Post on 29-Dec-2015
ECSDA and the European challenges in the post-trading industry
ACSDA General Assembly
Panama City- 22 February 2008
Joël Mérère, Chairman of ECSDA
2
Agenda
What’s new in the life of ECSDA
The Code of Conduct
Target2 Securities
The Giovannini barriers
Update of the ECSDA cross-border model
Issuer services
Regulation of ESCB / CESR
Conclusion
3
January 2006: merger with CEECSDA
January 2008: the Board of Directors unanimously support the setting up of an ECSDA permanent structure (General Secretary / premises in Brussels)
Joint KELER / ECSDA initiative to organise the CSD 10 in Budapest
January 2008: the Association of European Central Securities Depositories (AECSD) is granted a permament observer status in ECSDA
What’s new in the life of ECSDA
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With 41 members, ECSDA constitutes a key forum for discussion and provides a representative interlocutor for European authorities.
New ECSDA perimeter
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ECSDA members
• Central Depository Agency Inc (Croatia)• Central Depositary Agency, JSC Podgorica
(Montenegro)• Central Registry Agency (Turkey)• Central Registry of Securities JSC-Republic of
SRPSKA (Bosnia & Herzegovina)• Central Securities Depository and Clearing House
(Serbia & Montenegro)• Central Securities Clearing Corporation
(Slovenia)• Central Securities Depository SA (Greece)• Central Securities Depository AD (Bulgaria)• Central Securities Depository of Lithuania• Central Securities Depository of the Slovak
Republic• Depository Clearing Company (Russia)• Clearstream Banking AG (Germany)• Clearstream International SA (Luxembourg)• CrestCo Ltd (UK) – Euroclear Group• Cyprus Stock ExchangeEstonian CSD Ltd• Estonian CSD Ltd• Euroclear Bank SA• Euroclear Belgium
• Euroclear France SA• Euroclear Nederland• Iberclear (Spain)• Interbolsa (Portugal)• Keler Ltd (Hungary)• Latvian Central Depository • Malta Stock Exchange (Malta)• Monte Titoli SPA (Italy)• National Depository for Securities (Poland)• National Securities Clearing, Settlement and Depository
Company (Romania)• Oesterreichische Kontrollbank AG (OeKB)• Registry of Securities of the Federation of Bosnia Herzegovina• SC Depositarul Central SA (Romania)• SIS Group (Switzerland)• Stredisko Cennych Papiru (Czech Republic)• Suomen Arvopaperikeskus OY (Finland)• Takasbank (Turkey)• The National Depository Center (Russia)• UNIVYC Ltd (Czech Republic)• Verdbrefaskraning Islands (Iceland)• Vaerdipapircentralen A/S – VP Securities Service (Denmark)• Verdipapircentralen (Norway)• VPC AB (Sweden)
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ECSDA organisation
Kjell Arvidsson (Sweden)Janacek Bedrich (Czech Republic)Jesus Benito (Spain)Stéphane Bernard (Belgium)Helena Cacka (Czech Rep)Spyros Capralos (Greece)Emin Catana (Turkey)Paolo Cittadini (Italy)Christoff Lubomir (Bulgaria)György Dudàs (Hungary)Adriana Tanasoi (Romania)Jasminka Djukic (Rep. of Srpska)Miroslav Dzidic (Bosnia)Nikolay Egorov (Russia)
Remzi Ozbay (Turkey)Seppo Rantanen (Finland)Robert Rickenbacher (Switzerland)Katrin Sagar (Estonia)Einar S.Sigurjónsson (Iceland)Guy Schuermans (Nederland)Boris T. Snuderl (Slovania)Joseph Zammit Tabona (Malta)Adriana Tanasoiu (Romania)Anso Thiré (Euroclear Bank)Vida Uzelac (Serbia)Ratis Vancans (Latvia)Georg Zinner (Austria)Vesna Zivkovic (Croatia)
Board of Directors
Abel C.S. Ferreira (Portugal)Mark Gem (Clearstream Luxembourg)Jan Hellstrom (Norway)Vladimir Kascelan (Montenegro)Arturas Keleras (Lithuania)Peter Danko (Slovak Rep)Johannes Luef (Denmark)Tim May (UK)Joël Mérère (France)Nondas Cl. Metaxas (Cyprus)Mikhail Laufer (Russia)Elzbieta Pustola (Poland)Mathias Papenfuss (Germany)
Executive CommitteeJoël Mérère, Chairman
Mark Gem, György Dudàs, Vice-ChairmenVesna Zivkovic, TreasurerElzbieta Pustola, Secretary
Kjell Arvidsson, Jesus Benito, Paolo Cittadini, Boris T. Snuderl, Georg Zinner Arturas Keleras,
Members
WG1 WG2 WG3 WG5 WG6WG4
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ECSDA organisation (cont’ d)
Risk Management & Audit
Disclosure framework
Settlement Link
EU Commission project on a framework Directive (definitions) ESCB/CESR standards Legal Certainty/Unidroit/Hague T2S Legal/Regulatory issues
Public Policy
Matching harmonisation Target2 interface to ancillary systems Update of ECSDA cross-border model
Information Technology
on hold
HarmonisationRemoval of 3 of the Giovannini barriers :7 (opening days and timetables) ; 4 (intra-day finance) ; 3 (corporate actions processing).
