Past version: Effective from 08 Nov 2012 to 18 Sep 2016
Amended on 8 November 20128 November 2012.
7.02A.1 Non-Relevant Market Transactions, NLT transactions, EFP transactions and EFS transactions
7.02A.1.1 Only Non-Relevant Market Transactions, NLT transactions, EFP transactions and EFS transactions which meet the following criteria will be eligible for registration with the Clearing House:
a. a transaction:
i. which falls under one of the classes of Eligible Non-Relevant Market Contracts; or
ii. in respect of a Contract listed on the Exchange or the Connect Contract which has been designated by the Exchange for NLT transactions and which meets the minimum volume thresholds, conditions and other procedures prescribed by the Exchange or the Clearing House from time to time; or
iii. in respect of a Contract listed on the Exchange for EFP transactions and EFS transactions which meets the procedures prescribed by the Exchange from time to time; and
b. a transaction where:
i. the Seller and the Buyer have satisfied the credit and position thresholds prescribed by their respective Clearing Members; or
ii. notwithstanding that either the Seller or the Buyer has not, its Clearing Member has signified its agreement to clear the transaction.
Once the criteria in Rule 7.02A.1.1 are satisfied, the Clearing Members acting for the Seller and the Buyer respectively shall be responsible for the relevant transaction as principals to the Clearing House.
7.02A.1.2 If a Non-Relevant Market Transaction, a NLT transaction, a EFP transaction or a EFS transaction does not fulfill the criteria in Rule 7.02A.1.1, and is rejected by the Clearing House for clearing, the transaction shall be deemed not to have been submitted to the Clearing House and will be dealt with in accordance with any terms agreed between the Seller and the Buyer.
7.02A.1.3 The specifications of Eligible Non-Relevant Market Contracts including Contract size, Contract Month, trading hours, underlying asset, exercise price, minimum price fluctuation, last trading day, settlement basis and method of exercise shall be set out in Circulars issued by the Clearing House from time to time.
Added on 27 March 200627 March 2006 and amended on 28 November 200828 November 2008, 3 November 20103 November 2010, 8 November 20128 November 2012, 19 September 201619 September 2016, 24 June 201924 June 2019 and 29 July 2022.
7.02A.2 Registration of Non-Relevant Market Transactions, NLT transactions, EFP transactions and EFS transactions
7.02A.2.1 Non-Relevant Market Transactions, NLT transactions, EFP transactions and EFS transactions will be registered with the Clearing House for clearing through the Trade Registration System or other facility as prescribed by the Clearing House. A complete submission for registration will be accepted or rejected by the Clearing House as quickly after submission as would be technologically practicable if fully automated systems were used.
7.02A.2.2 A Non-Relevant Market Transaction, a NLT transaction, a EFP transaction and a EFS transaction may only be registered by:
a. [Deleted]
b. a Clearing Member acting for a Seller and a Clearing Member acting for a Buyer; or
c. such other party authorised by either Clearing Member and approved by the Clearing House.
7.02A.2.3 [Deleted]
7.02A.2.4 Any party using the Trade Registration System, or other facility prescribed by the Clearing House, shall comply with the terms and conditions governing the access to and operation of that system, as varied, amended, or supplemented from time to time.
7.02A.2.5 A Clearing Member acting for a Seller or Buyer, as the case may be, must submit to the Clearing House the name of each party referred to in Rule 7.02A.2.2 who is authorised to register Non-Relevant Market Transactions, NLT transactions, EFP transactions or EFS transactions on the behalf of such Clearing Member.
7.02A.2.6 A Clearing Member acting for a Seller or Buyer, as the case may be, shall obtain the consent of such Seller or Buyer, before allowing any party referred to in Rule 7.02A.2.2 to register Non-Relevant Market Transactions, NLT transactions, EFP transactions or EFS transactions on the behalf of such Clearing Member.
7.02A.2.7 Each registration of a Non-Relevant Market Transaction, a NLT transaction, a EFP transaction or a EFS transaction, in order to be complete, must specify:
a. the type(s) of Eligible Non-Relevant Market Contract(s) which the Non-Relevant Market Transaction falls under, or the Connect Contract, or the Contract listed on the Exchange to which the NLT transaction, EFP transaction or EFS transaction relates;
b. the expiry month;
c. the quantity;
d. the price;
e. the Clearing Member(s) acting for the Buyer and Seller;
f. the Seller's account number (which may only be specified by a Clearing Member acting for a Seller or such party that the Clearing Member authorises) and the Buyer's account number (which may only be specified by a Clearing Member acting for a Buyer or such party that the Clearing Member authorises); and
g. such other particulars as may be prescribed by the Clearing House from time to time.
All particulars required by this rule must be specified correctly and accurately.
