CDP Clearing Rules
Regulatory Notice 6.5—Compensation for corporate action entitlements
1. Rule 6.5.4 provides that, subject to Rule 6.5.5,
(a) a Clearing Member that is due to, but does not, deliver securities in respect of Novated Contracts is liable to compensate CDP for corporate action entitlements that accrue on those securities and that a recipient of those securities would have been entitled to receive but for the delivery failure; and
(b) a Clearing Member that is due to, but does not receive securities in respect of Novated Contracts is entitled to be compensated by CDP for corporate action entitlements that accrue on those securities and that a recipient of those securities would have been entitled to receive but for the delivery failure.
2. Rule 6.5.5 states that Rule 6.5.4 applies only to such types of corporate action entitlements that CDP shall from time to time notify.
3. Rule 6.5.6 states that any compensation under Rule 6.5.4 shall be made in such form and value, and be due by such time, as CDP shall specify. Where CDP requires any action by a Clearing Member to effect such compensation, the Clearing Member shall do so, and shall obtain all necessary authorisation from its Customer to enable it to do so, by such time as CDP shall specify.
4. Appendix A to this Regulatory Notice sets out:
(a) the types of corporate action entitlements to which Rule 6.5.4 applies. CDP may additionally prescribe, as it shall from time to time notify, further types of corporate action entitlements to which Rule 6.5.4 applies; and
(b) the form and value of the compensation to be made, the date on which such compensation is due to be made between the Clearing Member and CDP, and the action required by a Clearing Member to effect such compensation. CDP may replace, vary, supplement or additionally specify, as it shall from time to time notify, the form or value of any compensation to be made under Rule 6.5.4, the due date of such compensation, and the action required by Clearing Member to effect such compensation.
Added on 10 December 201810 December 2018.
Appendix A to Regulatory Notice 6.5
No. | Corporate Action | Action required of Clearing Member to effect compensation | Form and value of compensation | Due date of compensation |
1. | Cash dividend | None | Cash in the currency and amount that the buying Customer would have received but for the failed delivery | Dividend payment date |
2. | Renounceable entitlement (e.g., bonus issue / renounceable rights issue/ dividend in specie) in security that is custodised with CDP | None | The security in the quantity that the buying Customer would have received but for the failed delivery | Credit date of the entitlement |
3. | (a) Non- renounceable entitlement (e.g., non-renounceable rights issue) in security that is custodised with CDP (b) Renounceable or non-renounceable entitlement in security that is not custodised with CDP | None | Cash in a currency and in such amount as determined by CDP based on the closing price of the underlying security as of the closing day of the entitlement exercise period minus the subscription price of the entitlement | One Market Day after CDP determines the compensation amount. |
4. | Conversion | None | The security into which the conversion has been made and in the quantity that the buying Customer would have received but for the failed delivery | Effective date of conversion, i.e. one Market Day after book closure date (BCD+1) |
5. | Bond redemption | Clearing Members to submit settlement instructions for the offsetting trades for settlement with their Customers one Market Day after bond maturity | Cash in a currency and in such amount as determined by CDP based on the cash-settlement methodology described in paragraph 4 of Appendix 2— Determination of Cash Settlement Amount. | Two Market Days after bond maturity date |
6. | Scrip / cash election dividend | Buying Clearing Member shall obtain its Customer's election instruction and submit the same to CDP one Market Day before election closure date (ECD-1). Selling Clearing Member shall inform its Customer of the elected form of compensation upon being notified by CDP of the assignment of elections. | (a) Scrip dividend elected: The security, in the quantity that the buying Customer would have received but for the failed delivery. (b) Cash dividend elected: Cash in the currency and amount that the buying Customer would have received but for the failed delivery. | Dividend payment date |
7. | Currency election dividend | Buying Clearing Member shall obtain its Customer's election instruction and submit the same to CDP one Market Day before election closure date (ECD-1). Selling Clearing Member shall inform its Customer of the elected form of compensation upon being notified by CDP of the assignment of elections. | Cash in the currency elected and in the amount that the buying Customer would have received but for the failed delivery | Dividend payment date |
8. | Partial Offer | Buying Clearing Member shall obtain its Customer's election instruction (as to whether to accept the offer) and submit the same to CDP one Market Day before election closure date (ECD-1). | (a) If the offer consideration is in the form of cash: Cash in the currency and in the amount that the buying Customer would have received but for the failed delivery (b) If the offer consideration is in the form of a securities listed on SGX-ST: The security in the quantity that the buying Customer would have received but for the failed delivery. (c) If the offer consideration is in the form of a security that is non-transferable or not listed on SGX-ST: Cash in a currency as determined by CDP and in the amount that CDP determines is a fair representation of the market value of the security that the buying Customer would have received but for the failed delivery. | Payment date of the partial offer |
9. | Takeover Offer | Buying Clearing Member shall obtain its Customer's instruction (as to whether to accept the offer) and submit the same to CDP within 3 Market Days from election closure date (by ECD+3). | (a) If the offer consideration is in the form of cash: Cash in the currency and in the amount that the buying Customer would have received but for the failed delivery. (b) If the offer consideration is in the form of a security listed on SGX-ST: The security in the quantity that the buying Customer would have received but for the failed delivery. (c) If the offer consideration is in the form of a security that is non-transferable or not listed on SGX-ST: Cash in a currency as determined by CDP and in the amount that CDP determines is a fair representation of the market value of the security that the buying Customer would have received but for the failed delivery. | 6 Market Days from election closure date (ECD+6) |
Added on 10 December 201810 December 2018.