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Operating Procedures of the Euroclear System are printed periodically, incorporating amendments to the date
of publication. The most recent edition is dated January 1, 2001. Subsequent amendments issued as
“Amendments to Operating Procedures” are listed below.
Section 8.2
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www.euroclear.com
Euroclear is the marketing name for the Euroclear System, Euroclear plc,
Euroclear SA/NV and their affiliates
Euroclear Bank is a banking corporation organised under the laws of the Kingdom of Belgium
No part of this document may be reproduced, in any forms or by any means, without permission in writing from
Euroclear Bank SA/NV
Summary table of contents
These Operating Procedures are supplemental to the Terms and Conditions and
Supplementary Terms and Conditions and constitute an integral part thereof.
Definitions
Abbreviations
Part II - Services
A. Securities Clearance and Settlement
13. Internal settlement
14. Bridge settlement
15. External settlement
16. New issues distribution
17. ACE confirmation and matching
18. FSA reporting
B. Custody
19. Custody general rules
20. Custody specific rules
C. Money Transfer
21. Money transfer rules
Part V - Miscellaneous
25. Bilateral Financing instructions
26. Central Bank Money Settlement
27. FundSettle services
28. French Primary Dealership Services
Annex 1
Index
Operating Procedures
November 19, 2007
Definitions
Definitions
The definitions below form an integral part of the Operating Procedures. Definitions which are defined in the
Supplementary Terms and Conditions are followed by “STC”; definitions which are defined in the Terms and
Conditions are followed by “TC”.
“Account” means any account opened by Euroclear Bank in the name of a Participant as described herein or in
the Operating Procedures, including, without limitation, Securities Clearance Accounts, Cash Accounts and
Non Deposit Accounts. (TC)
“Account Operator” means an organisation that has been authorised by one or more Participant(s) to send
instructions via CCI in the name of, and on behalf of, such Participant in relation to its Securities Clearance
Account(s) and the Cash Account(s).
“Alarm Bell Corporate Event” means a Corporate Event, including a Certification Event or a Tax
Certification Event, affecting a particular issue of securities with respect to which a Participant may or must
take an action prior to a specific deadline, except for (i) Corporate Events relating to a Custody Distribution for
which there is no action to be undertaken by a Participant and for which the form of the proceeds may be
securities at the choice of the issuer and (ii) Tax Certification Events relating to a Standard Refund.
“Alarm Bell Participants” means the Participants that are eligible to receive Corporate Action Alarm Bell
Reports in accordance with the terms and conditions of Section 19.3.2.4.
“Automatic Lender” means a Lender participating in automatic lending, as described in Section 3 of the
Supplementary Terms and Conditions. (STC)
“Back Value” or “backvalue” means the application of a value date for the cash side of an against-payment
securities transaction involving Newly-Issued Securities corresponding to an earlier contractual settlement date
(the date of settlement set forth in the contract between the parties to such transaction) rather than the date on
which actual Settlement occurs.
“Borrowed Securities” means securities borrowed by a Borrower pursuant to the Supplementary Terms and
Conditions. (STC)
“Borrower” means a Participant which is approved by Euroclear Bank as a Borrower and which (i) has
acknowledged receipt of and agreement to the Supplementary Terms and Conditions, and (ii) maintains a
credit arrangement satisfactory to Euroclear Bank. (STC)
“Borrowing” means any borrowing of securities pursuant to and subject to these Supplementary Terms and
Conditions (including any Non-cash Distribution distributed by an issuer on Borrowed Securities); different
types of Borrowing may be defined, subject to different terms and conditions, in the Operating Procedures.
(STC)
A “Bridge Currency” is a Settlement Currency which has been accepted by both Euroclear Bank and
Clearstream for Bridge settlement.
“Business Day” means a day when the Euroclear Operations Centre is open for business.
Operating Procedures 1
April 12, 2010
Definitions
“Business Unit” means a Participant or a branch, office or other administrative subdivision of a Participant
that administers a Securities Clearance Account or group of Securities Clearance Accounts (for example, a
branch of a Participant administering a group of accounts from a given location, independently of other
branches of the same Participant).
“Cash Account” means a current account (which may be divided into a number of sub-accounts, denominated
in U.S. dollars or in any other currency or Composite Currency Unit permitted by the Operating Procedures)
opened in connection with the Euroclear System by Euroclear Bank on its books in the name of a Participant or
in the name of an Other Clearance System selected pursuant to Section 11(b) of the Terms and Conditions.
(TC)
“Cash Correspondent” means a correspondent bank of Euroclear Bank for the Euroclear System.
“Cash Distribution” means any interest, dividend or other payment distributed by any issuer, or any agent on
behalf of an issuer, on any issue of securities as to which there are Borrowed Securities, other than a payment
in full or in retirement thereof. (STC)
“Central Bank Money Account” means a Central Bank Money Securities Account and/or a Central Bank
Money Cash Account.
“Central Bank Money Cash Account” means a sub-account to a Participant's current account in the books of
the BNB, reserved for the exclusive use of settling securities transactions against payment in central bank
money.
“Central Bank Money Free of Payment Delivery Without Matching instruction” means an instruction to
transfer securities from a Participant's Central Bank Money Securities Account to its Designated Securities
Clearance Account.
“Central Bank Money Funds Transfer instruction” means an instruction to wire funds from a Participant's
Central Bank Money Cash Account to its Designated Current Account.
“Central Bank Money instruction” means a Central Bank Money Settlement instruction, a Central Bank
Money Free of Payment Delivery Without Matching instruction, a Central Bank Money Funds Transfer
instruction, and a Free of Payment Delivery Without Matching instruction to transfer securities from a
Participant's Designated Securities Clearance Account to its Central Bank Money Securities Account.
“Central Bank Money Securities Account” means a Securities Clearance Account reserved for the exclusive
use of settling securities transactions against payment in central bank money.
“Central Bank Money Settlement instruction” means an instruction for the settlement of a securities
transaction against payment in central bank money between two Central Bank Money Accounts.
“Certification Event” means certain events which require a certification in connection with the governing
documentation or laws and regulations applicable to certain issues of securities.
“Clearstream Feedback Transmission” means a transmission from Clearstream to Euroclear Bank indicating
which proposed deliveries in the previous Euroclear Delivery Transmission are accepted and which rejected.
2 Operating Procedures
April 12, 2010
Definitions
“Closing Date” or “issuance date” means, with respect to any distribution of Newly-Issued Securities, the
date set by the issuer, lead manager or agent as the date when a security or new tranche of securities is issued
on the market and as of which settlements in that security can become effective.
“Common Code” means a nine-digit number allocated jointly by Euroclear Bank and Clearstream to identify
each issue of securities accepted for deposit either in the Euroclear System or Clearstream or by both.
“Common Depositary” means an entity appointed by Euroclear Bank and Clearstream to provide safekeeping
and asset servicing for certain securities.
“Common Safekeeper” means an entity appointed by Euroclear Bank and Clearstream to provide safekeeping
for certain securities in NGN form.
“Common Service Provider” means an entity appointed by the Euroclear Bank and Clearstream to provide
asset servicing for certain securities in NGN form.
“Component Currency” means one of the currencies which is taken into account in determining the value of a
Composite Currency Unit. (TC)
“Composite Currency Unit” means a unit consisting of the aggregate of specified amounts of Component
Currencies, as set forth in the Operating Procedures. (TC)
“Corporate Action Alarm Bell Report” means a notice in the form described in Section 19.3.2.4 provided to
a Participant with respect to a particular Alarm Bell Corporate Event concerning a given issue of securities.
“Corporate Event” is an event affecting holders of an issue of securities which Euroclear Bank considers to be
a Corporate Event in accordance with Section 19.3.1. and, for purposes of the SWIFT ISO 15022 standard,
shall mean: “an event affecting holders of an issue of securities which Euroclear Bank considers to be a
corporate action event in accordance with Section 19.3.1”.
“Custody Cash Distribution” means any redemption amount, interest, dividend or other cash payment
distributed by an issuer, or any agent on behalf of an issuer, in respect of an issue of securities held in the
Euroclear System or in respect of which Euroclear Bank provides services.
“Custody Non-cash Distribution” means any bonus securities, rights or other entitlements in the form of
securities, distributed by an issuer, or any agent on behalf of an issuer, in respect of an issue of securities held
in the Euroclear System or in respect of which Euroclear Bank provides services.
“Custody Operation Conditions” means those conditions, the relevant ones of which (according to the type of
Custody Operation) must be met in order for a Custody Operation to be executed.
“Custody Operation” means an action taken by Euroclear Bank on behalf of a Participant in respect of, or
resulting from, a Corporate Event, which in any case, includes a market claim, and for purposes of the SWIFT
ISO 15022 standard, means “Corporate Action”.
“DACE” means Deadlines and Corporate Events and, for purposes of the SWIFT ISO 15022 standard, means
“Corporate Action Notification”.
“Daylight Indicator” means /SETD/ and, for purposes of the SWIFT ISO 15022 standard, means the Override
Indicator =/RTGS/. This indicator cannot be added to an already inputted instruction. The Participant should
cancel and replace the instruction with a new instruction including the Daylight Indicator.
Operating Procedures 3
April 12, 2010
Definitions
“Depositary” means any office of Euroclear Bank or of an Other Depositary at which securities are held in
custody pursuant to Section 4(b)(i) of the Terms and Conditions and, as the context requires, any custody agent
or other service provider, including a Common Service Provider, appointed by Euroclear Bank to service
securities.
“EMU Country” means a Participating Member State as defined in Article 1 of Council Regulation (EC) No.
1103/97 of 17 June 1997 on certain provisions relating to the introduction of the Euro.
“EMU Transitional Period” means the period conditional upon EUR becoming a currency in its own right.
“EPIM Documentation” means the EPIM Getting Started Pack and any other EPIM-related documents
published by Euroclear Bank.
“European Pre-Issuance Messaging System (EPIM)” means a central messaging system for facilitating the
allocation of ISIN and Common Codes and for the exchange of issuance information between issuers’ agents,
securities dealers, Euroclear Bank and Clearstream.
“Euclid” means EUCLID, Euroclear Information Distribution, a data transport network and processing system
that Participants may use, subject to prior agreement with Euroclear Bank, (i) to input certain instructions and
requests and (ii) to access information and receive reports. It uses the GEIS (General Electric Information
Services) Mark III time-sharing network for data transport and the Euclid gateway computer for processing.
Instructions are validated by Euroclear Bank and reports prepared on the Euclid gateway computer awaiting
retrieval by Participants.
“Euclid Password” is a temporary code, initially allocated by either (i) Euroclear Bank to an Euclid
Administrator, or (ii) by an Euclid Administrator to an Euclid Operator. Immediately upon allocation, control
of the password passes in (i) to the Administrator and in (ii) initially to the Euclid Operator, but under ultimate
control of the Administrator. The password can then be changed as and when required. A Euclid User can
access the Euclid gateway computer only by using the correct combination of Network User Number, Network
Password, Euclid User Number and Euclid Password.
“Euclid PC” means a personal computer software application providing access to Euclid.
“Euclid PC Password” is a temporary code allocated by Euclid PC Administrator to a Euclid PC User but
under the ultimate control of the Euclid PC Administrator that, in correct combination with the Euclid PC User
Number and Euclid PC Personal Identification Number, allows access to Euclid PC. After initial allocation
this password can be changed as and when required.
“Euclid PC Personal Identification Number” is a permanent code chosen by a Euclid PC User that in correct
combination with Euclid PC User Number and Euclid PC Password allows access to Euclid PC.
“Euclid PC User” means a person identified by the correct combination of Euclid PC User Number, Euclid PC
Password and Personal Identification Number.
“Euclid PC User Number” is a permanent code allocated by Euclid PC Administrator to a Euclid PC User but
under the ultimate control of the Euclid PC Administrator that, in correct combination with the Euclid PC
Password and Personal Identification Number allows access to Euclid PC.
“Euclid Server Host Number” is a permanent code allocated by a Euclid Server Administrator to a computer
system of the Participant but under the ultimate control of the Euclid Server Administrator that, in correct
combination with the Euclid Server Password allows access to Euclid Server.
“Euclid Server Host User” means a computer system of the Participant identified by the correct combination
of Euclid Server Host Number and Euclid Server Password.
4 Operating Procedures
April 12, 2010
Definitions
“Euclid Server Password” is a temporary code allocated by a Euclid Server Administrator to a Euclid Server
User under the ultimate control of the Euclid Server Administrator that, in correct combination with the Euclid
Server User Number and Euclid Server Personal Identification Number, allows access to Euclid Server. After
initial allocation this password can be changed as and when required.
“Euclid Server Personal Identification Number” is a permanent code chosen by a Euclid Server User that in
correct combination with the Euclid Server User Number and Euclid Server Password allows access to Euclid
Server.
“Euclid Server User” means a person identified by the correct combination of Euclid Server User Number, Euclid
Server Password and Euclid Server Personal Identification Number.
“Euclid Server User Number” is a permanent code allocated by a Euclid Server Administrator to a Euclid Server
User but under the ultimate control of the Euclid Server Administrator that, in correct combination with the
Euclid Server Password and Euclid Server Personal Identification Number, allows access to Euclid Server.
“Euclid User” means a person, or applications running on a computer, identified by the correct combination of
Network User Number, Network Password, Euclid User Number and Euclid Password.
“Euclid User Number” is a permanent code, allocated by Euroclear Bank, identifying the Euclid User to the
Euclid communications gateway computer at the Euroclear Operations Centre.
“Euroclear Documentation” means all documentation published by Euroclear Bank and available on the
Euroclear Bank website.
“Euroclear Delivery Transmission” means a transmission from Euroclear Bank to Clearstream of proposed
Bridge deliveries.
“Euroclear Feedback Transmission” means a transmission from Euroclear Bank to Clearstream indicating
which proposed deliveries in the previous Clearstream Delivery Transmission are accepted and which rejected.
“Euroclear System” means the clearance and settlement system for internationally traded securities operated
under contract by Euroclear Bank, including all services offered by Euroclear Bank in respect of securities held or
recorded in any Account as set forth in these Terms and Conditions or in the Operating Procedures. (TC)
“Ex-distribution Date” is the first day of owing (underlying) securities upon which there is a Non-cash
Distribution without the right to such Non-cash Distribution.
“Execution” of an instruction or an operation means the successful implementation within the Euroclear System
of the instruction or operation. For internal instructions or operations, execution coincides with settlement.
“Execution Conditions” means the conditions that must be met in order for a money transfer instruction to be
executed, as set out in Section 21.
“Execution Date” means the Business Day when an instruction is submitted for execution, with reference to the
date set out by the Participant in its instruction, or a number of days before such date, depending on the type of
instruction or operation. For Custody Operations Instructions, the Execution Date is the date specified by the
Participant, or in the absence of the Participant’s indication, the date that Euroclear Bank attributes to the
instruction or operation depending on the type of Custody Operation.
“Feedback Transmission” means a communication from a receiving settlement system to a delivering settlement
system notifying the delivering settlement system of the status of each proposed delivery instructions, and the time
of the acceptance, rejection or refusal thereof, in the delivering settlement system’s corresponding Delivery
Transmission.
“First Overnight Securities Settlement Processing” means the first Overnight Securities Settlement Processing
that forms part of the Overnight Securities Settlement Process dated a particular Business Day.
Operating Procedures 5
April 12, 2010
Definitions
“Free of Payment Delivery Without Matching instruction” means an internal or Bridge delivery instruction
which does not require matching (previously known as Own Account Transfers).
“French Primary Dealership Services” has the meaning set forth in Section 28.1.
“Fund” means, for the purposes of Section 27, an investment company which has issued shares or a
management company, trustee or similar entity representing or acting in respect of a pool of assets represented
by units. For the avoidance of doubt, a Fund is referred as an issuer of securities in all other sections of these
Operating Procedures.
“FundSettle Browser” means a computer software application providing browser access to FundSettle.
“FundSettle Instruction” means an instruction from a Participant to Euroclear Bank in respect of FundSettle
International services. For the avoidance of doubt, FundSettle Instructions include, but are not limited to, all
orders and instructions as set out in the FundSettle User Guide such as subscription and redemption orders,
and instructions related to Corporate Events affecting Fund Shares.
“FundSettle International Order Routing service” has the meaning set forth in Section 27.1.
“FundSettle International services” has the meaning set forth in Section 27.1.
“FundSettle Margin” means the relevant amount to be reserved between the trade date and the cash
settlement date as determined by Euroclear Bank and communicated to Participants from time to time.
“FundSettle nominee” means a Euroclear nominee that is used to register Fund Shares that are held in the
Euroclear System.
“Fund Shares” are securities representing the rights of investors in a fund company or in a pool of assets
managed by a fund management company. For the avoidance of doubt, “Fund Shares” include both shares and
units issued by a fund company.
“Home Market” means the market where the issuer of a security has deposited such security for settlement
that market’s Other Clearing System.
“Home Market Security” means a Multi-listed Security eligible for settlement in the Home Market Other
Clearing System.
“Input Deadline” means the time on a Business Day by which instructions must be received by Euroclear
Bank. Input Deadlines are as follows:
(i) if instructions are sent by telex, mail or SWIFT free format, as set out in the Euroclear Documentation;
(ii) if instructions are sent by EUCLID or SWIFT straight-through:
- for Lending and Borrowing instructions and for external settlement instructions other than for domestic
market securities, 20:30 on S-1 or 0:30 on S in order to be included in an Overnight Securities
Settlement Processing;
- for Bridge settlement instructions, 20:30 to be included in the Overnight Securities Settlement
Processing, 12:30 for mandatory inclusion in the Real-time Processing and 14:40 for inclusion in the
Optional Bridge Settlement Processing with Daylight Indicator;
- for internal settlement instructions, 22:00 on S-1 or 0:30 on S in order to be included in an Overnight
Securities Settlement Processing, 14:00 for mandatory inclusion in the Real-time Processing without
Daylight Indicator and 18:30 in order to be included in the Real-time Processing with Daylight
Indicator;
(iii) for external settlement instructions, as set out in the relevant Euroclear Documentation for the relevant
market;
(iv) for Custody Operation instructions, as set out in the relevant DACE notice;
(v) for money transfer instructions, as set out in the Euroclear Documentation for cash transfers;
(vi) for FundSettle Instructions, as set out in the FundSettle User Guide;
6 Operating Procedures
August 16, 2010
Definitions
(vii) for Central Bank Money instructions, as set out in the relevant Euroclear Documentation for the central
bank money settlement service; and
(viii) for CCP eligible LSE/IOB Instructions, as set out in the relevant Euroclear Documentation for central
counterparty services for CCP eligible LSE/IOB transactions.
“Instructions” means all instructions as set out in the Euroclear Documentation and all FundSettle
Instructions as set out in the FundSettle User Guide, including cancellation instructions.
“IOA” means with respect to each debt security issued in NGN form the total remaining indebtedness (other
than interest) of the issuer as determined from time to time by the records of Euroclear Bank and Clearstream;
where relevant, the IOA is the result of the product between the nominal amount and the pool factor of the
security.
“Lendable Position” means the quantity of securities of an issue available for lending determined as set forth
in the Operating Procedures. (STC)
“Lender” means a Participant which is approved by Euroclear Bank as a Lender and which has acknowledged
receipt of and agreement to these Supplementary Terms and Conditions. (STC)
“Loan” means any loan of securities by a Lender pursuant to and subject to the Supplementary Terms and
Conditions (including any Non-cash Distribution distributed by any issuer on loaned securities); different types
of Loans may be defined, subject to different terms and conditions, in the Operating Procedures. (STC)
“Market Value” of securities on a given Business Day means the market value of such securities determined
by Euroclear Bank in accordance with the Operating Procedures. Any such determination by Euroclear Bank
shall be conclusive and binding on each Lender and Borrower. (STC)
“Minimum Cash Threshold” means, for an against payment Bridge instruction, a cash countervalue indicated
in the instruction of at least EUR 1 million and, for a free of payment Bridge instruction, a cash countervalue
instruction of at least EUR 1 million, equivalent to the market value, including accrued interest, of the security
indicated in the instruction.
“Multi-listed Securities” means securities listed on, or traded in, more than one stock exchange and therefore
eligible for settlement in more than one Other Clearing System.
“National Currency Unit” shall have the meaning assigned to it in Article 1 of Council Regulation (EC) No.
1103/97 of 17 June 1997 on certain provisions relating to the introduction of the euro.
“Network Password” means a temporary code, initially allocated to a Euclid User by either (i) Euroclear Bank
to a Euclid Administrator, or (ii) by a Euclid Administrator to a Euclid Operator. Immediately upon
allocation, control of the password passes in (i) to the Administrator or in (ii) to the Operator but under
ultimate control of the Administrator. The password can then be changed as and when required. A Euclid
User can access the data transport network only by using the correct combination of Network User Number and
Network Password.
“Network User Number” is a permanent code, allocated by Euroclear Bank, identifying a Euclid User to the
data communication network.
“New Global Note” or “NGN” means a Security issued in the form of a global certificate which refers to the
records of Euroclear Bank and/or Clearstream to determine the IOA.
“Newly-Issued Securities” means securities, including a new tranche of an existing issuance, during the
period from the Closing Date up to the second Business Day after the Closing Date.
“Non-cash Distribution” means any bonus securities, rights or other entitlements accepted for deposit in the
Euroclear System, distributed by an issuer, or any agent on behalf of an issuer, on any issue of securities as to
which there are Borrowed Securities. (STC)
Operating Procedures 7
April 12, 2010
Definitions
“Non-Deposit Account” means a memorandum account maintained by Euroclear Bank in the name of a
Participant for the purpose of recording information and providing services in respect of entitlements that are
not held in the Euroclear System and that are registered or recorded in the name of such Participant or its
designee or otherwise held directly by a Participant or its designee. (TC)
“Operating Procedures” means the Operating Procedures established by Euroclear Bank in accordance with
Section 3 of the Terms and Conditions (and any document referred to therein as being supplemental thereto),
as the same may be amended from time to time. (TC)/(STC)
“Opportunity Borrower” means any Borrower making a Borrowing of securities pursuant to Section 8 of the
Supplementary Terms and Conditions. (STC)
“Opportunity Lender” means any Lender which is not an Automatic Lender. (STC)
“Optional Bridge Settlement Processing” means the Processing on each Business Day as agreed by Euroclear
and Clearstream for Bridge settlements of securities transactions where the Euroclear Participant has included
the Daylight Indicator in its instructions and the Clearstream participant has included an equivalent flag in its
instructions to Clearstream.
“Other Clearance System” means any entity operating a system for the holding of securities or the clearance
or the settlement of securities transactions. (TC)
“Overnight Securities Settlement Process” means the combination of the First Overnight Securities
Settlement Processing and the Second Overnight Securities Settlement Processing. The Overnight Securities
Settlement Process may be referred to as the “batch process” in Euroclear documentation other than these
Operating Procedures.
“Overnight Securities Settlement Processing” means a Processing for securities transactions or operations
with related cash movements and confirmations from Depositaries and Other Clearance Systems, where the
execution of transactions or operations is simulated but such transactions or operations are executed only when
Euroclear Bank decides to complete such Processing.
“Participant” means any company, central bank, government, partnership, individual or legal entity, which
has entered into an agreement to participate in the Euroclear System as a Participant under the Terms and
Conditions and which has furnished other documentation in a form required by Euroclear Bank, including
those in connection with the operation of its Securities Clearance Account and Cash Account. The term
“Participant” shall also include those using the Euroclear System on a temporary basis in accordance with the
Operating Procedures (“Temporary Participants”), but only for that period during which (and the
circumstances under which) they are permitted by such Operating Procedures to use the Euroclear System.
(TC)
“Positioning Conditions” means those conditions which must be met in order for an instruction or operation to
be positioned, in accordance with the relevant services sections.
“Proactive Tax Reclaim Service” means the assistance offered by Euroclear Bank to Participants in obtaining
a refund of excess withholding tax as described in Section 20.3.3.
“Processing” means the process in the Euroclear System through which securities or cash transaction
instructions or operations (when no instruction is necessary) are processed to ascertain whether they meet the
relevant Settlement Conditions, Custody Operation Conditions or Execution Conditions, as applicable, and as a
result of which such transactions or operations may be executed.
8 Operating Procedures
June 19, 2006
Definitions
“Quick Refund” means a tax relief process which is typically handled by the withholding agent before the
withholding tax with respect to a particular Custody Cash Distribution has been paid to the tax authorities;
such process generally results in the excess withholding tax being refunded within a shorter period of time as
compared to refunds received via a Standard Refund process.
“Real-time Processing” means a Processing for securities transactions or operations with related cash
movements, cash transactions or operations and confirmations from Depositaries, Other Clearance Systems
and Cash Correspondents, where the execution of transactions or operations takes place as soon as the
applicable Settlement Conditions or Execution Conditions, as applicable, have been met. The Real-time
Processing may be referred to as the “real-time process” in Euroclear documentation other than these
Operating Procedures.
“Record-keeping Account” means an account to record Borrowings and Loans opened by Euroclear Bank on
its books in the name of each Borrower and each Lender. A Record-keeping Account may be divided into
different subaccounts to record different types of Borrowings or Loans, or Borrowings or Loans with different
terms, fees, priority allocations, or other features. Each such subaccount may be named “a Record-keeping
Account” but will be considered for all purposes, except as otherwise set forth in the Operating Procedures, as
being part of one single and indivisible Record-keeping Account as defined herein. When referred to herein,
the Record-keeping Account of a Lender means the Record-keeping Account associated with the Securities
Clearance Account to which loaned securities were debited, and the Record-keeping Account of a Borrower
means the Record-keeping Account associated with the Securities Clearance Account to which Borrowed
Securities were credited. (STC)
“Record Date” is the Business Day upon which the relevant amount of securities credited to Participant’s
Securities Clearance Account, is taken into account in the Euroclear System in order to determine entitlements
to the product of Custody Distributions.
“Redenomination Date” means the first Business Day in the Euroclear System where securities that were
previously denominated in a National Currency Unit are denominated in EUR.
“Relief at Source” means a tax relief process by which there is a reduction of or exemption from withholding
tax applied at the time when a Custody Cash Distribution is paid.
“Repayment Date” has the meaning set forth in Section 13 of the Supplementary Terms and Conditions.
(STC)
“Requested Recall” means the quantity of loaned securities which in accordance with the Operating
Procedures is required to be returned to a Lender. (STC)
“Required Document” means any document, including any certification, required for the execution of a
Custody Operation.
“Remote Market” means a market other than the Home Market where Multi-listed Securities are settled in an
Other Clearing System.
“Remote Market Security” means a Multi-listed Security eligible for settlement in a Remote Market Other
Clearing System.
“SE Transaction” means a transaction for which the settlement instruction is received through LCH.Clearnet.
“Securities Lending and Borrowing Process” means a process during which Participants’ instructions for
lending and borrowing are considered and in which the Lendable Position of each Lender and the borrowing
needs of each Borrower are calculated and, where relevant, related instructions are generated by Euroclear
Bank.
“Securities Lending and Borrowing Program” means the program for securities lending and borrowing
established under these Supplementary Terms and Conditions. (STC)
Operating Procedures 9
October 13, 2008
Definitions
“Securities Redenomination Processing” means the Processing which takes place on the Business Day
immediately preceding the Redenomination Date and through which securities denominated in a National Currency
Unit are redenominated into EUR. All movements in a Securities Redenomination Processing are simulations and
redenomination is only executed when Euroclear Bank decides to complete such Securities Redenomination
Processing.
“Securities held in the Euroclear System” means securities credited to a Securities Clearance Account or
otherwise held in the Euroclear System pursuant to Section 4(d) hereof.
“Security Code” means either (i) Common Code or (ii) ISIN used to identify an issue of securities in instructions
to, or reports from, Euroclear Bank other than in respect of reporting only instructions.
“Settlement” of a transaction means the successful implementation of an instruction or operation. Settlement may
occur either in the Euroclear System or in the local market.
“Settlement Conditions”' means the conditions that must be met in order for a settlement instruction to be
executed, as set out in Sections 13, 14 and 15.
“Specialised Depositary” has the meaning set forth in Section 4(c) of the Terms and Conditions. (TC)
“Standard Refund” means a tax relief process which involves a filing by a Participant with the tax authorities in a
particular jurisdiction in order to obtain a refund for excess withholding tax paid (or tax withheld) due to a Custody
Cash Distribution received in respect of securities credited to such Participant's Securities Clearance Account.
“Second Overnight Securities Settlement Processing” means the second Overnight Securities Settlement
Processing that forms part of the Overnight Securities Settlement Process dated a particular Business Day.
“Securities Clearance Account” means a securities clearance account opened in connection with the Euroclear
System by Euroclear Bank on its books in the name of a Participant or in the name of an Other Clearance System
referred to in Section 11(b) of the Terms and Conditions. (TC)
“Securities Loss” has the meaning set forth in Section 17(a) of the Terms and Conditions. (TC)
“Supplementary Terms and Conditions” means these Supplementary Terms and Conditions Governing the
Lending and Borrowing of Securities through Euroclear, as the same may be amended or supplemented from time
to time. (STC)
“SWIFT Specification” means the technical specifications for securities clearance and settlement and custody
SWIFT ISO 150222 compliant messages published by Euroclear Bank in the relevant Euroclear Documentation.
“Tax Certification Event” means a Corporate Event relating to a Quick Refund, Relief at Source or Standard
Refund for which Euroclear Bank requests information, documentation or certification from the affected
Participants.
“Terms and Conditions” means the Terms and Conditions Governing Use of Euroclear, as the same may be
amended or supplemented pursuant to Section 19 of the Terms and Conditions. (TC)
“Transit Account” means a transit account opened in connection with the Euroclear System by Euroclear Bank on
its books in the name of a Participant or in the name of an Other Clearance System as described in Section 3.6.2.3.
“Underlying Security” means the security which gives the holder any conversion or similar rights.
“Value Date” means the date used in calculating interest or fees as described in Section 2.5.
10 Operating Procedures
April 16, 2007
Definitions
Operating Procedures 11
June 19, 2006
Definitions
“Verification Communication”………………………………………………………………..
……………..14.1.2
To the extent that any of the definitions in A or B above (other than Business Day or Record Date) are used in
these Operating Procedures, they shall be considered used as defined above even if not capitalised in the text
whenever the context so requires. In these definitions, where appropriate and unless the context implies
otherwise, references to the singular shall include the plural.
12 Operating Procedures
January 15, 2007
Definitions
Abbreviations
The following abbreviations are used in the Operating Procedures.
“ACE” means the trade confirmation and matching system developed jointly by Euroclear Bank and
Clearstream, with the cooperation of the A.I.B.D., now ISMA. ACE is an acronym for A.I.B.D., Clearstream
and Euroclear.
“BOT” means Buoni Ordinari del Tesoro (Italian Treasury Bills with a maturity of three, six or twelve
months).
“BTE” means Buoni del Tesoro in European Currency Units (fixed rate Italian Treasury Bills denominated in
XEU with a maturity of approximately 370 days).
“BTP” means Buoni del Tesoro Poliennali (fixed rate bonds issued by the Italian Government with a maturity
of two to ten years).
“CCT” means Certificati di Credito del Tesoro (floating rate bonds issued by the Italian Government with a
maturity of five to ten years).
“CTO” means Certificati del Tesoro con Opzione (fixed rate bonds issued by the Italian Government with a
maturity of six years and an option to repay after three years ).
“ISIN” means International Security Identification Number, a code which identifies a specific issue of
securities, designed by ISO (Standard 6166) to be a single global standard identity for each issue. In ISINs
allocated by Euroclear Bank and Clearstream after September 1989, the prefix is “XS” and for any issue
accepted in either or both clearing systems the basic number repeats the Common Code.
Operating Procedures 13
June 21, 2004
Abbreviations
14 Operating Procedures
Part I - General rules
Table of contents
Operating Procedures
January 1, 2001
Part I - General Rules Section 1 - About the Operating Procedures
Table of contents
Operating Procedures
January 1, 2001
Part I - General Rules Section 1 - About the Operating Procedures
(b) The general rules in Part I of these Operating Procedures apply to all other Parts of these Operating
Procedures unless otherwise provided for therein.
(c) In addition, each Part of these Operating Procedures must be read in conjunction with the Domestic
Markets Part, which specifies the exceptions and additional rules which apply with respect to each domestic
market.
(b) In the event of any conflict between any Euroclear Documentation and any section of these Operating
Procedures, the latter shall prevail.
(a) effective immediately, in the case of an amendment not adversely affecting Participants; and
(b) effective ten Business Days after dispatch thereof, in the case of any other amendment.
Operating Procedures 1
January 15, 2007
Part I - General Rules Section 1 - About the Operating Procedures
1.7 Time
All references to time in these Operating Procedures refer to the 24-hour clock (Brussels time) unless otherwise
stated.
2 Operating Procedures
January 1, 2001
Part I - General Rules Section 2 - The Euroclear System
Table of contents
Operating Procedures
January 1, 2001
Part I - General Rules Section 2 - The Euroclear System
(b) In accordance with the contract under which Euroclear Bank operates the Euroclear System, Euroclear Bank
provides Euroclear services to Participants in its own name. The Company does not participate in the provision
of such services, and does not enter into any contractual relationship with Participants in connection herewith.
(c) In accordance with the policy approved by the Euroclear Bank Board, Euroclear Bank takes the necessary
steps to assess and manage risks arising from Outsourcing. Euroclear Bank will ensure that Outsourced
activities will have security measures to maintain the confidentiality and integrity of Euroclear Bank
information or data (including project, client, financial and banking data). For purposes of these Operating
Procedures, “Outsourcing” means Euroclear Bank’s use of a third party (either an affiliated entity or an external
entity) to perform “Material Activities” on a continuing basis that would normally be undertaken by Euroclear
Bank itself. “Material Activities” are activities of such importance that failure or error in the provision of these
activities would be likely to have a major effect on a Euroclear Bank’s ability to meet regulatory responsibilities
and/or to continue in business (either because of a financial or reputational impact).
2.2.1 General
(a) Euroclear Bank also provides certain services to Participants in its banking capacity. Such services are
governed by separate agreements and nothing contained in these Operating Procedures shall be construed as
amending such agreements or as giving any rights to Participants against Euroclear Bank in connection with
such services provided by Euroclear Bank in its banking capacity.
(b) In furnishing banking services to Participants in the Euroclear System, Euroclear Bank acts solely in its
capacity as a bank and not in its capacity as operator of the Euroclear System.
(b) Debit and credit interest are calculated separately by Euroclear Bank on the value dated balances and are
netted to produce a single interest amount for the period determined in accordance with the foregoing paragraph,
generally for the month, for each Settlement Currency subdivision of a Cash Account.
(c) Debit and credit interest are calculated monthly on a 360 or 365-day basis, following the market practice for
each Settlement Currency. Balances or interest amounts calculated in different Settlement Currency
subdivisions of a Cash Account are not netted.
(d) Any debit interest payable to Euroclear Bank or any credit interest payable by Euroclear Bank, if calculated
on a monthly basis for a particular month, is debited or credited on the fourth Business Day of the following
month, value dated the first calendar day of such following month.
Operating Procedures 1
April 17, 2006
Part I - General Rules Section 2 - The Euroclear System
(b) All other exchanges from one Settlement Currency to another, including transfers pursuant to Section
22.1.8.1 hereof, are, except as required by applicable exchange controls, effected on the basis of rates applicable
to all Participants. The rates are obtained each Business Day and are derived from the quoted bid and offer rates
taken by Euroclear Bank in its sole discretion from publicly available information sources generally considered
reliable.
(c) Euroclear Bank advises Participants by means of the “Daily cash movements report” described in the
Euroclear Documentation of the rates of exchange used in all exchanges from one Settlement Currency to
another which result in a debit or a credit to any subdivision of their Cash Accounts.
(i) from the day when the payment would have been carried out until the day when it is actually carried out,
subject to Section 16(g) of the Terms and Conditions;
(ii) on the basis of a year of 360 days;
(iii) at the debit rate applied to Participants' Cash Accounts for the relevant period; and
(iv) on the instructed amount of the payment.
(b) In all instances when the payment concerned was to another Cash Account, compensation will be made in
the form of a value date adjustment in the relevant Cash Accounts.
(b) Each Participant waives the application of any law which purports to set value dates other than as specified
above.
2 Operating Procedures
November 16, 2009
Part I - General Rules Section 3 - Participants and their accounts in the Euroclear System
Table of contents
Operating Procedures
April 16, 2007
Part I - General Rules Section 3 - Participants and their accounts in the Euroclear System
(i) Financial resources: an applicant must demonstrate its ability to maintain adequate financial strength to support
the use of Euroclear Bank's services;
(ii) Technical and operational capability: an applicant must demonstrate it has both the staff and the technological
infrastructure to meet Euroclear Bank's operational requirements for the applicant's intended use;
(iii) Need for Euroclear Bank's services: an applicant must show that it expects to derive material benefit from direct
access to Euroclear Bank and to generate a sufficient volume of depot or transactions to justify admission;
(iv) Reputation in the market: an applicant must have a good name in the market. The regulatory status is taken into
account when evaluating an applicant's reputation; and
(v) Anti-money laundering programme: an applicant must have an anti-money laundering programme in place
designed to comply with local law on the prevention and detection of money laundering, and to provide sufficient
identification, control and reporting procedures.
Each Participant acknowledges that it is its obligation, as a condition of participation in the Euroclear System, to meet the
above admission criteria on an ongoing basis.
(b) Euroclear Bank shall determine in its sole discretion whether an applicant for participation in the Euroclear System
fulfills the above-mentioned admission criteria. Euroclear Bank will generally make this determination in light of the
following considerations, provided however that in all cases Euroclear Bank retains the right in its sole discretion to take
into account additional or fewer considerations in making its determination:
(i) Financial resources: The applicant must demonstrate the possession of adequate financial resources, as well as the
ability to maintain adequate financial resources on an ongoing basis, having regard to the type of business the
applicant is engaged in. The information available through public ratings agencies will be taken into consideration in
determining whether the applicant has a sound financial condition. If no rating is available, Euroclear Bank will
determine its own rating based on the combination of the shareholder's equity, assets size, and net income of the
applicant.
(ii) Technical and operational capability: The applicant must demonstrate that it has adequate personnel capable of
administering its use of the Euroclear System efficiently and adequate physical facilities, technological infrastructure,
communications systems, books, records and procedures to meet the operational requirements of the system and deal
with other Participants with promptness and accuracy. The applicant must also demonstrate an ability to maintain
this capability on an ongoing basis and to comply with any condition or requirement, which Euroclear Bank
reasonably deems necessary for the protection of the Euroclear System. The applicant should demonstrate that it has
the technological infrastructure to use SWIFT or to install and use EUCLID, proper back-up facilities, and qualified
and sufficient personnel to manage the technological infrastructure and the communications system. In addition, the
applicant should demonstrate that it has a separate back-office and expertise in settlement and custody of international
securities.
(iii) Need for Euroclear Bank services: The applicant must demonstrate that its business activities and capabilities are
such that it could expect material benefit from admission. The applicant must also demonstrate that upon admission
it could generate a sufficient volume of depot or transactions to justify its admission, taking due account of the
ongoing costs associated with maintenance of accounts and participation. The applicant must therefore demonstrate
that it expects to maintain in the Euroclear System a minimum average depot of EUR 150 million, a minimum of
1,000 transactions per month, or a combination there of.
(iv) Reputation in the market: The applicant must demonstrate that it has a good name in the market. In making this
determination Euroclear Bank shall consider the applicant’s regulatory status, if any, reputation of management and
any other factors deemed relevant by Euroclear Bank. The applicant must be regulated or be part of a listed company
on a major stock exchange. The applicant should also be located in a country with an appropriate regulatory
environment.
(v) Anti-money laundering programme: While it is the sole responsibility of each Euroclear applicant and Participant
to comply with any anti-money laundering requirements applicable to it as referred to in Section 10.3.1 (d), the
applicant must demonstrate that it has an adequate anti money laundering programme, taking into consideration the
client location and other relevant factors. In making this determination, Euroclear Bank shall consider the applicant's
compliance with any requirement that Euroclear Bank in its sole judgement deems necessary for the protection of its
reputation.
Operating Procedures 1
January 15, 2007
Part I - General Rules Section 3 - Participants and their accounts in the Euroclear System
Euroclear Bank does not accept any liability to the applicant or any other party for failure to seek or consider
any particular information in making its determinations regarding an applicant’s compliance with the above
criterion, including its determination regarding the adequacy of an applicant’s anti-money laundering
programme.
(c) The applicant must meet the admission criteria in order to allow Euroclear Bank and the Euroclear System to
comply with all applicable regulatory requirements and those regulatory and other requirements that it would be
in the best interest of Euroclear Bank to ensure compliance with. Application for participation in the Euroclear
System cannot expose Euroclear Bank to additional reporting, disclosure or other regulatory requirement.
(d) In applying the preceding criteria and requirements, Euroclear Bank shall have due regard to the protection
of the integrity of the Euroclear System and the maintenance of its character as a wholesale international
settlement system with a broad variety of Participants. Euroclear Bank may therefore deviate from the above-
mentioned criteria and requirements, upon decision of the Euroclear Bank Management Committee.
(e) Euroclear Bank accepts no liability in relation to the definition or the use of the above requirements and
admission criteria for determining whether an applicant Participant may be admitted to participate in the
Euroclear System.
(f) The Management Committee of Euroclear Bank shall notify each applicant of the acceptance or rejection of
its application in writing.
(g) If an application is rejected, the Management Committee of Euroclear Bank shall include in such written
notification the reasons for its rejection and an explanation of the procedures to be filed in case the applicant
wishes to appeal such rejection. Such procedures shall require the applicant to comply with the following steps:
(i) The applicant may appeal the rejection of its application to the Board of Euroclear Bank, by submitting a
written request for appeal to the Chairman of the Board within 30 days of receipt by the applicant of the
Management Committee’s written notification of the rejection of its application.
(ii) Each request for appeal shall set forth the grounds for its appeal, which shall specify the ways in which
the applicant believes that it fulfils the requirements of participation in the Euroclear System.
(iii) The Management Committee shall provide to the Euroclear Bank Board information relevant to its
consideration of such applicant, which shall be circulated prior to the meeting of the Board at which the
relevant appeal will be considered.
(iv) The Board of Euroclear Bank will decide on the appeal within 60 days of receipt of the Request for
Appeal and notify promptly the applicant of its decision. The Euroclear Bank Board may determine approval
or denial of appeal in its sole discretion, taking into account the admission criteria and such other
information as the Board in its sole discretion may consider appropriate. The Board’s decision to approve or
deny an appeal shall be final.
(h) The applicant Participant warrants and represents, and has the responsibility to ensure, that it has the
authority under its corporate charter or constituent documents and under applicable law to enter into such an
agreement to participate in the Euroclear System. Euroclear Bank is entitled to rely on such representation and
warranty without any inquiry or investigation in respect to such power and authority.
(i) If a Participant has been admitted to participate in the Euroclear System for certain limited purposes or
services only, Euroclear Bank has the right, in its sole discretion, and to the extent it considers it appropriate, to:
(i) refuse to process, and cancel at any stage, instructions that are inconsistent with such limitations; and
(ii) take any other action that the implementation of such limitation requires.
(j) Participation in the Euroclear System is not limited to the institutions as defined in Article 2(b), indents 1 to
4, of the EU Directive 98/26/EC of May 19, 1998 on Settlement Finality in Payment and Securities Settlement
Systems. In particular, non-financial institutions may also be admitted as participant provided they met the
admission criteria laid down in Article 3.1 (a) above.
2 Operating Procedures
September 20, 2004
Part I - General Rules Section 3 - Participants and their accounts in the Euroclear System
(b) In the absence of a written request to the contrary from the Participant, its name and Securities Clearance
Account number will appear in certain Euroclear Documentation.
(i) under any law or regulation applicable to it, a Depositary or Other Clearance System or a Cash
Correspondent;
(ii) under the provisions of the corporate charter or other constituent documents of the issuer of such
securities, or under the terms of the governing documentation of the issue;
(iii) pursuant to mandatory provisions of any law or regulation upon which the holding of such securities is
conditional (or upon which any payment of income, principal or any other distribution thereon, or any tax
concession or reduction obtained or to be obtained through the Euroclear System, with respect thereto, is
conditional), or pursuant to any agreement, certification or declaration by the Participant with respect thereto;
(iv) pursuant to an order or instruction of any court or other governmental agency or body of competent
jurisdiction;
(v) for investment funds (including international, offshore or domestic funds), upon request from the fund
management company or its duly authorised agent (or the fund itself);
(vi) for securities identified with a “3c7” marker, upon request from the issuer;
or where otherwise required or permitted under applicable bank secrecy principles of Belgian law.
Operating Procedures 3
June 16, 2008
Part I - General Rules Section 3 - Participants and their accounts in the Euroclear System
(b) In the absence of a written request to the contrary from the Participant, each Participant authorises Euroclear Bank
to disclose to third parties, as Euroclear Bank considers appropriate in the context of its role as Euroclear Operator,
the name of the Participant and the fact that it is a Participant in the Euroclear System. In addition, each Participant
hereby authorises Euroclear Bank to disclose settlement information to stock exchanges, other trading platforms or
clearing houses with whom Euroclear Bank or such Participant has contractual arrangements in place regarding the
settlement of trades executed or cleared on or through such platforms. To facilitate smooth processing of settlement
transactions, each Participant further authorises Euroclear Bank to disclose its name, the fact that it is a Participant in
the Euroclear System and its Securities Clearance Account number to other Participants (or their authorized
representatives) and to Euroclear Depositaries.
(c) In addition, in the absence of a written request to the contrary, each Participant hereby authorises Euroclear Bank
to disclose information about the positions and activity in its Securities Clearance Account(s) and Cash Account(s) to
any third party who is subject to substantially the same confidentiality obligations as Euroclear Bank and with whom a
joint venture, acquisition, merger, or other consolidation in relation to the Euroclear System has been publicly
announced by Euroclear Bank or Euroclear plc.
(d) Each Participant authorises Euroclear Bank to disclose or give access to information about it and the positions and
activity in its Account(s) to any other entity of the Euroclear group of companies to the extent that it is necessary for
the purposes of analysis, the development, testing and operation of systems and the offering, arranging, managing and
provision of products and services of the Euroclear group of companies. Any such recipient of information is
additionally authorised to make disclosure of such information or give access to such information to relevant third
parties (for instance consultants and contractors) where such disclosure and access is required for the performance of
those activities listed above. Every recipient of such information shall be subject to obligations of confidentiality in
respect of that information.
(b) Euroclear Bank may store, reproduce, download or transmit confidential information (including but not limited to
confidential information received from Participants) through any website or internet server or any other means of
secured communication for use or retrieval by such Participant. Euroclear Bank will use the standard, where
applicable, of security, encryption and authentication procedures or software that it, in its sole discretion, deems
adequate to prevent disclosure to any unauthorised third party in the course of storing, reproducing, downloading or
transmitting such information.
(c) Euroclear Bank may transmit or accept confidential information by any means it deems appropriate (including but
not limited to E-mail or fax) (including but not limited to confidential information on or received from Participants)
to and from Participants, to and from Depositaries, to and from Cash Correspondents or to and from other third party
if this is required in relation to the services provided by Euroclear Bank (including but not limited to information
provided within the scope of Section 3.4 of these Operating Procedures), or if this is consistent with a market practice
or if there is no other means of transmitting or receiving such confidential information or in case of contingency.
(d) If any such confidential information is intercepted or is otherwise obtained by a third party, Euroclear Bank
accepts no liability for the use or the disclosure of such information by any third party or any consequences thereof.
4 Operating Procedures
April 16, 2007
Part I - General Rules Section 3 - Participants and their accounts in the Euroclear System
(b) If Euroclear Bank adds a designation in an account identifying the name of a person other than the
Participant (whether in accordance with Section 3.6.2.2, in memorandum accounts maintained for proxy voting
purposes, or for any other purpose), such designation does not create any contractual relationship between such
designated person and Euroclear Bank, or otherwise give the designated person any claim against Euroclear
Bank with respect to any securities or cash held in these accounts.
(i) a Securities Clearance Account to which securities accepted in the Euroclear System are credited; and
(ii) a related Cash Account with currency subdivisions in each Settlement Currency accepted in the Euroclear
System.
(b) Euroclear Bank informs the Participant, by means that it in its sole discretion determines to be appropriate, of
its Securities Clearance Account number and when its Securities Clearance Account and related Cash Account
are available for transactions.
(b) Without prejudice to Section 10.2, all such additional accounts referred to in (a) above, shall be in the same
name as the main account, except that, if a Participant so requests, Euroclear Bank will add a designation in
order to distinguish any additional accounts from the Participant's main account.
(c) A Participant may designate one of its Cash Accounts as an aggregate Cash Account in which any and all
cash debits and credits related to several or all of its Securities Clearance Accounts, as specified by a Participant,
will be made (the “Aggregate Cash Account”), subject however to any specific Cash Account having been
designated for fee postings.
(d) If a Participant has designated an Aggregate Cash Account for several or all of its Cash Accounts any
reference in the Terms and Conditions and Operating Procedures to a related Cash Account shall mean the
Aggregate Cash Account, where applicable.
Operating Procedures 5
April 16, 2007
Part I - General Rules Section 3 - Participants and their accounts in the Euroclear System
(b) Securities standing to the credit of a Transit Account are not available for the settlement of transactions or
Custody Operations.
(c) Euroclear Bank accepts no liability with respect to the credit of securities to such Transit Account.
(b) A Record-keeping Account may be divided into different subaccounts to record different types of
Borrowings or Loans, or Borrowings or Loans with different terms, fees, priority allocations, or other features.
Each such sub-account may be named a Record-keeping Account but will be considered for all purposes,
except as otherwise set forth in the Operating Procedures, as being part of one single and indivisible Record-
keeping Account as defined herein.
(i) for the purposes of noting that securities temporarily delivered out of the Euroclear System for voting
purposes in certain markets are expected to be redeposited in the Euroclear System (see Section 20.8);
(ii) for the purposes of recording information and providing services in respect of securities that are not
held in the Euroclear System (see also Section 27 “FundSettle International services”).
(c) Euroclear Bank may close memorandum accounts at any time it considers appropriate.
(d) Euroclear Bank will maintain records of the IOA for each New Global Note. Such records shall constitute a
memorandum account as defined in this Section 3.6.2.5 and shall be designated as the “Issuer Memorandum
Account”. Upon the request of an authorized person, Euroclear Bank will produce a statement showing the
sum of the total nominal amount of its Participant holdings for securities issued in NGN form as of the date
specified in such request.
6 Operating Procedures
August 16, 2010
Part I - General Rules Section 4 - Acceptance of securities in the Euroclear System
4. Acceptance of securities
in the Euroclear System
Table of contents
Operating Procedures
June 19, 2006
Part I - General Rules Section 4 - Acceptance of securities in the Euroclear System
(b) The securities which are accepted in the Euroclear System are listed in the Euroclear Bank securities database.
(c) Securities may be in bearer, registered, or dematerialised form, subject to variations in classifications in different
markets. Physical securities accepted for deposit in the Euroclear System may be in the form of individual certificates,
permanent, or temporary global certificates representing an entire issue. Euroclear Bank does not accept securities
represented by a semi-permanent global bearer certificate that is partially exchangeable into definitive certificates.
(d) Odd lots (i.e. quantities of securities other than the minimum number of securities usually traded in a local market)
that are not eligible for deposit in the relevant local clearing system are not accepted in the Euroclear System.
(e) Nominal amounts of securities expressed in decimals are not accepted for deposit in the Euroclear System, unless
otherwise set forth in these Operating Procedures. Fractional nominal amounts of funds securities may be accepted for
deposit in the Euroclear System under the conditions set out in Section 20.11.
(f) Euroclear Bank may decide in its sole discretion for which services the securities will be eligible.
(g) Participants’ attention is drawn to Section 19.1.1 in respect of securities in the event of the issuer’s bankruptcy,
insolvency or other default.
(h) Fractional amounts of securities for which the denomination currency is EUR and the minimum denomination is
expressed with up to two digits after the decimal point may be accepted for deposit in the Euroclear System.
(a) not to accept for deposit in the Euroclear System any security or issue of securities;
(c) to refuse any deposit into the Euroclear System of securities regardless of any holding of other securities of the
same issue, or to deliver any securities out of the Euroclear System to any Participant holding such securities in the
Euroclear System, if it determines that such delivery would be necessary:
(i) under any applicable law or regulation or any provision of the corporate charter or other constituent document
of the issuer of such securities or under the terms of the governing documentation of the issue, or
(ii) as a result of any applicable corporate, judicial or administrative decision or in consequence of a corporate,
judicial or administrative enquiry; or
(iii) in the best interests of Participants generally or of the Euroclear System.
Operating Procedures 1
January 15, 2007
Part I - General Rules Section 4 - Acceptance of securities in the Euroclear System
(b) Upon its request for acceptance of an issue of securities, the Participant shall provide Euroclear Bank with
any information that Euroclear Bank may request to determine whether such securities may be accepted for
deposit in the Euroclear System.
(c) Euroclear Bank may accept securities in accordance with Sections 4.1 and 4.2 above on the basis of
information provided directly by the issuer, lead manager, issuing agent, indirectly through Clearstream or by
any other source in connection with the allocation by it of a Common Code (or ISIN), but accepts no liability
for acting in reliance on such information or for any inaccuracy, incompleteness or untimeliness of any such
information.
(d) With respect to securities issued in NGN form, for acceptance Euroclear Bank will require a signed Issuer-
ICSDs Agreement and, if necessary an Effectuation Authorisation and/or a legal opinion. The required forms
for the Issuer-ICSDs Agreement and Effectuation Authorisation are available on the Euroclear website. With
respect to such Issuer-ICSDs Agreement, Euroclear Bank is authorised to accept such agreement by fax or
email transmission. Euroclear Bank shall be under no obligation to make any verification as to the identity of
the persons signing such Issuer-ICSDs Agreement or Effectuation Authorisation or the conformity of their
signatures with any list of authorised signatories. Euroclear Bank accepts no liability whatsoever for (i) any
error regarding the identity of the persons signing such Issuer-ICSDs Agreement or Effectuation Authorisation
or the conformity of their signatures with any list of authorised signatories; or (ii) any failure to detect any
forgery.
(b) Euroclear Bank reserves the right to use such means as it deems appropriate to identify each security and
does not accept any liability in respect of such method of identification.
(c) Euroclear Bank may assign more than one Common Code to securities which are issued under the same
governing documentation, but which may be treated dissimilarly, for example where:
(i) securities of the same issue may be in either registered or bearer form; or
(ii) securities of the same issue exist in different denominations; or
(iii) local market practice necessitates different treatment; or
(iv) in other circumstances that Euroclear Bank deems it appropriate.
(d) The securities held under each Common Code will be deemed to constitute a separate issue for the purpose
of Section 17 of the Terms and Conditions, provided that securities which correspond to more than one form or
option which have been assigned separate Common codes may be deemed to constitute a single issue for the
purposes of Section 17 of the Terms and Conditions.
(e) Where different Common Codes have been assigned, it is the responsibility of Participants sending
instructions with regard thereto to verify that they use the Common Code associated with the appropriate form
of the security.
(f) Euroclear Bank reserves the right not to accept any deposit of securities of any issue into the Euroclear
System and consequently, not to accept instructions from Participants, until after a Common Code has been
allocated by Euroclear Bank or Clearstream for such securities.
(g) The mere allocation of a Common Code by Euroclear Bank or Clearstream does not mean that the security
has been accepted in the Euroclear System.
2 Operating Procedures
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Part I - General Rules Section 4 - Acceptance of securities in the Euroclear System
(b) Each Participant warrants that all the information contained in each registration form it signs in connection
with EPIM is true, complete and accurate in all respects and authorises Euroclear Bank to communicate
information contained in the Participant’s registration forms or other documents in the EPIM Documentation
to the relevant supplier of services, as Euroclear Bank deems it appropriate. Each Participant agrees that it
will notify Euroclear Bank promptly upon becoming aware that any such information is not true (or ceases to
be true), complete or accurate in any respect.
Operating Procedures 3
July 19, 2010
Part I - General Rules Section 4 - Acceptance of securities in the Euroclear System
(c) Participants using EPIM are solely responsible for selecting the most appropriate EPIM connection channel
for their own operational requirements.
4.3.2.3.5 Security
(a) A Participant using EPIM services shall be solely responsible for the security of its connection to EPIM and
shall be solely responsible for any loss, damage or liability as a result of any failure to maintain the security of
its connection to EPIM.
(b) Each Participant will be assigned a user ID and a password. Each Participant may be required to change its
password at regular intervals. Failure to change a password before its expiry date may result in its revocation
without notification. Each Participant shall adopt adequate procedures to ensure the secrecy of all passwords
assigned to them.
(c) Each Participant acknowledges that a failure to comply with any relevant security requirements in respect
of its connection to EPIM (including those set out in these Operating Procedures and in the EPIM
Documentation) may result in a failure of the security provided by such documents and may expose the
Participant to statutory and contractual liability. The Participant agrees to indemnify and hold harmless
Euroclear Bank and its agents and employees against any loss, claim, liability or expense asserted against or
imposed on or incurred by Euroclear Bank:
4 Operating Procedures
January 15, 2007
Part I - General Rules Section 4 - Acceptance of securities in the Euroclear System
(i) as a result of the failure to comply with any such security requirements; or
(ii) caused by the unauthorised use of a Participant’s connection to EPIM to send EPIM messages or
otherwise; or
(iii) arising from any false or misleading information provided or misrepresentation of fact made by or on
behalf of the Participant or any failure by the Participant to disclose a material fact related to such security
requirements, if such failure was made negligently or with intent to deceive Euroclear Bank.
(d) Euroclear Bank may disconnect its connection to EPIM or may disconnect a Participant’s connection to
EPIM at any time at its sole discretion. Without limitation, such disconnection might arise in circumstances
where the relevant Participant is in breach of its contractual obligations to Euroclear Bank or for security
reasons. Euroclear shall notify the relevant Participant prior to or as soon as practicable after such
disconnection.
(e) A Participant may, after serving reasonable notice on Euroclear Bank, disconnect its connection to EPIM
(provided that at the time of disconnection there are no EPIM Messages pending or being processed in respect
of that Participant).
(b) The required form and content of EPIM messages are set out in the EPIM Documentation, or as Euroclear
may otherwise notify the Participant.
(c) Only those EPIM messages which conform to the format and which contain the required data prescribed in
the EPIM Documentation, or which Euroclear Bank deems suitable for acting upon, are considered valid and
accepted. Euroclear Bank accepts no liability for its refusal to act upon EPIM messages that do not conform to
such rules.
(d) EPIM messages will be subject to Euroclear Bank’s internal validation procedures. Accordingly, EPIM
messages to Euroclear Bank may require further information and validation by telephone.
(e) Euroclear Bank may deem certain incorrectly formatted EPIM messages to be suitable for processing
without requesting further instructions from the Participant if it has the information necessary to repair the
EPIM message available to it and reasonably believes the Participant intended to input the correct information
in its EPIM message. Euroclear will notify the Participant of any EPIM message it repairs as soon as
practicable. Euroclear Bank accepts no liability in respect of any repaired EPIM Message which it processes.
(f) Euroclear Bank may, in its sole discretion, refuse to act upon any EPIM message it receives and accepts no
liability for any direct or indirect consequences of such refusal.
(g) Euroclear Bank will notify the Participant of any EPIM message it rejects in the manner set out in the
EPIM Documentation. Euroclear Bank endeavours to inform Participants as soon as possible of the receipt of
invalid EPIM messages but accepts no liability for any delay in doing so.
(h) All EPIM messages sent by a Participant are irrevocable. However, a Participant may request the
cancellation of, or an amendment to, an ISIN or Common Code which has been allocated.
4.3.2.3.7 Fees
Participants using EPIM services shall be charged a fee per message sent or received via EPIM, as set out in
the Euroclear Documentation related to tariffs.
Operating Procedures 5
January 15, 2007
Part I - General Rules Section 4 - Acceptance of securities in the Euroclear System
(b) In the case of unavailability of EPIM services whereby Euroclear Bank or a Participant is not able to send
or receive EPIM messages due to any interruption in the EPIM services (other than at the times the EPIM
services are unavailable as set out in (a) above), the affected Participant may contact the New Issues Money
Market Desk: at Euroclear Bank by telephone to communicate information that would have been sent by an
EPIM message. The telephone contacts at Euroclear Bank in such cases are set out in the EPIM
Documentation, or as notified in such manner as Euroclear Bank may from time to time decide.
(c) Euroclear Bank shall, when requested, allocate codes by phone within normal business hours as soon as
reasonably practicable, in accordance with these Operating Procedures.
4.3.3 Fungibility
(a) At the time of acceptance of a subsequent tranche of new issues of securities for deposit into the Euroclear
System, Euroclear Bank will determine whether the securities are treated on a fungible basis with those
previously issued, on the basis of the governing documentation and/or the law governing the issue.
(b) Securities held in the Euroclear System are held fungibly by issue, except where some securities of a given
issue (such as securities drawn for redemption) are not in fact fungible with all other securities of such issue, in
which case such securities are held as a separate fungible mass. Subject to the provisions of Section 4.3.2, all
the securities of a particular issue are identified by the same Common Code.
(c) In instances in which the same issue of securities may be held in more than one form (e.g. registered and
bearer) or is otherwise issued in forms that cannot be treated as fungible in the judgement of Euroclear Bank,
Euroclear Bank may decline to hold such security in any or all such forms. Remote Market Securities will not
be treated as fungible with the Home Market Securities of the same issue.
(d) Euroclear Bank may, at its sole discretion, accept or refuse to treat subsequent tranches of an issue of
securities as fungible with previous tranches of the same issue. Euroclear Bank accepts no liability for any
consequences of such acceptance or refusal.
(b) If Euroclear Bank, subsequent to effecting a credit to any Account in respect to such securities receives
information, from any source which in its sole discretion it considers reliable, that the securities may be
invalid, it shall take such action with respect thereto as in its sole discretion it determines to be appropriate.
Such action may include, without limitation:
6 Operating Procedures
January 15, 2007
Part I - General Rules Section 4 - Acceptance of securities in the Euroclear System
(i) blocking all such securities in the Account to which they were credited;
(ii) holding in suspense any unexecuted settlement instruction, Custody Operation instruction or securities
lending and borrowing request for such securities;
(iii) not accepting any further settlement instruction, Custody Operation instruction or securities lending
and borrowing request for such securities;
(v) debiting all entries related to such securities in any Account;
(vi) suspending all services related to such securities;
(vii) cancelling all unexecuted instructions in such securities; and
(viii) deleting the security code assigned to such securities from the securities database.
(c) Euroclear Bank accepts no liability for any consequences of its acceptance and holding of, or its execution
of instructions in, any security of which the issuance is cancelled, or for any issuance which it considers, in its
sole discretion, to be invalid, or for the consequences of its judgement that the issue is or may be invalid, nor
for any action it may take under (b) above.
(b) The requestor must specify whether the confidentiality restrictions on the issue should continue until:
(c) The requestor must specify whether the confidentiality restrictions should or should not be applied to
Clearstream Banking SA.
(d) Securities marked as confidential by Euroclear Bank are not included in reporting to Participants or
available for inquiry by Participants, except for the Deferred Income Payments Section of the Euroclear website
which includes only the ISIN code, common code, type of payment (e.g., coupon, redemption) and the value
date expected and value date received for Cash Custody Distributions received by Euroclear Bank in respect of
such confidential securities.
(e) Euroclear Bank will make available information about securities marked as confidential to:
Operating Procedures 7
January 15, 2007
Part I - General Rules Section 4 - Acceptance of securities in the Euroclear System
Requests from other parties for information on issues marked as confidential will be referred to the relevant
party (lead manager or issuer or its agent) that requested that the issue be marked as confidential.
(f) Participants, issuers and lead managers should be aware that Euroclear Bank does not confirm whether or
not telephone inquiries are received from Participants with positions or pending settlement instructions in a
confidential issue. In this respect, Euroclear Bank relies solely on the oral representations of the caller.
Accordingly, Euroclear Bank accepts no liability for provision of information on a confidential issue to a caller
that has misrepresented himself.
(g) Confidentiality restrictions on securities in the Euroclear System are removed if the information about the
security becomes publicly available, for example, if the security is listed on a regulated exchange.
(b) Securities designated with the “RLS” descriptor in the name field of the security in the Euroclear Bank
securities database indicate that the security is a “risk-linked security” the ownership of which, according to
information provided to Euroclear Bank by the issuer or its agent, may (i) involve a risk of becoming subject to
regulation as a provider of insurance or reinsurance or (ii be limited to investors in certain “permitted
jurisdictions” specified by the issuer. The “RLS” descriptor and the term “risk-linked security” are not used
for any other purpose and do not refer to any other type of security, although other securities accepted in the
Euroclear System that do not carry this designation may be linked to certain risks and holdings may be
restricted to certain permitted persons.
(c) The “RLS” descriptor and the term “risk-linked security” are applied by Euroclear Bank solely at the
request of the issuer or its agent. Euroclear Bank does not verify the accuracy or appropriateness of such a
request and does not provide guidance or legal advice to Participants as regards securities that include such
designation. Participants that wish to hold such “risk-linked securities” are advised to check with the own
legal counsel. Euroclear Bank accepts no liability with respect to accuracy or appropriateness of the “RLS”
designation or the decision of a Participant to hold securities so designated in its Securities Clearance Account.
8 Operating Procedures
January 15, 2007
Part I - General Rules Section 5 - Acceptance of currencies in the Euroclear System
5. Acceptance of currencies in
the Euroclear System
Table of contents
Operating Procedures
June 18, 2007
Part I - General Rules Section 5 - Acceptance of currencies in the Euroclear System
(i) accept any currency (including gold and Composite Currency Units) as a Settlement Currency; and
(ii) determine the use of such Settlement Currency, that in its sole discretion it determines to be compatible
with the nature and maintenance of a wholesale international clearing and settlement system.
(b) Currencies which have been accepted as Settlement Currencies are listed on the Euroclear Documentation
with respect to cash transfers. Some Settlement Currencies are not available for the settlement of Bridge
and/or external transactions.
(c) Currencies are identified by the International Organisation for Standardisation (“ISO”) three letter currency
code.
(a) not to accept in the Euroclear System any currency as a Settlement Currency;
(b) to withdraw acceptance with respect to any Settlement Currency previously accepted; and
(c) to refuse any deposit into the Euroclear System of a Settlement Currency regardless of any deposit of other
funds of the same Settlement Currency, or to deliver out of the Euroclear System to any Participant holding
such funds in the Euroclear System, if it determines that acceptance of any deposit in such Settlement Currency
would not be in the best interests of Participants generally or of the Euroclear System.
(b) The composition of Composite Currency Unit with respect to a given issue of securities may be as set forth
in the governing documentation of such issue or as specified by the regulatory body responsible for the
particular unit at the time of issuance. As a result of the redefinition from time to time of the composition
of certain Composite Currency Units by the regulatory bodies responsible for them, or as a result of
differing definitions in the governing documentation, such composition may differ from one issue of
securities to another.
(c) The regulatory authorities responsible for a given Composite Currency Unit may make changes in the
definition or composition thereof, which changes may be applicable automatically pursuant to the
governing documentation of different issues or applicable law. As a result, the definition in the governing
documentation of an issue may differ from the definition of such Composite Currency Unit as accepted in
the Euroclear System as a Settlement Currency.
