Whole Section

  • Rule 2 — Applications for Participation and Participation Criteria

    • 2.1 Participants in DVP Settlement

      • 2.1.1

        The following persons shall be Participants in DVP Settlement:

        (a) CDP;
        (b) Settlement Banks;
        (c) Principals;
        (d) Depository Agents who have agreed to comply with and are admitted by CDP for participation pursuant to these DVP Rules;
        (e) The Clearing Bank; and
        (f) Clearing Members.

        Amended on 3 October 20093 October 2009.

    • 2.2 Application for Participation in DVP Settlement by Principals:

      • 2.2.1

        The following persons are Eligible Persons:

        (a) A Bank;
        (b) A merchant bank approved as such under Section 28 of the Monetary Authority of Singapore Act, Cap 186;
        (c) A finance company that is licensed under the Finance Companies Act Cap 108 to carry on financing business;
        (d) A trust company that is registered under the Trust Companies Act Cap 336;
        (e) A Clearing Member; and
        (f) Such other persons or entities that the CDP may from time to time declare to be Eligible Persons under this Rule.

        Amended on 3 October 20093 October 2009.

      • 2.2.2

        An Eligible Person who meets the payment and settlement facility requirements in Rule 2.3 shall be eligible to apply for admission as a Principal in DVP Settlement.

        Amended on 3 October 20093 October 2009.

      • 2.2.4

        Notwithstanding that an Eligible Person is eligible to apply for admission as a Principal in DVP Settlement, admission as a Principal shall be subject to the absolute discretion of CDP and shall be subject to such additional requirements, undertakings, terms and conditions as CDP may, in its absolute discretion, deem fit.

      • 2.2.5

        Where CDP decides not to admit any person as Principal, it shall not be under any obligation to give any reason for its decision.

    • 2.3 Payment and Settlement Facility Requirements of Principals

      • 2.3.1

        The payment facility requirements of Principals are that:

        (a) the Principal has appointed a Settlement Bank who will be its agent for the purposes of making and receiving payments in DVP Settlement; and
        (b) the Principal furnishes a duly executed Letter of Guarantee and Indemnity from the Settlement Bank to CDP in the form as set out in Annex AAnnex A that the Settlement Bank will guarantee the payment of and indemnify CDP against the non-payment of the Net Debit Balance of the Principal on any Settlement Day in accordance with these DVP Rules.

        Refer to Annex A — Letter of Guarantee and Indemnity from Settlement Bank.

        Amended on 3 October 20093 October 2009.

      • 2.3.2

        Subject to Rule 2.3.4, the settlement facility requirements of Principals are that the Principal has appointed one or more Depository Agents who:

        (a) will be its agent or agents for the purposes of Rule 4; and
        (b) is approved for admission to participate in DVP Settlement as a Depository Agent for the Principal.

        Amended on 3 October 20093 October 2009.

      • 2.3.3

        Unless approved by CDP, the Principal may not appoint more than one Depository Agent to be its agent for the purposes of Rule 4.

      • 2.3.4

        Where the Principal is itself a Depository Agent, the Principal shall not be required to appoint another Depository Agent to be its agent for the purposes of Rule 4. In such case, any of the DVP Rules applicable to a Depository Agent shall be performed by the Principal in its capacity as Depository Agent.

      • 2.3.5

        Where the Principal is itself a Settlement Bank, the Principal shall not be required to furnish CDP with a Letter of Guarantee and Indemnity pursuant to Rule 2.3.1(b) if the Principal appoints itself to act as Settlement Bank to comply with Rule 2.3.1(a). In such case, any of the DVP Rules applicable to a Settlement Bank shall be performed by the Principal in its capacity as a Settlement Bank.

    • 2.4 Application for Participation in DVP Settlement by Depository Agents

      • 2.4.2

        Admission to participate in DVP Settlement as a Depository Agent acting as agent for a Principal shall be subject to the absolute discretion of CDP and shall be subject to such additional requirements, undertakings, terms and conditions as CDP may, in its absolute discretion, deem fit.

      • 2.4.3

        Where CDP decides not to admit any Depository Agent as agent for the Principal it shall not be under any obligation to given any reason for its decision.

    • 2.5 Application for Participation in DVP Settlement by Settlement Banks

      • 2.5.1

        Any Bank which meets the payment facility requirements of Settlement Banks under Rule 2.6.1 shall be eligible to participate as a Settlement Bank in DVP Settlement.

      • 2.5.3

        Notwithstanding that a Bank is eligible to participate as a Settlement Bank in DVP Settlement, admission as a Settlement Bank shall be subject to the absolute discretion of CDP and shall be subject to such additional requirements, undertakings, terms and conditions as CDP may, in its absolute discretion, deem fit.

    • 2.6 Settlement Bank Payment Facility Requirements

      • 2.6.1

        The payment facility requirements of Settlement Banks are that:

        (a) the Settlement Bank makes arrangements for the provision of payment facilities as required by CDP; and
        (b) the Settlement Bank makes arrangements with the Clearing Bank for the provision of credit and guarantee facilities and the Settlement Bank furnishes a duly executed Letter of Guarantee and Indemnity from the Clearing Bank to CDP in the form as set out in Annex B that the Clearing Bank will guarantee the payment of and indemnify CDP against the non-payment of the Net-Net Debit Balance of that Settlement Bank on any Settlement Day in accordance with these DVP Rules.

        Refer to Annex B — Letter of Guarantee and Indemnity from Clearing Bank.

        Amended on 3 October 20093 October 2009 and 25 February 201125 February 2011.

    • 2.7 Participation in DVP Settlement by Clearing Members

      • 2.7.1

        Clearing Members' participation in DVP Settlement is mandatory under these DVP Rules. Clearing Members' participation in DVP Settlement shall be governed by the provisions of these DVP Rules in so far as they apply in relation to DVP Settlement.

        Amended on 3 October 20093 October 2009.

    • 2.8 Participation in DVP Settlement By Clearing Bank

      • 2.8.1

        The Clearing Bank's participation in DVP Settlement shall be effected by the Clearing Bank Deed that contains a covenant by the Clearing Bank that the Clearing Bank undertakes to CDP to be bound by and to observe and comply with the provisions of these DVP Rules in so far as they apply in relation to the Clearing Bank.