REL checks the cash account balance of the buyer, settles the cash leg and sends
information to Express, which settles the securities leg using the reserved securities;
- if funds are not available in the cash account, payments are queued.
As far as indirect cash settlement is concerned, participants in Monte Titoli are allowed to settle their
cash positions by means of a settling bank; Express offers cap management mechanisms to settling
banks in order to keep their funds exposure under control.
The management of collateral for each intermediary is carried out by the Bank of Italy and consists in:
(i) evaluating securities; (ii) applying the initial margin; and (iii) verifying collateral adequacy on a daily
basis.
Table of contents
List of abbreviations
1
The abbreviation of the Foreign Exchange Yen Clearing System has been changed from FEYCS to FXYCS.
Introduction
There are four major payment systems for clearing and settling interbank payments in Japan - three
clearing systems in the private sector and a funds transfer system operated by the central bank. The
three clearing systems are: the Zengin Data Telecommunication System (Zengin System), which
clears retail credit transfers; the Foreign Exchange Yen Clearing System (FXYCS), which clears
mainly yen legs of foreign exchange transactions; and bill and cheque clearing systems (BCCSs),
which clear bills and cheques presented at regional clearing houses. The BOJ-NET Funds Transfer
System is the central bank’s funds transfer system and is used to settle interbank obligations including
net obligations of participants in the private sector clearing systems.
There have been several notable developments in the respective payment systems in this decade.
Both the Zengin System and the FXYCS have introduced countermeasures against credit and liquidity
risks involved in clearing and settlement procedures, and the Bank of Japan Financial Network System
(BOJ-NET) introduced a new real-time gross settlement (RTGS) system in 2001.
Concerning securities settlement systems, the Bank of Japan serves as the central securities
depository (CSD) for Japanese government bonds (JGBs), and the Japan Securities Depository
Centre (JASDEC) is the CSD for stocks. A number of registrars and the Japan Bond Settlement
Network (JB Net) make up the settlement system for corporate and other bonds. Delivery versus
payment (DVP) has been available for JGBs, corporate and other bonds, and exchange-traded stocks.
In recent years, reform of the securities settlement systems has been proceeding and significant and
wide-ranging progress has been made. In terms of the legal framework, a new law was enacted in
2002 enabling the dematerialisation of JGBs, corporate and other bonds, and commercial paper (CP)
from 2003. JGBs and CP are scheduled to be settled through new book-entry systems that will
operate under the new law from 2003. DVP will also be achieved for CP in the new book-entry system.
A unified central counterparty (CCP) for exchange-traded stocks will start operation in 2003, and the
introduction of a DVP mechanism for stocks traded outside the exchanges in 2004 has been agreed
among the relevant parties. In addition, the use of trade or pre-settlement confirmation systems is
expected to become available for broader types of securities.
In retail payments, the predominance of cash for small-value payments and the almost complete
absence of cheque use by individuals are the prominent features that distinguish payment practices in
Japan. Electronic funds transfers, including services such as prearranged direct debits for the payment
of utility bills and direct credits for the payment of payrolls, are widely used by both firms and
individuals. Credit cards are commonly used while the use of electronic money and debit cards is very
limited. Postal accounts and postal giro services provided by the government-run Post Office are also
popular.
With regard to access channels for various retail payment services, new channels such as the internet
and mobile phones, as well as existing channels such as bank windows and automated teller
machines (ATMs), are used. Convenience stores have also become popular locations for paying utility
bills.
1. Institutional aspects
JGBs. The Minister of Justice is also responsible for the legal rules governing the book-entry transfer
of securities, because these rules constitute a part of civil and commercial law.
The Bank of Japan Law stipulates that, in addition to regular business prescribed by Article 33, such
as deposit taking and funds transfers (the basic business component of the BOJ-NET Funds Transfer
System), the Bank may, upon receiving authorisation from the Prime Minister and the Minister of
Finance, conduct business (carried out in conjunction with its prescribed regular business) that
contributes to the smooth settlement of funds. This includes operation of the FXYCS and the JGB
Book-entry System. In addition, the Bank oversees the payment and settlement systems in the private
sector to achieve its objective, as stipulated in Article 1 of the Bank of Japan Law, namely “to ensure
smooth settlement of funds among banks and other financial institutions, thereby contributing to the
maintenance of an orderly financial system”.
While operators of the private sector clearing systems for interbank payments (ie bankers’
associations) are subject to supervision as public interest incorporated associations under the Civil
Code, institutions related to securities settlement such as CCPs, CSDs and stock exchanges are
2
regulated and supervised by the relevant ministers such as the Prime Minister.
2
The legal framework for regulation and supervision of CCPs for securities trades and CSDs for debt securities will be
introduced in January 2003 pursuant to the relevant laws.
3
The 2,000 yen note, first issued in July 2000, has already incorporated more advanced anti-counterfeiting features than the
current 10,000 yen, 5,000 yen and 1,000 yen notes.
experiencing liquidity constraints, in its role as the lender of last resort, under Articles 33, 37 and 38 of
the Bank of Japan Law.
1.2.3 Oversight
Major private clearing systems play an important role in Japan’s overall payment system. For instance,
while the daily average of transactions settled in the BOJ-NET Funds Transfer System was
JPY 77 trillion (USD 634 billion) in 2001, the value of transactions handled by the FXYCS and the
Zengin System averaged JPY 28 trillion (USD 230 billion) and JPY 10 trillion (USD 82 billion)
respectively.
In view of the systemic importance of the major clearing systems, the Bank of Japan recognises that
activities which it conducts in its capacity as overseer of the nation’s payment and settlement systems
are essential for promoting their safety and efficiency. The Bank also oversees securities settlement
systems as a whole, paying particular attention to their funds clearing aspects, not only because of the
close relationship between these and payment systems but also because of their size in both volume
and value terms. These securities settlement systems include CCPs, CSDs and other related
arrangements for securities settlement.
To ensure the safety and efficiency of Japan’s payment and settlement systems, the Bank of Japan
collects and analyses relevant information including statistical data, reviews and assesses the design
and operation of each system, and encourages improvements in payment and settlement systems.
The Bank of Japan, where necessary and appropriate, makes changes to the BOJ-NET to facilitate
improvements in these systems.
The Bank of Japan currently oversees the payment and settlement systems in the private sector,
based on the international standards set forth in the Core Principles for Systemically Important
Payment Systems by the Committee on Payment and Settlement Systems (CPSS) of the central
banks of the Group of Ten countries, and in the Recommendations for Securities Settlement Systems
by the CPSS and the Technical Committee of the International Organization of Securities
Commissions (IOSCO), both of which were made public in 2001. In addition, the Bank participates in
central banks’ cooperative oversight activities where relevant for the safe and efficient settlement of
the currency it issues.
In recent years, for example, as part of its oversight activities the Bank of Japan encouraged the
FXYCS and the Zengin System to introduce the necessary risk reduction measures on the basis of the
4
Lamfalussy Standards (see Section 3). The Bank also encouraged the introduction of a DVP
mechanism for transactions involving corporate and other bonds as well as exchange-traded stocks,
5
based on the Group of Thirty’s 1989 standards (see Section 4).
The major policies and role of the Bank of Japan with respect to oversight are explained in “The role of
the Bank of Japan in payment and settlement systems”, published in 2002.
4
Report of the Committee on Interbank Netting Schemes of the central banks of the Group of Ten countries, BIS, 1990.
5
Clearance and settlement systems in the world’s securities markets, Group of Thirty, 1989.
1.3.1.1 Banks
As well as offering a variety of payment services, banks, together with bankers’ associations,
cooperate in establishing and managing interbank clearing systems such as BCCSs, the Zengin
System and the FXYCS. Also, to meet strong public demand for cash from depositors, banks provide
a nationwide network of automated teller machines (ATMs). In addition, banks provide direct debit and
direct credit services, and issue debit cards.
There were seven city banks, 64 regional banks, 56 member banks of the Second Association of
Regional Banks, 73 branches of foreign banks in Japan, two long-term credit banks, 29 trust banks,
7
621 financial institutions serving mainly small businesses and individuals, and 1,697 financial
8
institutions serving mainly the agriculture and fisheries sector in Japan as of April 2002.
6
With the approval of the government, the Bank of Japan makes agency contracts with financial institutions, allowing
designated branches of these institutions to act as its agents for the collection and disbursement of government funds.
7
Financial institutions that focus on lending to small businesses, including Shinkin Central Bank, shinkin banks, Shoko
Chukin Bank, Shinkumi Federation Bank, credit cooperatives, National Federation of Labour Credit Associations and labour
credit associations.
8
Financial institutions that concentrate on lending for agriculture and fisheries, including Norinchukin Bank, agricultural
cooperatives and fishery cooperatives.
The Financial Reconstruction Commission and the FSA responded to the establishment of these new
types of banks by formulating Measures for Licensing and Supervision of New Types of Banks
including Entry into Banking Business by Non-Financial Entities (Operational Guidelines) in August
2000. Also, the Banking Law was amended in November 2001 so as to govern the entry of
non-financial entities into the banking business by regulating the major shareholders of the banks.
1.3.1.3 Non-banks
In certain respects, non-banks such as securities companies, insurance companies, credit card
companies, consumer credit companies and retailers compete with banks in providing payment
services. For example, non-banks have installed ATMs and issue various cards. Retailers, public
transportation companies and telephone companies issue prepaid cards, and consumer credit
companies and retailer affiliates issue credit cards.
At the same time, non-banks also cooperate with banks. For instance, securities companies provide a
service whereby once the balance of a customer’s demand deposit account at a bank reaches a
preset level, any additional inflow of funds to the account will automatically be transferred to the
customer’s mutual fund investment account at a securities company. If the balance of the demand
deposit account falls below the preset level, the shortage will automatically be made up by transferring
sales proceeds from the customer’s mutual fund investment account.
9
Membership dues for associate members are lower than those for full members, and there are some restrictions on voting
rights of associate members.
Services Agency was established as an external agency of the Ministry of Public Management,
Home Affairs, Post and Telecommunications for the purpose of providing these postal services.
Besides financial services such as postal savings, postal insurance and pensions, the Post Office
provides payment services that utilise its transferable deposit accounts, with a nationwide network of
approximately 24,000 post offices (banks had approximately 14,000 branches at the end of March
2002).
At the end of 2001, the outstanding amount of postal savings totalled JPY 240 trillion (USD 1.8 trillion),
10
while the outstanding amount of bank deposits totalled JPY 589 trillion (USD 4.5 trillion).
The Postal Services Agency is scheduled to transfer its business to the Japan Post, a newly
established government-owned public corporation, in April 2003.
1.3.2.2 Banks
According to the provisions of the relevant laws, such as the Banking Law, banks are permitted to
engage in certain securities-related services. These include securities lending services, custody
services and the underwriting and selling of government and other public debt securities. In addition, a
number of banks function as designated registrars under the Law on Registration of Corporate and
Other Bonds. Registrars also function as pre-settlement service institutions providing the necessary
services for corporate and other bonds in advance of settlement, such as examining the content of the
instructions, assigning bond serial numbers if necessary, rearranging the order of settlement
instructions and checking the balances of sellers’ accounts.
10
Deposits held with domestically licensed banks and shinkin banks.
11
The following products are currently listed on TIFFE: three-month euroyen futures, three-month euroyen Libor futures,
US dollar-Japanese yen currency futures, options on three-month euroyen futures, calendar spreads on three-month
euroyen futures and Libor-Tibor spreads. Among these, three-month euroyen futures are most actively traded.
Diversification of access channels has been remarkable in the past few years. In addition to ATM
services and firm banking, services provided through new access channels, such as internet banking,
mobile banking and convenience store banking, are making steady advances.
2.2.1 Cash
The Bank of Japan has the exclusive authority and responsibility to issue and circulate banknotes.
Article 46 of the Bank of Japan Law stipulates that banknotes shall be used as legal tender for
payments and that there is no limit to the acceptability of banknotes for payments. Four denominations
of banknotes are currently issued under the Bank of Japan Law Enforcement Order: 1,000 yen,
12
2,000 yen, 5,000 yen and 10,000 yen.
Coins are issued by the Japanese government and put into circulation by the Bank of Japan under the
Unit of Currency and Issuance of Coins Law. Article 7 of the Law stipulates that coins must be
accepted as legal tender for payment of amounts up to 20 times the face value of the given
13
denomination of coin. Coins come in six denominations - 1 yen, 5 yen, 10 yen, 50 yen, 100 yen and
500 yen - in addition to coins that are specially issued on commemorative occasions.
Cash is used extensively in Japan compared with other industrial countries. The ratio of cash in
circulation to nominal GDP, 14.4% at the end of 2001, was the highest among G10 countries. At the
end of 2001, banknotes in circulation totalled JPY 69 trillion (USD 525 billion) and coins JPY 4.3 trillion
(USD 33 billion). There are three reasons for the high preference for cash in Japan: (1) obtaining cash
is not expensive due to highly developed nationwide ATM networks; (2) there is little risk in carrying
cash because Japan is a comparatively safe country where crime rates are low; and (3) the public
continues to have a high level of confidence in cash as a means of payment because
anti-counterfeiting measures have been effective.
12
In addition to these, there are six denominations of banknotes which are valid though they are not currently issued: 1 yen
(USD 0.008), 5 yen, 10 yen, 50 yen, 100 yen and 500 yen.
13
According to the directives of the Ministry of Finance, there is no limit to the acceptability of coins for payments made to the
government, such as taxes.
14
Demand deposits held with domestically licensed banks and shinkin banks.
15
The number of financial institutions that provide funds transfer services between their accounts and postal accounts was 33
at the end of 2001.
16
An ordinary deposit is a type of demand deposit against which cheques cannot be drawn. It is estimated that most
households in Japan have at least one ordinary deposit account.
payee’s bank. In the case of salaries, the firm using the service sends payroll data to its bank, and the
bank transfers funds according to the data on the designated day.
17
Until 1983, banks were not allowed to issue credit cards themselves.
18
Revolving credit facilities enable cardholders to make instalment payments.
2.10 ATMs
Automated teller machines (ATMs) were first introduced by several city banks in 1969, and spread
rapidly as many banks adopted online computer systems in the 1970s. ATMs were initially installed in
bank lobbies, but began to appear at other easily accessible locations in 1973. ATMs provided cash
withdrawal services only at the initial stage, but began to provide cash deposit services as well from
1977. Today they accept both banknotes and coins and process credit transfers and loans.
Throughout the past couple of decades banks have installed increasing numbers of ATMs, with
116,905 machines deployed by the end of March 2002.
Since 1980, banks have linked their in-house ATM systems with other banks’ systems to enable
customers to withdraw banknotes from the ATMs of peer banks. To date, nine major online networks
19
exist, each operated within a group of financial institutions of the same type. The Multi Integrated
Cash Service (MICS), established in 1990, serves as the relay centre for the nine networks, and
provides nationwide ATM data transmission and clearing services. MICS had 1,916 financial
institutions as members at the end of March 2002, linking virtually every financial institution in the
private sector. The interbank credit and debit positions resulting from the use of these ATM networks
are calculated at the end of each business day. Interbank net positions are cleared again together with
other interbank payments through the Zengin System or the groups’ own clearing systems, and then
settled through the accounts held with the Bank of Japan or with the groups’ central organisations.
Several banks plan to strengthen the security and increase the efficiency of their services by replacing
traditional magnetic stripe cash cards with smartcards. Using a single multifunctional smartcard,
customers will be able to access various types of services such as cash card, debit card, credit card
and e-money services.
The Post Office and non-banks such as life insurance companies and securities companies also have
their own ATMs. The number of ATMs installed by the Post Office totalled 25,802 at the end of
20
March 2002. Securities companies had installed 529 ATMs by the end of June 2002, and 10 major
life insurance companies 640 ATMs by December 2001.
19
City banks, regional banks, member banks of the Second Association of Regional Banks, trust banks, long-term credit
banks and the Shoko Chukin Bank, shinkin banks, credit cooperatives, labour credit associations and agricultural
cooperatives.
20
The number of financial institutions that have connected their ATMs with the ATMs of the Post Office has been increasing
rapidly since such connections were first established in 1999, and reached 2,084 in January 2002.
The shared CMS centres, the first of which began operation in 1987, connect firms with multiple banks
in a single session. Shared CMS centres offer services such as multibank reporting (which enables
firms to check their account balances at more than one bank simultaneously) and batch file transfer
(which enables firms to send payment instructions including those related to payroll and direct debit to
multiple banks at one time).
2.12.3 TV banking
With the launch of broadcasting satellite digital TV services in December 2000, several banks have
started providing banking services via BS digital TVs. In one of the schemes, customers are able to
view account and transaction information on their digital TV screens. They use remote control units to
select services and enter information such as account numbers, PINs, names and transaction values.
Transaction data are sent to the broadcasting company along telephone lines, and then to the bank
via proprietary lines.
3.2.1 Ownership
Major clearing houses are established and operated by their respective regional bankers’ association.
For example, the Tokyo Clearing House is operated by the Tokyo Bankers Association (TBA).
3.2.2 Participation
Large and medium-sized financial institutions, including banks and branches of foreign banks in
Japan, participate in BCCSs directly. Small financial institutions participate in the systems
indirectly through direct participants. As of December 2001, 421 institutions participated in the
Tokyo Clearing House, of which 121 were direct participants.
21
Presentation of bills and cheques at non-designated clearing houses (ie those not designated by the Minister of Justice) is
also deemed a means of presentation for payment under agreements between the relevant parties.
participating banks are calculated at the clearing houses; and (4) payers’ banks bring back bills and
cheques from the clearing houses.
3.2.5 Settlement
The net positions of participants calculated by each clearing house are settled at the settlement bank
designated by the clearing house.
In the case of 33 clearing houses, settlement of participants’ net positions resulting from bill and
cheque clearing takes place through the current accounts that their respective regional bankers’
association holds with the Bank of Japan. Funds are first transferred from the accounts of participants
with net debit positions to the account of the regional bankers’ association and, after completion of
such transfers, the funds are then transferred from the account of the regional bankers’ association to
the accounts of participants with net credit positions. This process is performed through the BOJ-NET
Funds Transfer System on an RTGS basis at 12:30. Interbank settlement is final once the net
positions of participants are settled through the BOJ-NET Funds Transfer System. In general,
however, the payee cannot withdraw funds until 13:00 on the business day following interbank
settlement, because dishonoured bills or cheques may be returned from the payer’s bank to the
payee’s bank until 11:00 on that day.
3.2.9 Governance
Although each clearing house sets its own rules, clearing houses have been encouraged to harmonise
their rules to enhance the efficiency of financial institutions’ cash management. For example, the
standard settlement time of 12:30 has been adopted. Any revision to the rules of the clearing houses
that use the central bank accounts for settlement requires the approval of the Bank of Japan.
3.3.1 Ownership
The Zengin System is operated by the TBA.
3.3.2 Participation
Financial institutions such as banks and branches of foreign banks in Japan participate directly in the
Zengin System. Small financial institutions participate in the system through their respective clearing
systems, which are linked with the Zengin System. As of December 2001, 2,021 institutions were
participating in the system, of which 154 were direct participants. End users include firms and
individuals. The Zengin System is not linked with the postal funds transfer system.
Chart 1
Zengin Data Telecommunication System
Payer X Payee Y
Zengin Center
Online notification of
net position of each bank
at 16:15
TBA’s a/c
Bank of Japan
and on a transaction by transaction basis, the obligation between the sending bank and the
receiving bank is replaced with two obligations: one between the sending bank and the TBA;
the other between the receiving bank and the TBA.
(3) Upon receiving the instruction, the receiving bank credits the payee’s account.
(4) Net debit or credit positions between each bank and the TBA are calculated within the
system.
(5) The Zengin Centre sends information on the net positions to the Bank of Japan using the
Zengin System network.
3.3.5 Settlement
The net positions of participants of the Zengin System are settled through the BOJ-NET Funds
22
Transfer System on an RTGS basis at 16:15. Funds are first transferred from the accounts of
participants with net debit positions to the account of the TBA and, after completion of such transfers,
the funds are then transferred from the account of the TBA to the accounts of participants with net
credit positions.
Interbank settlement is final once the net positions of participants are settled through the BOJ-NET
Funds Transfer System. Funds may, in many cases, become available to payees before interbank
settlement takes place, because a receiving bank usually credits a payee’s account upon receipt of a
payment instruction from the Zengin Centre.
22
Due to the heavy traffic of instructions flowing through the Zengin System, on the last business day of each month
settlement takes place at 17:15 with an hour longer window for instruction exchanges, and on the last business day of the
year at 16:45 with a half-hour longer window for instruction exchanges.
3.3.9 Governance
The Organization for the Management of Domestic Fund Transfers, established by the TBA, sets rules
that govern the clearing procedures of the Zengin System. The Organization is required to consult with
the Bank of Japan if any revisions are needed to the rules relating to settlement or membership criteria
of the Zengin System.
3.4.1 Ownership
The FXYCS is owned by the TBA. The automated system is a part of the BOJ-NET.
3.4.2 Participation
At the end of 2001, 244 financial institutions, including 73 branches of foreign banks in Japan,
participated in the FXYCS. Of these, 40 were direct participants which access the BOJ-NET directly,
and the other 204 were indirect participants which participate in the system through direct participants.
Chart 2
Foreign Exchange Yen Clearing System
Overseas
Payer X
Bank Z Payee Y
(Payer’s bank)
Clearing
BOJ-NET Foreign Exchange Yen Clearing System
TBA’s a/c
Bank of Japan
3.4.5 Settlement
The net positions of participants of the FXYCS are settled through the BOJ-NET Funds Transfer
System on an RTGS basis at 14:30. Funds are first transferred from the accounts of the participants
with net debit positions to the account of the TBA and, after completion of such transfers, the funds are
then transferred from the account of the TBA to the accounts of the participants with net credit
positions.
Interbank settlement is final once the net positions are settled through the BOJ-NET Funds Transfer
System. Funds may, in many cases, become available to payees before interbank settlement takes
place, because a receiving bank usually credits a payee’s account upon receipt of a payment
instruction from the BOJ-NET.
RTGS mode is also available for participants’ individual payments, although use of this mode is rather
limited. All participants can use RTGS mode from 09:00 to 17:00 every business day, while the
participants which made an advance application can use it until 19:00. In this mode, instructions sent
to the Bank of Japan are processed on an individual basis immediately upon receipt, for settlement
through current accounts held with the Bank.
against every other participant on a bilateral basis. The sender net debit cap, placed to limit the total
net amount of payments made by a participant, is 4.73% of the total amount of NCLs that the other
participants set against that participant.
Should a participant fail to settle its net obligation, the FXYCS loss-sharing rule requires the remaining
banks (“survivor banks”) to bear the net obligation of the defaulting participant in order to cover the
shortfall in funds for the settlement. That is, the survivor banks must provide the TBA with funds
allocated in proportion to their share of the NCLs set for the defaulting participant. In order to be
prepared for such a contingency, each participant is required to deposit collateral with the TBA in
advance. The amount of collateral required for each participant is set at the larger of (1) 5.1% of the
largest NCL each participant has set against the other participants, or (2) JPY 100 million
(USD 822,000).
Should a survivor bank be unable to provide the allocated amount in a timely manner, it may ask the
TBA for a postponement. The TBA will then obtain the necessary liquidity from banks assigned in
advance as “liquidity provider banks”, and complete settlement. The 10 banks designated as liquidity
provider banks would be able to cover a default by the participant with the largest sender net debit
cap. Should a survivor bank that has postponed its provision of funds fail to provide these to the TBA
by 14:00 of the next business day following the default, the TBA can, if necessary, sell in the market
the collateral deposited by the survivor bank and repay the liquidity provider banks.
3.4.9 Governance
The TBA lays down rules for the FXYCS that stipulate membership criteria, procedures for entry to
and withdrawal from the FXYCS and clearing procedures. Any revision to the rules requires the Bank
of Japan’s approval.
3.5.1 Ownership
The BOJ-NET Funds Transfer System is owned and operated by the Bank of Japan.
3.5.2 Participation
At the end of 2001, there were 383 participants in the BOJ-NET Funds Transfer System, including
162 banks, 72 branches of foreign banks in Japan, 83 shinkin banks, five central organisations of
cooperatives, 46 securities companies, three money market brokers and other institutions such as
stock exchanges. Sufficient operational reliability is required for the Bank of Japan’s current account
holders to participate in the system.
3.5.5 Settlement
Settlement is final once effected through the BOJ-NET Funds Transfer System.
The Bank of Japan started providing an intraday overdraft facility in January 2001 in order to facilitate
smooth settlement on an RTGS basis. Intraday overdrafts are available to all current account holders
without charge if repaid by the end of the day. Intraday overdrafts are also available as part of a
scheme for the simultaneous processing of DVP and collateralisation (SPDC) (see Section 4.2.2.2).
23
Financial institutions are able to hold current accounts with different offices (head office and regional branches) of the
Bank of Japan.
24
The only exception is payments for DVP settlement of corporate and other bond transactions, which are settled
simultaneously at 15:00.
25
On days when settlement for the Zengin System takes place at 16:45 or 17:15, the closing time of the BOJ-NET Funds
Transfer System is extended to 17:30 or 18:00 respectively for all participants, and the end-of-day simultaneous processing,
which usually takes place at 17:00, takes place at 17:30 or 18:00.
according to the type of security and residual maturity. No quantitative limit is currently imposed on the
amount of intraday overdraft.
Contingency measures are in place to cope with hardware and software malfunctions. The host
computer systems at the BOJ-NET Centre are duplicated to ensure safety. Both systems, system A
and system B, use identical equipment, and each system comprises an active machine and a hot
standby machine. In other words, four host computers are always ready for operation. Most peripheral
equipment, such as the communication control unit and database, is also duplicated. A backup centre
for the BOJ-NET has also been set up in Osaka. Operation of the BOJ-NET is constantly monitored at
the computer centre to detect problems at the earliest possible stage. The Bank also uses passwords,
ID cards and data encryption to ensure security of the information passed over the network.
Chart 3
Bank of Japan Financial Network System
Participants Participants
<Outside Tokyo> <Inside Tokyo>
Zengin Center
Regional Tokyo TIFFE
(Domestic
clearing Clearing
funds transfer)
houses House
BOJ
Non- branches BOJ-NET Center
participants Information System
(Current Operations Services Dept.
account Dept.
holders) (Head office) Bank of Japan
26
with respect to a large volume of transactions, in addition to the NTC file transfer function and floppy
disk data exchange function using BOJ-NET terminals, computer-to-computer connections are also
available. Most major financial institutions use computer-to-computer connections for their operations.
The system network is based on leased lines and “digital data exchange” (DDX) packet-switching
lines, which are provided by the NTT Group, a Japanese common carrier. These two types of line are
connected with host computers at the BOJ-NET Centre; leased lines are used for computer-to-
computer connections, while DDX packet-switching lines are used for linkages with BOJ-NET
terminals. To ensure continuity of service, lines connecting the BOJ-NET Centre and participants for
computer-to-computer connections are duplicated. Lines connecting the BOJ-NET Centre and
telephone exchanges for linkages with BOJ-NET terminals are also duplicated (see Chart 3 above for
the structure of the BOJ-NET).
In January 2002, the Bank released for public comment a proposal for further improving the network
infrastructure of the BOJ-NET, to accommodate innovations in network technology and the
standardisation of message formats. Specific plans include: (1) improving computer-to-computer
connections (eg adoption of TCP/IP); (2) enabling PC-based connection; and (3) ensuring flexibility
with regard to message format by adjusting the system to accept formats based on the international
standard. Following public consultation, the Bank decided in March 2002 to implement its proposal.
3.5.9 Governance
The Bank of Japan reviews the design and operation of the BOJ-NET on the basis of international
standards such as the Core Principles for Systemically Important Payment Systems drafted by the
Committee on Payment and Settlement Systems (CPSS) of the central banks of the Group of Ten
countries. Based on these review findings, the Bank of Japan then develops an improvement plan for
the BOJ-NET and implements it following approval by the Policy Board, the governing body of the
Bank. The Bank of Japan makes the plan public and seeks comment from system participants where
necessary. The Operations Department and the Information System Services Department are in
charge of the BOJ-NET operations. The Bank’s Executive Auditors and the Internal Auditors’ Office
audit and examine the Bank’s operations, including issues relevant to the BOJ-NET.
26
Nichigin Terminal Control equipment.
transferring JGBs between financial institutions. Transactions in stocks deposited at JASDEC are
settled by book entries, and DVP is available for stocks traded on the exchanges. Corporate and other
bonds such as government-guaranteed bonds and municipal bonds are registered and transferred on
the books of a number of registrars. An online network system called JB Net links participants
(investors and dealers), registrars and the Bank of Japan, and enables settlement of these registered
bond transactions to be processed on a DVP basis. Although there has not been a CSD for CP, a
book-entry system developed by JASDEC is expected to start settlement of CP transactions on a real-
time DVP basis from March 2003 under the new legal framework.
Settlement cycles vary depending on the type of security. T+3 rolling settlement is the norm for
corporate bonds, municipal bonds, stocks and JGBs, although settlement of JGBs for open market
27
operations takes place T+0, T+1, T+2 and T+3. The settlement cycle for CP is T+1 or T+2.
4.2.1 Trading
The outstanding balance of securities issued by the Japanese government was JPY 461 trillion
(USD 3.5 trillion) at the end of 2001, which comprised JPY 387 trillion (USD 2.9 trillion) in JGBs,
JPY 31 trillion (USD 236 billion) in treasury bills (TBs) and JPY 43 trillion (USD 327 billion) in financing
bills (FBs). The value of JGB transactions in the over-the-counter (OTC) market reached
28
JPY 3,863 trillion (USD 31.8 trillion) during 2001, accounting for 95% of cash bond transactions. The
volume of JGB transactions effected through a variety of screen-trading systems began to grow from
mid-2000.
29
Repo transactions are actively made between various entities including securities companies, banks,
insurance companies, investment trusts and other corporations. Prior to April 2001, there were two
types of repo transactions in the Japanese repo market, namely gensaki (buy/sellback transactions
which did not incorporate risk management measures such as margining and closeout netting) and
cash-collateralised bond lending.
The JGB lending market has grown tremendously since the abolition of restrictions on
cash-collateralised bond lending in 1996, and cash-collateralised bond lending is currently the
predominant transaction in the repo market. At the end of 2001, the outstanding amount of bond
lending transactions totalled JPY 46.4 trillion (USD 353 billion), of which the bulk - JPY 40.2 trillion
(USD 306 billion) - consisted of cash-collateralised bond lending.
In addition to the two types of repo transactions above, a new type of repo transaction (repurchase
agreement), which is almost the same as repos in the US and European markets, was introduced to
replace gensaki in April 2001. After the introduction of repurchase agreements, gensaki transactions
were abolished in March 2002.
27
JGB transactions include those involving both treasury bills (TBs) and financing bills (FBs).
28
Total of purchases and sales including gensaki transactions.
29
Transactions that involve the exchange of securities for funds for a certain period.
The JGB Registration System was introduced in 1906 with the Bank of Japan as the registrar, based
on the Law Concerning Government Bonds. In this system, registrations are made on the book kept at
the registrar, so that JGBs are transferred without physical delivery. Participants are not limited to
financial institutions; any JGB holder can use the system. In recent years, participants have been
shifting their holdings of JGBs from the JGB Registration System to the JGB Book-entry System, due
30
largely to the relevant tax reforms.
The JGB Book-entry System was introduced in 1980 in response to the rapid growth of the volume of
JGB transactions and their settlement. It is a tiered system, consisting of direct participants, indirect
participants, foreign indirect participants, customers and the depository, namely the Bank of Japan.
There are requirements set by the Bank of Japan for participation in the JGB Book-entry System (see
Section 1.2.2). Direct participants, indirect participants and foreign indirect participants include
31
financial institutions such as banks and securities companies. The deposit rate in the JGB
Book-entry System was 99% at the end of 2001.
The daily average volume and value of transactions settled during 2001 were 11,500 transactions and
JPY 42 trillion (USD 346 billion) for the JGB Book-entry System, and 94 transactions and
JPY 60 billion (USD 494 million) for the JGB Registration System.
JGB transfers under the JGB Registration System and the JGB Book-entry System are processed
through the BOJ-NET JGB Services, an online system for the transfer of JGBs, owned and operated
by the Bank of Japan. The BOJ-NET JGB Services began operation in 1990, and the DVP mechanism
was introduced in 1994 by connecting the BOJ-NET JGB Services with the BOJ-NET Funds Transfer
System.
Participants in the JGB Registration System or the JGB Book-entry System can give instructions
regarding JGB delivery to the Bank of Japan, either in paper form or online through the BOJ-NET JGB
Services. At the end of 2001, the number of users of the BOJ-NET JGB Services was 360 for the JGB
Book-entry System and 398 for the JGB Registration System. Operating hours of the BOJ-NET JGB
Services are from 09:00 to 16:30.
32
Since 1997, settlement of JGB transactions has been taking place on a T+3 basis. Before rolling
settlement was introduced in 1996, JGBs were settled in principle on the 5th, 10th, 15th, 20th, 25th
and the last business day of every month as a market practice in which the average period between
trade and settlement was around seven days.
30
The exemption from withholding tax on interest payments on JGBs is granted only to book-entry JGBs held by designated
financial institutions, and by non-residents of Japan and foreign corporations.
31
The ratio of the outstanding amount of book-entry JGBs, TBs and FBs to the total outstanding amount of JGBs, TBs and
FBs. That of registered JGBs was 0.7%. Both TBs and FBs can only be held in the JGB Book-entry System.
32
T+3 is the norm for outright transactions. Most repo transactions are settled on a T+2 or T+3 basis.
online (ie (2) above) has been processed on an RTGS basis since June 2002), and so far the majority
33
of these exceptions have been removed.
4.3.1 Trading
Corporate and other bonds (ie non-JGB bonds), such as government-guaranteed bonds, municipal
bonds, bank debentures and yen-denominated foreign bonds, are mainly traded in the OTC market, as
is the case for JGBs. The outstanding amount of corporate and other bonds was JPY 191 trillion (USD
1.5 trillion) at the end of 2001, and the total trading value of OTC corporate and other bonds during
35
2001 was JPY 188 trillion (USD 1.5 trillion).
33
The remaining transactions, which will also switch to RTGS within a few years, include delivery of book-entry JGBs to
foreign central banks and international organisations as well as outright purchases/sales of TBs/FBs in the Bank’s open
market operations.
34
For more details, see Bank of Japan, Framework for restructuring BOJ-NET JGB Services, September 1998 (available on
the Bank’s website).
35
The total value of purchases and sales of corporate bonds, government-guaranteed bonds, municipal bonds, bank
debentures and yen-denominated foreign bonds.
4.4.1 Trading
The commercial paper (CP) market has grown significantly since its inception in 1987. The
deregulation that took place in 1998, enabling CP issuance by banks and direct issuance of CP by
corporations to end-investors (known as direct issuance), contributed significantly to this growth. The
outstanding amount of CP was JPY 16.5 trillion (USD 126 billion) at the end of 2001. Financial
institutions such as banks, securities companies and money market brokers actively engage in repo
transactions of CP, accounting for almost all the transactions in the secondary market.
36
This refers to the ratio of the outstanding balance of registered corporate and other bonds (or corporate and other bonds
that are held in non-paper form) to the outstanding balance of corporate and other bonds, which was 79% at the end of
March 1997.
37
MAC is a numerical code, used instead of a signature or seal, to confirm the intent of the counterparty who does not provide
online instructions for the transaction. It is calculated, using a special encryption method, from (1) an encryption key
provided to each participant, and (2) the content of a given transaction request (details of the seller, buyer, issue, value, etc)
represented in the form of a numerical value.
38
JB Net transmits information about each delivery instruction to registrars via pre-settlement service institutions. The
institutions examine the content of instructions, assign a bond serial number if necessary, rearrange the order of
instructions, check the balance of the sellers’ accounts and submit the delivery instructions to the registrars on the
settlement day.
39
All payments for DVP settlement of corporate and other bond transactions are settled simultaneously at 15:00 through the
BOJ-NET Funds Transfer System.
4.4.2 Settlement
There is no CSD for CP. CP is usually issued without a named payee (known as blank bills) and is
traded in the secondary market. In repo transactions, delivery of CP is normally effected by means of
deposit receipts prepared by the seller, and CP certificates are physically held at dealers until
redemption. Settlement of most CP transactions currently takes place on a T+1 or T+2 basis.