7.02A.2.8 [Deleted]
7.02A.2.9 For each Non-Relevant Market Transaction, NLT transaction, EFP transaction or EFS transaction, (a) complete registration as set out in Rule 7.02A.2.7 and (b) where applicable, the signifying of a Clearing Member's agreement to the clearing of a trade as set out in Rule 7.02A.1.1.b.ii must be carried out by the timelines set out below:
i. For a transaction concluded in a "T" trading session on a Trading Day: No later than thirty (30) minutes after the "T" session closes.
ii. For a transaction concluded in a "T+1" trading session on a Trading Day: No later than thirty (30) minutes after the "T session" on the next Trading Day closes.
7.02A.2.9A Clearing Members are required to ensure that all trades are submitted for registration in a timely manner.
7.02A.2.10 A Clearing Member acting for a Seller shall assume the duties and obligations of the Seller, as principal to the Clearing House, for any Non-Relevant Market Transaction, NLT transaction, EFP transaction or EFS transaction that is eligible for registration pursuant to Rule 7.02A.1.1 and that has been registered by any of the parties in Rule 7.02A.2.2.
7.02A.2.11 A Clearing Member acting for a Buyer shall assume the duties and obligations of the Buyer, as principal to the Clearing House, for any Non-Relevant Market Transaction, NLT transaction, EFP transaction or EFS transaction that is eligible for registration pursuant to Rule 7.02A.1.1 and that has been registered by any of the parties in Rule 7.02A.2.2.
7.02A.2.12 In allowing the submission of a Non-Relevant Market Transaction for registration through the Trade Registration System or other facility as prescribed by the Clearing House, the Seller and Buyer of such Non-Relevant Market Transaction shall be deemed to have mutually agreed (i) to substitute their contract for a contract based on the specifications referred to in Rule 7.02A.1.3, and (ii) for the Clearing House to become the central counterparty to the Clearing Members in whose names such Non-Relevant Market Transaction has been registered pursuant to Rule 7.04.
In allowing the submission of a NLT transaction, a EFP transaction or a EFS transaction for registration through the Trade Registration System or other facility as prescribed by the Clearing House, the Seller and Buyer of such transaction shall be deemed to have mutually agreed for the Clearing House to become the central counterparty to the Clearing Members in whose names the transaction has been registered, pursuant to Rule 7.04.
In allowing the submission of a NLT transaction, a EFP transaction or a EFS transaction for registration through the Trade Registration System or other facility as prescribed by the Clearing House, the Seller and Buyer of such transaction shall be deemed to have mutually agreed for the Clearing House to become the central counterparty to the Clearing Members in whose names the transaction has been registered, pursuant to Rule 7.04.
7.02A.2.13 Once a Non-Relevant Market Transaction that is eligible for registration pursuant to Rule 7.02A.1.1 has been submitted for registration, the terms of the Non-Relevant Market Transaction shall be final and a Clearing Member shall be bound by the terms of the Non-Relevant Market Transaction registered in its name.
The Clearing House shall not be responsible for confirming the terms of such Non-Relevant Market Transaction.
The Clearing House shall not be responsible for confirming the terms of such Non-Relevant Market Transaction.
7.02A.2.14 In the event of any technical fault that prevents or inhibits access and/or use of the Trade Registration System for registration of Non-Relevant Market Transactions, NLT transaction, EFP transaction or EFS transaction by any Clearing Member(s), the Clearing House may, in its absolute discretion, and in circumstances which it deems appropriate, allow for registration by such other means as it may prescribe.
7.02A.2.15 If the Clearing House exercises its discretion pursuant to Rule 7.02A.2.14:
a. The Clearing House will inform all Clearing Members of this decision by issuance of a circular or by such other means as the Clearing House deems appropriate; and
b. The Clearing House may vary or waive the timelines for registration as set out in Rule 7.02A.2.9.
7.02A.2.16 Any loss or inhibition of access and/or use of the Trade Registration System which is due to any technical faults arising from or caused by a Clearing Member's own equipment, system, device or market facility will not be considered sufficient ground for the Clearing House to exercise its discretion under Rule 7.02A.2.14.
7.02A.2.17 Factors which the Clearing House may consider in the exercise of its discretion include:
a. the number of Clearing Members which are affected by the technical fault;
b. the estimated length of time required to resolve the technical fault;
c. the impact of the technical fault on the ability of the Clearing House to operate a safe and efficient clearing facility; and/or
d. any other factor which the Clearing House deems relevant.
7.02A.2.18 Clearing Members shall produce to the Clearing House, if requested, evidence of compliance with this Rule 7.02A.2.
Added on 27 March 200627 March 2006 and amended on 28 November 200828 November 2008, 3 November 20103 November 2010, 8 November 20128 November 2012, 31 December 201331 December 2013, 19 September 201619 September 2016, 24 June 201924 June 2019 and 29 July 2022.