(d) Products of a Custody Cash Distribution on a security denominated in a Composite Currency Unit that are
paid in a form not corresponding to the then-applicable definition of such Composite Currency Unit as a
Settlement Currency may be required by Euroclear Bank to be paid outside of the Euroclear System.
Operating Procedures 1
June 18, 2007
Part I - General Rules Section 5 - Acceptance of currencies in the Euroclear System
2 Operating Procedures
June 18, 2007
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
Table of contents
6.1 Instructions and other communications: general rules .......................................................................................1
6.1.1 Address of Euroclear Bank ............................................................................................................................1
6.1.2 Deemed receipt of instructions and other communications by Euroclear Bank ...............................................1
6.1.3 Authorised signatories for instructions by mail, courier or fax .......................................................................2
6.2 Means of sending instructions to Euroclear Bank ..............................................................................................2
6.2.1 Instructions by mail .......................................................................................................................................2
6.2.2 Instructions by telex.......................................................................................................................................2
6.2.3 Instructions by SWIFT...................................................................................................................................3
6.2.4 Instructions by Euclid ....................................................................................................................................3
6.2.4.1 Euclid access.........................................................................................................................................4
6.2.4.2 User Hierarchies....................................................................................................................................4
6.2.4.2.1 Euclid...........................................................................................................................................4
6.2.4.2.2 Euclid PC .....................................................................................................................................5
6.2.4.2.3 Euclid Server ................................................................................................................................5
6.2.4.3 Dual password system ...........................................................................................................................6
6.2.4.3.1 General.........................................................................................................................................6
6.2.4.3.2 Money transfer instructions through Euclid PC using X.25 network .............................................7
6.2.4.4 Access and monitoring ..........................................................................................................................7
6.2.4.4.1 Euclid...........................................................................................................................................7
6.2.4.4.2 Euclid PC and Euclid Server.........................................................................................................7
6.2.4.5 Default account number ........................................................................................................................7
6.2.5 Instructions by fax .........................................................................................................................................8
6.2.6 Instructions by electronic mail .......................................................................................................................8
6.2.7 Instructions using the Common Communication Interface (CCI) ...................................................................9
6.2.7.1 Access control .......................................................................................................................................9
6.2.7.2 Set-up of Powers of Attorney (POA) in CCI ........................................................................................10
6.2.7.3 AutoFlow ............................................................................................................................................11
6.2.7.4 ScreenFlow .........................................................................................................................................12
6.2.7.5 Archiving and Audit Trail...................................................................................................................12
6.3 Deadlines for instructions: general rules...........................................................................................................12
6.4 Processing of instructions...................................................................................................................................13
6.5 Validation of instructions...................................................................................................................................13
6.5.1 General .......................................................................................................................................................13
6.5.2 Validation of data fields...............................................................................................................................13
6.5.3 Use of code numbers....................................................................................................................................14
6.5.4 Use of decimals............................................................................................................................................14
6.5.5 Notification of invalidation of instructions ...................................................................................................14
6.6 Cancellation of instructions ...............................................................................................................................15
6.6.1 Cancellation by Euroclear Bank...................................................................................................................15
6.6.2 Cancellation by Participants ........................................................................................................................15
6.7 Modification of instructions: resubmission........................................................................................................15
Operating Procedures
April 12, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
(b) Each instruction and other communication shall carry the following general header:
(i) department concerned, as shown in the Euroclear Documentation;
(ii) name and location of sender; and
(iii) account number, if not included in the message text.
(c) Instructions and other communications to more than one department must be sent by separate messages to each
department.
(d) Euroclear Bank accepts no liability in respect of any delay or failure to process any instruction or act in respect
of any other communication which is not correctly addressed.
(e) Instructions and other communications sent by SWIFT free format to Euroclear Bank shall be deemed to have
been received when the SWIFT free format message is received at the SWIFT address identified by the Bank
Identifier Code (“BIC”) set forth in Section 6.1.1.
Operating Procedures 1
April 12, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
(f) Instructions and other communications sent to Euroclear Bank shall be deemed to have been received when the
Participant has received validation results that do not indicate rejection of the instruction and the instruction does
not need further validation.
(g) FundSettle Instructions by fax shall be deemed to have been received as set out in Section 27.
2 Operating Procedures
April 12, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
Operating Procedures 3
April 12, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
6.2.4.2.1 Euclid
(a) A Participant must specify one or more administrators, each managing a user hierarchy ("Euclid
Administrators"), as described below. A Euclid Administrator has access to a single permanent Network User
Number and a single permanent Euclid User Number allocated by Euroclear Bank. The associated Network and
Euclid Passwords are initially allocated by Euroclear Bank but need to be changed by the Euclid Administrator to
get first access to and subsequently remain under the control of the Euclid Administrator.
(b) A Euclid Administrator may create one or more operators, each with its own single permanent Network User
Number and its own single permanent Euclid User Number allocated by Euroclear Bank ("Euclid Operators").
The associated Network and Euclid Passwords are initially allocated by the Euclid Administrator but need to be
changed by the Euclid Operator to get first access to the system and subsequently remain under the control of the
Euclid Operator. The Euclid Administrator and any Euclid Operators it creates form a user hierarchy ("User
Hierarchy"). The Euclid Administrator may assign any Euclid service, access type, Securities Clearance Account,
Cash Account or function to which it has access, (other than creation of other Operators (PROFILM), request for
the preparation of a complete DACE notices report (PREPARE), identification of network access failures
(LOGFAILN), and management of report scheduling requests (SCHEDULM)) to any or all of these Euclid
Operators. It can therefore manage Euclid security by such segregation. An Administrator may also lock the
access facility of an Operator's Euclid User Number or reinstate the access facility of an Operator's Euclid User
Number after it has been locked for any reason. A locked Euclid Administrator can be unlocked only by a
Euroclear Bank data security administrator.
4 Operating Procedures
April 12, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
6.2.4.2.2 Euclid PC
(a) A Participant may specify one or more administrators to manage a Euclid PC User Hierarchy ("Euclid PC
Administrator"). A Euclid PC Administrator may specify one or more Euclid PC Users. Each copy of the Euclid PC
software application is linked to a Euclid User Number that can be either the number defined for a Euclid
Administrator or for a Euclid Operator. All members of a Euclid PC User Hierarchy access Euclid through the
Network User Number and Network Password, Euclid User Number and Euclid Password assigned to a particular
copy of Euclid PC software application. The Euclid functions, services, Securities Clearance Accounts and Cash
Accounts available to the members of a Euclid PC User Hierarchy are limited to those recognised by Euclid PC as
allocated to the Euclid User Number of the copy of Euclid PC software application unless the direct Euclid access
function is assigned. A Participant is solely responsible for ensuring that all services, functions and accounts
allocated to the Euclid User Number of a Euclid PC software application package are conformed with the Euclid
User Number corresponding to that particular Euclid PC package by using the profile synchronisation function.
(b) Upon installation, a Participant initially establishes the Euclid PC User Number, Euclid PC Password and Euclid
PC Personal Identification Number of a Euclid PC Administrator. The Euclid PC Password and Personal
Identification Number must be changed on first access and subsequently remain under control of the Euclid PC
Administrator.
(c) A Euclid PC Administrator may create one or more Euclid PC operators each with its own Euclid PC User
Number, Euclid PC Password and Personal Identification Number ("Euclid PC Operators"). The Euclid PC
Password and Personal Identification Number are initially allocated by a Euclid PC Administrator but must be
changed on first access and subsequently remain under control of the Euclid PC Operator.
(d) The Euclid PC Administrator and any Euclid PC Operators it creates form a user hierarchy ("Euclid PC User
Hierarchy"). The Euclid PC functions and accounts that can be made available to Euclid PC Users in a particular
Euclid PC User Hierarchy depend on the privileges allocated to the Euclid User Number for such Euclid PC package
during installation. A Euclid PC Administrator may assign any service, function, Securities Clearance Account or
Cash Account to which it has access to any Euclid PC Operator. It can therefore manage the security by such
segregation in particular by assigning input and release functions separately.
(e) For money transfer instructions, a Euclid PC Administrator may achieve additional security by either requiring
the approval of instructions by another member of the Euclid PC user hierarchy after their input and before their
release for validation, or restricting use according to the type of money transfer instruction, cash amounts, or Bank
Identifier Codes.
(f) A Euclid PC Administrator may also lock the access facility of a Euclid PC Operator's Euclid PC User Number or
reinstate the access facility of a Euclid PC Operator's Euclid PC User Number after it has been locked for any reason.
A locked Euclid PC Administrator User Number can be unlocked only by following an emergency administration
procedure, the Network Password and the Euclid Password linked to the particular copy of the Euclid PC software
application must be reset by the Euclid Administrator if the Euclid PC Administrator is a Euclid Operator or by the
Euroclear Bank data security administrator at Euroclear Bank if the Euclid PC Administrator is a Euclid
Administrator before being reset by the Euclid PC Administrator.
Operating Procedures 5
April 12, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
(b) Upon installation, a Participant initially establishes the Euclid Server User Number, Euclid Server Password
and Euclid Server Personal Identification Number of a Euclid Server Administrator. The Euclid Server Password
and Personal Identification Number must be changed on first access and subsequently remain under control of the
Euclid Server Administrator.
(c) A Euclid Server Administrator may create one or more Euclid Server operators each with its own Euclid Server
User Number, Euclid Server Password and Personal Identification Number ("Euclid Server Operators"). The
Euclid Server Password and Personal Identification Number are initially allocated by a Euclid Server
Administrator but must be changed on first access and subsequently remain under control of the Euclid Server
Operator.
(d) A Euclid Server Administrator may create one or more Euclid Server Host Users, each with its own Euclid
Server Host Number and Euclid Server Password. The Euclid Server Password is initially allocated by a Euclid
Server Administrator but must be changed on first access and subsequently remains under control of the Euclid
Server Host User.
(e) The Euclid Server Administrator and any Euclid Server Operators it creates form a user hierarchy ("Euclid
Server User Hierarchy"). The Euclid Server functions and accounts that can be made available to Euclid Server
Users in a particular Euclid Server User Hierarchy depend on the privileges allocated to the Euclid User Number
for such Euclid Server package during installation. A Euclid Server Administrator may assign any service,
function, Securities Clearance Account or Cash Account to which it has access to any Euclid Server Operator. It
can therefore manage the security by such segregation in particular by assigning input and release functions
separately.
(f) A Euclid Server Administrator may also lock the access facility of a Euclid Server Operator's Euclid Server
User Number or reinstate the access facility of a Euclid Server Operator's Euclid Server User Number after it has
been locked for any reason. A locked Euclid Server Administrator User Number can be unlocked only by following
an emergency administration procedure, the Network Password and the Euclid Password linked to the particular
copy of the Euclid Server software application must be reset by the Euclid Administrator if the Euclid Server
Administrator is a Euclid Operator or by the Euroclear Bank data security administrator at Euroclear Bank if the
Euclid Server Administrator is a Euclid Administrator before being reset by the Euclid Server Administrator.
6.2.4.3.1 General
(a) Two passwords (Network Password and Euclid Password) are required and must be different from each other.
The dual password system is administered and controlled manually by the Participant: both passwords may be
changed as frequently as desired with instantaneous effect. It is the Participant's responsibility to change passwords
frequently. If a password remains in use for 21 calendar days or more, a warning is provided upon access. If a
password remains in use for more than 31 calendar days, a password change is enforced by the Euclid control
routines before any other operation can take place. A new password may not repeat any of the last five versions of
the same password and must include at least three characters which were not included in the immediately
preceding version.
(b) Each password:
(i) starts with an alphabetical character;
(ii) consists of from six to eight characters; and
(iii) includes at least three different characters.
(c) Correct passwords must be input before instructions and requests can be input or reports requested. A total of
eight unsuccessful attempts to enter a correct Network Password during any day, four consecutive unsuccessful
attempts to enter a correct Euclid Password, whether or not in the same communication session, or failure to
access a Euclid User Number for more than 60 days causes the revocation of the relevant Network User Number or
Euclid User Number and, if it is a Network User Number or Euclid User Number allocated to an Administrator,
requires its reinitialisation by a Euroclear Bank data security administrator. The revocation of a Network User
Number or Euclid User Number affects only that User Number and has no effect on any other.
6 Operating Procedures
April 12, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
6.2.4.4.1 Euclid
(a) At every log-on, an automatic message is printed informing the user of details of the previous five successful
accesses to the Euclid User Number in use: this information is also available on demand using the function LA. A
Euclid Administrator may also use function LA to obtain details of the previous five accesses to the Euclid User
Number of any Euclid Operator in its Euclid User Hierarchy.
(b) In addition, the function LOGFAIL enables a user to obtain the date and time of the previous unsuccessful
attempts to access the Euclid User Number in use during any period up to one month in arrears. An Administrator
may also use function LOGFAILN to obtain date and time of previous unsuccessful attempts to access its Network
User Number and the Network User Number of any Euclid Operator in its Euclid User Hierarchy during any
period up to one month in arrears. For each unsuccessful attempt, the report includes the reason for the failure and
the GMT date and time of the attempt.
Operating Procedures 7
April 12, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
(e) A request for a report made by a Euclid PC Operator or Euclid Operator without indicating to which Securities
Clearance Account or Cash Account it relates will be taken by Euclid PC or Euclid Server respectively to be in
respect of all account numbers to which such Euclid PC Operator or Euclid Server Operator has access.
8 Operating Procedures
April 12, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
Operating Procedures 9
April 12, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
(c) The technical set up for access to Euroclear Bank services must be performed by the Participant in accordance
with the directions issued by Euroclear Bank. Where the Participant sets up the operators incorrectly and this
results in non-eligible Participants being given access to certain services, the Participant is fully liable for any
losses suffered or incurred by Euroclear Bank. Euroclear Bank accepts no liability toward the Participant or any
third party for any access to or usage of services by a Participant which is not eligible to access or use such
services.
(d) Operators: There are two different types of operator: root operator and business operator. It is not possible for
different types of operator to be combined. Participants have the option to activate or disable business operators
from time to time.
(e) Root Operators: Two root operators are created for each Access Provider by Euroclear Bank. The operator
profile of a root operator is set up by Euroclear Bank and cannot be changed by the Participant. Input entered by
one root operator must be authorised by another root operator. Root operators:
(i) can set up operator profiles with the rights of an operator to perform functions;
(ii) can set up other root operators;
(iii) are able to set up groups of accounts;
(iv) can perform CCI audit trail enquiries;
(v) are able to reset the passwords of other operators including root operators; and
(vi) are able to set up groups of functions.
(f) Business operators: All the attributes for each business operator are set up by the root operator. A business
operator is set up as either a ScreenFlow operator for working in interactive sessions or an AutoFlow operator for
only transferring files and/or messages.
(g) Profiles: A business operator is assigned an operator profile. The same business operator may perform
different functions for different parties and accounts within the same Access Provider as defined in the operator
profile. For a party, a business operator may only be permitted access to one or more Securities Clearance
Accounts as defined in the operator profile. A business operator is assigned a list of functions and/or function
groups that it is able to use. An operator can only perform functions when it has a status of “enabled”. This status
is assigned when the creation of the operator is authorised by a second root operator.
(h) Service groups: Service groups are set up by Euroclear Bank and contain functions that are associated with a
particular business area, e.g. payments, corporate actions, access management. Service groups cannot be amended
by the Participant. Service groups are assigned to Access Providers by Euroclear Bank in accordance with the
services subscribed to by the relevant Participant.
(i) Functions and function groups: A function is a distinct Euroclear Bank activity. There are three types of
functions:
(i) Administration: functions that are used to create and maintain operator profiles, e.g. create an operator.
(ii) Business: functions that are used to allow operators to carry out business tasks, e.g. send an instruction to
Euroclear Bank.
(iii) Generic: These are functions that can be used by either an administrator or business operator.
Functions can be grouped together to form function groups. Business and administration functions cannot be in
the same function group. Function groups are created and maintained by root operators. Functions and function
groups are assigned to operator profiles.
10 Operating Procedures
April 12, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
(b) Euroclear Bank will inform the administrators of the receiving entity’s Access Provider that the giving
Participant has granted a POA to such entity. The receiving entity’s Access Provider administrators will be able to
allocate the functions detailed in the POA to an existing operator profile. This allows existing operators with
profiles to which the new POA details have been added, to perform the functions for the giving Participant.
Euroclear Bank will endeavour to restrict the receiving entity’s Access Provider operators so that they are only able
to perform the specific functions and accounts detailed by the giving Participant in the POA. Euroclear Bank
accepts no liability for any violation of data protection or confidentiality rules caused by the Participant’s decision
to delegate access to its account(s).
(c) Where the giving Participant is not a CCI Access Provider, a POA can still be put in place, but an Access
Provider ID may need to be obtained by such Participant.
(d) POA function groups and account groups: Within the POA agreement it is possible for the giving Participant to
specify a function group or account group name on the application form. These function groups or account groups
can be created by the giving Participant’s Access Provider administrator. These groups can continue to be
maintained by such Access Provider administrators, but can also be assigned to the operator profiles of the
receiving entity’s Access Provider if permitted in accordance with the terms of the POA. If a function or sub-
account is added or removed from a group by the giving Participant’s Access Provider, operators linked to the
receiving entity’s Access Provider who have this group assigned to their profile will have their access rights
amended accordingly.
6.2.7.3 AutoFlow
(a) AutoFlow Messaging is an automated, communications channel that allows Participants to exchange individual
messages with Euroclear Bank. AutoFlow File Transfer is an automated STP communications channel, where
messages are batched into files and delivered via the relevant network to Euroclear Bank.
(b) Connection to a gateway: Participants need to transfer data between their systems and their network provider.
Network providers will define how to deliver such data and from where data received from Euroclear Bank can be
accessed.
(c) Acknowledgements: The network provider sends an acknowledgement to the Participant’s gateway when it has
received a message from the Participant for transmission to Euroclear Bank. In the case of SWIFT, this is when
the message from the Participant reaches the SWIFT network. In the case of BT, it is when the Participant’s
message has been received by the CCI infrastructure. This acknowledgement is only an acknowledgement of
receipt at the transport level and is not a confirmation that the message has been received for processing. If no
acknowledgement is received from the network provider, the message must be re-submitted by the Participant.
Euroclear Bank accepts no liability for any failure of a Participant to re-submit a message upon a non-receipt of an
acknowledgement. Participants should be aware that there could be occurrences when a message is not delivered
to Euroclear Bank.
(d) Where an acknowledgement of the receipt of an instruction has been sent, it is at the point at which Euroclear
Bank receives the instructions from CCI that processing will start for the purposes of meeting any applicable
deadlines and not at the time the instruction is sent by the client or at the time that the acknowledgement of receipt
of the instruction has been sent or has been received. Participants should be aware that where the SWIFT “store
and forward” function is being used, Euroclear Bank may not receive the instruction within a specific timeframe.
(e) Message sequencing: Neither the CCI nor the network providers impose a sequence on messages, whether
inbound or outbound. Each Participant should process messages in the correct sequence as determined by such
Participant. Without limitation, such sequencing may use one of the following means:
(i) wait for the expected acknowledgement to the first message before sending the second; Participants should
be aware that where a second message is sent as soon as an acknowledgement is received from CCI for the first
message, that the second message may arrive and be processed before the first message;
(ii) link messages where the business data within the message permits the messages to be linked;
(iii) sequencing by using data in the body of the message; for example, a timestamp will be included within a
transaction status message to allow the Participant to determine the sequence.
Operating Procedures 11
April 12, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
6.2.7.4 ScreenFlow
(a) ScreenFlow requires Participants to define the security of the system. The Participant must implement role-
based access control. Access control is initially provided by operator authentication, which is implemented using a
user ID and password. If an operator fails to log on successfully three times, access is frozen. To unfreeze access,
the operator should contact his/her administrator. If an administrator fails to log on successfully three times,
access is frozen. To unfreeze access, the administrator should contact Euroclear Bank. Euroclear Bank accepts no
liability for any losses arising from or caused by frozen access.
(b) The Participant implements role-based security by assigning profiles to operators that dictate which functions
the operator can perform. The creation of profiles is fully under the control of the Participant. Profiles are set up
using the OAM functions. In addition, Participants have the option of implementing controls on data.
Participants are solely responsible for the security of their own systems beyond the network end point.
(c) Reporting: Each Participants must subscribe to receive reports and statements. The subscription mechanism is
via ScreenFlow. The Participant is solely responsible for the selection of its reports and statements. Euroclear
Bank accepts no liability for losses arising from any failure by the Participant to select a specific report or
statement via ScreenFlow.
(d) Retrieval via ScreenFlow: The ScreenFlow audit trail provides access to messages that have been received, or
sent by CCI. For a period of five (5) Business Days after a message is received or sent by CCI, a user may retrieve
its message details using ScreenFlow. The message details are archived after five (5) Business Days and the
message summary remains accessible for two (2) months. The audit log can only be viewed by an administrator
and an administrator will only be able to view messages associated with its own Access Provider.
(e) Dual control: ScreenFlow allows Participants to impose controls on input. Each Participant must decide
whether to use dual control and, if so, how it is used. Dual control is optional and the Participant may opt to have
no form of dual control imposed on their operators. The level of operator authority is set up by the root operator.
(c) For telex instructions to be considered for processing before the relevant deadline, the entire telex transmission
must be completed by such deadline.
(d) Euroclear Bank may, in its sole discretion, attempt to process on a reasonable effort basis instructions received
or validated after the deadline set out in Part II - Services or as set out in Section 27 but accepts no liability for:
(i) its failure to execute any such instruction;
(ii) any errors or omissions resulting from the processing of such instructions; or
(iii) delay in so doing.
12 Operating Procedures
April 12, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
(e) In accordance with Section 18 of the Terms and Conditions, Euroclear Bank’s acceptance of any such
instructions shall in no way obligate it to accept any late instructions in the future.
(f) An instruction received after the applicable deadline and not processed under Section 6.3(d) above will either
not be processed, or will be treated as received the succeeding Business Day, as described in Part II – Services or
as set out in Section 27.
6.5.1 General
(a) In connection with each method of communication, formats for instructions and reports have been established
to the extent possible following recommendations from the International Organisation for Standardisation (I.S.O),
but Euroclear Bank accepts no liability for any failure to do so.
(b) Only those instructions which conform to the format and contain the required data prescribed in the Euroclear
Documentation, or which Euroclear Bank deems suitable for processing, are considered valid and accepted for
processing.
(c) Euroclear Bank accepts no liability for its refusal to process instructions that do not conform to the rules set out
in (b) above.
(d) Euroclear Bank may deem certain incorrectly formatted instructions to be suitable for processing without
requesting further instructions from the Participant if it has the information necessary to repair the instruction
available to it and it reasonably believes the Participant intended to input the correct information in its instruction.
Euroclear Bank accepts no liability for the processing of such repaired instructions. For the purposes of (b) above,
the instruction will be deemed to have been received at the time Euroclear Bank repairs the instruction. Euroclear
Bank accepts no liability for failure to validate, report, confirm, cancel or otherwise process instructions that have
been entered into the Euroclear System for a Value Date or other processing date on or after 1 January 2000 if
such instructions have been entered into the Euroclear System more than five (5) months prior to such Value Date
or processing date, regardless of whether such instructions otherwise conform to the rules set out in (b) above and
regardless of whether Euroclear Bank has accepted such instructions for future validation and processing.
Euroclear Bank may, in its sole discretion, accept and retain such instructions for future validation and processing
in a manner which it deems appropriate, but accepts no liability for its failure to do so or any delay in doing so, or
for processing such instructions in accordance with their terms.
Operating Procedures 13
April 12, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
(b) Any required data field found to be invalid causes the rejection as invalid of the entire instruction, subject to
the provisions of Section 21.5.4 for money transfer instructions.
(c) Instructions which contain all relevant and correctly formatted items of information, as set forth herein, will be
accepted for further processing regardless of any narrative data or other communication stating the instruction’s
dependency on matters other than satisfaction of the conditions for processing instructions described in these
Operating Procedures or providing information outside the fields which are validated by Euroclear Bank. All such
data or information included in the instruction outside the validated fields will be ignored.
14 Operating Procedures
August 16, 2010
Part I - General Rules Section 6 - Instructions and other communications to Euroclear Bank
Operating Procedures 15
April 12, 2010
Part I - General Rules Section 7 - Reports and other communications to Participants
Table of contents
Operating Procedures
January 15, 2007
Part I - General Rules Section 7 - Reports and other communications to Participants
(b) If so requested by a Participant, Euroclear Bank will use reasonable efforts to make reports and other
communications from Euroclear Bank to a Participant available for collection by any courier service designated
by such Participant, but will accept no liability for failure to do so or for any delay, loss of documents or any
other consequence of acting upon such request.
(b) It is the responsibility of the Participant to notify Euroclear Bank in writing of any change in SWIFT, mail,
email or telex address or telephone or fax number. Such notifications must be under authorised signature, or
by tested telex or authenticated SWIFT message.
(b) Reports and other communications by telex from Euroclear Bank to a Participant shall be deemed to have
been received when the telex is sent and the appropriate answerback is received.
(c) Reports and other communications by fax transmission from Euroclear Bank to a Participant shall be
deemed to have been received when the fax transmission is sent and the appropriate transmission report
indicates receipt by the Participant.
(d) Reports and other communications from Euroclear Bank to Participants shall be deemed to have been
received when they are made available on the website operated by or on behalf of Euroclear Bank.
(e) Reports and other communications by SWIFT message from Euroclear Bank to a Participant shall be
deemed to have been received when the SWIFT message is sent to the SWIFT address (identified by the Bank
Identifier Code (“BIC”) provided in the letter agreement for SWIFT users and the appropriate
acknowledgement from SWIFT is received.
(f) Reports and other communications by email message from Euroclear Bank to a Participant shall be deemed
to have been received on the Business Day when the email message is sent by Euroclear Bank or, if the email
message is sent outside the business hours of Euroclear Bank, on the morning of the following Business Day.
Operating Procedures 1
February 16, 2009
Part I - General Rules Section 7 - Reports and other communications to Participants
(b) The SWIFT Specifications form an integral part of the Euroclear Documentation. A Participant wishing to
receive certain reports based on the SWIFT Specifications must first subscribe by completing, signing and
returning the appropriate registration form.
(c) A Participant using Euclid is solely responsible for ensuring that it retrieves the most recent reports available
from Euclid. Euroclear Bank accepts no liability for any consequences if a Participant fails to do so.
(d) A Participant using Euclid PC or Euclid Server is solely responsible for keeping the information on its local
Euclid PC or Euclid Server database up-to-date. Euroclear Bank accepts no liability for any consequences for a
Participant that fails to do so.
(b) For the purpose of the Internet Reporting Service the following terms shall have the following meaning
assigned to them:
“Report” shall mean any report provided under the name “Euroclear Biweb” or such other name as Euroclear
Bank shall decide in its sole discretion, which contains information about the balance in the Participant’s
Securities Clearance Account(s), as well as static securities information, rating and valuation information,
and such other information as Euroclear Bank may decide to make available in such report;
“Software” means any software which may be provided to the Participant by, or upon the instruction of,
Euroclear Bank from time to time in connection with the Participant’s use of the Internet Reporting Service.
It includes software necessary to encrypt, de-crypt, digitally sign, or otherwise secure, certify or authenticate
communications related to the Internet Reporting Service;
“Systems” means any device, software, hardware, communications system, program or application operated
by or on behalf of Euroclear Bank which is utilised in making Reports available through the Internet
Reporting Service.
(c) For the purposes of utilising the Internet Reporting Service, Euroclear Bank grants to the Participant,
including its affiliates, a perpetual, fully paid-up, royalty-free and non exclusive license to use the Software to the
extent it is permitted to do so under applicable license agreements with third parties from whom Euroclear Bank
licenses the Software. The Participant may make copies of the Software for backup, archival and security
purposes for no additional cost or license fee to Euroclear Bank.
(d) The Participant acknowledges that Euroclear Bank or its affiliates license the Software or Systems from a
third party, and agrees and acknowledges that the Software and Systems shall remain the sole property of, and
title and full ownership rights in the Software and Systems are reserved to and shall remain with such third party
in accordance with any relevant agreement between Euroclear Bank and such third party. Euroclear Bank has
no liability for the functioning of the Software and Systems, and expressly disclaims any warranties and
representations of any kind with regard to the Software and Systems, including any implied warranties of
merchantability and fitness for a particular purpose or warranties as to any results to be obtained by users from
the use of the Software or Systems, except the representation and warranty set out in (c) above.
2 Operating Procedures
January 15, 2007
Part I - General Rules Section 7 - Reports and other communications to Participants
(e) Each Participant hereby consents to and authorises Euroclear Bank to make the information referred to in
Section 3.4 (“Confidential Information”) available through the Internet Reporting Service and to take all other
actions necessary to make such Confidential Information available to it through the Internet Reporting Service,
including without limitation any reproduction, storage, downloading or other transmittal of such Confidential
Information to a website or Internet server. Euroclear Bank shall use the standard of encryption and
authentication software that it, in its sole discretion, deems adequate to prevent disclosure to any unauthorised
third party in the course of making Confidential Information or Reports available to the Participant through the
Internet Reporting Service.
(f) The Participant acknowledges that Reports received by means of the Internet Reporting Service are current
as of the date and time included by Euroclear Bank on such Report, and Euroclear Bank will use reasonable
efforts to update information in the Report daily. Participant acknowledges that such updates will occur
routinely without separate notification to Participant. Euroclear Bank has no liability for the failure of any
Report to be correct, complete or timely at the date or time at which Participant actually accesses such Report.
(g) The general rules for Provision of Information set out in Section 19.3, in particular in relation to
Participants’ access to database information through on-line inquiries, shall apply to any securities information
contained in Reports provided under the Internet Reporting Service, including information about eligibility of
securities as TARGET collateral, as if such information were included in a database.
(b) Euroclear Bank may upon its own initiative, in its sole discretion, make Reports available to the Participant
by fax if it appears to Euroclear Bank that the Internet Reporting Service is or will not be available to the
Participant, for any reason, or under such other circumstances as Euroclear Bank determines is appropriate.
(i) any change in relevant law governing authentication, encryption, digital certificates, certification or
other authentication of communications; or
(ii) any unauthorised use of Euroclear Bank’s websites or systems, including but not limited to any
unauthorised entry into systems operated by or on behalf of Euroclear Bank, including the Systems, misuse
of passwords, or misuse of any information posted to a site, by the Participant.
(b) A Participant may cancel its registration for the Internet Reporting Service by written notice to Euroclear
Bank no later than five Business Days before the calendar month in which the cancellation is to take effect.
Operating Procedures 3
January 1, 2001
Part I - General Rules Section 7 - Reports and other communications to Participants
(b) The official statement of the balance in a Participant’s account of a currency or Composite Currency Unit is
that contained in the most recent paper (non-electronic) version of the Daily Cash Statement sent or to be sent
by mail, whether or not such sending by mail has been waived by the Participant, without prejudice to the
right of Euroclear Bank to reverse erroneous, conditional or provisional entries.
(b) The Euroclear websites may also contain links to websites controlled or offered by third parties. Euroclear
Bank has not reviewed, and hereby disclaims responsibility for, any data, information or materials posted at
any of the sites linked to the Euroclear websites. By creating a link to third party websites, Euroclear Bank
does not endorse or recommend any products or services offered on such websites.
(c) Euroclear Bank is not providing any warranties and representations regarding the Euroclear websites.
Euroclear Bank disclaims all warranties and representations of any kind with regard to the Euroclear websites,
including any implied warranties of merchantability, non-infringement of third party rights, freedom from
viruses or other harmful code, or fitness for a particular purpose. Euroclear Bank does not warrant the
accuracy, adequacy, completeness or availability of the, information contained on Euroclear websites and
expressly disclaims liability for errors or omissions in the information.
4 Operating Procedures
January 15, 2007
Part I - General Rules Section 8 - Entries in Participants’ accounts
Table of contents
Operating Procedures
January 1, 2001
Part I - General Rules Section 8 - Entries in Participants’ accounts
(b) The specific rules relating to final and provisional credits and debits for specific Euroclear services are set
out under the heading “Generation of records” and/or “finality” in the relevant sections of Part II - Services.
Euroclear Bank may credit securities or funds to Participants’ accounts before having received confirmation
that the receipt of securities or funds is final in the circumstances set out in Section 12.1(f) or in certain
domestic markets, as set out in the relevant country sections in Part IV - Domestic Markets. The specific rules
for services in Part II - Services or for domestic markets in Part IV - Domestic Markets must be read in
conjunction with this Section.
(c) The rules set out in this Section with respect to Securities Clearance Accounts apply to Transit Accounts.
(b) The provisional nature of any debit or credit to any account will not be affected by:
(i) the absence of a statement to that effect in any report furnished by Euroclear Bank to such Participant or
any other indication in any report or statement; or
(ii) any subsequent debits or credits to such accounts arising out of further securities transactions.
(i) receipts of securities are provisional upon the securities not being refused pursuant to Section 15.2.3;
(ii) receipts of registered, inscribed or book-entry securities (or documents required to effect transfer of
ownership of such securities) are provisional upon such receipts not being refused by the Depositary or
Other Clearance System initially receiving such securities or documents, or by another Depositary for the
issue, and remain provisional until the credit of the securities to the account of Euroclear Bank is final or
until registration in the name of the Depositary or the Other Clearance System or of Euroclear Bank or the
appropriate nominee (as set out in Section 10.4.1), as the case may be, is final;
(iii) receipts by a Depositary or by Euroclear Bank directly through an Other Clearance System are
provisional until the transfer to the account of the Depositary or of Euroclear Bank or of the appropriate
nominee, as the case may be, for the Euroclear System is final in accordance with the rules and practice of
the local market;
(iv) the Domestic Market Claims Procedure (see Section 20.7.2), are provisional until the related debit to
the account of, or delivery by, the counterparty is final.
(i) deliveries of securities are provisional upon the securities being delivered and accepted by the recipient;
Operating Procedures 1
September 20, 2010
Part I - General Rules Section 8 - Entries in Participants’ accounts
(ii) deliveries of securities to any Other Clearance System are provisional upon the securities being accepted
by the Other Clearance System, upon the conditions of use of such Other Clearance System, and upon the
satisfaction of any necessary procedures set forth in any agreement between Euroclear Bank and such Other
Clearance System;
(iii) deliveries of registered, inscribed or book-entry securities (including documents required to effect
transfer of ownership thereof) are provisional upon such deliveries not being refused by the recipient and
remain provisional until transfer of the securities to the recipient is final in accordance with local rules and
practice;
(iv) deliveries of securities by a Depositary, or directly by Euroclear Bank, through an Other Clearance
System, are provisional until debited to the account for the Euroclear System and credited to the intended
recipient.
(i) deliveries of securities to Clearstream against payment, are provisional until receipt by Euroclear Bank
of the Clearstream Feedback Transmission indicating the acceptance or refusal of the delivery by
Clearstream;
(ii) Custody Cash Distributions are provisional until the receipt in whole of such payments by Euroclear
Bank is final;
(iii) the Other Market Claims Procedure (see Section 20.7.3), are provisional until the receipt of the interest
payment by Euroclear Bank is final;
(iv) receipts of funds at Cash Correspondents are provisional until such receipts are final;
(v) the Domestic Market Claims Procedure (see Section 20.7.2), are provisional until the related debit to the
account of or payment by the counterparty is final.
(b) Statements contained in any report relating to credits to a Cash account that indicates that funds have been
received and reconciled by Euroclear Bank do not indicate that the relevant payments made to Euroclear Bank
are final, nor does it affect in any way the provisional nature of such credits.
(i) receipts of securities against payment are provisional until the securities are accepted pursuant to Section
15.2.3;
(ii) Other Market Claims Procedure (see Section 20.7.3), are provisional until final receipt of the interest
payment by Euroclear Bank.
8.3 Reversals
(i) credit or debit which it has made to any account as a result of any error, i.e. in cases that an error occurs
on Euroclear Bank’s part and in cases of any credit or debit that for any reason has been erroneously made.
Without prejudice to Section 10 of the Terms and Conditions, Participants must advise Euroclear Bank,
promptly upon discovery, of any erroneous entry in any of their accounts and must not attempt adjustment
by other means;
(ii) provisional credit or debit to any account if the relevant conditions (as set out in Section 8.2 above or
other sections of the Operating Procedures, as the case may be) are not fulfilled;
(iii) credit or debit to any account, if required to do so as a consequence of any law, regulation, order,
judgement, injunction, asset freeze, or other action of or by any receiver or person fulfilling a similar
function, government, court or other instrumentality of government (including central banks), the legal
effect of which is to require Euroclear Bank, or in the case of a Bridge settlement Clearstream, to reverse
any credits or debits.
2 Operating Procedures
January 19, 2009
Part I - General Rules Section 8 - Entries in Participants’ accounts
(b) In the event that Clearstream fails to pay Euroclear Bank an amount due, Euroclear Bank has the right and
is hereby authorised by each Participant to debit the Participant's relevant Cash Accounts for a portion of the
unpaid amount due by Clearstream as provided for in this section.
The relevant Participants' Cash Accounts are those to which credits were previously made as a result of
transactions taken into account to determine the amount due by Clearstream to Euroclear Bank.
The debit is calculated currency by currency (e.g. only Participants credited with USD will be debited for the
amount due by Clearstream in USD), in proportion to the amounts credited in the relevant currency in the
Cash Accounts.
Any such debit shall be provisional, subject to the resolution of all claims that may be asserted under the letter
of credit provided by Clearstream under the Bridge Agreement, and any other claims available to Euroclear
Bank with respect to such failure to pay.
(c) In accordance with Section 15 of the Terms and Conditions, the relevant Participant shall indemnify
Euroclear Bank for any costs, expenses or penalties incurred as a result of any event described in (a) above,
including reasonable fees of counsel. Euroclear Bank accepts no liability for any losses, including but not
limited to fees, expenses and foreign exchange risks, that result from the use or re-use of a provisional credit by
a Participant.
(d) It is the responsibility of the relevant Participant to cover any shortfall in a Securities Clearance Account
resulting or that would result from any reversal effected in accordance with (a) above. If the relevant
Participant fails to cover any shortfall in a Securities Clearance Account, as required by Section 15(c) of the
Terms and Conditions, Section 17(c) of the Terms and Conditions may be applied to share the loss among all
the Participants holding the relevant securities in the Euroclear System. Euroclear Bank accepts no liability
for the application of such loss sharing provision in accordance with the Terms and Conditions.
(e) Euroclear Bank may make an interest adjustment in respect of any reversal of a debit or credit to a Cash
Account.
(f) Participants are informed of any reversal of an entry in any Account and of any interest adjustment in their
Cash Accounts.
Operating Procedures 3
December 14, 2009
Part I - General Rules Section 9 - Availability and blocking of securities or cash
Table of contents
Operating Procedures
June 19, 2006
Part I - General Rules Section 9 - Availability and blocking of securities or cash
(b) Euroclear Bank may block securities or cash standing to the credit of a Participant’s account if Euroclear
Bank in its sole discretion determines that such blocking is necessary to enforce any right it has under the
Terms and Conditions, the Operating Procedures or any other agreement with a Participant.
(b) Securities are unavailable for the purposes of (a) above when they are either blocked or subject to other
settlement restrictions, as described below in Sections 9.2.1 and 9.2.2.
(a) for registered securities in certain domestic markets, if the securities are sent to the registrar for registration
(see Part IV - Domestic Markets);
(c) if securities of the issue to be debited pursuant to any instruction to deliver are in transit, including any
necessary trans-shipments in connection with the inventory management of the Euroclear System;
(d) if securities of the issue to be debited are being allowed to accumulate in a Securities Clearance Account in
order to meet an instruction with a higher priority or earlier settlement date, or in connection with a linked
instruction, as described in Section 12;
(e) if deemed necessary by Euroclear Bank in connection with Custody Operations including, without
limitation:
(f) if securities are subject to a Certification Event and the deadline date for Euroclear Bank to receive the
certification has been reached (whether or not Euroclear Bank has received the certification);
Operating Procedures 1
February 19, 2001
Part I - General Rules Section 9 - Availability and blocking of securities or cash
(g) if securities are subject to a Custody Operation with default actions. In the event that Euroclear Bank has received an
instruction from the Participant, in accordance with Section 19.4.1, that it does not wish Euroclear Bank to take such
default actions, the blocking shall be lifted during the Real-time Processing following the Overnight Securities Settlement
Process dated the Business Day after the deadline date;
(h) if there is a suspected Securities Loss or if an event took place which, in the opinion of Euroclear Bank, could give
rise to a Securities Loss (for example, an unwind of a receipt or delivery in a Domestic Market), in which event Euroclear
Bank may, in its sole discretion, block any Securities Clearance Account of a Participant holding securities of the issue
affected by such suspected or possible Securities Loss (either for the entire amount of securities of the issue affected
credited to such Securities Clearance Account, or proportionately in accordance with the amount of securities subject to
such suspected or possible Securities Loss). In that event, Participants cannot exercise their custody entitlements pursuant
to Section 19.5.2 (f). Alternatively, if the Securities Clearance Accounts are not blocked and Euroclear Bank is unable to
exercise certain rights (including voting rights), Euroclear Bank might execute, for each Participant, a reduced number of
custody instructions pro rata to the amount of shares with regard to which such Participant has sent such custody
instructions. For Custody Operations which do not require the Participant to send instructions, the proceeds shall be
allocated among all Participants that are entitled to these proceeds in accordance with the Terms and Conditions and the
Operating Procedures pro rata to the amount of such shares held by the Participant in the Euroclear System at the time
the entitlement to these proceeds for each Participant is determined; and
(i) if securities to be credited to a Participant’s Securities Clearance Account relate to a delivery instruction proposed by
Clearstream for Daylight Bridge Processing in a Clearstream Delivery Transmission. The blocking shall be lifted in
accordance with Section 14.2.6 (b).
(b) Participants may instruct Euroclear Bank to unblock any amount of securities previously blocked in response to their
instructions, except in some cases where in accordance with local practice only the issuer or its agent may instruct
Euroclear Bank to unblock the amount previously blocked. Instructions to unblock partial amounts are not accepted.
(c) Instructions to block and unblock securities must be received on a Business Day by 10:00 by mail or tested telex and
will be processed in the Overnight Securities Settlement Process dated the next Business Day.
(d) Notwithstanding the foregoing, no Participant's instructions to block securities in its Securities Clearance Account
shall prevent Euroclear Bank from debiting such Securities Clearance Account in respect of the issue of securities so
blocked in accordance with or pursuant to:
(i) the Terms and Conditions or these Operating Procedures;
(ii) other agreements between such Participant and Euroclear Bank;
(iii) any applicable law, decree, regulation, order or injunction of any government, court or other instrumentality of
government (including a central bank).
2 Operating Procedures
January 15, 2007
Part I - General Rules Section 9 - Availability and blocking of securities or cash
(c) Euroclear Bank reserves the right to make securities approaching partial redemption by drawing
unavailable for the execution of external delivery instructions at any time between the Business Day prior to
the drawing in the local market and the time of allocation of drawn securities in the Euroclear System, as set
out in Section 20.2.3.1. Securities cease to be available for any other operation or instruction (internal and
Bridge delivery instructions and collateral management services offered to Participants as a banking service by
Euroclear Bank) as of the moment Euroclear Bank starts the allocation process of drawn securities. The
securities remain unavailable until the close of the Real-time Processing on the date of the allocation in the
Euroclear System. Any securities credited to the Securities Clearance Account after the start of the allocation
process in the Euroclear System will be available for the execution of internal, Bridge and external delivery
instructions.
(d) The rules on availability set out in (a), (b) and (c) equally apply in the case of securities with currency or
other options.
(e) Special circumstances, affecting particular securities dictated by the provisions of the governing
documentation of such issues or otherwise, may vary the settlement restrictions stated in (a), (b), (c) and (d)
above. Euroclear Bank endeavours to inform Participants by means it considers appropriate of any such
special circumstances of which it has received notice but accepts no liability for not so doing.
(i) closed books periods preceding interest payments and other Corporate Events. Any receipt instruction
received by Euroclear Bank prior to any closed books period for which the securities have not been received
by the start of the closed books period, or any delivery instruction (other than Bridge delivery) which
remains unexecuted at the start of such closed books period, or which is received by Euroclear Bank during
any closed books period, is held in the backlog of unexecuted instructions during such period. Internal
instructions (and, unless otherwise indicated, Bridge instructions) may be executed throughout such closed
books period;
(ii) particular domestic markets restrictions, as set forth in the relevant country section of the Euroclear
Documentation under the heading “Settlement restrictions”. Although an instruction may be validated in
the Euroclear System, if, as a result of the application of local market restrictions the instruction fails in the
local market, Euroclear Bank accepts no liability with respect to the delay or failure of local settlement or
from any failure to obtain agreement to the matching of instructions.
(c) Lower priority instructions will not settle using, in whole or in part, Borrowed Securities.
(d) Physical securities approaching redenomination may cease to be available for the execution of external
delivery instructions a number of days before the Redenomination Date. Participants will be informed in
advance of the number of days applicable to each securities issue.
(e) When determining whether a Participant using secured credit has sufficient collateral to satisfy the
Positioning Conditions, Euroclear Bank will not take into account any securities standing to the credit of a
Participant’s Central Bank Money Securities Account.
Operating Procedures 3
January 15, 2007
Part I - General Rules Section 9 - Availability and blocking of securities or cash
(b) When an issue exists only in the form of a global certificate deposited in a domestic clearing system, a
Participant’s delivery or receipt instruction will only be accepted by Euroclear Bank in connection with an
internal or Bridge settlement, or if the addressee or the entity from which the securities will be received or to
which the securities will be delivered is a member of such domestic clearing system.
4 Operating Procedures
June 19, 2006
Part I - General Rules Section 10 - Certain responsibilities of Participants
Table of contents
Operating Procedures
June 14, 2010
Part I - General Rules Section 10 - Certain responsibilities of Participants
(i) the balance of all securities credited to each Securities Clearance Account and related Transit Account;
(ii) the balance of all cash standing to the credit of each Cash Account; and
(iii) all rights or entitlements of any Participant in the Euroclear System, such as rights to recover loaned
securities or other similar rights, whether reflected in a Record-keeping Account or not, as well as all
existing and future contractual claims that any Participant may have against Euroclear Bank in connection
with the use of the Euroclear System, in particular any Participant’s claim to receive from Euroclear Bank
securities from a local market as a result of stock exchange trade orders in markets where such transactions
are automatically fed by the stock exchange into the local Clearance System or of receipt instructions sent
by Euroclear Bank to the local market on behalf of the Participant.
(b) Without prejudice to the generality of the provisions of the Terms and Conditions, and without prejudice to
any collateral arrangements entered into between Euroclear Bank acting in its separate banking capacity and
any Participant, Euroclear Bank hereby waives the statutory lien referred to in the sub-section (a) over the
balance of all securities credited to a Securities Clearance Account which has been separately and expressly
identified in writing by the Participant as an account to which solely customer securities are credited, except
where the Participant has agreed in writing that the lien should continue to apply to the customer securities
credited to such Securities Clearance Account.
(c) This lien secures any claim of Euroclear Bank against any Participant arising in connection with the
clearance or the settlement of transactions through or in connection with the Euroclear System.
(d) Without prejudice to any collateral arrangements entered into between Euroclear Bank acting in its
separate banking capacity and any Participant, and without prejudice to the statutory lien referred to in sub-
section (a) above, Participant hereby pledges the following in favour of Euroclear Bank, in order to secure any
claim of Euroclear Bank against any Participant arising in connection with the clearance or the settlement of
transactions through or in connection with the Euroclear System (in particular any extension of credit): all
securities and cash held by any Participant in the Euroclear System, all right, title and interest in and to all
such cash and securities, as well as all existing and future contractual claims that any Participant may have
against Euroclear Bank in connection with the use of the Euroclear System, in particular any Participant’s
claim to receive from Euroclear Bank securities from a local market as a result of stock exchange trade orders
in markets where such transactions are automatically fed by the stock exchange into the local Clearance
System or of receipt instructions sent by Euroclear Bank to the local market on behalf of the Participant.
10.2 Pledging
(a) Euroclear Bank may open Pledged Accounts in accordance with the Pledged Account Terms and
Conditions. Euroclear Bank shall not, without its prior consent in writing, be required to create a special
pledged account under Article 5 of Belgian Royal Decree No. 62 dated November 10, 1967, "Facilitating the
circulation of Securities", as amended, or otherwise act as collateral agent ("tiers détenteur de gage" or "tiers
convenu") for the pledge of rights or interests in any Securities Clearance Account, Transit Account, Record-
keeping Account, Cash Account or any other account.
(b) A Participant shall not pledge or transfer by way of security any such right or interest in any of its
Securities Clearance Accounts, Transit Accounts, Record-keeping Accounts, Cash Accounts or any other
account without the prior written consent of Euroclear Bank.
Operating Procedures 1
January 13, 2003
Part I - General Rules Section 10 - Certain responsibilities of Participants
10.3.1 General
(a) Euroclear Bank does not monitor Participants’ compliance with local law or with requirements or
conditions set forth in the governing documentation of any issue of securities eligible for Euroclear services,
nor does it accept any responsibility to inform Participants about local laws or governing documentation of
issues, or any amendment thereof.
(b) In accordance with Section 15(a) of the Terms and Conditions, each holder of an Account:
(i) shall comply with any law, decree, regulation, or order of any government or governmental body
(including any court or tribunal) applicable to it or its participation in the Euroclear System and any
contract, agreement or other instrument binding upon it; and
(ii) shall indemnify Euroclear Bank upon demand against any loss, claim, liability or expense (including
reasonable attorney’s fees) asserted against or imposed upon Euroclear Bank (other than any such loss,
claim, liability or expense caused by the negligence or wilful misconduct of Euroclear Bank) as a result of :
- the use of services provided in respect of a Non-Deposit Account, and arising out of or caused by the
operation of any law, decree, regulation or order of any government or governmental body (including
any court or tribunal); or
- the violation or breach by the holder of any Account of any such law, decree, regulation, order,
contract, agreement or other instrument; or
- the holding by such holder of securities in the Euroclear System (or the receipt of payments or the
effecting of any transaction with respect thereto) and arising out of or caused by the operation of any
law, decree, regulation or order of any governmental body (including any court or tribunal).
(c) Without prejudice to the generality of (a) and (b) above, each Participant is solely responsible:
(i) in accordance with Section 15(a)(i) of the Terms and Conditions for ensuring that all applicable legal,
tax or regulatory requirements for disclosure or reporting as to holding, control or beneficial ownership are
met in respect of securities of any issue standing to the credit of, or to be credited to a Securities Clearance
Account or Transit Account in its name, including with respect to any matter as to which disclosure might
be required pursuant to Section 3.4 and including with respect to information recorded on a Non Deposit
Account;
(ii) for informing itself of the characteristics of the securities it holds, or it intends to hold, or to be recorded
on any Account through the Euroclear System including without limitation special instalment payment
provisions, holding or transfer restrictions, foreign ownership limitations, or requirements of ownership
disclosure.
(d) Without limiting the foregoing, each participant acknowledges that it is their obligation, as an ongoing
condition of participation in the Euroclear System, to comply with any law, decree, regulation, standard or
order of any government or governmental body (including any court or tribunal) applicable to it that relates to
money laundering or fraud, including without limitation, any obligations to:
(i) identify Participant’s customers and verify that identification where required;
(ii) take reasonable steps to enable suspicious transactions to be recognised;
(iii) maintain appropriate operational controls;
(iv) maintain procedures for the reporting of suspicious transactions, including reporting validated
suspicions to the appropriate authorities where required;
(v) maintain appropriate records of customer identification and transaction for a minimum of five years;
and
(vi) give appropriate training to relevant staff.
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July 17, 2006
Part I - General Rules Section 10 - Certain responsibilities of Participants
(e) Euroclear Bank may include in documentation made available to Participants such information as it may
have obtained concerning the application of certain local laws and governing documentation requirements to
Participants. Euroclear Bank does not accept any liability with respect to the accuracy, completeness or
timeliness of such information. Participants should consult their own counsel in this connection.
(b) Euroclear Bank disclaims any liability if, for any reason whatsoever, a Participant suffers any direct or
indirect losses as a result of holding or transfer restrictions applicable to either the securities held by such
Participant in the Euroclear System or to any of the Euroclear services as set out in (a) above.
(c) Euroclear Bank may include information it has obtained concerning restrictions on individual holdings in
particular issues in specific markets, in the relevant country section of the Euroclear Documentation or may
make information available by any means it considers appropriate on other restrictions of which it is informed.
In accordance with Section 10.3.1 above, Euroclear Bank accepts no liability for the incompleteness,
inaccuracy or untimeliness of such information.
10.3.3 Taxes, similar duties and interest and penalties connected therewith
If in connection with any receipt, transfer or holding of cash or securities in the Euroclear System or in
connection with any other Euroclear Bank services, any taxes, duties, claims, interest, fines, penalties or
damages (including reasonable attorney’s fees) are imposed on, or paid by or charged to, Euroclear Bank, then:
(i) the Participants whose Accounts whereon or where from the cash or securities concerned are received,
transferred, recorded or held, shall indemnify and hold harmless Euroclear Bank for such taxes, duties,
claims, interest, fines, penalties, damages and reasonable expenses (including reasonable attorney’s fees)
associated therewith, prorata the amount of cash or the quantity of securities received, transferred or held;
and
(ii) Euroclear Bank is authorised to immediately debit the Participant’s Cash Account with such amounts.
(i) the relevant country section of the Euroclear Documentation under heading “Registration”; or
(ii) for FundSettle International services, as set out in Section 27; or
(iii) Euroclear Bank may, in certain markets and in accordance with local practice, hold securities
registered in street name (i.e., depending on the market, the name of a broker or other institution holding
the securities for its customer(s) or the name of a previous holder).
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Part I - General Rules Section 10 - Certain responsibilities of Participants
(b) All securities in registered form deposited into the Euroclear System, if not delivered properly registered for
deposit into the Euroclear System shall be accompanied by proper instruments of transfer and shall be in
proper form for registration in the nominee name as described:
(i) in the relevant country section of the Euroclear Documentation under heading “Specific
instructions requirements”; or
(ii) in Section 27 in respect of FundSettle International services.
(c) Where securities are registered in the name of a nominee company of Euroclear Bank, Euroclear Bank
accepts the same responsibility for the acts and omissions of such nominee as it does for its own acts and
omissions pursuant to the Terms and Conditions, the Supplementary Terms and Conditions and the Operating
Procedures.
(d) Except where otherwise stated in Part IV - Domestic Markets, in the event that any such security so
deposited shall be denied registration into the applicable nominee name for any reason, the holder of the
Securities Clearance Account or Transit Account to which such securities were initially credited shall be liable
for the proper re-registration of such securities or their replacement.
(e) If the registration of securities deposited into the Euroclear System or otherwise instructed by a Participant
in respect of FundSettle International services requires any fee, tax or other amount to be paid as a condition
for or in connection with the registration of such securities, Euroclear Bank reserves the right to debit such
amount to the Cash Account of the Participant to whose Accounts such securities were credited, for value the
payment date of such fee, tax or other amount, pro rata to the amount of such securities credited to the
Account.
(f) Where securities are sent to a registrar for re-registration, Euroclear Bank accepts no liability for any delay
in or preclusion from registration, including but not limited to any delay or preclusion resulting from foreign
ownership limitations.
(b) Euroclear Bank may hold investment fund shares in registered form directly on the books of the fund, the
fund management company or entities acting for such fund in whatever capacity. Euroclear Bank may enter
into agreement with these entities. Euroclear Bank shall have no liability for the acts and omissions (or the
bankruptcy or insolvency) of such entities, towards Participants, beneficial owners or any third party. Euroclear
Bank shall take such steps to effect a recovery of claims that Participant might have against these entities, as it
reasonably deems appropriate under all circumstances (including without limitation the bringing and settling
of claims).
4 Operating Procedures
August 16, 2010
Part I - General Rules Section 10 - Certain responsibilities of Participants
(c) In accordance with Section 10.3. Compliance with local law and requirements of governing documentation
of issues and Section 15(a) of the Terms and Conditions, Participants undertake to comply with any law,
decree, regulation, order, contract, agreement or other instrument binding upon it, including compliance with
holding and transfer restrictions. Each Participant acknowledges that any discrepancies between the records of
the fund's agent and Euroclear records resulting from a Participant's breach of the governing documentation of
any other agreement or instrument (including, without limitation, restrictions on internal or Bridge transfers)
shall not give rise to any liability of Euroclear Bank for any direct or indirect losses resulting therefrom.
(d) Certain Fund, Fund management companies and/or its agent require, for their own purposes, information
regarding internal or Bridge transfers. Participants are responsible for verifying the requirements for each
issue of investment fund shares with the relevant fund or its agent. Each Participant undertakes to comply
with the information requirements of each fund. Failure to submit to such requirements might trigger failure of
or delay in the processing of instructions. Euroclear Bank does not accept any liability for the Participant’s
impossibility to redeem its fund shares or for any delay or other direct or indirect consequences resulting from
the Participant’s failure to report information in the manner required by the fund, the Fund management
company or its agent.
(e) A Participant is authorised to communicate instructions or orders directly to the Fund, the Fund
management company or its agent for the subscription of new investment fund shares, for the switch or
redemption of investment fund shares held in the Euroclear System. Participant is hereby authorised to have
investment fund shares registered in the Euroclear Nominee name for subscription or refer in its orders to
registration in the Euroclear nominee name for switches or redemption, but only to the extent that such order
or instruction does not exceed the amount of fund shares that the instructing Participant has in its Securities
Clearance Account as well as the position recorded on the fund agent's own records at the time the Participant
places the order directly with the Fund, the Fund management company or the agent. Each Participant dealing
directly with the fund will be liable for any losses resulting from any instruction provided directly to the Fund,
the Fund management company or its agent, including any discrepancies between the fund’s records and
Euroclear Bank’s records that may arise due to the Participant’s lack of sufficient fund shares to cover its
instruction or order.
Operating Procedures 5
July 15, 2002
Part I - General Rules Section 10 - Certain responsibilities of Participants
These personal data will be used for purposes such as managing the admission procedure of a Participant,
managing and administering Participants’ Accounts, providing services to Participants, contacting and
communicating effectively with Participants, and any other related purposes, including and without limitation
direct marketing and handling of claims and litigation, whether in Belgium or abroad.
The personal data may be shared with and/or transferred to other Euroclear companies and/or third party
service providers to achieve the above-described purposes. Some of these entities may be established in
countries outside the European Economic Area that may not offer an equivalent level of data protection. In
such case Euroclear Bank shall ensure the transfer of personal data takes place in accordance with the
principles and conditions set out in the applicable EU and Belgian legislation for such transfer.
Euroclear Bank shall allow individuals to access and, if shown to be incorrect, rectify their personal data in
accordance with the applicable EU and Belgian legislation.
Each Participant represents and warrants that it has properly informed its employees and contractors of the
reception, collection, processing and transfer of their personal data by Euroclear Bank and of the purposes
thereof.
10.8 Indemnification
Euroclear Bank will not take any action that would, in its judgement, expose it to any liability against which it
is not indemnified to its satisfaction.
(b) Participants are authorised to use information provided by Euroclear Bank, including information received
in a DACE Notice pursuant to Section 19.3, for their exclusive use to support their primary business.
Participants should be aware that Euroclear Bank receives information from various third party information
providers. Participants may not repackage, further transmit, transfer, disseminate, distribute, redistribute, sell,
resell, lease, rent, license, sublicense, alter, modify or adapt information received from Euroclear Bank without
the express written consent of Euroclear Bank and/or the relevant third party information provider.
Participants may use information received from Euroclear Bank in support of their Euroclear related activities.
Participants may not use any information received from Euroclear Bank for any illegal purpose. Participants
will take all reasonable steps to ensure that their officers, directors, employees, representatives, contractors and
agents comply with the requirements of this Section 10.9(b).
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June 14, 2010
Part I - General Rules Section 10 - Certain responsibilities of Participants
(c) Each Participant hereby agrees and acknowledges that certain information received from Euroclear Bank is
and shall remain the valuable intellectual property owned by, or licensed to, Euroclear Bank and/or a specific
third party information provider and that no proprietary rights are being transferred to the Participant. Each
Participant agrees that misappropriation or misuse of such information may cause serious damage to Euroclear
Bank and/or a third party information provider and that in such event money damages may not constitute
sufficient compensation; consequently, each Participant agrees that in the event of any misappropriation or
misuse, Euroclear Bank and/or the third party information provider shall have the right to obtain injunctive
relief in addition to any other legal or financial remedies to which either of them may be entitled.
(d) Euroclear Bank hereby discloses that most issuers of securities rated by rating agencies have, prior to
assignment of any rating, agreed to pay to the relevant rating agency for the appraisal and rating services
rendered by it fees. The relevant rating agencies and their affiliated entities maintain policies and procedures
to address the independence of their ratings and rating processes. With respect to the use of ratings by rating
agencies, each Participant expressly agrees that:
(i) the credit ratings and other opinions provided by Euroclear Bank are, and will be construed solely as,
statements of opinion and not statements of fact or recommendations to purchase, hold or sell any
securities;
(ii) each rating or other opinion will be weighed solely as one factor in any investment decision made by or
on behalf of the Participant or any investor; and
(iii) it will accordingly make its own study and evaluation of each security, and of each issuer and
guarantor of, and each provider of credit support for, each security that it may consider purchasing, holding
or selling.
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Part I - General Rules Section 10 - Certain responsibilities of Participants
8 Operating Procedures
January 15, 2007
Part I – General Rules Section 11 - Insurance
11. Insurance
Table of contents
Operating Procedures
December 22, 2008
Part I – General Rules Section 11 - Insurance
11.1 General
Euroclear Bank maintains insurance policies with respect to securities held in the Euroclear System pursuant to
the Terms and Conditions. This insurance coverage is part of insurance policies contracted for the benefit of the
Euroclear group of companies.
We set out below information about certain aspects of our insurance program. As is the case with any insurance
policy, our policies contain detailed definitions, are subject to exclusions and conditions and policy limits and
their interpretation is ultimately a matter of the courts.
11.2 Premises and transit coverage for securities held in the Euroclear
System
11.2.1 Interest insured
All “Valuable Property” (as more fully defined in the policy), which is used by the Assured in the conduct of its
business, and/or in which or in relation to which the Assured has an interest, and/or which is held, lodged or
deposited by or with the Assured, or which is held, lodged or deposited by or with a Custodian of the Assured,
for any purpose or in any capacity and whether so held gratuitously or otherwise and whether legally liable
therefore or not.
11.2.2 Situation
Worldwide, in transit, by any means of conveyance, or at rest.
11.2.3 Scope
(a) To cover against all risks of physical loss or damage from whatever cause arising, whether or not the
Assured is legally liable (subject to certain Institute Clauses);
(b) Specific endorsement in respect of forgery and Valuable Property held in Russia
11.2.4 Valuation
If lost securities can be re-issued or are replaceable or can be reconstructed, then the Assured may issue or
replace them with the approval of the Underwriters and the value shall be the actual cost of re-issue or
replacement or reconstruction plus any interest charges incurred in the re-issue or replacement or reconstruction.
If for any reason it is not possible to re-issue or replace or reconstruct securities, the value of such securities
shall be determined by the closing market value of such securities on the Business Day of the discovery of such
loss (or if discovered during a weekend or national holiday, on the next Business Day thereafter). The basis of
valuation shall include any accrued interest (including coupons), dividends and/or privileges.
(i) for losses in France which shall be covered as per Gareat terms and conditions; or
(ii) while in transit (subject to the Termination of Transit Clause (Terrorism) JC056/01).
(d) Loss resulting from any dishonest or fraudulent acts of any Employee or of any Director of the Insured
except when resulting directly from misplacement, mysterious unexplainable disappearance or destruction of or
damage to property.
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11.2.6 Sum insured
EUR 100 million each and every loss (Russian forgery endorsement: EUR 7.5 million each and every loss).
However, shipments by registered mail or overnight couriers should not exceed the following amounts (as listed
in Euroclear Bank’s Depositary Service Description):
(a) Shipments by registered mail and overnight couriers of negotiable and non-negotiable Euroclear Securities
from Euroclear Depositaries or the Brussels Office to:
(b) Messenger shipments or Euroclear Securities including shipments between Euroclear Depositaries and by
Euroclear Depositaries to other financial institution:
EUR 1,000,000.
Direct financial loss sustained by the Assured from dishonest, fraudulent or malicious acts of an Employee of
the Bank committed anywhere, alone or with others.
To indemnify the Assured for direct financial loss sustained by the Assured caused by the Assured as a result
of the Assured, and/or a Financial Organization, and/or a Customer (or a Customer’s agent or authorized
representative, or any one or more of them, in the ordinary course of business or in the provision of
Euroclear Services:
(x) having acquired, sold, delivered, accepted, received, or otherwise acted upon or relied on any
Instrument or any Written Instruction;
(y) guaranteeing in writing or witnessing any hand-written signature on any Instrument or any Written
Instruction which proves to have been either counterfeit, or forged, or fraudulent, or lost, stolen or
fraudulently obtained; or
(z) having acquired, sold, delivered, accepted, received or otherwise acted upon or relied on any
counterfeited paper, currency or coin issued or purporting to have been issued as legal tender in any
country.
(w) as a result of computer manipulation which was committed by any person (other than an
identifiable Employee) acting alone or in collusion with others;
(x) as a result of the Assured, and/or a Custodian, and/or a Customer, and/or a Customer’s agent or
authorized representative taking or omitting to take any action in consequence of computer
manipulation which was committed by any person other than an identifiable Employee);
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Part I – General Rules Section 11 - Insurance
(y) as a result of a communication transmitted through or by (or which appears to have been
transmitted through or by) a communication system but which has not been sent by the person
purporting to be the sender;
(z) as a result of the Assured, and/or Financial Organization, and/or a Customer, and/or a Customer’s
agent or authorized representative having taken or omitted to take any action on the faith of a
communication transmitted through or by (or which appears to have been transmitted through or by) a
Communication System but which has not been sent by the person purporting to be the sender.
(iii) Extortion
To indemnify the Assured for direct financial loss (including loss of, damage to or theft of Valuable Property)
sustained by the Assured by reason of the delivery of any funds or property (including Valuable Property) at
or away from an office of the Assured, or the Assured having transferred any funds or property (including
Valuable Property) as a result of an extortionist’s threat:
(v) to do bodily harm to a Director, Officer or Employee (or a relative or guest of any such person) who
is, or allegedly is, being held captive or under threat;
(w) to cause damage or disruption to the offices, property or other assets of the Assured and/or the
property or assets of an Employee;
(x) to damage, destroy, corrupt, steal or in any way alter Data, Computer Programs or Data Processing
Media;
(y) to steal or divulge confidential information;
(z) to deny access to Computer Systems or Electronic Communication Systems.
To indemnify the Assured for any direct financial loss (including loss of, damage to or theft of Valuable
Property) resulting from the Fraudulent Retention by a third party recipient of Valuable Property misdirected
or erroneously transferred by the Assured or by a Financial Organization acting upon instructions from the
Assured, and/or from another Financial Organization, and/or from a Customer (and/or a Customer’s agent or
authorized representative) as a direct result of the accidental, unintentional transfer of Valuable Property to a
third party recipient account other than the account actually intended to receive it, or the inadvertent transfer
of a greater amount of Valuable Property to a third party recipient than was actually intended.
To indemnify the Assured for Civil Liability following any Claim against the Assured by a third party, first
made during the Policy Period and arising out of or in connection with the provision of or failure to provide
Euroclear Services.