Dematerialised CP is expected to be issued and settled on a real-time DVP basis from March 2003,
using a book-entry system that is being developed by JASDEC, under the Transfer of Corporate Debt
Securities Law.
4.5.1 Trading
While there are five stock exchanges in Japan, the Tokyo Stock Exchange handles most of the
transactions in listed stocks. In 2001, total trading value on the exchanges was JPY 225 trillion
(USD 1.9 trillion), of which the Tokyo Stock Exchange accounted for 90%. Direct access to stock
trading on the exchanges is limited to securities companies that meet the requirements and receive
the approval of the exchanges. At the end of 2001, the total market value of listed stocks was
JPY 301 trillion (USD 2.3 trillion), which was about half the value recorded at the end of 1989,
reflecting the decline in stock prices.
The JASDAQ market is an OTC market managed by the Japan Securities Dealers Association (JSDA)
in accordance with the provisions of the Securities and Exchange Law. Stock trading on this OTC
market is processed and price information provided through the JASDAQ system. Since 1998, a
market-maker system, in which trading is based on the quoted prices published by securities
companies, has been gradually introduced to the JASDAQ market.
With regard to stock lending, the market has been rapidly expanding since the introduction of a new
type of stock lending in 1998, whereby market participants were allowed to make lending transactions
without the intermediation of securities finance companies which had been previously required. The
outstanding amount of such lending transactions totalled JPY 3.3 trillion (USD 25.1 billion) at the end
of 2001. Major participants in this market include securities companies, institutional investors and trust
banks.
Regarding stock transactions on the Tokyo Stock Exchange and the Osaka Securities Exchange,
40
DVP was achieved in May 2001 by linking the delivery of stocks at JASDEC with the settlement of
funds at the Bank of Japan via each CCP. DVP settlement takes place in the following manner:
(1) participants with net debit balances in securities are required to deliver securities to the account of
the exchange held at JASDEC by 13:00; participants with net debit balances in funds are required to
41
transfer funds to the account of the exchange held at settlement banks by 14:15; (2) after the
exchange confirms receipt of securities and funds, it transfers these to participants with net credit
balances in securities or funds respectively. The delivery of stocks traded on the other exchanges is
also made through the book-entry system of JASDEC, but DVP has not been available.
40
Transfer instructions for both securities and funds are settled on a net basis.
41
The Bank of Japan is one of the settlement banks.
42
Transactions outside the stock exchanges and the JASDAQ market, including those between securities companies and
institutional investors.
43
Securities transfer instructions are settled on a gross basis and funds transfer instructions are settled on a net basis.
The BOJ-NET JGB Services is also utilised for managing securities pledged by financial institutions as
44
collateral for the Bank’s credit extension. The majority of the pledged securities are JGBs, while
various other securities, including corporate bonds, municipal bonds, asset-backed securities and CP,
are also eligible as collateral under certain conditions. In daily operations, for example, financial
institutions post their book-entry JGBs to the Bank as collateral for an intraday overdraft or for some
other liquidity provision by the Bank (this is carried out either well in advance or at the time when the
overdraft or liquidity is actually to be used); they then receive the pledged JGBs from the Bank against
repayment of the intraday overdraft or other liquidity provision by the Bank. To process and manage
this series of operations efficiently, financial institutions use the BOJ-NET Credit-Collateral
Management System, which was introduced in January 2001. This system is connected with the
BOJ-NET JGB Services to achieve online processing of collateral transactions and credit extensions
by the Bank including intraday overdrafts, electronic loans and purchases of bills, thereby facilitating
the centralised management of these transactions.
44
The Bank made public in October 2000 its Guidelines on Eligible Collateral stating the principles, categories, and prices of
collateral, as well as the eligibility standards for its collateral management. Eligibility of collateral is based on the following
principles: (1) maintaining the soundness of the Bank’s assets; (2) ensuring smooth business operation of the Bank and
efficient use of collateral; and (3) utilising market information. Categories of eligible collateral include various securities such
as JGBs, government-guaranteed bonds, municipal bonds, corporate bonds, bills, CP and loans on deeds.
Selected references
Bank of Japan (1997): “Payment and settlement systems: the current issues in Japan”,
Quarterly Bulletin, vol 5, no 2, May.
——— (1997): “The framework for restructuring the BOJ-NET Funds Transfer System”,
Quarterly Bulletin, vol 5, no 3, August.
——— (1998): The framework for restructuring BOJ-NET JGB Services, September (available on the
Bank’s website).
——— (2000): Response to the disclosure framework for securities settlement systems: The BOJ-NET
(JGB Services), July (available on the Bank’s website).
——— (2001): “Real-time gross settlement (RTGS) in Japan: an evaluation of the first six months”,
Quarterly Bulletin, vol 9, no 4, November.
——— (2002): “Conversion to the new JGB Book-entry System based on the new legal framework”,
Quarterly Bulletin, vol 10, no 3, August.
——— (2002): “The role of the Bank of Japan in payment and settlement systems”, Quarterly Bulletin,
vol 10, no 4, November.
——— (2003): Framework for improving the network infrastructure of the BOJ-NET, February
(available on the Bank’s website).
Centre for Financial Industry Information Systems (FISC) (2001): Financial information systems in
Japan.
Japanese Bankers Association (2000): Payment systems in Japan, April.
——— (2001): The banking system in Japan, March.
——— (2002): Japanese Banks 2002.
Japanese Bankers Association, Operations Committee (2001): Assessing the compliance of Japan’s
payment systems with “Core Principles for Systemically Important Payment Systems” by BIS,
December (available on the website of the Japanese Bankers Association).
Japan Securities Research Institute (2001): Securities market in Japan.
Table of contents
List of abbreviations
Introduction
As with other payment systems around the world, technological innovation and evolving payment
methods have influenced the Dutch payment system and led to a substantial decrease in the use of
paper-based instruments. For point of sale payments the use of debit cards is still rising. In 2002 over
1 billion purchases at the point of sale will have been made by the electronic transfer of funds, that is
about one third of all non-cash payments. For remote payments the key characteristics remain largely
the same. The Netherlands relies very heavily on credit transfers or giro payments. Cheques are
hardly used any more, either for remote or for point of sale payments. The majority of Dutch
households and businesses hold more than one payment account. In August 2002, over 16 million
inhabitants held over 21 million accounts.
Retail payment services are provided by most of the commercial banks. All the banks together process
around 3 billion cashless retail payments each year. The Dutch payment services market is quite
concentrated, as is the banking market as a whole. The bulk of private customer accounts are held
with just a few banks. In addition to the deposit-taking institutions offering a wide range of payment
services, there are a few international credit card companies and retail chains offering credit card
services.
Many of the retail payments are processed centrally at the automated clearing house Interpay, in
which nearly all banks participate. No other interbank low-value payment system of substance exists.
Large-value payments are processed via TOP, the RTGS system, which is owned and operated by the
Netherlands Bank. Although the TOP system is, in principle, intended to handle large-value interbank
payments, there are in fact no upper or lower value limits for payments. This also applies to cross-
border payments via TARGET, to which TOP is linked.
The Dutch SSSs (securities settlement systems) are undergoing a period of transition and will
eventually become part of a pan-European system, since the Amsterdam Exchanges (AEX) have
merged into Euronext. A single integrated market has been formed together with the other merging
companies, the Brussels Exchanges (BXS) and Paris Bourse, comprising a cash market for equities
and bonds, a derivatives market and a commodity market. The integration of trading, clearing and
settlement is taking place in stages and is expected to be complete by the end of 2003.
1. Institutional aspects
1.1.1 Institutions responsible for regulating, supervising and overseeing the financial
infrastructure
The institutions that are allowed to conduct banking activities fall under the Act on the Supervision of
Credit Institutions (Wtk), while investment institutions fall under the Act on the Supervision of
Collective Investment Schemes (Wtb). The Second Banking Co-ordination Directive, which states the
principle of mutual recognition of (EU) banking licences, and the Investment Services Directive, which
opens the European market for investment services, are legally binding in the Netherlands as well.
Banking supervision has traditionally been a responsibility of the Netherlands Bank, while the Pension
and Insurance Board (PVK) carried out supervision of pension funds and insurance companies and
the Securities Board (STE), which became the Authority for the Financial Markets (Au-FM) as from
March 2002, supervised investment institutions. However, in view of international developments like
consolidation in the financial sector and diversification, the organisation of supervision is being
revised. The first phase of this revision, in which the supervisory framework evolved from the
traditional sectoral model to a functional model, was completed on 18 September 2002. Supervision of
the conduct of all supervised institutions, as well as supervision of the provision of information to the
public, falls under the responsibility of Au-FM, while prudential control is in the hands of both DNB and
PVK. To this end a partial merger between the two institutions has been undertaken, and members of
the DNB and PVK Boards have taken up positions on the Board of each other’s institution. The three
supervising institutions come together in the Council of Financial Supervisors. The relevant laws are
expected to be passed by 2004.
The 1998 Bank Act, in accordance with the Statute of the ESCB, contains a provision stating that the
national central bank, ie the Netherlands Bank, shall promote the smooth operation of the payment
system. This means that the Netherlands Bank is responsible not just at an operational level, but also
as an overseer, for ensuring that the payment system functions smoothly. Efforts are being made to
draw up a law on the supervision of settlement systems. This so-called “Infrastructure Act” will create a
supervisory framework on the basis of which standards developed in the G10 context can be imposed
on payment and securities settlement systems with a view to fostering and maintaining financial
stability and confidence in payment instruments.
Legal aspects of payment media and the provision of payment services to the public
Pursuant to the 1998 Bank Act, banknotes are legal tender up to an unlimited amount, while under the
1987 Coinage Act coins are legal tender up to a limited amount. The 1992 Dutch Civil Code includes a
stipulation to the effect that non-cash payments are legally equivalent to cash payments.
The External Financial Relations Act contains stipulations on external payments, such as the
obligation to report certain transactions for balance of payments purposes.
The Act on Cross-Border Payment Services was designed to implement Directive 97/5/EC of the
European Parliament and the EU Council of 27 January 1997 and contains stipulations on the
transparency and quality of cross-border payments. With Regulation 2560/2001 the European
Parliament extended the coverage of transparency stipulations to the domestic market and required
that the same charges apply to both domestic and cross-border euro electronic payment transactions
and credit transfers.
With a view to preventing money laundering, the Identification Financial Services Act obliges financial
institutions to ascertain the identity of customers wishing to effect certain payments and securities
transactions on the basis of an official means of identification. In line with this, the Disclosure of
Unusual Transactions Act provides that staff of, for instance, banks must report unusual transactions
to a central Disclosures Office; in the context of the introduction of the euro coins and banknotes, the
ceiling amounts were adjusted downwards. In addition to these Acts, the Exchange Offices Act
requires that exchange offices be registered and that their directors be trustworthy.
A recent development is the so-called “financiële bijsluiter” or financial instruction leaflet that has to
accompany complex financial products since 1 July 2002. Its purpose is to increase transparency for
the public and to facilitate comparison between financial products.
organising a stock exchange. Under the Wte, most of the Minister of Finance’s responsibilities and
powers were delegated to Au-FM. The Wte was an enabling act and contained only framework
regulations. Full regulations were laid down in the Decree on the Supervision of Securities Trade and
in the Further Regulation on the Supervision of Securities Trade, drafted by Au-FM itself. In 1995, a
new version of the Wte came into effect which was designed to bring Dutch legislation into line with
the Investment Services Directive (ISD) and Capital Adequacy Directive (CAD) under EU legislation.
On 1 January 1997, the responsibility for supervising the institutions admitted to the stock exchange,
at that time Amsterdam Exchanges N.V. (AEX; now Euronext N.V.), was transferred from AEX itself to
Au-FM. The Wte 1995 was amended to incorporate this change. As seen above, the sectoral
supervisory responsibilities of Au-FM have recently been replaced by a focus on supervision of
conduct. Prudential supervision of the admitted institutions is in the hands of the DNB/PVK pair. In
addition to its other functions, Au-FM is also responsible for the implementation of the Major Holdings
in Listed Companies Disclosure Act 1996; the purpose of this Act is to increase the transparency of
markets.
• evaluating the setup of the assessment frameworks for the management of risks inherent in
SSSs, payment systems and payment instruments; and
• testing the systems’ operating procedures.
Oversight of payment systems is the exclusive responsibility of the Netherlands Bank. It therefore
entails both evaluating the setup of the assessment frameworks and testing the method of operation of
Interpay’s system for low-value payments and of the Netherlands Bank’s own large-value payment
system, TOP. The in-house payment systems of banks are basically subject to the supervision
exercised pursuant to the Wtk. The internal auditing department plays a major role in the daily
assessment of TOP. The Netherlands Bank’s external auditor also assesses the system in terms of
existing standards.
In order to achieve clarity and to make a distinction between oversight and supervision pursuant to the
Wtk, the Netherlands Bank has set up a separate unit responsible for oversight. This unit examines
and analyses the risks inherent in (new) SSSs, payment systems and payment instruments and
makes recommendations on how they should be managed.
The oversight of SSSs is a shared responsibility. Assessing the method of operation falls within the
remit of Au-FM, while evaluating the setup of and changes in the assessment frameworks for SSSs is
the joint responsibility of Au-FM and the Netherlands Bank. To this end, the latter drew up an outline of
the assessment framework on the basis of the Lamfalussy standards. At the end of 2000, the
evaluations of the assessment frameworks for the existing Dutch SSSs were completed. The merger
of the Paris Bourse, the AEX and the BXS has an impact on the practical aspects of oversight in an
international context.
In order to facilitate international cooperation in the oversight of Euronext’s clearing activities, a
Memorandum of Understanding (MoU) on clearing was concluded in early February 2001 between the
Dutch, French and Belgian supervisors and overseers involved. It is based on principles such as
cooperation on equal terms and mutual acknowledgment of national jurisdictions. With a view to
coordinated supervision and oversight a Co-ordination Committee on Clearing was set up, on which all
banking supervisors, securities regulators and overseers have a seat. This committee, in which the
Bank participates, discusses planned systems changes and coordinates oversight measures to be
taken.
As Euronext stock exchange transactions are settled via Euroclear Bank in Belgium, cooperation in
respect of settlement is also required. In early 2002 cooperation between the Dutch, French and
Belgian supervisors and overseers was laid down in an MoU. In this MoU on settlement, the Belgian
supervisors and overseers have been recognised as lead supervisory authorities. A settlement
committee was established with representatives of the Belgian, French and Dutch authorities charged
with the supervision and oversight of Euronext's settlement activities. The settlement committee will
discuss all the settlement issues relevant for Euronext. The committee has an advisory function; the
Belgian supervisors will implement its recommendations to the best of their ability.
The following table gives an overview of the systems subject to oversight and the institutions
responsible for such oversight.
Payment systems
Interpay DNB DNB
TOP/TARGET DNB DNB
SSSs
Euronext Amsterdam Stock Clearing Au-FM/DNB Au-FM
Euronext Amsterdam
Derivatives Clearing Au-FM/DNB Au-FM
NIEC Au-FM/DNB Au-FM
Necigef Au-FM/DNB Au-FM
NLKKAS (Euronext Amsterdam
Commodity Clearing) Au-FM/DNB Au-FM
relatively simple structure, with policy committees, committees and working groups advising the
Association’s Executive Committee.
The NVB’s Policy Committee on payments is the main consultative body in respect of payment
systems. It is made up of those members of the Boards of Management of the various banks who are
in charge of payment systems. This Committee is concerned with general policy frameworks and joint
infrastructures, as well as retail and wholesale products. An Advisory Committee on payments
consisting of the banks’ senior payments managers supports the Policy Committee. This Committee
heads a number of working groups covering a variety of aspects relating to payment systems.
Euronext N.V.
On 22 September 2000, the AEX, the Bourse de Paris and the BXS officially merged to form Euronext,
establishing the first fully integrated cross-border single currency stock, derivatives and commodities
market. Euronext is a holding company with the three stock exchanges working as operating
companies with their registered offices in Amsterdam. Being established as a Dutch company,
Euronext has a two-tier board structure, as required under Dutch company law (called
structuurregime). Euronext Amsterdam N.V. is a wholly owned subsidiary of Euronext N.V. and is
responsible for the organisation of the Dutch stock exchange, derivatives markets and commodities
markets.
Necigef
Pursuant to the Securities Transfer Act, Necigef is responsible for book-entry transactions, as well as
the custody, management and administration of securities on behalf of the participants. Necigef is a
wholly owned subsidiary of Euronext Amsterdam N.V.
The management of securities which do not fall within the scope of the securities Giro Transfer Act,
such as dematerialised bonds, may be carried out by the Dutch Interprofessional Securities Centre
(NIEC).
Association of Stockholders
The Association of Stockholders (VEB), founded in 1924, aims to promote the interests of
stockholders and stockholding in general.
1
In the early months of 2002, these were replaced by seven denominations of euro notes (EUR 5, 10, 20, 50, 100, 200 and
500) and eight denominations of euro coins (EUR 0.01, 0.02, 0.05, 0.10, 0.20, 0.50, 1.00 and 2.00).
very efficient means of collecting payments. Dutch banks offer several types of direct debits in order to
meet the specific needs of different types of payment, such as the purchase of lottery tickets (without a
payback guarantee) and mail order services.
In 2001, 27% of all retail payments were made by means of direct debits. The average amount paid
using direct debits is around EUR 230.
Debit cards
Debit cards are cards with direct electronic access to a bank account with the use of a PIN. The
majority of debit cards are equipped with a magnetic stripe as well as a microchip. Three types of debit
functions can be distinguished: withdrawal, payment and mere identification in the context of
payments.
Debit cards are used to make withdrawals, either in cash at an ATM or in electronic money by loading
an electronic purse. In 2001 over 90% of all cash withdrawals were made at ATMs, accounting for 470
million transactions. The average amount withdrawn increased to EUR 84 per transaction. All 7,142
ATMs in the Netherlands are interoperable and are connected to the international ATM network. For
security purposes, use of another bank’s ATM is subject to a daily limit in terms of both the number of
withdrawals and the amount withdrawn.
Debit cards are used mostly at EFTPOS terminals in shops, restaurants and hotels, etc. In the
mid-1990s, the number of POSs grew enormously, as did the volume and value of the transactions. In
2001, the total volume of EFTPOS transactions exceeded 950 million, accounting for a total value of
EUR 42 billion, which amounts to 30.6% of the total volume but only 2% of the total value of cashless
payments. At the end of 2001, 165,000 EFTPOS terminals were in operation. The availability and
reliability of the network exceeded the minimum standard of 99.98%.
Debit cards are also used for identification in the context of payments. Traditionally, the signature on
the card was used for identification in conjunction with the use of guaranteed cheques. Cards are
increasingly being used as an electronic identification device to authorise credit transfers (remote
payments) made by telephone or to authorise payments over the internet.
Credit cards
The volume of credit cards in circulation increased considerably from 420,000 in 1988 to over
4.7 million in 2001. The number of credit card transactions at the point of sale is still modest: just over
1.6% of non-cash payments are made by credit card. Since most Dutch banks issue MasterCard, this
brand is most often used. Despite the fact that most banks do not issue Visa, the number of Visa cards
issued is high owing to a co-branding strategy with non-financial institutions (insurers, automobile
associations, etc.). Some retail chains actively promote their own retailer cards (private label cards),
but from a payments point of view their role is insignificant compared with the use of payment cards
and cash.
Prepaid cards
A prepaid card is a payment card which contains purchasing power that is paid for in advance. The
most widespread prepaid card is the single purpose telephone card, which enables national and
international telephone calls to be made from pay phones. The use of these cards is declining owing
to the spectacular growth in the use of mobile phones and of multipurpose electronic purses.
At mid-2002, around 16 million cards were equipped with an electronic purse, the “chipknip”, that can
be loaded at 4,258 loading devices and used for payments at about 160,000 EFTPOS terminals. The
infrastructure seems ready for mass use. After a few years of sluggish growth, in 2002 the use of
electronic purses seems to have taken off, with an estimated 80 million transactions, two and a half
times as many as in 2001. For consumers, the added value of the purses is most likely to be
generated by replacing small-value cash payments and the use of coins. It is not surprising then that
two thirds of all transactions are payments for parking, catering and purchases from vending
machines. The growth in the use of the purse can be explained by the introduction of euro coins and
notes and by the fact that three major cities have made electronic parking payments compulsory. For
visitors without a reloadable chipknip, a multipurpose stored value card has been issued, which can be
bought in these cities.
Moreover, banks are investing in applications to use the chipcard technology for identification
purposes in telephone banking and internet banking.
2.2.4 Cheques
Given that a satisfactory giro transfer system has been available to the public from a very early stage,
non-guaranteed cheques have never played a significant role as a general payment instrument in the
Netherlands. In the second half of the 1960s, following the large-scale introduction of sight accounts
for the public, the guaranteed cheque was introduced together with a cheque guarantee card showing
the cardholder’s account number and signature. For point of sale payments, it served as one of the
main non-cash instruments in the period between 1970 and 1990. In the 1990s, the number of cheque
payments declined substantially, reflecting their replacement by EFTPOS payments. Given the decline
in the use of cheques, as well as the high processing costs, Dutch banks stopped issuing cheques in
July 2001 and terminated processing by the end of that year.
FA transactions
An FA transaction is a standard transaction for domestic interbank payments, eg call loans. FA
transactions can be entered by each participant in respect of accounts for which the participant is
entitled to authorise debit transactions. When entering the payment order, the account holder indicates
the desired priority. In the case of a standard FA transaction, the priority will usually be 2 or 3. Within
TOP, FA transactions may be scheduled. Scheduling means that the payer assigns a future value date
to the payment order. TOP records the transaction and queues it for processing on that future date.
Scheduled transactions may be withdrawn; for this reason, until the value date, the payee cannot
obtain information on scheduled credit transactions to its account.
Trade-for-Trade transactions
Trade-for-Trade (TfT) transactions concern the gross settlement of over-the counter (OTC) securities
transactions in the wholesale sector of the Euronext Amsterdam Stock Exchange. During the day, the
Dutch securities settlement institute, Necigef, sends batches of payment instructions arising from
securities transactions to TOP. The batches are sent through SWIFT. The payment orders are settled
individually in real time.
bulk payments by the Euronext Derivatives Clearing (OV) and the urgent payments from Interpay’s
special Telegiro circuit (TV, see Section 3.3).
With the “lot settlement procedure”, multiple net settlement was introduced on 1 October 2001; the
daily stream of transfers processed by Interpay is split into “lots” (DL and CL). Instead of once a day,
as is still the case for the settlement of the other ancillary systems, net settlement of retail payments
takes place around every 30 minutes. This procedure is further described in Section 3.3.
Net settlement transactions are handled in TOP as a “unit of work”. Settlement is effected as soon as
the appropriate proportion of account cover has been reserved for all accounts to be debited. Net
settlements are automatically assigned priority 1 and cannot be scheduled.
8007 transactions
An 8007 transaction (DP) is a payment order involving a cross-border payment where at least one
non-resident account holder is involved. “8007” refers to the code under which these transactions must
be reported to the Netherlands Bank for the compilation of the balance of payments. These
transactions do not affect the balance of payments as such, because they only refer to the domestic
transaction between the domestic party’s bank and the correspondent bank of the foreign party.
Cross-border transactions
In TOP, there are two types of cross-border transactions conducted through TARGET: Interlinking
customer payments (IC) and Interlinking interbank payments (IB).
Cross-border payments to countries which are not operating on the day in question are rejected by
TOP. Cross-border payments to countries which have not yet opened for operations but will be
operating on the day in question are accepted by the system.
In the Netherlands, cross-border TARGET payment orders can be sent to TOP through the SWIFT
network. Provided that the payer’s account cover is sufficient, TOP converts the cross-border payment
order into an interlinking message and reserves the required proportion of the payer’s account cover.
The interlinking message is sent to the NCB of the country where the payee holds an account. This
NCB credits the payee’s account and notifies the Netherlands Bank. TOP then lifts the cover
reservation and debits the payer’s account, sending the payer a debit note. The debit note is sent via
SWIFT. The few banks that do not have access to the SWIFT network may send their orders on tape
or on paper. DNB sends them paper-based debit notes.
payment orders in TOP as well, making the TES workstations that were formerly used to communicate
with TOP redundant. In the second half of 2001, the TES were discontinued.
TOPView was introduced by the Netherlands Bank in the spring of 2001. TOPView offers secured
browser-based access to payment information such as waiting queues and account balances.
Customers in a Windows environment are connected to a virtual private network (a secured network
over the internet). Authentication is effected by means of a digital certificate on a chipcard. This
communication channel cannot be used for credit advices or transfer orders, but banks can rearrange
their queues, change the prioritisation of their payments or cancel payments for future value dates.
With the latest release, in May 2002, banks can have an overview of their payments in TOP of the last
five working days.
the beneficiary of the irrevocable settlement. It is often used for paying relatively large amounts, for
example in real estate transactions. The guarantee does not involve any risk, because the system is
based on a collateralised credit facility, which is separated on a daily basis from the facility that
participating banks have at the Netherlands Bank. The formal settlement of these secured interbank
payments takes place once a day at the Netherlands Bank on a net basis.
In September 2000 the AEX, the BXS and the Paris Bourse officially merged into Euronext. A single
integrated market was formed, comprising a cash market for equities and bonds, a derivatives market
and a commodity market. Merging all the exchange-related activities is taking place in phases. The
first phase, introducing a single platform for trading with unified listing and trading rules, with the
former national exchanges becoming local entry points, was implemented during the course of 2001.
The second, unified clearing, is expected to be finalised by the end of 2002. Clearing of securities and
options will be centralised in Paris (Clearnet). The third phase, a single settlement and custody
platform, provided by Euroclear, is expected to be in place by the end of 2003. The cash settlements
will continue to take place in the systems of the NCBs and securities settlement will continue to be
executed across the books of the national depositories.
Since its launching, Euronext has expanded its European presence by taking over LIFFE, the UK
derivatives exchange, in December 2001 and merging with Bolsa de Valores, the Portuguese
exchange, in February 2002. Cross-membership and cross-access agreements have been signed with
the Luxembourg and Warsaw stock exchanges.
As the phased integration process is still under way, this section mainly describes the transition period.
4.1 Trading
acquired the London International Financial Futures and Options Exchange (LIFFE) and chose to
migrate to the LIFFE CONNECT electronic system. Euronext Brussels and Paris will introduce LIFFE
CONNECT in March and April 2003 respectively, with Amsterdam and Lisbon following at a later date.
Euronext’s and LIFFE’s derivatives markets will be integrated under the name Euronext.liffe.
Securities markets
Transactions in listed securities on the retail market must be settled through the Euronext order book.
With regard to the wholesale market, prices may be determined outside the Euronext Amsterdam
Stock Exchange. The exchange, however, must be notified of the transaction and the price at which it
was concluded. Prices of these so-called block trades may differ by only a certain percentage from the
order book prices. Euronext discloses the direct deal turnovers to the market to promote fair pricing in
the retail segment.
The Euronext Amsterdam Stock Exchange opens at 09:00 and closes at 17:30.
Financial intermediaries
Securities trading is conducted through admitted institutions, intermediaries authorised by Euronext
Amsterdam to perform certain functions. Two main categories of intermediaries can be distinguished:
brokers and dealers. Brokers trade exclusively on account of third parties, which can be other
members. Dealers are allowed to trade on their own account only and certain dealers act as liquidity
providers. Liquidity providers take positions against buyers or sellers, where necessary by entering
buy and sell prices in the electronic order book for a range of securities assigned to them by Euronext
Amsterdam. Apart from this functional difference, a distinction is made between securities credit
institutions and non-securities credit institutions, the difference being registration at the Netherlands
Bank. As the latter are not under the Netherlands Bank’s supervision, they need the cooperation of a
bank for the settlement of both their cash and their securities positions.
Trading systems
The NSC system is essentially an order-based system, which means that buy and sell orders are
placed in the electronic order book and prices are determined by matching of corresponding orders. In
the NSC system two different trade procedures exist: continuous trading and auction trading. The
more liquid securities are continuously traded, whereby orders are directly matched in the electronic
order book and price determination is a continuous process. Less liquid securities are traded in
auctions. All incoming orders are collected in the electronic order book and auctioned twice a day. To
enhance liquidity, Euronext Amsterdam has introduced a liquidity providing system (ELPS). For certain
securities, traders act as liquidity providers, which means that they are obliged to quote prices in these
securities when liquidity is low. This introduces a quote-driven element into the system. In a quote-
driven system prices are determined by the quotations made by market-makers or dealers.
Derivative markets
Euronext Amsterdam Derivative Markets N.V. is responsible for organising trading in derivatives, a
category which includes options on shares, bonds, precious metals and currencies, as well as financial
and agricultural futures. Options and futures are also traded on a number of indices, such as the AEX
index, which measures the performance of 25 leading Dutch companies.
Financial intermediaries
Three main categories of intermediaries can be distinguished: brokers, traders and public order
correspondent members (the last mentioned only exist on the option market). Brokers can be divided
into introducing brokers and executing brokers. An introducing broker trades derivatives on account of
third parties and on its own account. The orders of an introducing broker are carried out through the
services of an executing broker, which executes trades on its own account or for other members.
Public order correspondent members trade options through the services of an introducing broker, on
their own account or on account of third parties. Traders only trade on their own account and some
traders act as liquidity providers. Their main function is to ensure that quotes, in option classes
assigned to them, are continuously available.
Trading systems
Contrary to the Euronext Amsterdam Stock Exchange, Euronext Amsterdam Derivative Markets is still
not fully screen-based. Trading is conducted centrally either on the exchange floor on an open outcry
basis or via the screen-based system, with a high level of computerisation in the area of order routing.
In order to ensure that investors are always able to trade, the derivative markets require that liquidity
providers provide continuous bid and offer prices, or quotes. The order routing system on Euronext
Amsterdam Derivative Markets, Switch, is a system with a fully computerised order book. Orders are
submitted electronically and completed transactions are confirmed in the same way. Limit orders
which cannot be executed immediately can be placed in the electronic order book.
On 26 November 2001, Euronext launched a pilot project with some options categories migrating to
fully screen-based trading. Due to the success of this pilot, full migration to electronic trading will be
achieved three months earlier than originally planned; by the end of 2002, all the products that are
quoted on Euronext Amsterdam Derivative Markets will be traded electronically. At a later date
derivatives trading on Euronext Amsterdam will migrate to LIFFE CONNECT.
Trading in financial futures takes place between executing brokers and traders. Brokers and traders
quote their prices and conclude transactions. Traders and brokers also specify the number of
contracts covered by the prices they quote. Prices are quoted in competition with other traders.
Trading in financial futures is fully screen-based.
Trading on the agricultural futures market also takes place (since August 2002) through a fully screen-
based system. Investors can buy and sell futures on potatoes and pigs, or trade options having potato
futures as their underlying instrument. In terms of volume, the Amsterdam agricultural futures market
was Europe’s second largest exchange for agricultural products in 2000.
Euronext Amsterdam Derivative Markets also allows professional parties to conclude options contracts
outside the central market and still present them for settlement at the Exchange. These are referred to
as OTC (over-the-counter) transactions. In the Euronext Amsterdam Derivative Markets these OTC
transactions are referred to as professional (or “Prof”) transactions. These contracts must fully comply
with the Exchange’s standard specifications with regard to maturity, underlying instrument and
exercise price. In the “Prof” system, transactions are settled in the same way as Exchange
transactions. Contracts on the OTC market are negotiated by the market participants in bilateral
consultations. On the OTC market, there is more choice and flexibility.
4.2 Clearing
derivatives (integrating positions and risks on different markets). Clearing21 is used in Brussels and
Paris and has been in use in Amsterdam for the securities market since 25 October 2002. Prior to that
date, the national clearing system was in use. With regard to the options market, Euronext plans to
complete the integration of the clearing institutions by the end of 2003.
Clearing members
Similarly to securities clearing, options clearing is based on a system of clearing members. Clearing
members are exchange seatholders and must meet special requirements in the areas of expertise,
risk management and capitalisation. Their responsibility is to settle transactions for their own account
and for third parties. Seatholders which are not clearing members have to make arrangements with a
clearing member for the settlement of their transactions.
Clearnet guarantees that every transaction it accepts will be completed (by virtue of its principal-to-
principal relationship with clearing members). It acts as the counterparty to every buyer and seller.
Clearing members give their customers the same guarantee. Clearnet requires collateral for positions
in options and futures, as stipulated in a set of risk management rules. Margin requirements are a vital
aspect of this system, providing a buffer against the risks involved in options and futures trading.
Professional parties qualify for special arrangements, which are geared to the specific needs of the
OTC market in options. Under the terms of the “Prof” regulation, for example, contracts with the same
specifications as exchange-traded contracts can be traded OTC and still be presented to the
Exchange for clearing.
Clearing and settlement of commodities market transactions takes place through the EA Commodity
Clearing, formerly known as NLKKAS, which combines a clearing house function with a clearing
member function.
4.3 Settlement
Exchange settlement
The vast majority of all settlements at Clearnet are processed using the netting system. Settlement
consists of the delivery of the relevant securities to the Stock Clearing, which delivers the securities to
the designated recipient. The Stock Clearing determines the amount of the different securities that
each clearing member should deliver or receive and determines the countervalue in euros of every
delivery or receipt. At the end of the day, all positions held at the Stock Clearing are netted.
Transactions are settled on a net basis on T+3, ie on the third trading day after the transaction. The
Stock Clearing also initiates cash settlement between the deliverer and recipient. Settlement vis-à-vis
the common counterparty takes place on a DVP basis. Money transactions in euros are handled by
the Netherlands Bank. In 2001, the volume of these settlements amounted to 10,426 for the Stock
Clearing and 1,409 for the Derivatives Clearing. The exchange transactions can be conducted from
21:00 until 17:30.
Off-exchange settlement
In addition to the settlement of on-exchange transactions and free-of-payment transfers, Necigef offers
a facility for DVP settlement of off-exchange transactions, called TfT (Trade-for-Trade), in cooperation
with the Netherlands Bank. Each transaction is settled individually. Securities are transferred between
accounts kept at Necigef, while funds transfers are made in real time via the accounts held by the
relevant Necigef participants at the Netherlands Bank. As transfers made in Necigef and in TOP are
final and irrevocable, there is no counterparty risk. In 2001, the Netherlands Bank settled 1.5 million
TfT transactions with a total value of EUR 890 billion. TfT transactions can be made between 20:30
and 22:00 and 7:00 and 15:30.
on behalf of Necigef participants. When banks deposit securities held by their customers with the
depository, book-entry positions appear which make it possible to settle securities transactions by
book-entry transfer. When the depository declares that securities have been admitted to the book-
entry transfer system, these securities are governed by the Dutch Securities Giro Act. This means that
the investors in those securities are joint owners of the securities in the system and their ownership
rights will not be affected if their bank or the depository goes into receivership. Consequently, there is
no counterparty risk in this settlement system.
The vast majority of all Dutch securities are registered at Necigef. In December 2001, the total number
of issuers registered was 2,884. Securities and bonds in custody accounted for a total value of EUR
820 billion (securities valued at market price and bonds at nominal value). The sharp fall in physical
securities movements and the need to improve efficiency have led many issuers to eliminate physical
certificates (dematerialisation). This is often done by replacing the original certificates with a single
global note. The adaptation of the Securities Transfer Giro Act in November 2000 made full
dematerialisation possible for the first time. The shift from bearer securities to book entry-type
securities now has a legal basis.
Necigef is linked to CSDs in Austria, Belgium, Finland, France, Germany, Switzerland and the United
Kingdom.
Collateral requirements
In order to secure the settlement of transactions, Clearnet requires clearing members to provide
collateral for the fulfilment of margin obligations and as a contribution to the clearing fund.
The clearing organisation acts as the CCP in transactions. In the event of default by one of the parties,
it may itself have to purchase the securities to be delivered by the defaulting party or, in the case of an
obligation to purchase, to sell the purchased securities. Consequently, it is also exposed to market risk
arising from unexpected price movements. To that end, it obliges clearing members to provide
collateral to equalise the margins required to fulfil the financial obligations. These margins are
calculated on the basis of the obligations ensuing from positions taken (initial margin) and from non-
realised profits and losses (variation margin). The collateral may consist of underlying instruments
(cover on Euronext Amsterdam), domestic or foreign securities, or debt instruments.
