Securities Clearing and Settlement in Australia
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1 Securities Clearing and Settlement in Australia Global Payments Week Sydney October 3, 2006
2 Overview 1. Institutional Framework - Markets, clearing, settlement 2. Regulatory Framework - Minister, ASIC, RBA - Financial Stability Standards
3 1. Institutional Framework
4 Institutional framework Pre July 2006 Australian Stock Exchange Sydney Futures Exchange Trading Australian Stock Exchange (equities, derivatives) SFE (derivatives) Debt (OTC market) Clearing Australian Clearing House SFE Clearing Settlement ASX Settlement & Transfer Corporation Austraclear
5 Institutional Framework Current Australian Stock Exchange Limited Trading Australian Stock Exchange (equities, derivatives) Sydney Futures Exchange (derivatives) Debt (OTC market) Clearing Australian Clearing House SFE Clearing Settlement ASX Settlement & Transfer Corporation Austraclear
6 History to Structure Legislative monopolies Corporations Act; changed in 2002 Demutualisation ASX in 1998 SFE in 2000 Merger Opposed by ACCC in 1999 Not opposed by ACCC in 2006 Future consolidation of clearing and settlement?
7 Institutional Framework Australian Stock Exchange Limited Trading Australian Stock Exchange (equities, derivatives) Sydney Futures Exchange (derivatives) Debt (OTC market) Clearing Australian Clearing House SFE Clearing Settlement ASX Settlement & Transfer Corporation Austraclear
8 ASX Clearing: ACH ACH history - formerly the Options Clearing House (OCH) - assumed clearing of equities in 2003 Function - acts as central counterparty to ASX equities and derivatives trades - margins derivatives, clearing guarantee fund - obligations extinguished at settlement
9 Institutional Framework Australian Stock Exchange Limited Trading Australian Stock Exchange (equities, derivatives) Sydney Futures Exchange (derivatives) Debt (OTC market) Clearing Australian Clearing House SFE Clearing Settlement ASX Settlement & Transfer Corporation Austraclear
10 ASX Settlement: ASTC ASTC - owns and operates the CHESS registry Function - settles ASX trades on behalf of ACH - performs registry tasks; corporate actions, transfers - settles between participants on DvP Type 3 basis on T+3 - interbank settlement occurs in RITS daily
11 Institutional Framework Australian Stock Exchange Limited Trading Australian Stock Exchange (equities, derivatives) Sydney Futures Exchange (derivatives) Debt (OTC market) Clearing Australian Clearing House SFE Clearing Settlement ASX Settlement & Transfer Corporation Austraclear
12 SFE Clearing: SFEC SFEC - mainly futures, also options Function - acts as central counterparty to SFE trades - margins, settlement guarantee fund - obligations extinguished at settlement
13 Institutional Framework Australian Stock Exchange Limited Trading Australian Stock Exchange (equities, derivatives) Sydney Futures Exchange (derivatives) Debt (OTC market) Clearing Australian Clearing House SFE Clearing Settlement ASX Settlement & Transfer Corporation Austraclear
14 SFE Settlement: Austraclear Austraclear history - formerly independent; technology provider and depository - bought by SFE in 2000 Function - settles OTC debt security transactions - performs registry tasks; corporate actions, transfers - settles between participants DvP Type 1 - interbank settlement occurs in RITS RTGS
15 2. Regulatory Responsibilities
16 Regulatory Responsibilities Corporations Act Provides the regulatory framework for markets and clearing and settlement (CS) facilities - Requires that markets and CS facilities be licensed - Sets out specific requirements which CS licensees must meet - Outlines regulatory responsibilities
17 Regulatory Agencies The Minister - Responsible for Licensing of CS facilities and rule changes Reserve Bank - Responsible for systemic risk aspects of CS facilities Australian Securities and Investments Commission (ASIC) - Responsible for all other requirements for CS facilities
18 ASIC Responsible for monitoring a number of requirements on CS facility licensees - Provide services in a fair and effective way - Sufficient financial, technological, human resources - Adequate supervisory arrangements Once a year must assess each CS facility - Report to Minister Enforcement power for all requirements
19 Reserve Bank Responsible for monitoring systemic risk issues - May determine Financial Stability Standards Once a year must assess each CS facility - Report to Minister No enforcement power ASIC responsibility Payments System Board responsible for Bank policy
20 Standard Making Power s827(d): The Reserve Bank may determine standards to ensure that clearing and settlement facilities conduct their affairs in a way that promotes overall stability of the Australian financial system. Standards determined in 2003 Separate standards for central counterparties and securities settlement facilities
21 General Standard A CS facility licensee must conduct its affairs in a prudent manner, in accordance with the standards of a reasonable CS facility licensee in contributing to the overall stability of the Australian financial system, to the extent that it is reasonably practicable to do so.
22 Standard for Central Counterparties Supporting Measures for the Standard Legal framework Participation requirements Understanding risks Novation Settlement Default arrangements Risk controls Governance Operational risk Regulatory reporting
23 Standard for Securities Settlement Facilities Supporting Measures for the Standard Legal framework Participation requirements Understanding risks Certainty of title Settlement External administration Operational risk Regulatory reporting
24 Differences between Standards and CPSS Recommendations Division of responsibilities between regulators - Efficiency Compliance - Contravention of Corporations Act
25 Regulation in practice Compliance with the Standards - CS facility obligation Annual assessments - Reported to CS facility and the Minister Quarterly Reports - Other ongoing reporting requirements Information sharing with ASIC - Formal and Informal - Memorandum of Understanding
26
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