(b) Loss sustained which is not first discovered during the policy period;
(e) Any loss or liability resulting directly or indirectly from any one or more dishonest, fraudulent, malicious or
negligent acts of a Customer and/or an employee of a Customer to the extent that recourse for such loss or
liability against such Customer is legally enforceable and recoverable;
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(h) Loss, damage or destruction of property;
(i) Loss solely based on the insolvency or bankruptcy of a financial institution, its receiver or other liquidator,
resulting in the failure to pay or deliver Valuable Property to the Assured (other than Loss for which coverage is
provided under Insuring Clause 5);
(k) Loss or Claim which is a direct result of any input, modification, deletion or destruction of Computer
Programs or of Data or loss of Data Processing Media caused by mechanical failure, faulty construction, latent
defect, wear or tear, gradual deterioration, error in design, or error in programming, or errors or omissions in
processing, electrical disturbance, Data Processing Media failure or breakdown or any malfunction, except
where the loss or liability arising from the same is covered under any of Insuring Clauses 1, 3, 5 or 6;
(m) Any loss or liability arising out of the insolvency of the Assured;
(n) Employee liability in respect of personal Civil Liability arising from dishonest, fraudulent or malicious acts.
In case of:
(b) Terrorism;
(c) War.
4 Operating Procedures
December 22, 2008
Part I – General Rules Section 12 - Processing general rules
Table of contents
Operating Procedures
January 29, 2007
Part I – General Rules Section 12 - Processing general rules
12.1 General
(a) These general rules on processing apply to all services referred to in Part II - Services of the Operating
Procedures.
(b) The processing cycle for a given Business Day consists of an Overnight Securities Settlement Process and a
Real-time Processing.
(i) Settlement (including internal, Bridge and external settlement, see Part II - Services - A),
(ii) Custody (Part II - Services - B),
(iii) Money transfer (Part II - Services - C),
(iv) Securities Lending and Borrowing (Part II - Services - D).
(d) Procedures for new issues distribution, ACE confirmation and matching, and reporting to the Financial
Services Authority, while described in the Operating Procedures in separate subsections in order to facilitate
understanding of the reader, are not regarded as distinct services but as expressions of the services listed in (c)
above.
(e) Euroclear Bank reserves the right to omit or add Processings to any of the Processings set out in this
Section.
(f) Without prejudice to the generality of Section 12(c) of the Terms and Conditions, if Euroclear Bank:
(i) is unable for any reason to perform all or part of any Overnight Securities Settlement Process or Real-
time Processing as scheduled; or
(ii) has by the scheduled time not received from any external sources all the data expected to be included in
any such Process.
Euroclear Bank may perform such Processing at such time and including such data as it in its sole discretion
determines, and accepts no liability for so doing. In such cases, each Participant authorises Euroclear Bank to
credit securities or funds to its accounts before having received confirmation that the receipt of securities or
funds is final in accordance with local market rules and/or practice. Participants should be aware that a
Processing may be provided to Euroclear Bank via a platform shared with other affiliated entities. In this
regard, Euroclear Bank may be unable to perform such a Processing within the meaning in (i) above if a
processing for one or more affiliated entities sharing the platform is given priority ahead of Euroclear Bank
Processing.
(g) Processing of instructions may take place only on Business Days. Euroclear Bank does not guarantee
particular timing for processing within a given Business Day.
(h) The rules set out for each Processing in this Section 12 are the rules that generally apply, but these may be
adjusted in exceptional or contingency situations, as required by such circumstances in Euroclear Bank’s sole
judgement.
(i) Instructions and operations are eligible for processing in the Overnight Securities Settlement Process and
the Real-time Processing, respectively, as set out in the applicable section of Part II - Services.
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Part I – General Rules Section 12 – Processing general rules
(b) The Overnight Securities Settlement Process generally includes two Overnight Securities Settlement
Processings, namely the First Overnight Securities Settlement Processing and the Second Overnight Securities
Settlement Processing, but may include less than two in the exceptional circumstances set forth in Section
12.1(f) above or more than two, in the sole discretion of Euroclear Bank.
(c) Unless expressly stated otherwise in these Operating Procedures, instructions for processing in the
Overnight Securities Settlement Process may be processed, at Euroclear Bank’s discretion, either in the First or
in the Second Overnight Securities Settlement Processing.
(i) unexecuted settlement instructions with related cash movements, as applicable, matched where required;
(ii) income and redemption payments;
(iii) other valid instructions received from Participants by the Input Deadline for such Overnight Securities
Settlement Process on Day X-1;
(iv) confirmations and settlement results received from any Depositary or Other Clearance System by the
time agreed with it for such information, provided this is not later than the start of such Processing;
(v) reversals due to refusal of securities previously delivered; and
(vi) securities and cash blocked or restricted, as set out in Section 9.
(b) Balances in Securities Clearance Accounts as they are reported at the end of any First Overnight Securities
Settlement Processing reflect all the securities debits and credits, regardless of whether final or provisional,
executed as a result of such First Overnight Securities Settlement Processing. For Swift reports using the ISO
15022 standard, the ‘aggregate balance’ (as defined in the SWIFT Specifications), as it is reported at the end of
any Second Overnight Securities Settlement Process, reflect all securities debits and credits (other than
provisionals) as a result of the Overnight Securities Settlement Process.
(c) The reporting of the status of unexecuted instructions is based on the available securities balances at the
time of the positioning of such instruction taking into account each instruction separately within the same level
of priority and taking into account all the unexecuted instructions with higher priority level. This reporting
therefore does not guarantee the continued availability of securities for settlement of instructions with the same
priority level.
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Part I – General Rules Section 12 - Processing general rules
(i) unexecuted settlement instructions with related cash movements, as applicable, matched where required;
(ii) all additional confirmations and settlement results received from any Depositary or Other Clearance System;
(iii) all confirmations and settlement results received from any Depositary or Other Clearance System and
remaining in the backlog of unexecuted instructions after the First Overnight Securities Settlement Processing
dated Day X;
(iv) securities and cash blocked or restricted as set out in Section 9.
12.2.2.3 Reporting
(a) Balances and movements are reported as described in the Euroclear Documentation.
(b) Balances in Securities Clearance Accounts as they are reported at the end of any Second Overnight Securities
Settlement Processing reflect all securities debits and credits, regardless of whether final or provisional, executed as
a result of such Second Overnight Securities Settlement Processing. For Swift reports using the ISO 15022
standard, the ‘aggregate balance’ (as defined in the SWIFT Specifications), as it is reported at the end of any
Second Overnight Securities Settlement Process, reflect all securities debits and credits (other than provisionals) as
a result of the Overnight Securities Settlement Process.
(c) The reporting of the status of unexecuted instructions is based on the available securities balances at the time of
the positioning of such instruction taking into account each instruction separately within the same level of priority
and taking into account all the unexecuted instructions with higher priority level. This reporting therefore does not
guarantee the continued availability of securities for settlement of instructions with the same priority level.
(b) Unless stated otherwise in these Operating Procedures, the selection of instructions and operations eligible for
processing in the Real-time Processing may occur from the start of such Real-time Processing until the Input
Deadline for such Real-time Processing.
(c) Certain operations for cash debits and credits, generated by Euroclear Bank in connection with the provision of
the four basic services described in Section 12.1 and banking services offered by Euroclear Bank in its separate
banking capacity may be processed in the Real-time Processing after the Input Deadline for such Real-time
Processing until the start of the Overnight Securities Settlement Process or at such other time during the Real-time
Processing as Euroclear Bank may decide in its sole discretion.
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(i) unexecuted settlement instructions with related cash movements, as applicable, matched were required;
(ii) money transfer instructions with an Execution Date on Day X;
(iii) other valid instructions received from Participants by the Input Deadline for such Real-time Processing;
(iv) confirmations and settlement results received from any Depositary or Other Clearance System by the time
agreed with it for such information;
(v) confirmations of receipts of funds, as set out in Section 21.3.2, received from Cash Correspondents;
(vi) reversals due to refusal of securities delivered on Day X or prior to such date, and
(vii) securities and cash blocked and restricted as set out in Section 9.
12.3.3.1 Reporting
(a) Balances and movements are reported as described in the Euroclear Documentation.
(b) Balances in Accounts as they are reported at the end of any Real-time Processing, reflect the debits and credits,
regardless of whether final or provisional, executed in such Real-time Processing. For Swift reports using the ISO
15022 standard, the ‘aggregate balance’ (as defined in the SWIFT Specifications), as it is reported at the end of the
Real-time Processing, reflect all securities debits and credits (other than provisionals) as a result of such process.
(c) The reporting of the status of unexecuted instructions is based on the available securities balances at the time of
the positioning of such instruction taking into account each instruction separately within the same level of priority
and taking into account all the unexecuted instructions with higher priority level. This reporting therefore does not
guarantee the continued availability of securities for settlement of instructions with the same priority level.
(b) The sequence of processing may differ from one part of the Overnight Securities Settlement Processing to another,
as described below, depending on the Participant’s choice of settlement options.
(c) All debits and credits of securities to Securities Clearance Accounts and related entries to Cash Accounts,
regardless of the issue and whether the instructions are part of linked sets as described in Section 12.8 or not, are
considered in the order shown below, and before taking into account other instructions which qualify for inclusion in
the relevant Processing:
(i) reversals, adjustments to items previously processed, Securities Losses, transfers from one Security Code to
another, blockings, recalls of Borrowed Securities, confirmation or refusals of deliveries and receipts to or from
the local market;
(ii) unconditional cash market claim movements;
(iii) unconditional cash movements resulting from fees, interest payments;
(iv) receipts of securities free of payment from outside the Euroclear System;
(v) redemptions partial and full, including drawings.
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(d) All other instructions which qualify for inclusion in the relevant Processing are then considered. The
simulation of the execution of instructions is attempted issue by issue. Instructions are considered in the
sequence:
(i) all issues in which a new issue of securities is being distributed from a New Issues Securities Clearance
Account;
(ii) all issues in which an issuance of short-and medium term instruments is taking place;
(iii) all issues subject to a Custody Operation resulting in a Custody Cash Distribution based on the
positions at the end of that settlement day (i.e., redemption date – 1 or record date);
(iv) all other issues in random order; and
(vi) technical netting movements (as described in Section 13.2.6.3).
(e) Within each issue, instructions are considered in the following sequence:
(i) those resulting in credits of securities against payment in respect of the distribution of new issues
assigned a level 1 priority first and then assigned a level 2 priority;
(ii) those resulting in credits in respect of external or Bridge receipts of securities against payment;
(iii) Custody Operation instructions for voluntary Corporate Events;
(iv) internal, Bridge and external deliveries taking into account the priority designation allocated, the
settlement date and the quantity of securities, as set forth in 12.6 below (against payment Bridge receipts
will be sequenced in the Real-time Processing after the security deliveries designated as Top Priority and
Priority but before security deliveries designated with Lowest Priority, i.e., with the same priority as
instructions designated with Regular Priority);
(v) all other instructions; and
(vi) Opportunity Borrowing requests, as described in Section 22.5;
(b) For each Cash Account, instructions shall be sequenced in accordance with Section 12.5.
(c) For each Securities Clearance Account, instructions shall be sequenced in accordance with the options and
priorities applicable to the instruction in accordance with Section 12.6.
(d) Participants are offered options as to priorities and other processing variables as described below, and may
register a Securities Clearance Account for linking instructions as described in Section 12.8. Section 12.8 also
sets out priority rules applicable to linked sets of instructions.
(b) Confirmations of receipt of funds, received from a Cash Correspondent, will be processed in accordance
with Section 21.3.2.
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(b) In case of equal priority of unexecuted instructions after the application of (a)(i), (ii), (iii) and (iv) above,
such instructions are sequenced in random order.
(b) A Participant may designate an individual instruction to deliver securities to be either “Lowest Priority”,
“Priority” or “Top Priority”. Any internal, Bridge or external delivery instruction received by Euroclear Bank
without such a designation will be classified as “Regular''.
(c) The designation “Lowest Priority” is applicable only to instructions to deliver securities from a Securities
Clearance Account which is registered for Automatic Borrowing in the Securities Lending and Borrowing
Program.
(d) A Participant may, by tested telex to Euroclear Bank, indicate which option is to be used for processing
delivery instructions in respect of a Securities Clearance Account. In the absence of such indication,
instructions will be processed under option N described below. A change of option will be effective in the
Overnight Securities Settlement Process dated the Business Day succeeding that upon which the tested telex is
received by Euroclear Bank by 10:00.
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(b) Custody Operation instructions which require a debit of securities are processed before instructions
designated with Top Priority. Participants should be aware that the priority rules set forth in this Section 12.6.1
may not apply to Custody Operation instructions for certain voluntary Corporate Events.
(c) Subject to Section 20.7.2.2, Custody Operations which require a blocking of securities are submitted in the
Real-Time Processing.
(d) The specifications of the automatic priority setting service are set forth in the relevant documentation
issued by Euroclear Bank.
(e) If at any time under options N or Y, there are several outstanding unexecuted instructions to deliver
securities of the same issue with equal priority, settlement date and quantity of securities, or if at any time
under option D, there are several outstanding unexecuted instructions to deliver securities of the same issue
with equal priority and quantity of securities (and taking no account of settlement date), the simulation or the
sequencing, as applicable, of such instructions will generally be in the order:
Except as stated in this Section 12, the order in which instructions are executed in the Real-time Processing
and the execution of instructions is simulated during each Overnight Securities Settlement Processing is
random.
(i) in the Overnight Securities Settlement Process, an unexecuted instruction with a higher priority, blocks
the availability of securities for the execution of other delivery instructions with a lower priority, up to the
quantity of securities needed for the execution of the instruction with the higher priority. Securities of the
issue are accumulated in the Securities Clearance Account to permit the processing of such higher priority
delivery or Custody Operation instructions in such securities before any lower priority instruction to deliver.
Any securities reserved in the Overnight Securities Settlement Process for priorities other than Top Priority
will be unblocked in the Real-time Processing and become available for other instructions and operations.
Any security reserved in the Real time Processing for a Top Priority instruction will only be de-blocked
once the instruction is executed, lapses or is cancelled or the priority is changed to a lower priority by the
Participant. Any security reserved in the Real time Processing for a Priority, Regular or Lowest Priority
instruction will be de-blocked once the applicable recycling period (settlement window) for such instruction
type is closed or the instruction is executed, lapses or is cancelled.
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(ii) in the Real-time Processing, (A) unexecuted Custody Operation instruction blocks the availability of
securities for the execution of Top Priority or lower priorities, up to the quantity of securities needed for the
execution of the Custody Operation instructions, and (B) an unexecuted Top Priority instruction blocks the
availability of securities for the execution of other delivery instructions with a lower priority, up to the
quantity of securities needed for the execution of the instruction with Top Priority. Securities of the issue
are accumulated in the Securities Clearance Account to permit the processing of such higher priority
delivery or Custody Operation instruction in such securities before any lower priority instruction to deliver.
Provided the Top Priority or Custody Operation instruction has not been executed, a reservation of
securities will be made in subsequent Overnight Securities Settlement Processes until the instruction is
executed, lapses or is cancelled.
Any securities standing to the credit of the Securities Clearance Account in excess of the quantity reserved in
accordance with (a) remain available for the settlement of lower priority instructions.
(b) An unexecuted instruction with an earlier settlement date blocks the availability of securities in the same
issue of securities for a delivery instruction with a later settlement date, up to the quantity of securities needed
for the execution of the instruction with an earlier settlement date. Securities of the issue are accumulated in
the Securities Clearance Account to permit the processing of such earlier date delivery instruction before any
delivery instruction with a later settlement date. Provided the instruction with the earlier settlement date has
not been executed, a reservation of securities will be made until the instruction is executed, lapses or is
cancelled.
(c) Any securities standing to the credit of the Securities Clearance Account in excess of the amount reserved
for the execution of instructions with earlier settlement dates remain available for the execution of instructions
with later settlement dates.
(b) If there are several outstanding unexecuted instructions to deliver securities of the same issue with equal
priority, the execution of such instructions will be simulated in chronological order of the settlement dates
indicated.
(c) During the first part of processing, processing is simulated following the default standard procedure (option
N) described in Section 12.6 above.
(d) If after the first part of processing the simulation determines that an instruction with an earlier settlement
date cannot be executed, such failure will not block the availability of securities for the processing of an
instruction with a later settlement date; thus any available securities are used to simulate the execution of the
instruction with the earliest settlement date for which there are sufficient securities available and there is no
accumulation of securities.
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(b) If at any time under option D, there are several outstanding unexecuted instructions to deliver securities of
the same issue with equal priority (and taking no account of settlement date), such instructions will be
sequenced in descending order of quantity of securities.
(i) an unexecuted instruction with a larger quantity of securities blocks the availability of securities for the
execution of other delivery instructions with a smaller quantity of securities. Securities of the issue are
accumulated in the Securities Clearance Account to permit the processing of such delivery instruction with
a larger quantity of securities in such securities before any delivery instruction with a smaller quantity of
securities;
(ii) any securities standing to the credit of the Securities Clearance Account in excess of the amount
reserved for the settlement of instructions with larger quantities of securities remain available for the
execution of instructions with smaller quantities of securities.
If after the first part of processing the simulation determines that an instruction with a larger quantity of
securities cannot be executed, such failure will not block the availability of securities for the processing of an
instruction with a smaller quantity of securities; thus any available securities are used to simulate the execution
of the instruction with the largest quantity of securities for which there are sufficient securities available and
there is no accumulation of securities.
(b) The priority of securities transaction instructions to deliver securities which have not yet been successfully
positioned may be modified in accordance with the Euroclear Documentation.
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(b) The availability of funds received at Cash Correspondents may be affected by holidays:
(i) in Belgium;
(ii) where Cash Correspondents are located; and
(iii) as stipulated in the governing documentation of the issue.
(i) the credit confirmation from the Cash Correspondent is received by Euroclear Bank and the funds have
been credited to the Cash Account before the time of positioning of the instructions or operations; and
(ii) the funds are available, in accordance with the rules in Section 9.
12.8.1 General
(a) A Participant may link specific receipt and delivery instructions for the same security and the same
Securities Clearance Account during the Overnight Securities Settlement Processing and during the Real-time
Processing, provided that it has registered with Euroclear Bank for linking instructions where securities from
linked receipts may be reserved and used for linked deliveries and linked deliveries are executed only upon
execution of linked receipts. The link is maintained until all linked deliveries are settled, or until the relevant
instructions are cancelled;
(i) be for a Securities Clearance Account registered for the linking service mentioned in (a) above;
(ii) be for the same issue of securities; and
(iii) bear the same linking reference (as described in the Euroclear Documentation). Two or more linked
instructions under a particular linking reference constitute a “linked set”.
(c) To the extent that Euroclear Bank has in its backlog of unexecuted instructions:
(i) one or more qualifying settlement instructions to receive securities which have not yet been credited; and
(ii) one or more qualifying settlement instructions to deliver securities which have not yet been debited,
with effect from the Execution Date of one of the instructions, such instructions shall be linked instructions.
(d) Settlement instructions with the same linking reference are linked if at least one receipt and one delivery
instruction for the same security are validated in the Euroclear System, and at least one of the instructions is
selected for processing.
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(b) The quantity of linked securities available in a particular linked set is the sum of the quantities of securities
in:
(i) executed linked receipt instruction, plus any refused linked delivery instructions, regardless of whether
all the securities originally debited were linked or not, plus any executed receipt instructions that are not
linked, to the extent that the securities are credited in replacement of linked securities previously debited in
respect of the recall by a Lender of a Loan;
(ii) less the sum of the quantity of securities in executed linked delivery instructions; and Requested
Recalls, as described in Section 22.
(c) Any linked securities debited to a Participant’s Securities Clearance Account in response to a Requested
Recall, as described in Section 22, shall be deemed to continue to be linked securities for the purpose of the
continued existence of a linked set, until the credit to the Securities Clearance Account of replacement
securities. Such debited securities are not available for the execution of linked delivery instructions.
(d) Any valid qualifying instruction to receive or to deliver securities received by Euroclear Bank from the
Participant bearing the same linking reference as such linked instruction to deliver shall also be a linked
instruction in the same linked set.
(i) securities are debited to the Securities Clearance Account as a result of an Overnight Securities
Settlement Processing or in the Real-time Processing in execution of an instruction to deliver securities; or
(ii) at the beginning of the First Overnight Securities Settlement Processing or in the Real-time Processing
after the execution or cancellation of an instruction to deliver securities;
there remains no other instruction to deliver securities for which securities have not been debited to the
Securities Clearance Account, then at the same time any linked instruction to receive that remains in the
backlog of unexecuted instructions shall cease to be processed as (either no link or link has fallen) a linked
instruction, and any linked securities shall cease to be linked securities.
(f) In addition, no qualifying instruction received after the time specified in (e) above shall be part of the linked
set which included such previously linked instruction, even if bearing the same linking reference. Such
instructions may, however, form part of a new linked set.
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(g) For instructions to be and remain linked in accordance with the above, at least one valid, linked receipt
instruction and one valid, linked delivery instruction, both with the same linking reference, must be present in
the Euroclear System. Therefore, in order to maintain a linkage:
(i) at the moment when securities, which are received in execution of a linked receipt instruction, are
credited to the Securities Clearance Account, there must be a valid delivery instruction with the same
linking reference which has not yet been successfully positioned or cancelled, and
(ii) at the moment when a linked delivery instruction is positioned, there must be a valid receipt instruction
with the same linking reference which is awaiting execution and has not been cancelled or which has
already been executed with a resulting credit of securities to the Securities Clearance Account.
(b) However, if for such issue there remain in the backlog of unexecuted instructions any linked instructions,
any such instructions which continue to satisfy the conditions set forth above remain linked instructions.
(i) any instructions for new securities which have a linking reference are cancelled and replaced by similar
instructions for old securities with the same linking reference; and
(ii) any linked new securities are debited and the same quantity of old securities credited, thus replacing the
linked set for the new securities with a similar linked set for the old.
(b) To debit securities in respect of a delivery instruction that is not a linked instruction there must be sufficient
securities that are not linked securities available.
(c) To debit securities in respect of a linked delivery instruction at any time there must be sufficient linked
securities under the same linking reference available, except that if there are insufficient linked securities
available at the time of positioning such linked delivery instruction, and no linked instruction to receive in the
backlog of unexecuted instructions, such linked delivery instruction is executed if sufficient securities that are
not linked are available to cover the difference between the quantity of securities of such instruction and the
quantity of linked securities available.
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(d) All delivery instructions in respect of Custody Operation instructions are deemed to be not linked and,
therefore, are processed as such. However, if Euroclear Bank takes any action in respect of a Corporate Event:
(i) for all securities for which, having informed the relevant Participant by means of a DACE notice that its
instruction is required for action to be taken, it has not received timely Custody Operation instructions; or
(ii) for all securities for which no holder action is required,
(e) If the quantity of securities blocked is not less than the quantity of securities that are not linked, a linked
delivery instruction can be executed to the extent that:
(i) the total quantity of securities standing to the credit of the Securities Clearance Account (including both
linked securities and those that are not linked) is more than the amount blocked and such excess is
sufficient to allow the execution of the instruction;
(ii) there are under the same linking reference sufficient linked securities.
(f) If the quantity of securities blocked is not less than the quantity of securities that are not linked, a delivery
instruction that is not linked cannot be executed.
(g) If the quantity of securities blocked is less than the quantity of securities that are not linked:
(i) a linked delivery instruction can be executed to the extent that there are sufficient linked securities under
the same linking reference, except that if there are insufficient linked securities available at the time of
positioning such linked delivery instruction and no linked instruction to receive in the backlog of
unexecuted instructions, such linked delivery instruction is executed if the quantity of securities that are not
linked exceeds the quantity of securities that are blocked by sufficient quantity of securities to cover the
difference between the quantity of securities of such instruction and the quantity of linked securities
available;
(ii) a delivery instruction that is not linked can be executed to the extent that the quantity of securities that
are not linked exceeds the quantity of securities that are blocked and such excess is sufficient to allow the
execution of the instruction.
(h) In all cases, i.e. whether the quantity of securities blocked is less than equal to or greater than the quantity
of securities which are not linked, then the execution of such instruction is subject to the satisfaction of any
relevant Settlement Conditions, and if there are insufficient securities to allow the execution of all relevant
instructions, the determination of which are executed is as set forth in Section 12.6.
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14 Operating Procedures
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Part II- Services
Part II - Services
B. Custody
C. Money Transfer
Operating Procedures
January 1, 2001
Part II - Services - A -Securities Clearance and Settlement
Table of contents
Operating Procedures
June 16, 2003
Part II - Services - A -Securities Clearance and Settlement Section 13 - Internal settlement
Table of contents
Operating Procedures
January 29, 2007
Part II - Services - A -Securities Clearance and Settlement Section 13 - Internal settlement
13.2.2 Deadlines
(a) Internal instructions must be received by Euroclear Bank by:
(i) the Input Deadline, one Business Day before the intended settlement date (i.e. S-1) in order to be
included in the Overnight Securities Settlement Process dated S; and
(ii) the Input Deadline on the intended settlement date (i.e. S) in order to be included in the Real-time
Processing dated S.
(b) Any internal instruction received after the applicable deadline shall be regarded as having been received for
processing in the next Processing for which it is eligible.
13.2.3 Validation
(a) After authentication of input, internal instructions must be validated before being selected for submission to
a Processing. The validation general rules are as described in Section 6.
(b) If validation is successful, the internal instruction is submitted to further processing.
(c) If validation is unsuccessful, the internal instruction is not accepted for further processing and is cancelled
by Euroclear Bank. The Participant is notified thereof.
(d) Participants may cancel a successfully validated internal instruction as set out in Section 6.6.
13.2.4 Matching
(a) An internal receipt instruction must match with an internal delivery instruction, and an internal delivery
instruction must match with an internal receipt instruction (except for Free of Payment Delivery Without
Matching instructions which do not require matching). The Participant assumes the risk of transferring or
delivering securities to a counterparty without matching. Euroclear Bank does not accept any liability for any
direct or indirect consequences of the use of Free of Payment Delivery Without Matching instructions by
Participants).
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(b) The process of matching an internal instruction consists of comparing the matching fields included in an
instruction from a Participant with the matching fields in another instruction from a Participant.
(c) If matching fields are identical, or if any difference is within the tolerances specified below, the instruction
is matched. If a matching field is missing or is present in both instructions but there is a difference which is
greater than any applicable specified tolerance, the instruction is unmatched.
(d) Information derived from the matching process is included in the reports of unexecuted instructions, as
described in the Euroclear Documentation. The reporting of the matched or unmatched status of an unexecuted
instruction reflects a situation which exists at a particular moment and does not indicate that any other
Settlement Conditions in respect thereof are fulfilled or will be fulfilled at any subsequent time.
(a) The quantities of securities in the two instructions must be identical. Partial amounts will not be aggregated
for the purposes of matching.
(b) Cash countervalues must be identical, except that if there is a discrepancy between the cash countervalues
of internal instructions not greater than USD 25.00 or the equivalent in other Settlement Currencies, as
determined by Euroclear Bank in its sole discretion, the instructions will be deemed to match. The
countervalue indicated by the seller will be used for execution. In the event that several instructions match
except for discrepancies in the cash countervalues, the instruction with the smallest discrepancy at the time of
matching is considered as matched.
(c) Optional fields other than trade date and trade price, as described in Euroclear Documentation, if present,
will be compared and reported if the values are different, but any difference between the two values will not
cause the instructions to be considered as unmatched.
(d) Trade data and trade price must match if present in both instructions.
(e) Trade price must match up to and including the fifth digit of decimals. If there is a discrepancy only
between the sixth digit of decimals of the two trade price amounts, the instructions will be deemed to match,
disregarding the sixth digit.
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Part II - Services - A -Securities Clearance and Settlement Section 13 - Internal settlement
(b) Internal instructions which are considered ‘unmatched’ are put into the backlog of unexecuted instructions
and recycled until matched or cancelled.
(b) All internal instructions are eligible for submission to an Overnight Securities Settlement Processing.
(c) Internal instructions to receive or deliver securities which have been selected for submission to a processing
before 13:30 are always eligible for submission to the Real-time Processing even though they do not contain a
Daylight Indicator. After the Securities Lending and Borrowing process, only internal instructions with a
Daylight Indicator are eligible for submission to the Real-time Processing, provided that where matching is
required both the instruction to deliver securities and the instruction to receive securities must include such
Daylight Indicator in order for such instructions to be selected for submission to the Real-time Processing.
(d) If the settlement date in the instruction is not a Business Day, the instruction is selected for submission to
the first eligible Processing dated the next Business Day.
13.2.6 Positioning
Once an internal instruction has been selected for submission to a Processing, instructions are sequenced in
accordance with the rules set forth in Section 12, taking into account the Participant’s priorities and options.
Upon such sequencing, the internal instruction will be positioned in accordance with the rules in this
Section 13.2.6.
For an internal delivery instruction, the Participant to be debited with securities must have sufficient available
securities of the issue standing to the credit of its Securities Clearance Account to meet the instruction. For the
rules on availability of securities, see Section 9.
A Participant to be debited with cash must have in the appropriate subdivision of its Cash Account sufficient
available funds of the Settlement Currency, or sufficient provision for such funds, to meet the instruction. For
the rules on availability of funds, see Section 9.
Participant to be debited with cash or securities and using secured credit made available to it by Euroclear
Bank in its separate banking capacity must have sufficient collateral, as determined by Euroclear Bank in its
separate banking capacity, to meet the instruction.
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(b) The instructions which may be considered as System-Linked instructions are the following:
(c) The amount of securities indicated in the receipt and delivery instructions need not to be the same.
(d) In order for the receipt and delivery instructions to be successfully positioned, the Participant which inputs
the System-Linked instructions must have:
(i) sufficient available securities standing to the credit of its Pivotal Securities Clearance Account to meet
the delivery instruction (including the securities to be credited as a result of the execution of the receipt
instruction which forms part of the System-Linked instruction);
(ii) sufficient funds or provision for such funds of the Settlement Currency in the appropriate subdivision of
the Cash Account related to the Pivotal Securities Clearance Account to meet the receipt instruction
(including the cash to be credited as a result of the execution of the original delivery instruction).
(e) This module performs a technical netting of cash movements related to one or more purchase failed for lack
of cash or credit (for internal clearances or Bridge receipts) with one or more onward sale failed for lack of
securities to another Euroclear Participant account (i.e. an internal clearance). Participants can request a
blocking by Euroclear Bank if there are specific securities that they would prefer are not subject to the
technical netting procedure.
(b) The amount of securities indicated in the Linked Reimbursement and receipt instruction need not be the
same.
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Part II - Services - A -Securities Clearance and Settlement Section 13 - Internal settlement
(c) In order for a Linked Reimbursement to be successfully positioned and in order to reimburse any part of the
Borrowing, there must be sufficient securities of the issue to be credited in respect of the receipt instruction
available in the Securities Clearance Account; or, subject to timely notification to Euroclear Bank that
securities have been received in the Euroclear System as described in Section 15.2 and in order to make the
payment against the receipt of securities, there must be sufficient available funds or provision of funds of the
Settlement Currency in the appropriate subdivision of the relevant Cash Account, taking into account the
reduction in credit usage resulting from the reimbursement of the Borrowing.
(i) an internal instruction which is eligible for Overnight Securities Settlement Processing is executed as a
result of the Overnight Securities Settlement Processing in which the instruction satisfies the Settlement
Conditions; and
(ii) an internal instruction which is eligible for Real-time Processing is executed in the Real-time
Processing in which the instruction satisfies the Settlement Conditions.
(b) All instructions that remain in the backlog of unexecuted instructions continue to be entered in subsequent
Processings for which they are eligible until executed or cancelled in accordance with Section 6.6 and
Section13.5 below.
(b) In addition, if a Participant requests the closing of his Securities Clearance Account and related Cash
Account, Euroclear Bank will request the Participant to send all instructions necessary to allow the transfer, to
an account either inside or outside the Euroclear System, of all securities or cash standing to the credit of the
Participant' Securities Clearance Account or Cash Account. If there remain no securities or cash standing to
the credit of the Participant’s Securities Clearance Account or Cash Account, Euroclear Bank will cancel all
pending internal instructions, either from the Participant or from a counterparty which used in such
instructions the number of the Participant’s Securities Clearance Account which is being closed.
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(i) for receipt of securities, a credit to the Securities Clearance Account and, if against payment, a debit to
the related Cash Account, value the date of the relevant Processing (other than as set out in 13.6.1. below);
and
(ii) for delivery of securities, a debit to the Securities Clearance Account and, if against payment, a credit to
the related Cash Account, value the date of the relevant Processing (other than as set out in 13.6.1 below).
(b) Section 8 sets forth the circumstances in which credits and debits may be reversed by Euroclear Bank.
(c) For purposes of this Section 13, “records” refers to the records of Euroclear Bank located in Belgium.
Participants should be aware that on a temporary basis and under exceptional circumstances, Euroclear Bank
in its sole discretion may rely on records located outside Belgium. In such circumstances where Euroclear
Bank would decide to rely on such records, such records are deemed to be located in Belgium for the purpose
of this Section 13.
13.7 Settlement
Settlement of an internal transaction occurs:
(i) for the Overnight Securities Settlement Process, upon completion of the Overnight Securities Settlement
Processing as a result of which the instruction is successfully executed;
(ii) for the Real-time Processing, at the moment of successful execution and the simultaneous generation of
records.
13.8 Finality
The settlement of an internal transaction is final upon execution and generation of records. Therefore, the
simultaneous transfer of securities and transfer of cash (if against payment) are final at such time.
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Part II - Services - A - Securities clearance and settlement Section 14 - Bridge settlement
Table of contents
Operating Procedures
November 15, 2004
Part II - Services - A - Securities clearance and settlement Section 14 - Bridge settlement
Operating Procedures
November 15, 2004
Part II - Services - A - Securities clearance and settlement Section 14 - Bridge settlement
Operating Procedures 1
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Part II - Services - A - Securities clearance and settlement Section 14 - Bridge settlement
(b) Pursuant to the terms of the Bridge Agreement, each receiving settlement system is obliged to ensure that
the cash countervalue of the accepted deliveries from the other settlement system does not exceed the amount
of the applicable letter of credit (or other collateral) issued in favour of the delivering settlement system plus
the cash countervalue of the next deliveries to be proposed by the receiving settlement system. The terms of the
Bridge Agreement require the receiving settlement system to refuse to accept deliveries for which the cash
countervalue would exceed this threshold.
(c) The Bridge Agreement provides that each delivering settlement system will ensure that this limitation has
been correctly applied by the receiving settlement system for each relevant Delivery Transmission. The
delivering settlement system will then send a transmission (a “Verification Communication”) to the receiving
settlement system confirming or not that such limitation was correctly applied for the relevant Delivery
Transmission.
(d) Participants should be aware that the effect of the risk management procedures may be that Bridge
instructions will settle in the Real-time Processing rather than the Overnight Securities Settlement Process.
Participants are advised to plan accordingly taking into account the possible delay in settlement for Bridge
instructions. Euroclear Bank does not guarantee the time for settlement of any Bridge instruction and accepts
no liability for any losses that arise due to any delay of settlement of Bridge instructions.
(e) Exceptionally, it may also be the case that Bridge instructions do not settle on a given settlement date due to
the risk management procedures. Euroclear Bank endeavours to ensure that the deliveries and receipts of
securities over the Bridge is effected on the date instructed by the Participant, but accepts no liability if such
Bridge instruction or operation requiring a delivery is not executed on such date.
14.2.2 Deadlines
(a) In order to be included in the Processing for a given Business Day (i.e. S), Bridge instructions must be
received by Euroclear Bank by the Input Deadline:
(i) the applicable Input Deadline, one Business Day before the intended settlement date (i.e. S-1) in order to
be included in the Overnight Securities Settlement Process dated S; and
(ii) the applicable Input Deadline on the intended settlement date (i.e. S) in order to be included in the
Real-time Processing dated S.
(b) A Bridge instruction received after the applicable Input Deadline shall be regarded as having been received
for processing in the next Processing for which it is eligible.
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Part II - Services - A - Securities clearance and settlement Section 14 - Bridge settlement
14.2.3 Validation
(a) After authentication of input, Bridge instructions must be validated before being selected for submission to
an Overnight Securities Settlement Processing or Real-time Processing. The validation general rules are as
described in Section 6.
(c) If validation is unsuccessful, the Bridge instruction is not accepted for further processing and is cancelled
by Euroclear Bank. The Participant is notified thereof.
(d) Participants may cancel a successfully validated Bridge instruction as set out in Section 6.6.
14.2.4 Matching
(a) In order for an instruction to match, and be submitted for further processing, it must first be included in a
prematching transmission. Neither any prematching transmission by Euroclear Bank to Clearstream, nor any
prematching transmission by Clearstream to Euroclear Bank, is part of the book-entry exchange process
described in 14.1.1 above.
(b) A Bridge receipt instruction must match with a delivery instruction from Clearstream and a Bridge delivery
instruction must match with a receipt instruction from Clearstream except for Free of Payment Delivery
Without Matching instructions which do not require matching. The Participant assumes the risk of transferring
or delivering securities to a counterparty without matching. Euroclear Bank does not accept any liability for
any direct or indirect consequences of the use of Free of Payment Delivery Without Matching instructions by
Participants.
(c) The process of matching a Bridge instruction consists of comparing the matching fields included in an
instruction from a Participant with the matching fields in an instruction from Clearstream.
(d) If matching fields are identical, or if any difference is within the tolerances specified below, the instruction
is matched. If a matching field is missing or is present in both instructions but there is a difference which is
greater than any applicable specified tolerance, the instruction is unmatched.
(e) When a valid Bridge instruction from a Participant is received that requires matching, a corresponding
matching instruction from Clearstream is sought amongst the unmatched instructions in the backlog of
unexecuted instructions. If there is no matching instruction from Clearstream present, the new instruction is
added to the backlog as “unmatched”. If there is a matching instruction, the two instructions are retained
together as “matched”.
(f) When a valid instruction from Clearstream is received via a prematching transmission from Clearstream, a
matching instruction is sought among the unmatched instructions from Participants in the backlog of
unexecuted instructions for each valid instruction in the transmission. If there is no matching instruction from
a Participant present, the new valid prematching instruction from Clearstream is added to the backlog as
“unmatched”. If there is a matching instruction, the two instructions are retained together as “matched”.
(g) Information derived from the matching process is included in the reports of unexecuted instructions, as
described in the Euroclear Documentation. The reporting of the matched or unmatched status of an
unexecuted instruction reflects a situation which exists at a particular moment and does not indicate that any
other Settlement Conditions in respect thereof are fulfilled or will be fulfilled at any subsequent time.
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Part II - Services - A - Securities clearance and settlement Section 14 - Bridge settlement
(i) Participant and counterparty identification (Securities Clearance Account number in the case of the
Participant and coded identification in the case of the counterparty in Clearstream);
(ii) Quantity of securities;
(iii) Security Code;
(iv) Cash countervalue, currency and amount (for against payment instructions only);
(v) Settlement date.
(a) The quantities of securities in the two instructions must be identical. Partial amounts will not be aggregated
for the purposes of matching.
(b) The cash countervalues must be identical, except that, if there is a discrepancy between the cash
countervalues of Bridge instructions not greater than USD 25.00 or the equivalent in Bridge Currencies, as
determined by Euroclear Bank in its sole discretion, the instructions will be deemed to match. The
countervalue indicated by the seller will be used for execution. In the event that several instructions match
except for discrepancies in the cash countervalues, the instruction with the smallest discrepancy at the time of
matching is considered as matched.
(c) Optional fields other than trade date and trade price, as described in the Euroclear Documentation, if
present, will be compared and reported if the values are different, but any difference between the two values
will not cause the instructions to be considered as unmatched.
(d) Trade date and trade price must match if present in both instructions.
(e) Trade price must match up to and including the fifth digit of decimals. If there is a discrepancy only
between the sixth digit of decimals of the two trade price amounts, the instructions will be deemed to match,
disregarding the sixth digit.
(b) Bridge instructions which are considered “unmatched” are put into the backlog of unexecuted instructions
and recycled until matched or cancelled.
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Part II - Services - A - Securities clearance and settlement Section 14 - Bridge settlement
14.2.5.1 Receipts
(a) A valid Bridge receipt instruction which has been matched as necessary is put into the backlog of
unexecuted instructions until a corresponding delivery instruction is proposed by Clearstream in a Clearstream
Delivery Transmission.
(b) For each delivery instruction included in the Clearstream Delivery Transmission, the equivalent delivery
instruction as sent previously in a prematching transmission from Clearstream is sought within the backlog of
unexecuted matched instructions, as set out below:
(i) if such equivalent delivery instruction cannot be found or there is no matching receipt instruction from a
Participant, Clearstream’s proposed delivery instruction will be refused;
(ii) if such equivalent delivery instruction can be found and is matched with a Participant’s receipt
instruction, Clearstream’s proposed delivery instruction and the Participant’s receipt instruction are
selected for submission to the next Overnight Securities Settlement Process or the following Real-time
Processing.
(c) Bridge receipt instructions must include the Daylight Indicator to be eligible for settlement during the
Optional Bridge Settlement Processing.
14.2.5.2 Deliveries
(a) A valid Bridge delivery instruction which has been matched as necessary is put into the backlog of
unexecuted matched instructions until it is submitted to the Processing dated the settlement date in the
instruction.
(b) If the settlement date in a Bridge delivery instruction is not a Business Day, the instruction is selected for
submission to the Processing dated the next Business Day.
(c) Bridge delivery instructions must include the Daylight Indicator to be eligible for settlement during the
Optional Bridge Settlement Processing.
14.2.6 Positioning
(a) Once a Bridge instruction has been selected for submission to an Overnight Securities Settlement
Processing, it is sequenced in accordance with the rules applicable to the Overnight Securities Settlement
Process as set forth in Section 12, after taking into account the Participant’s priorities and options, as
applicable to the Overnight Securities Settlement Process.
(b) If a Bridge delivery instruction remains unsettled after the last batch process of the Overnight Securities
Settlement Process for a given settlement date, the positioning will be cancelled at the beginning of the Real-
time Processing for such settlement date. Euroclear Bank will then automatically re-submit the Bridge delivery
instruction for positioning for settlement in such Real-time Processing.
(c) If a Bridge delivery instruction remains unsettled at the end of the Real-time Processing on a given
Business Day, Euroclear Bank will automatically cancel the positioning. Unless cancelled by the Participant,
such Bridge delivery instruction will be recycled (i.e. re-submitted for positioning) at the start of the next
Overnight Securities Settlement Process for the next successive Business Day.
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Part II - Services - A - Securities clearance and settlement Section 14 - Bridge settlement
(d) Once a Bridge instruction has been selected for submission to the Real-time Processing, it is sequenced in
accordance with the rules applicable to the Real-time Processing as set forth in Section 12, after taking into
account the Participant’s priorities and options, as applicable to the Real-time Processing. The positioning of
such Bridge delivery instructions is not reversed until:
(i) for Bridge delivery instructions that are not eligible for the Optional Bridge Settlement Processing,
receipt of the second to last Feedback Transmission from Clearstream during the Real-time Processing on
the relevant Business Day; or
(ii) for Bridge delivery instructions that are eligible for the Optional Bridge Settlement Processing, receipt
of the last Feedback Transmission from Clearstream during the Optional Bridge Settlement Processing on
the relevant Business Day.
For a Bridge delivery instruction, the Participant to be debited with securities must have sufficient available
securities of the issue standing to the credit of its Securities Clearance Account to meet the instruction. For the
rules on availability of securities, see Section 9. For an against payment Bridge delivery instruction, Euroclear
Bank will then check whether Clearstream has sufficient credit or collateral, as determined by Euroclear Bank
in its sole discretion, to meet the instruction.
For a Bridge receipt instruction, a Participant to be debited with cash must have in the appropriate subdivision
of its Cash Account sufficient available funds of the Bridge Currency, or sufficient provision for such funds, to
meet the instruction. For rules on availability of funds, see Section 9. For an against payment Bridge
instruction, Euroclear Bank will then apply the risk management procedures as required by the Bridge
Agreement and as described in Section 14.1.2. Euroclear Bank will not accept such a Bridge receipt
instruction if the acceptance thereof would cause Clearstream’s credit exposure on Euroclear Bank to exceed
the applicable letter of credit (or other collateral) provided by Euroclear Bank in favour of Clearstream.
A Participant to be debited with cash or securities and using secured credit made available to it by Euroclear
Bank in its separate banking capacity must have sufficient collateral, as determined by Euroclear Bank in its
sole discretion, to meet the instruction.
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Part II - Services - A - Securities clearance and settlement Section 14 - Bridge settlement
(b) After processing of a Bridge receipt instruction, a Euroclear Feedback Transmission is sent to Clearstream
indicating which of Clearstream’s proposed deliveries have been executed and which have been refused.
(c) If positioning is successful, a Bridge delivery instruction is executed as a result of the first Processing in
which the instruction satisfies the Settlement Conditions.
(d) Upon completion of each Overnight Securities Settlement Processing and at certain points of time during
the Real-time Processing, Euroclear Bank transmits to Clearstream for processing a Euroclear Delivery
Transmission containing all Bridge delivery instructions successfully positioned by such time.
(e) After Clearstream’s processing, Clearstream informs Euroclear Bank by a Clearstream Feedback
Transmission whether each instruction in the Euroclear Delivery Transmission is accepted or not by
Clearstream.
(b) For Bridge deliveries, no proposed delivery instruction is sent to Clearstream. Such instructions are re-
submitted for positioning automatically.
(c) All Bridge instructions that remain in the backlog of unexecuted instructions continue automatically to be
entered in subsequent processings for which they are eligible until executed or cancelled in accordance with
Section 6.6 and this Section 14.
(d) A proposed receipt included in a Clearstream Delivery Transmission that fails to be executed may be
included in a later Clearstream Proposed Delivery Transmission.
(b) In addition, if a Participant requests the closing of his Securities Clearance Account and related Cash
Account, Euroclear Bank will request the Participant to send all instructions necessary to allow the transfer, to
an account either inside or outside the Euroclear System, of all securities or cash standing to the credit of the
Participant’s Securities Clearance Account or Cash Account. If there remain no securities or cash standing to
the credit of the Participant’s Securities Clearance Account or Cash Account, Euroclear Bank will cancel all
pending Bridge instructions, either from the Participant or from a counterparty which used in such instructions
the number of the Participant’s Securities Clearance Account.
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Part II - Services - A - Securities clearance and settlement Section 14 - Bridge settlement
(c) Except in the event of an issuer default, Euroclear Bank will cancel pending Bridge instructions as of the
final maturity date.
(b) During the Real-time Processing, successfully positioned Bridge delivery instructions can be cancelled by
the Participant only after the proposed delivery has been refused by Clearstream. Upon receipt of each
Feedback Transmission, all proposed Bridge delivery instructions that have been refused by Clearstream for
which a cancellation is pending will be cancelled.
(b) Upon receipt of a Clearstream Feedback Transmission during the Overnight Securities Settlement Process
indicating that a proposed Bridge delivery has been refused by Clearstream, provisionally debited securities are
re-credited to the Securities Clearance Account from which they were debited and the related Transit Account
is debited in the next available Processing. If the attempted delivery was against payment, a cash amount
equivalent to the provisional credit related to the Bridge delivery is debited from the relevant Cash Account
with the same value as the original provisional credit.
(c) Upon receipt of the last Clearstream Feedback Transmission during the Real-time Processing indicating
that a proposed Bridge delivery has been refused by Clearstream, provisionally debited securities are re-
credited to the Securities Clearance Account from which they were debited and the related Transit Account is
debited. If the attempted delivery was against payment, a cash amount equivalent to the previous credit is
debited from the relevant Cash Transit Account with the same value as the original credit.
14.7.1 Receipts
(a) As a result of the Processing in which a Bridge receipt instruction is successfully executed, the following
records are generated (value the date of the relevant Processing, other than as set out in Section 14.7.3 below):
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Part II - Services - A - Securities clearance and settlement Section 14 - Bridge settlement
14.7.2 Deliveries
(i) provisional debit to the Securities Clearance Account and credit to Transit Account; and
(ii) if against payment, provisional credit to the related Cash Account pending receipt of a Clearstream
Feedback Transmission.
(b) Credits and debits of securities to Transit Accounts resulting from Bridge deliveries are reported as
“Transit Account Out” in the Statement of Transactions, as described in the Euroclear Documentation.
(c) Securities remain credited to the Transit Account until Euroclear Bank receives notification from
Clearstream of confirmation of acceptance or refusal of such delivery by Clearstream.
(i) provisional debit to the Securities Clearance Account and credit to the Transit Account; and
(ii) if against payment, provisional credit to the related Cash Transit Account.
(b) Credits and debits of securities to Transit Accounts resulting from Bridge deliveries are reported as
“Transit Account Out” in the Statement of Transactions, as described in the Euroclear Documentation.
(c) Securities remain credited to the Transit Account until Euroclear Bank receives notification from
Clearstream of confirmation of acceptance or refusal of such delivery by Clearstream in the last Feedback
Transmission.
(d) Upon confirmation of the acceptance of an against payment Bridge delivery instruction by Clearstream, the
following records are generated:
(e) Upon confirmation of the refusal of an against payment Bridge delivery instruction by Clearstream in the
last Feedback Transmission of the Real-time Processing for a given Business Day, the following records are
generated:
Participants should note that no records are generated upon receipt of a Clearstream Feedback Transmission
during the Real-time Processing indicating that a particular Bridge delivery instruction has been refused until
the last Clearstream Feedback Transmission of the Real-time Processing for such Business Day.
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(b) Back Value may also be applied, subject to the conditions set forth in Section 16.5, to Bridge instructions
selected for processing in the Overnight Securities Settlement Process that settle in the Real-time Processing.
14.8 Settlement
14.8.1 Receipts
Settlement of a Bridge receipt transaction occurs upon completion of the Processing as a result of which the
instruction is successfully executed and the related Euroclear Feedback Transmission is received by
Clearstream.
14.8.2 Deliveries
Settlement of a Bridge delivery transaction occurs upon completion of the Processing as a result of which the
instruction is successfully executed and the related Clearstream Feedback Transmission, including
confirmation of acceptance, is received by Euroclear Bank.
14.9.1 Receipts
Notwithstanding that credits or debits may be reported to Participants as final or provisional, the settlement of
a Bridge receipt transaction during the Overnight Securities Settlement Process is final upon the following
conditions:
(b) the receipt by Clearstream of the next Euroclear Delivery Transmission, if any; and
(c) either:
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Part II - Services - A - Securities clearance and settlement Section 14 - Bridge settlement
14.9.2 Deliveries
The settlement of a Bridge delivery transaction during the Overnight Securities Settlement Process is final
upon the following conditions:
(a) the receipt by Euroclear Bank of the corresponding Clearstream Feedback Transmission;
(b) the receipt by Euroclear Bank of the next Clearstream Delivery Transmission, if any; and
(c) either:
14.10.1 Receipts
Notwithstanding that credits or debits may be reported to Participants as final or provisional, the settlement of
a Bridge receipt transaction during the Real-time Processing is final when the applicable credit of securities is
recorded in the relevant Securities Clearance Account by Euroclear Bank.
14.10.2 Deliveries
The settlement of a Bridge delivery transaction during the Real-time Processing is final when applicable credit
of securities is recorded by Clearstream. Therefore, the simultaneous transfer of securities and transfer of cash
(if against payment) are final at such time. Participants should note that Euroclear Bank becomes aware of the
finality of such Bridge delivery transaction upon its receipt of the relevant Clearstream Feedback
Transmission. Accordingly, the relevant cash with respect to a Bridge delivery transaction may not be
available for use by the Participant until after the receipt of such Clearstream Feedback Transmission.
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Part II - Services - A - Securities clearance and settlement Section 15 - External settlement
Table of contents
Operating Procedures
April 14, 2008
Part II - Services - A - Securities clearance and settlement Section 15 - External settlement
Operating Procedures
April 14, 2008
Part II - Services - A - Securities clearance and settlement Section 15 - External settlement
(b) Instructions for external settlement are external instructions. Euroclear Bank accepts external instructions only in
respect of eligible Securities (see Section 4).
(c) External settlement transactions can be settled in the local market through the Euroclear System either against
payment or free of payment, depending on the link with the domestic market and as specified in the Euroclear
Documentation. Securities eligible for external settlement against payment through the Euroclear System for a given
local market are indicated in the relevant country section of the current Euroclear Documentation. Payment may be
made only in the Settlement Currency of the country of the Specialised Depositary for all securities, except if
otherwise indicated in the Euroclear Documentation.
(d) The transfer of a Multi-listed Security credited to a Securities Clearance Account from a Remote market to the
Home market for credit to the same Securities Clearance Account (or vice-versa) (“Cross-market Realignment”) is
treated as two successive external settlement instructions following each local market’s instruction formats, input
deadlines, recycling and cancellation rules and other rules otherwise applicable to Settlement in that local market as
specified in the relevant section of the Euroclear Documentation.
(e) For some external instructions, local market rules or practices may result in an irrevocable commitment for
Euroclear Bank, directly or indirectly via its Depositary or Other Clearance System, to pay cash (for a Receipt) for the
settlement in the local market, either:
(i) once the relevant external instruction has been selected by Euroclear Bank for transmission, and has been
transmitted, to the local market, or
(ii) as from the trade date of a stock exchange transaction in markets where such transaction is automatically fed
by the stock exchange into the local Clearance System; or
(iii) on such other time as may be specified in the relevant local market rules.
With regard to such a pre-settlement commitment relating to a Receipt, Euroclear Bank’s exposure on the relevant
Participant generated by this pre-settlement commitment constitutes an extension of credit from Euroclear Bank to
such Participant. Such credit extensions are subject to the General Conditions governing Extensions of Credit to
Participants and to any collateral arrangements entered into between Euroclear Bank acting in its separate banking
capacity and such Participant.
Where Euroclear Bank has extended credit to Participant as a result of pre-settlement commitment as described above
relating to a Receipt, Participant pledges its contractual claims against Euroclear Bank for the delivery of the
securities to be received from the local market in accordance with Section 10.1 and without prejudice to existing
collateral arrangements between Euroclear Bank and the Participant. Such contractual claims for the delivery of the
securities to be received from the local market are also included in the statutory lien referred to in Section 10.1(a).
Euroclear Bank’s own books and records (whether kept on paper, microfilm, microfiche, by electronic or magnetic
recording, in any other mechanically reproducible form or otherwise) shall be deemed to constitute sufficient evidence
of any credit claim of Euroclear Bank against the relevant Participant relating to pre-settlement commitments in the
local market as well as of any contractual claim of the relevant Participant against Euroclear Bank for the delivery of
securities to be received from a local market.
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(b) In accordance with Section 10.3, Participants are required to comply with local laws and requirements of
governing documentation of issues.
(c) Euroclear Bank accepts no liability for any consequences of the execution or non-execution of receipt or delivery
against payment instructions arising from the lack of simultaneity of exchanges of cash and securities, the lack of
delivery versus payment in the local market, failure to obtain agreement to the matching of instructions or delays or
failures of local settlements.
(d) It is the responsibility of Participants to inform themselves about the risks of holding or settling in securities that
settle in local markets, including, without limitation, whether transactions settle on a delivery-versus-payment basis or
not, what the rules on finality of transfers are, and what the risk for application of loss sharing provisions in the local
market is, and all and any information that Euroclear Bank makes available in this respect to Participants is for mere
information only and Euroclear Bank accepts no liability for the inaccuracy or incompleteness of such information.. In
particular, for certain categories of Multi-listed Securities traded and settled in a Remote Market, as specified in the
Euroclear Documentation in relation to Multi-listed Securities, Euroclear Bank may restrict its services to all or part
of the standard services offered by the Remote Market’s Clearance System, without any guarantee or liability,
whatsoever, from Euroclear Bank for the use of such Other Clearance System (in particular its rules, procedures and
links with the Home Markets) for holding or settling such Remote Securities. In addition, the range and the level of
services provided by Euroclear Bank may differ from the services usually provided in respect of similar securities
deposited by Euroclear Bank with a Specialized Depositary or Other Clearance System established in the country of
issue of the securities.
(b) Such limits, which are determined by the relevant party in each market, taking into account economic and
financial considerations, including credit considerations or credit management (by third party credit provider and/or
by Euroclear Bank), may cause the failure of settlement instructions to settle on a given settlement date.
(c) If at any time the application of such a limit or restrictive conditions means that some transactions settle and
others do not, the determination of which may settle and which not, where performed by Euroclear Bank, is done with
a view to maximising overall settlement efficiency. Euroclear Bank accepts no liability in respect of any Participant's
instruction that, although having met the Settlement Conditions, fails to settle or is delayed as a result of such limits
or restrictive conditions, including on account of credit or collateral provision constraints or management.
(b) Notwithstanding any provisions set out herein, nothing contained in the Operating Procedures creates or shall be
deemed to create any obligation on the part of Euroclear Bank to any depositor of securities into the Euroclear System
for credit to the Securities Clearance Account of a Participant or constitute Euroclear Bank as an agent of such
depositor in respect of such securities.
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(b) Securities held in dematerialised, registered or electronic or other book-entry form (including securities which may
also be represented by physical certificates at the holder's option, if such certificates are not accepted for deposit in the
Euroclear System) may be deposited into the Euroclear System only by book-entry transfer, as described in the
relevant country section of the Euroclear Documentation under the heading “Specific instruction requirements” or
directly held on the books of the issuer, the registrar or its agent by Euroclear Bank.
(c) American Depositary Receipts (ADRs) issued by Euroclear Bank and representing shares accepted in the
Euroclear System may be deposited only for cancellation and delivery of such shares at the Depositary located in New
York.
(d) Participants hereby consent to the appointment of the Depositaries and other Clearances Systems listed in the
Euroclear Documentation.
15.2.2 Criteria for acceptance of securities, including securities realigned after Bridge
settlement
(a) Under arrangements between Euroclear Bank and each Depositary, the Depositary initially receiving securities
does not accept the receipt of securities for the account of Euroclear Bank unless:
(i) the securities are of an issue accepted for deposit in the Euroclear System (see Section 4) and conform to the
information on such securities shown on the delivery advice; and
(ii) the Securities Clearance Account number is indicated and corresponds to the name of the Participant shown on
the delivery advice.
(b) Euroclear Bank will not accept securities received by an Other Clearance System in which it has a direct account,
for delivery for the account of Euroclear Bank, unless:
(i) the securities are of an issue accepted for deposit in the Euroclear System (see Section 4); and
(ii) Euroclear Bank is able to identify the Securities Clearance Account to be credited with the securities.
(c) In addition, Euroclear Bank has the right not to accept securities where the Depositary or Other Clearance System
has received delivery of:
(i) a temporary certificate, if delivered after the date on which permanent certificates are available;
(ii) a mutilated security, unless the trustee, the registrar, the transfer agent or issuer has confirmed in writing that
the securities are still valid for the transfer;
(iii) a security that has been called for redemption;
(iv) a security that is not accompanied by the appropriate warrants, rights and coupons unless, in the case of
coupons, a payment equal to the money value of a missing coupon is substituted and satisfactory evidence of the
payment is furnished to Euroclear Bank or to the Depositary;
(v) a security in registered form, unless it is registered to bearer or in the correct nominee name or accompanied by
the required transfer documents and appropriately completed according to local market rules;
(vi) a security that is not validly issued or fully paid (except upon specific agreement with Euroclear Bank);
(vii) a security that has been the subject of a published notification of opposition or with respect to which the
Depositary has otherwise notice of loss, theft, cancellation, nullification proceedings, opposition, forgery, title
defect, encumbrance, invalidation by court order, court stop payment order, writ of attachment or other similar
order, or any other circumstance affecting its free transferability without encumbrance in any relevant market.
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(d) Euroclear Bank has the right not to accept securities where the Depositary has received delivery of any security
described in (c)(i) to (vii) above, whether such defects are identified by the Depositary designated for the issue
following realignment.
(e) If a security has been accepted into the Euroclear System and Euroclear Bank later receives information that such
security is or has been the subject of a published notification of loss, theft, cancellation, nullification proceedings,
opposition, forgery, title defect, encumbrance, invalidation by court order, court stop payment order, writ of
attachment or other similar order, or any other circumstance affecting its free transferability without encumbrance in
any relevant market, Euroclear Bank may, in its sole discretion, decide to block or debit such security from the
Securities Clearance Account of the relevant Participant(s).
(i) free of payment by the Depositary or Other Clearance System, or from any Depositary receiving definitive
securities of a new issue prior to the realignment of the definitive securities to the Specialised Depositary for the
issue; or
(ii) against payment, for securities eligible for delivery against payment (by the Specialised Depositary for the
issue or Other Clearance System), subject to available inventory and local regulations.
(b) The process of delivery of securities by the Depositary or Other Clearance System against payment or free of
payment is initiated only if the delivering Participant has submitted delivery instructions to Euroclear Bank, in
accordance with Section 15.4.1 and not in any other way, directly or indirectly, to the Depositary or Other Clearance
System.
(e) Euroclear Bank in its own discretion, may, either directly or through the Depositary, subject to applicable
regulations:
(i) exchange information about any refused deposit with interested parties, including local authorities;
(ii) return to the depositor or the issuer (or its agent) securities so refused; or
(iii) take any other action deemed appropriate in the circumstances, including retaining such securities pending
determination of legitimate claims thereto.
(i) deliver (or request the Specialised Depositary designated for the issue holding such securities to deliver) such
securities to the national postal system of the Specialised Depositary designated for the issue for forwarding by
registered or value declared mail;
(ii) deliver (or request the Specialised Depositary designated for the issue holding such securities to deliver) such
securities within the boundaries of the city in which the Depositary or Specialised Depositary is located as defined
in the agreement between such Depositary or Specialised Depositary and Euroclear Bank;
(iii) deliver (or request the Specialised Depositary designated for the issue holding such securities to deliver) such
securities by armoured car or air-courier service;
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(iv) deliver (or request the Specialised Depositary designated for the issue holding such securities to deliver) such
securities to a courier service for delivery anywhere in the world;
(v) transfer (or request the Specialised Depositary designated for the issue holding such securities to transfer) such
securities in accordance with the procedures of a domestic clearance system, securities center or similar
organisation. A security held in certificated or uncertificated form in a clearance system, securities center or
similar organisation can be transferred only to another account in such clearance system, center or organisation.
(b) References to Depositaries shall be held to include Other Clearance Systems where relevant.
(b) Without prejudice to (a) above, Euroclear Bank may continue to insure securities being delivered by mail or by
armoured car or courier service under policies of insurance maintained by Euroclear Bank as summarised in Section
11.
(i) if the Depositary or Other Clearance System required to make a delivery does not hold sufficient inventory,
Euroclear Bank automatically arranges for securities to be transported or delivered from the location in which they
are held to the relevant Depositary or Other Clearance System and Participants are informed of such transported
securities, but in some circumstances, securities may be in transit between Depositaries or Other Clearance
Systems and there may be a delay in the ability to execute delivery instructions or any Custody Operations for
which such delivery of securities is required;
(ii) in certain cases a particular issue may be held in either registered or bearer form or a combination of the two.
If a request for delivery of securities in bearer form exceeds the supply, either it will be necessary to convert
securities from registered form to bearer form and this may involve delay in the execution of any delivery
instruction, or if for any reason it is not possible to convert securities from registered form to bearer form, it will
not be possible to execute the instruction which will be cancelled and the Participant notified thereof;
(iii) if the only available certificate denominations are other than denominations required to make the instructed
delivery. If for any reason it is not possible to exchange certificates for the required denomination certificates, it
will not be possible to execute the delivery instruction, which will be cancelled and the Participant notified thereof;
(iv) if where securities are sent to a registrar for re-registration as set forth in Section 10.4, there is any delay in or
preclusion from registration, including but not limited to any delay or preclusion resulting from foreign ownership
limitations.
(v) in case of Cross-market Realignment, settlement timing of such transfers depends on the structure and
efficiency of the link between the two Other Clearing Systems.
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(b) In the event that Euroclear Bank is informed by the instructing Participant of the non-receipt by the intended
recipient of a delivery of securities and is provided with evidence of the loss satisfactory to Euroclear Bank, then the
instructing Participant under these Operating Procedures appoints Euroclear Bank as its attorney-in-fact to take any
such actions as Euroclear Bank in its sole discretion determines to be necessary or advisable under the circumstances
to protect the interests of the instructing Participant, which may include:
(i) notifying the trustee, fiscal or other relevant agent for the issue, and requesting publication of the information;
(ii) notifying the board of ISMA;
(iii) notifying the relevant Depositaries;
(iv) notifying Clearstream or any other relevant clearing system;
(v) taking all necessary steps to initiate, maintain and cancel any opposition proceedings or related actions in
relevant countries, such as Belgium, Luxembourg, the country of governing law as determined in the governing
documentation of the issue, the country of the Depositary and the country of the Clearstream depositary, depending
on the circumstances;
(vi) taking all necessary steps to initiate invalidation and re-issuance procedures; or
(vii) any other additional measures determined by Euroclear Bank to be in the interests of the Participant.
(c) Any action is taken on behalf of the instructing Participant and in no way constitutes any acceptance of liability by
Euroclear Bank.
(d) Participants wishing themselves to initiate, maintain or cancel opposition proceedings or related actions should
inform Euroclear Bank of their intentions to do so but are warned that such action may impair any recovery rights
under the insurance cover taken by Euroclear Bank. In the event that a Participant takes any action on its own,
including initiating, maintaining or cancelling opposition proceedings or related actions, Euroclear Bank accepts no
liability therefor or for any such actions which it may have taken in connection with the non-received securities.
(e) Euroclear Bank will not take any legal action (other than under its obligation to cooperate with the insurer) to
recover any securities not received by the intended recipient of the delivery of securities, nor will it represent
Participants in judicial proceedings if legal action is brought against them.
(f) The insurer or Euroclear Bank, upon payment of any indemnity or replacement bonds under the insurance policy to
the delivering Participant, shall be fully subrogated to all rights of the delivering Participant on the securities against
third parties including the rights to obtain the re-issuance of such securities.
(g) Euroclear Bank will inform the Participant of any such actions that have been taken and accepts no liability in
respect of any such action or failure to take any action (or the consequences thereof) in respect of any non-receipt by
the intended recipient of any delivery of securities.
(h) Euroclear Bank has the right to debit the Cash Account of the instructing Participant with the amount of any fees,
costs or expenses incurred by Euroclear Bank in accordance with this Section.
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(b) Securities received by a Depositary for credit to a New Issues Securities Clearance Account or Short and Medium-
Term Instruments Securities Clearance Account will be credited to such Securities Clearance Accounts without
requiring any instruction from the Participant indicated as the recipient of the securities (and without regard to any
such instruction if sent by such Participant).
(i) any instruction from the Participant to Euroclear Bank or from the counterparty in the local market must satisfy
the requirements set forth in the relevant country section of the current Euroclear Documentation, under the
heading “Specific instruction requirements”;
(ii) to the extent that the section on Specific instruction requirements as set out in the Euroclear Documentation
indicates that no instruction is required from the Participant identified by the counterparty as recipient of the
securities, upon notification from the Depositary or Other Clearance System that the securities have been received
for a Securities Clearance Account of the Participant free of payment, the securities will be credited to such
Securities Clearance Account without requiring any instruction from the Participant (and without any regard to
any such instruction if issued).