In addition to margin requirements, a clearing fund has been established, which serves as a
supplementary form of guarantee. It provides a joint guarantee to the clearing members in return for
which they are required to pledge securities as collateral (Tier 1 and Tier 2 assets). The clearing fund’s
size is computed on the basis of contributed risk.
The total clearing fund of the Stock Clearing should at least cover the price risk that arises for the
clearing member with the largest position. This fund amounts to a minimum of EUR 70 million. The
total clearing fund of the Derivatives Clearing is calculated on the basis of clearing members’ average
number of open options in a certain option fund or option series multiplied by a fixed amount per
contract. The clearing fund of the Options Clearing has no minimum level and currently stands at
EUR 300 million.
Settlement bank
The Netherlands Bank acts as a settlement bank for Euronext Amsterdam Stock and Derivatives
Clearing. Every working day, early in the morning, the Netherlands Bank settles the outcome of both
clearing processes in TOP. As mentioned above, off-exchange transactions are settled on a gross
basis at the Netherlands Bank as well.
Management of collateral
The Netherlands Bank manages the collateral for both Euronext Amsterdam Stock Clearing’s and
Derivatives Clearing’s margin obligations as well as for both clearing funds. Clearing members meet
their margin requirements by means of a guarantee based on collateral deposited at the DNB in the
form of book-entry securities. Banks keep their collateral - which can be used for exchange-related
purposes, but also for Eurosystem monetary policy operations and intraday credit for payment
purposes - on a collateral account at the Bank.
Guarantee model
The Netherlands Bank, in collaboration with Clearnet, introduced the so-called “DNB offer” or
“guarantee model” on 22 January 2002, as an extension to its collateral management function. Under
this model, clearing members with branches in other Euronext countries can meet their collateral
requirements by a guarantee based on collateral deposited centrally in one of the Euronext countries.
This enhances the efficiency of their liquidity management, as they do not have to allocate collateral
for the exchange under different jurisdictions. The information about the respective amounts of the
Margin and Clearing Funds are transmitted to Clearnet Paris. The Netherlands Bank differs from the
other central banks involved in that the Bank freezes every morning exactly the amount it receives
from Paris for the trades of the coming day.
Liquidity arrangement
In the event that a clearing member can no longer meet its settlement obligations, a liquidity problem
arises at Clearnet, which has to be resolved as though it were a potential systemic risk. Although
Clearnet has sufficient collateral - under the margin and clearing fund structure - to bear the financial
consequences, it would need a large amount of cash at short notice in order to complete the
settlement of funds transfers with clearing members before the exchange opens. To that end, the
Netherlands Bank provides intraday liquidity, one of the fundamental requirements set by the overseer
in the context of risk management, up to a maximum value of EUR 68 million. In the event that
overnight liquidity were required, this would be provided by Clearnet.
Table of contents
List of abbreviations
Introduction
A payment system comprises the cultural, political, legal, economic and business practices and
arrangements used within a market economy to determine, store and exchange value or ownership of
goods and services. In its simplest form, a payment stems either from a trade between buyers and
sellers in a market or from a financial obligation.
Modern payment systems in a market economy can be modelled in three major segments: first, the
instruments used to deliver payments; second, the clearing and settlement process involved in a
payment transaction; and finally, the actual transfer of funds between institutions.
Singapore’s payment system has evolved over the years, driven by technological progress, changing
consumer needs and development of new financial activities. It has changed from one that was based
essentially on paper and cash transactions to one today that has a diverse range of cashless payment
instruments, as well as efficient and reliable clearing and settlement systems.
In Singapore, the common methods of making retail payments besides using currency comprise
cheques and interbank GIRO debit and credit transfers as well as payment cards (stored value, debit
and credit cards). Banks’ customers can also use their debit cards to make third-party account funds
transfers and to make bill payments to selected commercial and government entities via the ATMs.
More recently, banks’ customers have been able to make bill payments and third-party funds transfers
through their telephone, mobile and internet banking services.
The Monetary Authority of Singapore (MAS) operates a real-time gross settlement system, MAS
Electronic Payment System, for large-value local currency interbank fund transfers and the settlement
of scripless Singapore Government Securities.
With the increasing trend towards electronic transactions, digital signatures are becoming more
important, both for identification purposes and to serve as an alternative to hand-written signatures.
Digital signatures are also useful in preventing unauthorised alteration of the contents of electronic
documents. On 10 July 1998, the Electronic Transactions Act was enacted to provide for the legal
recognition of digital signatures and establish the framework to facilitate electronic commerce
transactions in Singapore.
The Central Depository (Pte) Ltd (CDP), a wholly owned subsidiary of the Singapore Exchange (SGX),
operates the securities clearing and settlement systems for securities listed or quoted on Singapore
Exchange Securities Trading Ltd (SGX-ST), including equities, corporate debt securities and other
instruments such as warrants and exchange traded funds.
MAS regulates CDP as a clearing house under the Securities and Futures Act (SFA).
MAS is the fiscal agent of the Singapore government. MAS is empowered by the Development Loan
Act and the Government Securities Act to undertake the issue and management of Singapore
Government Securities (SGS) on behalf of the government. MAS also operates the securities clearing
and settlement systems for SGS and ensures that participants comply with the rules and practices of
the SGS market.
clearing systems; it is also responsible for the Singapore Automated Clearing House (SACH), which
operates the Singapore Dollar Cheque Clearing System, the US Dollar Cheque Clearing System, and
the Interbank GIRO System.
1.4.1 Banks
Singapore’s payment landscape is predominantly the domain of banks.
Commercial banks in Singapore are allowed to engage in a wide range of financial services. These
include traditional banking services such as loans and deposits, and investment banking business
such as underwriting and distribution of equity and debt securities, corporate finance, fund
management and unit trust management. As at end-December 2000, there were 134 commercial
banks in Singapore, eight of which were locally incorporated.
Commercial banks are licensed under the Banking Act (Chapter 19). Their activities are also governed
by MAS’ Notices to Banks and guidelines issued from time to time. There are three categories of
commercial banks in Singapore: full banks; wholesale banks; and offshore banks.
Banks are currently the only institutions able to process across all segments of the payment process
chain (acquisition, processing, clearing and settlement). However, new payment service providers are
expected to play a greater role in the coming years.
In June 2001, MAS further announced that it had awarded another two banks QFB status and grant all
1
QFBs enhanced privileges in branching and establishing offsite ATMs. In addition, from 1 July 2002,
QFBs are allowed to provide debit services on an EFTPOS services. Restricted and offshore banking
licences (including QOB) will be consolidated into a new wholesale banking licence. Wholesale banks
will be able to engage in all activities of the restricted banks. For a start, all current restricted banks are
renamed wholesale banks and MAS will issue a further 20 wholesale banking licences within the next
two years, with priority accorded to existing QOBs.
(More information on the banking liberalisation programme, including how new licences are granted,
can be found on the MAS website at www.mas.gov.sg.)
2.2.1 GIRO
The Interbank GIRO (IBG) system is an offline interbank payment system catering mainly for low-value
bulk payments. IBG allows a customer of a participating bank to transfer funds, through direct debits or
credits, to or from the accounts of customers of any other participating bank. The IBG can be broadly
separated into two classes according to the type of transfers: direct debit transfers and direct credit
transfers.
1
With the second phase of banking liberalisation, each QFB is permitted to establish up to 15 locations, of which up to 10 can
be branches. The 15 locations can include both branches and off-site ATMs. The sub-limit of 10 branches can include
branches and limited-purpose branches.
Some banks have recently offered direct crediting services to their individual customers, mainly
through internet banking and ATMs. These individual instructions are processed together with the bulk
credit instructions for that day.
The number of IBG transactions processed in 2000 was 30 million, for a value of SGD 72 billion.
2.2.4 Cheques
Cheques are commonly used in Singapore by consumers for bills and small-value payments and
among businesses for regular payments such as purchases of goods and services.
The number of cheques cleared by the SACH increased by more than 70% from 1989 to 1999. This
can be attributed to the increased economic activity in Singapore in that period.
In 2000, 91 million cheques for a total value of SGD 453 billion were processed by the SACH.
2
Development Bank of Singapore, Oversea-Chinese Banking Corporation and United Overseas Bank.
3
selected EFTPOS terminals and automated kiosks provided by NETS as well as some mobile phones
and over the internet.
Over the years, CashCard has gained increasing acceptance in Singapore. In 2000, the number of
CashCard transactions was 100 million for a total value of SGD 174 million.
With the incorporation of Visa’s stored value mark, Visa Cash, and the adoption of the open Common
Electronic Purse Specifications (CEPS), CashCard holders will also be able to transact overseas in the
near future.
3
These automated kiosks include CashCard Automated Machines, NETS Kiosks and CashCard Service Terminals.
4
To own a motor vehicle in Singapore, a COE is required. COEs are awarded based on monthly bidding.
Banks’ current accounts held with MAS are structured to facilitate RTGS payments. Within each
current account, there are two sub-accounts: the reserve account and the RTGS account. The banks’
5
intraday Minimum Cash Balances (MCB) requirement, if any, is maintained in the reserve account.
Funds exceeding the intraday MCB requirement in the reserve account are transferred at the start of
the day to the RTGS account, where they may be used for the settlement of MEPS payments. On an
intraday basis, banks may also draw down the full MCB amount in their reserve account to make
payments.
3.2.4 Operation of the transfer system and the transaction processing environment
Each participating bank has a front-end system linked to the central host computer at MAS. The
front-end system allows a bank to perform data entry, submit payment instructions and make online
account enquiries. Submitted payment instructions that are not able to settle due to insufficient funds
in a bank’s account are queued with priority assigned by the participating bank. All queued instructions
are settled according to their assigned priority levels on a first-in-first-out (FIFO) basis. The queuing
mechanism has the following levels of priority:
Level Type of transactions
1 Transactions with MAS
2 Cheque/Interbank GIRO (IBG) transactions
3 Banks’ urgent transactions
4 SGS transactions
5
Under Section 40 of the Banking Act, all banks in Singapore are required to maintain MCB with MAS calculated as an
average fortnightly amount. On a day-to-day basis, a bank's closing MCB is allowed to vary within a band of 1% above or
below the required 3% MCB, ie the closing MCB balance on any day should not drop below 2% of the liabilities base and
any balance in excess of 4% will not be counted towards the fortnightly average. The average closing MCB balance held
over the fortnightly maintenance period must be at least 3% of the liabilities base.
6
Under Chapter 19 of the Banking Act, as part of the MLA requirements, all banks in Singapore must hold Singapore
Government Securities equal to at least 10% of total liabilities, of which 5% must be outright holdings of SGS. The
remaining SGS may be held under reverse repo transactions.
indirectly in the SGDCCS using another participating bank as an agent bank. As at December 2000,
there were 41 direct participants and 71 indirect participants in the SGDCCS.
The SGDCCS is a national cheque clearing system. It was automated in 1982 with magnetic ink
character recognition (MICR) technology. In 1992, it was further enhanced with the establishment of
the Electronic Clearing System (ECS). ECS facilitates the electronic transfer of cheque MICR data
from banks to the SACH for processing.
The clearing system was further improved in 1997 when BCS launched the image clearing system.
This system allows the image of the inward cheques to be captured on a CD-ROM and sent to the
paying banks for verification. This process improves the efficiency of the inward cheque clearing
operation. It currently takes one working day for a Singapore dollar cheque to be cleared and funds to
be released to the payee.
The clearing and settlement process of a SGD cheque is as follows:
(1) The payer sends a cheque to the payee.
(2) The payee deposits the cheque at the presenting bank, which credits the payee’s account
provisionally (“on hold” cheques).
(3) The presenting bank sends MICR information (ECS data) of cheques to the SACH. For
banks sending ECS data, the corresponding physical cheques can be sent to the SACH later
in the day.
(4) After clearing the cheques and determining the net settlement amount for each participating
bank, the SACH sends the net clearing figures to MEPS for broadcast and settlement.
(5) The SACH processes and sorts the ECS data and physical cheques and these are available
for collection by the relevant paying banks that evening.
(6) If the paying bank rejects a cheque, it will return the unpaid cheques to the presenting bank
through the SACH by 12:00 the next day.
(7) The SACH will process the returned cheques and forward them to the respective presenting
banks. The settlement amount for both paying and presenting banks will be adjusted
accordingly by the SACH in the figure sent to MEPS that day.
(8) If the cheque is cleared successfully, the payee can withdraw the “on hold” funds after 14:00
on the second business day.
The SACH will transmit the multilateral net positions of all direct and indirect participants to MEPS
twice a day on weekdays and once on Saturdays. The cut-off time for transmission of ECS data to the
SACH for midday clearing is 14:30 on weekdays (there is no midday clearing on Saturdays). Midday
multilateral net settlement positions are broadcast across MEPS at 15:05 and banks have until 15:45
to fund any net debit positions, whereupon final settlement is effected. For end-of-day cheque
clearing, there are two cut-off times for transmission of data to the SACH: one for non-ECS physical
cheques at 16:00 and one for ECS data at 16:45 on weekdays (12:30 and 13:15, respectively, on
Saturdays). End-of-day multilateral net settlement positions are broadcast across MEPS at 17:45
(14:05 on Saturdays) and banks have until 18:15 (14:30 on Saturdays) to fund any net debit positions,
whereupon final settlement is effected.
A deposited cheque will accrue interest from the day it is deposited. However, cheques are not
considered paid until the paying bank has had time to validate the cheque and the drawer’s capacity to
cover it. Paying banks will only notify presenting banks on an exception basis, ie only if the cheque
has been dishonoured (see points 6 and 7 above). Generally, “cleared funds” are released at 14:00
the next business day.
· The POSB-DBS ATM network, which was established following the merger of POSB and
DBS in 1998. This network is a proprietary-based network; and
· The ATMNETS network, a shared ATM service of the other two local banks (United
Overseas Bank and Oversea-Chinese Banking Corporation).
For transactions using the ATMNETS network, the switching is done by NETS. When a cardholder
performs a transaction at an ATM of another bank, NETS switches the transaction to the issuing bank
for authorisation, which involves verification of the PIN, checking that sufficient funds are available and
authentication of the transaction. The issuing bank then sends its response back via NETS, which
switches it to the ATM being used, and the transaction is completed.
If cardholders perform transactions at their own bank’s ATMs, these do not require any switching, as
the issuing bank is able to approve them directly.
ATMNETS transactions are cleared by NETS. NETS calculates the multilateral net settlement
positions for each member bank. The net amount is then provided to DBS for direct debiting/crediting
of the member banks’ accounts with DBS. Member banks then manage their nostro accounts at DBS
through MEPS.
Cirrus and Plus transactions are cleared by Mastercard and Visa respectively on a similar principle to
NETS. When currency conversions are necessary, the London interbank rate is used. Settlement for
these transactions is conducted through the respective card schemes’ settlement banks.
3.3.5 EFTPOS
NETS’ EFTPOS service was publicly launched in 1986. Currently, NETS owns more than
20,000 EFTPOS terminals, with approximately 9,200 merchants in over 12,000 outlets.
EFTPOS transactions acquired on NETS terminals are routed to NETS for processing. The routing
arrangements vary depending on the card type used in the transaction:
· For debit cards issued in Singapore, NETS dispatches the transaction for authorisation to the
issuing bank. The issuing bank verifies the PIN, checks that sufficient funds are available,
verifies that the transaction is not fraudulent, debits the cardholder’s account and informs the
merchant of the successful transaction, who in turn delivers the goods/services to the
cardholder.
Debit card point of sale transactions are settled across accounts held with NETS’ settlement
bank, DBS. NETS clears local debit card and stored value card transactions and settlement
occurs via debiting/crediting of the banks’ accounts with DBS:
– NETS first performs multilateral netting to determine a net settlement amount for each
member bank.
– The net amount is then submitted to DBS for debiting/crediting of the member banks’
accounts.
– Member banks then manage their nostro accounts at DBS through MEPS.
· For Maestro cards and Amex and Diners charge cards, NETS routes the transaction to the
respective card processor. The card processor, on behalf of the issuing bank, checks the
payment limit, verifies that the transaction is not fraudulent and authorises the merchant to
deliver the goods/services. Settlement for these transactions is conducted through the
respective card schemes’ settlement banks.
3.3.6 Main projects and policies being implemented - Cheque Truncation System
The Singapore Clearing House Association and the Association of Banks in Singapore are jointly
developing a Cheque Truncation System (CTS) targeted for implementation in February 2003. The
CTS is a cheque clearing system where electronic images of the cheques are captured at the point of
deposit and transmitted throughout the entire clearing process. Physical movement of paper cheques
will be reduced, resulting in a more efficient cheque clearing cycle.
The securities market of Singapore comprises Singapore Government Securities (SGS), corporate
debt securities, equities and derivatives products.
The two main providers of securities settlement systems in Singapore are MAS and the Central
Depository (Pte) Ltd (CDP).
(1) The MEPS-SGS subsystem at MAS clears and settles SGS trades on a DVP basis.
(2) The CDP is the clearing house for Singapore equities, corporate debt securities and
derivatives products and has the following systems for clearing and settlement:
· Institutional Delivery Affirmation System (IDAS), which is used for custody and
settlement of equities traded by institutional clients;
· Debt Securities Clearing and Settlement System (DCSS), an electronic book-entry
system for the custody and settlement of Singapore dollar statutory board and
corporate debt securities; and
· Clearing Operations and Risk Evaluation system (CORE), the clearing system for all
derivatives contracts.
4.1.1 Trading
MAS issues T-bills and bonds on a regular basis. Three-month T-bills are issued weekly, whilst
one-year T-bills and two-, five-, seven-, 10- and 15-year bonds are issued according to an annual
issuance calendar, which is usually announced in September for the following year. The exact size of
each T-bill and bond auction is typically announced a week ahead of the scheduled auction date.
Auction announcements are made via MAS’ website and major local newspapers. SGS are not listed
on the Singapore Exchange and trading of SGS is done on an over-the-counter (OTC) basis.
SGS primary dealers play a critical role in the growth and development of the bond market by carrying
out the following functions:
(i) Providing liquidity to the SGS market by quoting two-way prices under all market conditions;
(ii) Underwriting issuance at SGS auctions;
(iii) Providing market feedback to MAS; and
(iv) Assisting in the development of the SGS market.
There are 18 approved secondary dealers among banks, merchant banks and stockbroking firms. In
addition, another 98 banks maintain book-entry SGS accounts with MAS for their own trading. Apart
from the dealers and brokers, other market participants include finance companies, insurance
companies, fund managers, corporations and individuals.
4.1.2 Pre-settlement
Trade confirmation is performed using the MEPS-SGS system. The bond seller keys in the agreed
trade details into MEPS-SGS. The bond buyer confirms the same trade in the system. After
confirmation, trades move into the settlement phase.
4.1.3 Settlement
The MEPS-SGS system holds government bonds and facilitates the instantaneous and irrevocable
transfer of SGS and is linked to the MEPS system to provide DVP for SGS transactions. Under the
scripless settlement system, crediting or debiting the securities owner’s account through computerised
book entries will effect any transfer of securities. The users of the system can choose either
DVP-based or FOP-based settlement in the MEPS-SGS system. DVP settlement of SGS transactions
occurs on an electronic basis over MEPS and MAS-SGS book-entry clearing system. FOP settlement
involves a transfer of SGS without a corresponding funds transfer instruction.
The MEPS-SGS system opens at 09:00 daily to process SGS transactions with payments.
Participating banks of MEPS need to maintain two accounts in the MEPS-SGS subsystem:
· SGS-MLA account
7
To maintain SGS for compliance with the MLA requirements.
· SGS-Free account
SGS holdings in excess of the minimum MLA requirements are maintained in the SGS-Free
account. SGS holdings in this account can be used for settlement.
Banks can only sell SGS in the SGS-Free account. Transfers of SGS from the SGS-MLA account to
SGS-Free account can only be effected if the value of the remaining SGS in the SGS-MLA account is
equal to or exceeds the prudential requirement of 10% of liabilities. If this prudential requirement is not
met, the transfer is rejected by the system.
If the seller of SGS has insufficient SGS for delivery, the transaction is queued in MEPS until sufficient
SGS are made available in the seller’s SGS-Free account. When the seller’s SGS-Free account has
sufficient SGS, the SGS are earmarked for transfer to the buying bank and an IFT payment message
is sent to MEPS.
If the buying bank has insufficient funds to pay for the SGS purchase, the payment is queued in
MEPS. When the funds become available, the amount is debited from the buyer’s RTGS account and
credited to the seller’s RTGS account. The MEPS-IFT subsystem will simultaneously notify the
MEPS-SGS subsystem to transfer the securities to the purchasing bank. The settlement date
convention for SGS transactions is T+1.
4.2.1 Trading
There have been several landmark bond issues by supranationals and foreign corporates, as well as
public sector statutory boards. In 2001, total Singapore dollar and non-Singapore dollar-denominated
debt issuance was SGD 21.9 billion and SGD 58.7 billion, respectively. Trading of corporate and
statutory bonds is done on an OTC basis.
4.2.2 Pre-settlement
Both the securities buyer and seller input settlement instructions, containing key details of the trade,
into the Debt Securities Clearing and Settlement System (DCSS). Upon matching of the settlement
instructions, the seller’s debt securities are earmarked and the transaction proceeds on to settlement.
Matched instructions can only be revoked by the buyer.
4.2.3 Settlement
DCSS commenced operations in 1998 and is an electronic book-entry system for the custody and
settlement of Singapore dollar bonds, replacing the need for physical delivery of bond certificates.
Bond transactions can be settled on a DVP or FOP basis. All exchange-listed corporate debt securities
7
Please refer to footnote 6.
transactions are settled on a DVP basis. Cash settlements for trades occur in MEPS. Funds are
transferred via MEPS-IFT while securities are simultaneously transferred via the DCSS book-entry
system on a gross trade-for-trade basis. A real-time DVP arrangement is achieved through a live
leased line linkage between DCSS and MEPS. On a FOP settlement basis, the transacting parties use
CDP only for securities transfer and arrange for funds transfer separately.
International central securities depositories (ICSDs) such as Euroclear and Cedel also participate in
the Singapore securities market through their respective depository agents in Singapore. The ICSDs
have indirect linkages with CDP through their depository agents, which facilitate clearing and
settlement for international investors. Transactions can be settled on a DVP or FOP basis.
4.3 Equities
4.3.1 Trading
The Singapore Exchange (SGX), via its subsidiary Singapore Exchange Securities Trading Limited
(SGX-ST), provides an electronic platform for the trading of equities. SGX-ST provides a market in a
wide range of domestic and foreign securities that are traded on a scripless basis. As at end-March
2001, SGX-ST had 35 member companies and 47 non-member companies. Members and
non-member companies are licensed as dealers by MAS under the Securities Industry Act. As at
end-June 2001, there were 491 companies listed on SGX, with market capitalisation of
SGD 361 billion.
All securities certificates are deposited with CDP, a subsidiary of SGX. Under the scripless settlement
system, crediting or debiting the owner’s account through computerised book entries will effect any
transfer of securities. CDP operates as a central nominee and all deposited securities at the CDP are
registered in its name. CDP holds the securities on the owner’s behalf but it does not have any rights
over them.
In December 2001, SGX and the Australian Stock Exchange (ASX) established an active electronic
link between the two exchanges’ trading and settlement systems. The link allows investors in
Singapore and Australia to co-trade selected securities in each other’s market directly, through brokers
in their own countries, whenever the respective markets are open.
4.3.2 Pre-settlement
The clearing process begins with trade matching, which occurs immediately upon execution of the
trade in the Singapore Exchange Securities Order Processing System (SESOPS), a fully automated
trading platform. Once the trade is matched, CDP, through novation, becomes a counterparty to each
side of the transaction, thus guaranteeing performance to the brokers on each side of the trade.
4.3.3 Settlement
Participants in the clearing and settlement framework
· SGX member companies
SGX member companies’ participation in the system is compulsory.
· Clearing members
Only SGX member companies are clearing members of CDP.
· Principals
Principals are custodian banks approved by CDP to settle trades on a DVP basis for their
clients. Participation is optional and is by application to CDP.
· Settlement banks
Settlement banks are selected by CDP to facilitate the funds settlement between CDP and
the principals.
· Clearing bank
The clearing bank is appointed by CDP to settle funds transfer between principals’
settlement banks and CDP.
4.4 Derivatives
4.4.1 Trading
The trading of derivatives products is carried out on the Singapore Exchange through its subsidiary,
Singapore Exchange Derivatives Trading Limited (SGX-DT). SGX-DT provides investors in Singapore
with risk management and trading facilities, offering futures and options contracts covering interest
rates, currencies, stock indices and energy. Trading is mostly done on the exchange’s Electronic
Trading System (SGX ETS). All SGX-DT members may gain direct access to SGX ETS. Corporate
non-clearing members, commercial associate members and individual non-clearing members must
apply through clearing members. Institutions which are not members of SGX-DT may apply for direct
access through an SGX-DT clearing member.
4.4.2 Pre-settlement
SGX Derivatives Clearing (SGX-DC), a subsidiary of SGX, is responsible for clearing of derivatives
products. SGX-DC assumes the role of counterparty to all executed trades. Novation occurs as soon
as a trade is matched in the SGX ETS system and transmitted to SGX-DC. As a consequence, all
financial obligations arising from the transaction are guaranteed by SGX-DC.
4.4.3 Settlement
SGX-DC revalues all positions carried on clearing members’ books on a daily basis by margining and
marking to the latest market prices. SGX-DC computes daily the amount which each clearing member
had made or lost on trades executed that day and on open positions brought forward using the
settlement price. Every clearing member’s margin requirements are subsequently recomputed.
At the end of each clearing cycle, credit/debit instructions are sent to SGX-DC’s settlement banks to
instruct them to credit/debit clearing members’ accounts for mark to market profits/losses and margin
calls. Upon receiving these settlement instructions, each settlement bank is required to confirm to
SGX-DC within a stipulated time via SWIFT that they are able to carry out the instructions. Rules of
the Exchange will be used to handle a situation where a settlement bank cannot provide confirmation
to SGX-DC for any clearing member by the deadline.
Table of contents
List of abbreviations
Introduction
In terms of transaction volumes, the Swedish payment system is dominated by the giro systems, the
Bankgirot system and the Postgirot system, which account for more than 71% of all non-cash
transactions. A growing proportion of the transactions in both systems are initiated electronically -
around 86% in terms of value - and both the Postgirot and the Bankgirot administer systems for credit
transfers initiated electronically via the internet.
Bankgirocentralen, BGC AB (BGC), adopted a new clearing platform in 1999 for retail payments that
will allow a full integration of all systems involved in the clearing and settlement cycle.
While the number of cheque transactions is now very low in Sweden, debit cards linked to bank
accounts have gained in importance. Increasing automation is the main driving force, with the number
of EFTPOS terminals in shops and at other points of sale increasing considerably over the past
decade.
Sveriges Riksbank, the central bank of Sweden, owns and runs the RTGS system, RIX, which started
operating in 1990. Since 1999 the RIX system has consisted of two parallel but separate systems:
K-RIX for settlement in Swedish kronor and E-RIX for settlement in euros. Via E-RIX, the RIX system
is linked to the ESCB’s TARGET system.
Stockholmsbörsen AB, formerly OM Stockholmsbörsen, runs the Swedish stock exchange, the
derivatives market and the new electronic inter-dealer exchange for government benchmark bonds.
This same entity clears and acts as the central counterparty for derivatives transactions. Prior to 1998,
the derivatives exchange and the stock exchange were two separate entities.
Stockholmsbörsen AB is part of an alliance of Nordic stock exchanges known as NOREX. The other
members are the Copenhagen Stock Exchange, the Icelandic Stock Exchange and Oslo Börsen.
Alliance members have a joint equity trading system and harmonised trading and membership rules.
The Swedish CSD, VPC AB (VPC), is a clearing organisation operating the SSS, called the VPC
system. Equities, bonds and money market instruments are all dematerialised in the VPC system.
The Riksbank has two separate roles in the payment system: an oversight role and an operational
role. The Riksbank was reorganised in mid-2000 in order to make the distinction between these two
roles clearer. One result of the reorganisation is that the tasks and responsibilities associated with
these roles have been assigned to two separate departments. The Financial Stability Department is
responsible for the oversight role, while the Market Operations Department performs the operational
functions.
1. Institutional aspects
The Ministry of Finance is the Swedish government office responsible for, inter alia, legislation
regulating the financial sector (credit institutions, securities firms, funds management, stock
exchanges, clearing houses and insurance companies).
1.1.2 The legal framework for the payment and settlement systems infrastructure
The principal laws forming the legal framework for the payment and settlement systems infrastructure
are listed and described briefly below:
· The Sveriges Riksbank Act (Lagen om Sveriges riksbank, 1988:1385). This Act states that
the Riksbank shall, inter alia, “promote a safe and efficient payment system”. The Riksbank
may provide settlement system facilities and participate in the settlement of payments. It may
also grant intraday credit to participants in the system against adequate collateral. A credit
institution or any other company supervised by Finansinspektionen has an obligation, upon
the request of the Riksbank, to provide the Riksbank with such information as the Riksbank
considers necessary in order to ensure the stability of the payment system.
· The Settlement Systems Act (Lag om system för avveckling av förpliktelser på
finansmarknaden, 1999:1309). This Act is based on the EC Directive on settlement finality in
1
payment and securities settlement systems. It governs the registration and approval of
systems used for clearing and settling transactions with financial instruments.
· The Exchange and Clearing Operations Act (Lag om börs- och clearingverksamhet,
1992:543). This Act regulates the authorisation of exchanges or markets in which financial
instruments can be traded. Clearing services can only be provided by Sveriges Riksbank or
by institutions which have been authorised in accordance with this Act. Finansinspektionen is
commissioned to grant this authorisation after a written procedure with the Riksbank.
· The Financial Instruments Accounts Act (Lag om kontoföring av finansiella instrument,
1998:1479). This Act regulates the registration of ownership of both dematerialised financial
instruments and those material instruments which have been taken out of circulation. The
responsibility for maintaining the ownership register is assigned to a CSD, which is granted
authorisation by Finansinspektionen.
· The Trading in Financial Instruments Act (Lag om handel med finansiella instrument,
1991:980). This Act specifies the disclosures to be made, the information to be provided and
the procedures to be followed when transactions with securities are undertaken. It also lays
down a netting provision regarding contracts involving financial instruments. The Act is
2
based on the EC Directive on public offers.
· The Securities Operations Act (Lag om värdepappersrörelse, 1991:981). This Act provides
the licensing requirements for securities firms and guidelines governing the supervision of
such firms and the types of business in which such firms may engage. The Act is based on
3
the EC Directive on investment services.
· The Banking Business Act (Bankrörelselagen, 1987:617). This Act regulates the business
which a bank may conduct, the prudential supervision of banks, the requirements for
obtaining a banking licence and the requirements in respect of confidentiality, auditing, etc.
· The Financing Operations Act (Lag om finansieringsverksamhet, 1992:1610). This Act
establishes the licensing requirements, the sound operations requirements, the operating
regulations and the prudential regulations for institutions engaged in financing operations.
1
Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and
securities settlement systems.
2
Council Directive 82/298/EEC coordinating the requirements for the drawing-up, scrutiny and distribution of the
prospectuses to be published when transferable securities are offered to the public.
3
Council Directive 93/22/EEC of 10 May 1993 on investment services in the securities field.
· The Companies Act (Aktiebolagslagen, 1975:1385). This Act regulates public limited
companies and shareholdings and is applicable to the above-mentioned financial institutions.
· The Act on Cross-Border Payments within the EEA (Lag om betalningsöverföringar inom
Europeiska ekonomiska samarbetsområdet, 1999:268). This Act is based on the EC
4
Directive on cross-border credit transfers and covers payments from individuals or legal
entities in Sweden to individuals or legal entities in another EEA country, as well as
payments from payers in an EEA country to payees in Sweden. The Act covers payments up
to the amount of EUR 50,000.
· The Act on Fees on some Cross-Border Payments (Lag om avgifter för vissa
5
gränsöverskridande betalningar, 2002:598). This Act is based on the EC Regulation on
cross-border payments in euros. The Regulation can also apply to cross-border payments
made in the currency of another member state, as has been decided in Sweden.
· The Deposit Guarantee Act (Lag om insättningsgaranti, 1995:1571).
· The Act on Measures against Money Laundering (Lag om åtgärder mot penningtvätt,
1993:768).
· The Act on Capital Adequacy and Large Exposures concerning Banks and Securities Firms
(Lag om kapitaltäckning och stora exponeringar för kreditinstitut och värdepappersbolag,
1994:2004).
· The Act on Foreign Exchange Transactions and Payment Transfers (Lag om valutaväxling
och betalningsöverföring, 1996:1006).
· The Cheque Act (Checklagen, 1932:131).
· The Consumer Credit Act (Konsumentkreditlagen, 1992:830).
· The Bankruptcy Act (Konkurslagen, 1987:672).
4
Directive of the European Parliament and of the Council of 27 January 1997 on cross-border credit transfers (97/5/EC).
5
Regulation of the European Parliament and of the Council of 19 December 2001 on cross-border payments in euro
(2560/2001).
float financing. This pricing strategy is also an important part of the banks’ aim to encourage
customers to make their payments via the internet or other electronic media.
Statutory responsibility
With the exception of its explicit and exclusive mandate to issue banknotes and coin, the Riksbank’s
responsibilities in respect of the payment system and its various components are formulated in general
terms in the Riksbank Act. For example, the Riksbank’s role as an overseer of the payment system
does not include any formal obligation to provide settlement services to the banks, but allows for this
possibility. The Riksbank does indeed provide interbank settlement facilities for banks, the government
and a few other financial institutions through the RIX system, as well as providing deposit and credit
6
facilities. Via their accounts in the RIX system, the participants can borrow against collateral both
intraday and overnight: intraday to ensure a smooth flow of payments, or overnight in the context of
7
monetary policy.
Oversight
8
The Riksbank’s interpretation of its oversight responsibility can be described as being based on the
following three aspects of the payment system:
· infrastructure
· central companies and institutions
· regulations
The Riksbank’s oversight of the financial infrastructure covers instruments of payment and technical
and administrative systems that enable flows of financial assets between different institutions and
marketplaces.
The primary objective of the Riksbank with regard to the payment system - as both overseer and
operator - is to identify, manage and limit systemic risks. These risks arise primarily in connection with
the transfer of large-value payments between banks and other financial institutions. Therefore, from a
financial stability perspective, the interest and activities of the Riksbank are concentrated on this
aspect of the payment system. Subsequently, the oversight is focused on systemically important
payment systems, ie the RIX system, the VPC and Stockholmsbörsen.
Retail payment systems are, however, also included in the Riksbank’s oversight responsibilities,
particularly those systems directly linked to RIX. In the field of retail payments the Riksbank pays
particular attention to questions of efficiency in order to encourage the adoption of efficient payment
solutions.
In performing its duties as an overseer, the Riksbank meets on a regular basis with different groupings
of actors in the Swedish payment system. Individual meetings are held on a regular basis with the
major banks, the Swedish Bankers’ Association and the clearing organisations. The Riksbank can
propose new laws and changes to existing laws directly to parliament, and is also asked to comment
on new laws and various official reports. In addition to these activities, the Riksbank takes part in
public debate on issues relating to payment systems. One important tool in the oversight activities of
the Riksbank is the publication of the semiannual Financial Stability Report.
6
For more information about the participants’ access to the Riksbank’s deposit and credit facilities, see Section 3.2.2.
7
The Riksbank is allowed to grant intraday credit in euros, but not overnight credit.
8
The Riksbank’s objectives and tasks with respect to the oversight of the financial infrastructure have been published in the
Sveriges Riksbank Economic Review 2001:3.
Finansinspektionen
Finansinspektionen is the single Swedish financial supervisory authority. Finansinspektionen is
responsible for the supervision of companies operating in the insurance, credit and securities markets.
This includes the supervision of all clearing organisations, except for the RIX system, which is
operated by the Riksbank. Contributing to the stability and efficiency of the Swedish financial sector is
part of Finansinspektionen’s overall objective. Finansinspektionen reports to the Ministry of Finance.
payments. The four major Swedish banks, together with four smaller banks, through BGC collectively
own the system. However, after its purchase of the Postgirot Bank, the Swedish Competition Authority
required Nordea to reduce its ownership in BGC from 27% to 10%. In 2000 the Bankgirot handled
around 351 million transactions with a total value of SEK 3,733 billion (USD 357 billion).