6 permanent Working Groups
Communication Giovannini Barrier 1 analysis
Work on the ECSDA DEX to identify the top 5 cases where ISO messages are not sufficient
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ECSDA governance
Board of Directors: 3 meetings/yearBoard responsibilities: - strategic discussions
- preparation of annual accounts/budget- proposal of the annual contribution- creation and composition of Working Groups- approval of the Working Groups’ mandates and conclusions
In theory, vote is possible in practice = consensusIn attendance = Directors, Observers and Chairmen of the WGs
Executive Committee: 3 meetings/year (in between BoDs’ meetings)ExCo responsibilities: - follow-up of BoD decisions
- preparation of the next BoD meeting - follow-up the on-going work of the working groups
- any urgent matter that does not require a Board decision
Special Interest Sessions (for Directors, Observers and WG Chairs) - half-day meeting the day prior to the BoD meeting - objective: sharing experiences or topics of general interest - Funds - Issuer services – Academics - SWIFT’s communication protocol (Giovannini Barrier 1) – Target 2 Securities – ESCB/CESR standards – New initiatives – ...
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What’s new in the life of ECSDA
The Code of Conduct
Target2 Securities
The Giovannini barriers
Update of the ECSDA cross-border model
Issuer services
Regulation of ESCB / CESR
Conclusion
Agenda
10
“Communication” on Clearing and Settlement issued by the European Commission in April 2004
Content of communication: It proposes a framework Directive focusing on rights of access, a common
regulatory approach (ESCB/CESR) and governance It is explicit in stating that the Directive should not deal with functional
separation or structural issues It recognises that clearing and settlement services are provided by a broad
selection of institutions (functional approach) It addresses fragmentation issues as identified in the Giovannini reports. The
Commission will also set up an advisory and monitoring group to deal with these issues
In July 2006, the European Commission decided not to go ahead with a Directive but called for self-regulation of the industry (trading, clearing, settlement through a Code of Conduct
BUT, a Directive could still come if Code fails
Background
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The Code of Conduct (cont’d)
The Code was signed on 7 November 2006
4 main elements Price transparency by end December 2006 Establishing access and interoperability conditions by end June 2007 Separate accounting of, and unbundling between, trading, clearing and
settlement (for vertical siloa), and of the main activities performed by CSDs by end December 2007
Procedures for the verification and external audit of the commitments made including a new ad hoc committee to be established by the Commission comprising Public Sector interlocutors
12
Signatories to the CoCStock Exchanges
(coordinated by FESE)
Clearing Organizations
(coordinated by EACH)
(I)CSDs
(coordinated by ECSDA)
Athens Ex.(Greece)
BME (Spain)
Borsa Italiana
Bratislava Stock Exchange.(Slovakia)
Budapest SE (Hungary)
Cyprus SE
Deutsche Börse (Germany)
NYSE Euronext (BE, FR, NL, PT)
Irish SE
LSE (UK)
Luxembourg Stock Exchange
Ljubljana Stock Ex. (Slovenia)
Malta Stock Ex.
OMX Exchanges (DK, SE, FI, IS, EE, LT, LV)
Oslo Bors
Prague Stock Exchange
SWX Swiss Ex.
virt-x (UK, Switzerland)
Warsaw Stock Ex.