(b) Securities received by a Depositary for credit to a New Issues Securities Clearance Account or Short and Medium -
Term Instruments Securities Clearance Account will be credited to such Securities Clearance Accounts without
requiring any instruction from the Participant indicated as the recipient of the securities (and without regard to any
such instruction if sent by such Participant).
(c) For securities not included in the Euroclear Documentation, such as Euro and other international securities, in
order for a Depositary to recognise that a deposit of securities is intended for credit to a Securities Clearance Account
in the Euroclear System, the Participant must ensure that the delivery advice submitted by the depositor states:
“In favour of Participant (full name, location and Participant’s Securities Clearance Account number)”
Delivery advises received in this form shall be deemed to be for the account of Euroclear Bank, in favour of the named
Participant.
15.4.3 Deadlines
(a) For domestic market securities, external instructions must be received by Euroclear Bank by the Input Deadline
specified in the relevant market section of the Euroclear Documentation.
(b) For international physical securities, external instructions must be received by Euroclear Bank by the Input
Deadline for the Overnight Securities Settlement Process dated two Business Days before the intended settlement date
(i.e. S-2) (except where Participants are advised by Euroclear Bank of specific circumstances in which a different
deadline applies). Instructions to receive securities free of payment must be received by the Input Deadline for the
Overnight Securities Settlement Process dated the intended settlement date (i.e. S).
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(c) An external instruction received after the above applicable deadline shall be regarded as having been received for
processing in the next Processing for which it is eligible.
15.4.4 Validation
(a) After authentication of input, external instructions must be validated before being selected for submission to a
Processing. Validation of an external instruction varies depending on such factors as local market rules and the type
of security. The validation general rules are as described in Section 6.
(c) If validation is unsuccessful, the external instruction is not accepted for further processing and is cancelled by
Euroclear Bank. The Participant is notified thereof.
(d) Participants may cancel a successfully validated external instruction as set out in Section 6.6.2.
15.4.5 Matching
(b) If matching fields are identical, or if any difference is within the tolerances specified below, the instruction is
matched. If a matching field is missing or is present in both instructions but there is a difference which is greater than
any applicable specified tolerance, the instruction is unmatched.
(c) Information derived from the matching process is included in the reports of unexecuted instructions, as described
in the Euroclear Documentation. The reporting of the matched or unmatched status of an unexecuted instruction
reflects a situation which exists at a particular moment and does not indicate that any other Settlement Conditions in
respect thereof are or will be fulfilled at any subsequent time.
(i) Participant and counterparty identification (Securities Clearance Account number in the case of the Participant
or Euroclear code in the case of non-Participants);
(ii) Quantity of securities;
(iii) Security Code;
(iv) Cash countervalue, currency and amount (for against payment instructions only).
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(a) The quantities of securities in the two instructions must be identical. Partial amounts will not be aggregated for the
purposes of matching.
(b) Cash countervalues must be identical, except that if there is a discrepancy between the cash countervalues
(i) for instructions with a cash countervalue in EUR, of EUR 25.00, unless the local market rules impose other
matching rules and tolerances; and
(ii) for instructions with a cash countervalue in any other Settlement Currency, of USD 25.00 or the equivalent in
the other Settlement Currency, as determined by Euroclear Bank in its sole discretion, unless the local market rules
impose other matching rules and tolerances,
the instruction will be deemed to match. In the event that several instructions match except for discrepancies in the
cash countervalues, the instruction with the smallest discrepancy at the time of matching is considered as matched.
(c) Optional fields other than trade date and trade price, as described in the Euroclear Documentation, if present, will
be compared and reported if the values are different, but any difference between the two values will not cause the
instructions to be considered as unmatched.
(d) Trade data and trade price must match if present in both instructions.
(e) Trade price must match up to and including the fifth digit of decimals. If there is a discrepancy only between the
sixth digit of decimals of the two trade price amounts, the instructions will be deemed to match, disregarding the sixth
digit.
(b) On the day of receipt in the local market of an instruction to receive or deliver securities, the Depositary or Other
Clearance System confirms the terms of this instruction with the named deliverer or named recipient of the securities
(as the case may be), in accordance with local practice.
(c) When notification is received from a Depositary or Other Clearance System of the matching of an instruction, the
status in the backlog of unexecuted instructions becomes “matched”. If notification is received that the instruction is
not matched, its status in the backlog of unexecuted instructions becomes “unmatched”.
(d) The matched or unmatched status of the instruction in the local market is reported to the Participant as set forth in
the relevant country section of the Euroclear Documentation.
(e) The matched or unmatched status of an unexecuted instruction reported by Euroclear Bank to a Participant reflects
a situation which exists at a particular moment in the local market based on information received from a Depositary
or Other Clearance System. The reports from Euroclear Bank to a Participant do not indicate that any other
Settlement Conditions in respect of reported instructions are or will be fulfilled at any subsequent time.
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(b) Where a matching notification has not been received as set out in (a), the cash countervalue indicated by the
Participant in its instruction will be used for execution. Euroclear Bank reserves the right to adjust the Participant’s
Cash Account for any cash amount resulting from a discrepancy between the cash amount used for execution in the
Euroclear System and that used for settlement in the local market and accepts no liability for doing so or not.
(b) External instructions which are considered “unmatched” are put into the backlog of unexecuted instructions and
recycled until matched or cancelled and securities are credited to a Transit Account as set out in Section 15.4.5.4
below.
15.4.5.4.1 Receipts
(a) In the absence of matching instructions from the Participant, upon notification from the Depositary or Other
Clearance System of the receipt of securities for the account of such Participant, securities will be credited to the
Participant’s Transit Account related to the Securities Clearance Account to which securities would be credited (in
accordance with Section 15.7.1). Such notifications, with the resulting credit to the Transit Account, are processed in
the Overnight Securities Settlement Process only The securities will remain credited to the Transit Account until:
(i) the Participant indicated as recipient accepts them by the submission of appropriate matching instructions, in
which event the securities will be credited to the Securities Clearance Account of the Participant; or
(ii) the Participant indicated as recipient refuses them, in which event Euroclear Bank will as soon as practicable
initiate the return of the securities to the depositor; or
(iii) the depositor reclaims them by submitting a request to Euroclear Bank, in which event Euroclear Bank will,
not earlier than the fifth Business Day after the credit of the securities to the Transit Account, initiate the return of
the securities to the depositor (unless the Participant agrees to an earlier return). The instruction from the
depositor must be delivered to Euroclear Bank; and any instruction delivered to a Depositary or Other Clearance
System by the depositor will be disregarded.
(b) In the event that neither (a)(i), (ii) nor (iii) occurs, on the fifth Business Day after the credit of the securities to the
Transit Account, Euroclear Bank will initiate the return of the securities to the depositor.
(c) If, in the event of (a)(ii) or (iii) above, the securities are to be returned to the depositor, the Transit Account of the
Participant indicated as recipient shall be debited as a result of the first Processing after which the return of securities
to the depositor is initiated.
(d) If, in the event of (a)(ii) or (iii) above, Euroclear Bank receives appropriate matching instructions from the
Participant indicated as recipient in sufficient time in its judgement to cease processing the return of the securities to
the depositor, Euroclear Bank will stop such processing and process the securities pursuant to the matching
instructions from the Participant.
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(e) If the depositor is a Participant and the receiving Depositary is the Specialised Depositary designated for the issue,
securities will be returned to the depositor either in the event of (a)(ii) or (iii) above, either by credit to a Securities
Clearance Account of the depositor or by a transfer or delivery of securities by the receiving Depositary (or Other
Clearance System), at the sole discretion of Euroclear Bank.
(f) Where securities have been deposited through a local clearing system, the receiving Depositary will return the
securities to the depositor to the extent possible through such local clearing system by delivery of the securities
received or, as the case may be, delivery of a corresponding amount of the same issue of securities.
(g) Where securities are received other than through a local clearing system, in the event that securities are to be
returned to the depositor, Euroclear Bank or the receiving Depositary, at the request of Euroclear Bank, will request
from the depositor instructions as to the method to be used to deliver the securities and the address to which the
securities are to be delivered. Upon the receipt of such instructions from the depositor, duly authenticated to the
satisfaction of Euroclear Bank, Euroclear Bank or the Depositary will initiate the delivery of the securities by the
requested method to the depositor at the address specified by the depositor.
(h) In the absence of instructions from the depositor, the selection of the means of delivery of the securities shall be at
the sole discretion of Euroclear Bank and shall be as described in Section 15.3.2 for deliveries of securities out of the
Euroclear System.
(i) Euroclear Bank will by means chosen at its sole discretion inform the depositor of the cost of delivery of the
securities and will initiate the delivery of the securities to the depositor (at the address specified by the depositor at the
time of deposit or to the registered address of the depositor).
15.4.5.4.2 Deliveries
(a) Where local market practice requires the matching of settlement instructions, the Depositary, if possible in
accordance with local practice, does not deliver securities unless matching has occurred.
(b) In the absence of any required matching, securities previously debited will be recredited to the relevant Securities
Clearance Account and debited to the related Transit Account
(i) for notifications of non-delivery received from the Depositary or Other Clearance System (other than through
Clearstream) during the Real-time Processing, during such Real-time Processing;
(ii) for notifications of non-delivery received at any other time, as a result of the first Processing following receipt
of the notification.
(b) A valid external instruction may be selected for submission to a Processing before notification of matching has
been received by Euroclear Bank from the relevant local market.
(c) A valid external instruction is eligible as set out in the Euroclear Documentation.
(d) If the Execution Date is not a Business Day, the instruction is selected for submission to the first eligible
Processing dated the next Business Day.
(e) Until the settlement date in a matched receipt instruction against payment has been reached, securities received by
a Depositary may be credited to a Transit Account. The securities will be debited to the Transit Account and credited
to the related Securities Clearance Account either:
(i) as a result of the first Processing after Euroclear Bank reinstates a valid matching instruction by reversing its
cancellation; or
(ii) as a result of the first Overnight Securities Settlement Processing dated not earlier than the settlement date in
the instruction.
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(f) Regardless of the settlement date indicated by the Participant in its instruction to receive securities free of payment,
the instruction may be submitted to the first Processing following confirmation of the receipt of securities from the
Depositary or Other Local Clearance System.
15.4.7 Positioning
(a) Once an external instruction has been selected for submission to a Processing, it is positioned therein in
accordance with Section 15.4.6 above taking into account the Participant’s priorities and options (see Section 12).
(b) The positioning of external receipt against payment instructions only takes place during the Real-time Processing
and not in the Overnight Securities Settlement Process.
For an external delivery instruction, the Participant to be debited with securities must have sufficient available
securities of the issue standing to the credit of its Securities Clearance Account to meet the instruction. For the rules
on availability of securities, see Section 9.
A Participant to be debited with cash must have in the appropriate subdivision of its Cash Account sufficient available
funds of the Settlement Currency, or sufficient provision for such funds, to meet the instruction. For the rules on
available funds, see Section 9.
A Participant to be debited with cash or securities, and using secured credit made available to it by Euroclear Bank in
its separate banking capacity, must have sufficient collateral, as determined by Euroclear Bank in its sole discretion,
to meet the instruction.
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15.5.1 Receipts
(a) Unless as otherwise set out in the relevant country section of the Euroclear Documentation, if positioning is
successful, an external receipt instruction against payment is executed in the Real-time Processing in which the
instruction satisfies the Settlement Conditions:
(i) for domestic market securities, in the Real-time Processing dated such Business Day as set forth in the
relevant market section of the Euroclear Documentation; and
(ii) for international securities, in the Real-time Processing dated the Business Day preceding the
settlement date in the instruction, or if the settlement date indicated in the instruction has passed, in the
Real-time Processing during which the instruction is received, provided the instruction is received before
the Input Deadline for such Real-time Processing, or in the first Real-time Processing following receipt of
the instruction.
(b) Upon the execution of an external instruction to receive securities against payment, the amount of cash that
has been successfully positioned becomes unavailable for the execution of other instructions or operations,
notwithstanding that the corresponding debit to the Cash Account has not yet been effected.
(c) When Euroclear Bank has acted on an external instruction to receive securities against payment and cannot
revoke or reverse such action, the Participant shall have the obligation to reimburse Euroclear Bank for any
payment for such securities receipt in the local market and Euroclear Bank shall have the right to debit the
Participant’s Cash Account with the corresponding cash amount.
15.5.2 Deliveries
Unless as otherwise set out in Part II – Services or Part IV - Domestic Markets, if positioning is successful, an
external delivery instructions is executed:
(i) for domestic market securities, as a result of the first possible Processing dated such Business Day as set
forth in the relevant market section of the Euroclear Documentation; and
(ii) for international securities, as a result of the first possible Overnight Securities Settlement Processing
dated the Business Day immediately preceding the settlement date in the instruction, or if the settlement
date indicated in the instruction has passed, in the first possible Overnight Securities Settlement Processing
following receipt of the instruction.
(b) All external instructions that remain in the backlog of unexecuted instructions continue to be entered in
subsequent Processings for which they are eligible until executed or cancelled, as set out in Sections 6.6.2 and
15.7.
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15.8.1 Receipts
(a) Without prejudice to Section 15.4.5.4.1, the absence of previously matched instructions or the failure to
satisfy the Settlement Conditions will result in the refusal of the securities by Euroclear Bank.
(b) If tendered securities that have been received in the local market are subsequently refused, the external
instruction to receive remains in the backlog of unexecuted instructions and a securities credit entry to a
Transit Account is generated pending resolution of the issue.
15.8.2 Deliveries
(a) In the event that securities delivered out of the Euroclear System are refused by the intended recipient, the
Depositary or Other Clearance System may be instructed by Euroclear Bank to reattempt to deliver the
securities as set out in the Euroclear Documentation.
(b) Securities for which delivery is to be re-attempted in accordance with (a) above may be debited to the
Transit Account and recredited to the related Securities Clearance Account upon refusal by the intended
recipient, in which case positioning will take place before Euroclear Bank instructs the Depositary or Other
Clearance System to reattempt the delivery.
(c) If securities previously delivered out of the Euroclear System are returned to a Depositary or Other
Clearance System for the account of Euroclear Bank, and such return is reported to Euroclear Bank by a
Depositary or an Other Clearance System as a refusal, any such securities that were debited are recredited to
the Securities Clearance Account to which they were originally debited and the related Transit Account is
debited.
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(d) In the absence of refusal or upon confirmation of refusal, the securities are debited to the Transit Account
and recredited to the Securities Clearance Account.
(e) The Participant is notified of such refusal and any associated credits and debits.
15.9.1 Receipts
Upon receipt of notification from the Depositary, Other Clearance System or directly from the issuer’s agent
that the securities have been received for the account of Euroclear Bank, the following records are generated:
15.9.2 Deliveries
(a) As a result of the Processing in which an external delivery instruction is successfully executed, a
provisional debit to the Securities Clearance Account and credit to the related Transit Account is generated.
(b) For instructions to deliver securities against payment, cash is credited to the Cash Account upon receipt by
Euroclear Bank of confirmation from the Depositary, Other Clearance System or the relevant issuer’s agent of
the receipt of the funds for the account of Euroclear Bank.
(c) Securities remain credited to the Transit Account until the first Processing after any of the following events
occurs:
(i) Euroclear Bank receives confirmation from the Depositary, Other Clearance System or the relevant
issuer’s agent of the delivery of the securities out of the Euroclear System;
(ii) an external delivery free of payment was executed six or more Business Days earlier and no notice of
refusal in the relevant local market has been received by Euroclear Bank; or
(iii) notification of refusal in the relevant local market has been received by Euroclear Bank. In this case, the
related Securities Clearance Account is also recredited.
15.10 Settlement
15.10.1 Receipts
Settlement of an external receipt or delivery transaction occurs in the local market in accordance with local
market rules and practice.
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15.10.2 Deliveries
(a) Settlement of an external delivery transaction occurs in the local market in accordance with local market
rules and practice.
(b) Settlement of an external delivery transaction free of payment is deemed to occur when the delivery
instruction is executed six or more Business Days earlier and no notice of refusal of settlement in the relevant
local market has been received by Euroclear Bank.
15.11 Finality
Settlement of an external receipt or delivery transaction is final when final according to local market rules and
practice.
16 Operating Procedures
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Table of contents
Operating Procedures
December 14, 2009
Part II - Services - A -Securities Clearance and Settlement Section 16 - New issues distribution
Operating Procedures
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Part II - Services - A -Securities Clearance and Settlement Section 16 - New issues distribution
16.1 Introduction
(a) Services offered through the Euroclear System in connection with new issues (including new tranches of
existing issues) include procedures for distributing new issues, either against payment or free of payment, as
set out in this Section 16.
(b) The procedures set forth in this Section apply to distributions of securities deposited with a Common
Depositary or Common Safekeeper. The same procedures apply to distributions of securities deposited with a
Specialised Depositary or an Other Clearance System, but are subject to changes resulting from local market
practice. Participants are informed of such changes as the need arises.
(c) Unless specifically agreed by Euroclear Bank, no provision included in an indenture, fiscal agency
agreement or other documents concerning a new issue of securities which purports to require any action by
Euroclear Bank as operator of the Euroclear System or in any other capacity shall be applicable to or binding
upon Euroclear Bank. Any features of the issue requiring any action by Euroclear Bank, the Common Service
Provider, the Common Safekeeper or the Common Depositary should be drawn to the attention of Euroclear
Bank as soon as possible prior to the closing.
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16.2.1.1 Accounts
(a) A lead manager intending to distribute new issues against payment through the Euroclear System must be a
Participant and must have opened a Securities Clearance Account and a Cash Account for the purpose of such
against payment distributions. Such accounts may be in addition to other Securities Clearance Accounts and
Cash Accounts opened by the lead manager or may be the only such accounts opened by the lead manager.
(b) The Securities Clearance Account and Cash Account to be used for the distribution of new issues against
payment (the “New Issues Securities Clearance Account” and the “New Issues Cash Account”) will be
accounts of the lead manager and shall be captioned “New Issues Against Payment” for identification
purposes. Such accounts will be governed by the Terms and Conditions and by these Operating Procedures.
(c) The New Issues Securities Clearance Account and the New Issues Cash Account may be used only to
execute payments and internal settlements within the Euroclear System and in connection with these against
payment distribution procedures. They may not be used for any other types of transactions, including but not
limited to, free of payment transfers within the Euroclear System and deliveries outside the Euroclear System.
(d) The lead manager will be liable for all debit balances in such New Issues Cash Account to the same extent
as for any other Cash Account opened by Euroclear Bank in connection with the Euroclear System.
(e) Unless otherwise agreed by Euroclear Bank, each lead manager will use the same New Issues Securities
Clearance Account and New Issues Cash Account to distribute all new issues to which these against payment
procedures apply.
(f) New Issues Securities Clearance Accounts are not published in the Directory of Participant, Counterparty
and Correspondent Codes; consequently, for each new issue to be distributed against payment, the lead
manager must notify the allottees of the account numbers to be used.
(g) Lead managers becoming Participants solely in order to use the new issues distribution procedure may
request that their names not appear in the Directory of Participant, Counterparty and Correspondent Codes.
(h) Allottees electing to receive their allotments in the Euroclear System under this procedure must also be
Participants.
16.2.1.3 Currencies
Any one of the Settlement Currencies may be used as the currency in which the payments for a particular new
issue under these distribution procedures are processed.
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16.2.2 Instructions
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16.2.2.5 Fixing of the portion of the new issue to be deposited in the Euroclear
System
(a) At 11:00 on the second Business Day prior to the scheduled closing date, Euroclear Bank will establish,
and will subsequently communicate by SWIFT to the lead manager, the aggregate nominal amount of the issue
to be deposited in the Euroclear System.
(b) Once fixed, the portions to be deposited in the Euroclear System may not be changed. If a particular
allottee wishes to modify its initial election after the above fixing, it must receive the allotment as originally
elected, and subsequently submit an instruction to debit or credit its Securities Clearance Account and deliver
or receive all or part of the allotment in accordance with its modified election (including, for example, delivery
against payment from or to an account in Clearstream).
(c) The execution of such deliveries is subject to the Settlement Conditions and timings described in the
Operating Procedures for internal settlement, and Bridge settlement, other than new issues distributions.
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(b) Neither Euroclear Bank nor the Common Depositary, Common Service Provider and Common Safekeeper
accepts any liability for any postponement, delay or cancellation of closing or distribution.
(c) The lead manager shall be liable for any interest loss sustained:
(i) in the event that Euroclear Bank made funds available for payment on the closing date, and Euroclear
Bank or the Common Depositary or Common Service Provider is informed that the closing will not occur,
or will be delayed to a moment which, in the sole judgement of Euroclear Bank, does not permit Euroclear
Bank to invest, or cause to be invested, such unpaid funds in any relevant money market; or
(ii) because of the failure of the parties to the closing to adhere to any of the timing, documentation or other
requirements of these procedures.
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(b) In the event that several new issues are to be distributed to a Participant on a closing date, the examination
of the availability of funds or provisions for funds shall be made in descending order of the nominal amount of
the allotments.
(c) This credit control will result in the allocation of priorities used in the processing of the distribution, as
follows:
(i) level 1 priority, to matched internal receipt instructions with Participants showing adequate availability
of funds or credit with Euroclear Bank in its separate banking capacity;
(ii) level 2 priority, to matched internal receipt instructions with Participants which do not show adequate
availability of funds, or credit with Euroclear Bank in its separate capacity.
(d) Following this credit control, Euroclear Bank will report to the lead manager the aggregate nominal
amount of matched internal receipt instructions allocated level 2 priority.
(e) Any Participant with respect to which an internal receipt instruction is allocated a level 2 priority,
authorises Euroclear Bank to communicate its name to the lead manager, if the lead manager so requests.
(f) Following Euroclear Bank’s report to the lead manager concerning instructions allocated a level 2 priority,
the lead manager may, subject to Euroclear Bank’s prior approval, confirm its payment instructions or amend
such instructions by reducing the amount to be paid to the Common Depositary or Common Service Provider.
16.2.5 Processing
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December 14, 2009
Part II - Services - A -Securities Clearance and Settlement Section 16 - New issues distribution
16.2.5.2 Recycling
(a) The selection of instructions which remain unsettled after the Overnight Securities Settlement Process in
which the distribution was first processed and which are eligible for following Real-time Processings may
occur irrespective of whether the instructions include the Daylight Indicator.
(b) Any internal receipt instruction allocated a level 2 priority and remaining unsettled after the Overnight
Securities Settlement Process dated the Business Day after the closing date will retain such level 2 priority in
subsequent Overnight Securities Settlement Processes, subject to such instructions remaining present and
matched.
8 Operating Procedures
December 14, 2009
Part II - Services - A -Securities Clearance and Settlement Section 16 - New issues distribution
(e) When distributing a new issue through the Euroclear System, the lead manager is required to provide
Euroclear Bank and the Common Depositary or Common Service Provider with the full final issue
documentation no later than the closing.
(f) Any questions regarding documentation requirements for a new issue to be distributed through the
Euroclear System should be addressed to Euroclear Bank and not to the Common Depositary, Common Service
Provider or Common Safekeeper.
16.3.1.1 Participants
Allottees electing to receive their allotments in the Euroclear System under this procedure must be
Participants.
Operating Procedures 9
December 14, 2009
Part II - Services - A -Securities Clearance and Settlement Section 16 - New issues distribution
16.3.2 Instructions
16.3.2.3 Fixing of the portion of the new issue to be deposited in the Euroclear
System
Euroclear Bank will establish, and will communicate by SWIFT to the lead manager, the nominal amount of
the portion of the issue to be deposited in the Euroclear System.
16.3.3.3 Receipt of the portion of the new issue to be deposited in the Euroclear
System
The Common Depositary, Common Safekeeper or other representative of Euroclear Bank at the closing will
receive that portion of the new issue to be deposited in the Euroclear System and will notify Euroclear Bank of
such receipt.
10 Operating Procedures
December 14, 2009
Part II - Services - A -Securities Clearance and Settlement Section 16 - New issues distribution
16.3.4 Processing
Following the receipt of the confirmation that the Common Depositary or Common Safekeeper has received
the portion of the new issue to be deposited in the Euroclear System and completion of any other necessary
conditions, Euroclear Bank will process, subject to the Settlement Conditions, the internal transfer free of
payment instructions and credit the securities of the new issue to the allottees' Securities Clearance Accounts.
16.4.1.1 Accounts
(a) An issuing agent intending to distribute non-syndicated new issues through the Euroclear System must be a
Participant and must have opened a Securities Clearance Account and a Cash Account for the purpose of such
distributions. Such accounts may be in addition to other Securities Clearance Accounts and Cash Accounts
opened by the issuing agent or may be the only such accounts opened by the issuing agent.
(b) The Securities Clearance Account and Cash Account to be used for the distribution of non-syndicated new
issues will be accounts of the issuing agent and shall be captioned new issues non-syndicated distribution
account for identification purposes. Such accounts will be governed by the Terms and Conditions and by these
Operating Procedures.
Operating Procedures 11
December 14, 2009
Part II - Services - A -Securities Clearance and Settlement Section 16 - New issues distribution
(c) The new issues non-syndicated distribution account may be used only to execute payments and internal and
Bridge settlements in connection with these distribution procedures. They may not be used for any other types
of transactions, including but not limited to deliveries outside the Euroclear System other than Bridge
settlements.
(d) The issuing agent will be liable for all debit balances in its new issues non-syndicated distribution to the
same extent as for any other Cash Account opened by Euroclear Bank in connection with the Euroclear
System.
(e) Unless otherwise agreed by Euroclear Bank, each issuing agent will use the same new issues non-
syndicated distribution account to distribute all new issues to which these procedures apply.
(f) New issues non-syndicated distribution account are not published in the Directory of Participant,
Counterparty and Correspondent Codes; consequently, for each issuance of short- and medium-term
instruments to be distributed under these procedures the issuing agent must notify the dealers of the account
number to be used.
(g) Issuing agents becoming Participants solely in order to use the non-syndicated distribution procedures may
request that their names not appear in the Directory of Participant, Counterparty and Correspondent Codes.
(h) Dealers electing to receive in the Euroclear System under these non-syndicated distribution procedures
must also be Participants.
12 Operating Procedures
December 14, 2009
Part II - Services - A -Securities Clearance and Settlement Section 16 - New issues distribution
(d) The issuing agent must promptly notify dealers of all necessary details in connection with these distribution
procedures. Such notification should include the requirement to elect to receive their securities through the
Euroclear System or through Clearstream by submitting appropriate instructions to Euroclear Bank or to
Clearstream. Any timetable delivered to dealers must conform to these procedures.
16.4.2 Instructions
Operating Procedures 13
December 14, 2009
Part II - Services - A -Securities Clearance and Settlement Section 16 - New issues distribution
16.4.3 Issuance
16.4.3.2 Deposit
(a) Issuance and deposit must be timed so that allocation of receipt of the issue is received by Euroclear Bank
no later than 20:30, as follows:
(i) for distributions using the prerelease procedure, on the Business Day prior to the issuance date,
(ii) for distributions using the backvalue procedure, on the issuance date,
in particular, the issuer or its agent must deliver securities duly authenticated, to the Common Depositary or
Common Safekeeper one Business Day prior to or on the issuance date for deposit in the Euroclear System.
(b) For distributions using the same-day procedure, the duly authenticated securities must be deposited with the
Common Depositary or Common Safekeeper on the issuance date sufficiently early in the day (as determined
by the Common Depositary or Common Safekeeper) to enable the Common Depositary or Common Safekeeper
to confirm the credit of the securities before such deadline as required by Euroclear Bank.
16.4.4 Processing
14 Operating Procedures
December 14, 2009
Part II - Services - A -Securities Clearance and Settlement Section 16 - New issues distribution
(d) In the event that several issuances are to be distributed against payment as a result of an Overnight
Securities Settlement Processing to a Participant with matched receipt instructions for such issues assigned a
level 2 priority, allocation of priority for settlement of such internal receipt instructions during such Overnight
Securities Settlement Processing will be in descending order of the nominal amount of receipt instructions (i.e.,
the larger the nominal amount, the higher the order of processing).
(e) Any instructions for a new issues distribution which are eligible for Real-time Processing, are processed in
accordance with Section 12 and executed subject to the Settlement Conditions.
(f) Upon receipt of confirmation that the Common Depositary or Common Safekeeper has received the
instrument to be deposited in the Euroclear System and completion of any other necessary conditions,
Euroclear Bank will, for distributions using the same-day procedure, process in the Real-time Processing where
such confirmation is received, subject to the Settlement Conditions and as set forth in this Section 16.4.4.1, the
related internal receipt and delivery and Bridge delivery instructions, against payment or free of payment as
applicable.
16.4.4.2 Recycling
(a) With the exception of distributions using the pre-release procedure where the instruments to be distributed
have not been deposited by the issuing agent as required in Section 16.4.3.2, the selection of internal
instructions which remain unsettled after the Overnight Securities Settlement Process in which the distribution
was first processed and which are eligible for Real-time Processing may occur irrespective of whether the
instructions include the Daylight Indicator.
(b) Any internal receipt instruction allocated a level 2 priority and remaining unsettled after the Overnight
Securities Settlement Process in which the distribution was first processed will retain such level 2 priority in
subsequent Overnight Securities Settlement Processes, subject to such instructions remaining present and
matched.
Operating Procedures 15
December 14, 2009
Part II - Services - A -Securities Clearance and Settlement Section 16 - New issues distribution
16 Operating Procedures
December 14, 2009
Part II - Services - A -Securities Clearance and Settlement Section 16 - New issues distribution
16.5.3 Newly-Issued Securities that are not fully Pre-Released by the issuer
(a) Back Value as of the Closing Date is applied to all against-payment securities transactions involving
Newly-Issued Securities that are not fully Pre-Released (i.e., part of the issuance is not Pre-Released) with a
contractual settlement date equal to the Closing Date that settle on the next Business Day after the Closing
Date.
(b) In the sole discretion of Euroclear Bank with respect to securities transactions that settle internally and as
agreed from time to time with Clearstream Banking S.A. with respect to securities transactions that settle via
the Bridge, Back Value may be applied to all against-payment securities transactions involving Newly-Issued
Securities that are not fully Pre-Released that settle on the second Business Day after the Closing Date in
accordance with the following rules:
(i) Back Value as of the Closing Date is applied to securities transactions with a contractual settlement date
equal to the Closing Date;
(ii) Back Value as of the next Business Day after the Closing Date is applied to securities transactions with
a contractual settlement date equal to the next Business Day after the Closing Date.
Operating Procedures 17
December 14, 2009
Part II - Services - A -Securities Clearance and Settlement Section 16 - New issues distribution
18 Operating Procedures
August 21, 2006
Part II - Services - A -Securities Clearance and Settlement Section 17 - ACE confirmation and matching
Table of contents
17.1 General.......................................................................................................................................................... 1
17.2 Matching rules.............................................................................................................................................. 1
17.2.1 General matching rules .......................................................................................................................... 1
17.2.2 Matching fields ...................................................................................................................................... 1
17.3 ACE confirmation notes .............................................................................................................................. 1
17.4 Cancellation by Euroclear Bank ................................................................................................................. 2
17.5 Reporting ...................................................................................................................................................... 2
Operating Procedures
January 1, 2001
Part II - Services - A -Securities Clearance and Settlement Section 17 - ACE confirmation and matching
17.1 General
(a) Euroclear Bank provides the following trade and/or settlement confirmation and reporting services in
accordance with the provisions of this Section. Instructions may be for:
(i) complete processing, including ACE confirmation, matching and settlement, and, if elected, FSA
reporting; or
(ii) for ACE confirmation and matching only, but not settlement or FSA reporting; or
(iii) for FSA reporting only (see Section 18).
(b) Only internal instructions or Bridge instructions, in both cases other than Free of Payment Delivery
Without Matching Instructions, may be for ACE confirmation and matching only.
(b) Similarly, settlement date may be included and, if present in the two instructions, will be compared. If the
dates in the two instructions are different, the instructions will be reported as unmatched.
(c) Subject to (a) and (b) above, the matching fields for internal instructions (free and against payment) are set
out in the Internal settlement section (13.2.4), and for Bridge instructions as set out in the Bridge settlement
section (14.2.4).
(b) ACE confirmation notes are reported only if the matching field for basic trade data is present in the
counterparty's instruction.
(c) Matching results reports described in the Euroclear Documentation are available regardless of whether or
not basic trade data is entered in the instruction.
Operating Procedures 1
January 15, 2007
Part II - Services - A -Securities Clearance and Settlement Section 17 - ACE confirmation and matching
17.5 Reporting
(a) The confirmation notes report may be used for ACE confirmation and matching purposes.
(b) ACE confirmation notes were designed in conjunction with A.I.B.D., now ISMA, to comply with Section
200 of the Rules of the A.I.B.D., now Section 200 of the Rules of ISMA, concerning the issue and contents of
confirmation notes. ACE confirmation notes do not necessarily satisfy other applicable legal or regulatory
requirements. It is the Participant’s responsibility to verify and comply with such requirements and Euroclear
Bank accepts no responsibility or liability in respect of a failure of any Participant to do so.
2 Operating Procedures
January 1, 2001
Part II - Services - A - Securities Clearance and Settlement Section 18 - FSA reporting
Table of contents
Operating Procedures
November 19, 2007
Part II - Services - A - Securities Clearance and Settlement Section 18 - FSA reporting
(b) A Participant wishing to use the Euroclear FSA transaction reporting service offered by Euroclear Bank
must execute the appropriate registration agreement. Relevant instructions of a Participant which has signed a
registration agreement will be reported to FSA with effect from the Business Day following that on which the
Form of Request pertaining to such instructions is received by Euroclear Bank by 10:00 from the Participant.
Participants wishing to use the Euroclear FSA transaction reporting service must follow the procedures set out
in the Euroclear Documentation relating to FSA transaction reporting.
(c) Euroclear Bank transmits daily to FSA the following instructions input by Euclid (including Euclid PC and
Euclid Server) only for accounts that are registered for Euroclear FSA transaction reporting (instructions input
by any means other than Euclid are not eligible for this service):
(i) instructions which are not for settlement through the Euroclear System, but for reporting to the FSA
(“FSA Reporting Only” instructions). Such instructions may relate to issues of securities which are not
accepted in the Euroclear System;
(ii) securities settlement instructions which are for settlement through the Euroclear System.
(d) Instructions reported to FSA as set forth in (c) above do not include:
(e) Instructions to be reported to the FSA that are input no later than 20:15 on trade date +1 are reported to the
FSA on trade date +1.
(f) It is the responsibility of each registered Participant to comply with FSA requirements set out in its
transaction audit trail reporting. Euroclear Bank shall have no liability in respect of the failure of any
Participant to comply with such requirements. Euroclear Bank does not guarantee that the FSA transaction
reporting service will be available for all securities for which the FSA requires reporting.
(g) Reporting to FSA may include information about Participants that are not using the Euroclear FSA
reporting but are counterparties in reported transactions. Such information may include both the Securities
Clearance Account number and description as counterparty for all Participants (regardless of whether United
Kingdom-based or not).
Operating Procedures 1
November 19, 2007
Part II - Services - A - Securities Clearance and Settlement Section 18 - FSA reporting
(h) A Participant registered for FSA reporting acting as agent for a single instructing party in a particular trade
can comply with FSA requirements by completing the “Instructing Party” field in its instruction; a registered
Participant acting as agent for several clients in a particular trade must report the identification of each of its
instructing parties and the related quantity of securities to FSA by inputting, in addition to its main instruction,
one FSA Reporting Only instruction per instructing party. The new “Related Reference” field in each
underlying “FSA Reporting Only” instruction should be completed with the reference of the “main” instruction
in order to link these instructions.
(i) Participants registered for FSA reporting are responsible for ensuring that the necessary information is
included in their instructions. Where some or all of the necessary information is not included in a Participant’s
instruction, Euroclear shall not be liable in any respect for a resulting failure by such Participant to comply
with FSA reporting requirements as they may apply to such Participant.
2 Operating Procedures
November 19, 2007
Part II - Services - B - Custody
Part II - B - Custody
Table of contents
Operating Procedures
January 1, 2001
Part II - Services - B - Custody Section 19 - Custody general rules
Table of contents
Operating Procedures
April 14, 2008
Part II - Services - B - Custody Section 19 - Custody general rules
Operating Procedures
April 14, 2008
Part II - Services - B - Custody Section 19 - Custody general rules
Operating Procedures 1
January 15, 2007
Part II - Services - B - Custody Section 19 - Custody general rules
19.2 Safekeeping
(a) Each Participant agrees, pursuant to the Belgian Royal Decree N° 62 dated November 10, 1967, facilitating the
circulation of securities, as amended (the “Royal Decree”) or other applicable Belgian legislation providing for a
regime of fungibility, as the case may be, that securities of any issue held for its account in the Euroclear System are
recorded on a Securities Clearance Account, may be treated by Euroclear Bank as fungible with all other securities of
the same type with the same Common Code which are on deposit with Euroclear Bank.
(b) Securities may be deposited by Euroclear Bank with a Specialised Depositary (including Common Depositaries
and Common Safekeepers) or directly with an Other Clearance System, including Clearstream Banking. The code for
each Specialised Depositary or Other Clearance System is indicated in the Euroclear Bank securities database.
(c) Certain securities held directly by Euroclear Bank in an Other Clearance System are deemed to be specialised to
such Other Clearance System.
(d) Where securities of a new issue are represented by a single global certificate, either in temporary form, or in
permanent form from issuance or as the result of the exchange of a temporary global certificate, the custody of such
global certificate will be entrusted to a Common Depositary or, if in NGN form, to a Common Safekeeper. If the
securities are in temporary global form, the temporary global certificate is held by the Common Depositary or
Common Safekeeper until exchanged for definitive securities in either global or individual form. If for any reason a
global security is subdeposited or sub-safekept with a bank other than the Common Depositary or Common
Safekeeper, such subdepositary or sub-safekeeper is not a Common Depositary or a Common Safekeeper,
respectively, and is responsible exclusively to the Common Depositary or Common Safekeeper, as applicable, for the
safekeeping of such global security.
(e) Certain securities in registered form may be held directly with the issuer (or the issuer’s agent), without the
intervention of a Depositary.
19.3.1 General
(a) Euroclear Bank may, but is not obligated to, report information to Participants in respect of Corporate Events of
which it has received notice in a manner and from a source satisfactory to it. Before reporting a Corporate Event to
Participants, Euroclear Bank may require that a formal announcement to the general public has been made as is
customary for the relevant Corporate Event, through an independent publication as specified by Euroclear Bank.
(b) Euroclear Bank in its sole discretion considers whether information of which it has notice relates to a Corporate
Event, determined in accordance with criteria such as whether the event affects all holders of a particular issue of
securities held in the Euroclear System, whether the information does not relate exclusively to trading activities,
whether such information relates to the issuer’s bankruptcy, insolvency or failure to comply with the terms and
conditions of the issuance of such security and such other criteria as it may consider to be appropriate in the
circumstances of the particular event.
(c) Euroclear Bank does not verify the accuracy or completeness of the information of which it receives notice and
which it reports to Participants and accepts no liability for the inaccuracy or incompleteness of the information.
Euroclear Bank accepts no liability if the information it reports is not received by Participants in a timely manner.
(d) For the Participant’s convenience, the reports provided by Euroclear Bank may be summaries or English
translations of information of which it has received notice. Reliance on such summaries or translations is at the
Participant’s own risk and Euroclear Bank accepts no liability for the inaccuracy or incompleteness thereof.
Euroclear Bank endeavours to provide Participants, upon request, with an indication as to where copies of the
original information can be obtained.
2 Operating Procedures
April 14, 2008
Part II - Services - B - Custody Section 19 - Custody general rules
(e) Euroclear Bank endeavours to collect information about Corporate Events on a reasonable effort basis. However,
Participants should be aware that Euroclear Bank does not always obtain information or separate notification on
certain Corporate Events set forth in the original documentation for the issuance. Investors are expected to be
aware of the terms and conditions of the securities they purchase and, pursuant to Section 10.3.1(c)(ii), each
Participant is solely responsible for informing itself of the characteristics of the securities it holds, or it intends to
hold, in its Accounts. Euroclear Bank accepts no liability for any failure to provide notification to Participants with
respect to a Corporate Event that is set forth in the original documentation of the issuance.
(i) such securities standing to the credit of its Securities Clearance Account or Transit Account or recorded in a
Record-keeping Account; or
(ii) an unexecuted settlement instruction concerning such securities.
(b) The Euroclear Documentation describe the means by which Euroclear Bank sends DACE notices, the contents
of each DACE notice and the intended reporting period for each Corporate Event. The intended reporting period is
provided for general reference only. Participants are advised not to rely on such intended reporting periods, as
availability of DACE notices may vary for each particular Custody Operation
(c) Information reported in DACE notices may have different status, as follows:
(i) provisional: information is known to be incomplete or subject to change at the time it is reported;
(ii) definitive: latest information available to Euroclear Bank which may also be subject to change;
(iii) notification of change: updates to previously reported information;
(iv) reminders: during reporting periods, Euroclear Bank may send reminders to Participants which received a
previous DACE notice. Euroclear Bank is however not obliged to send any such reminders and Participants
must not expect that any such reminders will necessarily be sent.
(d) The Euroclear Documentation illustrates event types and descriptions of the Corporate Events that may be
reported to Participants, but should not be regarded as exhaustive.
(b) Euroclear Bank provides the ANIR report before it has confirmation of the receipt of anticipated funds and
therefore accepts no liability if payment is not received or is received at a time other than when anticipated.
Euroclear Bank accepts no liability for any inaccuracy, incorrectness or incompleteness of the information provided
in any ANIR report or in any Income Payable Report.
Operating Procedures 3
April 14, 2008
Part II - Services - B - Custody Section 19 - Custody general rules
(b) Euroclear Bank may, in its sole discretion, provide a DACE notice informing Participants of ordinary or
extraordinary meetings of which it has been informed for other securities than Qualifying Equities or
Qualifying Funds.
(b) If the acceptance of a resolution results in a Corporate Event, the result of such resolution is reported in a
DACE notice.
(b) Participants acknowledge and agree that a Corporate Action Alarm Bell Report is not a substitute for the
other reports referenced in such Corporate Action Alarm Bell Report. A Corporate Action Alarm Bell Report
is intended solely as a reminder of the applicable deadline with respect to the particular Alarm Bell Corporate
Event. A Corporate Action Alarm Bell Report contains summary information with respect to a particular
Alarm Bell Corporate Event and may be understood solely in conjunction with the information set forth in the
other reports referenced in such Corporate Action Alarm Bell Report. Euroclear Bank accepts no liability for
losses arising from actions taken by a Participant in reliance solely on the information contained in a Corporate
Action Alarm Bell Report without reference to the other reports noted in such Corporate Action Alarm Bell
Report.
(a) Entered into a letter of agreement with Euroclear Bank in accordance with Section 6.2.3(a) confirming that
instructions and other messages may be sent to such Participant through SWIFT; or
(b) Entered into an agreement with Euroclear Bank in accordance with Section 6.2.4(a) whereby such
Participant agrees to the rules of Euclid as set out in the Euroclear Documentation and agrees to communicate
with Euroclear Bank via Euclid.
4 Operating Procedures
April 14, 2008
Part II - Services - B - Custody Section 19 - Custody general rules
19.3.2.4.3 Triggering Rules for Provision of Corporate Action Alarm Bell Reports
For each Alarm Bell Corporate Event, one or more Corporate Action Alarm Bell Report with respect to such
Alarm Bell Corporate Event is sent to each Alarm Bell Participant that meets one or more of the following
conditions:
(a) the Participant has, or had as of the relevant certification date or Record Date, securities standing to the
credit of one of its accounts affected by such Alarm Bell Corporate Event and for which instructions or
certifications with respect to all such securities have not yet been executed or validated by Euroclear Bank
concerning such Alarm Bell Corporate Event, provided that:
(i) for certain certifications that cannot be provided by the Participant in electronic form or that are
required for a Relief at Source relating to certain markets and/or instruments, Euroclear Bank will continue
to send Alarm Bell Reports with respect to such Alarm Bell Corporate Event to the Participant even after it
has received a valid and complete certification from such Participant; and
(ii) if the relevant Alarm Bell Corporate Event is a Tax Certification Event relating to a Quick Refund, then
Euroclear Bank will not send an Alarm Bell Report to such Participant unless the securities held by such
Participant are eligible for such Quick Refund;
(b) the Participant has sent and Euroclear Bank has received an instruction concerning such Alarm Bell
Corporate Event which remains pending or which would not be completed without additional action;
(c) the Participant has sent and Euroclear Bank has received an instruction to receive securities of an issue
affected by such Alarm Bell Corporate Event to its Securities Clearance Account with an expected settlement
date prior to the relevant deadline for such Alarm Bell Corporate Event and for which instructions or
certifications with respect to all such securities have not yet been executed or validated by Euroclear Bank
concerning the applicable Alarm Bell Corporate Event affecting such securities;
(d) the Participant has sent and Euroclear Bank has received one or more instructions with respect to another
Corporate Event affecting the same security that remain pending; or
(e) the Participant has transferred or received securities affected by such Alarm Bell Corporate Event pursuant
to a triparty agreement with Euroclear Bank, provided that Euroclear Bank will continue to send Alarm Bell
Reports with respect to such Alarm Bell Corporate Event to such Participants even after it has received, and
executed or validated, an instruction or certification with respect to such Alarm Bell Corporate Event.
Corporate Action Alarm Bell Reports are not provided for any other types of events.
Operating Procedures 5
April 14, 2008
Part II - Services - B - Custody Section 19 - Custody general rules
(b) Participants should be aware that a Corporate Action Alarm Bell Report is generated from other
information available to Euroclear Bank. If such information is inaccurate, incomplete or not updated, the
information in the Corporate Action Alarm Bell Report may also be inaccurate, incomplete or not updated.
Participants should note that the general rules with respect to such information set forth in Section 19.3.1
remain applicable to the information set forth in a Corporate Action Alarm Bell Report. Euroclear Bank
accepts no additional liability with respect to such information for the sole reason that such information is
included in a Corporate Action Alarm Bell Report.
(c) Participants should be aware that Corporate Action Alarm Bell Reports are based on information available
to Euroclear Bank as of the date and time noted in such report. Any changes with respect to such information
occurring after the date and time noted in the Corporate Action Alarm Bell Report will not be taken into
account in such Corporate Action Alarm Bell Report. Euroclear Bank accepts no liability for losses arising
due to actions of a Participant that has not taken into account changes occurring after the date and time noted
in a Corporate Action Alarm Bell Report.
(d) In some cases, Euroclear Bank may send a Corporate Action Alarm Bell Report to a Participant that has
already instructed, or provided a certification to, Euroclear Bank with respect to the relevant Alarm Bell
Corporate Event. In this case, Participants are advised to disregard such Corporate Action Alarm Bell Report
for such Alarm Bell Corporate Event. Euroclear Bank accepts no liability for any losses caused by any action
or inaction of a Participant that has acted solely on the basis of a Corporate Action Alarm Bell Report without
verifying whether an instruction or certification was executed or validated by Euroclear Bank with respect to
the relevant Alarm Bell Corporate Event.
(e) Participants should verify the amount referred to in a Corporate Action Alarm Bell Report as the position
that is “uninstructed”, “unrequested” or “uncertified” on the basis of other reports and information provided by
Euroclear Bank, as well as their own information and records, prior to determining the exact amount of
securities to be instructed. Euroclear Bank accepts no liability for any losses arising due to actions of a
Participant that has acted solely on the basis of the information contained in a Corporate Action Alarm Bell
Report and has not verified the relevant securities positions prior to instructing Euroclear Bank with respect to
the relevant Alarm Bell Corporate Event affecting such securities.
19.3.3.1 General
(a) In addition to the reports sent in respect of Corporate Events, Participants are allowed access to (i) database
information for on-line inquiry through Euclid or via the Euroclear website. While Euroclear Bank obtains this
information from publicly available sources generally considered reliable, it does not verify its accuracy and
completeness and the information may not be up-to-date. Therefore, use of such database information by a
Participant is at the Participant’s sole risk. Information contained in databases or on the website is not intended
to constitute a report on securities or Corporate Events. Participants are advised not to use such information as
a primary source of information. Euroclear Bank does not accept any liability if the database information is not
up-to-date or is inaccurate or incomplete.
6 Operating Procedures
January 15, 2007
Part II - Services - B - Custody Section 19 - Custody general rules
(b) If Euroclear Bank receives information in respect of a third party offer to purchase securities that carry
direct or indirect voting rights, Euroclear Bank will verify if such offer is related to an announced takeover bid.
If the offer is determined by Euroclear Bank, in its sole discretion, to be related to such a takeover bid,
Euroclear Bank will treat such offer as a Corporate Event within the meaning used herein and will endeavour
to provide information in respect of such offer to Participants via DACE notice.
(b) For those Custody Operations which require the Participant to send a Custody Operation instruction to
Euroclear Bank, Euroclear Bank is hereby authorised to take the default action that may be specified in the
Operating Procedures or in the relevant DACE notice (or any similar notice). The Participant may inform
Euroclear Bank in writing before the applicable deadline that it does not wish Euroclear Bank to take such
default action and Euroclear Bank will relay such instructions as appropriate, provided that, and only if, the
issuer and/or its agents would allow for instructions other than the default action. Euroclear Bank reserves the
right to block securities of the issue concerned by the default action following the applicable deadline, until the
end of the Real-time Processing, or until such time Euroclear Bank considers necessary for execution of the
default action.
(c) For those Custody Operations which do not require the Participant to send a Custody Operation instruction,
the Participant hereby authorises Euroclear Bank to take any and all such actions as may be necessary or useful
to execute such Custody Operations for the account of the Participant in accordance with the Terms and
Conditions and the Operating Procedures, without the need for any further authorisation by the Participant.
Euroclear Bank is however not obligated to take any such action, unless it is expressly specified in the
Operating Procedures or in the relevant DACE notice (or similar notice).
(d) Each Participant hereby appoints and authorises Euroclear Bank, any Depositary or any agent (including
any subdelegated agent) designated or authorised by Euroclear Bank, as its true and lawful agent and Attorney-
in-Fact for the purpose of completing, executing and delivering, on behalf of such Participant, any Required
Document required to be executed or delivered in connection with any Custody Operation on its behalf.
Operating Procedures 7
March 15, 2004
Part II - Services - B - Custody Section 19 - Custody general rules
(i) for those Custody Operations that require an instruction from the Participant; input of instructions,
deadlines and validation conditions set out in Section 19.4.2.1;
(ii) for all Custody Operations, as applicable, the provision of Required Documents as set out in Section
19.4.2.2 ;
(iii) in addition, for those Custody Operations that result in the generation of records (whether an
instruction from the Participant is required or not), the conditions set out below in Section 19.4.2.3 (the
additional Custody Operations Conditions).
19.4.2.1 Conditions for Custody Operations which require an instruction from the
Participant
(b) Euroclear Bank processes only valid Custody Operation instructions received from Participants in
accordance with Section 6 and Sections 19 and 20 and with the format and contents described in DACE
notices and the Euroclear Documention.
(c) Euroclear Bank may, in its sole discretion, decide to accept instructions from Participants which are not in
accordance with the standard instruction type required in the relevant DACE notice.
19.4.2.1.2 Deadlines
Custody Operation instructions must be received by Euroclear Bank by the Input Deadline on the day specified
by Euroclear Bank as the deadline for receipt of such instructions in the relevant DACE notice.
19.4.2.1.3 Validation
(a) After authentication of input, Custody Operation instructions must be validated before being submitted for
further processing. The validation general rules are as described in Section 6. Participants should be aware that
they may receive a notification that a Custody Operation instruction is in the process of validation by Euroclear
Bank. Participants that receive such a notice should double-check their instructions to ensure that the
securities code is correct. Euroclear Bank endeavors to complete the validation of Custody Operation
instructions prior to the deadline for the relevant Corporate Event, but may not be able to do so in all cases
depending on the timing of the receipt of such instructions.
(b) If validation is successful, the Custody Operation instruction is accepted for further processing.
(c) Custody Operation instructions sent through Euclid or formatted SWIFT may be subject to an additional
manual validation. Such instructions may pass the computer validation and then be rejected after manual
validation. Participants are informed of the valid or invalid status of their instructions as described in the
Euroclear Documentation.
8 Operating Procedures
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Part II - Services - B - Custody Section 19 - Custody general rules
(d) The validation of a Custody Operation instruction may (but does not necessarily) include the verification of
completeness as to form of any Required Documents. Euroclear Bank does not verify the contents of any
Required Document and accepts no liability for acting upon any Required Document the completeness of
which it has verified as to form and which it believes to have received from a Participant.
(e) The time required for validation of Custody Operation instructions depends on factors such as:
(i) the means of communication chosen by the Participant to input its instruction;
(ii) the availability, quality and readiness (both as to contents and format) of the information that, in the
sole discretion of Euroclear Bank, is required to permit execution of the instruction;
(iii) the location of the issuer or relevant agents from which information is required;
(iv) the type of Custody Operation instruction; and
(v) the need for manual intervention.
(f) If validation is unsuccessful, the Custody Operation instruction is not accepted for further processing, and is
cancelled by Euroclear Bank. The Participant is notified thereof. Participants should be aware that Custody
Operation instructions sent with an incorrect security code may not receive a rejection notification until after
the deadline for the relevant Corporate Event. Euroclear Bank accepts no liability for Custody Operation
instructions sent by a Participant with an incorrect securities code.
(b) Notwithstanding (a) above, Euroclear Bank may, in its sole discretion, inform Participants by means of
DACE notices or otherwise of the need to execute a Required Document, to the extent that Euroclear Bank has
received sufficient notice thereof. Euroclear Bank informs Participants of the need to execute Required
Documents based on information which it has received in accordance with Section 19.3.1, but does not
guarantee that any such Required Documents will be accepted by the issuer, its agent, or any other relevant
person, or that no other documents may be required.
(i) Euroclear Bank, which will then transmit them either to the issuer or its agent or to any other interested
party as appropriate or will execute (or have executed by a Depositary or an agent) any Required Document
on behalf of the Participant in reliance on its instructions or Required Documents received from the
Participant; or
(ii) the issuer, its agent or any other relevant person.
The Participant is responsible for determining to which person documentation required by the governing
documentation of the issue must be sent.
(d) For the Participant’s convenience, the DACE notices advising of certifications and other Required
Documents may contain summaries of the terms of such certifications, statements or documents required in
connection with an issue. Reliance on such summaries is at the Participant’s own risk and Euroclear Bank
accepts no liability for the inaccuracy or incompleteness thereof.
Operating Procedures 9
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Part II - Services - B - Custody Section 19 - Custody general rules
10 Operating Procedures
January 15, 2007
Part II - Services - B - Custody Section 19 - Custody general rules
(iii) Any Participant which does not timely provide the appropriate form of certification may have its
holding in the security subject to the Certification Event, and any security received by Euroclear Bank in
respect of the Certification Event, blocked, to the extent uncertified, in the Securities Clearance Account to
which the security subject to the Certification Event is credited. Such blocking will be lifted only upon
receipt of the requested certification. Any such security credited to such Securities Clearance Account after
the Certification Event will not be so blocked. Any cash received or to be received by Euroclear Bank in
respect of any Certification Event will be credited to the Cash Account related to the Securities Clearance
Account to which the securities subject to the Certification Event are credited only upon receipt of funds by
Euroclear Bank.
(k) By sending a Custody Operation instruction or the Required Documents, the Participant represents and
warrants that all terms and conditions set forth in:
(i) the governing documentation of the issue or any provision of applicable law,
(ii) any certification, and
(iii) any other Required Document relating to a Custody Operation,
have been satisfied with respect to the relevant securities and related Custody Distributions, and Euroclear
Bank is allowed to act on the basis of such representations and warranties without further investigations.
(l) Upon receipt of a Custody Operation instruction or the Required Documents, Euroclear Bank is entitled to
rely on the completeness and accuracy of any such instruction or documentation as of the date of its delivery or
signature, as appropriate, and unless otherwise notified in writing by the relevant Participant, as of the date of
the Certification Event to which it relates.
(m) Each Participant shall promptly, upon Euroclear Bank’s request, execute (or have executed by the
beneficial owner, if appropriate), a paper form certification as required in the issue governing documentation
or as requested by an issuer or its agent.
(n) Each Participant irrevocably authorises the production of these Operating Procedures, any certification or
record retained by Euroclear Bank of a Custody Operation Instruction, any certification or any other document
delivered by such Participant pursuant to this Section, or a copy or copies of any of the foregoing, to any
interested party in any administrative or legal proceeding or official inquiry with respect to matters covered by
this Section or any such Custody Operation instruction.
(b) Valid Custody Operation instructions are submitted for cash positioning at the beginning of the Real-time
Processing that follows the Overnight Securities Settlement Process during which the securities positioning
related to the same Custody Operation took place, according to their Execution Date either as indicated in the
instruction or as required according to the Custody Operation.
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Part II - Services - B - Custody Section 19 - Custody general rules
(i) If the execution of a Custody Operation requires a debit or a blocking of securities, the Participant must
have sufficient available securities of the issue standing to the credit of its Securities Clearance Account to
make the required delivery.
(ii) If the Participant has insufficient available securities in its Securities Clearance Account and has
securities of the same issue credited to its Record-keeping Account in an amount sufficient to cover the
shortfall of available securities in its Securities Clearance Account, the positioning condition will be
deemed to be fulfilled for certain Custody Operation types, as set out in Section 22.2.4.
(iii) Custody Operations which require a blocking of securities, do not generate Automatic Borrowings, and
therefore such instructions may be unsuccessfully positioned if the Participant has insufficient available
securities in its Securities Clearance Account. See also Section 9 on availability and blocking of securities
and cash.
(b) Cash positioning:
If the execution of a Custody Operation requires a payment, the Participant must have in the relevant
Settlement Currency in the appropriate subdivision of its Cash Account sufficient funds or provision for such
funds to make the required payment. See also Section 9 on availability and blocking of securities and cash.
A Participant to be debited with cash or securities, and using secured credit made available to it by Euroclear
Bank in its separate banking capacity, must have sufficient collateral, as determined by Euroclear Bank in its
separate banking capacity, to meet the instruction.
(i) at the earliest, on the Execution Date of the Custody Operations instruction; and
(ii) at the latest on the date and time determined by Euroclear Bank as the deadline for execution of the
Custody Operation (whether an instruction from the Participant is required or not).
(b) If the execution of a Custody Operation requires a payment from the Participant, funds are debited and the
Value Date is determined with reference to the governing documentation of the Corporate Event, or as advised
by the issuer of the Custody Distribution or any agent acting on behalf of such issuer.
(c) If securities positioning is successful, the securities standing to the credit of a Securities Clearance Account
will either be blocked or debited to such account, depending on the type of Custody Operation.
(d) If the execution of the Custody Operation requires the delivery of securities, an external delivery instruction
is generated automatically by Euroclear Bank on behalf of a Participant and the instruction is processed in
accordance with Section 15. Participants are advised of the risk of loss or delay in delivery of securities in
accordance with Section 15.3.3.
(e) For securities that are in global form, if the execution of the Custody Operation requires the delivery or
blocking of securities, Euroclear Bank automatically generates the necessary instructions on behalf of a
Participant to obtain the mark-down of the global security.
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Part II - Services - B - Custody Section 19 - Custody general rules
(f) If cash positioning is successful, a debit to the Participant’s Cash Account is generated for the Value Date
specified by Euroclear Bank in a DACE notice.
(g) After the Custody Operation has been successfully executed through the relevant Processing, Euroclear
Bank communicates the appropriate information to the Specialised Depositary, Cash Correspondent, agent
appointed by the issuer, and any other relevant person.
(b) All Custody Operations that are unsuccessfully positioned continue to be entered in subsequent Securities
Settlement Processing until executed or cancelled in accordance with the rules set out below and Section 6.6:
(i) Custody Operations relating to holder’s options, except put options which have not met the Custody
Operations Conditions will be cancelled by Euroclear Bank after 5 Business Days;
(ii) Custody Operations relating to offers and put options which have not met the Custody Operations
Conditions will be cancelled by Euroclear Bank if the deadline for receipt of such instruction has been
reached. The Participant will be notified by means considered appropriate by Euroclear Bank that the
instruction has been cancelled;
(iii) Euroclear Bank endeavours to inform Participants promptly of any Custody Operation not executed
and the reason therefor, but accepts no liability for any delay in so doing;
(iv) any securities debited or blocked in anticipation of a delivery or exercise of the Participant’s option or
right will be recredited or unblocked to the Securities Clearance Account from which they were debited or
blocked, as a result of the Overnight Securities Settlement Processing following cancellation of the Custody
Operation instruction.
(b) If a Custody Operation results in the debit of securities from a Securities Clearance Account, Euroclear
Bank may, in its sole discretion, credit the securities to a Transit Account until the credit of the Custody
Distribution to the relevant Securities Clearance Account or Cash Account, as applicable.
(c) Credits and debits resulting from the execution of a Custody Operation (including credits of the product of
Custody Distributions as set out in Section 19.5.3) may be final or provisional, as set out in Section 8. Section
8 also sets forth the circumstances in which such credits and debits may be reversed by Euroclear Bank.
Operating Procedures 13
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14 Operating Procedures
January 15, 2007
Part II - Services - B - Custody Section 19 - Custody general rules
(h) Although all Custody Cash Distributions and other cash amounts relating to Corporate Events on securities
denominated in a National Currency Unit are credited in EUR, the calculation of the entitlement of each Participant to
such Custody Cash Distributions is made in the relevant National Currency Unit. Only the final amount to be booked
is converted into EUR.
(i) Should the application of an entitlement calculation rule result in a discrepancy, due to the rounding of amounts,
between the amount of funds received from the issuer or its agent and the aggregate entitlement amount calculated by
Euroclear Bank, Euroclear Bank may decide, in its sole discretion, to re-calculate Participants’ entitlement by
applying the calculation rules used by the issuer or its agent. In case of a re-calculation, Euroclear Bank reserves the
right to reverse, in accordance with the rules in Section 8, such Custody Cash Distributions that have already been
made in Participants’ Cash Accounts.
Euroclear Bank may also in its sole discretion decide to advance on a provisional basis interest payable by the issuer
or its agent due to delayed receipt of funds for a Cash Custody Distribution (please see Section 8 for the relevant rules
regarding provisional credits).
(c) Euroclear Bank reserves the right to defer the credit of funds resulting from a Custody Cash Distribution to be
credited to a Participant's Cash Account, or to block such funds if already credited to any Cash Account, until it has
received notice of final receipt of funds for its account at the relevant Cash Correspondent.
(d) Notwithstanding the provisions of Section 19.5., under exceptional circumstances, Euroclear Bank may, in its sole
discretion, allow a Participant to waive irrevocably its rights to have its relevant Cash Account credited with a
Custody Cash Distribution with respect to a particular Corporate Event, received, or to be received, by Euroclear
Bank.
(e) Notwithstanding the provisions of Sections 19.5.2, under circumstances in which Euroclear Bank has reasonable
belief that a Participant will not, or has chosen not to, receive a Custody Cash Distribution for a Corporate Event
through Euroclear Bank, Euroclear Bank may, in its sole discretion, deem that such Participant has waived
irrevocably its rights to have its relevant Cash Account credited with a Custody Cash Distribution received, or to be
received, by Euroclear Bank in relation to the same Corporate Event.
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Part II - Services - B - Custody Section 19 - Custody general rules
(f) Euroclear Bank does not verify and accepts no liability for verifying:
(i) the accuracy or completeness or adequacy of, any Custody Cash Distribution that a Participant will not, or
has chosen not to, receive through Euroclear Bank in relation to a Corporate Event: or
(ii) whether any Custody Cash Distribution which a Participant will not, or has chosen not to, receive through
Euroclear Bank in relation to a Corporate Event, complies with applicable law or regulation or governing
documentation of the issue.
Euroclear Bank also accepts no liability for any claims or loss suffered by the relevant Participant arising from or
related to any Custody Cash Distribution that the relevant Participant will not, or has chosen not to, receive through
Euroclear Bank in relations to a Corporate Event.
(g) Euroclear Bank does not investigate Custody Cash Distributions where the difference between the amount
expected and the amount received is less than EUR 200. Participants should further note that Euroclear Bank does
not initiate claims for delayed interest when such compensation is less than EUR 200 or reverse for rounding
discrepancies.
16 Operating Procedures
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Part II - Services - B - Custody Section 19 - Custody general rules
(i) on the date of transfer of the securities from the Transit Account to a Securities Clearance Account; or
(ii) on the date of delivery of the securities credited to the Transit Account out of the Euroclear System,
but in any case not earlier than the date of receipt by Euroclear Bank of confirmation of the credit of the
product of such Custody Distribution to its account.
(b) When the securities in the Transit Account are transferred to a Securities Clearance Account of the
intended recipient, the product of the Custody Distribution will be credited to the Securities Clearance Account
or Cash Account of such recipient.
(c) If the securities in the Transit Account are returned to the depositor, the delivery of the product securities or
payment of the product funds will be returned by the Depositary by any means determined by it with reference
to practice in its local market.
(d) When the securities are credited to a Transit Account on the Record Date pursuant to a delivery instruction,
the product of the Custody Distribution will be credited to the Participant’s Securities Clearance Account or
Cash Account if the securities have been delivered ex-coupon in accordance with local market practice, and
upon confirmation of receipt of such product from the Depositary.
(b) The product of a Custody Distribution in respect of securities for which information is recorded on a Non
Deposit Account in connection with FundSettle International services will, if Euroclear Bank has received
sufficient notice, whether in whole or in part of the amount due, and in the absence of directions by or on
behalf of the issuer to the contrary:
(i) be reflected in the Non Deposit Account, if it results in an increase in the position registered in the name
of the Participant or its designee;
(ii) be credited to the Participant's Securities Clearance Account, if it results in securities which are eligible
for deposit in the Euroclear System and registered in the name of a FundSettle nominee, as set out in
Section 27; or
(iii) be credited to the Participant's Cash Account, as set out in Section 27.
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(iii) to hold the amount of such Custody Distribution received pending determination of the appropriate
distribution thereof; or
(iv) to return such Custody Distribution to the issuer or such agent.
(b) A Participant must provide instructions as to the disposal of a Custody Distribution which is not accepted
for deposit in the Euroclear System by the deadline specified by Euroclear Bank.
(b) In the absence of instructions from the Participant by the deadline specified by Euroclear Bank, Euroclear
Bank is authorised either:
(i) to deliver the Custody Non-Cash Distribution to an account of the Participant outside the Euroclear
System; or
(ii) to provide the issuer, an agent or other relevant person with the name and address of the Participant so
that the Custody Non-Cash Distribution can be delivered to it.
(c) Euroclear Bank accepts no liability for such delivery of Custody Non-Cash Distribution or any cost incurred
in connection therewith.
(d) If a Participant is to receive an odd lot not accepted in the Euroclear System, in accordance with Section 4,
as a result of a Corporate Event, the odd lot will not be credited to the Participant’s Securities Clearance
Account. Euroclear Bank will notify the Participant that it may request Euroclear Bank to deliver the odd lot
to a recipient outside the Euroclear System in the relevant domestic market. If, within two weeks of such
notice being sent by Euroclear Bank, the Participant has not sent such a delivery request to Euroclear Bank,
Euroclear Bank is authorised to ask a third party to try to arrange for the sale of the odd lot and to credit the
Participant’s Cash Account with the proceeds of any such sale, after the deduction of any expenses incurred in
connection with such sale. Euroclear Bank does not guarantee that any sale will be made and does not assume
any responsibility for the terms or conditions (including the price) of any sale that is made.