A growing proportion of transactions in both systems are initiated electronically; as might be expected,
this tendency is more pronounced for large-value transactions. Enterprises and organisations now
submit their payment orders almost exclusively by electronic media, while households more frequently
send their written payment orders by mail. However, even households are increasingly submitting their
payment orders electronically by means of internet-based banking services. Both the Bankgirot and
the Postgirot administer systems which can be used for credit transfers initiated electronically via the
internet.
A number of credit transfers also go directly from bank account to bank account without the use of a
giro number. These are channelled by the Data Clearing System, which was originally developed for
cheque truncation. The Data Clearing System is also used when more rapid retail payment transfers
are required. Account numbers and payment messages are transferred in accordance with a
standardised format, which allows for straight through processing (STP). The Data Clearing System is
owned by the Swedish Bankers’ Association, but operated by BGC. Despite its name, the Data
Clearing System is not a separate system but is completely integrated in BGC’s technical platform. In
2000 a total value of SEK 1,348 billion (USD 129 billion) was transferred through the Data Clearing
System.
2.2.2 Cheques
In recent years the number of cheque transactions has decreased substantially. Two million cheque
transactions were conducted in 2000, with a total value of SEK 22 billion (USD 2.1 billion). There are a
number of possible explanations for this development. One is the growing number of ATMs, which
have made cash more easily available at any time of the day, thereby reducing the need for cheques
as a payment instrument. A second reason is the growing importance of various EFTPOS systems,
which, from a practical point of view, should make payment by card more attractive. A third factor, and
probably the most significant, is the fact that Swedish banks have implemented a clear policy of
reducing the number of cheque payments, because these are considerably more costly than
alternative means of payment, such as card payments. To this end, one of the major banks introduced
a rather high charge on all cheque transactions at the beginning of the 1990s. The other banks
subsequently followed this example and also imposed heavy fees, with the result that the use of
cheques has been drastically reduced.
In Sweden, all cheques are truncated, that is, the bank at which the cheque is cashed retains the
physical document and the information is transmitted by electronic media to the drawee bank. The
cheques are truncated in the Data Clearing System mentioned above. All cheques can be cashed at
any bank branch irrespective of the bank on which they are drawn.
well as paper-based transactions, an ATM card for cash withdrawals, and a credit card, to the extent
that the bank account to which the card is linked has an overdraft facility attached to it. In addition,
these cards are usually provided with a link to international card systems such as Visa or MasterCard,
which also makes them useful for international travel.
A rapid structural transformation is taking place in the area of retail payments, with increasing
automation as the main driving force. One important indicator of this transformation is the fast-growing
number of EFTPOS terminals in shops and other points of sale. The number of terminals operated by
the banks rose from 6,100 in 1990 to 87,133 in 2000. The number of EFTPOS transactions increased
by more than 1,400% during this period.
Another development in this field has been the growing importance of various retailer cards over the
past decade. The volume and value of transactions using these cards have risen considerably, as has
the number of issuers. The growing importance of retailer cards in recent years can be partly
explained by the technical development mentioned above; card payments have become cost-effective
from the retailer’s point of view and they eliminate the risk of theft and robbery associated with the
handling of large volumes of cash. Retailer cards also open up new channels for marketing vis-à-vis
customers.
3.2 RIX
9
Guideline of the European Central Bank of 26 April 2001 on a Trans-European Automated Real-time Gross settlement
Express Transfer system (TARGET Guideline) (ECB/2001/3).
10
Agreement on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET Agreement).
11
According to the EU definition, which includes a number of institutions that are regarded as investment firms according to
Swedish legislation.
12
A government agency can only be granted intraday credit. A clearing organisation cannot be granted either intraday or
overnight credit.
The clearing and settlement organisations VPC and Stockholmsbörsen net the payment obligations
multilaterally between the participants in the RIX system. The participants are responsible for sending
payments prior to the agreed cutoff times and ensuring that sufficient liquidity is available on their
accounts at that time. VPC and Stockholmsbörsen are responsible for the execution of the settlement.
BGC’s settlement of cash transaction withdrawals at ATMs is also carried out on a multilateral net
basis.
For the settlement of aggregated payments, the related payment messages for the individual
transactions are transmitted separately outside the RIX system via SWIFT or BGC.
In E-RIX, the participants can send cross-border and domestic payments in euros. The majority of the
payments in euros are cross-border, transmitted via TARGET to the NCB with which the receiving
bank has an account. Customer-related payments are rarely sent via the E-RIX system, since the
Swedish banks primarily use the Euro Banking Association’s Euro 1 system for customer-related
payments.
3.2.8 Turnover
During the first three quarters of 2002 the number of transactions in the K-RIX system averaged
around 4,200 per day, with a daily turnover of about SEK 450 billion (USD 45,3 billion). The average
amount of collateral was about SEK 70 billion (USD 7.1 billion). The number of transactions has
increased during the last year. The main reason for this increase is that larger payments in the foreign
clearing process are settled individually rather than in the aggregated settlement.
The number of transactions in the E-RIX system averaged around 300 payments sent and about 600
received per day at the beginning of 2002, and the daily turnover of payments sent was some
EUR 5.5 billion (USD 5.1 billion).
3.2.9 Pricing
The Riksbank’s pricing policy for the RIX system operates under three restrictions:
· to minimise risk and unwanted behaviour by participants,
· to attain full cost recovery, and
· to promote fair competition.
The price list below shows the fees for participation in the RIX system in 2002:
13
The Riksbank can grant intraday and overnight credit in Swedish kronor, but only intraday credit in euros.
Annual fees
Participants SEK 200,000 (USD 20,155) SEK 290,000 (USD 29,224)
Clearing houses SEK 150,000 (USD 15,116) SEK 240,000 (USD 24,186)
Transaction fees for domestic payments
1-420 payments/month SEK 9 (USD 0.91) SEK 9 (USD 0.91)
421-10,000 SEK 3 (USD 0.30) SEK 3 (USD 0.30)
10,001+ SEK 1 (USD 0.10) SEK 1 (USD 0.10)
Transaction fees for TARGET payments
1-100 payments/month – €1.75 (USD 1.62)
101-1,000 – €1.00 (USD 0.93)
1001+ – €0.80 (USD 0.74)
Intraday liquidity in euros
Fee for intraday liquidity – 10 basis points, EUR
Excess reserve data link SEK 30,000 (USD 3,023) SEK 30,000 (USD 3,023)
New member in the RIX system
1
Entry fee SEK 75,000 (USD 7,558)
1
Not specific for K-RIX or E-RIX.
a Bankgirot number. In other words, the Bankgirot system is an “open” payment system in which
customers can transfer payments from an account with one bank to an account with another bank.
The Bankgirot is an ACH managed by BGC and owned by the banks. 20 banks are currently affiliated
to it. BGC manages and develops the Bankgirot system and offers its products and services to the
banks on a purely subcontractual basis. A wide range of information services relating to the
processing of payments is included in the services offered to banks.
The Bankgirot system mainly handles retail payments, but also processes certain large-value
payments. Bankgirot payments are settled on a bilateral net basis in the RIX system, whereby
payment orders between each pair of banks are calculated to a net debit or credit position. These net
balances are registered in the banks’ accounts at the Riksbank for settlement during the day. If one
participant has liquidity problems at the time of settlement, the payment is put in a queue. The
transaction is queued for no longer than 30 minutes; if the bank is still unable to settle its net position
after this period, the net position is recalculated as a pair of gross payments. In this way, a bank’s
liquidity problems do not hinder a counterpart from settling its own obligations. Different types of
payment have different settlement schedules throughout the day. After settlement, the underlying
payments are sent to the receiving bank by file transfer.
The Bankgirot system differs from the Postgirot system in that it only has customer relationships with
the banks. These banks, whether they are shareholders of BGC or not, are charged at cost. Banks
face a combination of fixed transaction fees and variable fees that decrease with the volume of
transactions conducted.
Partly in response to the rapid development of electronic payment delivery and processing technology,
such as internet payment services, and after discussions with the Riksbank, BGC adopted in 1999 a
new technical platform and new clearing procedures. The development of the new clearing platform
has led to the full integration of all systems involved in the clearing and settlement cycle, namely the
RIX system, BGC’s clearing information system and the clearing participants’ internal systems. There
have been two additions to the existing communication channels: a new internet-based information
channel and a new interface between BGC and the clearing participants. These allow the participants
to follow their clearing positions in real time via the internet. The system handles two types of clearing
and settlement methods: bilateral gross and net clearing and settlement. It has several clearing and
settlement cycles per day, one or more for each category of payment. The number of payment
services processed by the new platform is gradually increasing. The clearing and settlement of banks’
cash transactions through PSAB, which was previously carried out by the Riksbank, has been
included in the range of services provided by the new BGC system. Also the Data Clearing System
has been integrated into BGC’s new technical platform.
e-money holdings shall be reimbursed in the event of bankruptcy on the part of either the acquiring or
the issuing bank.
4.1 Trading
Legal basis
Trading is mainly regulated by the Exchange and Clearing Operations Act and the Trading in Financial
Instruments Act.
Currencies
Since 1999 trading on Stockholmsbörsen has been possible in two currencies, Swedish kronor and
euros. Listed companies may choose the trading currency. There are three alternatives for listed
companies - trading in Swedish kronor, trading in euros, or trading in both Swedish kronor and euros.
In all cases, the registered share capital for Swedish companies remains in Swedish kronor.
Operating hours
On normal working days the system is open for trading between 9.30 am and 5.30 pm.
Risk management
In order to ensure a sound and transparent market, there is a membership agreement which governs
members’ obligations and listing agreements. The duties of Stockholmsbörsen include monitoring
members’ compliance with the agreement and ensuring that members act in a manner which fosters
confidence in the securities market. The surveillance is carried out with the help of electronic systems
which indicate abnormal changes in prices and volumes. Unsound, illegal or other misleading trading
which contravenes existing trading rules or membership agreements is investigated and reported to
Finansinspektionen.
4.2 Clearing
Stockholmsbörsen has a direct relationship with each customer, ie the owner of a clearing account.
The customer acts in relation to Stockholmsbörsen through one of the clearing members who is the
clearing account administrator. The identity of customers is not known to the exchange, only to the
account holder and to a special control company, clearing company AB, a company owned by
Stockholmsbörsen and the Swedish Securities Dealers’ Association.
Products
The clearing activity covers both derivative products traded on Stockholmsbörsen and products traded
outside the exchanges. Stockholmsbörsen does not generally clear spot market transactions.
However, in March 2002, a central counterparty service was set up covering transactions arising when
the Swedish National Debt Office initiates new issues, buybacks and exchanges.
The following products are traded on the OM exchanges:
· futures and options on Swedish shares;
· futures and options on the Swedish share index;
· futures on Swedish government bonds;
· futures and options on Norwegian shares;
· futures and options on the Norwegian share index;
· futures and options for pulp;
· futures on the UK electricity market; and
· 10-, five- and two-year government benchmark bonds.
The following products are only cleared:
· futures on Swedish government securities and securities issued by Swedish mortgage
institutions;
· futures on three-month forward rate agreements (FRAs);
· Swedish index swaps;
· standardised swap contracts;
· futures on currency; and
· tailor-made clearing contracts for fixed income and equity products.
Risk management
For all outstanding contracts there must be sufficient collateral pledged to Stockholmsbörsen.
Collateral can be pledged either individually by each customer, or by the clearing member for both its
own and its customer’s obligations. Margin requirements are calculated at the end of each day, and
additional collateral must be delivered before 11 am the following day. Stockholmsbörsen can also
make intraday margin calls. A margin is calculated for each separate clearing account, but, within an
account, potential covariance between positions and products is accepted.
Stockholmsbörsen accepts different types of assets as collateral, such as cash in 10 currencies,
government securities from seven countries, certain other Swedish fixed income securities and certain
Swedish, Danish, Finnish and Norwegian listed shares. Collateral is to be deposited with one of the
custodian institutions accepted by the exchange, of which there were 11 in March 2002. Collateral is
held separately from Stockholmsbörsen assets. The total outstanding contracts or the total margin
amount can be limited by monitoring the largest positions.
In the event of default by customers, Stockholmsbörsen has its own financial resources in addition to
the collateral received from customers. These include some SEK 1.3 billion (USD 131 million) in
shareholders’ equity and subordinated debt, SEK 720 million (USD 73 million) in credit insurance and
a credit facility for another SEK 1.5 billion (USD 151 million).
Contingency procedures have been established. Computer and communication facilities are
duplicated on a real-time basis.
Operating hours
Stockholmsbörsen’s system is open for clearing registration from 8 am to 6.30 pm, and for trading
from 9.30 am to 5.30 pm.
4.3 Settlement
Membership
Public rules on access and exit criteria are outlined in VPC’s Rules and Regulations, which are
available to participants and are posted on VPC’s website. Clearing membership of VPC is open to
institutions authorised to deal in securities according to the Securities Operations Act or similar foreign
institutions, ie institutions supervised by Finansinspektionen or by a corresponding agency in their
home country. In addition, Swedish and foreign clearing organisations and CSDs, as well as central
banks, may become members. The capital requirements for financial institutions other than clearing
organisations and CSDs are limited to the minimum capital requirements, including capital adequacy,
according to the respective domestic regulation. For clearing organisations, CSDs and non-financial
institutions participating in money market clearing, the capital requirement is SEK 1 billion
(USD 95,621,491). In addition to capital requirements, there are organisational requirements. In the
case of money market clearing, an indirect participant takes part in the clearing through a clearing
member.
Clearing membership can be restricted to either stock market clearing or money market clearing, or
can cover both. In addition, the RTGS functions are open to all clearing members. Clearing
membership is divided into two categories: either Swedish kronor or euros, or both. In March 2002,
VPC had 45 clearing members, of which 43 participated in the guarantee clearing procedure (see
below under the section entitled “Risk management”) and 18 in the money market clearing
procedures. All 45 members can participate in the RTGS clearing procedure.
Legal basis
The legal framework for the registration of dematerialised securities is found in the Financial
Instruments Accounts Act. The finality of settlement is supported by the Swedish implementation of the
EC Directive on settlement finality through the Settlement Systems Act.
Settlement processes
There are three main clearing and settlement processes: real-time gross settlement, net settlement for
the money market and net settlement for the stock market.
In the case of an RTGS process, cash is moved from the cash account operated by VPC to the seller’s
cash account at the Riksbank at the same time as the securities are moved from the seller’s securities
account to the buyer’s securities account within the VPC system. The settlement is then final.
In net settlement processes, securities are registered and delivered gross, while payments are netted
on a multilateral basis with the net amounts being reported. Settlement banks with a net payment
obligation debit the amount from their own cash accounts and credit the cash account operated by
VPC at the Riksbank. Securities and payments are then settled simultaneously and irrevocably at
12.45 pm. These net processes are run once a day. The settlement of euro transactions is carried out
separately from the settlement of transactions in Swedish kronor, but in a similar way and at the same
time.
One major difference between money market settlement and settlement for the stock market is that in
the latter case there is no possibility of entering transactions on the settlement day. In the case of
money market clearing, this possibility exists. The delivery capacity check starts at 1.15 pm on the day
before the settlement day for money market clearing, while for stock market clearing this check is
made continuously from the time at which the transaction is entered in the system by the account
operator.
The cash settlement takes place at the same time as the settlement of securities, and DVP is thus
achieved. The settlement immediately becomes final and irrevocable.
Risk management
VPC is not a party to any transaction to be settled and does not offer any custody services. It does not
offer any credit or stock lending facilities. The account it holds at the Riksbank is in the name of its
customers and its balance should be zero after settlement has been executed.
All Swedish book-entry instruments are issued directly via VPC. For some foreign instruments,
depositories are used. Depositories are highly reputable commercial banks (custodians).
In order to minimise the risk of insufficient funds, the guarantee clearing procedure contains a
requirement that the stock market have a basic guarantee from a settlement bank for those clearing
members not settling the cash leg in the RIX system. This basic guarantee is based on the historical
average net settlement amounts. In addition, there should be a supplementary guarantee for amounts
not covered by the basic guarantee. The basic guarantee may not be withdrawn with less than seven
days’ notice. The supplementary guarantee must be in place by 10 am on the settlement day.
In the event that there are not enough securities to cover all sales, transactions are cancelled. In this
context, in the case of money market clearing, certain clearing members (in particular primary dealers)
have been assigned special responsibilities to prevent further disturbances in the settlement process
by covering their emerging shortages.
In the event of insufficient funds or a lack of a supplementary guarantee (in the case of guarantee
clearing), all transactions by the defaulting participant (clearing member or indirect participant) are
unwound and a delayed settlement routine is activated, whereby non-defaulting participants take over
the failed trades. In the money market clearing procedure, the participants have an obligation to
participate actively in this process through repos or securities lending transactions. The issuers also
have an obligation to issue new securities, should this prove necessary.
Operating hours
VPC is open for registration and settlement (RTGS) from 7 am to 6 pm. Transactions may be entered
outside these hours, but in such cases are not formally registered.
Table of contents
List of abbreviations
Introduction
The Swiss trading, settlement and payment infrastructure consists of various interlinked electronic
systems. Swiss Interbank Clearing (SIC) is the real-time gross settlement (RTGS) system designed for
settling interbank payments in Swiss francs in accounts at the Swiss National Bank (SNB). SIC is
operated by Swiss Interbank Clearing AG, a subsidiary of Telekurs Holding, which is a private sector
company involved in payment activities. In 1995 a link between SIC and SECOM, the securities
settlement system operated by SIS SegaInterSettle AG (formerly SEGA), was established to allow
simultaneous and final delivery versus payment on a real-time basis. In 1996, a connection with the
Swiss Stock Exchange (SWX) was established. This connection allows straight through processing of
securities operations (eg from trading to settlement). Swiss Interbank Clearing AG also operates retail
payment systems such as DTA (data media exchange) and LSV (direct debit). Postfinance provides
similar payment services through its own network.
Over the last few years, two major trends have affected the trading, settlement and payment
infrastructure in Switzerland. First, the growing internationalisation of trading, settlement and payment
activities has led to cross-border network connections. At the trading level, SOFFEX (Swiss Options
and Financial Futures Exchange, a former subsidiary of SWX) and Deutsche Terminbörse (DTB)
merged in 1996 to create Eurex, the Swiss-German derivatives exchange. In 2001, SWX, the
UK-based Tradepoint Exchange and Tradepoint Consortium launched virt-x, a pan-European trading
platform for blue chips of all major European indices. At the securities settlement level, SIS
SegaInterSettle and CRESTCo created The Settlement Network in 2000. At the payment system level,
this trend made it necessary to allow financial institutions located outside Switzerland to participate in
SIC (so-called remote members). Second, the various retail payment systems have been
progressively integrated into SIC. In this way, the aggregate gross positions resulting from these
systems are settled in SIC. This process started in 1998 with the integration of DTA and LSV and was
completed with the integration of cheque settlement in 2000.
In addition, some innovations have been introduced in SIC. Intraday credit in the form of intraday
repos was made available to SIC participants in 1999. Further, Postfinance has been participating in
SIC since 2000. This has simplified payment flows between the bank and Postfinance systems. Lastly,
in 2001, the SIC queuing mechanism was amended with a bilateral offsetting mechanism aimed at
solving gridlocks. At the regulatory level, the new Law on the SNB, which is expected to be enacted in
2004, will create a formal basis for the SNB’s oversight responsibilities in clearing, settlement and
payment systems.
1. Institutional aspects
the Law on the SNB. The SNB has “to regulate the country’s money circulation, to facilitate payment
transactions and to pursue a credit and monetary policy that serves the interests of the country as a
whole”.
The current Law on the SNB is fairly vague about the role of the central bank as overseer of payment
systems. With respect to Swiss Interbank Clearing (SIC), the RTGS system in Switzerland, two private
law contracts enable the SNB to exercise its oversight responsibility. The first contract is between the
SNB and SIC AG, the system operator. The second contract governs the relationship between the
SNB and the participants.
The Law on the SNB, however, is currently under revision. The new Law, which is scheduled to
become effective in 2004, creates a formal basis for the SNB to oversee not only payment systems,
1
but also securities clearing and settlement systems. Oversight activities will be conducted according
to a three-stage procedure. The first stage requires all system operators to provide the SNB with basic
statistical information. The second step allows the SNB to gain more precise information on systems
that are potentially of systemic importance. The third stage deals with systemically important payment
and settlement systems. These systems may be subject to specific requirements and sanctions, if
necessary.
1
In the area of securities clearing and settlement systems, the SNB and the Federal Banking Commission (FBC), the banking
supervisory authority, will cooperate closely.
can be made at any time during business hours. If it is not repaid by the end of the day (clearing stop 3
at 4.15 pm), an interest charge that exceeds the overnight rate by (currently) 400 basis points applies.
The overnight credit facility - the lombard facility - offers financial institutions facing an unexpected
liquidity shortage a refinancing source. Financial institutions draw on lombard credits on their own
initiative and at any time of the day (in practice, mostly towards the end of the day). They freely set
their credit limit at the SNB by pre-pledging eligible securities. Credit lines can be adjusted once a
year. For lombard loans, the SNB charges a rate that exceeds the overnight rate by 200 basis points
(lombard rate).
1.3.1 Banks
At the end of 2000 there were 335 banks in Switzerland with a total of 2,849 branches subject to the
Swiss Banking Law. These include 23 branches of foreign banks with 27 offices. Most of the banks are
universal banks, which offer their customers a full range of banking services. However, a number of
banks are specialised: private banks, for instance, are engaged almost exclusively in investment
management, while other categories of banks (the regional and savings banks) are concerned
predominantly with mortgage business. In addition to the usual payment services such as inpayment,
outpayment and credit and debit transfers, the banks also offer credit, debit and stored value cards.
In 1949 the big banks founded their own giro organisation, the “Bank Clearing” organisation. Over the
next few years the cantonal banks, the regional banks and most other institutions also joined this
system. In 1981 responsibility for the administrative and technical operation of the system was
assigned to Telekurs Payserv Ltd (today’s Swiss Interbank Clearing AG), a joint venture of the Swiss
banks. The regional banks have been operating their own giro system since 1981, since which time
they have been participating indirectly in Bank Clearing via their clearing centre. In 1994, the regional
banks formed a new holding company, RBA-Holding. The previous clearing centre was fully integrated
into this new company in 1996.
1.3.2 Postfinance
As early as 1906, a year before the SNB was founded, the Postal Administration received
authorisation to open accounts for any firm or private individual; transactions such as cashless
transfers, inpayments and outpayments could be carried out through these post office accounts. The
Postal Administration’s network of post offices throughout Switzerland provided the necessary
infrastructure. In order to tell the two postal services - mail and banking business - apart, the former is
called “Die Post” (Swiss Post) and the latter is called “Postfinance”. In 2000 Postfinance had a network
of 3,385 post offices. With over 2.2 million accounts and 737 million transactions a year, Postfinance
plays a major role in the field of retail payments. The banks also execute some of their customers’
payment orders via Postfinance. Since 2000 payments between bank and Postfinance networks have
been settled in SIC.
1.3.7 Eurex
The Swiss-German derivatives exchange Eurex was created by SWX and Deutsche Börse AG in
December 1996 through the merger of SOFFEX (Swiss Options and Financial Futures Exchange, a
former subsidiary of SWX) and DTB Deutsche Terminbörse. Eurex Clearing AG is wholly owned by
Eurex Frankfurt AG, which in turn is a subsidiary (100%) of Eurex Zurich. The latter is jointly owned by
Deutsche Börse AG and SWX.
2
According to Article 6 of the Federal Coinage Law no one is obliged to accept more than 100 coins in payment.
2.2.4 Cheques
Cheques have never been widely used in Switzerland. Since 1989, the significance of cheques has
continuously declined due to higher fees charged by the banks. An increasing density of cash
dispensers and EFTPOS terminals may also have contributed to this decline. In 2000 a total of
11.2 million cheques were processed, amounting to CHF 27.7 billion.
Cheques drawn on banks are processed by the cheque centre run by Payserv Ltd. Cashed cheques
are submitted by the banks daily to Payserv Ltd. In cheque processing the credit items for presenting
banks and debit items for drawee banks are recorded on data media or in lists. Cheques normally
remain with Payserv Ltd, where they are microfilmed. Postfinance also offers postal cheques.
3
A merchant can accept cards of different credit card organisations. This total includes a merchant outlet twice if it accepts
two different credit cards.
of 2000 there were a total of 141,032 EFTPOS processing possibilities at retail outlets and filling
4
stations.
4
An EFTPOS terminal that processes debit card payments by Postfinance and the banks is counted as representing two
processing possibilities.
The SNB oversees the SIC system, while Swiss Interbank Clearing AG, a subsidiary of Telekurs
Holding Ltd, is under contract to provide the computer centre service. Private law agreements between
these two parties and with the participating banks form the legal framework for the operation and
further development of SIC. The contracts are supplemented by regulations and handbooks.
Committees including representatives of the SNB and the participating banks submit changes and
additions to the instructions and handbooks and take decisions on technical modifications to the
application. All changes and additions require the SNB’s approval.
3.2.2 Participants
Originally, participation in SIC was limited to banks domiciled in Switzerland and subject to supervision
by the Federal Banking Commission. The only exceptions to this rule were domestic clearing
organisations. Over the years, this policy has been increasingly challenged by developments in
domestic and international financial markets. On the one hand, non-bank intermediaries have
increasingly gained ground in financial markets and thus questioned the dominant role of banks in this
area. On the other hand, globalisation of markets has brought about not only ever growing payment
volumes, but also stronger competition among financial centres and associated cooperation and
mergers between providers of financial market infrastructure. In the wake of these developments,
conventional access policies have become outdated since these would particularly make cross-border
projects such as the continuous linked settlement system (CLS) virtually impossible.
Against this background, the SNB decided, in 1998, to substantially liberalise its SIC access policy.
For instance, it is now possible for supervised securities dealers such as non-banks to become SIC
participants. More importantly, however, remote access to SIC is also granted to international joint
ventures and clearing organisations, as well as the associated banks, provided these make a sizeable
contribution to the reduction of systemic risks or are of major significance for the Swiss financial
centre. For reasons of legal and operational security, this regulation only applies to joint ventures,
clearing organisations, banks and non-banks from countries which have at least the same standards
as Switzerland with respect to banking supervision, the fight against money laundering and the
telecommunications infrastructure. At the end of 2000, 64 out of 306 SIC participants were so-called
remote members.
Furthermore, Postfinance has been participating in SIC since 2000. As a large number of payment
instructions, mainly retail payments, have to be transferred from the postal giro system to the bank giro
system (and vice versa), Postfinance’s participation in SIC has simplified the payment flows between
the two systems. From a technical point of view, Postfinance sends its payments to banks through SIC
in batches (ie payments to individual banks are added together). The information relating to these
payments is, however, transferred via separate channels in various forms. The beneficiary then
disaggregates the payments and credits customers’ accounts according to the payment information.
payments. These payments stem mainly from correspondent banking business and indicate the
significance of foreign exchange transactions.
Service payments are related to the cash leg of securities transactions that are settled via the
SIC-SECOM linkage and the settlement of obligations stemming from interbank payment services
such as data media exchange or direct debiting. The share of service payments in terms of turnover
has been increasing continuously. This increase can be attributed to two factors. First, settlement of
the various retail payment systems has been integrated into SIC in the course of the last few years.
Second, the repo platform was introduced in 1998. The sharp increase in repo transactions is mainly
related to the fact that repos have become the main instrument of the SNB’s monetary policy
operations.
candidate”. Since there are many different accounts, it is very likely that there will be a large number of
settlement candidates. Therefore, as a second step, among all the settlement candidates the algorithm
selects the one that has the earliest input time. This payment is then settled. Having settled the
settlement candidate or - if possible - a package of payments, the settlement algorithm starts again
with the first step, and so on.
Additionally, the queuing mechanism in SIC is equipped with an automated optimisation routine that
allows for bilateral offsetting. If there is a gridlock, the system starts after a few seconds to search at
the top end of the queue for cross payments (from sender and receiver banks). If there is such a case,
these two payments are netted, provided, however, that the cover rule is respected.
From an individual participant’s perspective, the queue management is limited to the possibilities of
cancelling and re-entering payment orders. The receiving bank is notified of any cancellations since it
has real-time access to all data relating to its own account. Cash managers can thus continuously
track current account balances and the amount of pending incoming and outgoing transfers. A
cancellation signifies a reduction in these pending items. The information on pending payments
becomes increasingly important towards the end of an SIC day, when liquidity managers have to
decide whether, and to what extent, money market transactions are to be effected in order to have
sufficient funds for carrying out pending payments or to bring reserve account balances in line with the
desired level. The SNB, for its part, has access to all banks’ transaction data stored by the system.
5
Information which the system gives to the receiving banks concerning pending payments is not legally binding and, as
expressly laid down in the regulations, is not to be regarded as a binding assurance that funds will be transferred.
day-end pending payment orders are automatically deleted by the system helps to limit such
behaviour.
6
The repo platform, also called Eurex repo, is the trading platform for Swiss franc repurchase agreements.
7
To be more precise, the first intraday repos are concluded at 4 pm but the liquidity is only provided after the beginning of the
new SIC value day (an SIC value day starts at around 6 pm on the previous calendar day).
on the time of settlement. In addition, the fee partly depends on the size of the payment. The following
table shows the prices valid for 2002.
1
Fee structure for the sending bank in 2002
(in CHF)
Besides the principle of cost recovery, the fee structure is conceived to make the input and settlement
of payments at an early point in time worthwhile. Due to progressive fees, participants have an
incentive to enter and settle their payments as early as possible. Moreover, it becomes more
expensive to wait for incoming payments and thus to profit unfairly from opportunity cost bearing
reserve funds of other banks. Furthermore, different fees are applied to small and large amounts, the
latter consisting of CHF 100,000 or more. The fee structure provides an incentive for early input and
settlement of small payments, which represent the bulk of SIC transactions. This, in turn, prevents the
demand for input and settlement capacity to peak towards the end of a settlement day, ie at times
when the occurrence of a gridlock would pose a major concern. Due to the progressive fee structure
and the fact that payments larger than CHF 100 million are generally split into a number of tranches,
gridlocks have never been a major problem in SIC - even before the introduction of the intraday credit
facility.
3.3.1 The data media exchange facility (DTA) and direct debit procedure (LSV)
These systems enable payment instructions from bank customers to be processed electronically.
Payment instructions are submitted by bank customers on diskettes, cassettes or magnetic tapes or
via file transfer to Payserv Ltd. At the same time the issuer of the payment instruction sends his bank a
payment order (data media exchange) or a collection order (direct debit). The bank can then authorise
Payserv Ltd to process the data.
The deadline for accepting electronically transmitted data is 2 pm for payments to be settled in SIC on
the next bank business day. Subsequently, the payment instructions are processed, with calculation of
the total credits and debits for each bank and delivery of the payment records to each bank. Once
processing is terminated, the totals are transmitted to SIC for settlement. At 8 pm the output is ready
for the banks.
Eurex platform as a result of a cooperation agreement between Eurex and the Helsinki Exchange
(HEX). Enhanced product availability has also resulted from the launch of the a/c/e platform. Both
CBOT® and Eurex products are now available on one liquidity network using the same technology.
The a/c/e platform is operated as a joint venture together with the Chicago Board of Trade. In
summary, Eurex provides participants with the most important worldwide index products, equity
products, money market products and capital market products.
The repo market in Swiss francs was launched in 1998. Swiss and foreign participants can carry out
their funding and collateral management operations directly on the interbank market as well as through
the daily auctions of the SNB. Integrated clearing and settlement is the basis for secure, fast and cost-
effective execution. Unique in the electronic repo environment, intraday contracts enable both national
and international participants to organise their intraday liquidity management in Swiss francs in
accordance with their particular needs. In March 2001, equity-repo trading with Swiss blue chips was
initiated. With the introduction of the expanded facility, Eurex opened up the repo platform for
collateralised funding business. With this, Eurex leads the way in consolidating the collateralisation of
money market transactions. The introduction of a fully electronic primary and issue market represents
a further modernisation of the Swiss financial centre. Auctions of new issues, which have so far been
conducted mostly by phone and fax, as well as subsequent trading in the secondary market, can now
be executed more efficiently. The Swiss Federal Finance Administration and the SNB have decided to
use this platform for their auctions.
operates on the basis of the software developed for SIC and runs on the same platform. As a German
bank, SECB comes under the supervision of the Deutsche Bundesbank.
4.2.1 SWX
Trading
SWX has an electronic platform which ensures fully automated trading, clearing and settlement of all
securities transactions. Electronic trading begins with the investor: participant banks’ investment
advisors register incoming orders from their customers in their trading system. These data are
forwarded to the trader and checked, or fed directly into the trading system by the trader. From here,
they are routed to the central exchange system of SWX, which acknowledges receipt of the order,
assigns a time stamp to it and verifies its formal correctness. In the fully automated exchange system
used at SWX, buy and sell orders are matched according to clearly defined rules (so-called matching
rules). Regardless of their size or origin, trading orders, according to the SWX trading organisation,
are executed on a price/time priority, ie in the order of price (first priority) and time received (second
priority).
Exchange at SWX is divided into four periods: pre-opening, opening, continuous trading, and close of
trading. Pre-opening starts at 5.30 pm on the previous business day and lasts until 10 pm. It resumes
at 6 am on the current business day. Orders (bids and offers) may be entered or deleted in the
electronic order book during pre-opening times, but no actual trades are made. A theoretical opening
price is continuously calculated and displayed for the guidance of traders. The opening period
determines the opening price and executes the orders according to the matching rules. This procedure
takes place at 8.30 am for Swiss government bonds, at 9 am for stocks, at 9.15 am for derivatives and
at 9.30 am for eurobonds, all other bonds and all other interest rate options. In order to establish the
opening price (or upon resumption of trading after an interruption), the highest-execution principle is
used; in other words, the price is fixed in such a manner as to achieve the largest possible turnover.
After the opening period, continuous trading begins. New orders are continuously matched with
existing ones. The matching rules are also applicable here. All orders are stored in the order book until
a counterpart is found. Close of trading, which determines the daily closing price, starts at 5.20 pm and
stops at 5.30 pm.
4.2.2 virt-x
Trading
virt-x provides a single open architecture platform which provides efficient, low-cost trading and
straight through processing of trades from trading to settlement in European equities. The SWX
trading platform is used by virt-x. The aim is to implement automated securities trading, clearing and
settlement at a European level.
virt-x is available for trading on all TARGET days, as specified by the European Central Bank. The
operating hours of virt-x are 6 am to 10 pm. The trading hours are 9 am to 5.30 pm. The trading
currencies are euros for euro countries and domestic currencies for the United Kingdom, Switzerland,
Sweden, Norway and Denmark. Pre-opening starts at 5.30 pm on the previous business day and lasts
until 10 pm. It resumes at 6 am on the current business day. Orders may be entered or deleted in the
electronic order book during pre-opening times, but no automatic execution occurs during this period.
A theoretical opening price is continuously calculated and displayed for the guidance of traders. The
exchange confirms the member’s order entry by order confirmation.
The opening period follows the pre-opening order book management period. During the opening
period members may enter, modify or delete orders. No automatic execution occurs during this period.
The market participants receive information on the situation in the public order book. All orders that are
still valid from the previous day or which were entered on the trading day participate in this auction
unless their execution is voluntarily restricted by the market participant. All executable orders are
matched in the opening auction (uncrossing of the book). The beginning of price determination is
random within a specific time interval, following the auction call, set by the exchange. The call has a
random end in order to avoid price manipulation. At the end of the random minimum period the order
book is frozen momentarily while the matching algorithm is run. No additional orders may be added or
deleted until the matching process for that security is complete; incoming orders or deleting
instructions are queued during this time and executed as soon as matching is completed. After price
determination is concluded, the participants whose orders are, in part or in full, executed, are informed
by a message confirming each execution that has occurred and giving all relevant trade information.
The opening price is computed according to the highest-execution principle; in other words, the price
is fixed in such a manner as to achieve the largest possible turnover.