Wiener Börse (Austria)
CCP Austria
CC&G (Italy)
Eurex Clearing AG (Germany/Ireland)
KDPW (Poland)
KELER (Hungary)
LCH.Clearnet Ltd (UK)
LCH.Clearnet SA (BE, FR, NL, PT)
OMX (Denmark, Sweden, Finland)
Serbia CSD
SIS x-clear (Switzerland)
VPS Clearing (Norway)
European Multilateral Clearing Facility N.V. (EMCF)*
APK (Finland)
Clearstream Banking Germany
Clearstream Banking Luxembourg
CSCC (Slovenia)
CSD AD (Bulgaria)
CSD of Bosnia and Herzegovina
CSD of Croatia
CSD of Lithuania
CSD of Montenegro
CSD of Serbia
CSD of the Slovak Republic
Cyprus Stock Exchange
Estonian CSD
Euroclear UK & Ireland
Euroclear Bank
Euroclear Belgium
Euroclear France
Euroclear Netherlands
Helex (Greece)
Iberclear (Spain)
Icelands Sec. Depository
Interbolsa (Portugal)
KDPW (Poland)
Keler (Hungary)
Latvian CSD
Malta Stock Ex.
Monte Titoli (Italy)
NCSD Group (Sweden)
OeKB (Austria)
SCP (Czech Rep.)
SIS Group (Switzerland)
UNIVYC (Czech Rep.)
VP (Denmark)
VPS (Norway)
There is a new signatory of the Code in EACH (EMCF) as well as another new signatory of the Code (Chi-X). These new signatories of the Code and the A&I Guideline should be compliant with all three phases of the Code immediately (no grace period).
*
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The Code - its scope
Agreed upon by EU (and some non-EU) Stock Exchanges, CCPs, CSDs and ICSDs
“Institutional” approach; it does not apply to intermediaries or agent banks
Only applies to signatories
The Code covers cash equities but extension to derivatives and other instruments was supposed to be subject to further analysis
14
The Code – Price Transparency
Objectives of price transparency: to enable customers to understand the prices they will have to pay for
services, including discount schemes to facilitate the comparison of prices and services
Organisations agree to publish: All offered services and their respective prices including applicable terms
and conditions, All Discount and Rebate Schemes and the applicable eligibility criteria, Examples that explain prices, as well as Discount and Rebates Schemes
for different types of customers or customer groups
Organisations agree to apply the published prices
All information to be made available at a prominent place on the Organisations’ websites
15
ECSDA Conversion Table
In particular ECSDA has been asked by Users and the European Commission to help understanding the different services and prices of its member CSDs and ICSDs in a comprehensive way in order to facilitate price comparability going forward
Therefore, the special ECSDA Taskforce “Price Comparability” has elaborated a Conversion Table and ICSDs in a comparative manner
The Conversion Tables show the following details in a concise structure: Service description according to the services listed in the Code Overview which tariff sections in the members’ price schedules refer to which
service Clear reference to members’ fee schedule/ tariff brochure Overview of fees charged to customer (issuer/ agent, intermediary, end investor,
other)
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The Code – Access and interoperability
The Code complements the access rights established in MiFID, i.e. The right to access remotely a foreign CCP and CSD The right to choose the settlement location for their trades (provided links
are in place)
The Code sets out that: CCPs should be able to access other CCPs CCPs should be able to access CSDs CSDs should be able to access other CSDs CCPs and CSDs should be able to access transaction feeds from trading
venues CSDs should be able to access transaction feeds from CCPs A trading venue should be able to access a CSD and/or CCP for its post-
trading activities
Access and Interoperability Guidelines, agreed in early July 2007
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Status of Access & Interoperability requests*
* Table dd. 18 January 2008; based on information publicly available in the financial press
Receiving Entity
Requesting Entity
Lond
on S
tock
Exc
hang
e
Bor
sa I
talia
na
SW
X
virt
-x
Eur
onex
t P
aris
Eur
onex
t A
mst
erda
m
Eur
onex
t B
elgi
um
Eur
onex
t P
ortu
gal
FW
B (
Fra
nkfu
rt)
Chi
-X
LCH
.Cle
arne
t Lt
d
CC
&G
(It
aly)
SIS
x-c
lear
LCH
.Cle
arne
t S
A (
Fra
nce)
LCH
.Cle
arne
t S
A (
NL)
LCH
.Cle
arne
t S
A (
Bel
gium
)
LCH
.Cle
arne
t S
A (
Por
tuga
l)
Eur
ex C
lear
ing
AG
Chi
-X
Eur
ocle
ar U
K&
I
Mon
te T
itoli
SIS
Seg
aInt
erS
ettle
Eur
ocle
ar F
ranc
e
Eur
ocle
ar N
L
Eur
ocle
ar B
elgi
um
Inte
rbol
sa (
Por
tuga
l)
Cle
arst
ream
Ban
king
FF
M
Cle
arst
ream
Ban
king
Lux
.