(e) If the product of a Custody Non-cash Distribution results in fractional amounts of securities or in a number
of securities that cannot be allocated to the number of Participants entitled to such distribution, Euroclear Bank
is authorised (i) to request to the issuer or its agent to credit an amount of cash equivalent to the non-
acceptable or non-allocable Non-cash Distribution; or (ii) to ask a third party to try to arrange for the sale of
the non-acceptable or non-allocable portion of the Non-cash Distribution and to credit the Participant’s Cash
Account with the proceeds of any such sale in accordance with Section 19.5.2, after deduction of any expenses
incurred in connection with such sale. Euroclear Bank does not guarantee that any sale will be made and does
not assume any responsibility for the terms or conditions (including the price) of any sale that is made.
(b) In the absence of such instructions mentioned in (a) above, Euroclear Bank is authorised to provide the
issuer, an agent, or other relevant person, with the name and address of the Participant so that the Custody
Cash Distribution can be delivered to it.
18 Operating Procedures
January 1, 2001
Part II - Services - B - Custody Section 20 - Custody specific rules
Table of contents
Operating Procedures
September 20, 2004
Part II - Services - B - Custody Section 20 - Custody specific rules
Operating Procedures
April 14, 2008
Part II - Services - B - Custody Section 20 - Custody specific rules
20.1 General
(a) The rules applying to all Custody Operations are set out in Section 19 (Custody general rules).
(b) This Section 20 sets forth the exceptions and additional rules that apply to certain Custody Operations only.
where “y” is the number of days per year specified in the prospectus.
(b) Any result that has more than six decimal places is truncated at the sixth decimal place without rounding.
(b) Securities approaching redemption are subject to settlement restriction as set out in Section 9.
(c) For securities with an automatically extendable maturity date, Euroclear Bank will reflect the final (extended)
maturity date in its systems. Without prejudice to Section 19.5.3.1(c), payment of the redemption proceeds may take
place on the initial maturity date on condition that Euroclear Bank has received confirmation in due time from the
issuer or its agent that payment will take place on the initial maturity date which will therefore not be automatically
extended.
(b) If a partial redemption does not require a reduction of the minimum denomination in which securities of an issue
can be traded, unexecuted settlement instructions will be processed in accordance with Part II - A - Settlement and
securities will not be debited to Participants’ Securities Clearance Accounts.
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(b) In accordance with the arrangement with Clearstream concerning book-entry transfers, if up to USD 1,000,000
nominal value (or the equivalent in other currencies or Composite Currency Units) of any issue of securities subject to
the partial redemption by drawing is held in the Euroclear System on behalf of Clearstream under such arrangement;
then
(i) if the securities subject to the partial redemption by drawing can be allocated in full to Participants, the
securities held on behalf of Clearstream will be excluded from the allocation procedure in the Euroclear System;
and
(ii) if the securities subject to the partial redemption by drawing cannot be allocated in full to Participants, the
securities subject to the partial redemption by drawing will be allocated among Participants and Clearstream in
accordance with the procedures described in (a) above. If, however, on the day of the allocation in the Euroclear
System, the amount of the issue held on behalf of Clearstream is equal to or greater than USD 1,000,000 (or its
equivalent in other currencies or Composite Currency Units), the entire amount of the issue held on behalf of
Clearstream is included in the allocation procedure of the Euroclear System described in the previous paragraph.
The arrangement includes similar allocation procedures in respect of securities held in Clearstream on behalf of
the Euroclear System.
(c) In the event of a partial redemption of a security held in global form by a Common Depositary or Common
Safekeeper and in the absence of indications to the contrary in the governing documentation of the issue, the
respective proportional interests of Euroclear Bank and Clearstream in the global security will be determined as of the
close of business on the business day, being a day when both Euroclear Bank and Clearstream are open for business,
preceding the date of notification of the redemption. The principal amount of the security in global form called for
redemption will be allocated pro rata to the Euroclear System and to Clearstream in such proportions and in
accordance with the agreements between Euroclear Bank, Clearstream, and each of the Common Depositaries or
Common Service Providers/Common Safekeepers. The amount so allocated to the Euroclear System will be allocated
to Securities Clearance Accounts in accordance with its usual procedures.
(d) Participants should be aware that Euroclear Bank and Clearstream do not always execute drawings as of the same
time on the relevant drawing date. Accordingly, Participants receiving securities or delivering securities subject to a
drawing via a Bridge settlement on the relevant drawing date, may lose their right to participate in the drawing or,
potentially, be subject to the drawing twice, Euroclear Bank accepts no liability for losses caused by Participants that
choose to deliver or receive securities subject to a drawing via Bridge settlement on the relevant drawing date.
(e) In the case of a partial redemption by drawing or partial call by lottery in a local market, Euroclear Bank will
endeavour to notify Participants as soon as it receives notification from the local market. Participant positions may be
blocked between the time of local processing and processing in Euroclear Bank, if deemed appropriate by Euroclear
Bank.
(f) Euroclear Bank cannot process a local market drawing or partial call until after the results from the relevant local
market are made available to Euroclear Bank by the relevant Depositary or Other Clearance System. Euroclear Bank
will process a local market drawing or partial call only upon receipt of such results. Participants will be drawn on the
positions available at the time the drawing is processed in Euroclear. Participants should be aware that the timing of a
Euroclear processing of a drawing or partial call reflecting a local market drawing or partial call will be different from
the time of the processing in the local market and may, in certain cases, be based on positions for a different record
date. Participants should also be aware that the processing rules for drawings at Euroclear Bank may differ from the
processing rules used in the local market.
(g) If external settlements of drawn or called securities occurring between the time of the processing of the drawing or
partial call in a local market and the Euroclear processing of such local market drawing or partial call cause the total
drawn or called position in the local market to be greater than the Euroclear position at the time of the Euroclear
processing, Euroclear will debit the Participant(s) that most recently held the relevant drawn or called securities and
that delivered such drawn or called securities out of the Euroclear System. Such securities will be included in the
Euroclear processing of the drawing or partial call and it is possible that a shortfall may arise. Any shortfall in a
Securities Clearance Account created by such an external settlement of a drawn or called security shall be covered by
the relevant Participant(s) in accordance with Section 15(c) of the Terms and Conditions, provided that, in some cases
Euroclear may be required to purchase the relevant securities to cover the drawing or partial call in a period of less
than seven business days. Euroclear Bank accepts no liability for any losses caused by such a shortfall or the covering
thereof or for any risks related to the holding of callable securities by Participants.
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Part II - Services - B - Custody Section 20 - Custody specific rules
(b) Participants may select the following options for automatic conversion:
(i) conversion of either dividends or interest ; or both
(ii) conversion of income credited in specific or all Settlement Currencies;
(iii) conversion of income up to a specified maximum amount for each currency to be converted on each Business
Day;
(iv) income to be credited from a specified start date.
(c) A registration for automatic conversion, a change to a registration or revocation of a registration must be received
by Euroclear Bank on a Business Day by 10:00, to be effective two Business Days later.
(d) The amount of a currency to be converted on a given Business Day is determined as:
(i) amount of income to be credited on the next Business Day;
(ii) plus income amounts resulting from a market claim or other compensation already processed to be credited;
(iii) less income amounts resulting from a market claim or other compensation already processed to be debited;
(iv) less any income amounts resulting from a market claim or other compensation to be processed to be debited.
(e) To be taken into account, settlement instructions must have been received by Euroclear Bank by 17:00 on the day
the conversion is processed.
(f) The conversion is executed on the Business Day preceding the date on which the income is to be credited, provided
that it is a business day in the countries of both the currencies, or if it is not such a business day, the immediately
succeeding Business Day. Cash is debited and credited to the appropriate subdivisions of the Cash Account on the
day of execution of the conversion. The Value Date of the conversion is the first Business Day after the execution
date.
20.3 Taxes
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(b) The information provided is not intended to constitute legal advice and should not be relied upon as such.
Participants are responsible for informing themselves of applicable legal, tax or regulatory requirements. Euroclear
Bank does not accept any liability if the information it provides is not up-to-date or is inaccurate or incomplete.
(c) Euroclear Bank may, in its sole discretion, provide Participants with information as to the number of securities or
amount of Custody Distributions on which Participants may obtain tax relief services through Euroclear. This
information however may not be construed as an acknowledgement of the Participants' or beneficial owners'
entitlement to tax relief. Participants are responsible for determining whether Participants or beneficial owners are
entitled to tax relief, and if so, the number of securities or amount of Custody Distributions on which they are entitled
for relief.
(d) Irrespective of any information provided by Euroclear Bank as set out in this Section, Participants are liable for
any taxes, interests, penalties or any other amounts payable in respect of securities held in the Euroclear System or in
respect of transactions with securities held in the Euroclear System.
(b) The tax assistance set out in (a) above may consist of, but is not necessarily limited to:
(i) checking whether documents sent by a Participant to support a tax relief claim appear to be complete as to
form;
(ii) forwarding documents to support a tax relief claim, to the extent that Euroclear Bank believes that the
documentation appears to be complete as to form;
(iii) reporting to a Participant the status of its tax relief claim;
(iv) crediting recovered tax amounts to the relevant Participants’ Cash Accounts.
In the case of depositary receipts, the tax assistance set out in (a) is generally limited to:
(i) transmitting the information and documentation received from the issuer or its agent to the Participant, without
independently verifying it;
(ii) whenever a tax relief service is offered by the issuer or its agent either at source or through a refund procedure,
forwarding the documents to support a tax relief claim received from the Participant to the issuer or its agent when
required, without independently verifying whether the documents appear to be complete as to form;
(iii) crediting the recovered tax amounts to the relevant Participant’s Cash Accounts.
(c) Euroclear Bank gives no guarantee that tax procedures will result in obtaining tax relief either at source or through
a refund procedure. Neither does Euroclear Bank guarantee that no additional procedural requirements must be
complied with.
(d) Euroclear Bank may, in its sole discretion, decide to withdraw from participating in any tax procedure, refuse to
process any particular tax claim or cancel any pending tax claims. Euroclear Bank accepts no liability for any
discontinuance, temporary or permanent, of any tax procedure or any tax claim, for whatever reason.
(e) Euroclear Bank is not responsible for the correctness, accuracy, timeliness or completeness of documents to
support a tax relief claim received from a Participant and processed or forwarded to the relevant persons or
authorities.
(f) Euroclear Bank may in its sole discretion process or forward documents to support a tax relief claim from a
Participant received after the Euroclear deadline, but Euroclear Bank accepts no liability whatsoever for any errors or
omissions resulting from its processing or forwarding, nor for any damages, costs, taxes, penalties, interests thereon
or other related amounts.
(g) Euroclear Bank is not responsible for the value under which any recovered tax amounts are credited or for any
delay in crediting such amounts. The credit of the recovered tax amounts to a Cash Account is provisional until the
receipt is final.
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(h) If any Participant receives an unwarranted benefit, the Participant undertakes to refund any amount corresponding
to such unwarranted benefit, together with any interests and penalties thereon. In this regard, Participants irrevocably
authorise Euroclear Bank to debit their Cash Accounts for this amount.
(i) Participants authorise Euroclear Bank and the relevant Depositary or Other Clearance System to disclose to the
local authorities (including the tax authorities) or any other appropriate person all required information or
documentation.
(j) Participants undertake to notify Euroclear Bank immediately of any change which could render any statement in
any declaration connected with tax procedures untrue or incomplete and undertake to immediately complete and
correct such documentation accordingly.
(b) The Proactive Tax Reclaim Service, when offered, is available upon subscription in respect of certain eligible
securities held or to be held in one or more Securities Clearance Accounts designated by a Participant.
(c) Euroclear Bank may publish a Proactive Tax Reclaim Service guide which describes the scope and various features
of the service, including, but not necessarily limited to, the computation of the securities holding eligible for the
Proactive Tax Reclaim Service, the applicable documentation requirements and other procedural requirements to be
complied with by the subscribers. In case of conflict between the Proactive Tax Reclaim Service guide and the
Operating Procedures, the Operating Procedures shall prevail.
(d) The information provided in the Proactive Tax Reclaim Service guide is subject to change at any time without
prior notice. The information is not intended to constitute legal advice and should not be relied upon as such.
Euroclear Bank does not accept any liability if the information is not up-to-date or is inaccurate or incomplete.
(e) A Participant wishing to subscribe to the Proactive Tax Reclaim Service must acknowledge receipt of or access to
(via the Euroclear website) and agree to the Proactive Tax Reclaim Service guide, as amended from time to time, by
returning the duly completed and executed Subscription Agreement to Euroclear Bank. A Participant shall in the
Subscription Agreement :
(i) designate the Securities Clearance Accounts for which it wishes to subscribe to the Proactive Tax Reclaim
Service;
(ii) if the designated Securities Clearance Accounts are segregated accounts, inform Euroclear Bank of the source
countries for which it wishes to subscribe to the Proactive Tax Reclaim Service;
(iii) undertake to communicate the identification data of the beneficial owners of the securities held or to be held
on the designated Securities Clearance Accounts to Euroclear Bank either in the Subscription Agreement itself or
in the Holding Breakdown.
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(v) it will notify Euroclear Bank immediately, via registered mail, tested telex or authenticated SWIFT, if all or
part of the quantity of securities or beneficial owners taken into account to generate a refund claim according to the
rules set out in the Proactive Tax Reclaim Service guide as amended from time to time is or are not eligible for the
refund claim so generated;
(vi) if the Securities Clearance Account to which the Subscription Agreement relates is a Segregated Account, all
securities in respect of which it has subscribed for the Proactive Tax Reclaim Service and which are held or to be
held in the Securities Clearance Account indicated in this Subscription Agreement, belong to one single beneficial
owner, the identification data of which are provided in the Subscription Agreement;
(vii) if the Securities Clearance Account to which the Subscription Agreement relates is an Omnibus Account, the
securities for which a Holding Breakdown is provided by the appropriate deadline belong to the beneficial owners
for which identification data are provided in the Holding Breakdown;
(viii) If the Subscription Agreement is to apply for cash dividend payments made prior to the date of execution of
the Agreement, such application does not generate duplicate claims; and
(ix) it understands that the ultimate responsibility to restitute unwarranted tax benefits and any associated fees,
fines or interests remains with the Subscriber.
(g) If accepted as a Subscriber to the Proactive Tax Reclaim Service, a Participant will be notified by Euroclear Bank
of the date from which the service commences.
(h) Euroclear Bank gives no guarantee that the introduction of a withholding tax refund claim through the Proactive
Tax Reclaim Service will result in a refund of withholding tax. Neither does Euroclear Bank guarantee that no
additional documentation requirements must be complied with.
(i) The introduction of a withholding tax refund claim by Euroclear Bank will not constitute an acknowledgement of
the beneficial owner’s entitlement to the withholding tax relief applied for and may not be construed as such.
(j) Euroclear Bank may at any time in its sole discretion discontinue the Proactive Tax Reclaim Service for all or
certain subscribers, upon notice to all affected subscribers effective immediately.
(k) Any Participant may advise Euroclear Bank by registered mail, tested telex or authenticated SWIFT message, that
it wishes to resign as a subscriber to the Proactive Tax Reclaim Service. Any such resignation shall become effective
as from the second Business Day following receipt of the notice to resign by Euroclear Bank.
(l) Neither the discontinuance of the Proactive Tax Reclaim Service or the termination of a given subscription or the
resignation of a given subscriber shall affect the obligations of the subscribers to Euroclear Bank. Euroclear Bank
shall have no liability to any Participant or other person as a result of any discontinuance, termination, resignation or
any other action pursuant to this Section 20.3.3.(j) or (k).
(m) Sections 20.3.1. and 20.3.2. are also applicable to the Proactive Tax Reclaim Service described in this Section,
except if provided otherwise therein.
20.4.1 General
(a) Except where applicable law or issue documentation requires otherwise or when considered appropriate by
Euroclear Bank, subscription rights accepted for deposit in the Euroclear System will be allocated a separate Security
Code from that of the parent security with respect to which the rights are issued.
(b) When Euroclear Bank is aware of a forthcoming issue of subscription rights, it will accept settlement instructions
for the transfer of such subscription rights subject to the terms of any particular subscription rights, but will not
execute any such instruction prior to the date of issue of such subscription rights. Euroclear Bank will, however, not
accept Custody Operation instructions in respect of subscription rights until after their issuance.
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(c) Deposits of subscription rights into the Euroclear System, and deliveries of such securities out of the Euroclear
System, will be executed only by the Depositary and on such terms as may be determined in the sole discretion of
Euroclear Bank.
(b) Any rights so sold are debited to the Securities Clearance Account to which they were credited. The proceeds of
the sale of the rights, less any fee, cost, penalty or expense incurred by Euroclear Bank in connection with the sale of
the rights, are credited to the Cash Accounts of the Participants whose Securities Clearance Accounts were debited,
pro rata to the amount of such rights sold.
(b) Any rights which lapse are debited to the Securities Clearance Account to which they have been credited.
(c) If any payment is received by Euroclear Bank in respect of such lapsed rights, such payment less any fee, cost,
penalty or expense is credited to the Cash Accounts of the Participants whose Securities Clearance Accounts were
debited pro rata to the amount of such rights previously credited to the related Securities Clearance Accounts.
(b) If Euroclear Bank has given notice of exercise and cash positioning is unsuccessful on the date on which payment
is required, Euroclear Bank is authorised, but in no way obligated, to, pay the required amount for the account of the
Participant, without relieving such Participant of any liability for such payment or default thereof.
(c) The timing applicable to these payments is that of the appropriate form of money transfer instruction as described
in Section 21.
20.4.5 Liability
Euroclear Bank accepts no liability for:
(i) the exercise of rights or its inability to exercise such rights;
(ii) the terms on which such rights were exercised;
(iii) the terms on which any rights are purchased or sold;
(iv) any delay or failure of the settlement of any purchase or sale of rights or any direct or indirect consequence of
such delay or failure;
(v) its inability to sell or purchase rights; or
any lapse of rights.
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(b) For detachment of warrants for a new issue of securities when the Execution Date is not later than the date of the
Overnight Securities Settlement Process in which the issue is distributed, and if the instruction has been input for a
Securities Clearance Account which is to receive securities from a New Issues Securities Clearance Account,
Euroclear Bank submits the instruction to transfer securities to the Overnight Securities Settlement Process in which
the new issue is distributed. Internal settlements against payment for settlement on closing date of warrants or
ex-warrant securities resulting from such detachment of warrants are processed in accordance with Section 16 as new
issues of securities.
20.6.1 General
Detachment of coupons or coupon stripping is the process whereby interest coupons for future payment dates are
separated from the security corpus that entitles the holder to principal repayment. In case of stripping, each of the
stripped coupon (Coupon Only or “CO”) or stripped corpus (Principal Only or “PO”) is assigned a separate Security
Code, different from the Security Code of the original security.
(b) Coupon stripping in the Euroclear System is done only at a Participant’s request, provided that stripping is not
anticipated in the governing documentation of the issue. In particular, Euroclear Bank does not agree to strip coupons
in the following circumstances:
(i) coupon stripping contemplated by an issuer in the structure of the issue (organised stripping); or
(ii) securities stripped by or on behalf of custodians that repackage long-term securities (repackaging of securities).
(c) The instructing Participant is solely responsible for ensuring that local regulations do not prohibit coupon
stripping when submitting a Custody Operation instruction. Euroclear Bank makes no investigation in this regard.
Participants wishing to strip securities in the Euroclear System or wishing to hold stripped securities in the Euroclear
System should consult their tax advisers about tax requirements and consequences of such actions. Participants
stripping securities in the Euroclear System or holding stripped securities in the Euroclear System do so at their own
risk. In the event of issuer default, the rights of holders of POs and COs will be determined in accordance with the
governing documentation of the issue and applicable law.
(d) If CO rights are not recognised, and if possession of coupons is necessary for PO holders to exercise their rights,
Euroclear Bank will reattach the necessary coupons and CO holders will lose any further claim.
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(b) In addition to (a) above, coupons may be stripped in the Euroclear System if the securities from which the coupons
are to be stripped do not have any of the following features:
(i) carry any holder options which, once exercised, cancel or amend coupons with future dates or the rights for CO
holders with the exception of currency (options and the like to be exercised at each interest payment which do not
prevent coupon stripping in the Euroclear System);
(ii) carry any issuer options which, once exercised, cancel coupons with future dates or the rights of CO holders
(with the exception of a call option for tax reasons, which will not prevent coupon stripping in the Euroclear
System);
(iii) require any beneficial ownership certification at the time of, or after, the coupon stripping;
(iv) have a credit rating less than Aa (Moody’s) or AA (Standard and Poor’s and Mikuni’s) at the time of the
coupon stripping.
(b) Custody Operations instructions for detachment and reattachment of coupons are executed, only if securities
positioning is successful, as a result of the Securities Settlement Process dated the Business Day preceding the
Execution Date indicated in the instruction. The securities positioning which occurs as a result of the Overnight
Securities Settlement Process is based on available securities at the end of the Real-time Processing.
(d) In case of early redemption for tax reasons, or partial redemption by drawing, Euroclear Bank will take such
action as it in its sole discretion determines to be necessary to calculate the value of the PO and COs and will allocate
the redemption proceeds to holders pro rata according to their present value calculations.
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20.7.1 General
(a) Market claims may be processed in respect of a Custody Distribution when:
(i) a Participant has instructed a transfer of securities cum-distribution which settles ex-distribution; or
(ii) a Participant receives a distribution on securities that it has acquired ex-distribution.
(b) Subject to Section 20.7.2, the type of security on which there is a distribution and the type of instruction determine
whether the market claim is processed by Euroclear Bank, or not, and, if so, when it is processed:
(i) the Domestic Market Claims Procedure is used for processing market claims by Euroclear Bank on internal and
external settlements (but not on Bridge Settlements), as set forth below in Section 20.7.2; and
(ii) the Other Market Claims Procedure is used for processing market claims by Euroclear Bank on certain internal
settlements against payment, as set forth below in Section 20.7.3.
Market claims for Bridge settlements are not processed by Euroclear Bank.
(c) When a Participant receives a distribution on securities that it has transferred cum-distribution, the market claim is
effected by:
(i) a debit to the transferring Participant’s Cash Account or Securities Clearance Account, as the case may be; and
(ii) a credit to the recipient Participant’s Cash Account or Securities Clearance Account, as the case may be.
(d) When a recipient Participant receives a distribution on securities that it has acquired ex-distribution, the market
claim is effected by:
(i) a debit to the recipient Participant’s Cash Account or Securities Clearance Account, as the case may be; and
(ii) a credit to the transferring Participant’s Cash Account or Securities Clearance Account, as the case may be.
(e) Participants may not instruct a transfer of securities cum-distribution that it has acquired ex-distribution if this is
prohibited under the local market rules. When a Participant has in spite of said prohibition transferred securities cum-
distribution that it has acquired ex-distribution, the market claim will not be processed in the Euroclear System unless
the market claim is processed automatically in the local market. In the latter case, the market claim will,
notwithstanding Section 20.7.2.1 (c) and (e), be effected by:
(i) a debit to the transferring Participant’s Cash Account or Securities Clearance Account, as the case may be; and
(ii) a credit to the recipient Participant’s Cash Account or Securities Clearance Account, as the case may be.
(f) A market claim credit to a Participant’s Cash Account or Securities Clearance Account is subject to:
(i) for an internal settlement, a corresponding debit to the counterparty’s Cash Account or Securities Clearance
Account; or
(ii) for an external settlement, a payment or delivery of securities by the counterparty to the market claim.
(g) In certain instances, a market claim credit to a Participant’s Cash Account or Securities Clearance Account may
be effected before the related debit to, or payment or delivery by, its counterparty. In such cases, the market claim
credit is provisional as set out in Section 8.
(h) Market claim debits may represent extensions of credit by Euroclear Bank in its separate banking capacity to the
Participant party to the market claim.
(i) The calculation of market claims on Custody Cash Distributions due in a National Currency Unit will be made as
set out in Section 19.5.2 for the calculation of entitlement amounts for Custody Cash Distributions.
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(b) Notwithstanding Section 20.7.1 and the relevant country section of the Euroclear Documentation, Participants may
be notified by means of DACE that market claims will not be processed by Euroclear Bank, by reference to the type of
instruction or the type of security.
(c) Market claims resulting from external settlements are made, in accordance with applicable local market practice,
by the Depositary designated for the issue or the relevant Other Clearance System. Market claim credits and debits in
the Euroclear System resulting from external settlements reflect market claim payments or transfers received or made
by such Depositaries or relevant Other Clearance System.
(b) Participants who have applied for full or partial relief from withholding tax at source in respect of a Custody
Distribution that is subsequently debited from its Cash Account or Securities Clearance Account pursuant to the
processing of a market claim, may be requested to amend or confirm the tax relief claim previously introduced. If no
such amendment or certification is received within the stated deadline, Euroclear Bank may cancel the tax relief claim
and apply or cause to apply withholding tax at the maximum rate.
(c) When a Participant has transferred securities cum-distribution that it has acquired ex-distribution, the Participant
must ensure, notwithstanding Section 20.7.2.1(e), that the recipient of the resulting market claim is made aware,
when applicable, of the fact that the market claim does not constitute a dividend for tax purposes.
(d) If Euroclear Bank is required, in connection with the crediting of a market claim, to make a withholding or
deduction for, or on account of, taxes, duties, fines, penalties or damages associated therewith, the market claim net of
such amounts will be credited to the affected Participant’s Cash Account.
(e) If with a view to, or subsequent to, the crediting or debiting of a market claim to a Cash Account or Securities
Clearance Account, Euroclear Bank is required to make a payment for or on account of taxes, duties, fines, penalties
or damages associated therewith, in connection with such market claim, the Participant whose Cash Account or
Securities Clearance Account was credited or debited with such market claim shall indemnify and hold harmless
Euroclear Bank for such taxes, duties, fines, penalties or damages associated therewith and Euroclear Bank is
authorised to immediately debit the Participant’s Cash Account with such amounts.
20.7.2.2.1 General
(a) Euroclear Bank will only process market claims after it has received confirmation to its satisfaction that the
Custody Distribution has been processed in the local market.
(b) If a market claim is processed automatically in the local market without regard to whether or not sufficient
securities or cash is available to process the market claim, Euroclear may be required to process the market claim
resulting in a debiting of, or a debit position being created in, the Participant’s relevant account..
(c) If the processing of a market claim requires a debit or blocking of cash or securities, Euroclear Bank may in its
sole discretion debit or block the Participant’s relevant account with the corresponding cash amount or securities.
Euroclear Bank determines in its discretion in which Processing the debiting or blocking will become effective.
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(b) In respect of a market claim resulting from an external settlement, Euroclear Bank will automatically generate the
necessary instruction on behalf of the Participant and submit the instruction for processing in the first available
Processing as soon as is reasonably possible in accordance with processing rules set out herein (including Section
20.7.2.2.1):
(i) in the event of a market claim resulting in a credit, after it receives notification from the Depositary or the Other
Clearance System of the settlement in the local market of the external instruction and of the credit to the account of
Euroclear Bank of the proceeds of the market claim; or
(ii) in the event of a market claim resulting in a debit, after it receives notification from the Depositary or the Other
Clearance System of the settlement in the local market of the external instruction.
The expected date of the credit or debit in the local market given in the relevant section of the Euroclear
Documentation under the heading “Market Claim” is therefore only an indication of the date Euroclear Bank expects
to be able to make the credit or debit and Euroclear Bank accepts no liability if the credit or debit is not made on such
date.
(c) If a Participant party to a market claim does not have sufficient securities available in its securities Clearance
Account, it must provide such securities in sufficient time to prevent a debit position from being created. Due to an
impending deadline on a local market with respect to a particular Corporate Event, Euroclear Bank may require a
Participant to eliminate such a debit position in the time required in order to meet such deadline. If the Participant
fails to eliminate such debit position by the deadline requested by Euroclear Bank, Euroclear Bank may (but, in its
discretion, need not) purchase, for the account and at the sole expense of such Participant, such amount of such
securities for credit to such Securities Clearance Account.
(d) Under local market practice in certain markets, Non-cash Distributions may be compensated either in securities or
cash, depending on when the relevant instruction settles in the local market. Euroclear Bank will process such market
claim in accordance with applicable local market practice.
(b) In respect of a market claim resulting from an external settlement, Euroclear Bank will automatically generate the
necessary instruction on behalf of the Participant and submit the instruction for processing in the Overnight Securities
Settlement Process as soon as is reasonably possible in accordance with processing rules set out herein (including
Section 20.7.2.2.1):
(i) in the event of a market claim resulting in a credit, after it receives notification from the Depositary or the
Other Clearance System of the settlement in the local market of the external instruction and after it receives
notification from the Cash Correspondent of the credit to the account of Euroclear Bank of the proceeds of the
market claim; or
(ii) in the event of a market claim resulting in a debit, after it receives notification from the Depositary of the
Other Clearance System of the settlement in the local market of the external instruction.
The expected date of the credit or debit in the local market given in the relevant section of the Euroclear
Documentation under the heading “Market Claim” is therefore only an indication of the date Euroclear Bank expects
to be able to make the credit or debit and Euroclear Bank accepts no liability if the credit or debit is not made on such
date.
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(b) Save in exceptional circumstances, Euroclear Bank will not process market claims for international securities and
domestic bonds having the following characteristics, unless the Domestic Market Claims Procedure is applicable (see
Section 20.7.2):
(i) those upon which interest is subject to a varying rate of withholding of tax at source depending on the recipient
status;
(ii) those with an option as to currency of payment;
(iii) those denominated in a Composite Currency Unit;
(iv) domestic bonds indicated as not subject to compensation in the relevant country section of the Euroclear
Documentation under the heading “Market Claim”;
(v) those for which the date on which the interest rate is fixed is on or after the Record Date, to the extent that
Euroclear Bank is aware of the date on which the interest rate is fixed ; and
(vi) those in default.
(c) All transactions executed after the Record Date are deemed to be ex-coupon.
(d) The processing of settlement instructions includes a market claim in respect of internal settlement instructions
against payment executed after the Record Date if the settlement date in the matched instructions is before the last day
of the interest period.
(e) All debits and credits to Cash Accounts in respect of market claims are provisional until the receipt by Euroclear
Bank of the interest payment is final, as described in Section 8. In the event that Euroclear Bank does not receive the
interest payment, all debits and credits in respect of such market claim will be reversed in accordance with Section 8
as soon as possible after the receipt by Euroclear Bank of confirmation that the payment has not been received.
(f) For those securities transactions settled after the Record Date and having a settlement date indicated by the seller
before the last day of the interest period for which no market claim is effected, a message is produced on the
Statement of Transactions as described in the current Euroclear Documentation indicating that the market claim is not
processed by Euroclear Bank.
(g) In respect of an internal settlement against payment instruction, records of cash debits and credits to the
appropriate Cash Accounts are generated on completion of the Processing as a result of which the underlying
instructions are executed. If settlement takes place on or after the interest payment date, the entry is valued the
settlement date. If settlement takes place before the interest payment date, the entry is valued such interest payment
date.
20.8 Voting
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(b) Euroclear Bank may, in its sole discretion, agree to a request to vote by means of a Custody Operation instruction
in order to assist a Participant to exercise voting rights on securities which are not Qualifying Equities or Qualifying
Funds, including international securities, corporate bonds, equities other than Qualifying Equities or investment funds
and similar forms of collective investments other than Qualifying Funds. Such assistance may include:
(i) acceptance of instructions from a Participant to block securities standing to the credit of its Securities
Clearance Account;
(ii) the execution, or making of arrangements for the execution of, proxies, powers-of-attorney, entry cards or other
similar certificates for delivery to the issuer or its agent;
(iii) requiring Euroclear Bank’s nominee, the Specialised Depositary or its nominee or such other person as
Euroclear Bank may designate to vote, by proxy or otherwise, with respect to such securities held in the Euroclear
System.
(c) All such actions that may be taken by Euroclear Bank upon such a request by a Participant are at the Participant’s
full and sole risk and Euroclear Bank accepts no liability whatsoever for any consequence resulting there from.
Euroclear Bank reserves the right in its discretion not to take any action in connection with the voting of securities
under this subsection 20.8.
(d) It is the Participant’s responsibility to ensure that its voting instruction reflects the voting instructions of the
beneficial owner, that it is properly authorised by the beneficial owner and that all documents required to be submitted
by the beneficial owner of the securities have been duly authorised and executed. Euroclear Bank makes no
investigation and assumes that such authorisation has been obtained.
(e) Euroclear Bank accepts no liability if as a result of the application of holding, registration, voting or any other
restriction established in the articles of incorporation or association or the like of the company or by any relevant law,
decree or judgement of any government, court or other governmental agency or body of competent jurisdiction, or for
any other reason, it is unable to have the votes cast in accordance with the Participant’s instructions. Euroclear Bank
will notify Participants of all such restrictions of which it has notice.
(f) In certain countries it is customary for custodians to vote in respect of securities in favour of management in the
absence of receipt of timely instructions to the contrary. Euroclear Bank does not accept any liability with respect to
voting rights exercised according to any such market practice.
(g) A Custody Operation instruction to vote authorises Euroclear Bank, upon request from the issuer or its agent, any
court or other governmental agency or body of competent jurisdiction, to disclose the Participant's name and quantity
of securities of the issue in respect of which the action is taken. It is however not possible to take any such action with
respect to, nor to disclose, specific certificate numbers or other identification.
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(d) Euroclear Bank will block the securities in respect of which the actions indicated in (c) above are taken from the
Execution Date until the Business Day following the day upon which holding such securities confers an entitlement to
vote in accordance with local market rules or practice.
(e) If a meeting is adjourned, in the absence of any instruction to the contrary from the Participant:
(i) Euroclear Bank takes such action as it deems necessary for voting to be effected in accordance with the
Participants instructions for the original meeting; and
(ii) the securities remain blocked until the date necessary to confer voting rights at the adjourned meeting.
(f) Participants should be aware that Euroclear Bank does not validate or verify the accuracy of information included
in a voting instruction in the field marked “Remarks to Euroclear”. Such information is passed on to the relevant
agent or Depositary in the form inputted by the Participant. Euroclear Bank accepts no liability for any losses arising
due to the information included in this field.
(b) A memorandum account may be closed when the securities temporarily delivered out are confirmed by the
Depositary as having been redeposited in the Euroclear System and are credited to the associated Securities Clearance
Account, and no further securities remain noted in the memorandum account.
(b) In connection with a certification of beneficial ownership required under U.S. law Annex 1 sets forth a model
form of U.S. beneficial ownership certification. This form is designed as a comprehensive certification for
incorporation in automated certification procedures; certain clauses may not apply in particular circumstances. If the
proposed form of any certification or statement required in connection with any issue is different in any substantive
respect from that set forth in Annex 1, Euroclear Bank must be so advised in writing by the lead manager or issuing
agent, as appropriate, at the time it is first notified of the issue. Absent such notice, the Standard Long-Form
Certification will be used. A Certification Instruction incorporates only the Standard Long-Form Certification set
forth in Annex 1. Failure to follow such form will result in the inability of Participants to use automated Certification
Instructions.
(c) The certification date for securities in the Euroclear System is the date set forth in the relevant DACE notice with
respect to the particular Certification Event. Participants receiving securities into the Euroclear System after such date
will be deemed to have received securities for which the required certification was confirmed previously. This date
will generally be the last day of the period of offering restrictions except when the first interest payment date for such
securities is prior to such date. Depending on the issue of securities, the certification required for such interest
payment may be the only certification required. In addition, some issues may also require a subsequent certification
upon exchange of a temporary global security for permanent or definitive securities. In the latter case there may be
multiple certification dates for the same issuance.
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(d) For certain Certification Events, Participants may be required to send other documents or instructions required
pursuant to the governing documentation of a given issue of securities.
(e) Euroclear Bank will deliver to each Participant notice of any Certification Event of which it has been advised in
advance by the lead manager or issuing agent. Each Participant shall return to Euroclear Bank a separate
Certification Instruction if applicable for each Securities Clearance Account to which securities of the issue subject to
the Certification Event will be standing to the credit as of the Certification Event.
(f) Upon the receipt of such Certification Instruction by Euroclear Bank, the Participant's name or any code
identifying a Securities Clearance Account of such Participant therein or in respect thereof shall be deemed to be
equivalent to a manual signature thereof for all purposes.
(g) The delivery by a Participant to Euroclear Bank of any such Certification Instruction in the manner described in
the relevant DACE notice with respect will constitute affirmation of the completeness, truth and accuracy as of the
date of its delivery and as of the certification date set forth in such DACE notice of all the applicable statements made
in the Standard Long-Form Certification contained in Annex 1, which shall be deemed incorporated by reference in
each such Certification Instruction as fully as if set forth therein and manually executed by such Participant. Each
Participant shall be responsible for the completeness, truth and accuracy of all information contained in any such
Certification Instruction.
(h) Under the governing documentation of an issue or applicable U.S. law, an exercise of rights to which a
Certification Event relates (including, without limitation, exchange and delivery of definitive securities, receipt of
payment of interest or principal, exercise of warrants and conversion of securities) may not be effected until a
Participant has delivered the Certification Instruction or Standard Long-Form Certification or other form of
certification required with respect to such Certification Event; and certain warrant, conversion, subscription or other
rights may terminate unless a Certification Instruction and any other required information is returned by any date
determined pursuant to the governing documentation of the issue and in accordance with the Operating Procedures.
(i) Any Participant which does not provide the appropriate form of certification or provides a Certification Instruction
notifying Euroclear Bank that its position or a portion thereof remains uncertified will have its holding or the relevant
portion thereof, as the case may be, in the security subject to the Certification Event blocked or flagged as uncertified.
Such blocking or flagging will be lifted only upon receipt of the requested certification and, in the case of securities
issued in NGN form, an authorisation from the issuer or its agent to mark-down the relevant temporary form
certificate and mark-up the relevant permanent form certificate. Uncertified holdings are blocked or flagged to denote
that, after the relevant exchange date, such holdings reflect rights in a temporary form security rather than rights in a
permanent form security or definitive securities.
(j) Without prejudice to (h) above, the date and value of the credit to any Cash Account are dependent upon the time
of receipt of the funds by Euroclear Bank. If funds are received no later than the receipt of certification, Cash
Accounts will be credited as soon as possible after the receipt of such certification, value the Business Day on which
such timely certification is received by 18:30. If the funds are received after the receipt of any certification,
Participants receive the same value as is received by Euroclear Bank.
(k) Each Participant hereby irrevocably constitutes and appoints Euroclear Bank its true and lawful agent and
Attorney - in - Fact for the purpose of making, executing, dating and delivering, on behalf of the Participant or the
beneficial owner or owners’ behalf if so required by the relevant governing documentation, a Standard Long-Form
Certification (or such other form as may be necessary to comply with governing documentation) relating to the
Certification Event.
16 Operating Procedures
January 15, 2007
Part II - Services - B - Custody Section 20 - Custody specific rules
(m) Each Participant irrevocably authorises the production of these Operating Procedures, any certification or record
retained by Euroclear Bank of a Certification Instruction, any Standard Long-Form Certification or any other
document delivered by such Participant pursuant to this Section, or a copy or copies of any of the foregoing, to any
interested party in any administrative or legal proceeding or official inquiry with respect to matters covered by this
Section or any such Certification Instruction.
20.10.1 General
(a) When a security is represented by a single global certificate, the custody of such global certificate will be entrusted
to a Common Depositary or Common Safekeeper; Euroclear Bank does not accept any responsibility in connection
with any global security other than as set forth in the Terms and Conditions and in these Operating Procedures.
(b) If the global security is in registered form, it must be registered in the name of a nominee company of the
Common Depositary.
(c) After receiving the global security at the closing, the Common Depositary or Common Safekeeper is responsible
only for holding the global security for Euroclear Bank and Clearstream.
(d) Collection of non-U.S. beneficial ownership or other certifications, exchange of the temporary global security for
definitive securities in the form of individual certificates or a permanent global security, cancellation or surrender of
the global security and any other operations concerning the global security are the exclusive and respective concerns
of Euroclear Bank and Clearstream.
(e) The Common Depositary, Common Service Provider and Common Safekeeper is contractually bound to follow the
instructions of Euroclear Bank and Clearstream with regard to the disposition of global securities and cannot be
obligated to any other party regarding such disposition.
(f) The Common Depositary, Common Service Provider and Common Safekeeper when acting in such capacity are
not an exchange agent or registrar and hold global securities for Euroclear Bank and Clearstream only. The Common
Depositary, Common Service Provider and Common Safekeeper have no knowledge of the interests of system
participants or beneficial owners in global securities. They will not sign any certification as to interests in a global
security without instruction from Euroclear Bank and Clearstream and cannot accept any certification or confirmation
as to ownership or any other matter for any purpose relating to interests in a global security.
Operating Procedures 17
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Part II - Services - B - Custody Section 20 - Custody specific rules
(b) Instructions for exercises of warrants and other options through the Euroclear System (including the collection of
any certification from holders and the provision of any certifications to the fiscal agent or other party with respect
thereto) must be given to Euroclear Bank, and not to any other party.
(c) Euroclear Bank is responsible for instructing its Depositary to make global securities available for endorsement to
reflect exercises of options through the Euroclear System.
(d) Documentation must not provide for the Depositary to endorse or mark global securities in its capacity as such
(although the Depositary may be requested by the bank acting as fiscal agent or in a similar capacity to cooperate in
such operation).
(b) Book-entry records in respect of fractional amounts of funds securities will be annotated on the books of Euroclear
Bank in a special purpose database, which forms part, and is a subdivision of, the Participant’s Securities Clearance
Account to which the whole numbers of securities of the same issue are credited. Records of such fractions in the
Euroclear System generally include up to four decimal figures.
(c) Acceptance of fractional funds securities for deposit in the Euroclear System, and any subsequent internal or
external transfer thereof, is subject to prior approval by Euroclear Bank on a case by case basis for each transaction.
Participants must notify Euroclear Bank in advance of any transfer of funds securities which may include decimal
fractions. Upon confirmation of Euroclear Bank’s approval of the transfer of funds securities including fractional
amounts, Participants must send specific settlement instructions including the contents and by the means and
deadlines specified by Euroclear Bank. Standard internal, Bridge or external settlement instructions that do not
include such specific requirements will not be accepted in respect of decimal fractions of securities.
(d) Voting or subscription instructions in respect of fractional amounts of fund securities are not accepted.
Participants may, however, send voting or subscription instructions for whole amounts of such securities.
(e) Acceptance of Custody Operation instructions in respect of amounts including fractional amounts of fund
securities for Corporate Events other than voting or subscription is subject to prior approval by Euroclear Bank on a
case by case basis for each Custody Operation instruction. Participants wishing to send Custody Operation
instructions in respect of fractional amounts of securities must previously contact Euroclear Bank to obtain the details
on the specific instruction requirements.
18 Operating Procedures
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Part II - Services - B - Custody Section 20 - Custody specific rules
(f) In accordance with Section 19.5.7.1, if the product of a Custody Non-cash Distribution results in fractional
amounts of securities, Euroclear Bank is authorised to request to the fund company or its agent to credit an amount of
cash equivalent to the fractional fund securities, or to ask a third party to try to arrange for the sale of the fractional
amount of securities and to credit the Participant’s Cash Account with the proceeds of any such sale, after the
deduction of any expenses incurred in connection with such sale, Euroclear Bank does not guarantee that any sale will
be made and does not assume any responsibility for the terms or conditions (including the price) of any sale that is
made.
(g) Standard reporting on Participants’ balances and instructions does not include decimal fractions of securities.
Each Participant authorises Euroclear Bank to report its activity related to fractional amounts of securities by
facsimile.
(h) Euroclear Bank may discontinue any or all of the services described in this Section 20.11 at its sole discretion, at
any time and without prior notice to Participants.
20.12 Redenominations
20.12.1 General
(a) Euroclear Bank processes the redenomination of securities on the basis of data received from the issuer or any
other relevant source it considers reliable, but accepts no liability if for any reason it is unable to process the
redenomination, or if it has not received data expected to be included in the Securities Redenomination Processing or
if the data received is incorrect or incomplete.
(b) The Securities Redenomination Processing generally takes place in the evening of the Business Day preceding the
Redenomination Date. As a result of the Securities Redenomination Processing the following records are generated:
(i) a debit to the Securities Clearance Account of the securities denominated in the National Currency Unit, and
(ii) a credit to the technical account where the conversion will take place, and
(iii) a debit to the technical account, and
(iv) a credit to the Securities Clearance Account of the amount of securities denominated in EUR, resulting from
the redenomination.
(c) The redenomination of external delivery instructions which, before the beginning of the Securities
Redenomination Processing, have been successfully positioned and for which the securities have been debited to the
Securities Clearance Account and credited to the Transit Account will generate the following movements;
(i) a debit to the Transit Account, and
(ii) a credit to the related Securities Clearance Account, and
(iii) after the redenomination has taken place as described in (b) above, a debit of the securities to the Securities
Clearance Account, and
(iv) a re-credit of the amount of securities denominated in EUR to the Transit Account.
(d) The redenomination of securities will generally be processed through the Securities Redenomination Processing as
scheduled, but Euroclear Bank may perform such processing at such time and including such data as in its sole
discretion determines, and accepts no liability for so doing.
Operating Procedures 19
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Part II - Services - B - Custody Section 20 - Custody specific rules
(e) The aggregate amount of securities redenominated into EUR received by Euroclear Bank, whether in whole or in
part of the amount due, shall be distributed to Participants pro rata to the amount of securities standing to the credit of
Participants’ Securities Clearance Accounts at the time the redenomination is processed in the Euroclear System.
Redenomination of each Participant’s balances and, if relevant, instructions in the Euroclear System will generally
follow the redenomination method specified by the issuer, but Euroclear Bank reserves the right to allocate such
redenominated securities in any manner which is in accordance with the Terms and Conditions and which it
determines in its sole discretion. In making such determination, Euroclear Bank will generally, but is not obliged to,
take into account the issuer’s options as to (i) whether the basis for redenomination is each position in a given issue of
securities or the minimum nominal amount; and (ii) whether the redenominated amount will be expressed with
decimals or not, in which case the issuer may decide to compensate the nominal fraction of securities in cash.
(f) Any cash compensation paid by an issuer to compensate the nominal fractions of securities will be subject to the
rules for Custody Cash Distributions.
(g) Due to options chosen by an issuer or the nature of the security, specific rules and procedures may apply to the
redenomination of specific securities issues in which case Participants will be informed in advance through DACE
notices.
(h) Rounding discrepancies resulting from the redenomination of securities may result in adjustments to Participants’
Securities Clearance Accounts through the debit or credit of nominal amounts of securities. Euroclear Bank
endeavours to minimise the impact on Participants of such rounding discrepancies, but reserves the right to debit or
credit to a Participant’s Securities Clearance Account nominal amounts of securities at the time the discrepancy is
identified, irrespective of whether the securities that were subject to redenomination are still credited to such
Participant’s Securities Clearance Account. Allocation of discrepancies will be done at random and may be done
without prior notice to Participants. Euroclear Bank accepts no liability for the failure of a settlement or any other
instruction caused by any adjustment made to a Securities Clearance Account.
(b) In order to process the redenomination of securities credited to a Record-keeping Account, any outstanding
Borrowing or Loan will be cancelled by Euroclear Bank and, after redenomination has taken place in the
corresponding Securities Clearance Account in accordance with Section 20.12.1 above, replaced by a Borrowing or
Loan for the resulting amount of securities denominated in EUR.
(c) A rounding discrepancy between the total amount of borrowings and the total amount of loans in a given securities
issue resulting from the redenomination of securities in Lenders’ and Borrowers’ Record-keeping Accounts will result
in a reduction of the amount of securities of a Borrowing or a Loan, as appropriate. Such reduction will be made by
Euroclear Bank in accordance with Section 20.12.1 above.
20 Operating Procedures
January 2, 2002
Part II - Services - B - Custody Section 20 - Custody specific rules
(i) instructions received before the cut-off time will be deemed to have been input in the relevant National
Currency Unit, and
(ii) instructions received after the cut-off time will be deemed to have been input in EUR.
The cut-off time is 18:30 for instructions received through Euclid or SWIFT and 10:00 for instructions received by
mail or telex, on the Business Day immediately preceding the Redenomination Date.
(b) Only valid instructions for a security subject to redenomination which are pending at the cut-off time will be
redenominated by Euroclear Bank.
(c) From 18:30 on the Business Day immediately preceding the Redenomination Date, and until the completion of the
Securities Redenomination Processing, the input and validation of instructions in securities undergoing
redenomination will be restricted as set out in the Euroclear Documentation.
(d) Any cancellation instruction which is pending at the beginning of the relevant Securities Redenomination
Processing will not be redenominated by Euroclear Bank and will lapse when the original instruction is
redenominated by Euroclear Bank. As a result, any original instruction which has been redenominated by Euroclear
Bank will be executed in EUR, unless the Participant has input a new cancellation instruction after the end of the
Securities Redenomination Processing taking into account the redenomination.
(b) The settlement of a Participant’s instructions in a security being redenominated, in particular delivery instructions
based on simultaneous receipt instructions, may fail as a result of rounding discrepancies following redenomination.
Euroclear Bank accepts no liability for such settlement failure.
(c) The cash countervalue in a settlement instruction will not be adapted by Euroclear Bank to include any cash
compensation to be paid by the issuer in connection with a redenomination or to reflect a change in the market
convention applicable to the security in the instruction. It is Participants’ own responsibility to arrange, outside the
Euroclear System, for compensation from their counterparties.
(d) Euroclear Bank reserves the right to cancel any pending instruction which has been cancelled in the local market
due to a redenomination.
(b) Any Custody Operation instruction which is pending at the beginning of the Securities Redenomination
Processing as a result of which the underlying security is being redenominated and for which a debit or blocking of
securities in the Participant’s Securities Clearance Account has already been executed will not be cancelled by
Euroclear Bank.
(c) Should any specific rules, different from those set out in (a) and (b) apply to pending Custody Operation
instructions for securities being redenominated, Participants will be informed through DACE notices.
Operating Procedures 21
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22 Operating Procedures
January 2, 2002
Part II - Services - C - Money transfer
Table of contents
Operating Procedures
January 1, 2001
Part II - Services - C -Money Transfer Section 21 - Money transfer rules
Table of contents
Operating Procedures
November 16, 2009
Part II - Services - C -Money Transfer Section 21 - Money transfer rules
(i) receipts of funds into the Euroclear System (see Section 21.3), whether preadvised to Euroclear Bank
(preadvice of funds instruction, see Section 21.4.3) or not;
(ii) transfer of funds, whether to another Cash Account in the Euroclear System (book transfer instruction,
see Section 21.4.1) or to an account outside the Euroclear System (wire transfer instruction, see Section
21.4.2);
(iii) foreign exchange conversions (see Section 21.4.4);
(iv) foreign exchange direct dealing (see Section 21.4.5).
(b) Details of Cash Correspondents, including Bank Identifier Codes (BIC) and Euroclear Bank account
numbers for the Euroclear System are shown in the Euroclear Documentation with respect to cash transfers.
(c) Euroclear Bank may in its sole discretion appoint or disable a cash correspondent upon notice to
Participants. Notice sent via the Euroclear communication means, as provided in Section 7 (Reports and other
communications to Participants), is deemed received by Participants. Participants shall take immediate action.
Any payment made through a disabled cash correspondent is deemed not to have been received by Euroclear
Bank.
(b) Participants must ensure that remittances of funds in favour of their Cash Accounts are made directly to the
Cash Correspondent designated by Euroclear Bank for the Settlement Currency.
(c) Cheques received by Euroclear Bank for credit to a Participant’s Cash Account are not accepted by
Euroclear Bank. Euroclear Bank endeavours to return such cheques to theremitter, but accepts no
responsibility for any loss, delay or any consequence of its failure to do so.
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Part II - Services - C -Money Transfer Section 21 - Money transfer rules
(b) In order for the Cash Correspondent to recognise that the cash is for credit to a Cash Account of a
Participant in the Euroclear System, the Participant must ensure that the credit advice submitted by the
remitter to the Cash Correspondent states:
(c) Credit advices received in this form will be deemed to be for the account of Euroclear Bank, as operator of
the Euroclear System, in favour of the named Participant. Failure to identify properly such remittances may
result in a delay in the credit to the Cash Account.
(b) All funds in respect of confirmations received from Cash Correspondents will initially be credited with the
Value Date provided by the Cash Correspondent. In addition, the Value Date may be adjusted depending on
whether the funds have been preadvised or not, as described in Section 21.6.4.
2 Operating Procedures
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Part II - Services - C -Money Transfer Section 21 - Money transfer rules
(b) Participants may register for automatic conversion from one Settlement Currency to another of income and
partial redemption proceeds (see Section 20.2.5) and of fees (see Section 23.7).
(b) Foreign exchange direct dealing service is only available to Participants that have a credit facility with
Euroclear Bank and is subject to approval by Euroclear Bank’s Credit Department.
(c) Euroclear Bank has the right to refuse any transaction at its own discretion. Euroclear Bank will send a
confirmation including the terms of the transaction to the Participant.
(d) The minimum and maximum amounts accepted for foreign exchange direct dealing transactions are as
provided in the Euroclear Documentation. Euroclear Bank may grant exceptions to these amounts on a case-
by-case basis and may amend such amounts at its own discretion.
(e) Only settlement currencies eligible in Euroclear Bank, where market practices or regulatory restrictions do
not prevent to convert local currencies, are accepted for dealing.
(f) Any cost related to cancellation of a transaction by the Participation or due to insufficient cash or credit
available on the Participant’s Cash Account(s) will be charged to the Participant. Such costs include, but are
not limited to, price differences in the market between trade and value dates.
(g) Euroclear Bank will accept transactions on Business Days during the time as specified in the Euroclear
Documentation.
(h) For some currencies specific rules may be applicable as specified in the Euroclear Documentation.
(i) Euroclear Bank may discontinue the foreign exchange direct dealing service at any time, in its sole
discretion, without prior notice.
21.5.2 Deadlines
(a) The money transfer instruction deadlines are the deadlines by which the various types of money transfer
instructions must be received at Euroclear Bank in order for such instructions to be executed for the requested
Value Date.
(b) The deadlines are set forth in the Euroclear Documentation with respect to cash transfers and vary
depending on the communications means used by the Participant to input the instruction. An instruction
received after the deadline will be treated as received the next Business Day.
Operating Procedures 3
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Part II - Services - C -Money Transfer Section 21 - Money transfer rules
(c) Settlement Currencies are grouped as shown in the current version of the Euroclear Documentation with
respect to cash transfers under various categories (Groups A, B, C and D) to reflect the different deadlines for
receipt of money transfer instructions and the value dating applied when executing such instructions.
(b) Money transfer instructions for which the requested Value Date is a Saturday, Sunday or any other day
which is not a Business Day will be executed for Value Date the next Business Day unless they have been sent
by Euclid, in which case they are automatically invalidated.
(c) Instructions with a requested Value Date which is a holiday in the city of the relevant Cash Correspondent
are processed for Value Date the next day which is a business day in the city of the relevant Cash
Correspondent, except that book transfer instructions are accepted, and are processed, for any Business Day,
regardless of whether the day is a business day in the country of the Settlement Currency or not.
21.5.4 Validation
(a) After authentication of input, money transfer instructions must be validated before further processing. The
validation general rules are as described in Section 6.
(b) Money transfer instructions sent by Euclid or SWIFT are subject to additional manual validation. Such
instructions may pass the computer validation and then be rejected after manual validation.
(c) If validation is unsuccessful because the instruction’s format is incorrect or its contents are incomplete or
incorrect, the money transfer instruction may be repaired by Euroclear Bank as set out in (d) below.
(i) without any additional input from the instructing Participant, when the instruction submitted by the
Participant cannot be validated merely because it does not conform to the prescribed formats and the
incorrectly formatted item of information is available to Euroclear Bank; or
(ii) based on such additional information provided by the Participant, when the instructions contents are
incomplete. If the instruction’s contents are incomplete, Participants will be notified by means considered
appropriate by Euroclear Bank and requested to supply additional information. If Euroclear Bank has not
received the information in the required form via authenticated message within five Business Days of the
request, the instruction will be cancelled by Euroclear Bank.
(e) For the purposes of (d) above, the instruction will be deemed to have been received at the time Euroclear
Bank repairs the instruction.
(f) Euroclear Bank accepts no liability in respect of any repaired instruction as set out in (d) above without
further instruction of the Participant.
(g) If validation is successful, the money transfer instruction is accepted for further processing.
(h) If validation is unsuccessful, the money transfer instruction is not accepted for further processing and
automatically cancelled by Euroclear Bank. The Participant is notified thereof.
4 Operating Procedures
November 16, 2009
Part II - Services - C -Money Transfer Section 21 - Money transfer rules
(b) Valid money transfer instructions are eligible for the Real-time Processing only.
(c) Valid wire transfer instructions will be selected for Real-time Processing as determined in the sole
discretion of Euroclear Bank, taking into account the nature of the instruction, local market constraints and
any other relevant circumstances.
21.5.6 Positioning
Once a money transfer instruction has been selected for Real-time Processing, instructions are sequenced in
accordance with the rules set forth in Section 12. Upon such sequencing, the money transfer instructions will
be positioned in accordance with the rules in this Section 21.5.6.
A Participant to be debited with cash must have in the appropriate subdivision of its Cash Account sufficient
available funds of the Settlement Currency, or sufficient provision for such funds, to meet the instruction. For
rules on availability of funds, see Section 9.
A Participant to be debited with cash and using secured credit made available to it by Euroclear Bank in its
separate banking capacity must have sufficient collateral to meet the instruction, as determined by Euroclear
Bank in its sole discretion.
21.6.1 General
(a) No money transfer instruction will be executed with a Value Date earlier than the date of receipt of the
instruction by Euroclear Bank.
(b) The execution of money transfer instructions is subject to the conditions for execution of money transfer
instructions (as set out in Section 21.5) being satisfied.
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Part II - Services - C -Money Transfer Section 21 - Money transfer rules
(b) Cash is debited to the Participant’s Cash Account in the Real-time Processing dated the date of execution
(and valued in relation to the date of execution) as indicated below:
(i) for Group A and B currencies, at the latest on the Value Date;
(ii) for C currencies, at the latest on the Business Day preceding the Value Date;
(iii) for Group D currencies, at the latest two Business Days immediately preceding the Value Date.
(c) As soon as Euroclear Bank has acted on a wire transfer instruction and cannot revoke or reverse such
action, the Participant’s rights vis-à-vis Euroclear Bank with respect to the related funds are reduced
accordingly, notwithstanding that the corresponding debit to the Cash Account has not yet been effected.
(b) The report of preadvices of funds included in the Daily Cash Movements report (reported on the deadline
for receipt of the instruction or such later date as the instruction is received, as preadvices loaded) is an
acknowledgement of the receipt of the instruction and does not constitute, whether provisionally or otherwise,
a credit for any reported amount.
(c) Upon receipt of a confirmation from its Cash Correspondent of the receipt of preadvised funds, Euroclear
Bank will, in the Real-time Processing dated the date of execution, credit the Cash Account with the amount of
the confirmed credit with the Value Date provided by the Cash Correspondent.
(i) for Group A and B currencies, next succeeding Business Day value;
(ii) for Group C currencies, second succeeding Business Day value;
(iii) for Group D currencies, third succeeding Business Day value.
(b) If a Participant fails to preadvise funds or to preadvise correctly as set out in (a) above, Euroclear Bank
reserves the right to debit from the Participant’s Cash Account in the Settlement Currency of the preadvice or,
in case of failure to send a preadvice, in the Settlement Currency of the funds received by the Cash
Correspondent, an amount calculated by Euroclear Bank (i) by applying, for the period between the credit of
the funds and the adjusted Value Date, the debit interest rate for the Settlement Currency in question, or (ii) to
compensate for losses associated with such failure to preadvise correctly, whichever of the calculated amounts
is higher.
(c) Funds preadvised but not received, are subject to a penalty supplemental fee the amount of which is
determined in the discretion of Euroclear Bank.
6 Operating Procedures
November 16, 2009
Part II - Services - C -Money Transfer Section 21 - Money transfer rules
(b) On the day of execution of the instruction, proceeds from a foreign exchange conversion are credited to the
appropriate currency subdivision of the Participant's same Cash Account to which the currency to be converted
was debited.
(c) If the proceeds are to be paid or transferred to another account or bank, the Participant must submit a
separate book transfer or wire transfer instruction.
(d) The Value Date is the second day after the execution date provided it is a business day in the countries of
each of the currencies, regardless of whether a Business Day or not.
(b) On the day of execution of the instruction, proceeds from a foreign exchange direct dealing conversion are
credited to the appropriate currency subdivision of the Participant's same Cash Account to which the currency
to be converted was debited.
(c) Euroclear Bank will not authorise third party payments resulting from foreign exchange direct dealing
transactions. All cash payments will be cleared via the Participants’ Cash Account(s) in Euroclear Bank..
(d) The Value Date is the second day after the execution date provided it is a business day in the countries of
each of the currencies, regardless of whether a Business Day or not.
(e) For some currencies specific rules may be applicable as specified in the Euroclear Documentation.
(b) All instructions that remain in the backlog of unexecuted instructions continue to be entered in subsequent
Real-time Processings until executed or cancelled.
(c) If positioning of a foreign exchange instruction is unsuccessful, the execution thereof will be attempted on
the five succeeding Business Days that are also business days in the countries of both currencies.
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Part II - Services - C -Money Transfer Section 21 - Money transfer rules
(b) The original money transfer instruction to be cancelled will be cancelled as soon as the cancellation
instruction is validated by Euroclear Bank.
(c) If the instruction to be cancelled is not found among those due for execution, then the cancellation
instruction, and any associated replacement instruction, lapses.
8 Operating Procedures
November 16, 2009
Part II- Services - D - Securities Lending and Borrowing
Table of contents
Operating Procedures
January 1, 2001
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
Table of contents
Operating Procedures
June 14, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
Operating Procedures
July 19, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
Operating Procedures 1
June 14, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
22.1.4 Resignation
In accordance with Section 17 of the Supplementary Terms and Conditions, if a Participant no longer wishes to be an
Automatic Lender, an Opportunity Lender, an Automatic Borrower or an Opportunity Borrower it shall notify
Euroclear Bank accordingly in writing. Such notification shall take effect in the Batch Securities Lending and
Borrowing Process dated the Business Day immediately succeeding the Business Day upon which it is received by
14:00.
2 Operating Procedures
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Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(d) Euroclear Bank in its sole discretion reserves the right at any time, and without previous notice, to make eligible
for the Program other securities accepted in the Euroclear System, to make ineligible for any period or to withdraw
the eligibility of any issue of securities previously made eligible.
Euroclear Bank reserves the right to change these limits in its sole discretion for all eligible issues, any group of
issues or any particular issue at any time.
(c) Euroclear Bank reserves the right, in its sole discretion, to determine the total amount of Borrowings that will be
generated in the Fourth Real-time Securities Lending and Borrowing Process.
Operating Procedures 3
June 14, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
4 Operating Procedures
June 14, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
Operating Procedures 5
June 14, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
6 Operating Procedures
June 14, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(d) The Market Value as determined in accordance with Section 22.8(i) for the calculation of the amount to be
credited to the Cash Account of the Lender as set forth in the Section 22.8(i) and (k) shall be that on the Business
Day of receipt by Euroclear Bank of the Lender’s instruction in accordance with Section 22.8(c) or (h)(iii).
Operating Procedures 7
June 14, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(c) Loans are allocated among Automatic Lenders, based on the quantity of securities credited to all Securities
Clearance Accounts of a Business Unit made available for lending, taking into account certain delivery or custody
operation instructions submitted by such Automatic Lender with respect to such Securities Clearance Accounts.
8 Operating Procedures
April 11, 2005
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(e) A Participant may increase, reduce or revoke its Lending Level Monitored Amount by sending a written
notification to Euroclear Bank marked for the attention of Euroclear Securities Lending and Borrowing. Such notice
becomes effective in the Batch Securities Lending and Borrowing Process dated the Business Day following that on
which such notice is received by 14:00.
(f) Euroclear Bank reserves the right, in its sole discretion, to discontinue the above-mentioned lending level
monitoring procedures at any time.
Operating Procedures 9
June 18, 2007
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
10 Operating Procedures
January 29, 2007
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(iii) Securities Clearance Accounts of Business Units that have an aggregate balance of securities of all issues
available for lending equal or in excess of USD 50 million Market Value and a Lendable Position for the
particular issue of less than USD 1,000,000 Market Value receive third priority;
(iv) Securities Clearance Accounts of Business Units that have an aggregate balance of securities of all issues
available for lending of less than USD 50 million Market Value and a Lendable Position for the particular issue
of less than USD 1,000,000 Market Value receive the lowest priority.
(b) An Automatic Lender's priority in the allocation process may vary from issue to issue and from time to time,
based on such Lender's Lendable Position for each issue in each Securities Lending and Borrowing Process.
(c) If in a given Securities Lending and Borrowing Process the aggregate demand for Borrowings of a particular
issue of securities remaining unsatisfied by all higher priority levels exceeds or is equal to the aggregate Lendable
Position of such securities of all Automatic Lenders in the priority level being considered, the Loan of such securities
by each Automatic Lender in that level will, except as set forth in Section 22.2.6, be in an amount equal to the
Lendable Position of such securities of such Automatic Lender.
(d) If, on the other hand, the quantity of securities made available by all Automatic Lenders in the priority level being
considered exceeds the remaining demand for Borrowings of such securities, the Loan by each Automatic Lender in
that priority level will be in an amount which bears the same proportion to the Lendable Position of such Automatic
Lender as the remaining demand for Borrowings of such securities bears to the aggregate Lendable Positions of all
Automatic Lenders in such priority level.
(e) Notwithstanding the priority allocation rules in (a) above, if an Automatic Lender has been identified for the
purposes of Intra-Family Borrowing by an Automatic Borrower within its global family as determined by Euroclear
Bank in its sole discretion and has accepted to be so identified, the Lendable Positions of such Automatic Lender will
be available first to satisfy the borrowing demand of that Borrower and, subsequently, if there remains any Lendable
Positions, the borrowing demand of all other Borrowers.
(f) In Second Real-time Securities Lending and Borrowing Process in the case of Opportunity Borrowing for
dedicated services Loan allocation will be done in priority to a Lender who has the largest amount of securities
available for lending in such Process in (a) Securities Clearance Account(s) not subject to a Triparty Agreement,
preferably in an amount sufficient to cover the entire Borrowing demand. If more than one Lender is required, Loans
will be allocated giving priority to the largest amount of securities available in (a) Securities Clearance Account(s)
not subject to a Triparty Agreement with no pro rata allocation being done as provided for in (d) above. If sufficient
securities are not available after application of these priorities, the above priorities will be applied to accounts subject
to a Triparty Agreement.
(g) If as a result of the allocation in (d) above, the amount of any Loan of an Automatic Lender is less than USD
25,000, then the amount of any or all of such Loans will, as far as possible, be reallocated (taking the smallest Loan
first) amongst the other Automatic Lenders in the proportion described in (d) above.
(h) For each issue of securities, Loans are recorded as debits to the Securities Clearance Account and as credits to the
Record-keeping Account as a result of the Securities Lending and Borrowing Process during which Loans are
allocated.
Operating Procedures 11
June 14, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(b) Loans in excess of the Lendable Position of Automatic Lenders will be made in order of decreasing difference
(expressed in quantity of securities) between the Loans made by such Automatic Lenders in the prior Securities Lending
and Borrowing Process, and the Lendable Positions of such Automatic Lenders calculated during the current Securities
Lending and Borrowing Process.