Once the price determination process for each security has been completed, continuous trading in that
security begins and orders can be entered, modified and deleted as before. All non-executed orders
from the opening auction are forwarded to continuous trading unless otherwise restricted by the
market participant. Thus, incoming orders are checked for matching against orders already in the
book. All orders are stored in the order book until a counterpart is found or until they expire according
to the parameter entered by the member. Close of trading, which determines the daily closing price,
starts at 5.20 pm. The closing auctions stop at 5.30 pm.
settlement between each other by real-time links. Each depository has provided an outline service
description.
4.2.3 Eurex
Trading
Eurex operates a fully electronic platform on which trading takes place in three different phases. The
pre-trading period is the initiating phase, during which users may make inquiries or enter, change or
delete orders and quotes in preparation for trading. On the basis of the orders and quotes entered, a
preliminary opening price is displayed. During the pre-trading phase, traders are in a position to
assess supply and demand, and thus to determine their opening offers for prices of option series or
futures contracts. During the so-called netting phase, Eurex counts up all the orders and quotes which
have been entered, determining in this way the final opening prices of options series and futures
contracts. The auction principle (ie highest-execution principle) determines the price.
Trading continues throughout the trading period. This is the actual trading phase, in which orders and
quotes are matched and transactions are immediately confirmed online. During the trading period, all
the trading functions are at the user’s disposal. Trading ends with the post-trading period, where all
inquiry functions are available and market, limit or stop trades for the next day may be entered. Stock
market participants can enter these orders and quotes in the system for two hours after the trading
period ends. All the inquiry functions are available during the so-called post-trading phase.
Market orders are matched immediately at the best available market price. Hence, with market orders,
there is no guaranteed trade price. In options trading, market orders are matched as soon as possible
at the best possible price. Market orders that cannot be executed are written to the order book until
further quotes or tradable limit orders arrive. A market order is tradable when there are two opposite
limit orders, which can both be executed, ie with a buy limit equal to, or higher than, the sell limit
(crossed book). In futures trading, market orders are matched as soon as possible at the best possible
price, but only within a maximum range around the last trade price. The size of the range is product-
specific and determined by Eurex to make sure that market orders are only executed within an
adequate range around the last traded price. Market orders that cannot be executed immediately are
written to the order book.
The matching algorithm conforms to the price and time priority rule. This matching algorithm is
basically used for all products. When a new order is entered, Eurex first checks the limits of the orders
in the electronic order book and executes the orders with better limits before the orders with worse
limits. A time stamp is assigned to all orders entered into Eurex to determine the chronological priority
of the order for matching purposes. This time stamp is used to prioritise orders in the book with the
same price. Market orders have the highest priority for matching. Since the purpose of the market
order is to be carried out as quickly as possible at the best possible price, it must be entered without
execution restrictions. In the case of limit orders, orders with the best possible prices (ie highest price
limit for buy orders and lowest price limit for sell orders) take precedence in the matching process over
other orders with worse prices.
When matching against an incoming order, the pro rata allocation algorithm takes into account each
book order at the inside market price according to its percentage in overall volume, regardless of its
time stamp. The elimination of time priority results in a larger number of orders contributing to a trade,
since an incoming order is partially matched against a proportion of all orders at the current inside
market price in the book.
of participation entails different duties and requirements. GCMs can trade on the exchange and
perform the clearing for their own transactions, their clients’ transactions and the transactions of
exchange participants who do not have a clearing licence (ie NCMs). Moreover, GCMs are obliged to
provide margin to Eurex, to guarantee and perform the delivery for all exercises and all assignments
and to guarantee the cash settlement resulting from their own positions and transactions as well as
those of their clients and NCMs. DCMs can clear their own transactions, those of their clients and
affiliated NCMs.
Eurex was the world’s first exchange to expand its remote membership policy and facilities, already
valid for trading, to clearing. So-called remote clearing was introduced in August 2000. Participants
from every country in the European Union and from Switzerland are not only able to participate in
trading directly; they are also able to clear transactions themselves. At the end of 2000, there were
428 participants in Eurex.
Transactions in Swiss and German securities are settled on a delivery versus payment basis through
SIS or Clearstream Banking Frankfurt. Both CSDs have set up omnibus accounts and established a
cross-border DVP link. In addition to securities, clearing and settlement facilities, they also offer
clearing members facilities for deposits of collateral. With the introduction of physically deliverable
foreign currency products, a securities account is planned for the delivery of foreign securities. Cross-
border cash settlements by Eurex are processed through the Landeszentralbank Hessen in Frankfurt
am Main and euroSIC for euros, SIC in Zurich for Swiss francs and Clearstream Banking Frankfurt for
other currencies. Physical deliveries of securities are made upon instructions of Eurex to Clearstream
Banking Frankfurt or SIS.
SIS is in the process of setting up links to central securities depositories in Europe to ensure that
participants in other markets can also benefit from straight through processing (STP). Currently, there
are automated links to Clearstream Frankfurt (only for Eurex and OTC transactions), Clearstream
Luxemburg and Euroclear (only for eurobond trades) as well as to CRESTCo and Euroclear (for virt-x
trades). SIS and CRESTCo form The Settlement Network. Further links are planned. In addition, SIS
has a network of correspondents in all major markets around the globe.
4.3 The use of the securities infrastructure by the Swiss National Bank
The SNB makes intense use of the securities infrastructure. The repo platform, which was introduced
in 1998, is used by the SNB to conduct its monetary policy operations. Auctions are usually conducted
on a daily basis. Since October 1999, the SNB has offered intraday repos through the same platform.
The corresponding depository services are provided by SIS. In addition, like any bank, the SNB relies
on the services provided by SIS for its other business activities.
Table of contents
List of abbreviations
Introduction
The allocation of responsibilities amongst the UK financial sector authorities has changed considerably
in recent years. In 1997, the role of banking supervision was transferred from the Bank of England to
the Financial Services Authority (FSA). On 1 December 2001, the Financial Services and Markets Act
(FSMA) 2000 came into force, substantially replacing the previous regulatory framework for financial
services and bringing the regulation of securities, banking and insurance under the supervision of a
single regulator, the FSA.
Under the Bank of England Act 1998, the Bank has statutory objectives relating to monetary policy;
these are to maintain price stability and, subject to that, to support the government’s economic policy.
It is also required by the 1998 Act to formulate and publish its objectives and strategy. In general terms
the objectives (or core purposes) are to:
· maintain the integrity and value of the currency;
· maintain the stability of the financial system, both domestic and international; and
· seek to ensure the effectiveness of the United Kingdom’s financial services.
These objectives are reflected in a memorandum of understanding between HM Treasury, the Bank
and the FSA to establish the framework for cooperation between the three bodies in the field of
financial stability following the decision to transfer banking supervision from the Bank to the FSA.
In the payments industry, the main private sector body is the Association for Payment Clearing
Services (APACS), set up in 1985. APACS is a non-statutory association providing a forum for the
major banks and building societies to discuss non-competitive issues relating to money transmission.
Three operational clearing companies currently fall under the APACS umbrella: CHAPS Clearing
Company; BACS Ltd; and Cheque and Credit Clearing Company Ltd.
Most high-value wholesale payments go through the CHAPS (Clearing House Automated Payment
System) RTGS system. There is, however, no lower limit on transaction values, and the system can
be used for low-value (retail) payments when same-day finality is required. The system offers two
separate clearings - one denominated in sterling, the other in euros. CHAPS Sterling moved to RTGS
in April 1996, having previously settled on an end-of-day net basis. On 4 January 1999, CHAPS Euro
began operations, and connects to the pan-EU TARGET system. Member banks can thus route both
domestic and cross-border payments through CHAPS Euro. Since August 2001, with the completion
of the NewCHAPS project, CHAPS Sterling and CHAPS Euro have operated on a common (SWIFT-
based) technical platform.
There are two retail-oriented payment clearing arrangements in the United Kingdom. The BACS
system offers an ACH service handling electronic payment orders, whilst the Cheque and Credit
Clearing Company processes paper items such as cheques and credit vouchers. For both these
clearings there is a two-tier access structure with direct settlement members and “indirect”
participants. Settlement between direct members occurs across accounts held at the Bank of England.
Plastic cards are widely used in the United Kingdom. Credit cards are predominantly issued through
the Visa and MasterCard schemes, while the main debit card issuers are SWITCH and Visa debit.
Virtually all ATMs are interconnected via the LINK network, which allows the customers of participating
institutions to access their accounts from any of these institutions’ ATMs.
The Bank of England’s role in payment systems is fivefold. First, it is a full member and shareholder of
the three main clearing companies and of APACS. Second, it maintains the RTGS processor that is
used to apply real-time payments to settlement accounts held with the Bank. Third, in order to allow for
the smooth flow of payments through the CHAPS system, the Bank provides the CHAPS banks with
additional intraday liquidity through repo agreements. Fourth, the Bank maintains an active policy
interest in payment systems. Finally, the Bank is responsible for the oversight of UK payment systems
and as such for ensuring that sufficient weight is given to risk reduction and management in such
1
systems’ design and operation.
1
The Bank’s oversight role is described in Oversight of Payment Systems (Bank of England, November 2000).
In the United Kingdom, there are currently four major Recognised Investment Exchanges (RIEs) for
securities. By far the largest is the London Stock Exchange, which operates order- and quote-driven
markets in UK equities, international equities, UK government and commercial sterling bonds,
eurobonds, medium-term notes, depositary receipts and exchange-traded funds. virt-x is an electronic
stock exchange, operating an order-driven market in the majority of UK-listed securities and the
largest European stocks. Coredeal MTS is a quote-driven market for benchmark corporate bond
issues. Jiway, a hybrid order/quote-driven trading system, matching low-value buy and sell orders in a
wide range of US and European equities, is part of the OM London Exchange (OMLX).
The United Kingdom has three Recognised Clearing Houses (RCHs): the London Clearing House
(LCH), the European Central Counterparty (EuroCCP) and CREST.
LCH provides CCP services to the London International Financial Futures Exchange (LIFFE), the
London Metal Exchange (LME), the International Petroleum Exchange (IPE), the London Stock
Exchange (for trades on the SETS electronic trading platform) and for a limited number of contracts on
the US-based Intercontinental Exchange. It also clears cash and repo transactions in a range of
European government (including UK government) and supranational bonds and OTC interest rate
swap transactions (with other instruments to be added to both services).
EuroCCP is the CCP chosen to clear for Nasdaq Europe, the pan-European stock exchange.
CREST is the United Kingdom’s principal settlement system, and currently settles transactions in UK
and Irish equities, government bonds and corporate fixed interest stocks held in dematerialised form.
The system is operated by CRESTCo, a private sector company owned by a wide range of financial
institutions operating in the securities markets. In 1999, control of the Bank of England’s settlement
systems CGO (for gilts and non-British government sterling debt) and CMO (for money market
instruments) was transferred to CRESTCo, although the Bank of England continues to provide
depository services for CMO instruments. Settlement of gilts and non-British government sterling debt
was successfully absorbed into an enhanced CREST system in July 2000 and the CGO was closed;
work is under way to integrate CMO instruments into CREST, thereby creating a single unified UK
securities settlement system (SSS). CREST has also established links to other settlement systems in
Europe and North America to enable transactions in foreign securities to be settled in CREST. In
September 2002, a merger between CRESTCo and Euroclear was completed. The aim is to have a
new settlement platform in place by 2005, although CREST members will for the time being access
this platform using the system functionality currently available to them in CREST.
With the closure of the CGO and transfer of the CMO to CRESTCo, the Bank of England now has less
direct involvement in trading, clearing and settlement. As well as being a participant in the money,
bond and foreign exchange markets, the Bank also provides a settlement bank service for certain
customers in CREST and the CMO.
1. Institutional aspects
There are principally four pieces of legislation that relate to the provision of payment services in the
United Kingdom. The Bills of Exchange Act 1882 is a comprehensive codification of the previous law
on bills of exchange, while the Cheques Acts, 1957 and 1992, modify the general principles of the
1882 Act as applied to cheques. More recently, the Deregulation (Bills of Exchange) Order 1996
allowed for the electronic truncation of cheques (see Section 3.4.4 below).
UK competition law relevant to payment systems is largely embodied in the Competition Act 1998. The
United Kingdom’s clearing systems and their membership criteria are (in addition to any EU
competition law aspects) therefore subject to the provisions of this Act and the scrutiny of the Director
General of Fair Trading in exercising the various powers available under that Act.
In December 2000, the government published a consultation document, Competition in Payment
Systems, proposing that the Director General of Fair Trading should be given new powers aimed at
promoting effective competition in payment systems for the benefit of consumers and businesses. The
follow-up response to this consultation, published in August 2001, confirmed the government’s
intention to legislate. In the light of this, the United Kingdom’s Office of Fair Trading set up a
department to prepare for and administer any new regime.
The EC Directive on cross-border credit transfers was implemented in the United Kingdom by the
Cross-Border Credit Transfers Regulations 1999, which clarifies the responsibilities of institutions
participating in the sending, processing and receipt of cross-border credit transfers. This has been
followed by an EC Regulation on the pricing of cross-border payments in euros, which was transposed
into the national law of all EU member states in December 2001.
Moreover, the EC e-money Directives of September 2000 relating to the taking-up, pursuit and
prudential supervision of issuers of electronic money have also been implemented in the United
Kingdom. The FSA is the body responsible for supervising the activities of all e-money institutions.
In the United Kingdom, securities may generally be held in certificated or in uncertificated (or
dematerialised) form. The Uncertificated Securities Regulations (USRs) 1995 provide for the
dematerialisation of UK equities, and enabled the CREST book-entry transfer system to be introduced
in July 1996. They were re-enacted with modifications in November 2001 as the USRs 2001. CREST
is subject to regulation by the FSA, both as an RCH under the FSMA 2000 and as the operator of a
relevant system under the USRs 2001.
Recognition of UK RIEs and RCHs is the responsibility of the FSA. Together with the four securities
RIEs mentioned in the Introduction, LIFFE, the IPE, the LME and the OMLX are RIEs. LCH, EuroCCP
and CRESTCo are RCHs. RIEs and RCHs are required to meet a range of criteria including
maintaining adequate arrangements and resources for the effective monitoring and enforcement of
their rules and, for RIEs, the provision of orderly markets. In return, they are exempted from many of
the requirements applied to investment firms by the FSMA 2000.
Under Part VII of the Companies Act 1989, special protection is available for transactions carried out
on RIEs and cleared through RCHs. Market contracts, the provision of margin, market charges
entered into in connection with transactions on an RIE or RCH, and action taken under the default
rules of an RIE or RCH are all protected from the adverse operation of certain provisions of insolvency
law. The forms of protection provided for in the Companies Act were extended to cleared OTC
transactions in 1998.
Similar protection is now accorded to payment and securities settlement systems, with the
implementation in the United Kingdom of the EC Settlement Finality Directive (SFD) by the UK
Financial Markets and Insolvency (Settlement Finality) Regulations (FMIRs) 1999. The protection
under the FMIRs is conferred only upon those systems that have been formally designated under the
regulations. The Bank of England is responsible for designating payment systems, and the FSA for
designating securities settlement systems (SSSs). In the case of embedded payment systems -
ie those SSSs through which payment transfer orders are also effected - the FSA is obliged to consult
with the Bank of England. To date, the Bank of England has designated CHAPS Sterling, CHAPS
Euro and, most recently, CLS. The FSA has designated CREST.
Banking activities
The Bank of England provides a range of banking services, including accounts and foreign currency
payments, to a number of public sector bodies, UK and international financial institutions (including
other central banks) and also its own staff. It also holds the settlement accounts of all the members of
the APACS clearings, but there is no general requirement for other banks to hold operational accounts
with the Bank.
Government departments are not, in general, obliged to hold accounts with the Bank of England. A
number of major departments, however, do so in order to facilitate the efficient operation of central
government banking operations. Moreover, the Bank of England acts as the clearing agent for the
2
large number of government payable orders issued through the Office of the Paymaster General (a
government department with close links to HM Treasury), the Inland Revenue, the Board of Customs
and Excise and National Savings and Investments.
2
These instruments are orders informing the payee that the public sector body issuing the order will pay the sum shown upon
presentation thereof by a bank or building society; they are therefore similar to cheques.
Pricing policies
The Bank of England’s charging policy in respect of its general banking operations is based on the
principle of fully recovering the costs of the services it provides.
The Cheque and Credit Clearing Company is responsible for the bulk paper clearing of cheques and
credits in England, Wales and (since December 1996) Scotland. Paper clearing in Northern Ireland is
not included in the APACS structure. It currently has 12 members, including one building society.
During 2001, APACS conducted a wide-ranging review of its governance arrangements. Following
this, a number of changes have been implemented, with the result that the individual clearing
companies now have an increased degree of autonomy. An aim of this move is to encourage
competition in the payments industry.
The Bank of England is a member of APACS and of the individual clearing companies as of right, as
well as by virtue of the banking business it conducts and its role in the settlement process. The Bank is
thereby entitled to appoint a Director to the Boards of each of the clearing companies and to
participate in all of APACS’s policymaking committees. The legal powers the Bank enjoys from this
representation are no greater than those of other members.
Any institution applying for membership of the major clearing systems must agree to pay an entry fee
and a share of the relevant system’s operating costs. It must meet the technical and operational
requirements of the clearing, and the applicant must also obtain explicit agreement from the Bank of
England to provide settlement account facilities for the purpose of settling obligations arising in these
clearings.
APACS coordinates the discussion of issues of a non-competitive nature with regard to the payment
card industry through the Card Payments Group. Membership of this Group, and of APACS, is open to
any credit institution issuing more than 1 million credit, debit, ATM and cheque guarantee cards in the
United Kingdom. There are currently 16 members of the Group. From an operational point of view,
however, debit card schemes operate independently of APACS and there are also separate
arrangements in respect of credit cards and ATM interoperability.
3
This is subject to the provisions of the Bankers (Northern Ireland) Act 1845 and the Bank Notes (Scotland) Act 1845. Bank
of England banknotes may be regarded as legal tender in England and Wales. Coins are legal tender throughout the United
Kingdom, subject to certain limits as specified by the Currency Act 1983. Banknotes issued by banks in Scotland and
Northern Ireland are not legal tender.
volume of such orders has been increasing over the past five years. The number of standing orders
processed by BACS in 2000 was 247 million, up from 216 million in 1995.
There has also been an appreciable rise in the number (and value) of credits other than standing
orders handled by BACS, which rose from 514 million items in 1990 to 1,060 million items in 2000. In
the past, such credits tended to be used mainly for the disbursement of regular bulk payments such as
salaries and wages. Increasingly, however, they are also being used for other transactions, such as
one-off payments to business suppliers, and to make consumer payments initiated through telephone
and PC banking.
BACS has also developed a separate credit transfer system for domestic euro transactions, which
operates in a similar way to its sterling direct credit service. A number of members now offer the euro
service to their corporate customers. However, the number of payments cleared through the BACS
euro scheme remains very low. Annual volume in 2000 was around 6,300 items, with a total value of
around EUR 390 million.
2.2.2 Cheques
As with paper-based credit transfers, the volume of payments cleared by means of cheques has fallen
both in absolute and in relative terms since 1990. The number of interbank and interbranch items
processed in the United Kingdom fell from 3,210 million in 1990 to 2,286 million in 2000. Cheques
nevertheless still accounted for around 24% (by volume) of non-cash payments in 2000, and the
values processed annually between 1990 and 2000 actually rose from GBP 1,329 billion to
GBP 1,670 billion.
Payment by cheque to retailers is generally acceptable at the point of sale only if the drawer presents
a cheque guarantee card issued by the institution on which the cheque is drawn. At the end of 2000,
over 56 million cards with a domestic cheque guarantee function had been issued in the United
Kingdom by 61 institutions cooperating within the Domestic Cheque Guarantee Card Scheme. The
cards may have maximum guarantee limits of GBP 50, 100 or 250 (the amount is printed on the card),
and individual institutions are free to choose which limit to offer to their customers. It is common for
cheque guarantee cards to also function as a debit card and an ATM card.
The use of cheques at the point of sale has declined dramatically since the widespread introduction of
debit cards, but they are still frequently used for the remote payment of utility bills and for business-to-
business payments.
The Cheque and Credit Clearing Company has developed a euro bulk paper clearing to handle
UK-issued cheques drawn in euros and presented in the UK cheque clearing. However, the number of
payments cleared through the euro scheme remains very low, with annual volumes in 2000 of around
154,000 (for a total value of around EUR 1,500 million).
Debit cards
Two debit card schemes were introduced in the late 1980s, and a large number of UK banks and
building societies now provide their customers with debit card facilities. UK debit cards enable
cardholders to make payments which are automatically debited from their current accounts, usually
one or two days after the transaction has taken place.
The Switch scheme was launched in October 1988. By the end of 2000, the number of cards issued
by UK banks and building societies under this scheme (Switch and Solo cards) had risen to 24.3
million, up from 11.4 million in 1990. Visa Delta was launched in February 1991, though UK-issued
Visa debit cards had existed under different brand names since late 1987. A separate Electron brand
was introduced in 1997. At the end of 2000, there were 25.4 million Visa debit cards in circulation, up
from 7.5 million in 1990.
Both Switch and Visa debit cards can be used at EFTPOS terminals and remotely (via phone, mail or
internet). Although these schemes allow cardholders to make payments overseas, they are primarily
domestic schemes.
Visa Electron and Switch Solo cards are completely online debit cards. Both of these products operate
in the same way as conventional UK debit cards, except that they require every transaction made to
be authorised online, regardless of value. This allows them to be issued to customers who would not
normally qualify for a debit card.
During 2000, UK-issued debit cards were used for over 2,300 million purchases in the United
Kingdom, up from 192 million purchases in 1990. The number of debit card transactions now exceeds
both credit card usage and the number of guaranteed cheques drawn at the point of sale. The average
size of debit card domestic transactions (approximately GBP 33 in 2000) tends, however, to be lower
than for those where payment is effected with credit or charge cards (approximately GBP 60 in 2000).
A number of retailers offer “cash back” facilities operated through the electronic point-of-sale systems
in their stores. These facilities enable holders of debit cards to obtain cash as well as goods. It is
estimated that there were 201 million cash back transactions in 2000.
average transaction value per card was GBP 113, more than double the average transaction value of
GBP 52 per credit card.
Retailer cards
Many retailers issue their own “in-store” cards. These typically only serve one store group and many
operate on the basis of a revolving credit facility. This method of payment has not, however, proved to
be popular with consumers. Indeed, in 2000, there was an estimated fall of 6 million - to 125 million - in
the annual number of proprietary card payments made in the United Kingdom.
A recent trend is for retailers, particularly supermarkets, to offer banking services, either in their own
right by obtaining a banking licence (for example, Marks & Spencer and J Sainsbury), or in conjunction
with a commercial bank. An example of the latter is the Tesco supermarket group: in partnership with
the Royal Bank of Scotland, Tesco now offers a Visa credit card, an instant access savings account,
insurance products and an account which allows withdrawals at ATMs and debit card payments.
Electronic money
E-money activities in the United Kingdom are currently very small-scale. The two most significant pilot
schemes, Mondex and Visa Cash, have now both closed, although a few campus-based trials remain.
Nonetheless, other potential e-money providers (including several internet-based schemes) are
preparing to enter the market in the United Kingdom.
At its peak, there were approximately 13,000 cardholders involved in the Mondex trial. Cards could be
loaded from an ATM, with a special telephone, or by card-to-card transfer using an “electronic wallet”.
The majority of transactions were for less than GBP 20, and the average load amount was GBP 28.
Approximately 60,000 cards were issued by the Visa Cash scheme, but the value stored on these
cards could only be transferred to participating retailers - not to other cardholders.
Following consultations by HM Treasury and the FSA, the EC Directives on e-money have been
incorporated into UK law. This move makes the issue of e-money in the United Kingdom a regulated
activity under the FSMA 2000. There will, however, be a provision for small issuers to apply for a
waiver from regulation by virtue of their small size or limited area of operation. The intention is to
ensure an equitable application of the Directives for both bank and non-bank issuers of e-money.
before being permitted to join the network. The new machines are mainly sited in retail outlets. Any
decision on charging is up to the ATM owner, but the vast majority of banks do not charge for the use
of their machines.
APACS is currently managing a programme to improve the security of plastic cards in the United
Kingdom. Card fraud, the majority of which arises from transactions made using counterfeit cards, has
been increasing over recent years. Total fraud losses in 2000 reached nearly GBP 300 million, a rise
of 55% on the 1999 figure. The UK banking industry is combating this problem by issuing cards with
embedded microchips, commonly known as chip cards. It is intended that all UK debit, credit and
charge cards will have been upgraded by the end of 2004.
Moreover, all credit and debit card transactions at the point of sale will, by 2005, be authorised by the
customer keying in a PIN (personal identification number) rather than by signing a receipt. A public
trial is planned for 2003. The combination of highly secure chip cards together with the use of PINs is
expected to dramatically reduce the losses arising from card fraud.
3.2 CHAPS
CHAPS started operating in 1984 as a nationwide, electronic interbank system for sending irrevocable,
guaranteed and unconditional sterling credit transfers. Final settlement took place on an end-of-day
multilateral net basis. In April 1996, CHAPS was developed into an RTGS system and now handles
nearly all large-value same-day sterling payments between banks. The average daily value of
payments passing through the CHAPS Sterling system was GBP 195 billion in 2000 and, on a peak
day, the system has processed transfers with a total value of GBP 318 billion. There are currently 13
direct participants in CHAPS Sterling.
In January 1999, a second CHAPS system - for euro-denominated payments - was launched. CHAPS
Euro connects to the TARGET system, which links together the RTGS systems of the 15 EU states
and the European Central Bank. This provides member banks with the ability to make and receive
cross-border as well as domestic payments in euros. A total of 20 banks, including two remote
participants, are members of CHAPS Euro. Of these, 12 banks (including the Bank of England) are
also members of CHAPS Sterling.
With the introduction of an enhanced RTGS service called NewCHAPS in August 2001, CHAPS
Sterling and CHAPS Euro now operate on a common technical platform. The new platform, which is
based on the SWIFT FIN Copy Financial Application service, enables member banks to manage their
outgoing payments using a central scheduler and also to obtain real-time payment flow information via
the “Enquiry Link” facility.
4
The different closing times arise from the requirement that CHAPS Euro observe the TARGET timetable.
5
The Bank of England must sanction all transfers made under this scheme. The receiving bank must also confirm that it is
prepared to accept the funds.
details of its account balance, a summary of its CHAPS payments settled and a listing of various
non-CHAPS items it has paid or received by making use of Enquiry Link.
There are no provisions in the CHAPS rules for revocability, but where a payment has been made in
error, the receiving settlement member is required to send an offsetting transfer back to the original
sender by no later than 12 noon the next day. The central systems at the Bank of England include a
facility to allow settlement requests which have been mistakenly forwarded to the RTGS system (but
which have not yet been settled) to be cancelled at the request of the sending bank.
As a form of contingency, the NewCHAPS platform provides (for both CHAPS clearings) functionality
known as circles processing. This allows queued payments held at two or more banks to be forwarded
to the central RTGS accounting system at the Bank of England and settled simultaneously, although
still in gross form. This is a useful mechanism to address situations where there may be insufficient
liquidity to allow each payment in a given set to settle sequentially, but where the available funds
would permit these to be settled collectively. While this facility assists in preventing blockages
(gridlock) from arising, it is not used routinely during the course of each day, given that the CHAPS
banks have access to additional intraday liquidity to ensure that all payments can be made (see
Section 3.2.5 below).
In order to guard against the failure of the central RTGS platform, the Bank of England’s real-time
accounting system is duplicated at a remote standby site. All entries to accounts held at the main site
are copied to this second location and the standby site is able to take over the functions of the main
site if its ability to operate is impaired. As a final resort, the CHAPS clearings both have the ability to
operate as net end-of-day systems in the unlikely event that both the primary and secondary sites are
rendered inoperable.
Each settlement member has its own contingency arrangements to address the possibility of an
internal systems failure during the day. These may take a variety of forms and are the responsibility of
the individual member.
6
A list of the assets eligible for intraday repo is maintained on the Bank of England’s website,
http:\\www.bankofengland.co.uk.
3.3 BACS
BACS is an ACH responsible for clearing bulk electronic transfers in both debit and credit form, and
now processes the great majority of electronic interbank funds transfers in the United Kingdom. The
clearing is operated by BACS Ltd. The service (which began operating in 1968 as the Interbank
Computer Bureau) was established to provide a more efficient method of handling interbank transfers
by means of magnetic tape rather than paper instruments, although BACS transfers are now
exclusively input through telecommunications links.
3.3.5 Pricing
BACS Ltd applies tariffs to the sponsoring banks of users in respect of both incoming and outgoing
payment messages. The sponsoring banks negotiate independently with users and other customers
the charges which they will incur as a result of generating BACS transfers or receiving credits through
this medium.
Clearing
A cheque presented to a branch of a member bank during banking hours will usually be processed by
the collecting bank that day. This may involve the magnetic encoding of the value of the cheque in the
pre-existing codeline at the bottom of the cheque, but members are moving towards the adoption of
new technologies, such as imaging reading, that will circumvent the need for this.
Early the following day, cheques are sent to the collecting bank’s clearing centre. Here the cheques
are automatically “read” by machines, which evaluate the codeline and sort the cheques by drawing
bank. The codeline data are then transmitted over the Interbank Data Exchange (IBDE) network,
which is currently operated by BACS. These data are primarily used as a check on the paper delivery,
but also allow the paying bank to begin updating customer accounts before the paper items arrive.
Having been sorted, the cheques are sent by the collecting bank to the Clearing Exchange Centres
(one in London and one in Scotland), where they are passed to the paying bank. The Clearing
Exchange Centres are open between 6.30 and 11 am each day. Received cheques are then
processed by the paying bank’s clearing centre to verify the value of settlement between itself and
other settlement members and to sort the cheques between its own branches.
The cheques are then packaged ready for delivery to the individual branches on which they are drawn,
although a change in the law in 1996 removed the requirement for cheques to be presented
8
physically. Electronic data are now a legally acceptable form of presentation, and many banks are
now retaining cheques at their head office or clearing centre. This is known as paying bank truncation.
Whether in physical or electronic form, the cheques will arrive at the relevant branch by the third day of
the clearing cycle. Branch staff then review them to see whether the instruments in question should be
7
Members of the Company operate as settlement members of both cheque clearing and credit clearing; they do not have the
option of being a member of only one of these two payment systems.
8
The relevant legislation is the Deregulation (Bills of Exchange) Order 1996.
accepted or returned. The point at which the collecting bank credits funds to the payee’s account and
allows the payee to draw against these is a commercial decision and varies between banks.
Paper credits, for which the collecting bank is generally the payer’s bank, follow a reverse process to
cheques. The processing procedures for the credit clearing are very similar to those employed in the
cheque clearing, but the codeline data, despite the pre-printed details being more comprehensive than
on cheques, are not transmitted over the IBDE network. Moreover, settlement figures for the credit
clearing are ascertained by receiving banks once they have read the codeline data.
Settlement
The interbank settlement of items processed through the cheque and credit clearings occurs on the
third day of the cycle. In respect of each clearing, multilateral net obligations for each member are
transmitted to the Bank of England no later than 10.30 am. Settlement is then effected at 11 am
through postings of the net amounts to the members’ settlement accounts using the RTGS processor.
There is no system of limits to control the interbank settlement obligations that arise in the cheque and
credit clearings. In contrast to CHAPS, the settlement members of these clearings are considered to
be acting as agents of their customers rather than as principals. The value of interbank settlement
obligations is also typically much smaller.
3.4.5 Pricing
The Cheque and Credit Clearing Company does not impose a per-item charge on cheques or credits
handled; its costs are met through direct contributions by shareholders (the settlement members).
Banks negotiate charges with their business customers for processing debits and credits arising from
paper instruments, but most banks do not impose such direct fees on their personal customers.
UK markets
The United Kingdom has major securities markets in UK government stocks, domestic and
international equities, debt securities (including eurobonds) and money market instruments. There is
also a highly developed market in derivatives based on these and other instruments. The most active
participants in these markets are domestic and international banks and securities houses, as well as
institutional investors such as pension funds and insurance companies.
Equities, debentures, loan stocks and other securities listed in the United Kingdom are mainly traded
through the London Stock Exchange, but some volumes also go through virt-x. Both exchanges also
offer trading facilities in a range of overseas securities. UK government stock is mostly traded through
gilt-edged market-makers, subject to the rules of the London Stock Exchange. Eurobonds and short-
term eurocurrency paper are generally listed in the United Kingdom or on the Luxembourg Stock
Exchange, but are traded OTC under the rules of the International Securities Market Association
(ISMA). A significant proportion of all eurobond trading takes place in London.
There is also a very large volume of OTC derivatives activity in London and standardised derivatives
contracts are traded on LIFFE, the LME, the IPE and the OM London Exchange (OMLX). LIFFE’s
contracts comprise futures and options on UK and foreign government bonds, short-term interest
rates, equity indices and individual equities. The LME and IPE offer contracts on metals and energy
products respectively. In addition to providing Swedish equity derivative contracts on an automated
trading system linked to that of its parent, the OMLX also operates Jiway and the UK Power
Exchange.
Sterling- and euro-denominated money market instruments are traded OTC.
Trading
UK exchanges, clearing houses and settlement systems have undergone significant change in recent
years, and this process continues at a rapid pace. Like many of their European counterparts, the
United Kingdom’s exchanges have responded in a variety of ways to the opportunities offered and
challenges posed by the integration of (particularly European) capital markets, technological
advances, member consolidation and increases in global cross-border trade.
Both the London Stock Exchange and LIFFE have introduced electronic trading systems. Around 200
securities are traded on the London Stock Exchange’s SETS electronic order book, although a
significant proportion of trading in these securities continues to take place over the telephone or via
automated systems provided by the major market liquidity providers (in particular the so-called retail
service providers). Trading in most of the remainder of London Stock Exchange securities is facilitated
by a screen-based quotation system called SEAQ (Stock Exchange Automated Quotation), which
displays two-way prices from competing market-makers. For less liquid and AIM (Alternative
Investment Market) securities, a hybrid market of quotes and orders is used. The London Stock
Exchange also supports the SEATS PLUS trading system, a hybrid quote-driven/order-matching
system which is used for less liquid securities in addition to securities listed on AIM. virt-x and the
OMLX continue to offer electronic order books. The vast majority of LIFFE contracts are now traded on
LIFFEConnect. Furthermore, both the IPE and the LME are assessing their members’ needs in this
respect and plan the limited introduction or expansion of existing screen trading facilities (eg LME
Select).
The London Stock Exchange, LIFFE, the IPE and the LME have all demutualised to become for-profit,
shareholder-owned institutions. Demutualisation is enabling these exchanges to respond more
efficiently to commercial pressures in an increasingly competitive environment. virt-x plc is part-owned
by the SWX Swiss Exchange and the TP Consortium (a group of major European securities firms); its
shares are traded on the London Stock Exchange’s AIM. The OMLX is a part of the OM Group, which
is listed on the Swedish Stock Exchange. The London Stock Exchange’s shares are listed on its own
exchange. Subsequent to their demutualisations, LIFFE has been purchased by Euronext and the IPE
by the Intercontinental Exchange (a US-based commodity trading platform run by a consortium of
banks, oil and energy firms).
The opportunities offered by these developments have encouraged a number of new and prospective
entrants into the UK equity markets. Thus, Jiway offers execution facilities to brokers and other
financial intermediaries for transactions below a certain size limit, based on a central order book
supported by firm quotes provided by market-makers. Agency brokers such as Instinet and Posit
provide matching facilities to institutional investors and brokers. E*Crossnet provides a crossing
service to institutional investors. Market-makers and institutional brokers continue to expand the range
of crossing and order-routing facilities available to customers.
Similar trends are being seen in the fixed interest markets. Recent years have seen the introduction of
a range of electronic inter-dealer and dealer-customer execution and quotation systems. Coredeal
MTS (an RIE) and authorised financial intermediaries such as BrokerTec, EuroMTS and
Cantor/E*Speed provide inter-dealer execution in a wide range of eurobond and European
government bond cash trades and repos. For the time being, UK government bond trading remains
largely telephone-based, with market-makers’ quotes being distributed over a variety of quote vendor
systems. The UK Debt Management Office is, however, planning to introduce an electronic inter-
dealer system with mandatory quote obligations.
Clearing
LCH remains the United Kingdom’s principal CCP clearing house, although the OMLX and Jiway also
operate in-house clearing facilities. In September 2001, the EuroCCP gained RCH status and has
been chosen as the CCP for Nasdaq Europe.