Eur
ocle
ar B
ank
Eurex Clearing AG X X X X X X X X X X X X XLCH.Clearnet Ltd X X X X X X X X X X X X X XLCH.Clearnet SA X X X X X X X XSIS x-clear X X X X X X X X X X X X X XClearstream Banking Frankfurt
X X X X X X X X X X
Clearstream Banking Luxembourg
X X X X X X X X X X
Euroclear Bank X X X X XSIS SegaInterSettle X X X
SettlementTrading
Cle
arin
gS
ettle
men
t
Clearing
EM
CF
XX
X
X X
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Good progress made
Outstanding issues
Public sector related dependencies
Possible need for CCPs to obtain a banking licence
Eurosystem policy statement on CCP consolidation
Lack of progress to tackle the removal of Giovannini barriers (Tax etc.)
Private sector related dependencies
Moving from one to several CCPs – necessary changes :
- Technical infrastructure & IT changes
- Routing changes
- Operational changes
Different interpretation of A&I Guidelines
- Cherry picking clause (Art. 57)
- Diverging approaches towards prioritisation of requests
Hybrid of public and private sector dependencies
Variety of national, legal and regulatory requirements
Exchange rules may require a local CSD-status
Selfregulation in a non-harmonised Europe creates a temporary unlevel playing field
Inter-CCP risk management principles to be agreed
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The Code - Unbundling and Accounting Separation
These measures are designed: To make transparent the relation between revenues and costs of different
services in order to facilitate competition, To make transparent potential cross-subsidies between the different
services, and To provide users with choice regarding the services available to purchase
The Code foresees unbundling and accounting separation between trading, clearing and settlement, and
Within the settlement layer, unbundling and accounting separation
between: Account provision, establishing securities in book entry form, and asset
servicing; Clearing and settlement (including verification); Credit provision; Securities lending and borrowing; and Collateral management
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Overview: service Unbundling & Accounting Separation
Unbundling
Customer can purchase an unbundled service without having to purchase another Special price offers for several unbundled services possible; special price has to meet price transparency requirements of CoC
Accounting
Disclose non-consolidated accounts for unbundled services to National Regulator
Apply IFRS or local standard, if IFRS not mandatory
Services TradingCCP
ServicesCSD Services
Clearing & Settlement
Account Prov. Asset Services
Borrowing &
Lending
CreditProvisio
n
Collateral
Mgmt
Unbundling the following services from each other:
FESE EACH ECSDA
Affects primarily ECSDA members
Affects all associations: FESE, EACH and ECSDA members
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Accounting SeparationProcess
Organisation
National Regulator
National Regulator
National Regulator
National Regulator
Disclosure of individual data
CESR
Format & completeness check of data delivery;no disclosure of individual data
Organisation Organisation Organisation
MOG
Delivery of aggregated overview on completeness checks
22
The Code – Monitoring compliance
The European Commission has established a Monitoring
Group (MoG) which has met four times (January, April, July and October)
A two-steps process has been proposed by the European Commission:
1. A self-assessment report by the Organisations, which
will be provided to the National Regulator
2. An assurance-report by the External Auditors assessing the self-assessment
report, which will also be provided to the National Regulator
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CoC is a self-regulatory approach and represents a self-commitment of organizations in the stock exchange, clearing, settlement and safekeeping layers of the financial value chain.
The trade associations FESE, EACH and ECSDA are currently representing the organizations who have signed the CoC vis-à-vis the EU-Commission and other security industry associations.
New entrants are accessing the European trade / post trade landscape. Such organizations are not already members of FESE / EACH or ECSDA. Single point of contact per layer to facilitate the requests of additional CoC-signatories in
the future.
Proposal to delegate the ‘maintenance / facilitation’ of the CoC to a new Committee, the “Coordination Committee” being composed by the Chair of the 3 Associations FESE/EACH/ECSDA*. Attendance should be limited to Associations and not to individual organizations.