(c) To the extent that the Loan by an Automatic Lender exceeds its Lendable Position, such excess will result in the
generation of a Requested Recall by such Automatic Lender. A Requested Recall will be granted first by attempting to
use lendable securities from other lenders, available in the Securities Lending and Borrowing Process in which such
Requested Recall is granted. Requested Recalls by Automatic Lenders and those by Opportunity Lenders, as described
in the Loan Recall Section for Opportunity Lending, are granted in equal priority except to the extent provided in (d)
below.
(d) If Euroclear Bank anticipates that an Automatic Lender who is also a purchaser, a lender or a transferee under an
agreement among two Participants and Euroclear Bank whereby Euroclear Bank acts as service agent (a “Triparty
Agreement”) will have a Requested Recall in the next Batch Securities Lending and Borrowing Process as a result of a
delivery instruction under such Triparty Agreement, and such Automatic Lender has caused its counterparty under that
Triparty Agreement to make the declaration indicated in Section 22.2.3(d), then that Requested Recall of the Automatic
Lender will, in the Batch Securities Lending and Borrowing Process, be granted with priority to Requested Recalls of
other Lenders. If such Automatic Lender has a Requested Recall after the Batch Securities Lending and Borrowing
Process as a result of a delivery instruction under a Triparty Agreement, and such Automatic Lender has caused its
counterparty under that Triparty Agreement to make the declaration indicated in Section 22.2.3(d), then that Requested
Recall of the Automatic Lender will, in the Batch Securities Lending and Borrowing Process, be granted with priority to
Requested Recalls of other Lenders.
(e) Requested Recalls, if granted, are recorded as credits to the Securities Clearance Account and as debits to the
Record-keeping Account of a Lender in the Securities Lending and Borrowing Process in which such Requested Recalls
are granted.
(f) Requested Recalls will not be generated or granted in the Fourth Real-time Securities Lending and Borrowing
Process generating borrowings for next-day value in CBF-eligible securities.
12 Operating Procedures
June 18, 2007
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
Operating Procedures 13
June 18, 2007
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(b) By subscribing to the Program as an Automatic Borrower, the Participant authorises Euroclear Bank to fill its
borrowing needs in accordance with the conditions for the Automatic Borrowing Program. Euroclear Bank is hereby
authorised to take such actions as may be necessary to generate the requested Borrowings. Each instruction from an
Automatic Borrower to borrow (which takes the form of a request to borrow generated by Euroclear Bank on behalf
of the Automatic Borrower) is deemed to have been entered into the Euroclear System and becomes irrevocable at the
time when, as a result of a Securities Lending and Borrowing Process, a borrowing need for such Borrower has been
identified in accordance with Section 22.4.3.
(c) The provisions of this Section refer to a Participant’s Securities Clearance Account. If such a Securities
Clearance Account is registered for linking instructions, as described in Section 12.8, such provisions apply
separately to each linked set of securities and securities transaction instructions, and to those that are not linked as
applicable.
14 Operating Procedures
January 29, 2007
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(b) A request to borrow in (i) to (iii) above is generated to cover any shortfall between (a) each such instruction (other
than those in (i) and (ii) above designated low priority) and each such unexecuted instructions with a higher priority
level if any, and (b) the quantity of securities standing to the credit of the Automatic Borrower’s Securities Clearance
Account (not including securities blocked or otherwise unavailable for delivery but including borrowed securities not
yet used for settlement of an instruction) or to be credited to such account during such Securities Lending and
Borrowing Process. A request to borrow in (iv) above is generated to eliminate a shortfall in a Securities Clearance
Account.
(c) To be taken into account, instructions listed in (a) above must have been received and validated by Euroclear
Bank (i) in the case of the Batch Securities Lending and Borrowing Process by the Input Deadline on the Business
Day immediately preceding the date of the Batch Securities Lending and Borrowing Process, and (ii) in the case of
the Real-time Securities Lending and Borrowing Processes, before the start of such Process or by the relevant Input
Deadline, whichever of the two is earlier.
(d) As a result of the calculation of the borrowing needs instruction, by instruction, the amount of borrowed securities
may be insufficient to settle all instructions with the same priority level reported to be unsettled because of lack of
cash or credit of the counterparty.
(e) A request to borrow results in a Borrowing but does not result in the execution of the delivery instruction if, after
effecting the Borrowing, (i) there has been a delay in a local market as set out in Section 15.3, (ii) the execution is
unsuccessful due to lack of cash or credit by the counterparty, or (iii) the Borrower has insufficient collateral for the
instruction to be executed.
Operating Procedures 15
June 18, 2007
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(c) If all requests to borrow by an Automatic Borrower cannot be satisfied, Borrowings will be allocated based on the
priority and chronological settlement rules used in the relevant Processing as described in Section 12, in respect of
those instructions for which a borrowing need has been identified, considering:
(i) any “Top Priority”, “Priority” or “Regular” designation specified by the Participant. Instructions with “Top
Priority” will be considered before those with “Priority”, and those with “Priority” before those with “regular”;
(ii) the scheduled settlement dates of the instructions, earliest first; and
(iii) the quantity of securities, in order of decreasing quantity.
(d) Euroclear Bank reserves the right, but shall not have the obligation, to vary such allocation of Borrowings in
order to maximize the number of instructions settled as a result of any Processing and/or the number of instructions
settled in relation to regulated market activity. However, if there is more than one outstanding Borrowing request for
the same Securities Clearance Account, the priority rules in (c) (i), (ii) and (iii) above apply to such requests.
(e) Notwithstanding the allocation rules based on the priority and chronological settlement rules referred under (c)
above, a request to borrow by an Automatic Borrower who has identified for the purposes of Intra-Family Borrowing
one Automatic Lender within its global family as determined by Euroclear Bank who has accepted to be so identified,
will have preferential access to the securities made available for lending by that Automatic Lender.
(f) Borrowings are recorded as credits to a Borrower's Securities Clearance Account and as debits to such Borrower's
Record-keeping Account upon completion of the Securities Lending and Borrowing Process during which
Borrowings are allocated.
16 Operating Procedures
July 19, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(d) If the request does not include a Start Date or if the Start Date in the request is earlier than the date of the first
Securities Lending and Borrowing Process following the receipt of the request by Euroclear Bank, then the request
will be examined first in such first following Securities Lending and Borrowing Process, except if the first following
Securities Lending and Borrowing Process is the Third Real-time Securities Lending and Borrowing Process in
which case, such request will be examined first in the next Batch Securities Lending and Borrowing Process.
Operating Procedures 17
June 14, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(d) Such a request to borrow will be reported as executed. The Borrowing is for the quantity of securities necessary
to permit the execution of the relevant delivery instruction or Custody Operation instruction, regardless of whether
the request to borrow is for such quantity of securities or for any greater quantity.
(e) A request to borrow results in a Borrowing but does not result in the execution of the delivery instruction if, after
effecting the Borrowing, (i) there has been a delay in a local market as set out in Section 15.3, (ii) the execution is
unsuccessful due to lack of cash or credit by the counterparty, or (iii) the Borrower has insufficient collateral for the
instruction to be executed.
(f) Borrowings are recorded as credits to the Securities Clearance Account and as debits to the Record-keeping
Account of a Borrower upon completion of the Securities Lending and Borrowing Process in which the requests to
borrow by such Borrowers are granted.
(g) A request to borrow does not result in a Borrowing if:
(i) sufficient securities are not available for lending. Such a request to borrow will be reported as unexecuted and
will be attempted again in the immediately succeeding Securities Lending and Borrowing Process. A request to
borrow that remains unexecuted after attempts for ten subsequent Business Days lapses automatically and
Euroclear Bank takes no further action in respect of any such lapsed request;
(ii) sufficient securities are available for lending, but the granting of the request does not permit the execution of
a delivery instruction or custody operation instruction, either because there is no such instruction or, if there is
such an instruction, the quantity of securities in the request to borrow is not sufficient to permit its execution in
the same Processing. Such a request to borrow is reported as executed but there will be no Borrowing. The
request to borrow is allowed to lapse during the Securities Lending and Borrowing Process in which it is reported
as executed and Euroclear Bank takes no further action in respect of any such lapsed request (in particular it will
not attempt to submit again the request in any immediately succeeding Securities Lending and Borrowing
Process).
18 Operating Procedures
January 29, 2007
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(ii) Bridge instructions and external delivery instructions being examined for settlement for which the date of the
Securities Lending and Borrowing Process is not earlier than the date of execution determined in accordance with
Section 12, as relevant, with reference to the settlement date in the instruction; and
(iii) Custody Operation instructions (instruction types 40, 43, 44, 45, 48, 49, 54, 62, and 63 or their equivalent as
set out in the SWIFT Specifications) with execution dates in the instructions not later than the date of the
Securities Lending and Borrowing Process.
(d) Except as provided for in (e), (f) and (g) below, Euroclear Bank will cause the Borrowings for such Securities
Clearance Accounts to be reimbursed in the Securities Lending and Borrowing Process during which such excess has
been identified in whole or in part to the extent of any such excess. However, if the loan supply is insufficient (see
Section on Insufficient Loan Supply for Automatic Lending), such reimbursement may exceed the quantity of
securities needed to permit the execution of the instructions indicated in (c) (i), (ii), and (iii) above.
(e) Where an instruction indicated in (c)(i) or (ii) above has generated an Automatic Borrowing but securities are not
needed to execute the instruction due to unsuccessful positioning of the Automatic Borrower’s counterparty’s cash or
credit availability, the Borrowing will nevertheless be maintained and will not be reimbursed until the next batch
process in which the borrowing will be re-assessed.
(f) Where an instruction indicated in (c)(i), (ii) or (iii) above has generated an Automatic Borrowing but securities
are not needed to execute the instruction due to
(i) the Automatic Borrower’s lack of collateral to support credit made available to it by Euroclear Bank in its
separate banking capacity, or
(ii) a delay in a local market as set out in Section 15.3;
the Automatic Borrowing will nevertheless be maintained and will not be reimbursed until the First Real-time
Securities Lending and Borrowing Process following the moment on the Execution Date when the instruction is no
longer eligible for settlement.
(g) During the Fourth Real-time Securities Lending and Borrowing Process generating borrowings for next-day value
in CBF-eligible securities, Borrowings will be maintained and will not be reimbursed until the next Batch Securities
Lending and Borrowing Process.
(h) To be taken into account for automatic reimbursement instructions in (c) above must have been received and
validated by Euroclear Bank (i) in the case of the Batch Securities Lending and Borrowing Process by the Input
Deadline on the Business Day immediately preceding the date of the Batch Securities Lending and Borrowing
Process, and (ii) in the case of the Real-time Securities Lending and Borrowing Processes, before the start of such
Processes or by the relevant Input Deadline whichever of the two is earlier.
(i) Automatic reimbursements are recorded as debits to a Borrower's Securities Clearance Account and as credits to
such Borrower's Record-keeping Account.
Operating Procedures 19
June 14, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(d) A recall notice requires the repayment of Borrowings in the quantities of securities in such notice within the
following recall period:
(i) for eligible securities covered by the relevant country section of Euroclear Documentation, the period of notice
as described in the Securities Lending and Borrowing section of such guide; or
(ii) for all other eligible securities, except equity securities, a period of notice of four Business Days, and for
equity securities, a period of notice of three Business Days.
Euroclear Bank will seek to grant the Requested Recall in each succeeding Securities Lending and Borrowing
Process.
(e) The recall period starts with the Securities Lending and Borrowing Process following the generation of the
Requested Recall on the day of the recall notice and ends with the End-of-Day Securities Lending and Borrowing
Process on the Repayment Date. Recall periods indicated in (d)(i) and (ii) above are generally (except for equities
securities) calculated by adding one Business Day to the settlement period determined by market practice or any
relevant regulation for a given security and do not take into account the day of generation of the recall notice. For
equity securities, the recall period is equal to the settlement period as determined by the local market practice for
such equity security and does not take into account the day of generation of the recall notice.
(f) If, during the Real-time Processing, a Borrower receives securities of the same issue as those to be reimbursed
pursuant to a Requested Recall, the quantity of securities needed to reimburse the Requested Recall will upon the
credit to the Securities Clearance Account of such Borrower be made unavailable for other instructions and
operations in such Real-time Processing. Any securities reserved during such Real-time Processing for the
reimbursement of a pending Requested Recall will be used for the reimbursement of the Borrowing in accordance
with the rules in this Section 22 in the first Securities Lending and Borrowing Process following the credit of the
securities to the Securities Clearance Account, unless the first Securities Lending and Borrowing Process is the
Fourth Real-time Securities Lending and Borrowing Process for CBF-eligible securities, in which case such
reimbursement will be in the Batch Securities Lending and Borrowing Process following the credit of the securities
to the Securities Clearance Account.
(g) If recalled securities are not made available in the relevant Borrower’s Securities Clearance Account by the
Repayment Date given in the recall notice, Euroclear Bank takes the actions set forth in Section 22.8 and debits any
costs it incurs to the Cash Account related to such Securities Clearance Account.
(h) In the event a Requested Recall lapses, including but not limited to the case where the Loan for which the
Requested Recall had been initiated is subsequently covered by the Lender’s Lendable Position, Euroclear Bank will
inform the Lender and the selected Borrower(s) thereof in such manner and at such time it deems appropriate,
including through standard Euclid reports.
20 Operating Procedures
June 14, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(e) Subject to (d) above, if Euroclear Bank does not receive an instruction from the Lender to initiate the credit to its
Cash Account by 10:00 on the Business Day following the Repayment Date, Euroclear Bank will make a reasonable
effort, for a period of two Business Days, to purchase securities in replacement of the quantity of unreturned
securities. Any purchase of replacement securities shall be made only in such manner, on such terms and for such
consideration as Euroclear Bank in its sole discretion shall consider appropriate. Any securities so purchased shall
be credited to the Securities Clearance Account of each such Lender as soon as possible after such securities are
received by Euroclear Bank, and the related Record-keeping Account shall be debited with an equal quantity of such
securities, and the loan thus terminated. All costs incurred by Euroclear Bank in connection with the purchase of
replacement securities will be debited to the Cash Account of the Borrower. The Record-keeping Account of the
Borrower will be credited with the quantity of securities purchased, and the Borrowing thus terminated.
(f) When Euroclear Bank attempts to purchase replacement securities, Euroclear Bank will:
(i) always attempt to purchase securities (x) of the same issuer, (y) part of the same issue, and (z) of an identical
type, nominal value, description and amount as the Borrowed Securities; or
(ii) upon instruction from the Lender and Borrower, attempt to purchase equivalent securities that have similar
characteristics as the Borrowed Securities. Both Lender and Borrower must instruct Euroclear Bank by MT 599
SWIFT message or otherwise in written, about the securities codes of such equivalent securities.
(g) If Lender and Borrower confirm to Euroclear Bank that an outstanding Loan of Borrowed Securities can be
covered with equivalent securities that have similar characteristics as the Borrowed Securities, than Euroclear Bank
will (x) create a temporary Loan in such equivalent securities, (y) cancel the existing Loan in the Borrowed
Securities in the Record-keeping Account of Lender and Borrower, (z) notify a Loan recall to the Lender and
Borrower regarding such equivalent securities, and:
(i) if the Borrower has such equivalent securities in its Securities Clearance Account, the Borrower will
immediately reimburse the Lender with such equivalent securities.
(ii) if the Borrower does not have or only partly have such equivalent securities in its Securities Clearance
Account, than the Borrower needs to reimburse the Borrowing of equivalent securities within the recall period as
specified in Section 22.7(d). If the Borrower can not reimburse the Loan of equivalent securities within the recall
period as specified in Section 22.7(d), than Euroclear Bank will in accordance with section (e) above make a
reasonable effort, for a period of two Business Days, to purchase such equivalent securities as confirmed by the
Lender and Borrower to Euroclear Bank. Any purchase of replacement equivalent securities shall be made only
in such manner, on such terms and for such consideration as Euroclear Bank in its sole discretion shall consider
appropriate. Any securities so purchased shall be credited to the Securities Clearance Account of each such
Lender as soon as possible after such securities are received by Euroclear Bank, and the related Record-keeping
Account shall be debited with an equal quantity of such securities, and the Loan thus terminated. All costs
incurred by Euroclear Bank in connection with the purchase of replacement equivalent securities will be debited
to the Cash Account of the Borrower. The Record-keeping Account of the Borrower will be credited with the
quantity of equivalent securities purchased, and the Borrowing thus terminated.
If a Lender informs Euroclear Bank of the securities codes of equivalent securities that it would accept instead of the
Borrowed Securities, than Euroclear Bank can, without notifying the Borrower, upon its sole discretion decide to
exercise the guaranty as provided for in the Supplementary Terms and Conditions and attempt to purchase
replacement equivalent securities. In such case Euroclear Bank will in accordance with section (e) above make a
reasonable effort, for a period of two Business Days, to purchase such equivalent securities as agreed by the Lender.
Any purchase of replacement equivalent securities shall be made only in such manner, on such terms and for such
consideration as Euroclear Bank in its sole discretion shall consider appropriate. Any securities so purchased shall
be credited to the Securities Clearance Account of each such Lender as soon as possible after such securities are
received by Euroclear Bank, and the related Record-keeping Account shall be debited with an equal quantity of such
securities, and the Loan thus terminated. All costs incurred by Euroclear Bank in connection with the purchase of
replacement equivalent securities will be debited to the Cash Account of the Borrower. The Record-keeping Account
of the Borrower will be credited with the quantity of equivalent securities purchased, and the Borrowing thus
terminated.
Operating Procedures 21
June 14, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
(h) If at the end of the period defined in (e) above, Euroclear Bank has not purchased securities to replace unreturned
securities, then the Loan will continue (and, as the recall remains outstanding, the loan continues, in default, to be
subject to the supplementary fee described in Section 22.1.13) until either:
(i) the loan is reimbursed; or
(ii) the loan is covered by the Lender’s Lendable Position (and Section 22.2.6 or Section 22.3.5 as applicable, no
longer applies) and thus the recall lapses (but the loan continues); or
(iii) the Lender provides instructions as set forth in (c) above to initiate the credit of its Cash Account with an
amount of cash as set forth in (k) below.
If the loan continues in default, and as a result the recall remains outstanding, a Lender may at any time that the loan
remains outstanding request that Euroclear Bank again attempts to purchase securities to replace the unreturned
securities. Euroclear Bank may in its sole discretion, and regardless of whether requested by the Lender or not again
attempt to purchase replacement securities but will not do so if it has received confirmation in accordance with (k)
below of a cash amount to be credited to the Lender’s Cash Account. Any such purchase shall be as set forth in (e)
above.
(i) If any Lender instructs Euroclear Bank to initiate such credit pursuant to (c) or (h) above, Euroclear Bank will on
the afternoon of the Business Day on which the Lender’s request is received by 10.00, advise such Lender of the cash
amount to be credited subject to receipt by telex of its confirmation. Any request received after 10:00 will be
regarded as being received on the immediately succeeding Business Day.
(j) Such Lender must by 10:00 on the second Business Day succeeding such advice by Euroclear Bank confirm by
SWIFT message its agreement to the cash amount to be credited. If confirmation is not received by such time, the
loan continues in default and remains subject to the recall, but the cash amount to be credited ceases to be available.
If, not having confirmed by the deadline, the Lender wants the credit to its Cash Account, it must give another
instruction as set forth in (i) above.
(k) If any Lender confirms the cash amount that Euroclear Bank is to credit to its Cash Account, Euroclear Bank will
credit the Cash Account of such Lender with a cash amount equal to the Market Value of the quantity of unreturned
securities allocated to such Lender, together with any accrued interest on such securities to the date for which such
credit is effected, and the Record-keeping Account of such Lender shall be debited with an equal quantity of such
securities (and the loan thus terminated).
Such cash will be credited at the latest on the second Business Day succeeding that on which the Lender’s
confirmation is received by 10:00 by Euroclear Bank, with same-day value.
The amount of cash confirmed by the Lender together with any other expenses incurred in connection therewith by
Euroclear Bank will be debited to the Cash Account of the Borrower on the same day as the credit to the Cash
Account of the Lender, with same-day value. The Record-keeping Account of the Borrower will be credited with an
equal quantity of such securities (and the Borrowing thus terminated).
(l) If any Lender, having issued (or having had issued on its behalf) a Requested Recall has not received recalled
securities by a Repayment Date, and if any Borrower, having failed to return Borrowed Securities by a Repayment
Date, returns any such securities:
(i) prior to the initiation of the purchase by Euroclear Bank of replacement securities, then the quantity of any
such purchase (or the quantity of an equivalent value for similar securities) shall be reduced by the quantity of
securities received or returned; or
(ii) prior to the credit to the Cash Accounts of any Lenders of amounts of cash equal to the Market Value of
unreturned securities, then the amount of cash shall be reduced pro rata to the quantity of securities returned; or
(iii) after the initiation of the purchase by Euroclear Bank of replacement securities, then Euroclear Bank will, (y)
in case the returned securities by the Borrower are sufficient to cover the Requested Recall, credit the purchased
securities in the Borrower's Securities Clearance Account and debit the costs from the Borrower's Cash Account,
(z) in case the returned securities by the Borrower are insufficient to cover the Requested Recall, credit the
purchased securities in the Lender's Securities Clearance Account in so far as the Requested Recall was not
covered and credit the remaining purchased securities in the Borrower's Securities Clearance Account and debit
the costs from the Borrower's Cash Account. The credit of purchased securities in the Borrower’s Securities
Clearance Account or Lender’s Securities Clearance Account is conditional upon the settlement of the repurchase
transaction by Euroclear Bank.
22 Operating Procedures
June 14, 2010
Part II - Services - D -Securities Lending and Borrowing Section 22 - Securities Lending and Borrowing Program
Section 22.10 Fourth Real-Time Securities Lending and Borrowing Process for
CBF-eligible securities
(a) Only instructions for Borrowings for the settlement of against payment external delivery instructions with a
settlement date no later than the date following that of the Fourth Real-time Securities Lending and Borrowing
Process will be considered in the Fourth Real-time Securities Lending and Borrowing Process.
(b) Only instructions for Borrowings of Clearstream Banking Frankfurt-eligible (“CBF-eligible”) securities will be
considered in the Fourth Real-time Securities Lending and Borrowing Process. Please refer to the Participant User
Guide – Market Links Section – Germany Section for a description of CBF-eligible securities.
(c) If the intended settlement date (S) is a local holiday in Germany, no Borrowings for CBF-eligible securities will
be generated in the Fourth Real-time Securities Lending and Borrowing Process dated one Business Day before the
settlement date (S-1) and the intended settlement date (S).
(d) No Borrowing will be generated in the Fourth Real-time Securities Lending and Borrowing Process for:
(i) any security subject to a dividend payment with a Record Date that is the same as the date of that Process;
(ii) any security, when its security code is cancelled and replaced with another code in the local market on the
next day.
(e) In the Fourth Real-time Securities Lending and Borrowing Process, Euroclear Bank determines the total demand
for Borrowings in CBF-eligible securities, taking into account outstanding Borrowings and all new requests to
borrow. Euroclear Bank will determine the aggregate Lendable Positions by all Lenders as indicated under Section
22.2.3. If the aggregate Lendable Positions is insufficient to grant additional loans, no further requests to borrow will
be granted and the further steps described under section 22.2.6. (ii) and (iii) will not be carried out.
Operating Procedures 23
June 14, 2010
Part III - Fees
Table of contents
Operating Procedures
January 1, 2001
Part III - Fees Section 23 - Fees
Table of contents
23.1 General.......................................................................................................................................................................1
23.2 Booking: account posted...........................................................................................................................................1
23.3 Safekeeping fees.........................................................................................................................................................1
23.4 Minimum fees ............................................................................................................................................................2
23.5 Additional fees ...........................................................................................................................................................2
23.6 Automatic fee conversion..........................................................................................................................................2
Operating Procedures
February 28, 2003
Part III - Fees Section 23 - Fees
23.1 General
(a) Fees, expenses, and discounts are as set out in the Euroclear Documentation related to tariffs distributed to
all Participants, as the same may be amended from time to time. Rules set out in the Euroclear Documentation
related to tariffs must be read in conjunction with this Section.
(b) If a Borrower in the Securities Lending and Borrowing Program is required by law to make any deduction
or withholding, for or on account of tax or other duties, the sum due from such Borrower to Euroclear Bank in
respect of fees shall be increased to the extent necessary to ensure that, after making such deduction or
withholding, Euroclear Bank receives a net sum equal to the sum which it would have received had no such
deduction or withholding been made.
(b) The periods for which fees and expenses are computed are:
(i) for expenses in respect of physical deliveries instructed by Participants: from the 26th of the month
through the 25th of the following month;
(ii) for any other fees, expenses or discounts: the calendar month.
The prices used to calculate Market Values are obtained from publicly available information sources generally
considered reliable.
Euroclear Bank reserves the right to use such prices as it in its sole discretion determines and accepts no
liability in respect of the use of such prices.
The daily depot values are based on the result of the Real-time Processing dated the Business Day for which
the depot is calculated.
(b) Gross fee amounts to be debited are calculated before the deduction of any rebates. No account is taken of
any fee amounts to be credited.
Operating Procedures 1
January 15, 2007
Part III - Fees Section 23 - Fees
(b) Custody Cash Distributions not received by Euroclear Bank in the circumstances described in Section
19.5.3.1 (d) or (e) may be subject to a penalty supplemental fee, the amount of which is determined in the
discretion of Euroclear Bank.
(c) In accordance with Section 15 of the Terms and Conditions, Euroclear Bank, in its sole discretion, reserves
the right to charge the relevant Participant with any additional fees imposed on, or paid by or charged to
Euroclear Bank in the circumstances described in Sections 10.3.1 and 10.3.3 in connection with the
indemnification of Euroclear Bank by the Participant as set forth in Sections 10.3.1 and 10.3.3.
(b) Registration for automatic conversion of monthly fees or revocation of a registration must be received by
Euroclear Bank by 10:00, four Business Days before the day of credit or debit of the fees in a Participant’s
Cash Account.
(d) The conversion is executed the day the monthly fees are to be credited or debited. Cash is debited and
credited to the appropriate subdivisions of the Cash Account on the day of execution of the conversion. The
Value Date of the conversion is the first business day after the conversion date which is a business day in the
countries of both currencies.
2 Operating Procedures
January 15, 2007
Part IV - Domestic Markets
Table of contents
Operating Procedures
January 1, 2001
Part IV – Domestic Markets Section 24 – Domestic Markets
Table of contents
Argentina ................................................................................................................................................ RA 1
1. Additional fees
2. De-Listed securities
Austria ........................................................................................................................................................A 1
1. Internal Settlement
2. External Settlement – Application of local market rules
3. External Settlement – Partial settlement
Belgium....................................................................................................................................................B 1-7
1. Holding restrictions
2. Cross-border settlement limitations
3. Withholding taxes
4. Settlement – Application of local market rules
5. Settlement – Partial settlement
6. Settlement Processing – Positioning – Recycling
7. Market claims
8. Place of deposit
9. Custody
10. OLOs (Obligations Linéaires/Lineaire Obligaties) held at Euroclear Bank
11. Services dedicated to RepoClear dealers in Belgian debt instruments (see Section 7, 15.2, 15.3, 15.7)
12. Vault and Certificates Transer Service
13. Stock Exchange Instructions Routing Service
Canada.................................................................................................................................................. CDN 1
1. Provisional entries
2. Withholding taxes
Cyprus ..................................................................................................................................................... CY 1
1. Holding restriction
Czech Republic........................................................................................................................................ CR 1
1. Compliance with local law
2. Disclosure requirements
3. Depositary agreement
4. Notification duty
Denmark...............................................................................................................................................DK 1-2
1. Cross-border settlement limitations
2. Generation of records
3. Voting rights
4. Bridge settlement for Danish securities subject to drawings
Dubai ....................................................................................................................................................... DU 1
1. UAE equities subject to nationality declaration requirements
2. Local regulations
3. Application of local market rules
EuroMTS...................................................................................................................................... EuroMTS 1
1. Authorised disclosure
Finland.................................................................................................................................................... FIN 1
1. Holding restrictions
2. Voting rights
3. Withholding taxes
France...................................................................................................................................................... F 1-7
1. Authorised disclosure
2. Reversals and restrictions in respect of securities in registered form
Operating Procedures
September 20, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
Operating Procedures
September 20, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
Operating Procedures
August 16, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
Slovenia.....................................................................................................................................................SL 1
1. Holding restrictions
South Africa............................................................................................................................................. ZA 1
1. Holding restrictions
Spain ...........................................................................................................................................................E 1
1. Holding restrictions and disclosure requirements
2. Matching in the local market
3. Additional fees
Sweden.................................................................................................................................................... SW 1
1. Cross-border settlement limitations
2. Execution and Generation of records
3. Voting rights
Switzerland...........................................................................................................................................CH 1-2
1. Authorised disclosure
2. Fungibility
3. Custody services provided by Euroclear Bank
4. Voting rights
5. Custody instructions on pending trades
Thailand................................................................................................................................................TH 1-2
1. Blocking of securities
2. Registered securities
3. THB restrictions
United Kingdom ...................................................................................................................................GB 1-8
1. Provisional entries to Cash Accounts
2. Refusal of receipts of securities
3. Disclosure requirements
4. External settlement
5. Penalty fees
6. Stamp duty and stamp duty reserve tax
7. Internal and external settlement – Issues of subscription rights
8. UK equities subject to nationality declaration requirements
9. Stock Loan Transactions in CRESTCO
10. Settlement of UK SETS Transactions
11. Settlement of SETS Transactions - Market Claims (see Section 20.7)
12. ACON processing
U.S.A.........................................................................................................................................................US 1
1. Provisional entries
2. Exchange and conversion and other options
3. Adjustments due to partial redemptions
4. U.S. withholding tax on compensation for certain payments
5. Blocking of onward deliveries of newly issued MMI securities during the Real-Time Processing
6. Interest Compensation Claims
7. Unmatched free of payment receipts (dumps)
Operating Procedures
September 20, 2010
Part IV - Domestic Markets Section 24 - Domestic Markets
Argentina
2. De-Listed securities:
Participants should be aware that Euroclear Bank is unable to provide custody services, including information
relating to Corporate Events, pursuant to Part II – B hereof with respect to Argentinean securities that have
been de-listed by the Buenos Aires Stock Exchange. Such securities are not eligible for transfer by book-entry
at Caja de Valores and are held separately registered in the name of Euroclear Bank in the “Registro de
Terceros” at Caja de Valores or by a registrar appointed by the issuer. Euroclear Bank accepts no liability for
any losses resulting from the holding of such de-listed securities, including the inability of a Participant to
participate in a specific Corporate Event. Participants are requested to transfer their holdings of such securities
out of the Euroclear System to avoid any such losses. Any additional costs resulting from a transfer of such
securities incurred by Euroclear Bank will be charged to the Participant.
Operating Procedures RA 1
January 15, 2007
Part IV - Domestic Markets Section 24 - Domestic Markets
$XVWULD
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(a) As a condition for Euroclear Bank to provide External Settlement for ASE transactions, Participants have to:
(i) grant a power of attorney to Oesterreichische Kontrollbank Aktiengesellschaft (“OeKB”) and Wiener Börse
AG ("WBAG") to permit Settlement of ASE transactions in a form required by Euroclear Bank in its discretion;
(ii) comply with all other requirements imposed on the Participants by local market rules in order for Euroclear
Bank to settle ASE transactions on the local market, execute a Declaration of Membership to the Clearing and
Settlement System of WBAG and an agreement with OeKB together with a statement confirming that OeKB will
act as Clearing Agent on their behalf and acknowledging that they will comply with local market rules; and
(iii) open a collateral account with Euroclear Bank in a form required by Euroclear Bank in its discretion.
(b) Participants agree to be bound by the rules set by the Arrangement and rules of WBAG and acknowledge the
consequences resulting therefrom. Euroclear Bank will not be liable in relation to the granting of the power of
attorney by a Participant to OeKB and WBAG and operating the Participant’s account as a result thereof. The
Participants acknowledge and agree that Euroclear Bank does not guarantee or ensure in any way the settlement of
ASE transactions and that execution of any external instruction related to ASE transaction will continue to be
subject to the Settlement Conditions set out in the Operating Procedures. The Participant acknowledges and agrees
that default of execution of any external instruction related to ASE transaction may trigger penalties and sanctions
imposed by OeKB and WBAG (including suspension from trading and exclusion from WBAG) and that Euroclear
Bank will not be liable for such penalties and sanctions.
(c) Participants agree to indemnify and hold harmless Euroclear Bank and the Clearing Agent from any liability or
damage incurred under the Arrangement (including any suits by a counterparty to a trade or a third party) or
incurred in connection to the rules of WBAG.
(d) Euroclear Bank will not offer Settlement with regard to ASE transaction executed by a Participant for securities
that are quoted simultaneously on the Austrian and another Stock Exchange and will not be liable for any delay or
other consequence in respect of those transactions.
Operating Procedures A1
January 1, 2001
Part IV – Domestic Markets Section 24 – Domestic Markets
Belgium
1. Holding restrictions (see Section 10.3):
(a) For the purpose of this section dematerialised debt securities include Treasury Bills (Bons de Trésor /
Schatkistbons), Treasury Certificates (Certificats de Trésorerie/Schatkistcertificaten), Linear Government Bonds
(OLOs/Obligations Linéaires/Lineaire obligaties), State Bonds (Bons d’Etat/Staatsbons), Certificates of
Deposits (Certificats de Dépôt/Depositobewijzen) and Commercial Papers (Billets de
Trésorerie/Thesauriebewijzen).
(b) Dematerialised domestic debt securities (except the securities mentioned under (d) below) and bearer
domestic debt securities in global form held in the X/N system of the Banque Nationale de Belgique/Nationale
Bank van België (“BNB”) may not be held in the Euroclear System by Participants that are not located in
Belgium on behalf of beneficial owners that are:
(i) Belgian non-profit organisations; or
(ii) individuals subject to income tax in Belgium.
Operating Procedures B1
October 13, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
(f) In order to be eligible to use the settlement services for SE Transactions on certain Belgian registered
securities, Participants must:
(i) open a Non-Deposit Account in Euroclear Bank;
(ii) select whether they want Euroclear Bank to keep the physical certificates issued in evidence of the
recording of the beneficial owners’ holdings in Belgian registered securities in the issuer’s register
(“Certificates”).
5. Settlement (see Sections 6.4, 6.6, 9.2, 15.7, 15.9) - Partial settlement:
(a) Euroclear Bank may partially execute Instructions up to the amount of securities available in Participants’
Securities Clearance Account in case Participants have insufficient securities in their Securities Clearance
Account to settle the full amount of securities needed for a transaction, as described in the Euroclear
Documentation.
(b) With regard to SE Transaction, partial settlement is automatically applied by LCH Clearnet and is mandatory.
Each Participant hereby authorises Euroclear Bank to cancel its original instruction and replace it by one or
more new instructions and to take all other steps that Euroclear Bank may consider necessary or useful in order
to correctly reflect the partial settlement in Participant’s Securities Clearance Accounts and related Cash
Accounts. Euroclear Bank will not partially execute instructions at the request of a Participant unless such
Participant has subscribed to the auto-partial service as set forth in paragraph (c) hereunder.
(c) Euroclear Bank offers the possibility for each Participant to subscribe to the auto-partial service, as set forth
in the Euroclear Documentation, in order to facilitate settlement process between Participants’ Securities
Clearance Accounts.
(d) Participants understand that securities will be blocked for the purpose of executing partial settlement and
will remain unavailable for execution of other instructions input by Participants except for those instructions
generated by Euroclear Bank in accordance with the above paragraphs (b) and (c).
(e) Participants understand that the new instructions generated by Euroclear Bank have the same priority level as
other instructions generated by Participants. Consequently, partial settlement might fail in case instructions
generated by LCH Clearnet or Participants take up available securities upon unblocking of those securities for
execution of the new instructions generated by Euroclear Bank in connection with partial settlement.
Participants are advised not to generate instructions for the same securities around the time of processing of
partial settlement. Euroclear Bank accepts no liability for failure of partial settlements as a result thereof. If,
further to Euroclear Bank’s cancellation of the original instruction generated by a Participant, the latter wants to
cancel or amend its original instruction and replace it by one or more other instructions, it needs to instruct on
the new instructions generated by Euroclear Bank as Participant’s original instruction has been cancelled by
Euroclear Bank in the meantime.
(f) Euroclear Bank accepts no liability for any direct or indirect consequences of the partial settlement of an
instruction or the failure thereof.
B2 Operating Procedures
October 13, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
Operating Procedures B3
October 13, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
B4 Operating Procedures
October 13, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
(iv) agrees and acknowledges that Euroclear Bank may report any settlement information in relation to its
transactions to LCH Clearnet notwithstanding any contractual confidentiality; and
(v) agrees and acknowledges that it remains liable for the obligations it has towards LCH Clearnet and that
Euroclear Bank will not replace it in its obligations or liability vis-à-vis LCH Clearnet at any point in time.
(j) With regard to Participant's Securities Clearance Account and related Cash Account in Euroclear Bank, the
latter provides standard reporting to Participant as set forth in Section 7. With regard to Euroclear Bank’s sub-
account dedicated to Participant in BNB, Euroclear Bank will not provide any separate reporting to Participant.
(k) For external receipts of securities (see Section 15.2), settlement of receipts from the local market takes place
in the Euroclear Bank’s sub-account dedicated to Participant in BNB. External receipt instructions will follow
the specific lifecycle as described in the Euroclear Bank service offering mentioned here above under (a).
Thereafter, with regard to instructions that have settled in BNB, securities will automatically be booked into
Participant’s Securities Clearance Account in Euroclear Bank as described in said Euroclear Bank service
offering. Participants are advised that there may be delays between the time of Euroclear Bank’s receipts of
confirmation from BNB and corresponding credits to Participant's Securities Clearance Account in Euroclear
Bank.
(l) Delivery instructions (see Section 15.3) will be released to the local market from the Euroclear Bank’s sub-
account dedicated to Participant in BNB upon corresponding positioning of securities in Participant’s Securities
Clearance Account in Euroclear Bank. This release of instructions will take place despite the fact that there may
be insufficient securities in such Participant’s Securities Clearance Account in Euroclear Bank as the effective
settlement in the local market will actually depend on the availability of the securities in Euroclear Bank’s sub-
account dedicated to Participant in BNB (see below under (m)). Release of instructions will occur at designated
times set out in the Euroclear Bank service offering concerning services dedicated to dealers in Belgian debt
instruments.
(m) Positions held in Euroclear Bank’s sub-account dedicated to Participant in BNB will not be segregated in
the Participant’s Securities Clearance Account in Euroclear Bank. Euroclear Bank will generate instructions to
operate realignments in order to transfer securities between Euroclear Bank’s main account in BNB and
Euroclear Bank’s sub-account dedicated to Participant in BNB in order to facilitate settlement of external
deliveries. The realignments operated from Euroclear Bank’s sub-account in BNB dedicated to Participant to
Euroclear Bank’s main account in BNB are made in order to settle internal instructions. Furthermore, Euroclear
Bank will, on a reasonable effort basis, empty Euroclear Bank’s sub-account dedicated to Participant in BNB
end of day and securities will be realigned to Euroclear Bank’s main account in BNB. These realignments will
be entirely operated by Euroclear Bank. Participant acknowledges and agrees that these realignments give
priority to either internal or external receipts or deliveries. Those priorities will therefore change depending on
the settlement cycle as set out in the Euroclear Bank service offering concerning services dedicated to dealers in
Belgian debt instruments.
(n) External deliveries are positioned in Participant’s Securities Clearance Account in Euroclear Bank. At
designated times set out in the Euroclear Bank service offering concerning services dedicated to dealers in
Belgian debt instruments, Euroclear Bank may create technical reservations in Participant’s Securities Clearance
Account in Euroclear Bank. Such technical reservation reflects the sending of a delivery instruction to the local
market through the Euroclear Bank sub-account dedicated to Participant in BNB while Participant had not yet
received a credit booking at Euroclear Bank. Each Participant agrees and acknowledges that all receipts in
Euroclear Bank sub-account dedicated to Participant in BNB are reserved to settle external deliveries.
Subsequently, each Participant agrees and acknowledges that those external deliveries have priority over any
other pending delivery (internal or cross-border bridge) instruction in the Securities Clearance Account of
Participant in Euroclear Bank as specified in the Euroclear Bank service offering concerning services dedicated
to dealers in Belgian debt instruments.
(o) Each Participant agrees and acknowledges that external deliveries only settle if there are enough securities in
Euroclear Bank’s sub account dedicated to the Participant in BNB or due to the optimisation in BNB. Failed
external deliveries are recycled for next value date. A reservation of securities is made in Participant’s Securities
Clearance Account in Euroclear Bank for an equivalent nominal amount necessary to the external delivery.
Euroclear Bank shall make technical adjustments in Participant’s Securities Clearance Account in Euroclear
Bank to take into account positioning exemption.
Operating Procedures B5
October 13, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
(p) In case a long balance remains at the end of the day in Euroclear Bank’s sub-account dedicated to Participant
in BNB, each Participant agrees and acknowledges that Euroclear Bank may create reservations corresponding
to such long balance in Participant’s Securities Clearance Account in Euroclear Bank. Reservations will be
automatically cancelled by Euroclear Bank at the time specified in the Euroclear Bank service offering
concerning services dedicated to dealers in Belgian debt instruments. Consequently, Participants understand that
Securities corresponding to such long balance will be blocked in Participant’s Securities Clearance Account in
Euroclear Bank for the purpose of reservation and will remain unavailable for execution of other instructions
input by Participants until the reservation has been cancelled by Euroclear Bank as set forth above.
(q) Each Participant acknowledges and agrees that late instructions received from Participants will be processed
by Euroclear Bank on a reasonable effort basis.
(r) Euroclear Bank takes no liability for any other services than the ones described herein and in the Euroclear
Bank service offering concerning services dedicated to dealers in Belgian debt instruments.
B6 Operating Procedures
October 13, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
A copy of the Service Provision will be provided with the Non-Deposit Account opening form or if a Participant
has already a Non-Deposit Account which can be use for this service, a copy will be provided to the Participant
as soon as the Participant indicates that it wants to make use of this service.
(c) The Participant warrants and represents, and has the responsibility to ensure that (i) it has made appropriate
arrangements with Euronext Brussels and LCH.Clearnet SA in order to allow settlement of transactions on
Belgian registered securities through Euroclear Bank’s account dedicated to the Participant’s activity in Belgian
registered securities that has been opened by Euroclear Bank in the books of Euroclear Belgium, and (ii) it has
received and will maintain authority from beneficial owners to provide Instructions and authority to Euroclear
Bank with respect to Certificates and Belgian registered securities that are registered in the name of such
beneficial owners in the register of the issuer.
(d) Instructions for Belgian registered securities are either against payment external receipt Instructions (“Stock
Exchange purchase instructions”) or against payment delivery Instructions (“Stock Exchange sale instructions”).
Internal and Bridge Instructions are not possible for Belgian registered securities. Following Euroclear
Belgium’s rules, Participants cannot amend or cancel Stock Exchange instructions in Belgian registered
securities input by Euroclear Bank on behalf of Participants.
(e) Participants must send Euroclear Bank an original and duly completed and signed buying power (“pouvoir
acheteur”) (for a Stock Exchange purchase instruction) or selling power (“pouvoir vendeur”) (for a Stock
Exchange sale instruction) in accordance with the provisions as set out in the Service Provision. Participants
should send their buying and selling powers to Euroclear Bank through registered mail or express courier.
Euroclear Bank accepts no liability for any losses, judgements, costs, expenses and damages of any kind
whatsoever resulting from delay in sending buying or selling powers or Certificates to Euroclear Belgium
caused by Participants, beneficial owners or any third party. Penalty fees imposed by Euroclear Belgium due to
late receipt of buying and selling powers will be charged to Participants as out-of-pocket expenses.
(f) Participants that do not keep their Certificates with Euroclear Bank must for Stock Exchange sale
instructions send their original selling power and original Certificate(s) evidencing the amount of securities that
are the subject of the sale transaction to Euroclear Bank in accordance with the Service Provision. Participants
that keep their Certificates with Euroclear Bank do not need to take any action.
(g) Positioning, processing and recycling of Stock Exchange purchase and sale instructions is pursued in
accordance with the Service Provision.
(h) Euroclear Bank offers a realignment service for Participants acting as custodian or as broker in relation to
Stock Exchange instructions in Belgian registered securities in accordance with the Service Provision.
(i) Participants are aware that holding and transfer restrictions may apply to particular Belgian registered
securities as set out in the Service Provision. It is the Participant’s responsibility to comply with any such
holding and transfer restrictions.
(j) Positions in Belgian registered securities recorded in a Non-Deposit Account are not reported per beneficial
owner and Participants cannot associate a particular position with a particular beneficial owner or Certificate in
the reporting.
(k) Euroclear Bank does not assist Participants in the processing of off-exchange transfers. Off-exchange
transfers must be handled directly with the issuer.
(l) Euroclear Bank does not provide assistance in the process of obtaining approval of the trade by the issuer of
Belgian registered securities and it is the Participant’s responsibility to obtain such approval. Euroclear Bank
does not accept any responsibility for refusal of a transaction by an issuer or any consequence thereof.
(m) Income payments on Belgian registered securities may be paid directly by the issuer to Euroclear Bank if:
(i) a Participant is acting for the purchasing beneficial owner and has not provided its buying power in
relation to a Stock Exchange purchase instruction by closing of the income coupon period. Euroclear Bank
will pay the funds to the Participant after receipt of the buying power from the Participant and confirmation
from Euroclear Belgium that the register has been updated;
(ii) a Participant is acting for the selling beneficial owner and the related Stock Exchange sale instruction is
not settled at closing of the income coupon period. Euroclear Bank will pay the funds to the Participant upon
receipt of the funds from the issuer. It is the Participant’s responsibility to remit the funds to its
counterparty.
Operating Procedures B7
October 13, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
Income distributions made by issuers to Euroclear Bank will be made after withholding of the maximum
withholding tax rate. Participants must contact the issuer directly to reclaim any tax relief.
(n) Euroclear Bank does not offer market claim detection or processing service on transactions involving
Belgian registered securities.
(o) Euroclear Bank does not assist Participants in the notification or processing of corporate actions affecting
Belgian registered securities.
(p) Belgian registered securities are not eligible in the Securities Lending and Borrowing Program.
B8 Operating Procedures
October 13, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
Canada
1. Provisional entries
Euroclear Bank credits the Cash Account of the Participant for deliveries of domestic securities against payment
after confirmation by the Depositary of deliveries in the local market, but possibly before delivery is final in
accordance with local market rules. As a result, credits to Cash Accounts arising out of receipts of funds
resulting from deliveries of domestic market securities against payment are provisional until final receipt of
funds at the Cash Correspondent for the account of Euroclear Bank.
Cyprus
1. Holding restriction (see Section 10.3)
Cypriot government bonds may not be held in the Euroclear System on behalf of beneficial owners who are
Cypriot residents.
Operating Procedures CY 1
March 16, 2009
Part IV - Domestic Markets Section 24 - Domestic Markets
Czech Republic
2. Disclosure requirements
To comply with the requirements of Czech law and Czech regulatory authorities, each Participant authorises
Euroclear Bank to disclose the Participant's name, location and the amount of securities of any issue of Czech
securities standing to the credit of or recorded in its Securities Clearance Account or other account in its name,
to the Czech authority that has requested such information.
In addition, Participants may be requested to disclose the names of the clients on behalf of whom they may be
holding Czech securities and to further seek and communicate the names of the beneficial owners of Czech
securities if Euroclear Bank, the Euroclear Depositary or its local agent are requested to provide this
information to the Czech authorities for Anti-Money Laundering or other purposes.
3. Depositary agreement
Due to a non-disclosure agreement concluded between Euroclear Bank and its Depositary, Euroclear Bank is
not allowed to disclose the contents of the Depositary Agreement which is therefore not included in the Asset
Protection Pack.
4. Notification duty
Participants must promptly notify Euroclear Bank of any losses or damages sustained, partly or wholly, due to
the misperformance, whether negligence, willful misconduct or fraud, of the Depositary and/or its Agent.
Failure to notify Euroclear Bank in good faith immediately upon the Participant's becoming aware of such loss
or damage and to take steps to mitigate such loss or damage, may result in reduced compensation of the loss or
damage.
Operating Procedures CR 1
June 19, 2006
Part IV - Domestic Markets Section 24 - Domestic Markets
Operating Procedures
Part IV – Domestic Markets Section 24 – Domestic Markets
Denmark
1. Cross-border settlement limitations (see Section 15.1.2):
(a) VP may limit the number of Euroclear transactions to be settled on any day in so far as the aggregate net
Danish Krone cash amount to be paid by Euroclear Bank in respect of deliveries into the Euroclear System
against payment, after taking into account certain deliveries from the Euroclear System against payment, would
exceed credit limits set by Danmarks Nationalbank.
(b) If an instruction exceeds Euroclear Bank’s credit limit at Danmarks Nationalbank, such instructions may be
cancelled either by Euroclear Bank or by Vaerdipapircentralen (VP). Euroclear Bank will reinstate the
instruction and include it in the next possible transmission to VP until the transaction settles or is cancelled in
accordance with local market rules.
(c) As a result, Participant’s instructions may fail to settle if aggregate Euroclear instructions would otherwise
be in excess of any such limit, and the rules in Section 15.1.2 apply. Euroclear Bank accepts no liability
whatsoever for such instructions which fail to settle.
Operating Procedures DK 1
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
Euroclear Bank enters an instruction to deliver the securities out of the Euroclear System (and makes
arrangements for the securities to be credited to the account in the name of the beneficial owner referred to
above), subject to the satisfaction of the Settlement Conditions. Euroclear Bank debits the securities to the
Participant’s Securities Clearance Account, and subject to such debit, makes arrangements for the issuer to
register the securities in the name of the beneficial owner on the Business Day next succeeding the date of the
debit, and notes the securities in the associated memorandum account.
(d) As soon as possible after registration in the beneficial owner’s name ceases to be necessary, Euroclear Bank
will make arrangements for the securities (and any Custody Non-cash Distribution) to be reregistered in the
name of the appropriate nominee name for the Euroclear System and to be credited to the Participant’s
Securities Clearance Account.
(e) Significant expenses may need to be incurred, including representation fees, for Danish securities to be voted
against a proposal made by the board of directors of the relevant company or as an abstention. Such expenses,
including representation fees, will be debited to the Participant’s Cash Account related to the Securities
Clearance Account to which the voting instruction relates.
4. Bridge settlement for Danish securities subject to drawings (see Sections 14 and
20.2.3.1):
Danish securities subject to partial redemption by drawing are not eligible for Bridge settlement during the Real-
time Processing on the record day for the relevant drawing.
DK 2 Operating Procedures
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
Dubai
1. UAE equities subject to nationality declaration requirements (see Sections 3.4, 10.3
and 10.4):
(a) Certain UAE equities accepted in the Euroclear System are subject to nationality declaration requirements
(“Nationality Declaration”). It is the responsibility of each Participant to inform itself of, and ensure that if
complies with, any requirements applicable to such UAE equities subject to Nationality Declaration (whether
such requirement is imposed by regulation, statute, issuer practices, local market rules or otherwise).
(b) If an issuer, the Central Securities Depositary or Euroclear Bank’s Depositary require information on
Nationality Declaration (or equivalent information) to be provided by Euroclear Bank, it is the responsibility of
Participants to provide such information to Euroclear Bank in the form and by the time specified by Euroclear
Bank. Euroclear Bank accepts no liability arising out of, or resulting from, the failure of one or more
Participants to provide any required information relating to Nationality Declaration or to do so in the required
format, including without limitation liability for the rejection in the local market of an instruction or blocking of
securities.
(c) To comply with requirements applicable to UAE equities subject to Nationality Declaration, including
holding or transfer restrictions, foreign ownership limitations or disposal requirements of foreign holdings,
Euroclear Bank reserves the right to take any action which it considers appropriate to comply with such
requirements, including, without limitation, instructing a Participant to sell or otherwise transfer securities or
debiting a Participant's Securities Clearance Account, on a pro rata basis or otherwise, as Euroclear Bank deems
appropriate. Euroclear Bank does not accept any liability for any losses resulting from taking any such action.
2. Local regulations:
(a) As a consequence of local regulations, all transactions (including OTC transactions) have to be reported to
Nasdaq Dubai and Nasdaq Dubai has a right to enquire about the purpose of any transaction. It is the
responsibility of each Participant to inform itself of, and ensure that it complies with, any requirements
applicable to UAE equities subject to Nasdaq Dubai reporting and enquiry. In order to comply with
requirements applicable to UAE equities subject to Nasdaq Dubai reporting and enquiry, Euroclear Bank
reserves the right to take any action which it considers appropriate to comply with such requirements. Euroclear
Bank does not accept any liability for any losses resulting from taking any such action.
(b) As a consequence of local regulations, Nasdaq Dubai members are obliged to report all transactions to
Nasdaq Dubai that involve a change of beneficial ownership for all securities that are exclusively or primarily
listed on Nasdaq Dubai. It is the responsibility of each Participant to inform itself of, and ensure that it complies
with, any such reporting obligation applicable to UAE equities subject to such Nasdaq Dubai regulations. In
order to comply with requirements applicable to UAE equities subject to such Nasdaq Dubai reporting
obligation, Euroclear Bank reserves the right to take any action which it considers appropriate to comply with
such requirements. Participants will be held responsible for any damage incurred to Euroclear Bank or other
Participants due to their non-compliance to such reporting obligation.
Operating Procedures DU 1
July 19, 2010
Part IV - Domestic Markets Section 24 - Domestic Markets
(XUR076
$XWKRULVHGGLVFORVXUH
Participants are reminded that Euroclear Bank may be required to confirm certain information to EuroMTS
concerning certain instructions (cancellation instructions of Participants, unsettled instructions after the due
settlement date) resulting from trading on EuroMTS and instructed by EuroMTS on behalf of Participants.
Participants authorise Euroclear Bank to disclose all such information which EuroMTS may require relating to
trades settled through the Euroclear System.
Finland
Euroclear Bank enters an instruction to deliver the securities out of the Euroclear System (and makes
arrangements for the securities to be credited to the account in the name of the beneficial owner referred to
above), subject to the satisfaction of the Settlement Conditions. Euroclear Bank debits the securities to the
Participant’s Securities Clearance Account, and subject to such debit, makes arrangements for the issuer to
register the securities in the name of the beneficial owner on the Business Day next succeeding the date of the
debit, and notes the securities in the associated memorandum account.
(d) As soon as possible after registration in the beneficial owner’s name ceases to be necessary, Euroclear Bank
will make arrangements for the securities (and any Custody Non-cash Distribution) to be reregistered in the
name of the appropriate nominee name for the Euroclear System and to be credited to the Participant’s
Securities Clearance Account.
France
1. Authorised disclosure (see Section 3.4):
(a) To comply with the requirements of French issuers of bearer securities (Identifiable Bearer Securities or 'TPI
- Titres au Porteur Identifiables') and registered securities (“nominatif administré”) each Participant authorises
Euroclear Bank to disclose the Participant's name, address and the amount of securities of any such issue
standing to the credit of its Securities Clearance Account or recorded account in its name, to the issuer of the
securities or its representative.
(b) The issuer of securities or its representative has the possibility to contact each Participant and request
information about its holding in order to identify the persons or entities for which it is holding such securities.
Failure to provide the required information may result in sanctions, including the blockage of voting rights and
dividend payment.
Operating Procedures F1
September 20, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
Participants hereby grant a power of attorney to Euroclear Bank to execute all operations related to securities
registered in their name or the names of beneficial owners for whom Participants may act (including but not
limited execution of all formalities for registration of such securities).
In order to enable Euroclear Bank to offer the service as described in this section (d), the Participant hereby
agrees to indemnify Euroclear Bank (and its officers, directors and employee) upon demand from and against
any and all suits, claims, losses, judgement, costs, expenses (including legal fees), liability and damages of any
kind whatsoever (collectively, 'losses') to which Euroclear Bank may be subjected or which may be asserted
against Euroclear Bank, resulting from, related to, caused by or otherwise arising in connection with any acts or
omissions of beneficial owners due to the registration in the share registry, including, but not limited to, any
entitlements received or any transfers effected by beneficial owners, directly without the intervention of
Euroclear Bank provided that such 'losses' do not result from negligence or wilful misconduct on the part of
Euroclear Bank. For any Cash Custody Distribution received outside the Euroclear System, Participants remain
subject to the provisions of Section 23.5(b).
4. Settlement (see Sections 6.4, 6.6, 9.2, 15.7, 15.9) - Partial settlement:
(a) Euroclear Bank may partially execute Instructions up to the amount of securities available in Participants’
Securities Clearance Account in case Participants have insufficient securities in their Securities Clearance
Account to settle the full amount of securities needed for a transaction, as described in the Euroclear
Documentation.
(b) With regard to SE Transaction, partial settlement is automatically applied by LCH Clearnet and is mandatory.
Each Participant hereby authorises Euroclear Bank to cancel its original instruction and replace it by one or
more new instructions and to take all other steps that Euroclear Bank may consider necessary or useful in order
to correctly reflect the partial settlement in Participant’s Securities Clearance Accounts and related Cash
Accounts. Euroclear Bank will not partially execute instructions at the request of a Participant unless such
Participant has subscribed to the auto-partial service as set forth in paragraph (c) hereunder.
F2 Operating Procedures
September 20, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
(c) Euroclear Bank offers the possibility for each Participant to subscribe to the auto-partial service, as set forth
in the Euroclear Documentation, in order to facilitate settlement process between Participants’ Securities
Clearance Accounts.
(d) Participants understand that securities will be blocked for the purpose of executing partial settlement and
will remain unavailable for execution of other instructions input by Participants except for those instructions
generated by Euroclear Bank in accordance with the above paragraphs (b) and (c).
(e) Participants understand that the new instructions generated by Euroclear Bank have the same priority level as
other instructions generated by Participants. Consequently, partial settlement might fail in case instructions
generated by LCH Clearnet or Participants take up available securities upon unblocking of those securities for
execution of the new instructions generated by Euroclear Bank in connection with partial settlement.
Participants are advised not to generate instructions for the same securities around the time of processing of
partial settlement. Euroclear Bank accepts no liability for failure of partial settlements as a result thereof. If,
further to Euroclear Bank’s cancellation of the original instruction generated by a Participant, the latter wants to
cancel or amend its original instruction and replace it by one or more other instructions, it needs to instruct on
the new instructions generated by Euroclear Bank as Participant’s original instruction has been cancelled by
Euroclear Bank in the meantime.
(f) Euroclear Bank accepts no liability for any direct or indirect consequences of the partial settlement of an
instruction or the failure thereof.
Operating Procedures F3
September 20, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
10. Euroclear Bank service concerning SBI trade management and settlement
(see Section 15):
(a) Euroclear Bank provides to Participants a specific service concerning SBI trade management and settlement
(“SBI Service”) in order to allow Participants to settle trades (“SBI Trades”) confirmed through the “Société de
Bourse – Intermédiares” system (“SBI System”) in Euroclear France. Euroclear Bank offers the SBI Service set
forth in the Euroclear Bank service provision titled “SBI Trade Management and Settlement Service” that is
attached to the registration form mentioned below under (c), and only this specific service.
F4 Operating Procedures
September 20, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
(b) The SBI Service is part of the Euroclear services rendered by Euroclear Bank as operator of the Euroclear
System. The rules and procedures applicable to the SBI Service must be read in conjunction with each other Part
of these Operating Procedures, unless otherwise specified herein. The SBI service is to be regarded as
expressions of the settlement and custody services listed in Section 12.1(c)
(c) In order to be eligible to use the SBI Service, a Participant must:
(i) be a trading member firm on Euronext Paris (“Marché au Comptant”);
(ii) subscribe to the SBI Service by executing the appropriate registration form;
(iii) open a new Securities Clearance Account with Euroclear Bank dedicated to the use of the SBI Service;
and
(iv) execute the Euroclear France appropriate documentation.
(d) The SBI Service allows Participants to confirm and settle SBI Trades directly with their counterparts in
Euroclear France from Participants’ Securities Clearance Account in Euroclear Bank. The latter only processes
trade confirmations (i.e. “Avis d’Opéré”) for the account and on behalf of its Participants. Participants remain at
all stages the trading counterparty of their own client. Euroclear Bank does not become in any way and at any
stage a party to SBI Trades. Euroclear Bank only acts as a settlement agent for its Participants. Participants
acknowledge and agree that Euroclear Bank does not act in any way as a clearing agent vis-à-vis its Participants.
(e) Each Participant acknowledges and agrees that Euroclear Bank does not guaranty in any manner the
successful result of the settlement of SBI Trades.
(f) Each Participant gives power and hereby authorises Euroclear Bank to operate its Security Clearance
Account opened on the books of Euroclear Bank and dedicated to Participants’ SBI activity and authorises
Euroclear Bank to take all measures that Euroclear Bank may consider necessary or useful as part of the SBI
Service.
(g) Each Participant gives power and hereby authorises Euroclear Bank to issue trade confirmations in the
Participant’s name and on its behalf on the basis of information communicated by the Participant. Euroclear
Bank takes no liability in case of inaccuracy of information provided by Participants with regard to trade price,
ISIN number, trade reference, broker commission, VAT and French stock exchange tax (“Impôt de Bourse”).
(h) The Participant remains at all stages responsible to comply with its tax obligations. Euroclear Bank does not
intervene in the collection of VAT, broker commission and French stock exchange taxes with respect to SBI
trades as part of the SBI Service.
12. Euroclear Bank service concerning bilateral financing and settlement optimisation
in France (see Section 15)
(a) Besides the standard services offered by Euroclear Bank to Participants on French debt instruments,
Euroclear Bank offers to Participants the possibility to settle bilateral financing transactions on French debt
instruments with specific processing rules for settlement instructions. Euroclear Bank offers this settlement
optimisation service as set forth herein and in the Euroclear Bank service provision titled “Euroclear Bank
service offering for bilateral financing and settlement optimisation in France” that is attached to the registration
form mentioned below under (c), and only this specific service.
Operating Procedures F5
September 20, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
(b) The bilateral financing and settlement optimisation service is part of the Euroclear services rendered by
Euroclear Bank as operator of the Euroclear System. The rules and procedures applicable to the bilateral
financing and settlement optimisation service must be read in conjunction with each other Part of these
Operating Procedures, unless otherwise specified herein. The Euroclear Bank service concerning bilateral
financing and settlement optimisation in France is to be regarded as expressions of the settlement and custody
services listed in Section 12.1(c).
(c) In order to be eligible to use the bilateral financing and settlement optimisation service offered by Euroclear
Bank, a Participant must subscribe to this specific service by executing the appropriate registration form.
(d) Each Participant subscribing to the bilateral financing and settlement optimisation service authorises
Euroclear Bank to take all appropriate steps on behalf of the Participant that Euroclear Bank may consider
necessary or useful in order to correctly execute the service described herein and in the Euroclear Bank service
offering for bilateral financing and settlement optimisation in France.
(e) For external receipt of securities (see Section 15.2), settlement of receipts from the local market takes place
in a sub-account opened by Euroclear Bank with Euroclear France and dedicated to each Participant subscribing
to the bilateral financing and settlement optimisation service. External receipt instructions will follow the
specific lifecycle as described in the Euroclear Bank service offering for bilateral financing and settlement
optimisation in France. After successful positioning on Participant’s Security Clearance Account, receipt
instructions will be sent for settlement in the local market. Thereafter, with regard to instructions that have
settled in Euroclear France, securities will automatically be booked into Participant’s Securities Clearance
Account as described in the Euroclear Bank service offering for bilateral financing and settlement optimisation
in France. Participants are advised that there may be delays between the time of Euroclear Bank’s receipts of
confirmation from Euroclear France and corresponding credits to Participants’ Security Clearance Accounts in
Euroclear Bank.
(f) For external delivery of securities (see Section 15.3), delivery instructions will be released to the local market
from the Euroclear Bank’s sub-account opened with Euroclear France and dedicated to each Participant
subscribing to the bilateral financing and settlement optimisation service upon corresponding positioning of
securities in Participant’s Security Clearance Account. This release of instructions will take place despite the
fact that there may be insufficient securities in Participant’s Securities Clearance Account as the effective
settlement in the local market will depend on the availability of the securities in Euroclear Bank’s sub-account
dedicated to each Participant in Euroclear France. Release of instructions will occur at designated times set out
in the Euroclear Bank service offering for bilateral financing and settlement optimisation in France.
(g) So far as realignments operated by Euroclear Bank are concerned:
(i) positions held in Euroclear Bank’s sub-account dedicated to Participant in Euroclear France will not be
segregated in the Participant’s Securities Clearance Account in Euroclear Bank;
(ii) Euroclear Bank will generate instructions to operate realignments in order to transfer securities between
Euroclear Bank’s main account in Euroclear France and Euroclear Bank’s sub-account dedicated to the
Participant in Euroclear France in order to facilitate settlement of external deliveries. The realignments
operated from Euroclear Bank’s sub-account in Euroclear France dedicated to the Participant to Euroclear
Bank’s main account in Euroclear France are made in order to settle internal instructions;
(iii) these realignments will be made according to the Euroclear Bank service offering for bilateral financing
and settlement optimisation in France and will be entirely operated by Euroclear Bank; and
(iv) these realignments give priority to either internal or external receipts or deliveries. Those priorities will
therefore change depending on the settlement cycle as set out in the Euroclear Bank service offering for
settlement optimisation in France.
(h) With respect to exemption from positioning, Participants acknowledge and agree that:
(i) external deliveries are positioned in the Participant’s Securities Clearance Account. As positioning is
done prior to booking of the credit, Euroclear Bank creates a technical reservation in the Participant’s
Securities Clearance Account in Euroclear Bank. This technical reservation reflects the sending of a delivery
instruction to the local market through the Euroclear Bank sub-account dedicated to Participants in Euroclear
France while Participants had not yet received a credit booking at the level of Euroclear Bank. Each
Participant subscribing to the service contemplated herein agrees and acknowledges that all receipts in
Euroclear Bank sub-account dedicated to Participants in Euroclear France are reserved to settle external
deliveries. Subsequently, each Participant agrees and acknowledges that those external deliveries have
priority over any other pending delivery (internal or cross-border bridge) instructions in Participant’s
Securities Clearance Account as specified in the Euroclear Bank service offering for bilateral financing and
settlement optimisation in France; and
F6 Operating Procedures
September 20, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
(ii) external deliveries only settle if there are enough securities in Euroclear Bank’s sub-account dedicated to
Participants in Euroclear France or due to the optimisation in Euroclear France (i.e. technical netting). Failed
external deliveries are recycled for next value date. A reservation of securities is made in the relevant
Participant’s Securities Clearance Account for an equivalent nominal amount necessary to the external
delivery.
(i) So far as reporting is concerned:
(i) with regard to Participants’ Securities Clearance Accounts, Euroclear Bank provides standard reporting to
Participants as set forth in Section 7 of the Operating Procedures governing the use of Euroclear Bank; and
(ii) with regard to Euroclear Bank’s sub-account in Euroclear France dedicated to Participants, Euroclear
Bank does not provide any separate reporting to Participants.
(j) Each Participant acknowledges and agrees that late instructions received by Euroclear Bank from Participants
will be processed by Euroclear Bank on a reasonable effort basis.
