Counterparty Substitution in Central Counterparty (CCP) Systems
26.3 Banking & Finance Law Review 517, 2010
24 Pages Posted: 19 Nov 2010 Last revised: 22 May 2016
Date Written: October 1, 2010
Abstract
This article describes the legal aspects involved in the counterparty substitution mechanism between a Central Counterparty (CCP) system and the clearing members through the contractual processes of multilateral novation netting and open offer. The substitution process is necessary in order to provide legal certainty for the system participants and to ensure them that the CCP guarantees all transactions as principal.
Keywords: CCP systems, open offer, multilateral novation netting, counterparty substitution, mutuality requirement
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