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Sep 28, 2017

Eurex Clearing

Consultation on amendments of Special Provisions regarding the Default Management Process

Against the background of the amended Section 104 of the German Insolvency Code (“Insolvenzordnung”), Eurex Clearing AG (Eurex Clearing) proposes to amend the Clearing Conditions of Eurex Clearing AG (Clearing Conditions).

The changes aim at clarifying certain aspects within the close-out-netting arrangements in line with what is permitted pursuant to the amended Section 104 of the German Insolvency Code in case of a Clearing Member default or a default of Eurex Clearing. The proposed changes

  • detail the time frame and valuation principles under the Liquidation Price Method and Exchange Price Approach as part of the Default Management Process in case of a Clearing Member default;
  • clarify the handling of primary obligations representing the market or exchange value of the trans­actions and Unpaid Amounts when calculating the single difference claim amount in case of a Failure to Pay or Insolvency Event with respect to Eurex Clearing.

The amended sections of the Clearing Conditions, as decided by the Executive Board of Eurex Clearing, are attached to this circular.

The planned amendments fall within the scope of Special Provisions of the Clearing Conditions and are subject to a consultation process (Consultation). Such Consultation will commence on 2 October 2017 and shall end on 3 November 2017 at midnight (Consultation Period).