(k) Euroclear Bank takes no liability for any other services than the ones described herein and in the Euroclear
Bank service offering for settlement optimisation in France.
Operating Procedures F7
September 20, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
Germany
1. Holding restrictions (see Section 10.3):
Participants may not hold Czech equities in Euroclear Bank on behalf of beneficial owners that are resident for
tax purposes in the Czech Republic or on behalf of Czech permanent establishments of non-residents.
Operating Procedures D1
April 20, 2009
Part IV – Domestic Markets Section 24 – Domestic Markets
(a) when the Depositary which is required to execute the voting instruction does not hold sufficient inventory of
securities, Euroclear Bank arranges for the missing securities to be transported ,delivered or transferred from the
location or account in which they are held to the relevant Depositary. In certain circumstances, securities may
be in transit between Depositaries and there may be a delay or even an inability to execute the voting
instruction.
Such circumstances may results for instance from the necessary realignment of positions between Euroclear
Bank’s account with CBF and the CBF account of the Depositary;
(b) because in order to cast the voting on German registered shares, such securities must be registered in
company’s share register. In the German market the registration is possible until the registration closing date,
i.e. the date as of which the share register is closed prior to the meeting. If following the necessary realignment
or other operational procedures with the Depositary, the Depositary required to execute the voting instruction
requests the registration of shares only after the registration closing date, this may prevent the exercise of voting
rights for these shares; and
(c) because the company that has issued the securities may limit the range of persons to which shareholders may
grant a proxy (such as but not limited to persons who have full legal capacity, Germans, or to other registered
shareholders).
D2 Operating Procedures
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
Greece
1. Holding Restrictions (see Section 10.3)
Greek Treasury bills and Greek government debt securities may not be held in the Euroclear System by
Participants that are resident for tax purposes in Greece, or on behalf of intermediaries or beneficial owners that
are resident for tax purposes in Greece.
3. External Settlement (see Sections 6.4, 6.6, 9.2, 15.7, 15.9) - Partial settlement
(a) Transactions executed on the Athens stock exchange, may be settled in the local market on a partial basis.
As a result thereof, Euroclear Bank may be obligated to partially execute an external instruction (hereafter, the
“original instruction”). Euroclear Bank is hereby authorised by the Participants to cancel the original instruction
and replace it by one or more other external instructions and to take all other steps that it considers necessary or
useful in order to correctly reflect the partial settlement in the local market in the Cash Account or the Securities
Clearance Account or the related Transit Account of the instructing Participant.
(b) Securities and cash positioned as a result of the original instruction will remain unavailable for execution of
other instructions (except for those instructions generated by Euroclear Bank in accordance with the previous
paragraph) or operations.
(c) Euroclear Bank will not partially execute an instruction at the request of a Participant.
(d) Euroclear Bank accepts no liability for any direct or indirect consequence of the partial execution of an
external instruction or the failure thereof.
Operating Procedures GR 1
August 16, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
Hong Kong
1. Provisional entries (see Section 8.2):
Finality of securities transfers is independent of, and not conditional upon, cash transfers. Euroclear Bank
credits the Cash Accounts of Participants after delivery of HKD securities (or warrants exercisable for equities)
against payment to the Depositary or other Clearance System, and after securities transfer is final, but before
cash transfer is final. As a result, credits to Cash Accounts arising out of receipts of funds by the Cash
Correspondent in Hong Kong resulting from deliveries of HKD securities against payment are provisional until
final receipt of funds at the Cash Correspondent for the account of Euroclear Bank.
Operating Procedures HK 1
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
Clearance Account until notification is received by Euroclear Bank from the Depository that it has received
certificates representing the newly registered securities from the registrar.
(f) If re-registration is denied by the registrar, and the reason for such denial is because the HKD securities are
not freely transferable and deliverable without encumbrance, the provisions of section 15(b) of the Terms and
Conditions shall apply.
(g) If re-registration is denied by the registrar, but the reason is something other than the securities not being
freely transferable and deliverable without encumbrance, then the Participant instructing the re-registration is
liable for the proper re-registration of such securities or their replacement. Euroclear Bank may, however, at its
sole discretion and at the further request of the instructing Participant, if it deems appropriate, either:
(i) take such action it deems necessary and resubmit the securities to the registrar for re-registration;
(ii) remove the blocking from the securities, debit them to the Securities Clearance Account in which they
were blocked and credit the securities to the same Securities Clearance Account but under the Common
Code allocated to securities of the issue registered in the name of a previous holder; or
(iii) remove the blocking from the securities, debit them to the Securities Clearance Account of the
Participant instructing the re-registration and return the certificates and transfer documents to such
Participant.
6. Taxes, similar duties and interest and penalties connected therewith (see Section
10.3.3):
Hong Kong profits tax may be due if a non-resident investor holds investment funds which generate profits
related to a trade, profession or business in Hong Kong. Euroclear Bank will not pay any Hong Kong profits tax
to the tax authorities. Participants agree to ensure that any Hong Kong profits tax due is paid by, or on behalf of,
the non-resident investor to the tax authorities.
HK 2 Operating Procedures
July 19, 2010
Part IV - Domestic Markets Section 24 - Domestic Markets
Hungary
2. Disclosure requirements
To comply with the requirements of Hungarian law and Hungarian regulatory authorities, each Participant authorises
Euroclear Bank to disclose the Participant's name, location and the amount of securities of any issue of Hungarian
securities standing to the credit of or recorded in its Securities Clearance Account or other account in its name, to the
Hungarian authority that has requested such information.
In addition, Participants may be requested to disclose the names of the clients on behalf of whom they may be holding
Hungarian securities and to further seek and communicate the names of the beneficial owners of Hungarian securities
if Euroclear Bank, the Euroclear Depositary or its local agent are requested to provide this information to the
Hungarian authorities for Anti-Money Laundering or other purposes.
3. Depositary agreement
Due to a non-disclosure agreement concluded between Euroclear Bank and its Depositary, Euroclear Bank is not
allowed to disclose the contents of the Depositary Agreement which is therefore not included in the Asset Protection
Pack.
4. Notification duty
Participants must promptly notify Euroclear Bank of any losses or damages sustained, partly or wholly, due to the
misperformance, whether negligence, willful misconduct or fraud, of the Depositary and/or its Agent. Failure to notify
Euroclear Bank in good faith immediately upon the Participant's becoming aware of such loss or damage and to take
steps to mitigate such loss or damage, may result in reduced compensation of the loss or damage.
Operating Procedures H1
June 19, 2006
Part IV - Domestic Markets Section 24 - Domestic Markets
Operating Procedures
Part IV - Domestic Markets Section 24 - Domestic Markets
Italy
2. Free of Payment Deliveries Without Matching (see Section 13.2.4 and 14.2.4):
With the exception of Central Bank Money instructions, internal or Bridge Free of Payment Deliveries Without
Matching instructions are not processed for Italian debt securities.
Operating Procedures I1
June 18, 2007
Part IV - Domestic Markets Section 24 - Domestic Markets
(g) Italian Debt Securities held on a Securities Clearance Account that is not “gross paying” are subject to Italian
substitute tax on a pro rata temporis basis, i.e. for the period during which the securities were held. Euroclear Bank
shall, in the events outlined hereunder, credit or debit the Cash Account of the relevant Participants by book transfer
with a Value Date equal to the date of such credit or debit:
(i) upon the credit of eligible securities other than BOTs (see below) to a “net paying” Account, the related Cash
Account will be credited with an amount equivalent to the Italian substitute tax due on the interest, issue discount,
and other income implicitly or explicitly accrued from January 1, 1997 or from the day of issue (as regards issue
discount) or from the first day of the coupon period (as regards coupons), whichever is later, up to and including
the contractual settlement date of the transaction;
(ii) upon the credit of eligible securities that are BOTs (BOTs are zero coupon bonds issued by the Italian
government with 3, 6, or 12 months maturity) to a “net paying” Account, the related Cash Account will be debited
with an amount equivalent to the Italian substitute tax due on the interest, issue discount, and other income that
will implicitly or explicitly accrue from the day after the contractual settlement date of the transaction up to and
including the maturity date of the securities concerned;
(iii) upon the debit of eligible securities other than BOTs from a “net paying“ Account, the related Cash Account
will be debited with an amount equivalent to the Italian substitute tax due on the interest, issue discount, and other
income implicitly or explicitly accrued from January 1, 1997 or from the day of issue (as regards issue discount) or
from the first day of the coupon period (as regards coupons), whichever is later, up to and including the
contractual settlement date of the transaction;
(iv) upon the debit of eligible securities that are BOTs from a “net paying“ Account, the related Cash Account will
be credited with an amount equivalent to the Italian substitute tax due on the interest, issue discount, and other
income that will implicitly or explicitly accrue from the day after the day after the contractual settlement date of
the transaction up to and including the maturity date of the securities concerned;
(v) on the coupon payment date of eligible securities with coupons attached held on a “net paying” Account, an
amount equivalent to the Italian substitute tax on the entire coupon will be debited to the Cash Account related to
the Account on which the securities concerned were held on the relevant Record Date;
(vi) on the redemption date of eligible securities other than BOTs that pay interest, issue discount, and other
income implicitly or explicitly accrued, on the redemption date, held on a “net paying” Account, an amount
equivalent to the Italian substitute tax on the interest, issue discount, and other income implicitly or explicitly
accrued from January 1, 1997 or from the day of issue (as regards issue discount) or from the first day of the
coupon period (as regards coupons), whichever is later, up to and including the redemption date, will be debited to
the Cash Account related to the Account on which the securities concerned were held on the relevant Record Date;
(vii) upon the date on which a “net paying” Account on which eligible securities other than BOTs are held
becomes gross paying (“effective date”), an amount equivalent to the Italian substitute tax on the interest, issue
discount, and other income implicitly or explicitly accrued from January 1, 1997 or from the day of issue (as
regards issue discount) or from the first day of the coupon period (as regards coupons), whichever is later, and up
to (but not including) the effective date will be debited to the related Cash Account;
(viii) upon the date on which an “net paying” Account on which eligible securities that are BOTs are held becomes
gross paying (“effective date”), an amount equivalent to the Italian substitute tax on the interest, issue discount,
and other income that will implicitly or explicitly accrue from the effective date up to and including the maturity
date of the securities will be credited to the related Cash Account.
(ix) in case interest, issue discount and other income on Italian Debt Securities is not determinable at the start of
the income accrual period, the amount of income accruing from the start of the income accrual period is deemed to
accrue to the beneficial owner that is holding the securities on the date at which such interest, issue discount
and/or other income is determined (the "Determination Date"). Consequently, upon the first event outlined above
under (iii),(v),(vi) and (vii) that occurs after the Determination Date, an amount equivalent to the Italian substitute
tax due on the part of interest, issue discount and other income that was not determinable at the start of the accrual
period, accrued from the first day of the accrual period will be debited to the relevant Cash Account of the
Participant holding the securities at the Determination Date.
I2 Operating Procedures
June 18, 2007
Part IV - Domestic Markets Section 24 - Domestic Markets
(h) A Participant wishing to act as a Lender or as a Borrower in connection with the Securities Lending and
Borrowing Program in respect of Italian Debt Securities, which are beneficially held by persons (including the
Participant, if applicable) entitled to an exemption from substitute tax, may not hold securities for more than one
beneficial owner, in a given “gross paying” Securities Clearance Account.
(b) Securities will be blocked for the purpose of executing split settlement and remain unavailable for execution of
other instructions input by the Participant except for those instructions generated by Euroclear Bank in accordance
with the previous paragraph.
(c) The instructions generated by Euroclear Bank have the same priority level as other instructions input by the
Participant. Consequently, new instructions resulting from shaping, might fail in case an instruction generated by the
Participant takes up available securities upon unblocking of those securities for execution of the instructions generated
by Euroclear Bank in connection with split settlement. Participants are advised not to communicate instructions in the
same securities around the time of processing of split settlement. Euroclear Bank accepts no liability for failure of split
settlement as a result thereof.
(d) Euroclear Bank will not split instructions at the request of Participants.
(e) Euroclear Bank accepts no liability for any direct or indirect consequence of split settlement of an instruction or
the failure thereof.
5. Agreement for Matching and Routing Service with Monte Titoli S.p.A.
(a) Participants must notify Euroclear Bank by sending a report within 7 (seven) calendar days from the day on which
it became aware of the occurrence of a loss-producing event that should be compensated for by the Local Central
Securities Depositary. Failure to respect such time limit may entail lapse of the Participant’s right against Monte
Titoli S.p.A. in this regard. The report shall contain a precise indication of the time at which the loss-producing event
occurred, the circumstances under which it occurred and an assessment of the loss produced. The related supporting
documentation, including in relation to the size of the loss incurred and the consequent claim, must be received by
Euroclear Bank within 15 (fifteen) calendar days of the expiration of the time limit referred to above.
(b) Participants hereby acknowledge that Euroclear Bank has indemnified Monte Titoli S.p.A. in the event of claims
for damages consequent upon actions by third parties, including other Monte Titoli S.p.A. clients, for any claim made
in relation to deeds or actions inherent in the performance of the matching and routing service and therefore,
Participants hereby agree to indemnify Euroclear Bank for any such claims that Monte Titoli S.p.A. or any third party
may file against it. In case any such claim is not related to any specific Participant, Euroclear Bank has the right to
indemnification pro rata to the amount of securities held by several Participants, as determined at Euroclear Bank’s
discretion.
Operating Procedures I3
August 20, 2007
Part IV - Domestic Markets Section 24 - Domestic Markets
Part IV – Domestic Markets Section 24 – Domestic Markets
Ireland
1. Execution and Generation of records (see Sections 15.5 and 15.9):
(a) Subject to entering into an agreement with the Irish National Treasury Management Agency (‘NTMA’),
Euroclear Bank credits Irish government bonds to the Securities Clearance Accounts of Participants as a result
of the Overnight Securities Settlement Process dated the intended settlement date (S). Such credits are based on
an irrevocable and unconditional commitment by the NTMA to deliver securities to Euroclear Bank and are
only made provided the relevant instructions have been successfully matched in CBISSO on S-1 and Euroclear
Bank has received, on S-1, through its Depositary, confirmation of NTMA’s guarantee to deliver securities in
accordance with criteria set by the NTMA.
(b) Participants hereby authorise Euroclear Bank to amend their external receipt instructions for Irish
government bonds by replacing the original counterparty with the NTMA insofar as the original counterparty
has not delivered the securities on S and such securities are to be received, in accordance with (a), from the
NTMA instead of the original counterparty.
(c) Any Participant which pursuant to the agreement between the NTMA and Euroclear Bank receives Irish
government bonds from the NTMA instead of the counterparty indicated in its external receipt instruction
hereby agrees to assign to the NTMA its right to receive the securities from the original counterparty and shall
take any such steps as necessary to allow the NTMA to exercise, against the original counterparty, the right of
the Participant to receive the securities.
Operating Procedures IR 1
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
(f) For a period of six years starting from the settlement date of the transaction, Participants are required, upon
request by Euroclear Bank or by the relevant tax authorities, to provide adequate proof of any exemption from
stamp duty claimed and all such information regarding transactions in relevant securities as may be reasonably
required by the relevant tax authorities or by Euroclear Bank. Participants shall transmit all such information
within the deadlines set by Euroclear Bank.
(g) Participants are required to provide information and access to records as provided under the Stamp Duty
Regulations. Participants holding relevant securities in the Euroclear System are deemed to have authorised
Euroclear Bank to disclose to the local authorities (including the tax authorities) or any other appropriate person
all information or documentation required by them and to have waived confidentiality for the appropriate
authorities and Euroclear Bank in respect of its dealings in relevant securities.
(h) Participants shall indemnify and hold harmless Euroclear Bank for any taxes, duties, claims, interest, fines,
penalties or damages imposed by the relevant authorities whether or not such demands are correct or disputed
and costs associated therewith in respect of their holdings of, or transactions in relevant securities held in the
Euroclear System. Euroclear Bank is hereby authorised to debit the Cash Accounts of such Participants for the
amount of any such taxes, duties, claims, interest, fines, penalties or damages and costs associated therewith.
(i) Euroclear Bank shall have the right to override the stamp status flags and to modify information included in
other fields in a Participant’s instruction which are relevant to the levy of stamp duty under this Section
24/Ireland 2, if it has reasons to believe, as determined by it in its sole discretion, that such flags are incorrect or
that such fields are wrongly completed.
5. External settlement (see Sections 6.4, 6.6, 9.2, 15.7 and 15.9) – Partial settlement:
(a) Participants should be aware that, pursuant to local market rules, CrestCo provides a mechanism which
enables counterparty members to split or settle part of a particular transaction without any action required from
the Participant. A transaction which has been split in CREST is known as the “parent” transaction and the new
transactions created are known as the “descendants”. Once a transaction has been split in the local market,
CrestCo treats each of the descendants as independent transactions which may settle, or fail to settle,
independently. In order to reflect the split in the local market, Euroclear Bank may, as an exceptional matter,
partially execute an external settlement instruction. In order to do so, Participants hereby authorise Euroclear
Bank to cancel the instruction for the parent transaction and replace it by instructions for the descendants and to
take all other steps that it considers necessary or useful in order to correctly reflect the partial or split settlement
IR 2 Operating Procedures
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
in the local market in the Cash Account or the Securities Clearance Account or the related Transit Account of
the instructing Participant.
(b) Securities and cash positioned as a result of the original instruction will remain unavailable for execution of
an instruction (other than those instructions generated by Euroclear Bank in accordance with the previous
paragraph) or operation.
(c) Euroclear Bank will not partially execute an instruction at the request of a Participant.
(d) Euroclear Bank accepts no liability for any direct or indirect consequence of the partial execution of an
instruction, including, without limitation, for failure to settle an instruction regardless whether the instruction
was reported to the Participant as matched and/or split.
8. Internal and external settlement (see Sections 13 and 15) – Issues of subscription
rights (see Section 20.4):
Euroclear Bank will not accept internal and external settlement instructions with regard to subscription rights in
physical form issued in relation to Irish equities held in CREST in the account of Euroclear Bank.
9. Irish equities subject to nationality declaration requirements (see Sections 3.4, 10.3
and 10.4):
(a) Certain Irish equities held in CREST and accepted in the Euroclear System are subject to nationality
declaration requirements ("Nationality Declaration"). It is the responsibility of each Participant to inform itself
of, and ensure that it complies with, any requirements applicable to such Irish equities subject to Nationality
Declaration (whether such requirement is imposed by regulation, statute, issuer practices, local market rules or
otherwise).
(b) If an issuer or CrestCo require information on Nationality Declaration (or equivalent information) to be
provided by Euroclear Bank, it is the responsibility of Participants to provide such information to Euroclear
Bank in the form and format specified in the Euroclear Documentation. Euroclear Bank accepts no liability
arising out of, or resulting from, the failure of one or more Participants to provide any required information
relating to Nationality Declaration or to do so in the required format, including without limitation liability for
the rejection in the local market of an instruction that does not contain information on Nationality Declaration or
the refusal by the registrar to register a transfer due to foreign ownership limitations or any delay in registration.
(c) To comply with requirements applicable to Irish equities subject to Nationality Declaration, including
holding or transfer restrictions, foreign ownership limitations or disposal requirements of foreign holdings.
Euroclear Bank reserves the right to take any action which it considers appropriate to comply with such
requirements, including, without limitation, debiting a Participant's Securities Clearance Account, on a pro rata
basis or otherwise, as Euroclear Bank deems appropriate. Euroclear Bank does not accept any liability for any
losses resulting from taking any such action.
Operating Procedures IR 3
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
IR 4 Operating Procedures
January 19, 2009
Part IV – Domestic Markets Section 24 – Domestic Markets
Israel
1. Holding restrictions (see Section 10.3):
Israeli securities may not be held in the Euroclear System by Participants on behalf of beneficial owners that are
resident for tax purposes in Israel.
Operating Procedures IL 1
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
Japan
1. Use of decimals (see Section 6):
Following market practice, decimal amounts in Japanese Yen are not recognised and are always shown as .00 in
the Euroclear System.
Operating Procedures J1
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
(ii) the necessary tax certification stating that the beneficial owner is exempt from Japanese withholding tax
and, where applicable, the Participant has obtained the necessary approvals as Foreign Indirect Participant or
Qualified Foreign Intermediary, as outlined in the Japan Section of the Euroclear Documentation.
J2 Operating Procedures
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
Korea
1. Holding restriction (see Sections 3.4 and 10.3):
(a) As a consequence of local regulations, Korean securities where the Depositary is the Korea Securities
Depository (KSD) may not be held in Euroclear Bank by Participants that are Korean or tax haven residents for
tax purposes or Korean nationals or by Participants on behalf of beneficial owners who are Korean or tax haven
residents for tax purposes or Korean nationals.
(b) Participants holding Korean securities through Euroclear Bank on behalf of third party beneficial owners
must have obtained Qualified Foreign Intermediary (“QFI”) status from the Korean tax authorities prior to such
holding.
Operating Procedures KO 1
September 14, 2009
Part IV – Domestic Markets Section 24 – Domestic Markets
(g) Each Participant is solely responsible for the accuracy of information in respect of any beneficial owner
which holds Korean securities where the Depositary is KSD through the Participant’s Securities Clearance
Account with Euroclear Bank. Each Participant sending information to Euroclear Bank pursuant to this Section
24, Subsection 2 agrees to indemnify and hold Euroclear Bank harmless for any and all damages, losses or
expenses (including without limitation fines and penalties imposed by the Korean regulatory authorities)
incurred by Euroclear Bank or entities acting for its account as a result of any inaccuracy or misrepresentation in
respect of such information provided to Euroclear Bank.
KO 2 Operating Procedures
December 14, 2009
Part IV – Domestic Markets Section 24 – Domestic Markets
Operating Procedures KO 3
December 14, 2009
Part IV – Domestic Markets Section 24 – Domestic Markets
LSE/IOB
This section sets out the specific rules that apply to the service offered by Euroclear Bank on central
counterparty (“CCP”) eligible London Stock Exchange/International Order Book (“LSE/IOB”) transactions. It
must be read in conjunction with all other parts of the Operating Procedures. Unless otherwise expressly
provided in this section, all other parts of the Operating Procedures shall apply to CCP eligible LSE/IOB
transactions. In the case of an inconsistency between the provisions of this section and other provisions of the
Operating Procedures, the provisions of this section shall prevail.
(b) In the cases described under (a) Euroclear Bank is hereby authorised by Participants to cancel the initial
instruction for the settlement of the CCP eligible LSE/IOB transactions and to replace it by two new
instructions. Euroclear Bank is hereby authorised to take all other steps as it may deem necessary or useful in
order to correctly reflect the partial settlement in the Cash Account or the Securities Clearance Account of the
instructing Participant.
(c) Participants understand that securities will be blocked for the purpose of executing partial settlement and will
remain unavailable for execution of other instructions except for those instructions generated by Euroclear Bank
in accordance with the previous paragraph.
(d) The two new instructions generated by Euroclear Bank as described under (b) have the same priority level as
other standard instructions. Consequently, partial settlement might fail in case an instruction generated by LCH
or the Participant takes up available securities upon unblocking of those securities for execution of the other
instructions generated by Euroclear Bank in connection with partial settlements. Participants are advised not to
communicate instructions in the same securities around the time of processing of partial settlement. Euroclear
Bank accepts no liability for failure of partial settlements as a result thereof.
(e) Partial settlement of CCP eligible LSE/IOB transactions will be done automatically and is mandatory.
(f) Euroclear Bank will not partially execute LSE/IOB transactions in Eligible Securities if insufficient cash is
available to settle the transaction.
(g) Euroclear Bank accepts no liability for any direct or indirect consequence of the partial settlement of an
instruction or the failure thereof.
6. Market Claims
Market claims on LSE/IOB transactions will be detected and processed by LCH. LCH will generate cash and
securities transaction instructions corresponding to those market claims and they will not be netted in the cash
and securities transaction instructions.
Malaysia
1. Blocking (see Section 9):
(a) Provisionally credited MYR securities (which for the purposes of this Domestic Markets Section means
physical registered securities corporate bonds, warrants and certain equities (“MYR securities”)) sent to the
registrar for registration are blocked in the Securities Clearance Account to which they are credited.
(b) Any security thus blocked:
(i) is treated as unavailable for the settlement of transactions;
(ii) unless re-registered prior to any relevant record date, is not treated as credited to the Securities Clearance
Account in respect of processing of income payable or the processing of entitlements.
(h) In order to deliver a quantity of MYR securities outside the Euroclear System which is more than the
quantity the Participant holds in the name of the previous registered holder, a Participant must:
(i) have sufficient additional securities (i.e. to make up the full quantity required to meet the external
delivery instruction) registered in the nominee name used for such securities held in the Euroclear System
standing to the credit of its Securities Clearance Account;
(ii) make the additional quantity of securities set out in (i) above available for delivery in the name of the
previous registered holder by sending the appropriate instruction (as set out in the Malaysia Section of the
Euroclear Documentation under the heading “Delivery exceeding holding in name of previous registered
holder”) to Euroclear Bank at least one Business Day before the securities are to be debited to the Securities
Clearance Account.
Malta
1. Holding restrictions (see Section 10.3):
Participants may not hold Maltese Fund Shares (whether in a Securities Clearance Account or recorded in a
Non-Deposit Account) in circumstances where the registered owner or the beneficial owner of the Maltese Fund
Shares is:
(i) a person resident in Malta; or
(ii) a non-resident person who is owned and controlled by, directly or indirectly, or who acts on behalf of, an
individual who is ordinarily resident and domiciled in Malta.
Operating Procedures MT 1
August 16, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
Mexico
1. Holding restrictions (see Section 10.3):
(a) As a consequence of local market regulations, Mexican equities which may only be held by Mexican
residents are not eligible for deposit in the Euroclear System.
(b) According to local market rules, including applicable Bank of Mexico circulars, Mexican Pesos may be held
by non-residents of Mexico only in investment accounts and can be used only for investments in securities in
Mexico or for related foreign exchange transactions. The MXN account in the name of Euroclear Bank for the
Euroclear System with the Cash Correspondent is a non-resident account. Participants are solely responsible for
abiding by these rules with respect to their Cash Accounts and by any other applicable restrictions on the
holding of cash in the Euroclear System. Euroclear Bank reserves the right not to credit MXN to a Participant’s
Cash Account if the receipt of such funds has not been preadvised by the Participant to Euroclear Bank and to
return the funds to the depositing bank if such receipt has not been so preadvised.
The Netherlands
1. Settlement – Application of local market rules (see Sections 13 and 15):
(a) As a condition for Euroclear Bank to provide settlement for SE Transactions under the conditions described
in the Euronext Stock Exchange Settlement service provision, Participants have to:
(i) be a member or a recognised settlement agent by Banque Centrale de Compensation (“LCH Clearnet
SA”);
(ii) grant a power of attorney to LCH Clearnet in a form required by Euroclear Bank to permit it to
communicate instructions for SE Transactions.
(b) Participants acknowledge they are bound by the rules of LCH Clearnet with the consequences resulting
therefrom. Euroclear Bank will not be liable in relation to the granting of the power of attorney by a Participant
to LCH Clearnet for operating the Participant’s account. The Participants acknowledge and agree that Euroclear
Bank does not guarantee in any way the settlement of SE Transactions and that execution of any instruction
related to SE Transaction will continue to be subject to the settlement conditions set out in the Operating
Procedures as complemented in this section.
(c) The Participant acknowledges and agrees that default of execution of any instruction related SE Transaction
may trigger actions, penalties and sanctions imposed by LCH Clearnet (including the suspension from trading,
the buy-in of securities and the exclusion from LCH Clearnet) and that Euroclear Bank will not be liable for
such actions, penalties and sanctions. Consequently, Participants agree to indemnify and hold harmless
Euroclear Bank from any liability or damage, if any, incurred in connection to the said application of LCH
Clearnet rules.
(d) Participants are advised that settlement of SE Transactions might be delayed as a result of realignments
between Euroclear Bank and Euroclear Nederland in the local market which are processed manually. Euroclear
Bank disclaims all liability for delays and resulting penalties that may be imposed by LCH Clearnet.
2. Settlement (see Sections 6.4, 6.6, 9.2, 15.7, 15.9) - Partial settlement:
(a) Euroclear Bank may partially execute Instructions up to the amount of securities available in Participants’
Securities Clearance Account in case Participants have insufficient securities in their Securities Clearance
Account to settle the full amount of securities needed for a transaction, as described in the Euroclear
Documentation.
(b) With regard to SE Transaction, partial settlement is automatically applied by LCH Clearnet and is mandatory.
Each Participant hereby authorises Euroclear Bank to cancel its original instruction and replace it by one or
more new instructions and to take all other steps that Euroclear Bank may consider necessary or useful in order
to correctly reflect the partial settlement in Participant’s Securities Clearance Accounts and related Cash
Accounts. Euroclear Bank will not partially execute instructions at the request of a Participant unless such
Participant has subscribed to the auto-partial service as set forth in paragraph (c) hereunder.
(c) Euroclear Bank offers the possibility for each Participant to subscribe to the auto-partial service, as set forth
in the Euroclear Documentation, in order to facilitate settlement process between Participants’ Securities
Clearance Accounts.
(d) Participants understand that securities will be blocked for the purpose of executing partial settlement and
will remain unavailable for execution of other instructions input by Participants except for those instructions
generated by Euroclear Bank in accordance with the above paragraphs (b) and (c).
(e) Participants understand that the new instructions generated by Euroclear Bank have the same priority level as
other instructions generated by Participants. Consequently, partial settlement might fail in case instructions
generated by LCH Clearnet or Participants take up available securities upon unblocking of those securities for
execution of the new instructions generated by Euroclear Bank in connection with partial settlement.
Participants are advised not to generate instructions for the same securities around the time of processing of
partial settlement. Euroclear Bank accepts no liability for failure of partial settlements as a result thereof. If,
further to Euroclear Bank’s cancellation of the original instruction generated by a Participant, the latter wants to
cancel or amend its original instruction and replace it by one or more other instructions, it needs to instruct on
the new instructions generated by Euroclear Bank as Participant’s original instruction has been cancelled by
Euroclear Bank in the meantime.
Operating Procedures NL 1
October 13, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
(f) Euroclear Bank accepts no liability for any direct or indirect consequences of the partial settlement of an
instruction or the failure thereof.
NL 2 Operating Procedures
September 15, 2008
Part IV - Domestic Markets Section 24 - Domestic Markets
1HZ=HDODQG
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As a consequence of local regulations, New Zealand domestic bonds may not be held in the Euroclear System on
behalf of beneficial owners that are resident for tax purposes in New Zealand. Interest will be received, and
credited to Participants’ Cash Accounts, net of withholding tax applicable to income of non-residents.
Operating Procedures NZ 1
October 20, 2003
Part IV – Domestic Markets Section 24 – Domestic Markets
Norway
1. Voting rights (see Section 20.8):
(a) Norwegian equities carry voting rights only if they are registered in the name of the beneficial owner on the
record date for voting.
(b) For Norwegian equities, Euroclear Bank may establish a memorandum account (which may be called
“Expected Return of Securities Account”) where it is noted that securities temporarily delivered out of the
Euroclear System for voting purposes are expected to be redeposited in the System.
(c) Upon receipt by Euroclear Bank from the Participant of a Custody Operation instruction requesting
Euroclear Bank to have the securities to be voted registered in the name of the beneficial owner; and a power of
attorney in the form provided by Euroclear Bank at the same time as the meeting agenda or on request (by mail,
or by facsimile transmission confirmed by the original document by mail) duly signed by the beneficial owner
and authenticated by the Participant authorising:
(i) the opening of an account on behalf of and in the name of the beneficial owner with the Specialised
Depositary or such other custodian as Euroclear Bank may designate;
(ii) the transfer of the securities to such account;
(iii) the custodian activities by Euroclear Bank, the re-registration in the appropriate nominee name for the
Euroclear System; and
(iv) the transfer of the securities from such account to an account for the Euroclear System and their recredit
to the Securities Clearance Account in which they were held immediately prior to their transfer; and
(v) a proxy form in the form, provided by Euroclear Bank at the same time as the meeting agenda or on
request duly signed by the beneficial owner, with ownership authenticated by the Participant, no later than
the latest time for the receipt of such an instruction indicated in the DACE notice informing the Participant
of the meeting at which the security is to be voted;
Euroclear Bank enters an instruction to deliver the securities out of the Euroclear System (and makes
arrangements for the securities to be credited to the account in the name of the beneficial owner referred to
above), subject to the satisfaction of the Settlement Conditions. Euroclear Bank debits the securities to the
Participant’s Securities Clearance Account, and subject to such debit makes arrangements for the issuer to
register the securities in the name of the beneficial owner on the Business Day next succeeding the date of the
debit, and notes the securities in the relevant memorandum account.
(d) As soon as possible after registration in the beneficial owner’s name ceases to be necessary, Euroclear Bank
will make arrangements for the securities (and any Non-cash Distribution) to be reregistered in the name of the
appropriate nominee name for the Euroclear System and to be credited to the Participant’s Securities Clearance
Account.
Operating Procedures N1
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
Participants must provide such information to Euroclear Bank if requested to do so and within the deadline set
forth by Euroclear Bank. Should Participants not comply with this request, (i) securities may be blocked or
removed from the Euroclear System; (ii) Participants may no longer be allowed to hold any Norwegian
securities in the Euroclear System; and (iii) Participants may be held responsible for any damage incurred to
Euroclear Bank or other Participants due to their non-compliance to such disclosure request.
(d) Participants understand that the above disclosure requirements apply (i) to all securities issued by Norwegian
issuers and in general to all financial instruments registered in the Norwegian clearance system (VPS), even if
those instruments may be issued by non-Norwegian companies and (ii) to all Participants, including Participants
that are subject to banking secrecy obligations.
(e) Participants understand that undisclosed positions may be blocked by the Norwegian authorities in the
Norwegian clearance system (VPS) and, upon decision from the Norwegian authorities, Participants may not
receive entitlements on blocked securities and may not be allowed to exercise the rights attached to such
blocked securities (including dividends, voting rights, etc.) as long as Participants have not made appropriate
disclosures to Euroclear Bank as requested pursuant to Norwegian legal and regulatory requirements.
3. Holding restrictions:
Norwegian equities may not be held in the Euroclear System by Norwegian residents.
N2 Operating Procedures
September 15, 2008
Part IV - Domestic Markets Section 24 - Domestic Markets
The Philippines
(b) There is no provision in the Philippines for the return of securities previously settled through ROSS if the
cash settlement fails. The responsibility remains with the seller to demand return of the securities from the
defaulting purchaser and Euroclear Bank accepts no liability in this respect.
Operating Procedures PH 1
January 15, 2007
Part IV – Domestic Markets Section 24 – Domestic Markets
Portugal
1. Compliance with local law and Authorised disclosure (see Sections 3.4 and 10.3):
To comply with the requirements of Portuguese law and Portuguese regulatory authorities, each Participant
authorises Euroclear Bank to disclose the Participant’s name, location and the amount of securities of any issue
of Portuguese equity securities standing to the credit of, or recorded in its Securities Clearance Account or other
account in its name, to the Portuguese regulatory authority that has requested such information from Euroclear
Bank.
In addition, with respect to equity securities issued by Portuguese insurance companies, Participants may be
requested by the relevant regulatory authority or the insurance company itself to disclose the name of the
beneficial owner of such securities standing to the credit of, or recorded in the Securities Clearance Account or
other account in the name of the Participant and, if such disclosure is not timely made, Euroclear Bank may
require such Participant to withdraw its position in such insurance company equity from the Euroclear System.
Operating Procedures P1
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
(c) Upon receipt by Euroclear Bank of a Custody Operation instruction from the Participant requesting
Euroclear Bank to have the securities to be voted registered in the name of the beneficial owner in the books of
the Depositary and authorising:
(i) the opening of an account on behalf of and in the name of the beneficial owner with the Specialised
Depositary or such other custodian as Euroclear Bank may designate;
(ii) the transfer of the securities to such account;
Euroclear Bank enters an instruction to deliver the securities out of the Euroclear System (and makes
arrangements for the securities to be credited to the account in the name of the beneficial owner referred to
above), subject to the satisfaction of the Settlement Conditions. Euroclear Bank debits the securities to the
Participant’s Securities Clearance Account and subject to such debit makes arrangements for the Depositary to
move the securities in a sub-account bearing the name of the beneficial owner on the Business Day next
succeeding the date of the debit, and notes the securities in the associated memorandum account.
(d) In the books of the Depositary the securities transferred for voting purposes will still form part of Euroclear
Bank's omnibus holding but temporarily registered in the name of the beneficial owner. Participants are advised
that the Depositary will consequently perform a disclosure of the beneficial owner details to Interbolsa which
will communicate them to the issuer.
The securities will be blocked in the Securities Clearance Account while registered in the name of the beneficial
owner and will not be:
(i) available for the settlement of transactions;
(ii) available for lending in the Securities Lending and Borrowing Program. Euroclear Bank reserves the
right not to include such securities in any calculation of collateral value.
(f) As soon as possible after registration in the beneficial owner’s name in the books of the Depositary ceases to
be necessary, Euroclear Bank will make arrangements for the securities (and any Non-cash Distribution) to be
reregistered in the appropriate name for the Euroclear System in the books of the Depositary and to be credited
to the Participant’s Securities Clearance Account.
(g) Participants must send copy of the power of attorney or proxy letter granted by the beneficial owner for
voting purposes directly to the Specialised Depositary.
(h) Using the Euroclear voting services in Portugal requires an explicit order from the beneficial owner.
Participants shall advice beneficial owners that precise voting instructions have to be provided by them and that
no discretionary powers should be granted to any person in that respect.
P2 Operating Procedures
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
Romania
1. Holding restrictions (see Section 10.3):
Romanian government debt securities may not be held in the Euroclear System by Participants on behalf of
beneficial owners that are individuals.
Operating Procedures RO 1
July 19, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
Russian Federation
1. Arrested Securities (see Section 10.4):
(a) “Arrested Securities” means securities held in the Euroclear System that at any time cease to be freely
transferable and deliverable in the Russian Federation, pursuant to an order or instruction of a court or other
governmental agency or body of competent jurisdiction in the Russian Federation (the “Arrest Order”).
Securities of the same issue held in the Euroclear System and which have not been the subject of such Arrest
Order shall be defined as “Non-arrested Securities”.
(b) Euroclear Bank may, in accordance with Section 9.2.1.1(g), block partially or totally any Securities
Clearance Account of a Participant holding securities of the issue affected by such Arrest Order.
(c) Arrested Securities shall be allocated a new Common Code per Arrest Order, and be treated in every respect
as non-fungible with Non-arrested Securities.
(d) The amount of securities which are debited from a Securities Clearance Account in accordance with Section
15(b) of the Terms and Conditions as a result of such Arrest Order, shall be credited to the holders of such
Securities Clearance Account with the new Common Code for Arrested Securities.
(e) In the event that such application of Section 15 of the Terms and Conditions results in a shortfall of Non-
arrested Securities in a Securities Clearance Account of a Participant, and such shortfall has not been eliminated
in accordance with such Section, Euroclear Bank shall have the right to do one of the following:
(i) to purchase from all other Participants Non-arrested Securities in a sufficient amount to cover such
shortfall, provided that Euroclear Bank determines that it has been unable within a reasonable period of time
to eliminate such shortfall by purchasing Non-arrested Securities in accordance with Section 15(c) of the
Terms and Conditions. All such Participants shall sell an amount of Non-arrested Securities to Euroclear
Bank in proportion to the amount of Non-arrested Securities held by each Participant at the time of such
determination. The consideration to be paid by Euroclear Bank for such purchase shall equal the Market
Value of the Non-arrested Securities on the business day after such determination, as calculated in
accordance with Section 22.1.11 (a) and (b) of the Operating Procedures.
(ii) to eliminate such shortfall by debiting the Securities Clearance Account of all the other Participants
holding Non-arrested Securities, up to an amount equal to such shortfall. Such debiting of each Securities
Clearance Account shall be in proportion to the amount of Non-arrested Securities held by each Participant
at the time that such debiting shall take place. Simultaneously, the Securities Clearance Account of
Participants so debited, shall be credited with Arrested Securities for an amount equal to the amount of the
debited Non-arrested Securities. The Securities Clearance Account of the Participant who was credited with
Arrested Securities in accordance with paragraph (d), shall be debited with Arrested Securities for an amount
equal to the shortfall.
(f) In the event a physical exchange into securities of a smaller denomination is required in order to execute an
instruction for external delivery from a Securities Clearance Account, and such securities become Arrested
Securities, then, for the purpose of the application of Section 15 (b) of the Terms and Conditions, such securities
shall be considered to have been received for credit to such Securities Clearance Account.
Operating Procedures RU 1
June 14, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
Singapore
1. Blocking (see Section 9):
(a) Provisionally credited SGD securities (which for the purposes of this Domestic Market Section means
investment funds (“SGD Securities”)) sent to the registrar for registration, are blocked in the Securities
Clearance Account to which they are credited.
(b) Any security thus blocked:
(i) is treated as unavailable for the settlement of transactions;
(ii) unless reregistered prior to any relevant record date, is not treated as credited to the Securities Clearance
Account in respect of processing of income payable or the processing of entitlements.
Operating Procedures SG 1
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
Slovak Republic
1. Compliance with local law
While any holdings in Slovak securities are registered under the name of Euroclear Nominees Ltd. at the local
Central Securities Depositary and at the Central Bank, it remains the responsibility of the Participants to comply
with any local law or company by-laws requirements on disclosure and reporting, to monitor applicable
restrictions and to seek the necessary consents. The requirements mentioned in this Section may not be
exhaustive or up-to-date and Euroclear Bank accepts no liability in this respect. Participants should consult their
own legal counsel to determine the full extent of their obligations under Slovak law and companies' by-laws.
2. Disclosure requirements
To comply with the requirements of Slovak law and Slovak regulatory authorities, each Participant authorises
Euroclear Bank to disclose the Participant's name, location and the amount of securities of any issue of Slovak
securities standing to the credit of or recorded in its Securities Clearance Account or other account in its name,
to the Slovak authority that has requested such information.
In addition, Participants may be requested to disclose the names of the clients on behalf of whom they may be
holding Slovak securities and to further seek and communicate the names of the beneficial owners of Slovak
securities if Euroclear Bank, the Euroclear Depositary or its local agent are requested to provide this information
to the Slovak authorities for Anti-Money Laundering purposes. Any dubious transaction will not be registered at
the local Central Securities Depositary.
3. Holding restrictions
Participants are advised that under Slovak law there are holding restrictions on certain categories of investors
(i.e. Slovak banks and joint stock companies). It is the responsibility of the Participants to ensure compliance
with the relevant restrictions.
4. Consents
The prior consent of the National Bank of Slovakia (NBS) is required for the acquisition of the shares (or voting
rights) representing 5, 10, 20, 33, 50 or 66% of the registered capital of a bank. It is the obligation of
Participants to ensure that the required consent is issued by the NBS before placing any settlement instructions
in the Euroclear System. Euroclear Bank reserves the right to block any securities for which the prior consent of
the NBS has not been acquired.
5. Reporting obligations
There is a reporting obligation and an obligation for a public bid of an entity which acquires shares representing
more than 33, 50 or 66% of voting rights of a company listed on the Stock Exchange:
(i) The reporting obligation must be fulfilled within 3 days since the crossing of the above thresholds
towards the issuer, the Central Depositary and the Financial Markets Office. Similar reporting obligation
also applies in case of decrease of ownership below the above stated thresholds.
(ii) The price in the case of a mandatory public bid must not be lower than the average price reached on the
stock exchange for the past six months, and 0% of the net equity attributable to one share, pursuant to the
last audited financial statement. The acquirer of shares is not authorized to exercise voting rights of all
shares it owns in the respective company until publishing of the obligatory public bid.
Participants are expected to comply with the reporting requirements as well as with the requirements for an
obligatory public bid.
6. Depositary agreement
Due to a non-disclosure agreement concluded between Euroclear Bank and its Depositary, Euroclear Bank is not
allowed to disclose the contents of the Depositary Agreement which is therefore not included in the Asset
Protection Pack.
Operating Procedures SR 1
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
7. Notification duty
Participants must promptly notify Euroclear Bank of any losses or damages sustained, partly or wholly, due to
the misperformance, whether negligence, wilful misconduct or fraud, of the Depositary and/or its Agent. Failure
to notify Euroclear Bank in good faith immediately upon the Participant's becoming aware of such loss or
damage and to take steps to mitigate such loss or damage, may result in reduced compensation of the loss or
damage.
SR 2 Operating Procedures
September 15, 2008
Part IV - Domestic Markets Section 24 - Domestic Markets
Slovenia
Operating Procedures SL 1
December 10, 2007
Part IV - Domestic Markets Section 24 - Domestic Markets
6RXWK$IULFD
+ROGLQJUHVWULFWLRQVVHH6HFWLRQ
As a consequence of local market regulations including South African Exchange Control Regulations, South
African residents may only hold securities in the Euroclear System with the prior approval of the South African
Reserve Bank.
Operating Procedures ZA 1
January 1, 2001
Part IV – Domestic Markets Section 24 – Domestic Markets
Spain
1. Holding restrictions and disclosure requirements (see Sections 3.4 and 10.3):
(a) As a consequence of local regulations, internationally traded bonds issued by a foreign issuer in the Spanish
domestic market (Matador bonds) may not be held in the Euroclear System on behalf of beneficial owners who,
for tax purposes, are Spanish residents.
(b) As a consequence of local regulation, Spanish Treasury bills (letras del Tesoro) may only be held in the
Euroclear System by Participants which disclose the identity of all beneficial owners of these securities upon
redemption.
If the Participant does not provide third party beneficial owner information for the entirety of its position of
these Spanish Treasury bills in accordance with the specified deadlines, Euroclear Bank will report by default to
its depository, for onward transmission to the Spanish tax authorities its Participant as beneficial owner of the
securities for which no such third party beneficial owner information has been supplied.
(c) To comply with the requirements of Spanish law and Spanish regulatory authorities, each Participant
authorises Euroclear Bank to disclose the Participant’s name, location and the amount of securities of any issue
of Spanish equity securities standing to the credit of, or recorded in its Securities Clearance Account or other
account in its name, to the Spanish regulatory authority that has requested such information from Euroclear
Bank.
Operating Procedures E1
January 19, 2009
Part IV - Domestic Markets Section 24 - Domestic Markets
Sweden
Euroclear Bank instructs the Depositary for the issue to register the securities in the name of the beneficial
owner.
(c) The securities will be blocked in the Securities Clearance Account while registered in the name of the
beneficial owner and will not be:
(i) available for the settlement of transactions;
(ii) available for lending in the Securities Lending and Borrowing Program. Euroclear Bank reserves the
right not to include such securities in any calculation of collateral value.
(d) While registered in the name of the beneficial owner, the securities may not be held on a fungible basis in
the Euroclear System with other securities of the same issue, under Section 4 of Terms and Conditions.
Operating Procedures SW 1
June 18, 2007
Part IV - Domestic Markets Section 24 - Domestic Markets
Part IV – Domestic Markets Section 24 – Domestic Markets
Switzerland
1. Authorised disclosure (see Section 3.4):
(a) To comply with the requirements of issuers of Swiss registered securities, each Participant authorises
Euroclear Bank to disclose the Participant’s name, location and the amount of securities of any such issue
standing to the credit of, or recorded in its Securities Clearance Account or other account in its name, to the
issuer of the securities.
(b) Participants are reminded that Euroclear Bank may be required to confirm certain information to the Swiss
Stock Exchange (“SWX”) concerning certain instructions (cancellation instructions of Participants, unsettled
instructions after the due settlement date) resulting from trading on SWX and instructed by SWX on behalf of
Participants to Euroclear Bank for settlement through the Euroclear System. Participants hereby authorise
Euroclear Bank to disclose all such information, including their name, the SWX and the Euroclear reference,
which SWX may require relating to such cancellation or unsettled instructions.
Operating Procedures CH 1
September 20, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
(c) When insufficient securities are deposited in a Participant’s Securities Clearance Account on the date on
which the securities must be delivered in order to fulfill the requirements of the Corporate Event, Euroclear
Bank has the right, at its sole discretion, to either refuse to provide the service to such Participant or to initiate a
buy-in on the latter’s behalf. Any costs, fees and expenses due to such buy-in will be borne by the Participant.
(d) Participants acknowledge that fines and other penalties may be imposed and that compensation of losses and
damages may be claimed in case Euroclear Bank and/or its Depositary is unable to deliver the instructed amount
of securities in due time. Participants therefore hereby agree to indemnify Euroclear Bank immediately on
demand against any costs, damages, losses or liability suffered by Euroclear Bank or its Depositary in
connection with, or arising out of, an Instruction where a Participant does not have adequate Securities on the
date that the securities should be delivered. Participants should make their own assessment about the impact of
failure to deliver the instructed amount of securities in due time; Euroclear Bank accepts no liability in this
respect.
CH 2 Operating Procedures
September 20, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
Thailand
1. Blocking of securities (see Section 9):
(a) Provisionally credited THB securities (which for the purposes of this Domestic Markets Section means
physical registered securities corporate bonds, warrants and certain equities (“THB Securities”)) sent to the
registrar for registration are blocked in the Securities Clearance Account to which they are credited.
(b) Any security thus blocked:
(i) is treated as unavailable for the settlement of transactions;
(ii) unless re-registered prior to any relevant record date, is not treated as credited to the Securities Clearance
Account in respect of processing of income payable or the processing of entitlements.
Operating Procedures TH 1
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
(h) In order to deliver a quantity of THB Securities outside the Euroclear System which is more than the
quantity the Participant holds in the name of the previous registered holder, a Participant must:
(i) have sufficient additional securities (i.e. make up the full quantity required to meet the external delivery
instruction) registered in the nominee name used for such securities held in the Euroclear System standing to
the credit of its Securities Clearance Account;
(ii) make the additional quantity of securities set out in (I) above available for delivery in the name of the
previous registered holder by sending the appropriate instruction (as set out in the Thailand Section of the
Euroclear Documentation under the heading “Delivery exceeding holding in name of previous registered
holder”) to Euroclear Bank at least one Business Day before the securities are to be debited to the Securities
Clearance Account.
TH 2 Operating Procedures
September 14, 2009
Part IV – Domestic Markets Section 24 – Domestic Markets
United Kingdom
1. Provisional entries to Cash Accounts (see Section 8.2):
Credits to Cash Accounts arising out of (i) receipts of funds in the United Kingdom resulting from deliveries
against payment of U.K. gilts (including stripped gilts), Bulldog Bonds, UK equities, or any securities when the
payment is expressed in USD, held in the CRESTCo System (“CREST”) or (ii) any Custody Distribution
expressed in USD resulting from a Custody Operation affecting securities held at CRESTCo, are provisional
until final receipt of funds at the Cash Correspondent for the account of Euroclear Bank. In particular, without
limiting the foregoing, the CRESTCo settlement bank acting for Euroclear Bank reserves the right to reserve a
transfer of funds where: (i) there is an uninitiated transaction in CRESTCo, or (ii) any settlement bank fails to
meet the liquidity requirements of the Bank of England and such payment is not received as a result of such a
failure. Participants should be aware that such credits may remain provisional notwithstanding Euroclear
reporting which may indicate “funds received and reconciled” for a Custody Cash Distribution or other similar
status.
Operating Procedures GB 1
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
4. External settlement (see Sections 6.4, 6.6, 9.2, 15.7 and 15.9) – Partial settlement:
(a) Participants should be aware that, pursuant to local market rules, CRESTCo Limited (“CRESTCo”) provides
a mechanism which enables counterparty members to split or settle part of a particular transaction without any
action required from the Participant. A transaction which has been split in CRESTCo is known as the “parent”
transaction and the new transactions created are known as the “descendants”. Once a transaction has been split
in the local market, CRESTCo treats each of the descendants as independent transactions which may settle, or
fail to settle, independently. In order to reflect the split in the local market, Euroclear Bank may, as an
exceptional matter, partially execute an external instruction. In order to do so, Participants hereby authorise
Euroclear Bank to cancel the instruction for the parent transaction and replace it by instructions for the
descendants and to take all other steps that it considers necessary or useful in order to correctly reflect the partial
or split settlement in the local market in the Cash Account or the Securities Clearance Account or the related
Transit Account of the instructing Participant.
(b) Securities and cash positioned as a result of the original instruction will remain unavailable for execution of
an instruction (other than those instructions generated by Euroclear Bank in accordance with the previous
paragraph) or operation.
(c) Euroclear Bank will not partially execute an instruction at the request of a Participant.
(d) Euroclear Bank accepts no liability for any direct or indirect consequence of the partial execution of an
instruction, including, without limitation, for failure to settle an instruction regardless whether the instruction
was reported to the Participant as matched and/or split.
6. Stamp duty and stamp duty reserve tax (see Sections 10.3.2, 10.3.3, 20.3.1, 20.3.2):
(a) Euroclear Bank has elected under the terms of section 97A(1) of the Finance Act 1986 that stamp duty and
stamp duty reserve tax shall be chargeable in accordance with section 97A of that Act in respect of transactions
within the Euroclear System involving securities the transfer or the agreement to transfer of which may attract
stamp duty or stamp duty reserve tax.
The election has been made for all such securities the transfer or the agreement to transfer of which may attract
stamp duty or stamp duty reserve tax except for:
(i) securities on which duty at the higher rate was paid under section 96 of the Finance Act 1986 when those
securities were brought into the Euroclear group; and
(ii) securities which are held by Euroclear Bank in another clearing system which has not entered into an
election under section 97A(1) Finance Act 1986.
Securities and rights falling within the scope of the election with the exception of shares in open ended
investment companies and units in unit trusts will be referred to in this section as “relevant securities”.
(b) Euroclear Bank will levy stamp duty or stamp duty reserve tax in respect of every receipt or delivery by a
Participant of relevant securities in the Euroclear System where the Participant has input the appropriate stamp
duty flags in its settlement instruction as set forth in the United Kingdom Section of the Euroclear
Documentation.
A Participant must input the appropriate stamp duty flags in its instruction when it is accountable for stamp duty
or stamp duty reserve tax on the delivery or receipt of the relevant securities. Accountability for the payment of
stamp duty or stamp duty reserve tax must be determined in accordance with the Stamp Duty Reserve Tax
Regulations 1986.
GB 2 Operating Procedures
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
(c) Stamp duty or stamp duty reserve tax will be levied at the standard rate by debiting the Participant’s Cash
Account with the appropriate amount, unless an exemption from stamp duty or stamp duty reserve tax is
claimed on the basis that:
(i) there has been no transfer of beneficial ownership; or
(ii) the transaction is a new issue; or
(iii) the transaction constitutes a corporate action which is exempt from stamp duty or stamp duty reserve
tax; or
(iv) stamp duty or stamp duty reserve tax has been paid on a linked instruction.
When claiming an exemption from stamp duty or stamp duty reserve tax, the Participant must input the
appropriate stamp status flag in the instruction as set forth in the United Kingdom Section of the Euroclear
Documentation under the headings “Specific Instruction Requirements” and “Stamp duty”, except in the case of
transactions which constitute corporate actions. Euroclear Bank will account for stamp duty or stamp duty
reserve tax in respect of transactions which constitute corporate actions with respect to relevant securities and
other chargeable securities if it considers in its sole discretion that this would be required according to
information collected by it from sources believed by Euroclear Bank to be reliable.
d) Euroclear Bank will in principle not levy stamp duty reserve tax on transactions in UK non-sterling bearer
equities that may be exempt from the principal charge of stamp duty reserve tax under Sections 90 (3C) and
(3D) of the Finance Act 1986, unless Euroclear Bank is informed by Participants that they are acquiring these
securities in contemplation of, or as part of an arrangement for, a take over of the body corporate which issued
these securities.
Participants that hold such UK non-sterling bearer equities in Euroclear Bank are obliged to:
(i) notify Euroclear Bank immediately in writing whenever they are receiving securities in contemplation of,
or as part of an arrangement for, a take over of the body corporate which issued them as from which moment
Euroclear Bank will start collecting stamp duty reserve tax on these transactions
(ii) provide upon request of Euroclear Bank or the Inland Revenue a written certification that the transfer
was not in contemplation of, or as part of an arrangement for, a take over of the body corporate which issued
such equity.
Euroclear Bank will with respect to transactions in such UK non-sterling bearer equities send a monthly report
to the Inland Revenue reporting the transactions that took place in these securities and stating the name and the
positions of Participants in such securities.
(e) Participants that are, or that act as settlement agent for, a recognised intermediary on the London Stock
Exchange may claim the intermediary relief provided the transaction complies with all the conditions set out in
section 80A and 88A of the UK Finance Act 1986. When claiming the intermediary relief, the Participant must
input the appropriate stamp status flag in the instruction as set forth in the United Kingdom section of the
Euroclear Documentation. Participants hereby authorise Euroclear Bank to amend the agent indicator flag of
their internal and external receipt instructions if Euroclear Bank has reasons to believe, as determined by it in its
sole discretion, that the transaction does not qualify for the intermediary relief.
(f) Participants that are, or of which the counterparty to the stock loan transaction is, a member of the London
Stock Exchange may claim the stock loan relief provided the transaction complies with all the conditions set out
in section 89AA of the UK Finance Act 1986. When claiming the relief, the Participant must instruct as set
forth in the United Kingdom section of the Euroclear Documentation. Euroclear Bank will reject instructions
for which the trade system of origin field is completed by Participants that are not recognised members of the
London Stock Exchange. In case the stock loan transaction does not comply with any of the conditions set out
in Section 89AA of the UK Finance Act 1986 or the Participant has not instructed Euroclear in accordance with
the specifics set out in the United Kingdom section of Euroclear Documentation, stamp duty or stamp duty
reserve tax may be applied on both legs of the stock loan transaction.
(g) Stamp duty or stamp duty reserve tax, when due, will be applied on the consideration input by the Participant
in the relevant settlement instruction field.
(h) Participants are solely responsible for assuring that the stamp duty or stamp duty reserve tax is discharged by
the counterparty to whom or from whom the relevant securities are transferred for transactions for which they
have not input the appropriate stamp status flag in their instruction and for which Euroclear Bank has not levied
any stamp duty or stamp duty reserve tax.
Operating Procedures GB 3
April 20, 2009
Part IV – Domestic Markets Section 24 – Domestic Markets
(i) In relation to the relevant securities held in the Euroclear System, Participants shall not:
(i) provide clearance services,
(ii) operate a depositary receipt scheme, or
(iii) act as a nominee thereof, and
Participants shall secure a similar undertaking from their underlying clients and require such clients to pass on to
underlying holders the same undertaking.
Participants may opt out of this contractual obligation through the indication of the appropriate stamp status
flags in their settlement receipt instruction as set forth in the United Kingdom Section of the Euroclear
Documentation, in which case duty at the higher rate will be applied by Euroclear Bank. Euroclear Bank may
furthermore apply duty at the higher rate in cases where Euroclear Bank is informed or has reasons to believe
that the Participant or the underlying client has not complied with the above contractual obligation.
(j) In relation to the relevant securities held in the Euroclear System, Participants must undertake that the
securities may not be transferred without giving rise to a debit or credit of the relevant Participant’s Securities
Clearance Account, unless Participants notify Euroclear Bank by sending an instruction for stamp duty purposes
as set forth in the United Kingdom Section of the Euroclear Documentation, in which case duty at the applicable
rate will be applied by Euroclear Bank on such transfer. Participants must secure a similar undertaking from
their underlying clients and require such clients to pass on the same undertaking to underlying holders, if any.
(k) For a period of six years starting from the settlement date of the transaction, Participants are required, upon
request by Euroclear Bank or by the relevant tax authorities, to provide adequate proof of any exemption or
relief from stamp duty or stamp duty reserve tax claimed and all such information regarding transactions in
relevant securities and other chargeable securities as may be reasonably required by Euroclear Bank or by the
relevant tax authorities. Participants shall transmit all such information within the deadlines set by Euroclear
Bank.
(l) Participants are required to provide information and access to records as provided under the Stamp Duty and
Stamp Duty Reserve Tax Regulations. Participants holding relevant securities and other chargeable securities in
the Euroclear System are deemed to have authorised Euroclear Bank to disclose to the local authorities
(including the tax authorities) or any other appropriate person all information or documentation required by
them and to have waived confidentiality for the tax authorities and Euroclear Bank in respect of its dealings in
relevant securities and other chargeable securities held in the Euroclear System.
(m) Participants holding shares in open ended investment companies and units in unit trusts are deemed to have
authorised Euroclear Bank to disclose to the local authorities (including the tax authorities) or to any appropriate
person (including transfer agents, authorised corporate directors of open ended investment companies and
authorised managers of unit trusts) all information or documentation required by them and to have waived
confidentiality for tax authorities, appropriate persons and Euroclear Bank in respect of its dealings in shares in
open ended investment companies and units in unit trusts in the Euroclear System.
(n) Participants shall indemnify and hold harmless Euroclear Bank for any taxes, duties, claims, interest, fines,
penalties or damages imposed by the relevant authorities whether or not such demands are correct or disputed
and costs associated therewith in respect of their holdings of, or transactions in relevant securities and other
chargeable securities held in the Euroclear System. Euroclear Bank is hereby authorised to debit the Cash
Accounts of such Participants for the amount of any such taxes, duties, claims, interest, fines, penalties or
damages and costs associated therewith.
(o) Euroclear Bank shall have the right to override the stamp status flags and to modify information included in
other fields in a Participant’s instruction which are relevant to the levy of stamp duty or stamp duty reserve tax
under this Section 24/United Kingdom, if it has reasons to believe, as determined by it in its sole discretion, that
such flags are incorrect or that such fields are wrongly completed.
(p) Participants that wish to obtain a reimbursement of stamp duty or stamp duty reserve tax that has been paid
to the HMRC by Euroclear Bank must file their refund claims through Euroclear Bank.
7. Internal and external settlement (see Sections 13 and 15) – Issues of subscription
rights (see Section 20.4):
(a) Euroclear Bank will not accept internal and external settlement instructions with regard to subscription rights
in physical form issued in relation to UK equities held in CRESTCo in the 0.5% SDRT account of Euroclear
Bank.
GB 4 Operating Procedures
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
Euroclear Bank will not accept external instructions with regard to subscription rights in physical form issued in
relation to UK equities held in CRESTCo in the 1.5% SDRT account of Euroclear Bank.
Operating Procedures GB 5
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
(g) Participants who have registered for the SLO Service hereby confirm and acknowledge that Euroclear Bank
shall be entitled to use the power of attorney granted to it by such Participant as follows:
(i) to create SLR Transaction instructions on that Participant’s account where such an instruction has been
generated by CRESTCo as a result of an SLO Transaction entered into by that Participant;
(ii) in cases where a margin is applied to an SLO Transaction, to create a separate movement of cash in that
Participant’s Cash Account upon settlement of the SLO Transaction to reflect the initial margin amount;
(iii) in cases where the SLO Transaction is subject to a revaluation, to create a separate movement of cash in
that Participant’s Cash Account upon each revaluation by CRESTCo, to reflect the amount generated on the
CRESTCo revaluation;
(iv) to generate a separate movement of cash in that Participant’s Cash Account upon settlement of the SLR
Transaction to reverse the accumulated revaluation and the initial margin.
(h) Each Participant agrees that it will be bound by all instructions executed by Euroclear Bank on its behalf
pursuant to such power of attorney.
(i) Participants acknowledge that any instruction created by Euroclear on its behalf in accordance with the SLO
Service shall be irrevocable except to the extent (if any) that the instruction may be revoked or amended by
Euroclear Bank in accordance with the Operating Procedures and the rules of CRESTCo in relation to SLO
Transactions.
(j) Participants who have registered for the SLO Service hereby authorise Euroclear Bank, without any further
instruction, to debit or credit their Cash Accounts as appropriate, in order to properly give effect to the SLO
Service or with the amount of any fee, costs or expenses associated with the SLO Service or with any penalty
fee imposed by CRESTCo in relation to the SLO Service.
(k) Without prejudice to Section 9.2, Euroclear Bank shall be permitted to block securities (or rights in
securities) standing to the credit of a Participant’s Securities Clearance Account if Euroclear Bank determines
that such blocking is necessary to enforce any right or exercise any obligation it has in relation to the SLO
Service.
(l) SLO Transactions and SLR Transactions will be treated for stamp duty in accordance with Section 6 above
and all other relevant sections of these Operating Procedures.
GB 6 Operating Procedures
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
(e) SETS Transactions may be settled on a partial basis as indicated in 4. above - however partial settlement will
only be effected in case LCH Clearnet is delivering securities to Participants.
(f) Instructions may take the form of delivery with payment or receipt with payment. These instructions will be
handled by Euroclear Bank as two instructions - Free of payment securities instructions and a cash transfer.
(g) LCH.Clearnet does not allow for any tolerance on the cash leg of settlement instructions. Participants that
wish to send matching settlement instructions must therefore ensure the cash amount corresponds to the value as
calculated by LCH.Clearnet. Euroclear Bank will apply matching tolerance as for other settlement instructions
and is entitled to recover any loss from the Participants for the differences accumulated over the previous
calendar month by debiting the Related Cash Account of the Participants.
(h) In case LCH Clearnet or the LSE required Euroclear Bank to block a transaction for any reason, Participant
authorise Euroclear Bank to cancel the instruction. Euroclear Bank will not accept any liability as a result
thereof.
Operating Procedures GB 7
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
Depending on the content of the ACON, the Participant may need to amend existing Corporate Event
instructions to Euroclear Bank to (i) cancel the existing instructions if needed, and (ii) replace these with new
Corporate Event instructions to act in accordance with the instructions given by the transferee by means of an
ACON. Euroclear Bank accepts no liability for any direct or indirect consequences arising from the failure of a
Participant to cancel and replace its Corporate Event instruction as required by the ACON.
12.4 Deadlines
(a) Euroclear Bank will inform Participants against whom an ACON has been alleged by means of an
instruction sent via EUCLID and/or SWIFT within an hour of receipt from CRESTCo. Participants receiving
ACONs must react immediately, and changes, if any, to Corporate Event instructions for the related Corporate
Event must be received within one hour of receipt of the ACON, or, if the Euroclear Bank instruction deadline
on the related Corporate Event notification is later, by the deadline as notified by Euroclear Bank in the relevant
DACE notice. Processing of instructions received after the afore-mentioned deadlines will be processed solely
on a reasonable efforts basis, and Euroclear Bank accepts no liability if these instructions are not processed.
(b) Participants who wish to trigger the ACON process on a pending trade must send a non-settling instruction
to Euroclear Bank by 09:00 on the trade date +1. Processing of instructions received after the afore-mentioned
deadline will be processed solely on a reasonable efforts basis, and Euroclear Bank accepts no liability if these
instructions are not processed.
GB 8 Operating Procedures
September 15, 2008
Part IV – Domestic Markets Section 24 – Domestic Markets
U.S.A.
1. Provisional entries (see Section 8.3):
Euroclear Bank debits the Securities Clearance Accounts and credits the Cash Accounts of Participants for
deliveries of securities to DTC counterparties after confirmation by the Depositary of delivery in the local
market, but possibly before delivery is final in accordance with local market rules (e.g. DTC reclamation
procedures). As a result, debits to Securities Clearance Account and credits to Cash Accounts arising out of
such receipt of funds are provisional until finality in the local market and final receipt of funds for the account
of Euroclear Bank, respectively.
