NCCL issued a circular regarding Pre- Conditions for porting of positions and collaterals of a non-defaulting client/CP/TM in case of a default by a clearing member

Oct 15, 2024 | by TeamLease RegTech Legal Research Team

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Secretarial ComplianceThe National Commodity Clearing Limited (NCCL) on October 14, 2024, issued a circular regarding Pre- Conditions for porting positions and collaterals of a non-defaulting client/CP/TM in case of a default by a clearing member.

The following has been stated: -

•The SEBI circular dated July 20, 2021, outlines the default management process for porting positions and collateral of non-defaulting trading members/clients/custodial participants in case of a clearing member default.

Key Pre-Conditions for Porting:

•Non-defaulting parties must have alternative trading/clearing arrangements with other registered members.

•Defaulting CM must provide a prescribed declaration to NCCL within specified timelines.

•Confirming CM/TM must accept proposed positions and collateral.

•NCCL invokes collateral given by defaulting CM.

•Client-specific collateral cannot be ported and must be re-pledged.

•Confirming CM/TM ensures sufficient collateral availability.

•Failure to meet these conditions may result in closing non-defaulting parties' positions, with losses adjusted from their collaterals

[Circular No. NCCL/RISK-057/2024]


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