The „Coordination Committee“ shall be open to other associations whose members have signed the Code.
Maintenance / Facilitation of the Code of Conduct for Cash Equities
Background
Issue description
Proposed solution
* Known as ‘Pan-association call’
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Extending the Code to other Asset Classes
The following generic questions have to be clarified upfront and serve as prerequisite of any discussion about other asset classes:
Is there a “market failure/deficit” to be addressed for : a) fixed income instruments?
b) derivatives?
If there is a market failure what would be the adequate tool of a regulatory action for : a) fixed income instruments? b) derivatives?
If a self-regulatory approach is the adequate instrument to address market failure for derivatives/fixed income markets, which are the additional market players who should be involved?
Do you think that market infrastructures should, as a priority, focus on the full implementation of the existing Code of Conduct for cash equities?
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What’s new in the life of ECSDA
The Code of Conduct
Target2 Securities
The Giovannini barriers
Update of the ECSDA cross-border model
Issuer services
Regulation of ESCB / CESR
Conclusion
Agenda
26
ECB definition
T2S will be a single IT platform enabling settlement of securities in central bank money over the euro area
CSDs would delocalise their securities accounts to T2S, which would perform the processing of their settlement instructions on these accounts
CSDs would keep their customer base and continue to perform non-settlement related functions (issuance, corporate actions, custody …)
27
Status so far
ECB have released URD for consultation “User Requirements Document” ~800 pages long! Responses due by 2 April
NUGs set up “National User Groups”
Post 2 April ECB to analyse responses ECB Governing Council to decide in June?
• Very tight deadlines
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Key issues - GeneralImpact on market structure Cross-CSD settlement CSDs to move up value chain
Direct connectivity Who does it benefit? How does it deliver cost savings?
Corporate action processing How does adding intermediation help?
• Not a problem for bearer securities? Information, deadlines, processes, efficiency…
“Re-shaping” debate To what extent can T2S deliver end-to-end cost savings? How to integrate existing services? How to develop new services?
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FeasibilityCan CSDs decommission systems? (1)
ECSDA paper sent to ECB Request that it be made an agenda item for the AG
Major feature of the T2S proposal is the proposition that 13 settlement systems can be decommissioned and replaced by one, generating big cost savings
CSDs’ ability to decommission systems is not a matter of policy preference; it is: Dictated by functional, operational and legal considerations Strongly influenced by service level considerations
If CSDs cannot decommission systems, the costs of T2S would come on top of existing industry costs
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FeasibilityCan CSDs decommission systems? (2)
T2S proposal envisages T2S providing end-of-day securities balances to CSDs (e.g. for corporate action processing) Conclusion: CSDs cannot decommission account structures
architecture/databases
T2S proposal envisages T2S databases only holding data required for settlement purposes Conclusion: CSDs must maintain other databases with full data
T2S proposal envisages input & matching taking place in CSDs Conclusion: CSDs cannot decommission lifecycle management systems
T2S will cover euro central bank money settlement only: Conclusion: multicurrency CSDs and/or CSDs settling in commercial bank
money cannot decommission any systems at all
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Key legal issues to be addressed How is governing law established? How is settlement finality established? What will be the liability framework? What will be the contractual arrangements (eg changes management)?
Governance Respective roles of CSDs and users
Legal issues and governance
32
What’s new in the life of ECSDA
The Code of Conduct
Target2 Securities
The Giovannini barriers
Update of the ECSDA cross-border model
Issuer services
Regulation of ESCB / CESR
Conclusion
Agenda
33
The Giovannini Report: barriers to a single European MarketJanuary 2001:
The Giovannini Group released a first Report on Clearing and Settlement system in Europe, identifying 15 barriers to the implementation of a single, efficient European Market
Conclusion:
The removal of the Barriers should be conducted by all the associations representing the Securities Industry in Europe, in cooperation with the Authorities involved, through the draft of technical standards, specific agreements, rules and regulations.