5. Blocking of onward deliveries of newly issued MMI securities during the Real-Time
Processing (see Section 15):
Participants should be aware that in accordance with Depository Trust Company (DTC) Rule 9(c) receipts of
newly-issued money market instrument (MMI) securities are provisional and may be cancelled or deemed null
and void by DTC on the day of issuance upon the insolvency of the issuer. Accordingly, Euroclear Bank will
block newly-issued MMI securities received in the Real-Time Processing from DTC, through Euroclear Bank’s
Depositary for the U.S. market, in Participants’ Securities Clearance Accounts until such transfers are final in
the local market.
Operating Procedures US 1
January 18, 2010
Part IV – Domestic Markets Section 24 – Domestic Markets
US 2 Operating Procedures
June 14, 2010
Part V - Miscellaneous
Part V - Miscellaneous
Table of contents
Operating Procedures
August 16, 2010
Part V - Miscellaneous Section 25 – Bilateral Financing
Table of contents
Operating Procedures
January 15, 2007
Part V - Miscellaneous Section 25 – Bilateral Financing
(b) This Section 25 sets out the specific rules that apply to the Bilateral Financing Instruction service.
It must be read in conjunction with all other Parts of these Operating Procedures. Unless otherwise
provided for in this Section, all other Parts of these Operating Procedures shall apply.
(c) A Bilateral Financing Instruction implies the automatic and simultaneous generation of an
instruction to debit securities from Securities Clearance Account and credit such securities to another
Securities Clearance Account and debit the corresponding cash amount from one Cash Account and
credit it to another Cash Account (“Near Leg Settlement Instructions”). Upon settlement of the Near
Leg Settlement Instruction, Euroclear Bank generates an instruction to further credit the securities to
the Securities Clearance Account having been debited and to debit the securities having been credited
pursuant to the settlement of the Near Leg Instruction and credit and debit the corresponding cash
amount from the related Cash Accounts (“Far Leg Settlement Instruction”).
(d) Upon receipt of the Bilateral Financing Instructions the instructing participant authorises
Euroclear Bank to generate on its behalf the Near Leg Settlement Instruction and the Far Leg
Settlement Instruction of the Bilateral Financing Instruction.
(e) Execution of the Bilateral Financing Instruction and the corresponding Near Leg Settlement
Instruction and Far Leg Settlement Instruction remains subject to all conditions of these Operating
Procedures (including but not limited to Sections 12, 13 and 15) and is by no means guaranteed by
Euroclear Bank. These instructions may be amended (by cancellation and input of a new Bilateral
Financing Instruction) or cancelled by each of the instructing Participants in accordance with
standard rules.
(f) For Far Leg Settlement Instructions consisting of an external instruction to the French market,
securities and/or cash must be positioned in Euroclear Bank before the deadline specified in the
Euroclear Documentation failing which settlement might fail and a penalty will be charged to
Participant in accordance with the French market rules.
(g) For the certain types of Bilateral Financing Instructions, Euroclear Bank will perform the
calculation required as described in Euroclear Documentation to determine or validate the cash
amount to be generated as part of the Far Leg Settlement Instruction.
For Bilateral Financing Instructions with a floating rate, Euroclear Bank will compute the cash
amount of the Far Leg Settlement Instruction (repurchase amount) as follows :
Operating Procedures 1
January 15, 2007
Part V - Miscellaneous Section 25 – Bilateral Financing
RA = repurchase amount i.e. Far Leg cash amount, rounded off to two decimal places
SA = settlement amount i.e. Near Leg cash amount, rounded off to two decimal places
NoD = number of calendar days between Near Leg intended settlement date (included) and
Far Leg intended settlement date (excluded)
(h) Euroclear Bank accepts Bilateral Financing Instructions only in respect of eligible securities (see
Section 4) and for such securities and in the form of internal and/or external instructions as
specifically notified by Euroclear by any means it deems appropriate.
(b) Participants communicate instructions either by using Euroclear Trade Capture and Matching
System (ETCMS) or SWIFT ISO 15022 compliant channel as further described in the Euroclear
Documentation. Participant willing to use ETCMS have to register with Euroclear Bank.
Repurchase data :
(b) Bilateral Financing Instruction may be matched with a cash trade if matching conditions
correspond (“crossmatching”). In this case, the Far Leg Settlement Instruction may remain
unmatched. Euroclear Bank will report unmatched Far Leg Settlement Instruction to instructing
participant. Participants are responsible to monitor such situation and correct it if required.
Euroclear Bank does not accept any responsibility for the consequences thereof.
2 Operating Procedures
January 15, 2007
Part V - Miscellaneous Section 25 – Bilateral Financing
Euroclear Bank will process a market claim in favour of the Seller in case the two following
conditions are met.
(a) In case of Custody Distribution happening between execution of the Near Leg Settlement
Instruction and received before the execution of the Far Leg Settlement Instruction, and
(b) In case the Far Leg Settlement Instruction is pending on the date of entitlement to the Custody
Distribution (“Record date”).
For external settlement, please refer to the relevant sections of the Euroclear Documentation.
Operating Procedures 3
January 15, 2007
Part V – Miscellaneous Section 26 – Central Bank Money Settlement
Table of contents
Operating Procedures
December 19, 2001
Part V – Miscellaneous Section 26 – Central Bank Money Settlement
(b) This Section 26 sets out the specific rules that apply to the central bank money service. It must be read in
conjunction with all other Parts of these operating Procedures. Unless otherwise provided for in this Section,
all other Parts of these Operating Procedures shall apply.
(c) Settlement of a central bank money securities transaction takes place by simultaneous book entries in the
form of debit from one Central Bank Money Securities Account and credit to another Central Bank Money
Securities Account and debit from one Central Bank Money Cash Account and credit to another Central Bank
Money Cash Account.
(d) Euroclear Bank accepts Central Bank Money instructions only in respect of eligible securities (see
Section 4).
(e) Euroclear Bank accepts Central Bank Money Settlement instructions only against payment in EUR.
(f) Participants wishing to use the central bank money settlement service must execute a separate power of
attorney authorising Euroclear Bank to clean the Participant's Central Bank Money Account balances on a
daily basis.
(g) Central Bank Money instructions are only processed on days which are both a Business Day and a
TARGET opening day.
(h) Central Bank Money instructions and Free of Payment Delivery Without Matching instructions for
transfers of securities from the Participant’s Designated Securities Account to its Central Bank Money
Securities Account are eligible for processing as set out in the Euroclear Documentation related to the central
bank money settlement service.
(b) Participants wishing to use the central bank money settlement service must open a standard cash current
account as well as a Central Bank Money Cash Account, both with the BNB. For the avoidance of doubt,, it is
explicitly acknowledged that the amount of cash recorded in the Central Bank Money Cash Account does not
stand at the credit of the Participant’s Cash Account held with Euroclear Bank in its books. The Central Bank
Money Cash Account operated by Euroclear Bank in its system must be regarded as a sub-account of BNB
current account reflecting the Participant’s cash deposit directly held with BNB. As a result, and for the
avoidance of doubt, Euroclear Bank acknowledges that it has no rights with respect to and shall not be able to
exercise any liens, rights of set-off or similar rights on any Central Bank Money Cash Account.
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Operating Procedures 1
January 15, 2007
Part V – Miscellaneous Section 26 – Central Bank Money Settlement
(c) The Central Bank Money Cash Account shall be attributed the same account number as and be technically
linked to the Central Bank Money Securities Account. For the purposes of executing any Central Bank Money
instructions received by Euroclear Bank, the Central Bank Money Cash Account shall be treated as if it were
the Euroclear Cash Account related to the Central Bank Money Securities Account in question.
(d) In its subscription documents for the central bank money settlement service, the Participant must designate
one of its Securities Clearance Accounts, which will serve as entry and exit account for securities being used in
the central bank money settlement service (the "Designated Securities Clearance Account"). The Participant
must also designate a current account with the BNB, or with another EU Central Bank, as the cash account to
and from which funds being used for central bank money settlement may be transferred (the "Designated
Current Account").
(b) For custody events and securities credited to a Central Bank Money Securities Account, please refer to
Section 26.8
(b) It is the responsibility of each Participant to ensure, and each Participant hereby represents and warrants,
that no transfer of securities as foreseen in (a) above, represents a change in the beneficial ownership of the
securities being transferred.
26.4 Central Bank Money transactions and return of securities from the
Central Bank Money Securities Account
2 Operating Procedures
January 15, 2007
Part V – Miscellaneous Section 26 – Central Bank Money Settlement
26.4.1.2 Deadlines
(a) Central Bank Money Settlement instructions and Central Bank Money Free of Payment Delivery Without
Matching instructions must be received by Euroclear Bank by the Input Deadline on the intended settlement
date (i.e., on S) in order to be included in the Real-time Processing dated S.
(b) Any Central Bank Money Settlement instruction or Central Bank Money Free of Payment Delivery Without
Matching instruction received after the applicable deadline will not be accepted for processing and is cancelled
by Euroclear Bank.
26.4.1.3 Validation
a) After authentication of input, Central Bank Money Settlement instructions and Central Bank Money Free of
Payment Delivery Without Matching instructions must be validated before being selected for submission to a
Processing. The validation general rules are as described in Section 6.
(b) Central Bank Money Settlement instructions and Central Bank Money Free of Payment Delivery Without
Matching instructions must be received by Euroclear Bank by the means of communication and in the format
specified in the Euroclear Documentation related to the central bank money settlement service.
(c) If validation is successful, the Central Bank Money Settlement instruction or Central Bank Money Free of
Payment Delivery Without Matching instruction is submitted to further processing.
(d) If validation is unsuccessful, the Central Bank Money Settlement instruction or Central Bank Money Free
of Payment Delivery Without Matching instruction is not accepted for further processing and is cancelled by
Euroclear Bank. The Participant is notified thereof.
(e) Participants may cancel a successfully validated Central Bank Money Settlement instruction or Central
Bank Money Free of Payment Delivery Without Matching instruction as set out in Section 6.6.
26.4.1.4 Matching
(a) With the exception of Free of Payment Delivery Without Matching instructions which do not require
matching, a Central Bank Money receipt instruction must match with a Central Bank Money delivery
instruction, and a Central Bank Money delivery instruction must match with a Central Bank Money receipt
instruction. For Central Bank Money Free of Payment Delivery Without Matching instructions, the Participant
assumes the risk of transferring or delivering securities without matching. Euroclear Bank does not accept any
liability for any direct or indirect consequences of the use of Central Bank Money Free of Payment Delivery
Without Matching instructions by Participants.
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Operating Procedures 3
January 15, 2007
Part V – Miscellaneous Section 26 – Central Bank Money Settlement
(b) The process of matching Central Bank Money Settlement instructions consists of comparing the matching
fields included in an instruction from a Participant with the matching fields in another instruction from a
Participant.
(c) If matching fields are identical, or if any difference is within the tolerances specified below, the instruction
is matched. If a matching field is missing or is present in both instructions but there is a difference which is
greater than any applicable specified tolerance, the instruction is unmatched.
(d) Information derived from the matching process is included in the reports of unexecuted instructions, as
described in the Euroclear Documentation. The reporting of the matched or unmatched status of an
unexecuted instruction reflects a situation which exists at a particular moment and does not indicate that any
other Settlement Conditions in respect thereof are fulfilled or will be fulfilled at any subsequent time.
Trade date
(a) The quantities of securities in the two instructions must be identical. Partial amounts will not be
aggregated for the purposes of matching.
(b) Cash countervalues must be identical, except that if there is a discrepancy between the cash countervalues
of Central Bank Money Settlement instructions not greater than the equivalent in EUR of USD 25.00, as
determined by Euroclear Bank in its sole discretion, the instructions will be deemed to match. The
countervalue indicated by the seller will be used for execution. In the event that several instructions match
except for discrepancies in the cash countervalues, the instruction with the smallest discrepancy at the time of
matching is considered as matched.
4 Operating Procedures
January 15, 2007
Part V – Miscellaneous Section 26 – Central Bank Money Settlement
(b) Central Bank Money Settlement instructions which require matching and which are considered
‘unmatched’ are put into the backlog of unexecuted instructions and recycled until matched or cancelled by the
Participant or Euroclear Bank at the end of the day in accordance with the cancellation rules in Section 26.7.
(b) If the settlement date in the instruction is not a Business Day, the instruction is selected for submission to
the first eligible Processing dated the next Business Day.
26.4.1.6 Positioning
Once a Central Bank Money Settlement instruction or Free of Payment Delivery Without Matching instruction
has been selected for submission to the Real-time Processing, it is sequenced in accordance with the rules set
forth in Section 12, taking into account the Participants' priorities and options. Upon such sequencing, the
Central Bank Money instruction will be positioned in accordance with the rules in this Section 13.4.6.
For a delivery instruction, the Participant to be debited with securities must have sufficient available securities
of the issue standing to the credit of its Central Bank Money Securities Account to meet the instruction. For
the rules on availability of securities, see Section 9.
A Participant to be debited with cash must have sufficient available funds standing to the credit of the Central
Bank Money Cash Account to meet the instruction. For any rules on availability of funds, please refer to the
rules and regulations of the BNB.
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Operating Procedures 5
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Part V – Miscellaneous Section 26 – Central Bank Money Settlement
(b) All Central Bank Money Settlement instructions and Central Bank Money Free of Payment Delivery
Without Matching instructions which, after unsuccessful positioning, remain in the backlog of unexecuted
instructions will continue to be re-attempted as set out in the recycling rules in Section 12.4.2 until cancelled
by the Participant or Euroclear Bank in accordance with the cancellation rules in Section 26.7.
(b) An instruction to cancel a Central Bank Money Settlement instruction or a Central Bank Money Free of
Payment Delivery Without Matching instruction must be received by Euroclear Bank by the means of
communication and in the format specified in the Euroclear Documentation related to the central bank money
settlement service.
(i) for a receipt of securities, a credit to the Central Bank Money Securities Account and a debit to the
related Central Bank Money Cash Account, value same day, and
(ii) for a delivery of securities, a debit to the Central Bank Money Securities Account and a credit to
the related Central Bank Money Cash Account, value same day.
(b) As a result of the successful execution of a Central Bank Money Free of Payment Delivery Without
Matching instruction, a debit is made to the Central Bank Money Securities Account and a credit is made to
the Designated Securities Clearance Account.
(c) The debits and credits to the Central Bank Money Cash Account are made by Euroclear Bank in the name
and on behalf of the BNB.
(d) Section 8 sets forth the circumstances in which credits and debits may be reversed by Euroclear Bank.
6 Operating Procedures
January 15, 2007
Part V – Miscellaneous Section 26 – Central Bank Money Settlement
26.4.6 Settlement
Settlement of a Central Bank Money transaction occurs at the moment of successful execution and the
simultaneous generation of records.
26.4.7 Finality
The settlement of a Central Bank Money transaction is final upon execution and generation of records.
Therefore, the simultaneous transfer of securities and transfer of cash (if against payment) are final at such
time.
(b) It is the responsibility of each Participant to ensure, and each Participant hereby represents and warrants,
that no transfer of securities as foreseen in (a) above, represents a change in the beneficial ownership of the
securities being transferred.
(c) Following the Input Deadline on S for Free of Payment Delivery Without Matching instructions to reserve
securities for the central bank money settlement service, and no later than at the end of the Real-time
Processing dated S, Euroclear Bank will, on behalf of the Participant, debit any securities standing to the credit
of a Central Bank Money Securities Account and transfer them to the Designated Securities Clearance
Account.
(b) Following the Input Deadline on S for Free of Payment Delivery Without Matching instructions to reserve
securities for the central bank money settlement service, and no later than at the end of the Real-time
Processing dated S, Euroclear Bank will, on behalf of the Participant, debit any cash standing to the credit of a
Central Bank Money Cash Account and initiate a transfer of the funds to the Designated Current Account.
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Operating Procedures 7
December 19, 2001
Part V – Miscellaneous Section 26 – Central Bank Money Settlement
26.6.1.2 Deadlines
(a) Central Bank Money Funds Transfer instructions must be received by Euroclear Bank by the Input
Deadline on the value date indicated in the instruction in order to be included in the Real-time Processing
dated S.
(b) Any Central Bank Money Funds Transfer instruction received after the applicable deadline will not be
accepted and is cancelled by Euroclear Bank.
26.6.1.3 Validation
(a) After authentication of input, Central Bank Money Funds Transfer instructions must be validated before
further processing. The validation general rules are as described in Section 6.
(b) Central Bank Money Funds Transfer instructions must be received by Euroclear Bank by the means of
communication and in the format specified in the Euroclear Documentation related to the central bank money
settlement service.
(c) If validation is successful, the Central Bank Funds Transfer instruction is accepted for further processing.
(d) If validation is unsuccessful, the Central Bank Funds Transfer instruction is not accepted for further
processing and automatically cancelled by Euroclear Bank. The Participant is notified thereof.
26.6.1.5 Positioning
Once a Central Bank Money Funds Transfer instruction has been selected for Real-time Processing, it is
sequenced in accordance with the rules set forth in Section 12. Upon such sequencing, the Central Bank
Money Funds Transfer instructions will be positioned in accordance with the rules in this Section 26.6.1.5.1.
8 Operating Procedures
January 15, 2007
Part V – Miscellaneous Section 26 – Central Bank Money Settlement
(b) All Central Bank Money Funds Transfer instructions which, after unsuccessful positioning, remain in the
backlog of unexecuted instructions continue to be re-attempted as set out in Section 12.4.2 until cancelled by
the Participant or Euroclear Bank in accordance with the cancellation rules set out in Section 26.6.4
(b) An instruction to cancel a Central Bank Money Fund Transfer instruction must be received by Euroclear
Bank by the means of communication and in the format specified in the Euroclear Documentation related to
the central bank money settlement service.
(b) Section 8 sets forth the circumstances in which such debits may be reversed by Euroclear Bank.
(b) The official statement for each Central Bank Money Cash Account is provided by the BNB in accordance
with the rules and regulations of the BNB. Participants may subscribe to receive, from Euroclear Bank,
reporting of cash movements in its Central Bank Money Cash Account. Such reporting is provided for
information only and does not, in any circumstance, constitute an official statement in relation to the Central
Bank Money Cash Account.
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Operating Procedures 9
January 15, 2007
Part V – Miscellaneous Section 26 – Central Bank Money Settlement
26.8 Custody events for securities reserved for Central Bank Money
activity
(b) If a Participant wishes to send a Custody Operation instruction for the Designated Securities Clearance
Account, taking into account securities standing to the credit of a Central Bank Money Securities Account, it
may do so at its own responsibility. In particular, the Participant must ensure that securities for which it has
sent such an instruction are returned from the Central Bank Money Securities Account to the Designated
Securities Account in time for the instruction to meet the applicable conditions for execution.
(b) A Central Bank Money Securities Account for which the Designated Securities Clearance Account is "gross
paying" will equally be treated by Euroclear Bank as "gross paying", on the condition that that the Participant
complies with the procedural requirements in Part IV - Domestic Markets - Italy - "Relief from Italian tax at
source".
(c) Any debits or credits of Italian withholding taxes in relation to securities standing to the credit of a Central
Bank Money Securities Account will be made in the Cash Account related to the Designated Securities
Clearance Account.
10 Operating Procedures
December 19, 2001
Part V – Miscellaneous Section 26 – Central Bank Money Settlement
26.8.5 United Kingdom stamp duty and stamp duty reserve tax
Any stamp duty or stamp duty reserve tax to be levied by Euroclear Bank, pursuant to Part IV - Domestic
Markets - United Kingdom - "Stamp duty and stamp duty reserve tax", on securities standing to the credit of a
Central Bank Money Securities Account will be debited from the Cash Account related to the Participant's
Designated Securities Clearance Account.
_____________
Operating Procedures 11
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Part V – Miscellaneous Section 27 – FundSettle International services
Table of contents
Operating Procedures
August 16, 2010
Part I - General Rules Section 27 – FundSettle International services
Operating Procedures
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
Operating Procedures 1
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
(c) Without prejudice to the general provisions of Section 12 of the Terms and Conditions, Euroclear Bank
does not accept any liability for the acts or omissions of the Fund or its agents and, more particularly,
Euroclear Bank does not accept any liability for payments not processed or processed in delay or any other
errors made by the Fund or its agents. If, however, any Participant has suffered any loss, Euroclear Bank shall
take such steps as it shall reasonably deem appropriate under the circumstances to assist the Participants to
effect a recovery.
(d) Nothing in any agreement entered into by Euroclear Bank with any third party (whether the Fund or any
agent acting for the Fund or any other entity) (“third party agreements”) for the provision of FundSettle
International services shall be construed as giving Participants, beneficial owners or any other entity or
individual for which the Participant may be acting, in its capacity as such, any right, claim or remedy under
the third party agreements.
(e) Fund Shares for which the relevant Fund or its agent(s) has not entered into an agreement to gain access to
the FundSettle platform or to communicate with Euroclear Bank through standard fax messages shall be held
outside the Euroclear System and recorded on a Non-Deposit Account. The FundSettle International services in
respect thereof differ in certain aspects from those for Fund Shares registered in the name of a FundSettle
nominee, as set out in Sections 27.9 and 27.15.
2 Operating Procedures
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
(c) The Power of Attorney referred to in the preceding paragraph is exclusive, meaning that in respect of securities
for which FundSettle International services are being provided, Participants shall refrain from directly instructing the
Fund, its agent(s) or any Depositary or Other Clearance System, save prior agreement between Euroclear Bank and
its Particpant to the contrary.
(d) As set out in Section 27.4, it is the Participant’s responsibility to ensure that it is properly authorised by the
beneficial owner and that all documents required to that effect have been duly authorised and executed. Euroclear
Bank makes no investigation and assumes that such authorisation has been obtained.
(e) Upon request of a Fund or any of its agents, Participants have an obligation to provide such Fund or agent with
the required documentation evidencing their authority to act on behalf of the beneficial owner in respect of
FundSettle Instructions. Euroclear Bank does not accept any liability resulting from a Participant’s failure to produce
any documentation evidencing its authority to act on behalf of the beneficial owner. Each Participant, as holder of a
Securities Clearance Account or a Non-Deposit Account shall indemnify Euroclear Bank upon demand against any
loss, claim, liability or expense asserted against or imposed upon Euroclear Bank in connection with (i) any non-
compliance by such Participant with the terms and conditions of any document executed on behalf of such Participant
by Euroclear Bank pursuant to the power of attorney set out in this section 27.5 above; or (ii) any lack of authority of
such Participant to send FundSettle Instructions or failure to produce or execute any Required Documents.
(f) Each Participant represents and warrants to Euroclear Bank that:
(i) it has full power and authority to grant to Euroclear Bank the power of attorney provided in this Section 27.5;
(ii) the granting of the power of attorney set forth in this Section 27.5 doe not, and will not, violate any provision
of the organizational documents (including articles, charter or by-laws) of such Participant or any law, regulation,
ordinance, rule or statute of the jurisdiction governing the organisation of such Participant applicable to such
Participant; and
(iii) the power of attorney set forth in this Section 27.5 is enforceable against such Participant in accordance with
its terms.
27.7 No rights of third parties under the Terms and Conditions and
Operating Procedures
(a) In accordance with Section 18 of the Terms and Conditions, “No customer or other entity or individual for which
any Participant may be acting shall, in that capacity, have or be entitled to assert any rights, claims or remedies
against Euroclear Bank”.
(b) Euroclear Bank enters solely and exclusively into a contractual relationship with Participants. The referral to the
identity of any other person on the screen pages of the FundSettle website or on any instruction (including fields of
FundSettle Instructions), reports or communications received from or on behalf of a Participant will not entail any
contractual relationship other than with the Participant on whose behalf the instruction was submitted or the
communication made.
Operating Procedures 3
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Part V – Miscellaneous Section 27 – FundSettle International services
4 Operating Procedures
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
(b) In accordance with a Participant’s FundSettle Instruction, when for a given issue of Fund Shares it is
required to effect registration or recording in the name of the Participant’s designee, or directly in the name of
the beneficial owner, Euroclear Bank shall forward the registration or recording details provided by the
Participant to the relevant Fund or its agent.
(c) A Participant that instructs Euroclear Bank to register or record Fund Shares directly in the name of the
beneficial owner shall indemnify and hold harmless Euroclear Bank for and against any expenses, losses,
claims, fines, penalties or damages (the “damages”) suffered by Euroclear Bank arising out or caused by:
(i) any action taken pursuant to FundSettle Instructions from the Participant;
(ii) any claims from the beneficial owner or any other person or entity in whose name a Participant instructs
Euroclear Bank to register or record Fund Shares;
(iii) any claims from Funds or other entities acting for the Fund in whatever capacity or any other third
parties;
except to the extent that such damages result from Euroclear Bank’s own negligence or wilful misconduct in
accordance with Section 12 of the Terms and Conditions.
Operating Procedures 5
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Part V – Miscellaneous Section 27 – FundSettle International services
(iii) Transfers between Participants can only be reflected on a Non-Deposit Account after receipt by
Euroclear Bank of confirmation of amendment of the shareholders’ register or records of the Fund.
Requests for re-registration or recording will be forwarded to the relevant transfer agent and upon
confirmation of update of the shareholders’ register or records of the Fund, the appropriate records on a
Non-Deposit Account will be generated.
(g) Euroclear Bank shall have no liability for any losses if Fund Shares in respect of which information is
recorded on a Non-Deposit Account at any time prove to be fraudulent, forged or invalid securities. Upon
discovery that Fund Shares in respect of which information is recorded on a Non-Deposit Account are
fraudulent, forged or invalid, Euroclear Bank shall debit the Non-Deposit Account and shall take no liability
therefor.
6 Operating Procedures
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
(b) The name of the entity acting as distributor for Fund Shares, when completed in a FundSettle Instruction by
a Participant, will be made available to the Fund and/or its agents for the purpose of calculation and payment
of commissions and fees by the Fund or its agents. Each Participant acting as distributor authorises the
disclosure of its name for this purpose.
(c) If the type of Fund Share requires registration or recording in the name of the beneficial owner, such name
will be communicated to the Fund’s transfer agent for the purpose of registration or recording. By completing
the name of the beneficial owner in the registration or recording field of a FundSettle Instruction, each
Participant authorises Euroclear Bank to relay such information to the Fund and its agents and each
Participant represents that it has obtained the authorisation from such beneficial owner to relay the information
required for the processing of the FundSettle Instruction.
(d) Euroclear Bank will regularly exchange information with transfer agents for reconciliation purposes. Such
reports may be spreadsheets sent by e-mail, fax or any other available means of communication. In case Fund
Shares are registered or recorded in the name of the Participants or beneficial owners directly, such
information may be included in the reconciliation reports as set out in (c) above. Each Participant hereby
authorises Euroclear Bank to exchange such information by e-mail, fax or any other available means of
communication and Euroclear Bank accepts no liability if the message is intercepted or altered.
(a) Euroclear Bank may accept Fund Shares for deposit into the Euroclear System in accordance with Section
4. Euroclear Bank may also provide FundSettle International services in respect of Fund Shares which are not
accepted for deposit into the Euroclear System.
(b) Euroclear Bank may, in its sole discretion, based on
(i) the characteristics of the Fund Shares and the requirements of the Fund or the governing documentation
of the shares; or
(ii) Euroclear Bank’s own judgement of whether the deposit of such Fund Shares would be in the best
interest of Participants generally or of the Euroclear System,
decide whether Fund Shares are eligible for deposit into the Euroclear System or whether it shall provide only
certain services (excluding deposit into the Euroclear System) in respect thereof.
(c) The Fund Shares which Euroclear Bank deems eligible for the provision of FundSettle International
services (whether held on deposit with the Euroclear System or not) are listed in the Fund database as
described in the FundSettle User Guide.
(d) FundSettle eligible Fund Shares must generally be in registered, uncertificated (book-entry) form.
Euroclear Bank may, in its sole discretion, offer FundSettle International services in respect of Fund Shares in
bearer form, for which the Fund or its agent keeps a record. When the FundSettle User Guide and the
FundSettle instruction formats refer to “registration of”, or “registered” Fund Shares, it should be understood
to include bearer shares that are “recorded” with the Fund or its agent.
(e) For some Fund Shares Euroclear Bank will not perform an eligibility review without prior receipt of the
prospectus of the Fund Shares and establishment of contact with the Fund or its agent(s).
(a) not to accept for FundSettle International services any Fund Share;
(b) to withdraw acceptance of any Fund Share held in the Euroclear System, or to cease to provide services in
respect of Fund Shares or entitlements for which information is recorded on a Non-Deposit Account;
Operating Procedures 7
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
(c) to refuse to provide FundSettle International services in respect of any Fund Share, and,
(i) if Fund Shares are recorded on a Securities Clearance Account, request the delivery of such shares out of
the Euroclear System (by requesting de-registration of the shares from the FundSettle nominee name and
registration in the name of the Participant or its designee, which shall imply, upon confirmation of de-
registration of Fund Shares from the FundSettle nominee name, the automatic revocation of Euroclear
Bank’s power to act on such shares);
(ii) if information in respect of Fund Shares or entitlements is recorded on a Non-Deposit Account, request
to the Fund and its agents that all information and payments be sent directly to the registered or recorded
person,
if Euroclear Bank determines that such actions would be necessary:
(i) under the applicable laws or regulations or any other provisions of the corporate charter or other
constituent document of the Fund or under the terms of the governing documentation of the Fund, or
(ii) as a result of any applicable corporate, judicial or administrative decision or in consequence of a
corporate, judicial or administrative enquiry; or
(iii) in the best interest of Participants generally or of the Euroclear System.
8 Operating Procedures
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
27.14.2.1 Authorised signatories for FundSettle Instructions by fax (see also Section
6.1.3)
(a) In addition to the provisions of Section 6.1.3, upon registering to use FundSettle International services,
each Participant must provide a list of signatories specifically authorised to send FundSettle Instructions to
Euroclear Bank.
(b) Participants are notified by such means as Euroclear Bank deems suitable, when it notices Instructions
under signatures that do not appear to be in accordance with such list. Such Instructions may not be processed
until a confirmation from authorised signatory(ies).
Operating Procedures 9
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
10 Operating Procedures
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
(e) When manual intervention is required, there may be a processing delay that will depend on the type of
intervention required and on factors such as whether information can be directly accessible or whether Euroclear
Bank is dependent on input from external parties such as the transfer agent or custodian for the Fund.
Participants are advised of the status of the orders and instructions by consulting the FundSettle Browser or
SWIFT reporting functions or through other means Euroclear Bank deems appropriate. Participants will be kept
informed of the expected delay for execution, depending on the missing type of information or other
requirements.
Operating Procedures 11
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
(b) Certain FundSettle Instructions input through the FundSettle Browser will require manual intervention in
cases when not all the relevant information is available to permit execution of the instruction. Participants can
consult the reporting functions as set out in the FundSettle User Guide. Euroclear Bank will inform Participants
of the expected delay for execution, depending on the missing type of information or other requirements.
(c) FundSettle Instructions that have been successfully sent or submitted may not be repaired. They must be
cancelled and re-submitted.
12 Operating Procedures
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
(g) The delivery by a Participant of a FundSettle Instruction containing the certification field completed will
constitute affirmation of the completeness, truth and accuracy of the certification with reference to all applicable
certification with reference to all documentation of the issue or as determined by the Fund or its agent.
Each Participant shall promptly, upon Euroclear Bank’s request, execute (or have executed by the beneficial
owner, if appropriate), a paper form certification in the form required in the governing documentation of the
Fund Shares or as required by the Fund or its agent(s).
(h) Specific information about beneficial owners as well as other additional documentation may be required by
the Fund or its agent(s) for which it is the Participant’s responsibility to ensure appropriate action is taken on its
side to comply with such requirements. Participants are reminded that, at all times, the acceptance of a
FundSettle Instruction by the Fund or its agent(s) remains at the entire discretion of the latter.
Operating Procedures 13
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
14 Operating Procedures
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
(d) The Participant remains fully responsible in case a greater number of Fund Shares than available and
standing to the credit of or recorded in its Account are redeemed due to the execution of a redemption in cash
instruction, including but not limited to any losses caused by the temporary unavailability of Fund Shares of
other Participants as described in (e) below. The Participant authorises Euroclear Bank to initiate a subscription
at any time at the cost and expense of such Participant to cover any Fund Shares that have been redeemed in
excess of the available balance standing to the credit or recorded in the Account of such Participant and held in
its name and/or on its behalf with the Fund or its agent.
(e) Each Participant hereby acknowledges and agrees that a redemption in cash instruction processed by
Euroclear Bank on behalf of another Participant could lead to the temporary loss of use of Fund Shares credited
to its Account until the execution of the redemption as referred to in (d) above and accepts that its positions
might be temporarily blocked as a consequence thereof. Euroclear Bank accepts no liability with regard to any
such temporary unavailability of Fund Shares standing to the credit or recorded in the Account of a Participant
due to the processing of a redemption in cash instruction received by Euroclear Bank from another Participant.
(f) Delays in the payment of the proceeds may occur:
(i) for Fund Shares that have specific requirements; and
(ii) due to way chosen by the Fund or its agent(s) to process payments on their side.
Operating Procedures 15
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
(c) After presentation of the FundSettle Instruction by Euroclear Bank to the Fund or its agent(s), a Participant
may send its request for cancellation to Euroclear Bank upon prior notification to Euroclear Bank through the
relevant functionality of the FundSettle Browser and immediately followed by a telephone confirmation from
such Participant to Euroclear Bank. Upon receipt of a request for cancellation from a Participant, Euroclear
Bank forwards such request to the relevant Fund or agent. Euroclear Bank accepts no liability (i) for any delay in
the processing of the request for cancellation from a Participant by Euroclear Bank, or (ii) for such request not
being processed by the relevant Fund or agent despite the Participant’s request.
(d) In the case where the functionality mentioned above under (b) and (c) is not available to Participants on the
FundSettle Browser, a Participant may send its request for cancellation to Euroclear Bank by fax bearing
authorised signature(s) and immediately followed by a telephone confirmation from such Participant to
Euroclear Bank. Upon receipt of a request for cancellation from a Participant, Euroclear Bank forwards such
request to the relevant Fund or agent. Euroclear Bank accepts no liability (i) for any delay in the processing of
the request for cancellation from a Participant by Euroclear Bank, or (ii) for such request not being processed by
the relevant Fund or agent despite the Participant’s request.
(e) The FundSettle Instruction cannot be amended in any material respect by a Participant. In order to
substantially alter a FundSettle Instruction, the submitted FundSettle Instruction has to be cancelled by the
Participant and a new FundSettle Instruction has to be input by said Participant. Only the FundSettle Instruction
narrative appearing in the FundSettle Browser can be amended by a Participant by fax to Euroclear Bank,
bearing authorised signature(s) and immediately followed by a telephone confirmation from the Participant to
Euroclear Bank. Upon receipt of a request for amendment from a Participant, Euroclear Bank forwards such
request to the relevant Fund or agent. Euroclear Bank accepts no liability (i) for any delay in the processing of
the request for amendment of the narrative of the FundSettle Instruction from a Participant by Euroclear Bank,
or (ii) for such request not being taken into account by the relevant Fund or agent despite the Participant’s
request.
16 Operating Procedures
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
Operating Procedures 17
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
(c) Euroclear Bank reflects information related to Fund Shares on a Non-Deposit Account after receipt of
confirmation from the relevant Fund or its agent(s) that the FundSettle Shares have been registered in the name
designated by the Participant in its instruction. Such credits remain provisional until the related cash payments
to the Fund or its agent(s) are final.
(d) Credits to Cash Accounts arising out of redemptions or other Custody Cash Distributions are provisional
until the receipt in whole of such payment by Euroclear Bank is final.
(e) In accordance with Section 8.3 Euroclear Bank may reverse any provisional debit or credit to any Account.
Euroclear Bank reserves the right to adjust any payments or other amounts paid to Participants upon
confirmation of the Fund or its agent(s) of any variation in the confirmed amount.
27.28.1 Blocking of Fund Shares by Euroclear Bank (see also Section 9.2.1.1)
Securities may be blocked in a Participant’s Account in the circumstances set forth in Section 9, and in
particular, Fund Shares will be unavailable for delivery or redemption in the following circumstances:
(a) pursuant to a transfer of securities into the FundSettle platform, upon a Participant’s subscription to
FundSettle International services (see Section 27.27 on Migration procedures);
(b) if required for any circumstances affecting the Fund;
(c) if Fund Shares are to be debited pursuant to a redemption instruction;
(d) if deemed necessary by Euroclear Bank in connection with Custody Operations including, without limitation:
(i) switches,
(ii) transfers,
(iii) meetings,
(iv) merger or liquidation of the fund management company.
18 Operating Procedures
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
(e) between the date of credit of Fund shares in the Securities Clearance Account of a Participant and the
settlement and related cash payment of such Fund Shares in the account of the agents acting as Depositaries, the
Depositary or an Other Clearance System;
(f) if deemed necessary by Euroclear Bank in connection with settlement instructions, including internal
settlement instructions until receipt of the authorisation from the Fund or its agent(s).
27.30.1 Safekeeping
Safekeeping services are provided only in respect of Fund Shares registered in the name of a FundSettle nominee
and held in the Euroclear System, as set out in Section 27.8. Registered Fund Shares are held directly on the
shareholders' register of the Fund, without the intervention of a Depositary.
Securities in respect of which information is recorded on a Non-Deposit Account are not held in the Euroclear
System and therefore Euroclear Bank provides no safekeeping services in respect thereof.
Operating Procedures 19
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
(b) Securities Database 1 contains information relevant for securities that are serviced through the standard
Euroclear platform. Euroclear Bank does not guarantee any time frame within which the set up of a new fund in
the FundSettle database will be processed. Participants using FundSettle International services are advised to
consult the FundSettle funds database which contains information that is relevant for FundSettle Instructions.
The FundSettle "data inquiry" function contains securities valuation reports similar to those described in Section
19.3.3.1.
(c) Regarding the NAV in particular as well as cut-off times, deadlines and settlement details, as further
described in the FundSettle User Guide, and without prejudice to the general provisions of Section 19.3.3, while
Euroclear Bank makes reasonable efforts to maintain the FundSettle database as accurate as possible, it does not
accept any liability if the information on the NAV, cut-off time, deadline or settlement details is not up-to-date
or is inaccurate, incomplete or unavailable.
(d) Participants that have a fund depot held through FundSettle at Business Unit level that exceeds EUR 500
million, or aggregated number of orders (excluding transfers) at Business Unit level that exceeds 500 orders per
month can subscribe to the FundSettle database download service.
20 Operating Procedures
August 16, 2010
Part V – Miscellaneous Section 27 – FundSettle International services
(viii) As between the Intermediary and the Fund Provider, the Intermediary deals as principal unless the
Intermediary has informed the Fund Provider that it is acting as agent and disclosed for whom it is acting as
agent.
(ix) The Intermediary will give the Fund Provider such information as the provider is entitled to require
pursuant to the terms of issue of any product to supplement any instructions given through the EMX Message
System, including information required to satisfy nationality declaration requirements
(x) All contracts placed through the EMX Message System shall be governed by English Law.
Operating Procedures 21
August 16, 2010
Part V – Miscellaneous Section 28 – French Primary Dealership Services
Table of contents
Operating Procedures
April 16, 2007
Part V – Miscellaneous Section 28 – French Primary Dealership Services
28.1.3 Participant eligibility requirements for the use of French Primary Dealership Services
In order to be eligible to use the French Primary Dealership Services:
(i) an entity must be a Participant in the Euroclear System;
(ii) a Participant must be appointed as French Primary Dealer on French Debt Instruments by the French Treasury
Agency (“Agence France Trésor”);
(iii) a Participant must have a direct account opened in its name with Euroclear France as imposed by the French
Treasury Agency; and
(iv) a Participant must duly execute the subscription form dedicated to the French Primary Dealership Services.
Operating Procedures 1
April 16, 2007
Part V – Miscellaneous Section 28 – French Primary Dealership Services
(c) In order for Euroclear Bank to accept instructions generated by EuroMTS on behalf of a Participant which
is an EuroMTS member, such Participant needs to sign the EuroMTS Agreement that includes a power of
attorney given by the Participant in favour of Euroclear Bank on Participant’s Securities Clearance Account.
(d) In order for Euroclear Bank to accept instructions generated by MTS France on behalf of the Participant
which is a MTS France member, such Participant needs to sign the MTS France Agreement that includes a
power of attorney given by the Participant in favour of Euroclear Bank on Participant’s Securities Clearance
Account.
2 Operating Procedures
April 16, 2007
Part V – Miscellaneous Section 28 – French Primary Dealership Services
28.1.12 Liability
(a) Participants acknowledge and agree that late instructions received from Participants will be processed by
Euroclear Bank on a reasonable effort basis.
(b) Each Participant acknowledges and agrees that, save in the event of negligence or willful misconduct on the part
of Euroclear Bank:
(i) Participant will be liable towards Euroclear Bank and other Participants for any direct loss or damage as a
result of any failure to respect its obligation herein;
(ii) Euroclear Bank may take any measures as described in the Euroclear Bank service offering concerning
Primary Dealers in France; and
(iii) Euroclear Bank shall not be held responsible for the failure or malfunctioning of any communication
computer systems or transmission media other than Euroclear’s ones.
Operating Procedures 3
April 16, 2007
Part V – Miscellaneous Section 28 – French Primary Dealership Services
(c) Euroclear Bank will have no liability for the acts and omissions of third parties. For the purpose of this
provision, it is understood and agreed that (i) any parties related to Participant are third parties, (ii) Euroclear
France is a third party. In accordance with the Terms and Conditions Governing Use of Euroclear, Euroclear
Bank will pass onto Participants any amount from such third parties as it may reasonably recover pursuant to
an error committed by those parties and that have caused direct damages to Participants under the conditions
of agreements with such third parties.
(d) Euroclear Bank takes no liability for any other services than the ones described herein and in the Euroclear
Bank service offering concerning Primary Dealers in France.
28.2.3 Participant eligibility requirements for the use of Belgian Primary Dealership
Services
In order to be eligible to use the Belgian Primary Dealership Services:
(i) an entity must be a Participant in the Euroclear System;
(ii) a Participant must be recognised as Belgian Primary Dealer on Belgian Debt Instruments; and
(iii) a Participant must duly execute the subscription form dedicated to the Belgian Primary Dealership
Services.
4 Operating Procedures
April 16, 2007
Part V – Miscellaneous Section 28 – French Primary Dealership Services
(a) The automatic lending system organised by BNB is mandatory for all Belgian Primary Dealers pursuant to
the Code of Duties of Primary Dealers in Belgian Government Debt Securities issued by BNB.
(b) Participants have the opportunity to participate to the BNB automatic lending system through Euroclear
Bank’s sub-account in BNB dedicated to Participant as described in the Euroclear Bank service offering
concerning Primary Dealers in Belgian Debt Instruments.
Operating Procedures 5
April 16, 2007
Part V – Miscellaneous Section 28 – French Primary Dealership Services
(c) Each Participant acknowledges and agrees that the automatic lending service defined in this Section 28.2.7
is not linked in any manner to the Euroclear Bank Securities Lending and Borrowing Program defined in
Section 22. Therefore all specific features and protections offered by Euroclear Bank through its Securities
Lending and Borrowing Program do not apply to this automatic lending service since the latter is provided by
Euroclear Bank strictly in accordance with the BNB Terms & Conditions as well as the specific rules and
regulations applicable by the BNB to the automatic lending system (and in particular the securities settlement
system regulations of the BNB).
(d) Consequently, in order to benefit from the automatic lending service provided by Euroclear Bank as
described above, each Participant hereby:
(i) confirms that it is aware that securities loaned through BNB are subject to the BNB Terms & Conditions
as well as to specific rules and regulations applicable by the BNB to the automatic lending system (and in
particular the securities settlement system regulations of the BNB), and accepts them;
(ii) guarantees that the securities which it allocates to the BNB automatic lending system shall be entirely
available for that purpose, that they are owned by the Participant or that it has obtained the authorisation or
necessary power from the owner of the securities concerned;
(iii) confirms that it is aware that the lendable portion of its portfolio may vary in accordance with BNB
rules applicable to the BNB automatic lending system and endeavours to comply with such rules;
(iv) acknowledges and agrees that for any securities allocated to the BNB automatic lending system
whereby Euroclear Bank acts as a lender for the benefit of such Participant, those securities are at the same
time debited from its Securities Clearance Account when effectively on loan in the BNB;
(v) acknowledges and agrees that, so far as the interests and transfers of commission by the BNB are
concerned, the Participant will only receive the amount BNB will grant to Euroclear Bank for such
Participant pursuant to the BNB rules and regulations applicable to the BNB automatic lending system;
(vi) acknowledges and agrees that the allocation of repayment of loan will follow the BNB rules and
regulations applicable to the BNB automatic lending system, upon reimbursement of the loan in the BNB
the securities will be re-credited accordingly in the Participant’s Securities Clearance Account;
(vii) acknowledges and agrees that, pursuant to the BNB rules and regulations applicable to the BNB
automatic lending system, in the event of default for any reason whatsoever by a borrower to the BNB
automatic lending system, a share of loss may be applied by the BNB amongst all participants to the BNB
automatic lending system and thus on the lendable position held by Euroclear Bank in BNB for the benefit
of such Participant; and
(viii) commits to indemnify Euroclear Bank for any loss or damage incurred by Euroclear Bank or any
other Participant to the Euroclear System resulting from the participation of Euroclear Bank in the BNB
automatic lending system for the benefit of such Participant.
6 Operating Procedures
April 16, 2007
Part V – Miscellaneous Section 28 – French Primary Dealership Services
Operating Procedures 7
April 16, 2007
Part V – Miscellaneous Section 28 – French Primary Dealership Services
(d) In the same manner, Participants understand that due to the lending obligations imposed by BNB on all
Belgian Primary Dealers (see Section 28.2.7) if not all potentially lendable securities are effectively lent by BNB, a
residual portion of the mandatory lendable securities remains in Euroclear Bank’s sub-account dedicated to
Participant in BNB at the end of the day. Such residual portion of lendable securities at the end of the day
corresponds to a long balance in Euroclear Bank’s sub-account dedicated to Participant in BNB and will therefore
be blocked in Participant’s Securities Clearance Account in Euroclear Bank Participants until the reservation has
been cancelled by Euroclear Bank as set under (c).
28.2.13 Liability
(a) Participants acknowledge and agree that late instructions received from Participants will be processed by
Euroclear Bank on a reasonable effort basis.
(b) Each Participant acknowledges and agrees that, save in the event of negligence or willful misconduct on the
part of Euroclear Bank:
(i) Participant will be liable towards Euroclear Bank and other Participants for any direct loss or damage as a
result of any failure to respect its obligation herein;
(ii) Euroclear Bank may take any measures as described in the Euroclear Bank service offering concerning
Primary Dealers in Belgian Debt Instruments; and
(iii) Euroclear Bank shall not be held responsible for the failure or malfunctioning of any communication
computer systems or transmission media other than Euroclear’s ones.
(c) Euroclear Bank will have no liability for the acts and omissions of third parties. For the purpose of this
provision, it is understood and agreed that (i) any parties related to Participant are third parties, (ii) BNB is a third
party. In accordance with the Terms and Conditions Governing Use of Euroclear, Euroclear Bank will pass onto
Participants any amount from such third parties as it may reasonably recover pursuant to an error committed by
those parties and that have caused direct damages to Participants under the conditions of agreements with such
third parties.
(d) Euroclear Bank takes no liability for any other services than the ones described herein and in the Euroclear
Bank service offering concerning Primary Dealers in Belgian Debt Instruments.
8 Operating Procedures
April 16, 2007
Annexes
Annex
Operating Procedures
January 15, 2007
Annex
Annex 1
Standard Documents
If required in accordance with the terms and conditions of a particular security, Euroclear Bank may request that
Participants provide a certification to Euroclear Bank with respect to the person or persons holding beneficial
interests in such security.
In the case that an electronic form certification is allowed, Participants that provide such an electronic form
certification will be deemed, in accordance with Section 20.9 of the Operating Procedures, to have provided a
certification that includes the applicable sections of the form set forth below. Participants and their counsel may
determine which sections of the certification set forth below are applicable in respect of particular securities by
reference to the terms and conditions of such securities and the laws under which such securities are offered.
This standard form has been drafted as a comprehensive certification for incorporation in automated
certification procedures. Certain clauses may not apply in particular circumstances. To the extent that this
certification is used as a reference document, Participants should ensure that only applicable provisions are
included
(1) Certification:
(a) If the Securities are obligations issued under U.S. Treasury Regulations 1.163-5 (26 CFR 1.163-5), this is
to certify that as of the date hereof the above-captioned Securities held by Euroclear Bank for our account:
(i) are owned by persons that are not citizens or residents of the United States, domestic
partnerships, domestic corporations or any estate or trust the income of which is subject to the
United States Federal income taxation regardless of its source (“United States persons”);
(ii) are owned by United States person(s) that (a) are foreign branches of a United States financial
institution (as defined in U.S. Treasury Regulations Section 1.165-12(c)(1)(v)) (“financial
institutions”) purchasing for their own account or for resale, or (b) acquired the Securities
through foreign branches of United States financial institutions and who hold the Securities
through such United States financial institutions on the date hereof (and in either case (a) or
(b), each such United States financial institution hereby agrees, on its own behalf or through
its agent, that you may advise the issuer or the issuer's agent that it will comply with the
requirements of Section 165(j)(3)(A), (B) or (C) of the Internal Revenue Code of 1986, as
amended, and the regulations thereunder);
Operating Procedures 1
January 15, 2007
Annex
(iii) are owned by United States or foreign financial institution(s) for purposes of resale during the
restricted period (as defined in U.S. Treasury Regulations Section 1.163-5(c)(2)(i)(D)(7)), and
in addition if the owner of the Securities is a United States or foreign financial institution
described in clause (iii) above (whether or not also described in clause (i) or (ii)) this is to
further certify that such financial institution has not acquired the Securities for purposes of
resale directly or indirectly to a United States person or to a person within the United States or
its possessions; or
(iv) are owned by any other person permitted under the terms and conditions of the issuance.
(b) If the Securities are offered or sold pursuant to Regulation S (17 CFR 230.901-905) promulgated under
the Securities Act of 1933, as amended (the “Act”), this is to certify that as of the date hereof the above-
captioned Securities held by Euroclear Bank for our account:
(i) in the case of debt securities, the Securities are: (a) not beneficially owned by a U.S. person or
U.S. persons (“U.S. Person(s)”, used herein as defined in Regulation S); or (b) beneficially
owned by U.S. Person(s) who purchased the Securities in transactions which did not require
registration under the Act;
(ii) in the case of equity securities, the Securities are (x) not owned by U.S. Person(s) (and such
person(s) are not acquiring the Securities for the account or benefit of U.S. Person(s) or (y)
owned by U.S. Person(s) who purchased the Securities in a transaction which did not require
registration under the Act;
(iii) in the case that this certification is being delivered in connection with the exercise of warrants
pursuant to Section 230.902(m) of Regulation S, this is to certify that the Securities are not
being exercised by and on behalf of U.S. Person(s); or
(iv) in the case of debt securities, equity securities or any other type of securities or the exercise
warrants, the Securities are beneficially owned by a person permitted to do so under the terms
and conditions of the issuance.
(c) If the Securities are of any other type requiring certification of beneficial ownership under U.S. law,
this is to certify that as of the date hereof the above-captioned Securities held by Euroclear Bank for our
account are beneficially owned by a permitted person as set forth in the terms and conditions of the issuance.
(2) As used herein, “United States” means the United States of America (including the States and the District of
Columbia); and its “possessions” include Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, Wake
Island and the Northern Mariana Islands.
(3) We undertake to advise Euroclear Bank promptly on or prior to the date on which Euroclear Bank is required
to provide notice of this certification relating to the Securities held by you for our account in accordance with
your Operating Procedures if any applicable statement herein is not correct on such date, and in the absence of
any such notification it may be assumed that this certification applies as of such date.
(4) This certification excepts and does not relate to $______ of such interest in the above Securities in respect of
which we are not able to certify and as to which we understand exchange and delivery of definitive Securities
(or, if relevant, exercise of any rights or collection of any interest) cannot be made until we do so certify.
(5) We understand that this certification is required in connection with the terms and conditions of the
Securities. In connection therewith, if administrative or legal proceedings are commenced or threatened in
connection with which this certification is or would be relevant, we irrevocably authorise you to produce this
certification to any interested party in such proceedings.
2 Operating Procedures
January 1, 2001
Annex
Date:_______________ , 20____. (Not earlier than 15 days prior to the Certification Event to which the
certification relates.)
By: ____________________________________________________
As, or as agent for, the beneficial owner(s) of the Securities to which this certificate relates.
BY EUROCLEAR BANK
CERTIFICATION
[Issuer]
[Title of Securities]
(the “Securities”)
(a) This is to certify that, based solely on certifications we have received in writing, by tested telex or by
electronic transmission from member organisations appearing in our records as persons being entitled to a
portion of the principal amount set forth below (our “Member Organisations”) substantially to the effect set
forth in the Fiscal Agency or other Agreement,* as of the date hereof, principal amount of the above-captioned
Securities:
(i) is owned by persons that are not citizens or residents of the United States, domestic partnerships,
domestic corporations or any estate or trust the income of which is subject to United States Federal income
taxation regardless of its source (“United States persons”); (ii) is owned by United States persons that (a) are
foreign branches of United States financial institutions (as defined in U.S. Treasury Regulations Section
1.165-12(c)(1)(v) (“financial institutions”)) purchasing for their own account or for resale, or (b) acquired
the Securities through foreign branches of United States financial institutions and who hold the Securities
through such United States financial institutions on the date hereof (and in either case (a) or (b), each such
United States financial institution has agreed, on its own behalf or through its agent, that we may advise the
Issuer or the Issuer's agent that it will comply with the requirements of Section 165(j)(3)(A), (B) or (C) of
the Internal Revenue Code of 1986, as amended, and the regulations thereunder); or
(iii) is owned by United States or foreign financial institutions for purposes of resale during the restricted
period (as defined in U.S. Treasury Regulations Section 1.163-5(c)(2)(i)(D)(7)), and to the further effect that
United States or foreign financial institutions described in clause (iii) above (whether or not also described in
clause (i) or (ii)) have certified that they have not acquired the Securities for purposes of resale directly or
indirectly to a United States person or to a person within the United States or its possessions.
(b) If the Securities are of the category contemplated in Section 230.903(b)(3) of Regulation S under the Securities
Act of 1933, as amended (the “Act”) then this is also to certify with respect to the principal amount of Securities set
forth above that, except as set forth below, we have received in writing, by tested telex or by electronic transmission,
from our Member Organisations entitled to portion of such principal amount, certifications with respect to such
portion, substantially to the effect set forth in the Fiscal Agency or other Agreement.*
Operating Procedures 3
January 1, 2001
Annex
(i) that we are not making available herewith for exchange (or, if relevant, exercise of any rights or
collection of any interest) any portion of the Temporary Global security excepted in such certifications; and
(ii) that as of the date hereof we have not received any notification from any of our Member Organisations to
the effect that the statements made by such Member Organisations with respect to any portion of the part
submitted herewith for exchange (or, if relevant, exercise of any rights or collection of any interest) are no
longer true and cannot be relied upon as the date hereof.
(d) We understand that this certification is required in connection with certain tax laws and, if applicable,
certain securities laws of the United States. In connection therewith, if administrative or legal proceedings
are commenced or threatened in connection with which this certification is or would be relevant, we
irrevocably authorise you to produce this certification to any interested party in such proceedings.
[EUROCLEAR BANK
Brussels Office,
as operator of the Euroclear System]
By __________________________
NOTE:
* Unless Euroclear Bank is otherwise informed by the lead manager or Issuing Agent, the Standard Long-Form
Certification set out in these Operating Procedures will be deemed to meet the requirements of this sentence.
** Not earlier than the Certification Event to which the certification relates.
To the extent that this certification is used as a reference document, drafters should note that the asterisks in the
text, and the footnotes, may be omitted.
4 Operating Procedures
January 1, 2001
Index
Index
For the key words and terms used in this index, only the main reference is cited and the words and terms may
also appear in other Sections than those cited herein. This index does not include references to Domestic
Markets (See Section 24).
A
Abbreviation of name ............................................................................................................. 3.5.1
Acceptance of currencies ........................................................................................................ 5
Acceptance of securities ......................................................................................................... 4
Accounts................................................................................................................................ 3.5
ACE confirmation and matching ............................................................................................ 17
Additional accounts................................................................................................................ 3.5.3
Additional fees ....................................................................................................................... 23.6
Address - Euroclear Bank ....................................................................................................... 6.1.1
Address - Participant ............................................................................................................. 7.1.1
Amendment of instructions .................................................................................................... 6
Amendment to the Securities Lending and Borrowing Program............................................... 22.9
Amendment to these Operating Procedures ............................................................................. 1.5
ANIR Reports ....................................................................................................................... 19.3.2.2
Audit requirements................................................................................................................. 10.5
Authorised disclosure ............................................................................................................ 3.4
Authorised signatories ........................................................................................................... 6.1.3
Automatic Borrowing ............................................................................................................ 22.4
Automatic currency conversion............................................................................................... 20.2.5
Automatic Lending ................................................................................................................ 22.2
Availability of funds for securities transactions ....................................................................... 12.7
Availability of securities ........................................................................................................ 9.2
B
Back to back trade management (see also Part II - Services).................................................... 12.8
Balances (in accounts) ........................................................................................................... 3
Banking services .................................................................................................................... 2.2
Blocking ............................................................................................................................... 9
Book transfer.......................................................................................................................... 21.4.1
Book transfer, execution of .................................................................................................... 21.7.2
Borrowing Reimbursement..................................................................................................... 22.6
Bridge settlement ................................................................................................................... 14
C
Cancellation of instructions .................................................................................................... 6.6
Cash Correspondent ............................................................................................................... 21.2
CCI (Common Communication Interface)............................................................................... 6.2.7
Clearstream............................................................................................................................ 14
Certification under US law ..................................................................................................... 20.9
Claims and Compensation ...................................................................................................... 2.4
Common Code ....................................................................................................................... 4.3.2.1
Common Communication Interface (CCI)............................................................................... 6.2.7
Common Depositary (see Annex 1) ........................................................................................ 16.2
.............................................................................................................................................. 19.2
Operating Procedures 1
April 12, 2010
Index
Communications .................................................................................................................... 6
Communications, recording of................................................................................................ 10.7
Company................................................................................................................................ 2.1
Company meetings................................................................................................................. 19.3.2.3
Compensation to Lenders ....................................................................................................... 22.1.8
Compliance with local law...................................................................................................... 10.3
Composite Currency Units...................................................................................................... 5.4
Confidential information......................................................................................................... 3.3 /3.4
Conflict.................................................................................................................................. 1.2
Euroclear Bank....................................................................................................................... 2.1
Corporate Events.................................................................................................................... 19.3
Coupon stripping.................................................................................................................... 20.6
Currencies - acceptance of ...................................................................................................... 5
Currency options .................................................................................................................... 20.2.5
Custody Distributions, credit of ............................................................................................. 19.5.3
Custody Distributions not accepted ......................................................................................... 19.5.7
Custody Operations ................................................................................................................ 19.4
Custody services..................................................................................................................... 19.1.1
D
DACE notices ........................................................................................................................ 19.3.2.1
Data protection, personal data and ......................................................................................... 10.6
Database information.............................................................................................................. 19.3.3.1
Deadlines (see also Part II- Services) ...................................................................................... 6.3
Decimals................................................................................................................................ 6.5.4
Delays in Deliveries ............................................................................................................... 15.3.3
Deliveries............................................................................................................................... 15.3
Depositaries, list of (see Annex 1)........................................................................................... 19.2
Discounts (see Rebates in Tariff Folder) ................................................................................. 23
Distribution of new issues against payment ............................................................................. 16.2
Distribution of new issues free of payment.............................................................................. 16.3
Distribution of short and -medium term instruments................................................................ 16.4
Domestic Market Claims Procedure........................................................................................ 20.7.2
Drawing................................................................................................................................. 20.2.3.1
E
Eligibility criteria for currencies ............................................................................................. 5.1
Eligibility criteria for securities............................................................................................... 4.1
Enforcement of rights ............................................................................................................ 19.1.1
Euclid - instructions................................................................................................................ 6.2.4
Euclid PC............................................................................................................................... 6.2.4
Euclid Server..........................................................................................................................
Eurobonds, place of delivery .................................................................................................. 15.2.2
Exchange rates ....................................................................................................................... 2.3
Expenses (see Tariff folder).................................................................................................... 23
External settlement................................................................................................................. 15
2 Operating Procedures
February 15, 2010
Index
F
Fax - instructions.................................................................................................................... 6.2.5
Fees ....................................................................................................................................... 23
Fees, booking......................................................................................................................... 23.2
Fees, general (see also Tariff folder) ....................................................................................... 23
Fees, safekeeping ................................................................................................................... 23.3
Fees, Securities Lending and Borrowing ................................................................................. 23.4
Fields of instructions (see validation)...................................................................................... 6.5
Finality .................................................................................................................................. 8
Finality, Bridge settlement...................................................................................................... 14.9
Finality, external settlement.................................................................................................... 15.11
Finality, internal settlement..................................................................................................... 13.8
First Overnight Securities Settlement Processing..................................................................... 12.2.1.1
Foreign exchange ................................................................................................................... 21.4.4
Foreign exchange, execution of............................................................................................... 21.7.5
Format of instructions (see validation) .................................................................................... 6.5
F.S.A. (Financial Services Authority) Reporting ..................................................................... 18
Funds, credit of ..................................................................................................................... 21.3.2
Funds, preadvice of ................................................................................................................ 21.4.3
Funds, receipt of..................................................................................................................... 21.3
.............................................................................................................................................. 21.7
Fungibility ............................................................................................................................. 4.3.3
G
Global securities..................................................................................................................... 20.10
Global securities, settlement restrictions ................................................................................. 9.2.2.3
Gold....................................................................................................................................... 5.3
Guaranty to Lenders ............................................................................................................... 22.8
H
Holding restrictions ................................................................................................................ 10.3.2
I
Income (see also Custody Distributions 19.5.3)....................................................................... 20.2.2
Incorporation by reference...................................................................................................... 1.3
Indemnification ...................................................................................................................... 10.8
Information, provision of........................................................................................................ 19.3
Instructions ............................................................................................................................ 6
Insurance................................................................................................................................ 11
Interest computation ............................................................................................................... 2.2.2
Internal settlement .................................................................................................................. 13
Invalid securities .................................................................................................................... 4.3.4
ISIN....................................................................................................................................... 4.3.2.2
Issuing agent .......................................................................................................................... 16.4
Operating Procedures 3
January 18, 2010
Index
L
Lead manager......................................................................................................................... 16.2
Lendable Positions ................................................................................................................. 22.2.3
.............................................................................................................................................. 22.3.3
Lien ....................................................................................................................................... 10.1
Linked reimbursements .......................................................................................................... 13.2.6.2.2
Linking of instructions............................................................................................................ 12.8
List of Participants ................................................................................................................. 3.2
Loan Recall............................................................................................................................ 22.2.6
.............................................................................................................................................. 22.3.5
London Stock Exchange reporting .......................................................................................... 18
Loss of securities.................................................................................................................... 15.3.3
M
Mail instructions .................................................................................................................... 6.2.1
Main Cash Processing ............................................................................................................ 12.3.1
Market Claims........................................................................................................................ 20.7
Market Value ......................................................................................................................... 22.1.11
.............................................................................................................................................. 19.3.3.1
.............................................................................................................................................. 23.3
Matching of Bridge instructions.............................................................................................. 14.2.4
Matching of external instructions............................................................................................ 15.4.5
Matching of internal instructions............................................................................................. 13.2.4
Memorandum accounts........................................................................................................... 3.5.6
Modification of instructions.................................................................................................... 6.7
.............................................................................................................................................. 12.6.5
Money transfer instructions .................................................................................................... 21.4
Money transfer rules............................................................................................................... 21
N
New issues ............................................................................................................................. 16
New Issues Cash Account....................................................................................................... 16.2.11
New Issues Securities Clearance Account ............................................................................... 16.2.11
O
Official reports ....................................................................................................................... 7.3
Operations of the Euroclear System ........................................................................................ 2.1
Opportunity Borrowing .......................................................................................................... 22.5
Opportunity Lending .............................................................................................................. 22.3
Other Market Claims Procedure.............................................................................................. 20.7.3
Other Clearance System (see Annex 1) ................................................................................... 15.3
Overnight Securities Settlement Processing............................................................................. 12.2
Ownership.............................................................................................................................. 2.1
P
Partial redemption .................................................................................................................. 20.2.3
Participation in the Euroclear System...................................................................................... 3.1
Participant-linked Settlement instructions ............................................................................... 12.8
Pending Deliveries Period....................................................................................................... 22.2.4
Personal data and data protection ........................................................................................... 10.6
Pledging................................................................................................................................. 10.2
Positioning, internal settlement............................................................................................... 13.2.6
4 Operating Procedures
June 14, 2010
Index
Q
Qualifying equities ................................................................................................................. 19.3.2.3.1
.............................................................................................................................................. 20.8.1
Quick Cash Card .................................................................................................................... 21.5.2
R
Realignments ......................................................................................................................... 15.2.2.1
Real-time Processing.............................................................................................................. 12.3
Rebates (see Tariff folder) ...................................................................................................... 23
Recall from Borrowers ........................................................................................................... 22.7
Recall Period.......................................................................................................................... 22.2.6
.............................................................................................................................................. 22.3.5
Record Date ........................................................................................................................... 19.5.2
Record-keeping accounts........................................................................................................ 3.5.5
Recording of communications ................................................................................................ 10.7
Redemption............................................................................................................................ 20.2
.............................................................................................................................................. 9.2.2.
Refusals of securities.............................................................................................................. 14.6
.............................................................................................................................................. 15.8
Registered securities............................................................................................................... 10.4.1
Reporting ............................................................................................................................... 7
Required Documents .............................................................................................................. 19.4.2.2
Reversals................................................................................................................................ 8.3
Rights ................................................................................................................................... 20.4
S
S.W.I.F.T. - instructions ......................................................................................................... 6.2.3
Safekeeping............................................................................................................................ 19.2
Second Overnight Securities Settlement Processing ................................................................ 12.2.1.2
Securities Clearance Accounts................................................................................................ 3.5.2
Securities Lending and Borrowing Program............................................................................ 22.1
Securities Settlement Processing............................................................................................. 12.2
Securities valuation ................................................................................................................ 19.3.3.1
Securities, acceptance............................................................................................................. 4
Operating Procedures 5
January 18, 2010
Index
T
Tariff folder ........................................................................................................................... 23.1
Taxes, general ........................................................................................................................ 10.3.3
Taxes, on Custody Distributions ............................................................................................. 19.5.1
Taxes, withholding................................................................................................................. 20.3
Telex - instructions................................................................................................................. 6.2.2
Time ...................................................................................................................................... 1.7
Transit Accounts .................................................................................................................... 3.5.4
V
Validation (see also Part II - Services) .................................................................................... 6.5
Value Date, of money transfer operations................................................................................ 21.7
Value Date, in respect of new issues ....................................................................................... 13.6.1
.............................................................................................................................................. 14.7.3
Voting reports ........................................................................................................................ 19.3.2.3
Voting, general....................................................................................................................... 20.8
W
Wire transfer .......................................................................................................................... 21.4.2
Wire transfer, execution of ..................................................................................................... 21.7.3
Withholding taxes .................................................................................................................. 20.3
6 Operating Procedures
January 1, 2001