LCH continues to provide CCP services for LIFFE, the LME and the IPE, along with the clearing of
cash and repo trades in European government and supranational bonds (“Repoclear”, which was
expanded to include UK government bonds in August 2002) and plain vanilla interest rate swaps
(“Swapclear”). Since 26 February 2001, LCH has acted as CCP for trades on the London Stock
Exchange’s SETS electronic trading system, in cooperation with CRESTCo; and on 18 March 2002 it
began to act as CCP for a limited number of contracts traded on the Intercontinental Exchange. LCH
and virt-x have been in discussion with the aim of implementing a CCP for the exchange in March
2003.
Settlement
Settlement is also undergoing a process of consolidation, both domestically and internationally. Again,
this process reflects the considerable operational savings and efficiencies and the potential reductions
in risk available from rationalisation.
CRESTCo owns and operates the United Kingdom’s two settlement systems, CREST and the CMO.
Opened in 1996, CREST initially settled UK and Irish equities and corporate bonds. In July 2000, UK
government debt was integrated into the system and the CGO was closed. Money market instruments
continue to settle in the CMO, but work is under way to integrate them into CREST (by end-2003).
CRESTCo has, in addition, established direct links to CSDs in Switzerland (SIS SegaInterSettle) and
the United States (DTCC) and to Euroclear, enabling CREST members to hold securities which settle
in those systems. CSDs from the following countries have also established links to CREST: Sweden
(VPC); the Netherlands (Necigef); and Australia (CHESS).
Most recently (September 2002), the merger between CRESTCo and Euroclear has taken place.
CRESTCo has become a wholly owned subsidiary of Euroclear Bank, but will continue to operate as
CRESTCo at least until the launch of the new group’s “single settlement engine”, planned for 2005.
4.2 Trading
Regulatory status
The London Stock Exchange is an RIE under the FSMA 2000. Responsibility for the UK Listing
Authority, which regulates the United Kingdom’s primary market for issuing companies, was
transferred to the Financial Services Authority in May 2000.
Participation
The London Stock Exchange has approximately 300 member firms. In order to trade on the Exchange,
a firm must become an authorised member firm or a SETS participant.
An applicant for membership must be:
· authorised under the FSMA 2000;
Transactions handled
The following classes of security are admitted to trading on the London Stock Exchange:
· UK equities;
· international equities;
· shares and fixed interest stocks of companies admitted to AIM, which was set up in 1995 for
young and fast-growing businesses;
· securities on techMARK, for innovative technology companies;
· securities issued by the UK government (gilts);
· sterling bonds issued by companies or local authorities;
· eurobonds and euro-convertible bonds and medium-term notes issued by UK and
international companies;
· depositary receipts; and
· exchange-traded funds.
In 2001, over 595 billion UK equity shares were traded on the London Stock Exchange, representing a
turnover value of approximately GBP 1,905 billion. In the same period, approximately 1,208 billion
trades in international equity shares were reported to the Exchange, with a corresponding turnover
value of GBP 3,676 billion.
Clearing/settlement
In February 2001, the London Stock Exchange, CRESTCo and LCH introduced a central counterparty
service (CCP) on a gross basis for trades executed on SETS. With LCH acting as CCP, market
participants have full post-trade anonymity and improved management of counterparty risk. The
service was expanded in July 2002 with the implementation of settlement netting.
Trades in UK equities and corporate bonds settle through CREST. The standard settlement cycle is
three days. Participants may, however, agree to use a different cycle for individual trades ranging from
same-day to 25-day settlement. Trades in overseas equities settle through the relevant domestic or
international CSD in accordance with local market deadlines.
Operating hours
Trades can be reported to the Exchange from 7.15 am to 5.15 pm London time. Trades executed
outside these hours are reported when the system next opens.
The SETS Order Book continuous execution period and SEAQ Mandatory Quote period extend from
8 am to 4.30 pm London time. The SETS opening auction call period runs from 7.50 to 8 am and the
closing auction call period from 4.30 to 4.35 pm (with a random end in each case to discourage market
manipulation). Auction call periods are automatically extended in the instance of unfilled market orders
or price movements greater than defined parameters.
The International Order Book has an opening auction call period from 8.30 to 9 am, and this is
immediately followed by a continuous trading period that ends at the start of the closing auction at
3.30 pm. The closing auction call period lasts for 10 minutes subject to a random end and any price or
market order extensions.
The International Retail Service mandatory committed principal period is based on that of the home
market, subject to a London opening time no earlier than 8 am and end time no later than 5 pm.
SEAQ International quotations may be input between 7.30 am and 5.15 pm London time.
4.2.2 virt-x
Regulatory status
virt-x is an RIE under the FSMA 2000 and is also designated as a “regulated market” under the ISD.
virt-x does not have listing authority in the United Kingdom and the procedure for listing of Swiss blue-
chip equities is under the authority of SWX.
Participation
virt-x can be accessed by regulated financial institutions from the EEA, Switzerland, Hong Kong and
the United States. It currently has 107 approved members, of which 102 are live trading members.
Transactions handled
virt-x provides trading in pan-European blue chips of the major European indices, eg the FTSE 100
and the STOXX 50.
Clearing/settlement
All order book trades settle on a T+3 basis, and can be settled in CREST, SIS or Euroclear. Currently,
settlement is between trading counterparties; it is envisaged that CCP clearing through LCH and
x-clear will be introduced in March 2003.
Operating hours
virt-x trading hours are from 8 am to 4.30 pm London time.
Regulatory status
Coredeal MTS is an RIE under the FSMA 2000. The exchange has also been designated as a
regulated market by the FSA for the purposes of the ISD.
Participation
Coredeal MTS admits members on the basis of them contracting to abide by the exchange’s rules and
guidance. There are two classes of member: clearing and non-clearing. Clearing members are also
required to be a member of the central counterparty TradeGo. Non-clearing members are not required
to be a member of TradeGo but must instead make arrangements with a clearing member to clear
transactions on their behalf. As an RIE, Coredeal MTS monitors members’ compliance with its rules
and there is a clear disciplinary process should rule breaches occur. Access to the trading system for
all members is strictly controlled and monitored.
Transactions handled
Coredeal MTS is an electronic exchange for benchmark corporate bond issues.
Clearing/settlement
All trades are executed on Coredeal MTS anonymously, after which settlement instructions are
automatically generated from the Telematico system and sent to TradeGo (via Euroclear). Trades for
non-clearing members are cleared in the name of the clearing member with whom the necessary
arrangements have been made.
Outright cash trades on Telematico settle according to the prevailing market rule for the relevant
instrument traded. Most eurobonds settle on a T+3 cycle in Euroclear.
Operating hours
Coredeal MTS operates from 7.15 am to 4.30 pm London time.
4.2.4 Jiway
Regulatory status
The Jiway market started trading in November 2000. It now operates within the regulatory framework
of the OMLX, which acquired RIE status from the FSA in 1999.
Participation
Jiway admits as trading parties regulated European brokers and other financial intermediaries.
Transactions handled
Jiway is designed to provide its members with transparent and convenient access to markets for which
direct membership is commercially impracticable. It currently provides a single access point for
trading, clearing, settlement and safekeeping for equities in eight exchanges in seven countries (as at
September 2002) across Europe and the United States.
Clearing/settlement
All trades are executed against Jiway itself, which operates as the CCP.
Jiway provides a single access point for settlement of transactions across all of its markets. Trading
parties can elect to use Jiway for safekeeping or to designate external settlement systems on a
per-account basis.
Operating hours
Jiway gives access to trading each stock whilst that stock is open for trading on the underlying local
exchange. The Jiway support desk is open during European and US trading hours.
4.3 Clearing
Regulatory status
LCH is an RCH subject to supervision by the FSA under the FSMA 2000.
Financial resources
LCH assumes counterparty default risk when it accepts trades into clearing and covers that risk by
requiring payment of margin. Initial margin (collateral), which is collected on all trades, is intended to
protect LCH against the potential loss of a defaulter’s positions before closeout. LCH also collects
variation margin to re-establish this protection at close of business and, if necessary in fast-moving
markets, makes intraday calls for more margin. LCH restricts, mainly to cash, government bonds and
bank guarantees, the types of collateral that it will accept as initial margin. Cash margin payments are
received and made by LCH via the Protected Payments System, or PPS (see below).
Clearing members allocate business to house accounts (for the members’ own trades, related
companies and non-segregated customers, if any) and to customer accounts (for segregated
customers, if they have any). The two accounts are maintained and margined independently.
In the event that a default by a clearing member leads to LCH incurring a loss greater than the
defaulter’s margin, LCH has the following financial resources at its disposal:
· up to GBP 10 million of LCH’s current year’s profits;
· a cash-based default fund (GBP 335 million as at August 2002), to which all LCH members
contribute;
· GBP 200 million of insurance cover; and
· own funds of over GBP 50 million.
Regulatory status
EuroCCP is an RCH subject to the supervision of the FSA under the FSMA 2000.
Financial resources
EuroCCP assumes counterparty default risk when it accepts trades into clearing and it covers the risk
by requiring its participants to deposit collateral. The Participants’ current and projected trading
volumes and other risk-related criteria are taken into consideration when the required collateral deposit
is calculated.
At the end of the day, EuroCCP recalculates the requirement of each Participant and, at the opening
of business the following day, each Participant will be advised whether it needs to increase its deposit.
EuroCCP reserves the right, however, to require any Participant to increase its deposited collateral
intraday, should its exposure change. The collateral requirement is calculated on net positions by
currency and must be initially provided in the calculated currency in cash. Other forms of collateral are
being evaluated.
Participants can allocate business to principal accounts (for the Participant’s own trades, related
companies and non-segregated customers, if any) and to agency accounts (for segregated customers,
if any). The two sets of accounts are maintained and collateralised independently.
In the event that a default by a Participant leads to EuroCCP incurring a loss greater than the collateral
deposited by the defaulter, EuroCCP has the following financial resources at its disposal:
· the Participant Fund collateral deposits of the defaulting Participant;
· EuroCCP’s retained earnings (if any);
· EuroCCP’s excess operating revenues (if any); and
· a pro rata assessment against Participant Fund collateral deposits of all other Participants.
In addition, EuroCCP is currently exploring insurance cover as an additional resource.
4.4.1 CREST
Regulatory status
The dematerialisation of equities and other corporate securities was made possible by regulations
made under Section 207 of the Companies Act 1989 - the Uncertificated Securities Regulations
(USRs) 1995. Those regulations were amended in June 2000 to permit the integration of UK
government stock (gilts) into CREST. The USRs were re-enacted with modifications in November
2001 to allow the introduction of electronic transfer of title (see below).
CREST is subject to regulation by the FSA, both as an RCH under the FSMA 2000 and as the
Operator of a relevant system under the 2001 USRs. The merger with Euroclear has not affected the
regulatory status.
Participation
Membership is open to bodies corporate and individuals regardless of domicile or location (except as
mentioned below). Its membership comprises most firms active in the UK and Irish equity markets and
the gilt market (or their custodians), and a large number of individuals.
In CREST terminology, there is a distinction between “participants” and “users”. Participants are those
who hold securities in CREST (“members”) or who provide payment services (“settlement banks”) or
registration services (“registrars”). Users are those who communicate with CRESTCo on behalf of
participants. CRESTCo requires users to locate their gateway computers (the secure equipment used
for sending/receiving electronic messages to/from CREST) in the United Kingdom, Ireland, the Isle of
Man or, with the prior consent of CRESTCo, another EU member state.
Most corporate members maintain and operate their own securities accounts in CREST (“direct
members”). “Personal members” (mainly individuals) maintain accounts in their own name, but use the
facilities of a user (a “sponsor”) to communicate with CREST. Sponsors are required to be authorised
under the FSMA 2000. Non-members of CREST which are active participants in the equity or gilt
markets typically hold their accounts with custodians or brokers who are direct members of the
system, although individuals may choose to hold their securities outside the system altogether, in
paper form.
Applicants must enter a contractual agreement with CREST and arrange a daylight credit limit for
payments settlement with an approved settlement bank. CRESTCo may require participants and users
incorporated or resident outside the United Kingdom to provide a legal opinion confirming the
participant’s or user’s ability to be bound by the terms of the agreement executed by CRESTCo and
the participant or user.
Transactions handled
CREST settles the purchase, sale, loan and repo of UK and Irish equities and UK government and
corporate debt. Moreover, through its links to other settlement systems in Europe and the United
States, members are able to hold foreign securities. But the regulations governing CREST (ie the
USRs) permit only the holding of securities governed by English, Scottish and Northern Irish laws
(under a multi-jurisdictional approach, securities governed by Irish, Jersey, Guernsey and Isle of Man
laws are held pursuant to the laws of those jurisdictions).
Accordingly, a transferee of a foreign security receives a CREST Depository Interest (CDI), an English
law instrument representing the holder’s proprietary interest in the underlying foreign security, which is
held on his behalf in the issuer SSS by a special purpose CREST nominee. A deed poll executed by
CREST Depository Limited (CDL) sets out the holder’s right against the CDL to the underlying
securities. The CDI holder has legal title to the CDI and beneficially owns the underlying foreign
security. CREST has the capacity to settle in multiple currencies and currently provides for settlement
against sterling, euros and US dollars.
Settlement procedures
Since 26 November 2001, CREST has provided real-time DVP with settlement in central bank money
and irrevocable electronic transfer of title for securities denominated in sterling and euros. The USRs
2001 established the CREST records as the register for dematerialised UK securities (the Operator
register), such that at the point of settlement in CREST the transferee/buyer receives immediate and
irrevocable direct legal title to the dematerialised securities. CREST is not responsible for other
functions carried out by securities registrars, such as dividend payments and other corporate events;
the USRs require such registrars to keep a record of the Operator register for such purposes.
Also at the point of settlement, the CREST payment, which discharges the buyer’s obligation to the
seller, is accompanied by a simultaneous real-time payment from the buyer’s settlement bank to the
seller’s across settlement accounts at the Bank of England. As a result, the buyer is solely exposed to
the risk on their chosen settlement bank; and intraday risks between the settlement banks are
eliminated. Settlement banks maintain separate accounts for CREST and “clean” payments (ie those
arising other than from CREST). Settlement banks will balance (by means of liquidity transfers) their
available funds between these accounts throughout the day according to the demands arising in
CREST or from clean payments. At the start of each CREST settlement cycle, the liquidity balance on
each settlement bank’s CREST settlement account is irrevocably earmarked for CREST settlement.
Once CREST has identified a set of transactions for which sellers have stock, buyers have cash or
credit, and buyers’ settlement banks have sufficient earmarked RTGS liquidity, these transactions will
be settled with finality. Only transactions where both stock and cash/credit are known to be available
will be assessed for RTGS liquidity. Where available liquidity is insufficient, uncovered transactions will
be left to be reassessed in the next CREST settlement cycle. Once stock has been transferred with
legal title, and members’ cash/credit positions updated within CREST, the Bank is notified of the
dispositions of the earmarked liquidity and the resultant interbank RTGS transfers processed.
Remaining earmarked liquidity is then released and any queued liquidity transfers effected. The
earmarking process can then begin again.
In July 2002, the CCP service for SETS trades was expanded to include the option of settlement
netting. As a result of this enhancement, CREST users who opt for the service will have only one
settlement instruction to settle in each line of stock as a result of a day’s trading. Netting only applies
to sufficiently similar contracts; and the settlement (with LCH, as CCP) takes place on T+3, as for
non-netted SETS trades.
given customer and is a combination of unsecured credit and credit advanced in return for charge over
securities held by their customer in CREST.
To help increase the supply of liquidity available to the settlement banks intraday, CRESTCo and the
Bank of England have introduced self-collateralising repo arrangements whereby a purchasing
CREST member may use eligible securities (specifically UK government bonds) in the course of
settlement to generate intraday sterling liquidity for its settlement bank.
Pricing policies
CRESTCo sets prices to cover its costs, including the cost of capital. Users of the system have
received rebates from CRESTCo in recent years.
Regulatory status
With the transfer of ownership to CRESTCo, the CMO system is subject to the same regulatory
coverage as CREST.
Participation
Membership is open to all London money market participants subject to arrangements being made
with a settlement bank to make payments on their behalf. There are currently 31 members of the
CMO, which are drawn from a wide range of UK and overseas institutions. Over 200 firms also
participate indirectly in the CMO through agency arrangements with CMO members.
Before joining the CMO service, each prospective member must enter into contractual agreements
similar to those described in the case of CREST. CMO members have a book-entry account in their
own name and make arrangements for a settlement bank to make and receive payments on their
behalf for instruments transferred from and to other direct members.
Transactions handled
The CMO provides safekeeping and settlement facilities for sterling- and euro-denominated Treasury
bills, local authority bills, bank bills, trade bills, bank and building society CDs and commercial paper.
All of these instruments are immobilised in the CMO depository (which is operated on CRESTCo’s
behalf by the Bank of England), except for CDs, which are dematerialised using a contractual
structure. Settlement occurs in real time by means of book-entry transfer between accounts in the
CMO system.
Settlement procedures
Where a transaction is carried out against payment, the transfer of instruments between members
simultaneously generates an instruction to the taker’s settlement bank to pay the agreed amount to
the giver’s settlement bank. All such instructions are transmitted to the settlement banks following the
payment deadline. Payment instructions generated by the CMO are not assured and may, in
exceptional circumstances, be rejected by the paying member’s settlement bank, although this has not
happened to date. Reversal of such payments is effected by an adjustment to the final end-of-day
settlement calculation, provided notice is given to the Bank of England by 5 pm London time on the
day the payment is due to be made. Transfers of instruments cannot be reversed.
The final transfer of instruments and the generation of any corresponding payment instructions occur
simultaneously in real time throughout the day. Transfer of funds only becomes final, however, once
the net credits and debits of the settlement banks are applied to their RTGS accounts at the Bank of
England.
Table of contents
List of abbreviations
Introduction
The development of the payment system in the United States has been influenced by many diverse
factors. Firstly, there are numerous financial intermediaries that provide payment, clearing and
settlement services. Over 20,000 deposit-taking institutions offer some type of payment service.
Privately operated payment systems range from the localised interbank associations that clear
cheques for their members or operate automated teller machine (ATM) or point of sale (POS)
networks to the nationwide credit and debit card networks and a major “large-value” electronic funds
transfer system. In addition, the central bank plays a significant role in the payment system through
the provision of a wide range of interbank payment services.
Secondly, the legal framework governing payment activity as well as the regulatory structure for
financial institutions that provide payment services in the United States is complex. Financial
institutions are chartered at either the state or federal level, and are supervised by one or more
agencies at the state or federal level, or both.
Thirdly, a variety of payment instruments and settlement mechanisms are available to discharge
payment obligations between and among financial institutions and their customers. These payment
instruments vary considerably in their characteristics, such as cost, technology, convenience, funds
availability and finality, as well as in orientation towards consumer, commercial and interbank
transactions. The large-value electronic funds transfer mechanisms are used to discharge the bulk of
the dollar value of all payments in the United States. By contrast, the majority, by volume, of all
payments in the United States, particularly those involving retail transactions, continues to be settled
through the use of paper-based instruments, particularly cash and cheques. The use of electronic
payment mechanisms, such as the Automated Clearing House (ACH) and ATM and POS networks,
however, have been growing rapidly. In addition, innovation and competition have led to the use of
new instruments and systems that rely increasingly on electronic payment mechanisms.
The size and complexity of financial markets in the United States have created significant payment
and settlement interdependencies involving the banking system, money and capital markets, and
associated derivative markets. Market participants and the Federal Reserve have for many years
pursued measures to strengthen major US payment mechanisms, to increase processing efficiency,
and to reduce payment system risks.
1
Article 4A does not address transactions that are governed by the Electronic Fund Transfer Act of 1978 (primarily consumer
electronic funds transfers).
In addition, the rules and membership agreements of private clearing and settlement arrangements
provide a contractual framework for payment activity within the relevant governing law. For payment
services that the Federal Reserve operates, Federal Reserve regulations and operating circulars
2
specify the terms and conditions under which the services are provided.
1.1.1 Cheques
Articles 3 and 4 of the UCC together form the legal basis of paper-based cheque transactions in the
United States. In addition, Congress passed the Expedited Funds Availability Act of 1987 (EFAA),
which granted the Federal Reserve Board authority to make improvements in the cheque collection
and return system in the United States. In accordance with the EFAA, the Federal Reserve issued
Regulation CC, which includes a number of provisions designed to improve and accelerate the
collection and return of cheques among deposit-taking institutions. In addition to Regulation CC,
cheques collected through the Federal Reserve are governed by subpart A of the Federal Reserve’s
Regulation J, which provides rules for collecting and returning items through the Federal Reserve.
2
Federal Reserve Operating Circulars are available at www.frbservices.org/Industry/frIndustry.cfm.
3
All federally chartered banks are members of the Federal Reserve System. A state-chartered bank may become a member
of the Federal Reserve System by applying to the Federal Reserve. Each member bank is required to subscribe to the
capital stock of the Reserve Bank of its District.
4
well as the operations of foreign banking organisations in the United States. To ensure the safety and
soundness of the banking organisations that it supervises, the Federal Reserve conducts surveillance
and on-site examinations and undertakes enforcement and other supervisory actions.
The Federal Reserve’s regulatory responsibilities include the administration of laws governing the
acquisition of banks, the non-banking activities of bank holding companies that are closely related to
banking, mergers of both banks and bank holding companies, and certain other changes in control.
The Federal Reserve is also responsible for issuing regulations to implement a number of statutes
designed to ensure that consumers, including bank customers, have sufficient information and are
treated fairly in credit and other financial transactions.
4
Edge Act and agreement corporations engage in international banking and investment activities. Edge Act and agreement
corporations are chartered by the Federal Reserve Board under Section 25 of the Federal Reserve Act.
5
As of January 2003, discount window adjustment credit has been replaced with a new type of overnight or very short-term
credit called “primary credit”. The rate charged on this credit is known as the “primary credit rate”, which will be set above
the federal funds rate.
6
The term “depository institution”, which is defined in Section 19(b)(1)(A) of the Federal Reserve Act, is more commonly used
in the United States to refer to a deposit-taking financial institution, or one that accepts deposits.
7
In 1994, Congress passed the Riegle-Neal Interstate Banking and Branching Efficiency Act (Riegle-Neal Act), which
generally permitted nationwide banking through bank holding companies and nationwide branching. As a result of the
Riegle-Neal Act and individual state laws that eased restrictions on interstate bank branching beginning in the 1980s, a
wave of mergers has occurred in the US banking market. The number of commercial banks in the United States declined by
14% from 1980 to 1990 and by more than 30% from 1990 to 2000.
Office of the Comptroller of the Currency of the US Treasury, the Federal Reserve and the Federal
Deposit Insurance Corporation (FDIC). Generally, commercial bank deposits are insured by the Bank
Insurance Fund administered by the FDIC. Banks pay risk-based deposit insurance premiums on
8
uninsured as well as insured deposits. Commercial banks, like other deposit-taking institutions, are
subject to reserve requirements established by the Federal Reserve.
8
If an insured bank is closed, deposits up to and including USD 100,000 per account are generally covered by the FDIC.
Bank card companies license credit and debit card trademarks to financial institutions, authorise
transactions and provide certain clearing and settlement services for transactions between banks. Visa
and MasterCard are the two largest bank card networks operating in the United States, but many
smaller bank card networks are common throughout the United States. Other card-issuing companies
include national “travel and entertainment” card issuers and a number of major retailers that issue
cards to their customers.
The United States Postal Service provides payment services by selling postal money orders, which
can be used to make payments. The United States Postal Service issued 230 million postal money
orders during 2000.
Other entities that play a role in the US payment system include those that provide specialised
payment and settlement services and those that perform standard-setting or rule-writing functions. In
2002, private organisations providing payment and settlement services in the United States included
9
the following: The Clearing House, several large cheque clearing houses, numerous local cheque
10
clearing houses, three national ACH networks, 43 ATM networks and specialised financial
intermediaries such as securities clearing corporations and depositories.
The National Automated Clearing House Association formulates and promulgates rules and standards
for processing ACH transactions throughout the United States. In addition, regional ACH associations
provide educational and promotional services to ACH participants.
The American Bankers Association (ABA) administers the system of routing numbers that are
encoded on cheques and identify the bank responsible for payment of the cheque. These nine-digit
routing numbers are now used for a variety of purposes, including identification of key parties to
electronic payments such as ACH and Fedwire transfers. The Committee on Uniform Securities
Identification Practices (CUSIP) designed a numbering system for securities under the auspices of the
ABA. Standard & Poor’s administers the CUSIP system, under the oversight of the ABA.
2.1 Cash
Cash (currency and coin) is a widely used payment medium for many types of transactions in the
United States, particularly small-value transactions. The most commonly used forms of legal tender in
the United States include coin, which is issued by the US Treasury, and Federal Reserve notes,
issued by the Federal Reserve. Coins are minted in denominations of 1, 5, 10, 25 and 50 cents, and
USD 1; Federal Reserve notes are issued in denominations of USD 1, 2, 5, 10, 20, 50 and 100.
At year-end 2000, the value of currency and coin in circulation was USD 594 billion, of which
USD 564 billion was currency. US currency is also widely used outside the United States for
transactions and as a store of wealth. Estimates indicate that approximately 45% of the value of
US currency in circulation at year-end 2000 was held outside the United States. The total number of
cash transactions per year in the United States cannot be determined with a reasonable degree of
confidence.
9
The Clearing House (formerly known as the New York Clearing House Association) provides a range of large- and
small-value electronic payment services, including the Clearing House Interbank Payments System (CHIPS), the Electronic
Payments Network (EPN) and cheque clearing services.
10
One ACH network discontinued service in April 2002. A second ACH network announced it would be discontinuing
operations in March 2003.
11
Small time deposits are issued in amounts under USD 100,000. Large time deposits, which do not include eurodollar
deposits, are issued in amounts of USD 100,000 or more.
12
See Gerdes and Walton, “The use of checks and other non-cash payment instruments in the United States”, Federal
Reserve Bulletin, August 2002, pp 360-74.
13
bill payments and corporate cash concentration transactions. In addition, businesses and individuals
may use the ACH to make payments to, or receive reimbursement from, the federal government
related to federal tax obligations.
13
Corporate cash concentration transactions are generally those initiated by an organisation to fund, or to consolidate funds
from, its branches, franchises or agents.
Using these mechanisms, banks exchange and settle payments directly with each other, through
private sector clearing houses, through correspondents, or through the Federal Reserve.
14
In 2001 the Federal Reserve announced a single MICR detail transmission standard that conforms to the ANSI ASC X9.37
format. The standard, to be adopted by mid-2005, will allow financial institutions and other processors to move essential
cheque information more efficiently.
variety of ways, and there is little public information available concerning the fees assessed for their
collection services.
Federal Reserve fees for cheque collection are based on the Federal Reserve’s general pricing
principles of cost recovery discussed in Section 1.2.2. Fees for cheque collection services vary based
on the time and location of deposit and the amount of sorting performed by the depositing institution.
15
CHIPS Rules are posted on the CHIPS website at www.chips.org.
16
CHIPCo, using a formula based on the latest transaction history of each participant, establishes the amount of a
participant’s opening position requirement.
17
Once fully funded by opening position requirements, the amount of funds in the CHIPS account on the books of the Federal
Reserve Bank of New York does not increase or decrease until the delivery of final position requirements after 5 pm ET.
4.1 Trading
The major securities markets in the United States are the government securities market, the corporate
equity market and the fixed income market. The commercial paper market is an important short-term
funding market. These instruments are generally traded either through recognised exchanges or
through over-the-counter dealer markets. The mechanisms for clearance and settlement vary by type
of instrument and generally involve specialised financial intermediaries, such as clearing corporations
and depositories. Participants in these markets include securities issuers, intermediaries such as
brokers, dealers, and depository institutions, and investors such as insurance companies, investment
companies, non-financial corporations and individuals.
18
Government-sponsored enterprises (GSEs) are private corporations created by Congress to address public policy concerns
about the ability of members of certain groups to borrow sufficient funds at affordable rates. GSEs do not receive federal
funds and rely primarily on debt financing for their day-to-day operations.
19
Primary dealers are designated trading counterparties for the Federal Reserve Bank of New York in its execution of market
operations to carry out US monetary policy. As of December 2002, there were 22 designated primary dealers. See Federal
Reserve Bank of New York, Administration of relationships with primary dealers, 22 January 1992,
www.ny.frb.org/bankinfo/regrept/primary.html.
20
These firms are registered with the SEC, as required by the Government Securities Act of 1986, which establishes a
comprehensive legal framework regulating all government securities brokers and dealers.
21
Provisions in the Securities Act of 1933 exempt commercial paper with a maturity not greater than 270 days from the
requirement that it be registered with the SEC.
4.2 Clearing
22
A significant portion of mortgage-backed securities have some kind of US government agency backing. MBSCC has
merged with and into GSCC, and GSCC’s name has officially changed to the Fixed Income Clearing Corporation (FICC).
FICC officially began operations in January 2003.
23
For further information about GSCC and MBSCC, see www.gscc.com and www.mbscc.com, respectively.
24
Further information about NSCC’s clearance processes can be found at www.nscc.com.
4.3 Settlement
25
The Federal Reserve also acts as agent and depository for the securities of certain international organisations, such as the
World Bank.
Table of contents
1. SWIFT........................................................................................................................................ 455
1.1 Introduction...................................................................................................................... 455
1.2 Governance..................................................................................................................... 455
1.3 Oversight ......................................................................................................................... 455
1.4 SWIFT messaging........................................................................................................... 456
1.5 Market infrastructures ..................................................................................................... 457
2. Visa International....................................................................................................................... 457
2.1 The organisation.............................................................................................................. 457
2.2 The services .................................................................................................................... 457
2.3 Technical, organisational and clearing aspects .............................................................. 457
2.3.1 Data transmission ................................................................................................. 457
2.3.2 Authorisation ......................................................................................................... 458
2.3.3 Clearing and settlement procedures ..................................................................... 458
2.4 Other developments ........................................................................................................ 458
3. MasterCard International ........................................................................................................... 459
3.1 The organisation.............................................................................................................. 459
3.2 The services .................................................................................................................... 460
3.3 Technical, organisational and clearing aspects .............................................................. 460
3.3.1 Data transmission ................................................................................................. 460
3.3.2 Authorisation ......................................................................................................... 460
3.3.3 Clearing and settlement procedures ..................................................................... 460
3.4 Other developments ........................................................................................................ 460
4. CLS Bank International.............................................................................................................. 462
4.1 Operation of CLS Bank International .............................................................................. 462
4.2 Risk management ........................................................................................................... 462
5. Euroclear ................................................................................................................................... 463
5.1 Institutional and legal aspects ......................................................................................... 463
5.1.1 The Euroclear System .......................................................................................... 463
5.1.2 Oversight and prudential supervision ................................................................... 464
5.1.3 Governance .......................................................................................................... 464
5.1.4 Participants ........................................................................................................... 464
5.1.5 Legal basis ............................................................................................................ 465
5.1.6 Asset protection .................................................................................................... 465
5.1.7 Collateral protection .............................................................................................. 466
5.2 Operational aspects ........................................................................................................ 466
5.2.1 Types of transactions handled .............................................................................. 466
5.2.2 Operating hours .................................................................................................... 466
1. SWIFT
1.1 Introduction
The Society for Worldwide Interbank Financial Telecommunication (SWIFT) is an industry-owned
limited liability cooperative society set up under Belgian law and controlled by its member banks
(including central banks) and other financial institutions. SWIFT’s business is to supply secure
messaging services and interface software, to contribute to greater automation of financial transaction
processes and to provide a forum for financial institutions to address issues of common concern in the
area of financial communication services. Messaging services are provided to banks, broker/dealers
and investment managers, as well as to market infrastructures in payments, treasury, securities and
trade.
SWIFT was founded in 1973 by 239 banks from 15 countries. Since then, there has been a steady
increase in the number of financial institutions and countries connected to SWIFT. By the end of 2002,
more than 7,400 financial institutions from 198 countries were connected. There are three categories
of SWIFT users: members (shareholders), sub-members (ie subsidiaries controlled by members) and
participants. Members can benefit from all the services offered by SWIFT, whereas participants only
have restricted access to a range of services that relates to their business. Types of participants
include securities brokers and dealers, investment management institutions, fund administrators,
money brokers and various other institutions, mainly from within the securities business. By the end of
2002, SWIFT provided services to 2,203 members, 3,079 sub-members and 2,183 participants.
In 2002, SWIFT carried over 1.8 billion messages. Average daily traffic is above 7 million messages.
The average daily value of payment messages on SWIFT is estimated to be above EUR 6 trillion.
1.2 Governance
SWIFT has an Executive Board of up to 25 directors which is responsible for governing the company.
The Board of Directors oversees the Executive, a team of full-time employees headed by a Chief
Executive Officer. The Board of Directors has seven committees with delegated decision powers:
Audit and Finance, Banking and Payments, Compensation, ‘E’, Securities, Standards, Technology and
Production. The Audit and Finance Committee (AFC) has six Board Directors and is a governance and
oversight body for systems security, internal control and financial policy. The AFC meets four to five
times per year with the Executive, the Director of Audit and Risk Assurance and external auditors to
review systems security, accounting policy, reporting, auditing and control matters, as well as the
evolution of the balance sheet, subsidiaries and financial projections. The AFC has powers delegated
from the Board in these matters.
SWIFT has two separate mandates for external audit: a financial audit mandate and a security audit
mandate. The mandates of the external auditors are decided by the AFC.
In addition, SWIFT facilitates or performs an annual audit of its services to some of the market
infrastructures it supplies. Market infrastructures with audit and assurance clauses include CREST,
CLS, ECB/TARGET, EBA/EURO netting, LCN Spain and Bolero.
SWIFT has ongoing dialogues with its users through national member groups, user groups and
dedicated working groups, which can be involved in activities like reviewing standards proposals,
providing industry comments or proposing network implementation time frames and scenarios.
1.3 Oversight
The international dimension of SWIFT’s activities is reflected in the oversight arrangements in place.
The oversight of SWIFT is based on a special arrangement agreed by the central banks of the G10
countries. Under this arrangement, the National Bank of Belgium (NBB), the central bank of the
country in which SWIFT’s headquarters are located, acts as lead overseer of SWIFT, supported by the
G10 central banks. The NBB is responsible for the day-to-day oversight relationship with SWIFT. The
CPSS is briefed on the outcome of the oversight of SWIFT and may provide direction to the overseers
about what to focus on during their oversight activities.
The primary focus of the oversight of SWIFT is on the security and operational reliability of the SWIFT
infrastructure. Concretely, the objective of the oversight of SWIFT is to confirm that SWIFT has put in
place appropriate structures, processes, risk management procedures and controls to effectively
manage the risks it may pose to financial stability and to the soundness of financial infrastructures. In
this context, governance, management and operations of SWIFT are also reviewed.
The NBB organises at least twice a year a high-level meeting between senior representatives from a
selection of G10 central banks and the SWIFT senior management and SWIFT board representatives.
The G10 central banks bring forward issues that may arise from the oversight process and make
recommendations, suggestions and proposals to SWIFT. SWIFT explains any relevant measures it
has taken or plans to take in response to the overseers’ suggestions.
This oversight does not grant SWIFT any certification, approval or authorisation. SWIFT continues to
bear the responsibility for the security and reliability of its systems, products and services.
1
December 2002 YTD figures.
2. Visa International
2.3.2 Authorisation
Before a transaction is finalised, a series of security checks is carried out through VisaNet in order to
ensure that the card is valid; has not been lost, stolen or forged; the cardholder’s spending limit has
not been exceeded; and the cardholder’s personal identification number (PIN), if used, is correct. The
Visa authorisation service operates 24 hours a day, seven days a week.
Latin
Worldwide Asia- European United
Canada CEMEA America
total Pacific Union States
& Caribb
Purchase transactions
Value (USD billions) 1,522,8 220.3 61.9 14.1 446.3 41.5 738.7
Cash transactions
Value (USD billions) 862.6 173.2 7.1 72.1 245.8 132.8 231.8
Total transactions
Number of transactions
(millions) 33,352 3,434 961 1,077 10,833 2,906 14,141
Change vs same period
one year ago (as a %) 14.6 26.3 4.6 38.6 14.2 14.7 11.6
Value of transactions
(USD billions) 2,385.4 393.4 69.0 86.1 692.1 174.2 970.5
Customer base
Number of accounts
(millions) 811.3 157.1 19.2 37.5 180.7 118.6 298.2
Number of cards (millions) 960.2 177.3 26.5 41.6 198.5 131.2 385.0
Note: Includes all card programmes (Classic, Premium, Commercial/Business, Electron, Credit and Debit Programmes).