April 2003:
The Giovannini Group released a second Report on Clearing and Settlement system in Europe, identifying the necessary actions to be taken for the removal of the 15 barriers mentioned in the first report
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The role of ECSDA in the removal of the Barriers identified by thesecond Giovannini Report(1)
The Giovannini Group gave the ECSDA a primary position in the process of the removal of the Barriers
Particularly, for the removal of Barriers concerning operating hours and intraday settlement finality, the Report states:
“Operating hours and settlement deadlines should be harmonised, using TARGET hours as the benchmark. ECSDA should take the lead in this initiative, in close cooperation with the ESCB. This barrier should be removed within a period of two years from the initiation of this project” (Barrier 7)
“ Intra-day settlement finality in all links between settlement systems within the EU should be guaranteed. ECSDA should coordinate necessary measures. These measures should be drawn up in close consultation with the ESCB/CESR joint working group. This barrier should be removed within a period of three months of removing Barriers 7 an 1” (Barriers 4)
35
ECSDA role in the removal of the Barriers identified by the second Giovannini Report(2):
For the removal of the Barrier 3 (Corporate action harmonisation), the Giovannini Group gave a mandate to ECSDA together with the credit sector’s associations.
“National Rules relating to corporate actions processing should be harmonised.The local agent banks acting through the European Credit Sector Associations and together with ECSDA should coordinate private-sector proposals. National governments should co-ordinate their response via the relevant EU Council. This barrier should be removed within three months of removing Barriers 7 and 1”
ECSDA appointed the WG5 for the draft of market standards for the harmonisation of cross border settlement (4&7) and corporate actions procedures (3).
36
Barriers 4 & 7 – opening days, timetable and intra day settlement finality : what has been done so far
Identify obstacles and barriers to the implementation of existing ECSDA standards (1-10);
Identify the effective market needs to overcome barriers to DVP cross border;
Monitor the effective implementation of existing ECSDA standards
April 2004:
The WG 5 published “the ECSDA response to the Giovannini Report”, a first set of 10 market standards for the harmonisation of opening days, timetable and intra day settlement finality for cross border transaction
April 2005 and April 2006: 2 update reports were released
ECSDA strengthened its cooperation with the European Primary Dealers Association (EPDA) in order to:
37
Barrier 3 – corporate action harmonisation: what has been done so far
June 2005: WG5 published “The ECSDA’s response to the Giovannini Report, Barrier 3, Corporate Action - Part 1 Mandatory Distributions”, a First set of 16 market standards for the harmonisation of dividend payment procedures.
July 2006: “The ECSDA’s response to the Giovannini Report, Barrier 3, Corporate Action - Part 2 Claims” was published by WG5, with a second set of market standards for the harmonisation of market claim procedures.
In accordance with the mandate to speed up the harmonisation process, WG5 intensified talks and discussions with all the associations involved for the removal of Barriers 3: ESF/FBE/ECSA/EALIC.
The output of this joint work is the setting of 45 Market Standards on Mandatory Distribution enforced by all the associations.
38
It was agreed by all members of the Steering Group to create a Corporate Actions Joint Working Group (CAJWG) for the analysis of the remaining Corporate Events: distribution with options, reorganisations, market claims (standards already drafted by ECSDA WG5 and to be agreed with all the association involved at CAJWG level).
Meetings were held in Brussels, London, Paris and Milan Important steps forwards were taken as far as distribution with options and
reorganisations are concerned Other meetings are planned in order to finalyse the work on all the voluntaryand
mandatory corporate events
The final work will be a complete set of Market standards for the harmonisation of the entire corporate actions process.
Barrier 3 – corporate actions harmonisation: next steps A Joint Corporate Actions Steering Group has been set up upon decision of ECSDA/EALIC/EBF/ESF ECSA in order to monitor and speed up the corporate action harmonisation process.
39
Giovannini Barrier 1 - Background
SWIFT received the mandate from the European Commission to work on the elimination of Giovannini Barrier 1:
“National differences in the information technology and interfaces used by clearing and settlement providers should be eliminated via an EU-wide protocol. SWIFT should ensure the definition of this protocol through the Securities Market Practice Group (SMPG). Once defined, the Protocol should be immediately adopted by the European System of Central Banks (ESCB) in respect of its operations. This barrier should be removed within two years from the initiation of this project.”
Currently not all CSDs do offer a standardised gateway to their systems and require proprietary protocols to access their core settlement and corporate action systems.
