Settlement Procedure
CSD-2.2.5
The licensed exchange or
clearing house shall prescribe the procedure, schedule, manner and mode to be followed in respect ofsettlement of all transactions contracts entered into or to be entered into in anysecurity orsecurities by theclearing members through thelicensed clearing house .Amended: April 2016CSD-2.2.6
All the
clearing members , custodians, clearing banks,central depositories ,depository participants and otherpersons having beneficial interest insettlement shall comply with the provisions contained in the rules and regulations of thelicensed exchange and the rules of thelicensed clearing house from time-to-time.Amended: April 2016CSD-2.2.7
Key aspects of the
settlement process that the legal framework should support include the following:(a) Enforceability of transactions;(b) Protection of customer assets, particularly against loss upon the insolvency of a custodian;(c) Dematerialisation ofsecurities and the transfer ofsecurities by book entry;(d) Netting arrangements;(e)Securities lending, including repurchase agreements and other economically equivalent transactions;(f) Finality ofsettlement ;(g) Margin trading and securities lending and borrowing;(h) Arrangements for achievingdelivery versuspayment ;(i)Default rules addressing the consequences of a member's default;(j) Arrangement for registration of pledges and liens; and(k) Liquidation of assets pledged or transferred as collateral to support members' obligations.Amended: April 2016CSD-2.2.8
The
licensed clearing house shall maintain asettlement guarantee fund to guaranteesettlement obligations ofclearing members .Amended: April 2016CSD-2.2.9
The
licensed clearing house shall deliver, at its discretion,securities which it has received from aclearing member to any otherclearing member who is entitled to the same.Amended: April 2016CSD-2.2.10
The
licensed clearing house shall determine thesettlement obligations relating todelivery and receipt ofsecurities by and betweenclearing members to be exchanged electronically through the clearing andsettlement system of thelicensed clearing house .Amended: April 2016