Excludes Interlink.
Source: Visa International Quarterly Statistical Report.
3. MasterCard International
Member institutions market and issue cards to customers and make their own decisions about pricing
and marketing (issuing activity). They also sign up and provide services to merchants which accept
cards and make their own decisions about the discount rate (acquiring activity).
3.3.2 Authorisation
The method of authorisation of the transaction depends partly on the payment instrument used to
initiate the funds transfer. Processing time for the MasterCard International portion of authorisation is
less than two seconds.
Service, which helps internet merchants reduce fraud risks by identifying potential weaknesses and
fixing problems in merchant internet infrastructure.
South
World- Asia/
Asia/ Latin United
wide Canada Middle Europe
Pacific America States
total East/
Africa
Purchase transactions
1
– value (USD billions) 580.3 89.1 19.2 3.9 130.8 16.1 321.2
– change vs same period 14.4 7.3 19.1 23.1 13.3 16.9 16.6
2
one year ago (as a %)
Cash transactions
3
– value (USD billions) 251.4 76.8 4.2 1.7 41.8 8.4 118.5
– change vs same period 20.3 19.7 23.2 23.2 14.4 49.1 21.0
2
one year ago (as a %)
Total transactions
– number of transactions 9,844.9 1,114.9 355.0 120.6 2,737.7 517.6 4,999.1
(millions)
– change vs same period nav nav nav nav nav nav nav
2
one year ago (as a %)
– value of transactions (USD 831.7 165.9 23.4 5.6 172.6 24.4 439.7
4
billions)
– change vs same period 16.1 12.7 19.8 23.1 13.6 26.3 17.8
2
one year ago (as a %)
Customer base
– number of accounts 482.1 101.2 17.6 6.4 75.4 34.9 246.7
(millions)
– change vs 30 September nav nav nav nav nav nav nav
2
2001 (as a %)
5
– number of cards (millions) 578.8 110.8 23.2 7.3 84.7 43.9 308.9
– change vs 30 September nav nav nav nav nav nav nav
2
2001 (as a %)
1
The aggregate dollar amount of purchases made with MasterCard-branded cards for the relevant period. 2 Period-over-
period rates of change are calculated solely on the basis of local currency information in order to eliminate the impact of
changes in the value of foreign currencies against the US dollar in calculating such rates of change. 3 The aggregate dollar
amount of cash disbursements obtained with MasterCard-branded cards for the relevant period. 4 Represents purchase
volume plus cash volume and includes the impact of balance transfers and convenience cheques. 5 Includes virtual cards
which are MasterCard-branded payment accounts in connection with which functional cards are not generally issued.
Source: MasterCard Incorporated SEC Form 8-K, 13 November 2002.
CLS Bank International, New York, New York (CLS Bank) is an Edge Act corporation organised under
the laws of the United States, and chartered and supervised by the Federal Reserve. CLS Bank is a
wholly owned subsidiary of CLS UK Intermediate Holdings Ltd, a limited company incorporated under
the laws of England and Wales that provides certain corporate services to CLS Bank and its affiliated
companies. CLS Group Holdings AG (CLS Group Holdings) is a company incorporated under the laws
of Switzerland and regulated by the Federal Reserve as a bank holding company in the United States.
CLS Group Holdings is the group holding company of CLS UK Intermediate Holdings Ltd, CLS Bank,
and CLS Services Ltd (CLS Services). CLS Services is a limited company incorporated under the laws
of England and Wales that provides operational and back office support to CLS Bank and its affiliated
companies.
CLS Bank was formed to provide multicurrency payment services that will reduce substantially the risk
to financial institutions of settling foreign exchange contracts. CLS Bank currently provides settlement
for foreign exchange transactions involving the Australian dollar, the pound sterling, the Canadian
dollar, the euro, the Japanese yen, the Swiss franc and the US dollar.
CLS Bank represents an important advance in risk reduction for foreign exchange settlement.
CLS Bank eliminates the principal risk that one leg of a foreign exchange transaction would be settled
and the other would not by providing for the simultaneous settlement on its books of both legs of a
foreign exchange transaction on the basis of payment versus payment. To facilitate its multicurrency
operations, CLS Bank maintains an account at each of the central banks whose currencies it settles.
Schemes of the Central Banks of the Group of Ten Countries. CLS Bank does have certain residual
liquidity, credit and operational risks, which must be viewed in the context of the overall risk reduction
CLS Bank achieves in foreign exchange settlement. These risks are managed by standard risk
management tools, including membership requirements, account position limits, haircuts on positions,
committed backup facilities and loss-sharing arrangements.
CLS Bank does not guarantee that all instructions submitted will be accepted for settlement. As the
CLS system works its way through the queue of payment instructions waiting to be settled, only
instructions that pass all of CLS Bank’s risk controls will be settled through the system. Instructions
remaining in the queue at the end of settlement period are returned to the sender.
CLS Bank imposes aggregate short position limits on account balances that are member specific and
are determined by an assessment of a member’s credit, liquidity and operational capabilities.
CLS Bank also imposes currency-specific short position limits on account balances whose levels are
directly related to CLS Bank’s committed liquidity facilities in that currency. The CLS system design
ensures access to sufficient liquidity from contracted liquidity providers in the event of a failure to pay
required amounts by any single member, even if the member also serves as one of the liquidity
providers. CLS Bank could incur losses in the unlikely event that a member fails to make a required
payment to CLS Bank and exchange rate movements exceed the haircuts CLS Bank has built into the
system to guard against risk from extreme exchange rate movements. In such cases, CLS Bank would
employ its loss-sharing arrangement.
5. Euroclear
EUR 8,000 billion. There are over 208,000 different issues of securities accepted in the Euroclear
System issued by entities from over 110 different countries.
Incorporated in Belgium, Euroclear Bank is subject to the supervision of the Belgian Banking and
Finance Commission (BFC). In accordance with Article 8 of its Organic Law, the National Bank of
Belgium (NBB) is in charge of the oversight of the Euroclear System. Supervisors and overseers work
in close cooperation in the implementation of their respective responsibilities at Euroclear Bank.
Euroclear plc (see below) is also authorised as a service company by the Financial Services Authority
in the United Kingdom.
As a consequence of the ongoing consolidation process, a cooperative oversight framework based on
Memoranda of Understanding (MoU) between interested authorities was created. The international
cooperation, which is based on the lead oversight and lead supervision principle, currently involves
relevant authorities from France, the Netherlands and Ireland. The cooperation agreements aim at
allowing each authority to implement its own competencies, promote the efficiency of the controls
through a homogeneous approach and streamline the requirements to Euroclear avoiding
redundancies.
5.1.3 Governance
Euroclear is market-owned and market-governed. Euroclear Group reshaped its corporate structure in
2000 and 2001, transforming the Belgian company Euroclear Clearance System Société Coopérative
into Euroclear Bank SA/NV, which now operates the Euroclear System and provides the services
previously contracted to Morgan Guaranty Trust Company of New York, Brussels branch. Euroclear
Bank is owned by Euroclear plc, a company organised under the laws of England and Wales (owned
by market participants).
Both Euroclear plc and Euroclear Bank have independent Boards of Directors. Composed of
representatives of Euroclear users (major securities market actors), and of former shareholders of
merged companies (Euroclear France and CRESTCo), the Euroclear plc Board makes the strategic
decisions for the group. It decides in particular on the strategic investments and on joint ventures and
alliances. As shareholders’ voting rights are limited to 5%, widespread user governance of the
Euroclear System will be sustained. The Board is assisted by several committees comprising Non-
Executive Directors.
The Euroclear Bank Board is composed of 18 Directors, 12 of whom are Non-Executive Directors and
are also members of the Euroclear plc Board. The six Executive Directors represent the Bank’s
Management Committee. The Euroclear Bank Board sets the policies and objectives of the Bank,
ensures their implementation by the Management Committee and reviews its performance. These
policies include among others pricing, risk management and membership admission.
5.1.4 Participants
The Euroclear System currently has about 2,000 participants from more than 80 different countries,
the vast majority of which are banks, broker-dealers and other institutions professionally engaged in
managing new issues of securities, market-making, trading or holding the wide variety of securities
accepted by the System. Applicants must meet four criteria to be admitted:
– adequate financial resources;
– technological ability to use the Euroclear System;
– need to use the Euroclear System;
– sound reputation in the market.
In addition, internal anti-money laundering measures of the applicant institution are considered prior to
any admission.
Real-time settlement is possible for internal settlement and most cross-border trades. It allows for,
upon receipt of the instruction from the participant, both the recycling of previously unmatched or
unsettled transactions and the processing of new instructions for same day settlement. All instructions
for real-time settlement which are not settled at the end of the process are automatically recycled for
settlement in the next batch process but not vice versa.
“Bridge” settlements
Participants can receive securities from or deliver them to a Clearstream member over the electronic
Bridge with Clearstream. The linkage with Clearstream allows transfer of international securities
(ie eurobonds) and of domestic securities that are eligible in both systems. Transfers are either against
payment or free of payment. The settlement timing is the same as for internal settlements within the
Euroclear System. In Clearstream as in Euroclear, there are several overnight processings before
each settlement date. After each Euroclear or Clearstream processing, there is an electronic
transmission of files to the other system.
Receipts of securities from Clearstream are processed in the Euroclear overnight processing after
receipt of Clearstream’s proposed deliveries to Euroclear participants. Euroclear is informed of these
proposed deliveries after completion of the Clearstream processing before the relevant Euroclear
processing. After each overnight processing, Euroclear informs Clearstream of the acceptance or
refusal of each proposed delivery. The receipt becomes final and irrevocable when Clearstream
receives the acceptance feedback from Euroclear. If a receipt from Clearstream is accepted, securities
are credited and, if the receipt is against payment, cash is debited as a result of the overnight
processing. If the receipt is refused, eg because the participant has insufficient cash available, the
participant’s instruction to receive is included in the following overnight processings until settled or
cancelled by the participant. After each overnight processing, Euroclear also informs Clearstream of
proposed deliveries to Clearstream members which will be successfully or not included in the following
Clearstream processing; a proposed delivery from Clearstream which fails to settle in the first
Euroclear overnight processing may be proposed again by Clearstream for the second overnight
processing.
government debt, corporate debt, equities and equity-linked (such as warrants). Trades between a
Euroclear participant and a counterparty in a domestic market are settled either directly or indirectly
via an agent with domestic CSDs in more than 30 markets in Europe (eg Belgium, France, Germany,
Italy, the Netherlands, Spain, Sweden), North and South America (eg Argentina, Canada, Mexico, the
United States), Asia-Pacific (eg Australia, Hong Kong, Japan, Singapore) and Africa (Republic of
South Africa).
Costs and risks involved in the settlement between Euroclear participants and local market
participants are heavily influenced by local market practices. Trades settling via domestic market links
settle on a DVP basis only if DVP is provided in the local market. In the same way, settlement in the
Euroclear System becomes final and irrevocable in line with the rules of the domestic market. As a
rule, Euroclear Bank credits securities to participants only if it has actually received the securities for
the account of such participants. Availability of securities is only given after this receipt is final and
therefore any risk of unwind of the receipt has been eliminated.
Euroclear Bank also guarantees income and redemption proceeds and other entitlements on lent
securities. The credit extended in the framework of this facility is fully collateralised.
6. Clearstream
Reports of settled and unsettled trades are available on an hourly basis throughout the day. Full
reporting, including information on cash and securities balances and total holdings, is provided to
customers after both the overnight processing and the daytime continuous settlement processing.
Contrary to initial plans, CBF will continue to operate the Cascade system while Creation will be used
for CBL and the international securities business of CBF.
acceptance for the stage in the processing of a payment at which it has passed Core
settlement all risk management and other tests and can be settled under the Principles
system’s rules and procedures.
acceptor any trading or service establishment that accepts, on its own EM-ECB
behalf or on behalf of its network, the payment of goods or
services via an electronic money instrument.
access the right of or opportunity for an institution to use the services of a Core
particular payment system to settle payments on its own account Principles
or for customers. See also direct participant, direct
participant/member, indirect participant/member, participant/
member.
access payment instruments that allow customers to access their deposit EM-ECB
products accounts and to transfer the deposits therein. Examples include EM-CPSS
electronic funds transfers at the point of sale and home banking
facilities.
accountability record-keeping of electronic money transactions. EM-ECB
ACH see automated clearing house.
acquirer the entity or entities that hold(s) deposit accounts for card EM-ECB
acceptors (merchants) and to which the card acceptor transmits
the data relating to the transaction. The acquirer is responsible for
the collection of transaction information and settlement with the
acceptors.
acquiring the party providing the technical facilities for each acquiring entity EM-ECB
technical to accept the data relating to each transaction.
operator
advisory netting see position netting. Red Book
Blue Book
agency a contractual relationship in which one party, the agent, acts on ETDC
relationship behalf of another party, the principal. The agent may execute
trades for the principal but is not responsible for performance by
the principal.
agent an entity, such as a fund manager or a custodian, that undertakes SLT
a securities loan and negotiates the terms with the borrower on
behalf of a customer-owner.
APS see assured payment system.
arbitrage profiting from a difference in price when the same security, SLT
currency or commodity is traded on two or more markets.
assured an arrangement in an exchange-for-value system under which DVP
payment completion of timely settlement of a payment instruction is Red Book
system supported by an irrevocable and unconditional commitment from a Blue Book
third party (typically a bank, syndicate of banks or clearing house).
See also exchange-for-value settlement system.
asymmetric a set of cryptographic techniques in which two different keys EM-Sec
cryptography (private and public keys) are used for encrypting and decrypting
data. The private key is kept secret by its holder while the public
key is made available to communicating entities. Also called
public key cryptography.
ATM see automated teller machine.
card-based electronic money products which provide the customer with a EM-ECB
products portable, specialised computer device, typically an IC card
containing a microprocessor chip.
case law precedents established in previously decided court cases that Core
may influence future interpretations of law or the disposition of Principles
future court cases.
cash card card for use only in ATMs or cash dispensers (other cards often Red Book
have a cash function that permits the holder to withdraw cash). Blue Book
Retail
cash clearing a method for clearing futures contracts in which positions are ETDC
periodically marked to market and resulting obligations are
satisfied by cash payments, known as variation margin. See also
non-cash clearing and variation margin.
cash banks (or similar institutions) used by the SSS to make or receive SDF
correspondents payments.
cash deposit the credit risk associated with the holding of cash balances with x-border
risk an intermediary for the purpose of settling securities transactions. SLT
cash dispenser electromechanical device that permits consumers, typically using Red Book
machine-readable plastic cards, to withdraw banknotes (currency) Blue Book
and, in some cases, coins. See also automated teller machine. Retail
cash-driven transactions motivated by the wish to borrow/invest a cash SLT
securities amount through a repo (or loan) of securities.
lending
transactions
cashier’s see bank draft. Red Book
cheque Blue Book
cash records kept by the SSS of the funds due to be paid to or received SDF
memorandum by participants in conjunction with their securities settlements; the
accounts records are for information purposes only and do not represent
legal claims or liabilities between the SSS and its participants.
cash settlement the entity whose assets are used to settle the ultimate payment SSS
agent obligations arising from securities transfers within the CSD.
Accounts with the cash settlement agent are held by settlement
banks which act on their own behalf and may also offer payment
services to participants that do not have accounts with the
settlement agent. See also settlement agent.
central bank short-term securities issued by the central bank which could be EM-CPSS
bills marketable or tradable.
central bank a standing credit facility that can be drawn upon by certain Red Book
credit (liquidity) designated account holders (eg banks) at the central bank. In Blue Book
facility some cases, the facility can be used automatically at the initiative DVP
of the account holder, while in other cases the central bank may
retain some degree of discretion. The loans typically take the form
either of advances or overdrafts on an account holder’s current
account which may be secured by a pledge of securities (also
known as lombard loans in some European countries), or of
traditional rediscounting of bills.
central an entity that is the buyer to every seller and seller to every buyer ETDC
counterparty of a specified set of contracts, eg those executed on a particular SSS
exchange or exchanges.
choice of law a contractual provision by which parties choose the law that will SSS
govern their contract or relationship. Choice of law may also refer
to the question of what law should govern in the case of a conflict
of laws. See also conflict of laws.
ciphertext the encrypted form of data. EM-Sec
clearance the term “clearance” has two meanings in the securities markets. SSS
It may mean the process of calculating the mutual obligations of DVP
market participants, usually on a net basis, for the exchange of SLT
securities and money. It may also signify the process of
transferring securities on the settlement date, and in this sense
the term “clearing system” is sometimes used to refer to securities
settlement systems.
clearing and an institution which transmits information and funds through a EM-ECB
settling payment system network. It may operate as an agent or a
institution principal.
clearing/ the process of transmitting, reconciling and, in some cases, Red Book
clearance confirming payment orders or security transfer instructions prior to Blue Book
settlement, possibly including the netting of instructions and the EM-ECB
establishment of final positions for settlement. Sometimes the
term is used (imprecisely) to include settlement.
clearing house a central location or central processing mechanism through which Red Book
financial institutions agree to exchange payment instructions or Blue Book
other financial obligations (eg securities). The institutions settle for EM-CPSS
items exchanged at a designated time based on the rules and
procedures of the clearing house. In some cases, the clearing
house may assume significant counterparty, financial or risk
management responsibilities for the clearing system. See also
clearing/clearance, clearing system.
clearing house term most commonly used in certain US markets to refer to funds Red Book
funds that typically are provisional on the day of receipt and final on the
following day. More specifically, the term is used to refer to
monetary claims with next day finality that are exchanged by
participants in certain clearing house arrangements in settlement
of obligations arising from the clearing process. Such claims are
typically transferred via cheques, drafts or other similar payment.
clearing link an arrangement in which the same contract is traded on ETDC
exchanges affiliated with two clearing houses but all positions are
transferred daily to a single clearing house where they are carried
until expiration or offset. See also mutual offset system.
clearing a member of a clearing house. All trades must be settled through ETDC
member a clearing member. A direct clearing member is able to settle only
its own obligations. A general clearing member is able to settle its
own obligations as well as those of clients. Variations of these two
types of clearing member may also exist.
clearing system a set of procedures whereby financial institutions present and Red Book
exchange data and/or documents relating to funds or securities Blue Book
transfers to other financial institutions at a single location (clearing EM-CPSS
house). The procedures often also include a mechanism for the
calculation of participants’ bilateral and/or multilateral net positions
with a view to facilitating the settlement of their obligations on a
net or net net basis. See also netting.
client a party that is not a member of the clearing house and must settle ETDC
through a clearing member. Also known as customer.
closed network telecommunications network used for a specific purpose, such as Retail
a payment system, and to which access is restricted.
closeout the process of offsetting existing contracts. Closeout may be used ETDC
by the clearing house to prevent further losses from positions
carried by an entity that has defaulted.
closeout netting a special form of netting which occurs following some predefined Blue Book
events such as default. Closeout netting is intended to reduce
exposures on open contracts if one party meets certain conditions
specified by the contract (eg becomes subject to insolvency
procedures) before the settlement date (also referred to as default
netting, open contract netting or replacement contract netting).
closing (or second leg of a pair of transactions in the same securities, ie a SLT
back) leg securities lending transaction - one for a near value date, the
other for a value date further into the future. See also opening (or
front) leg.
collateral an asset that is delivered by the collateral provider to secure an OTC
obligation to the collateral taker. Collateral arrangements may
take different legal forms; collateral may be obtained using the
method of title transfer or pledge.
collateral an asset or third-party commitment that is accepted by the SSS
collateral taker to secure an obligation of the collateral provider
vis-à-vis the collateral taker.
collateral a centralised service that may handle any of a variety of OTC
management collateral-related functions for a client firm, including valuation of
service collateral, confirmation of valuations with counterparties,
optimisation of collateral usage and transfer of collateral.
collateral pool assets owned by members of a payment system that are Core
collectively available to the system as collateral to enable it to Principles
obtain funds in circumstances specified in its rules.
combination of a derivative financial arrangement that has a similar economic SLT
an outright sale effect to a securities lending transaction. In this arrangement, a
with put and dealer simultaneously (1) sells shares outright to a cash investor,
call option receiving market value, (2) purchases OTC at-the-money call
options from the cash investor giving the dealer the right to buy
the shares at a specified date at the original price, and (3) sells to
the cash investor OTC at-the-money put options that give the
cash investor the right to sell the shares at the original price. This
results in the dealer having a synthetic long position of the shares,
retaining any positive or negative return on the shares, while the
cash investor is hedged against a loss on the value of the shares,
but must also pay away any gain to the dealer. The options are
cash-settled at expiration. An option pricing model will produce
premiums for the put and the call which net out to a
predetermined financing cost.
committed facilities (for example, lines of credit or repo facilities) under which Core
facilities the provider is contractually committed to advance funds in Principles
defined circumstances. See also repurchase agreement.
comparison see matching. Red Book
credit transfer a payment order or possibly a sequence of payment orders made Red Book
for the purpose of placing funds at the disposal of the beneficiary. Blue Book
Both the payment instructions and the funds described therein EM-CPSS
move from the bank of the payer/originator to the bank of the EM-ECB
beneficiary, possibly via several other banks as intermediaries Retail
and/or more than one credit transfer system.
credit transfer a funds transfer system through which payment orders move from DVP
system (the bank of) the originator of the transfer message or payer to Red Book
(the bank of) the receiver of the message or beneficiary.
cross-border an arrangement to net positions or obligations between or among Core
netting scheme parties in more than one country or jurisdiction. See also netting. Principles
cross-border a settlement that takes place in a country other than the country in x-border
settlement which one trade counterparty or both are located. SDF
cross-border a trade between counterparties located in different countries. x-border
trade
cross-border a trade that requires cross-border settlement. SSS
trade
cross-currency see principal risk. Red Book
settlement risk
cross- an agreement between central counterparties to consider SSS
margining positions and supporting collateral at their respective
agreement organisations as a portfolio for participants that are members of
both organisations. Positions held in cross-margined accounts are
subject to lower collateral requirements because the positions
held at one central counterparty collateralise part of the exposure
of related positions at the other central counterparty. In the event
of a default by a participant whose account is cross-margined, one
central counterparty can use the positions and collateral in the
cross-margined account at the other central counterparty to cover
losses.
cross-system a settlement of a trade that is effected through a link between two x-border
settlement separate securities transfer systems. SSS
cryptanalysis area of cryptography dedicated to studying and developing EM-Sec
methods by which, without prior knowledge of the cryptographic
key, plaintext may be deduced from ciphertext.
cryptographic a mathematical function used in combination with a key that is EM-Sec
algorithm applied to data to ensure confidentiality, data integrity and/or
authentication. Also called cipher.
cryptography the application of mathematical theory to develop techniques and EM-Sec
algorithms that can be applied to data to ensure goals such as EM-CPSS
confidentiality, data integrity and/or authentication. EM-ECB
CSD see central securities depository.
CSDA see contractual settlement date accounting.
current the loss that would be incurred today on a contract or set of OTC
exposure contracts if a counterparty failed to perform on its obligations. Also
known as replacement cost, current exposure is what it would cost
to replace a given contract if the counterparty defaulted now. See
also potential future exposure.
custodian an entity, often a bank, that safekeeps and administers securities x-border
for its customers and that may provide various other services, SDF
including clearance and settlement, cash management, foreign SLT
exchange and securities lending.
custody the safekeeping and administration of securities and financial DVP
instruments on behalf of others. Red Book
x-border
Blue Book
custody-only a link between two Securities Settlement Systems (SSSs) which SDF
link enables transactions in securities held in SSS1 to be settled using
SSS2 (rather than SSS1) when the buyer and seller are both
participants in SSS2. Custody-only links do not provide for the
transfer of funds between SSS1 and SSS2 and cannot be used to
settle transactions between a participant in SSS1 and a
participant in SSS2.
custody risk the risk of loss of securities held in custody occasioned by the x-border
insolvency, negligence or fraudulent action of the custodian or of a ETDC
subcustodian. OTC
SLT
SSS
customer a buyer, seller or holder of securities and financial instruments DVP
that does not participate directly in a system. A participant’s SDF
holdings in a system often include securities and financial
instruments of which the participant’s customers are the beneficial
owners.
customer-to- see transferability. EM-ECB
customer
transfer
daily complete cycle of processing tasks that need to be completed in a Core
processing typical business day, from start-of-day procedures to end-of-day Principles
procedures including backing-up of data.
daily settlement completion of settlement on the day of value of all payments Core
accepted for settlement. Principles
data encryption a symmetric cryptographic algorithm (ANSI standard) that is EM-Sec
standard widely used, in particular in the financial industry. Triple DES
consists of operating three times on a set of data (encrypting-
decrypting-encrypting) using a double-length DES key.
daylight credit credit extended for a period of less than one business day; in a DVP
credit transfer system with end-of-day final settlement, daylight Red Book
credit is tacitly extended by a receiving institution if it accepts and Blue Book
acts on a payment order even though it will not receive final funds SDF
until the end of the business day. Also called daylight overdraft,
daylight exposure and intraday credit.
day of value day on which a payment is due to be credited to the receiving Core
participant in the payment system. The day of value for the Principles
receiving participant’s customer (that is, the day on which the
receiving participant credits the customer in its books) may or may
not be the same day, depending on specific arrangements or local
practice.
DBV see delivery by value.
dealer a firm that enters into transactions as a counterparty on both sides OTC
of the market in one or more products. OTC derivatives dealers
are primarily large international financial institutions - mostly
commercial banks but also some securities firms and insurance
companies - as well as a few affiliates of what are primarily
non-financial firms. See also end user.
debit balance see net credit (or debit) position. SDF
debit caps see caps. Red Book
Blue Book
debit card card enabling the holder to have his purchases directly charged to Red Book
funds on his account at a deposit-taking institution (may Blue Book
sometimes be combined with another function, eg that of a cash EM-CPSS
card or cheque guarantee card). Retail
debit transfer a funds transfer system in which debit collection orders made or DVP
system authorised by the payer move from (the bank of) the payee to (the Red Book
bank of) the payer and result in a charge (debit) to the account of Blue Book
the payer; for example, cheque-based systems are typical debit SLT
transfer systems. Also called debit collection system.
debt book-entry a computerised system for the issue and registration of debt Blue Book
system securities in book-entry form. See also book-entry system, share
book-entry system.
default failure to complete a funds or securities transfer according to its Red Book
terms for reasons that are not technical or temporary, usually as a Blue Book
result of bankruptcy. Default is usually distinguished from a “failed SDF
transaction”. SLT
defaulter pays a loss-sharing arrangement where each participant is required to Core
collateralise any exposures it creates for other participants. As a Principles
result, losses from a party’s default are borne by the defaulting
party.
deferred net a system that effects the settlement of obligations or transfers ETDC
settlement between or among counterparties on a net basis at some later
system time.
delayed debit card issued by banks indicating that the holder may charge his Red Book
card account up to an authorised limit. It enables him to make Blue Book
purchases but does not offer extended credit, the full amount of
the debt incurred having to be settled at the end of a specified
period. The holder is usually charged an annual fee.
deletion a mechanism whereby some or all transfers to/from a defaulting Red Book
participant are excluded from the settlement process. In a netting Blue Book
scheme, other participants’ bilateral and/or multilateral net
positions are recalculated. See also unwinding.
delivery final transfer of a security or financial instrument. DVP
Red Book
x-border
Blue Book
SDF
direct holding a holding system for securities in which the beneficial owner of SSS
system securities (i) is reflected as the legal owner on the issuer’s official
register(s) (and, if the securities are required to be certificated, the
securities are issued in the name of the owner) or (ii) is in
possession of securities issued to bearer. The issuer, CSD,
participants in the CSD, and third-party claimants are required to
recognise the owner’s rights and interests in the securities based
on the record of the register or the owner’s possession of the
security.
direct market a broker-dealer or member of an exchange that directly executes SSS
participant an order.
direct a participant in an interbank funds transfer system (IFTS) who is Blue Book
participant responsible to the settlement agent (or to all other direct
participants) for the settlement of its own payments, those of its
customers and those of the indirect participants on whose behalf it
is settling.
direct the term generally denotes participants in a funds or securities Red Book
participant/ transfer system that directly exchange transfer orders with other
member participants in the system. In some systems, direct participants
also exchange orders on behalf of indirect participants. Depending
on the system, direct participants may or may not also be settling
participants. In the EC context, this term has a specific meaning: it
refers to participants in a transfer system which are responsible to
the settlement institution (or to all other participants) for the
settlement of their own payments, those of their customers and
those of indirect participants on whose behalf they are settling.
See also indirect participant/member, participant/member, settling
participant/member.
discharge release from a legal obligation imposed by contract or law. DVP
Red Book
Blue Book
disclosure see public disclosure. Core
Principles
distributing an institution which distributes (as an agent) or sells (as the issuer EM-ECB
institution or an underwriter) the electronic money to the customer.
domestic a settlement that takes place in the country in which both x-border
settlement counterparties to the trade are located. SDF
domestic trade a trade between counterparties located in the same country. x-border
SDF
draft a written order from one party (the drawer) to another (the Red Book
drawee) to pay a party identified on the order (payee) or to the Blue Book
bearer a specified sum, either on demand (sight draft) or on a
specified date (time draft). See also bank draft, bill of exchange,
cheque.
DVD see delivery versus delivery.
DVP schemes in model 1, transfer instructions for both securities and funds are Blue Book
as defined by settled on a trade by trade basis, with final transfer of the
the G10 securities from the seller to the buyer (delivery) occurring at the
same time as final transfer of the funds from the buyer to the
seller (payment). In model 2, securities transfer instructions are
settled on a gross basis, with final transfer of securities from the
seller to the buyer (delivery) occurring throughout the processing
cycle, but funds transfer instructions are settled on a net basis,
with final transfer of funds from the buyer to the seller (payment)
occurring at the end of the processing cycle. In model 3, transfer
instructions for both securities and funds are settled on a net
basis, with final transfers of both securities and funds occurring at
the end of the processing cycle.
early a contract provision granting either counterparty the option to OTC
termination terminate a contract before its maturity date, sometimes upon
option payment of a fee.
EDI see electronic data interchange.
EEPROM electronically erasable programmable read-only memory: the area EM-Sec
of an IC chip used to store data. Data in EEPROM can be
electronically erased and rewritten under the control of the
operating system.
EFTPOS see point of sale. Red Book
Blue Book
electronic data the electronic exchange between commercial entities (in some Red Book
interchange cases also public administrations), in a standard format, of data Blue Book
relating to a number of message categories, such as orders, Retail
invoices, customs documents, remittance advices and payments.
EDI messages are sent through public data transmission networks
or banking system channels. Any movement of funds initiated by
EDI is reflected in payment instructions flowing through the
banking system. EDIFACT, a United Nations body, has
established standards for electronic data interchange.
electronic value stored electronically in a device such as a chip card or a Retail
money hard drive in a personal computer.
electronic purse a reloadable multipurpose prepaid card which may be used for Blue Book
small retail or other payments instead of coins. See also EM-CPSS
multipurpose prepaid card. EM-ECB
electronic a computer device used in some electronic money systems which EM-Sec
wallet can contain an IC card or in which IC cards can be inserted and
which may perform more functions than an IC card.
embedding in IC card manufacturing, the process by which the chip module is EM-Sec
mounted on the plastic carrier (card).
encryption the use of cryptographic algorithms to encode clear text data EM-Sec
(plaintext) into ciphertext to prevent unauthorised observation. EM-CPSS
EM-ECB
end-of-day funds transfer systems in which payment orders are received one Blue Book
gross by one by the settlement agent during the business day, but in
settlement which final settlement takes place at the end of the day on a one
systems by one or aggregate gross basis. This definition also applies to
gross settlement systems in which payments are settled in real
time but remain revocable until the end of the day.
finality risk the risk that a provisional transfer of funds or securities will be SDF
rescinded.
final settlement settlement which is irrevocable and unconditional. Red Book
Blue Book
final settlement the discharge of an obligation by a transfer of funds and a transfer SSS
of securities that have become irrevocable and unconditional.
final transfer an irrevocable and unconditional transfer which effects a DVP
discharge of the obligation to make the transfer. The terms Red Book
“delivery” and “payment” are each defined as a final transfer. See Blue Book
also provisional transfer. x-border
SDF
Retail
financial risk term covering a range of risks incurred in financial transactions – Core
both liquidity and credit risks. See also credit risk/exposure, Principles
liquidity risk.
firewall a hardware- and/or software-based system that is used as an EM-Sec
interface between the internet and a computer system to monitor
and filter incoming and outgoing communications.
fleckless from the German “fleckenlos”, which means spotless; a device EM-Sec
(card) or a system is said to be fleckless when it can provide
evidence that it has not been tampered with.
forced securities or funds settlement that is either mandated or enforced SDF
settlement by the actions of a third party.
foreign the risk that one party to a foreign exchange transaction will pay Blue Book
exchange the currency it sold but not receive the currency it bought. This is
settlement risk also called cross-currency settlement risk or principal risk; it is
also referred to as Herstatt risk, although this is an inappropriate
term given the differing circumstances in which this risk has
materialised.
forward a contract that obligates one party to buy, and the other to sell, an ETDC
contract underlying asset at a specific price and date in the future. OTC
forward rate a forward contract on interest rates in which the rate to be paid or OTC
agreement received on a specific obligation for a set period of time, beginning
at some time in the future, is determined at contract initiation.
free-of-payment delivery of securities with no corresponding payment of funds. SLT
delivery
front office a firm’s trading unit and other areas that are responsible for OTC
developing and managing relationships with counterparties. See
back office.
FTS see funds transfer system
funds transfer a formal arrangement, based on private contract or statute law, Blue Book
system with multiple membership, common rules and standardised
arrangements, for the transmission and settlement of money
obligations arising between the members. See also interbank
funds transfer system.
fungibility a concept that characterises the method of holding securities by a Blue Book
CSD or other financial intermediary in which each of a number of
issues of physical or dematerialised securities are held in
separate fungible pools. No owner has the right to any particular
physical or dematerialised security in a particular pool, but has a
right to such an amount of physical or dematerialised securities as
shown in its account with a CSD or other financial intermediary.
futures contract a standardised forward contract traded on an exchange. ETDC
futures-style a method of margining derivatives contracts in which positions are ETDC
margining marked to market and current exposures are extinguished through
cash payments known as variation margin. Both futures and
options contracts can be margined in this manner. When options
contracts are margined using a futures-style system, the option
premium is gradually paid over the life of the option (through the
cumulative variation margin payments) and fully paid once the
option has been exercised. See also options-style margining.
general securities that satisfy the general requirements of a lender of cash SLT
collateral to collateralise its cash lending. General collateral comprises
securities which are not in particular demand in the market;
categories of general collateral are usually defined by market
convention. See also special collateral.
giro system see credit transfer system. Red Book
Blue Book
global a custodian that provides its customers with custody services in x-border
custodian respect of securities traded and settled not only in the country in SDF
which the custodian is located but also in numerous other SSS
countries throughout the world.
gridlock a situation that can arise in a funds or securities transfer system in Red Book
which the failure of some transfer instructions to be executed Blue Book
(because the necessary funds or securities balances are SDF
unavailable) prevents a substantial number of other instructions
from other participants from being executed. See also failed
transaction, queuing, systemic risk.
gross margining system in which the clearing member is required to ETDC
margining deposit with the clearing house sufficient initial margin to cover the
gross positions of its clients. See also net margining.
gross a transfer system in which the settlement of funds or securities x-border
settlement transfer instructions occurs individually (on an instruction by SDF
system instruction basis).
haircut the difference between the market value of a security and its Red Book
collateral value. Haircuts are taken by a lender of funds in order to Blue Book
protect the lender, should the need arise to liquidate the collateral, SDF
from losses owing to declines in the market value of the security.
See also margin.
hedge fund a private investment fund, often leveraged, and often engaging in SLT
active trading strategies (including arbitrage). Hedge funds are
typically subject to limited regulatory oversight.