SWIFT did consult with all participants in the European space to discover why this is the case
40
Consultations leed to requirements
SWIFT discovered that local formats are existing for different reasons:
1. Requirements from local customers in the past
2. Additional / special services from CSDs
3. Competition was not accepted by local participants which in most cases have been also the owners
Reconciliation of internal proprietary messages between CSD and customers versus ISO15022 messages was done with the requirement to change or add ISO15022 messages
41
Workshops have been taken place for all different areas of activity
Gaps have been identified, classified or declined for a enhancement process
Presentation on the industry consultation on Giovannini Barrier 1 planned for next WG 6 meeting in March
Deadline for elimination of the GB1 is set for early 2011
Giovannini Barrier 1 - Current / Next steps
42
What’s new in the life of ECSDA
The Code of Conduct
Target2 Securities
The Giovannini barriers
Update of the ECSDA cross-border model
Issuer services
Regulation of ESCB / CESR
Conclusion
Agenda
43
Background
Numerous DvP links between CSDs exist in Europe
Very often for settlement of transactions that are submitted directly from an exchange and/or CCP
TARGET2 replaces TARGET, offering new possibilities for cross-border DvP settlement in central bank money
44
Analyse existing links
Identify common features
Develop generic models that reflect the existing situation
Develop solutions for future settlement of the cash leg via T2
Ask WG6 to develop harmonised messages for cross-border settlement between CSDs (in cooperation with SMPG/SWIFT)
Objectives
45
Report of nearly 90 pages
Emphasis on solutions where instructions are submitted from exchanges/CCPs and processed STP in DvP links across CSDs
Instructions input by participants as a special case of the above, requiring matching processes in the CSDs
Cash leg in commercial bank money or central bank money for any of the parties to the settlement
Outcome
46
Relation to MiFID and Code of Conduct
The links offer what MiFID requests in article 34(2) (“participants should have the right to designate the system in which they settle their trades”)
The links serve as model for the links mentioned in the Access and Interoperability Guideline of the Code of Conduct
They are in the Code called standard unilateral access or customised unilateral access
WG6 develops standards for the customised access
47
Matching issues
For the matching processes in the CSDs, ECSDA and ESF developed harmonised standards in 2006
Implementation started in 2007
Implementation should be complete by 2009
The standards actually include matching and life-cycle management processes
Key element is a hold/release mechanism that allows users to control at any time whether an instruction is submitted to settlement (“released”) or not (“hold”)
48
Matching and T2S
There is currently a debate with T2S on whether matching should take place in T2S or in the CSDs
ECSDA is of the opinion that matching should be unbundled from settlement
T2S should be a platform for settlement only
CSDs can match instructions outside T2S following their own standards
49
What’s new in the life of ECSDA
The Code of Conduct
Target2 Securities
The Giovannini barriers
Update of the ECSDA cross-border model
Issuer services
Regulation of ESCB / CESR
Conclusion
Agenda
50
A key CSD service is to hold securities issuance accounts on behalf of issuers and to enable and administer securities transactions to be processed by book-entry. These procedures are designed to protect the integrity of securities issuances as well as to facilitate safe and efficient securities services distribution. Issuance and holding procedures may vary from country to country depending on issuer preference, market practice and regulation.
The current issuer service level varies considerably between European CSDs. In some markets CSDs offer extensive services to issuers while in other markets CSDs currently offer a rather limited service.
In order to address and explain these differences ECSDA held an internal Special Session on Issuer Services in 2005. As follow-up ECSDA decided to gather further information on the current issuer services level among its members. This study was completed in 2007.
The findings in the ECSDA study will be presented at a conference on 3 April 2008.
Background
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Study methodology
Issuer
CSD
Investor
Intermediary
Intermediary
Ups
trea
mD
ow
nstr
eam
4 categories of issuer services:Category 1: Corporate Actions servicesCategory 2: Information servicesCategory 3: Annual General Meeting servicesCategory 4: Other issuer services
Upstream (Issuer) versus Downstream (Investor) services
4 questions
Do you -or do you consider to- provide the service ?
How is your current market situation ?
- Mandatory or voluntary service
Who is your customer ?
- The issuer/investor itself (direct) or an intermediary (wholesale)
How do you reach your customer ?
- By web, a proprietary system or another way (eg. paper/fax)
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Main findings 1 Corporate Actions services
“Corporate actions services” include any event initiated by an issuer which impacts holders of securities.