Herstatt risk see principal risk. Red Book
home banking banking services which a retail customer of a financial institution Red Book
can access using a telephone, television set, terminal or personal Blue Book
computer as a telecommunications link to the institution’s EM-CPSS
computer centre. Retail
hot list in a card-based system, a list - held by the merchant terminal or EM-Sec
other device - of suspicious card numbers or ranges of suspicious
card numbers. The hot list is used to detect and block any
transaction with such cards.
hybrid system a payment system that combines characteristics of RTGS Core
systems and netting systems. Principles
IC card see chip card. Red Book
Blue Book
EM-CPSS
IC (integrated a plastic card in which one or more integrated circuits are EM-Sec
circuit) card embedded. Also called chip card.
ICSD see international central securities depository.
IFTS see interbank funds transfer system.
immobilisation placement of certificated securities and financial instruments in a DVP
central securities depository to facilitate book-entry transfers. Red Book
Blue Book
SDF
immobilisation placement of physical certificates for securities and financial SSS
instruments in a central securities depository so that subsequent
transfers can be made by book entry, that is, by debits from and
credits to holders’ accounts at the depository.
imprinter mechanical device to reproduce the name and account number of Red Book
a cardholder on a paper sales slip. See also imprinter voucher. Blue Book
imprinter in card transactions, a sales slip that is to be signed by the Red Book
voucher customer on which the name and card number of the customer Blue Book
are imprinted. See also imprinter.
indemnification an agreement to compensate for damage or loss. Custodians SLT
sometimes offer it to lending customers in a variety of forms.
indirect holding a holding system for securities in which (i) a nominee is reflected SSS
system as the legal owner of securities on the official register of the issuer
and the beneficial owner (or the intermediary through which the
latter holds the security) is reflected as the owner of the securities
on the books of the nominee or (ii) bearer securities are deposited
with an intermediary and the intermediary maintains an account
reflecting the beneficial owner’s rights and interests in the
security. The beneficial owner’s rights and interests in securities in
an indirect holding system are transferred by accounting entries
on the nominee’s or relevant intermediary’s books.
indirect market a market participant that uses an intermediary for the execution of SSS
participant trades on its behalf. Generally, institutional and cross-border
clients are indirect market participants. See also indirect
participant/member.
indirect refers to a funds or securities transfer system in which there is a Red Book
participant/ tiering arrangement. Indirect participants are distinguished from
member direct participants by their inability to perform some of the system
activities (eg input of transfer orders, settlement) performed by
direct participants. Indirect participants, therefore, require the
services of direct participants to perform those activities on their
behalf. In the EC context, the term refers more specifically to
participants in a transfer system which are responsible only to
their direct participants for settling the payments input to the
system. See also direct participant/member, settling
participant/member, tiering arrangement.
initial margin cash or collateral that is deposited with the clearing house to ETDC
ensure performance on obligations to it (also known as
performance bond and original margin).
inpayment payment instruction, sent together with the bill for the delivery of Retail
goods and/or services, which is prepared by the payee; the payer
can either pay through its designated bank account or by means
of a cash payment at a designated agent (bank or non-bank).
integrity the quality of being protected against accidental or fraudulent EM-Sec
alteration or of indicating whether or not alteration has occurred.
interbank funds a funds transfer system in which most (or all) direct participants Red Book
transfer system are financial institutions, particularly banks and other credit Blue Book
institutions.
interchange fee transaction fee payable in the context of a payment card network
by one participating financial institution to another, for example by
an acquirer to a card issuer in respect of a card payment by the
cardholder to the card acceptor (merchant).
interlinking within the TARGET system, interlinking provides the common Blue Book
procedures and infrastructure which allow payment orders to
move from one domestic RTGS system to another domestic
RTGS system. See also TARGET.
internal a settlement that is effected through transfers of securities and x-border
settlement funds on the books of a single intermediary. An internal settlement SDF
requires both counterparties to maintain their securities and funds
accounts with the same intermediary.
international a central securities depository which clears and settles Blue Book
central international securities or cross-border transactions in domestic
securities securities. At the moment there are two ICSDs located in EU
depository countries, Clearstream and Euroclear.
international a central securities depository that settles trades in international SSS
central securities and in various domestic securities, usually through
securities direct or indirect (through local agents) links to local CSDs.
depository
internet an open worldwide communication infrastructure consisting of EM-Sec
interconnected computer networks and allowing access to remote EM-CPSS
information and the exchange of information between computers. EM-ECB
interoperability a situation in which payment instruments belonging to a given EM-ECB
scheme may be used in other countries and in systems installed
by other schemes. Interoperability requires technical compatibility
between systems, but can only take effect where commercial
agreements have been concluded between the schemes
concerned.
long-form a confirmation that includes key legal provisions from a master OTC
confirmation agreement. When no master agreement has been executed
between the counterparties, use is sometimes made of a long-
form confirmation or of a confirmation that incorporates by
reference the standard terms of a master agreement.
long position a condition in which the buyer or holder of securities owns more SLT
securities than it contracts to deliver. See also short sale.
loss-sharing an agreement among participants in a clearing or settlement SDF
agreement system regarding the allocation of any losses arising from the DVP
default of a participant in the system or of the system itself.
loss-sharing cash, securities or possibly other assets that are provided by the SDF
pools participants in advance and are held by the system to ensure that
commitments arising from loss-sharing agreements can be met.
loss-sharing an agreement between participants in a transfer system or Red Book
rule clearing house arrangement regarding the allocation of any loss Blue Book
arising when one or more participants fail to fulfil their obligation:
the arrangement stipulates how the loss will be shared among the
parties concerned in the event that the agreement is activated.
Also called loss-sharing agreement.
MAC message authentication code: a hash algorithm parameterised EM-Sec
with a key to generate a number which is attached to the message
and is used to authenticate it and to guarantee the integrity of the
data transmitted.
magnetic ink a technique, using special MICR machine-readable characters, by Red Book
character which documents (ie cheques, credit transfers, direct debits) are Blue Book
recognition read by machines for electronic processing. See also optical
character recognition.
manufactured an equivalent payment made by the borrower of securities to the SLT
payment lender in lieu of actual dividends or other income earned on the
securities (net of any applicable taxes), which the lender would
have received if it had not lent the securities.
margin margin has at least two meanings. In the futures/commodity Red Book
markets, margin is a good faith deposit (of money, securities or Blue Book
other financial instruments) required by the futures clearing DVP
system to assure performance. In the equities markets, margin is
a sum of money deposited by a customer when borrowing money
from a broker to purchase shares. The money deposited with the
broker is the difference between the purchase value of the shares
and the collateral value of the shares. See also haircut.
margin generally, the term for collateral used to secure an obligation, SSS
either realised or potential. In securities markets, the collateral
deposited by a customer to secure a loan from a broker to
purchase shares. In organisations with a central counterparty, the
deposit of collateral to guarantee performance on an obligation or
cover potential market movements on unsettled transactions is
sometimes referred to as margin.
margin call a demand for additional funds or collateral, following the marking SLT
to market of a securities lending transaction, if the market value of
underlying collateral falls below a certain level relative to the
loaned asset. Similarly, if the value of the underlying collateral
assets, following their revaluation, were to exceed the agreed
margin, the return of collateral might be required.
market risk the risk of losses in on- and off-balance sheet positions arising ETDC
from movements in market prices.
market value the cost that would be incurred or the gain that would be realised OTC
if an outstanding contract were replaced at current market prices.
Also called replacement value.
marking to the practice of revaluing securities and financial instruments using DVP
market current market prices. In some cases, unsettled contracts to Red Book
purchase or sell securities are marked to market and the Blue Book
counterparty with an as yet unrealised loss on the contract is SLT
required to transfer funds or securities equal to the value of the SDF
loss to the other counterparty.
marking to the revaluation of open positions in financial instruments at current ETDC
market market prices and the calculation of any gains or losses that have OTC
occurred since the last valuation. See also futures-style
margining, options-style margining, variation margin.
mask the hardware specifications that define the physical and functional EM-Sec
properties of the IC chip.
master an agreement that sets forth the standard terms and conditions OTC
agreement applicable to all or a defined subset of transactions that the parties
may enter into from time to time, including the terms and
conditions for closeout netting.
master key a cryptographic key, often used to generate other cryptographic EM-Sec
keys.
master master an umbrella agreement that provides for closeout netting of OTC
agreement transactions governed by different master agreements. For
example, where the parties have used separate master
agreements to cover different types of OTC derivatives
transaction, the parties may enter into a master master agreement
in an effort to achieve a greater reduction of credit risk.
matched book portfolio of assets and portfolio of liabilities having equal SLT
maturities. The term is used most often in reference to money
market instruments and money market liabilities. In reference to
securities lending, this entails borrowing securities and then
relending the same securities for an equivalent period for the
purpose of borrowing and lending money at a locked-in rate. In
contrast, an unmatched book refers to borrowing and lending of
the same securities for different maturities to take a short or long
interest rate position.
matching the process for comparing the trade or settlement details provided SLT
by counterparties to ensure that they agree with respect to the
terms of the transaction. Also called comparison checking.
memory card an IC (integrated circuit) card capable of storing information only. EM-Sec
MICR see magnetic ink character recognition.
minimum the six minimum standards for the design and operation of cross- Blue Book
standards of the border and multicurrency netting schemes or systems. (i) Netting
lamfalussy systems should have a well founded legal basis under all relevant
report jurisdictions. (ii) Netting scheme participants should have a clear
(Lamfalussy understanding of the impact of the particular scheme on each of
standards) the financial risks affected by the netting process. (iii) Multilateral
netting systems should have clearly defined procedures for the
management of credit risks and liquidity risks which specify the
respective responsibilities of the netting provider and the
participants. These procedures should also ensure that all parties
have both the incentives and the capabilities to manage and
contain each of the risks they bear and that limits are placed on
the maximum level of credit exposure that can be produced by
each participant. (iv) Multilateral netting systems should, at a
minimum, be capable of ensuring the timely completion of daily
settlements in the event of an inability to settle by the participant
with the largest single net debit position. (v) Multilateral netting
systems should have objective and publicly disclosed criteria for
admission which permit fair and open access. (vi) All netting
schemes should ensure the operational reliability of technical
systems and the availability of backup facilities capable of
completing daily processing requirements.
monetary a composite monetary variable used as a measure of the money EM-CPSS
aggregate supply (and as such sometimes adopted as an intermediate
monetary policy objective or as an indicator of monetary
conditions) comprising a varying range of liquid assets depending
on its definition. Monetary aggregates range from narrow to broad.
The narrowly defined aggregate M1 typically includes currency
and demand deposits.
money the attempt to conceal or disguise the ownership or source of the EM-CPSS
laundering proceeds of criminal activity and to integrate them into the EM-ECB
legitimate financial systems in such a way that they cannot be
distinguished from assets acquired by legitimate means. Typically
this involves the conversion of cash-based proceeds into account-
based forms of money.
money order an instrument used to remit money to the named payee, often Red Book
used by persons who do not have a chequing account relationship Blue Book
with a financial institution, to pay bills or to transfer money to Retail
another person or to a company. There are three parties to a
money order: the remitter (payer), the payee and the drawee.
Drawees are usually financial institutions or post offices. Payees
can either cash their money orders or present them to their bank
for collection.
multifunctional a card which, in addition to a stored value card function, may EM-ECB
cards include other payment facilities such as a debit or credit card
function and/or non-payment facilities.
multilateral see credit limit. Core
credit limit Principles
multilateral net the sum of the value of all the transfers a participant in a net Red Book
settlement settlement system has received during a certain period of time Blue Book
position less the value of the transfers made by the participant to all other
participants. If the sum is positive, the participant is in a
multilateral net credit position; if the sum is negative, the
participant is in a multilateral net debit position.
multilateral net a settlement system in which each settling participant settles Red Book
settlement (typically by means of a single payment or receipt) the multilateral Blue Book
system net settlement position which results from the transfers made and
received by it, for its own account and on behalf of its customers
or non-settling participants for which it is acting. See also direct
participant, multilateral net settlement position, multilateral netting,
settling participant/member.
multilateral an arrangement among three or more parties to net their Red Book
netting obligations. The obligations covered by the arrangement may Blue Book
arise from financial contracts, transfers or both. The multilateral
netting of payment obligations normally takes place in the context
of a multilateral net settlement system. See also bilateral netting,
multilateral net settlement position, multilateral net settlement
system.
multilateral netting on a multilateral basis is arithmetically achieved by OTC
netting summing each participant’s bilateral net positions with the other
participants to arrive at a multilateral net position. Such netting is
conducted through a central counterparty (such as a clearing
house) that is legally substituted as the buyer to every seller and
the seller to every buyer. The multilateral net position represents
the bilateral net position between each participant and the central
counterparty. See also netting.
multiple issuer a scheme in which more than one institution acts as issuer. EM-ECB
scheme
multipurpose a prepaid card which can be used at the outlets of several service Blue Book
prepaid card providers for a wide range of purposes, and which has the EM-ECB
potential to be used on a national or international scale but may
sometimes be restricted to a certain area. See also electronic
purse, prepaid card.
multipurpose a scheme in which at least three parties are involved: the issuer, EM-ECB
prepaid card the cardholder and the acceptor of the card. (Where one acceptor
scheme currently exists, it must be possible for other legally distinct
acceptors to join the scheme.)
mutual offset a link between clearing houses in which positions entered into on ETDC
system one exchange can be transferred to the clearing house of another
exchange and vice versa. Also, positions need not be transferred.
net credit (or a participant’s net credit or net debit position in a netting system is DVP
debit) position the sum of the value of all the transfers it has received up to a Red Book
particular point in time less the value of all transfers it has sent. If Blue Book
the difference is positive, the participant is in a net credit position; SDF
if the difference is negative, the participant is in a net debit
position. The net credit or net debit position at settlement time is
called the net settlement position. These net positions may be
calculated on a bilateral or multilateral basis.
net debit cap see caps, net credit (or debit) position. Red Book
Blue Book
net margining margining system in which the clearing member is required to ETDC
deposit with the clearing house sufficient initial margin to cover the
net positions of its clients. Clients, however, are typically still
obligated to deposit with the clearing member initial margin to
cover their own positions. See also gross margining.
opening (or first leg of a pair of transactions in the same securities, ie a SLT
front) leg securities lending transaction - one for a near value date, the
other for a value date further into the future. See also closing (or
back) leg.
open market sales of marketable securities conducted in secondary financial EM-CPSS
sales markets by central banks in order to reduce the amount of bank
reserves (liquidity) held by banks.
open network telecommunications network to which access is not restricted. EM-Sec
EM-ECB
Retail
open offer describes a contractual means by which a third party, such as a x-border
netting clearing house, becomes party to a transaction agreed by two Blue Book
separate entities. The third party extends an “open offer” to those
entities, with the effect that if they agree the terms of a transaction
which satisfies certain pre-agreed conditions, the third party
automatically and immediately becomes interposed in that
transaction. Two separate, equal and opposite contractual
obligations are created, between the clearing house and one
party, and between the clearing house and the other entity. If all
pre-agreed conditions are met, at no stage does a direct
contractual obligation exist between the two entities.
open outcry trading that is conducted on the floor of an exchange without any ETDC
trading electronic intermediation. See also screen-based trading.
open transactions with no fixed maturity date, with the possibility of SLT
transactions terminating the transaction or refixing its terms or substituting
collateral daily.
operating that part of the software of a computer system (including chips) EM-Sec
system that is closely tied to the hardware on which it runs and that
performs basic input/output operations, computations, memory
management, etc.
operational risk the risk that deficiencies in information systems or internal Red Book
controls could result in unexpected losses.
operational risk the risk of human error or a breakdown of some component of the ETDC
hardware, software or communications systems that are crucial to SLT
settlement.
operational safe securities accounts run by the central bank in which credit x-border
custody institutions can place securities deemed suitable for the backing of Blue Book
accounts central bank operations. The securities held on these accounts
are finally deposited with the CSD under the name of the national
central bank (NCB), so that the transfer into a safe custody
account results in a transfer between the bank’s and the NCB’s
account with the CSD. The securities deposited with the NCB are
generally pledged to the NCB as collateral for (interest bearing)
overnight and (interest free) intraday lombard loans. They can
also be used for open market transactions (repos) based on a
general authorisation given to the NCB to acquire securities.
optical a technique, using special OCR machine-readable characters, by Red Book
character which documents (eg cheques, credit transfers, direct debits) are x-border
recognition read by machines for electronic processing. See also magnetic ink Blue Book
character recognition.
payment lag the time lag between the initiation of the payment order and its Red Book
final settlement. x-border
Blue Book
payment an order or message to transfer funds (in the form of a monetary Core
message/ claim on a party) to the order of the beneficiary. The order may Principles
instruction relate either to a credit transfer or to a debit transfer. See also
credit transfer, debit transfer system, payment.
payment netting settling payments due on the same date and in the same currency OTC
on a net basis.
payment order an order or message requesting the transfer of funds (in the form Red Book
of a monetary claim on a party) to the order of the payee. The Blue Book
order may relate either to a credit transfer or to a debit transfer. Retail
Also called payment instruction.
payment a payment system consists of a set of instruments, banking Red Book
system procedures and, typically, interbank funds transfer systems that Blue Book
ensure the circulation of money. EM-CPSS
EM-ECB
Retail
payment versus a mechanism in a foreign exchange settlement system which Blue Book
payment ensures that a final transfer of one currency occurs if and only if a
final transfer of the other currency or currencies takes place.
PCMCIA card personal computer media control interface adapter: a device that EM-Sec
is attached externally to a PC and can perform various functions
such as memory storage and modem communications. PCMCIA
cards can be designed in such a way as to provide a certain level
of tamper-resistance.
personal a numeric code which the cardholder may need to quote for Red Book
identification verification of identity. In electronic transactions, it is seen as the Blue Book
number equivalent of a signature. Retail
personalisation the phase of the IC card manufacturing process during which EM-Sec
customer information is loaded into the card.
PIN see personal identification number
plaintext data which are not encrypted and are therefore in a readable EM-Sec
form.
plain vanilla the most common and generally the simplest types of derivatives OTC
transactions transaction. Plain vanilla is a relative concept, and no precise list
of plain vanilla transactions exists. Transactions that have unusual
or less common features are often called exotic or structured.
pledge a delivery of property to secure the performance of an obligation OTC
owed by one party (debtor/pledgor) to another (secured party). A SLT
pledge creates a security interest (lien) in the property so
delivered. See also security interest.
point of sale this term refers to the use of payment cards at a retail location Red Book
(point of sale). The payment information is captured either by Blue Book
paper vouchers or by electronic terminals, which in some cases Retail
are designed also to transmit the information. Where this is so, the
arrangement may be referred to as “electronic funds transfer at
the point of sale” (EFTPOS).
POS see point of sale.
principal risk the credit risk that a party will lose the full value involved in a Red Book
transaction. In the settlement process, this term is typically Blue Book
associated with exchange-for-value transactions when there is a
lag between the final settlement of the various legs of a
transaction (ie the absence of delivery versus payment). Principal
risk that arises from the settlement of foreign exchange
transactions is sometimes called cross-currency settlement risk or
Herstatt risk. See also credit risk/exposure.
principal-to- a contractual relationship in which both parties are acting on their ETDC
principal own behalf and are responsible for performance of any
relationship contractual obligations.
privacy in the context of a payment system, the fact that no information EM-Sec
which might permit determination of behaviour may be collected EM-ECB
without the consent of the individual to whom it relates.
property a generic term that refers to the exclusive right or interest of SLT
interest possessing, enjoying and disposing of a specific property.
proprietary an account in which a participant holds only those securities it is SDF
account holding on its own behalf (as opposed to those securities it is
holding on behalf of its customers). See also omnibus customer
account, segregation.
proprietary positions held by a participant on its own behalf (as opposed to ETDC
positions positions held for clients).
proprietary trading in securities or derivatives for the account of a firm itself,
(trading) rather than on behalf of clients.
protocol procedures for the interchange of electronic messages between EM-Sec
communicating devices.
provider operator who establishes the hardware and software conditions EM-ECB
for the conduct of transactions with electronic money, without
necessarily being the issuer of the electronic money units.
provisional a conditional transfer in which one or more parties retain the right DVP
transfer by law or agreement to rescind the transfer. Red Book
x-border
Blue Book
SDF
public making information publicly accessible, for example by posting on Core
disclosure an internet website or by making copies publicly available. Principles
public key see asymmetric cryptography. EM-Sec
cryptography
PVP see payment versus payment.
queuing a risk management arrangement whereby transfer orders are held Red Book
pending by the originator/deliverer or by the system until sufficient Blue Book
cover is available in the originator’s/deliverer’s clearing account or
under the limits set against the payer; in some cases, cover may
include unused credit lines or available collateral. See also caps.
RAM random-access memory: the volatile memory area of a chip that is EM-Sec
used for calculations and can only store data when electrical
current is being supplied.
real time the processing of instructions on an individual basis at the time DVP
they are received rather than at some later time. SDF
securities a system which permits the transfer of securities: either free of Blue Book
settlement payment (free delivery), for example in the case of pledge; or
system against payment. Settlement of securities occurs on securities
deposit accounts held with the CSD (both private CSDs or a
national central bank acting as a CSD) or with the central bank
(safe custody operational accounts). In the latter case, the central
bank acts as the intermediate custodian of the securities. The final
custodian is normally a CSD. Settlement of cash occurs in an
interbank funds transfer system (IFTS), through a settlement
agent.
securities the full set of institutional arrangements for confirmation, SSS
settlement clearance and settlement of securities trades and safekeeping of
system securities.
security interest a form of interest in property which provides that the property may OTC
be sold on default in order to satisfy the obligation covered by the SLT
security interest.
segregation a method of protecting client assets and positions by holding or ETDC
accounting for them separately from those of the carrying firm or
broker.
seigniorage in a historical context, the term seigniorage was used to refer to EM-CPSS
the share, fee or tax which the seignior, or sovereign, took to EM-ECB
cover the expenses of coinage and for profit. With the introduction
of paper money, larger profits could be made because banknotes
cost much less to produce than their face value. When central
banks came to be monopoly suppliers of banknotes, seigniorage
came to be reflected in the profits made by them and ultimately
their major or only shareholder, the government. Seigniorage can
be estimated by multiplying notes and coin outstanding
(non-interest bearing central bank liabilities) by the long-term rate
of interest on government securities (a proxy for the return on
central bank assets).
self- an arrangement whereby securities being transferred can be used SDF
collateralising as collateral to secure risks involved in the transfer process.
sell-buybacks transactions that have the same economic effect and intent as a SLT
(or buy- repurchase agreement and which consist of two distinct
sellbacks) simultaneous purchase and sale transactions for different value
dates - one for immediate settlement and the other for forward
settlement. Typically, sell-buybacks do not allow for marking to
market and margin calls.
sender finality analytical rather than operational or legal term used to describe Red Book
the point at which an unconditional obligation arises on the part of Blue Book
the initiating participant in a funds transfer system to make final
payment to the receiving participant on the value date. See also
final settlement.
sequence a number attributed sequentially to a message and attached to it EM-Sec
number to prevent the duplication or loss of messages.
server a computer that provides services through a network to other EM-Sec
computers.
session key a cryptographic key which is used for a limited time, such as a EM-Sec
single communication session or transaction, then discarded.
settlement risk the risk that a party will default on one or more settlement DVP
obligations to its counterparties or to a settlement agent.
settlement a system used to facilitate the settlement of transfers of funds or Blue Book
system financial instruments. EM-CPSS
EM-ECB
settling in some countries, a settling participant in a funds or securities Red Book
participant/ transfer system delivers and receives funds or securities to/from
member other settling participants through one or more accounts at the
settlement institution for the purpose of settling funds or securities
transfers for the system. Other participants require the services of
a settling participant in order to settle their positions. Currently, in
the EC direct participants are by definition also settling
participants. See also direct participant/member, tiering
arrangement.
share book- a computerised system for the issue and registration of equity Blue Book
entry system securities in book-entry form. See also book-entry system, debt
book-entry system.
short sale a sale of securities which the seller does not own and thus must SLT
be covered by the time of delivery; a technique used (1) to take
advantage of an anticipated decline in the price or (2) to protect a
profit in a long position. Also called short position.
single-purpose a stored value card for which the card issuer and merchant (card EM-ECB
prepaid card acceptor) are identical, thus representing a prepayment for
specific goods and services delivered by the issuer. See also
prepaid card.
smartcard an integrated circuit card with a microprocessor, capable of EM-Sec
performing calculations. EM-CPSS
EM-ECB
software-based electronic money products which employ specialised software on EM-ECB
products a personal computer and which can typically be used to transfer
electronic value via telecommunications networks such as the
internet.
special securities that, for any reason, are highly sought after in the SLT
collateral market by borrowers. Repo rates for these specific securities tend
to be higher than the prevailing repo rate for general collateral.
Also known as “special”. See also general collateral.
SSS see securities settlement system.
stakeholder in a payment system, stakeholders are those parties whose Core
interests are affected by the operation of the system. Principles
stamp duty a tax in the form of the cost of stamps which are required to be SLT
affixed to legal documents such as certificates, receipts and the
like.
standing order an instruction from a customer to his bank to make a regular Red Book
payment of a fixed amount to a named creditor. Blue Book
Retail
sterilisation the use by a central bank of operations (such as open market EM-CPSS
sales) to reduce bank reserves (liquidity) which it has created
through some other financial transactions such as the purchase of
foreign currency.
stored value a prepaid card in which the record of funds can be increased as EM-Sec
card well as decreased. Also called an electronic purse. EM-CPSS
straight through the capture of trade details directly from front-end trading systems OTC
processing and complete automated processing of confirmations and
settlement instructions without the need for rekeying or
reformatting data.
straight through the completion of pre-settlement and settlement processes based SSS
processing on trade data that is manually entered only once into an
automated system.
stress testing the estimation of credit and liquidity exposures that would result ETDC
from the realisation of extreme price and implied volatility
scenarios.
subcustodian where one custodian (eg a global custodian) holds its securities SDF
through another custodian (eg a local custodian), the latter is
known as a subcustodian.
substitution the substitution of one party for another in respect of an obligation. Red Book
In a netting and settlement context, the term typically refers to the Blue Book
process of amending a contract between two parties so that a
third party is interposed as counterparty to each of the two parties
and the original contract between the two parties is satisfied and
discharged. See also novation.
substitution the substitution of one party for another in respect of an obligation. ETDC
In the context of a futures or options clearing house, the term
usually refers to the interposition of the clearing house as buyer to
the seller of a contract and seller to a buyer.
substitution recalling the securities lent from a borrower and replacing them SLT
with other securities of equivalent market value during the life of
the lending.
supervision of the assessment and enforcement of compliance by financial Core
financial institutions with laws, regulations or other rules intended to ensure Principles
institutions that they operate in a safe and sound manner and that they hold
capital and reserves sufficient to support the risks that arise in
their business.
surcharge fee transaction fee set by an ATM owner and paid directly by the Retail
cardholder to the ATM owner for the cost of deploying and
maintaining the ATM.
survivors pay loss-sharing arrangements which, in the event of a participant’s Core
inability to settle, require losses to be borne by the surviving Principles
participants according to some predetermined formula.
swap an agreement for an exchange of payments between two OTC
counterparties at some point(s) in the future and according to a
specified formula.
SWIFT Society for Worldwide Interbank Financial Telecommunication: a Red Book
cooperative organisation created and owned by banks that Blue Book
operates a network which facilitates the exchange of payment and
other financial messages between financial institutions (including
broker-dealers and securities companies) throughout the world. A
SWIFT payment message is an instruction to transfer funds; the
exchange of funds (settlement) subsequently takes place over a
payment system or through correspondent banking relationships.
switch fee transaction fee set by the network organisation and paid by the Retail
card issuing institution to the organisation for the cost of routing
transaction information.
symmetric a set of cryptographic techniques in which devices share the EM-Sec
cryptography same secret key in combination with algorithms. For encryption,
the same key is used for encrypting and decrypting, and the
decrypting algorithm is the reverse function of the encrypting
algorithm.
systemically a payment system is systemically important where, if the system Core
important were insufficiently protected against risk, disruption within it could Principles
payment trigger or transmit further disruptions amongst participants or
system systemic disruptions in the financial area more widely.
systemic events whose impact has the potential to threaten the stability of Core
disruption the financial system, by transmission from one financial institution Principles
to another, including through the payment system. See also
systemic risk.
systemic risk the risk that the failure of one participant in a transfer system, or in Red Book
financial markets generally, to meet its required obligations will Blue Book
cause other participants or financial institutions to be unable to EM-CPSS
meet their obligations (including settlement obligations in a ETDC
transfer system) when due. Such a failure may cause significant OTC
liquidity or credit problems and, as a result, might threaten the
stability of financial markets.
tamper-evident the capacity of devices to show evidence of physical attack. EM-Sec
tamper-proof the proven capacity of devices to resist all attacks. EM-Sec
tamper- the capacity of devices to resist physical attack up to a certain EM-Sec
resistant point. EM-CPSS
EM-ECB
TARGET Trans-European Automated Real-time Gross settlement Express Blue Book
Transfer: the TARGET system is defined as a payment system
composed of one RTGS system in each of the countries which
participate in stage three of EMU and the European Central Bank
(ECB) payment mechanism. RTGS systems of non-participating
countries may also be connected, provided that they are able to
process the euro alongside their national currency. The domestic
RTGS systems and the ECB payment mechanism are
interconnected according to common procedures (“interlinking”) to
allow cross-border transfers throughout the European Union to
move from one system to another system. See also interlinking.
TCP/IP transmission control protocol/internet protocol: a set of commonly EM-Sec
used communications and addressing protocols; TCP/IP is the de
facto set of communications standards of the internet.
telematics the combined use of data processing and data transmission Red Book
techniques. Blue Book
teller’s cheque see bank draft. Red Book
Blue Book
term transactions with a fixed end or maturity date. SLT
transactions
tiering an arrangement which may exist in a funds or securities transfer Red Book
arrangement system whereby participants in one category require the services Blue Book
of participants in another category to exchange and/or settle their
transactions. See also direct participant/member, indirect
participant/member, settling participant/member.
time stamp a value inserted in a message to indicate the time at which the EM-Sec
message was created.
title transfer conveyance of the ownership interest in property from one OTC
counterparty to another. Title transfer is used as one of the SLT
methods for collateralisation. The title transfer method employs an
outright transfer of the ownership interest in property serving as
collateral, ie the collateral provider transfers title to or ownership
interest in the assets given as collateral against an agreement that
the collateral taker will return the equivalent assets in accordance
with the terms of their agreement.
total return an OTC swap with a fixed maturity, in which a dealer agrees to SLT
swap receive the total return on the shares of stock sold to the cash
investor, counterparty of the swap, and in exchange to pay a
floating rate of interest for the maturity to the counterparty.
Payment to the cash investor at the termination of the swap is
therefore the floating rate of interest plus any fall in the share price
or minus any rise in the share price; on the other hand, the cash
investor sells the shares to get back his investment in the market.
The end result of this arrangement is that the dealer borrowed
cash at the floating rate for a set period of time, using his equity
position as collateral. The total return swap is combined with an
outright sale of stock in this way where the dealer is looking to
finance an equity position, and functions economically similarly to
securities lending.
traceability in electronic money systems, the degree to which value transfer EM-Sec
transactions can be traced to the originator(s) or the recipient(s) of EM-ECB
the transfer.
trade date the date on which a trade/bargain is executed. DVP
x-border
SDF
trade-for-trade the settlement of individual transactions between counterparties. DVP
settlement See also gross settlement system. Red Book
Blue Book
SDF
trade-for-trade a system in which each individual transfer order is settled DVP
settlement separately.
system
trade matching the process of matching trade details (such as number of ETDC
contracts, contract month and price) submitted by the trade
counterparties. The clearing house often guarantees a trade at the
time it is successfully matched.
trade netting a legally enforceable consolidation and offsetting of individual DVP
trades into net amounts of securities and money due between SDF
trading partners or among members of a clearing system. A Red Book
netting of trades which is not legally enforceable is a position Blue Book
netting.
trade the process by which matched trades are formally recorded on the ETDC
registration books of the clearing house. For clearing houses that act as
central counterparties, registration may also be the time at which
the clearing house substitutes itself as counterparty to the clearing
members.
transaction log a sequential record of transactions that is stored on a device. EM-Sec
transfer operationally, the sending (or movement) of funds or securities or Red Book
of a right relating to funds or securities from one party to another Retail
party by (i) conveyance of physical instruments/money;
(ii) accounting entries on the books of a financial intermediary; or
(iii) accounting entries processed through a funds and/or
securities transfer system. The act of transfer affects the legal
rights of the transferor, transferee and possibly third parties in
relation to the money balance, security or other financial
instrument being transferred.
transferability in electronic money systems, the degree to which an electronic EM-ECB
balance can be transferred between devices without interaction EM-Sec
with a central entity.
transfer system a generic term covering interbank funds transfer systems and Red Book
exchange-for-value systems. Blue Book
travel and card issued by non-banks indicating that the holder has been Red Book
entertainment granted a line of credit. It enables him to make purchases but Blue Book
card does not offer extended credit, the full amount of the debt incurred Retail
having to be settled at the end of a specified period. The holder is
usually charged an annual fee. Also called charge card.
tri-party repo repo in which bonds and cash are delivered by the trading SLT
counterparty to an independent custodian bank, clearing house or
securities depository that is responsible for ensuring the
maintenance of adequate collateral value during the life of the
transaction.
truncation a procedure in which the physical movement of paper payment Red Book
instruments (eg paid cheques or credit transfers) within a bank, Blue Book
between banks or between a bank and its customer is curtailed or
eliminated, being replaced, in whole or in part, by electronic
records of their content for further processing and transmission.
ultimate sometimes used to denote final settlement in central bank money. Red Book
settlement Blue Book
unwind a procedure followed in certain clearing and settlement systems in SDF
which transfers of securities and funds are settled on a net basis, DVP
at the end of the processing cycle, with all transfers provisional Red Book
until all participants have discharged their settlement obligations.
If a participant fails to settle, some or all of the provisional
transfers involving that participant are deleted from the system
and the settlement obligations from the remaining transfers are
then recalculated. Such a procedure has the effect of allocating
liquidity pressures and losses from the failure to settle to the
counterparties of the participant that fails to settle. Unwinds can
be distinguished from debits to securities accounts that do not
imply the original transfer is rescinded (eg in cases where
securities are discovered to be forged or stolen).
unwinding a procedure followed in certain clearing and settlement systems in Blue Book
which transfers of securities or funds are settled on a net basis, at ETDC
the end of the processing cycle, with all transfers provisional until
all participants have discharged their settlement obligations. If a
participant fails to settle, some or all of the provisional transfers
involving that participant are deleted from the system and the
settlement obligations from the remaining transfers are then
recalculated. Such a procedure has the effect of transferring
liquidity pressures and possibly losses from the failure to settle to
other participants, and may, in an extreme case, result in
significant and unpredictable systemic risks. Also called
settlement unwind.
user payment system users comprise both participants and their Core
customers for payment services. See also customer, direct Principles
participant, direct participant/member, indirect participant/member,
participant/member.
user fee transaction fee set by the card issuer and paid by the cardholder Retail
to the issuing institution for card payments or ATM cash
withdrawals; other user fees, sometimes called foreign fees, are
paid by the cardholder to the issuing institution for the use of
ATMs not owned by the issuing institution.
value-at-risk an estimate of the upper bound on losses an institution would ETDC
expect to incur during a given period (eg one day) for a given
confidence level (eg 95%).
variation margin funds that are paid to (or received from) a counterparty (clearing ETDC
house or clearing member) to settle any losses (gains) that are
implied by marking open positions to market.
velocity the average number of times a measure of money (as captured, EM-CPSS
for instance, by a monetary aggregate) turns over within a
specified period of time. The income velocity of circulation is
typically calculated as the ratio of a monetary aggregate to
nominal GDP.
white list in a card-based system, a database containing the list of all EM-Sec
authorised card numbers.
wholesale funds see large-value funds transfer system. Red Book
transfer system Blue Book
withholding tax a tax on income deducted at source, which a paying agent is SLT
legally obliged to deduct from its payments of interest on deposits,
securities or similar financial instruments.
zero hour rule a provision in the insolvency law of some countries whereby the ETDC
transactions of a closed institution that have taken place after
midnight on the date the institution is ordered closed may be
retroactively rendered ineffective.