Customer relationship
A substantial number of CSDs provide upstream Corporate Actions services directly to the issuer
Most CSDs provide downstream services through intermediaries
Market situation and service level
Many mandatory corporate action services (e.g. in 51% of CSDs payment services are mandatory)
The level of involvement in tax related services depends on CSD account structure & legal framework
Room for improvement of issuer interfaces (only 20% of the CSDs provides a web interface for issuers)
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Main findings 2 Information services
“Information services” include registrar services, shareholder communication, insider reporting , mutual funds taxation and statistics (ownership, turnover and holdings)
Customer relationship Most CSDs provide upstream information services directly to issuers. Downstream information services are normally provided partly to the final investor, partly via intermediaries
Market situation and service level Most CSDs provide registrar services, many as mandatory services. A lower score on involvement in ownership, turnover and holding statistics may indicate potential for further
CSD services. Most CSDs offer shareholder communication services and normally in a competitive environment Only a few CSDs offer insider reporting and mutual funds taxation services. Surprisingly few CSDs offer statistical services downstream Room for improvement of issuer interfaces (web interfaces and SWIFT formats are rare services).
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Main findings 3 Annual General Meeting services
“Annual General Meeting” (AGM) services include announcement, administration and proxy voting services
Customer relationship
Most CSDs provide AGM announcement services to issuers and many others are considering this as an opportunity
Upstream AGM announcement and administration services are mainly offered directly to the issuer, and proxy voting services mainly to an intermediary
Downstream AGM services are mainly offered to an intermediary
Market situation and service level
Most AGM services are offered in a competitive environment
Some CSDs are fully or partly involved with proxy voting and AGM administration services to issuers and others are considering this as an opportunity
Currently, only 3 CSDs offer AGM services via SWIFT format (but the SWIFT 20022 message may change this)
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Main findings 4 Other issuer services
“Other issuer services” include national numbering agency (NNA) and
EC Transparency Directive Official Appointed Mechanism (OAM) services
Customer relationship
CSDs providing NNA and OAM services normally serve the issuer directly
Downstream services are normally offered to intermediaries
Market situation and service level
69% of CSDs are responsible for the numbering of securities in their domestic market. In the other markets NNA services are provided by a stock exchange, a central bank or a private data vendor
17% of CSDs currently provide OAM service. Another 17% are considering OAM as an opportunity
The downstream communication channels for NNA and OAM are 100% electronically whereas the upstream ones may still involve correspondence for NNA
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66 % of ECSDA CSDs have a direct issuer relationship
Main conclusion 1Potential for further CSD issuer services
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Main conclusion 2
The potential level of issuer services seems to depend on its issuer relation as well as its account structure
Direct relation between CSD and issuer Intermediary relation between CSD and issuer
Direct account holding system
Maximum potential Medium potential
Indirect account holding system
Medium potential Minimum potential
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What’s new in the life of ECSDA
The Code of Conduct
Target2 Securities
The Giovannini barriers
Update of the ECSDA cross-border model
Issuer services
Regulation of ESCB / CESR
Conclusion
Agenda
59
Regulation of ESCB/CESR
The European System of Central Banks (ESCB) and the Committee of European Securities Regulators (CESR) attempting to define standards aimed at increasing the safety, soundness and efficiency of securities clearing and settlement activities in EU
Strengthens the CPSS/IOSCO Recommendations for Securities Settlement Systems (issued in 2001)
(Systemic) risk minimisation is the key aim
Tried to deliver “functional regulation” functional regulation requires that the standards should be applied to
functions NOT institutions important providers of settlement services, i.e. CSDs, ICSDs and agent
banks
But, standards “stalled” for over three years
Now being revived …
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What’s new in the life of ECSDA
The Code of Conduct
Target2 Securities
The Giovannini barriers
Update of the ECSDA cross-border model
Issuer services
Regulation of ESCB / CESR
Conclusion
Agenda
61
The only certainty for European CSDs is their… uncertain future
Will the Code of Conduct be a success? If yes, what will be its consequences? If not, should we be prepared to enter into a couple
of years of negotiation on a Directive?
Will Target2 Securities be launched? If yes, and even if it would be expected to become operational in 2013, what would be its consequences in terms of CSDs’ strategic developments (investments, alliances)?
Would a combination of the Code (if successful) and of T2S foster competition amongst CSDs in Europe? Is it, eg, a realistic scenario for CSDs to move up the value chain (i.e. to become custodians)? Will the already observed blurring of borders between CSDs and custodians (internalisation) spread out?
Are issuers services a strategic development for CSDs in a European context?
………..…