1.01.1
This Rules apply to all Clearing Members and operate as a binding contract between the Clearing House and each Clearing Member and between a Clearing Member and any other Clearing Member and for the exclusive benefit only of the parties to such contract(s). Save as otherwise provided in this Rules, a person who is not a party to this Rules has no rights under the Contracts (Rights of Third Parties) Act 2001 to enforce any terms of this Rules.
Amended on 27 March 200627 March 2006, 22 September 200622 September 2006 and 18 January 2022.
1.01.2
Except where the Clearing House, SGX RegCo, or any person or entity referred to under Rule 1.01.8 otherwise expressly agree with or expressly commit to any party, the benefit of any performance of obligations under:
is restricted to only Clearing Members. The Clearing House, its related corporations, SGX RegCo, any person or entity referred to under Rule 1.01.8, and their respective directors, officers, employees, representatives or agents (the "Relevant Persons") shall have no liability to any other party. In particular, the Relevant Persons shall have no liability to any party affected or aggrieved by any alleged action or omission.
Amended on 27 March 200627 March 2006, 15 September 201715 September 2017 and 3 June 20193 June 2019.
1.01.3
Without prejudice to Rule 1.01.2 or the benefit of any exclusion of liability in any contract or undertaking, the Relevant Persons accept no duty to and therefore shall have no liability whatsoever to any Clearing Member or any Third Party in contract, tort, trust, as a fiduciary or under any other cause of action in respect of any damage, loss, cost or expense of whatsoever nature suffered or incurred by a Clearing Member or any Third Party, as the case may be, arising out of or in connection with the following, or any thing done or not done as a direct or indirect consequence of the following:
Amended on 27 March 200627 March 2006, 26 April 201326 April 2013, 15 September 201715 September 2017 and 3 June 20193 June 2019.
1.01.4
Without prejudice to Rule 1.01.2, and in addition to Rule 1.01.3, each Clearing Member should and must note that in connection with any index used or to be used by the Clearing House for clearing and settlement or in connection or by reference therewith, none of the Relevant Persons or any relevant party that the Clearing House may contract with for the supply of the index or information in relation thereto (each of the foregoing, a "Relevant Party") assume any obligation or liability in connection with the clearing or settlement of any contract based on such index. Accordingly, none of the foregoing parties shall be in any way responsible for any losses, expenses or damages (in all cases direct or indirect) arising in connection with or referable to the clearing or settlement of any contract linked or referable to the said index, provided that nothing herein shall affect either obligations of the Clearing House or its Clearing Members as parties clearing or settling in any contract so linked or referable. None of the Relevant Parties guarantee or warrant or undertake in any manner the accuracy or completeness of any such index or any information or data included in or referable to it.
NONE OF THE RELEVANT PARTIES MAKES ANY WARRANTY OR GIVES ANY GUARANTEE OR UNDERTAKING, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF, OR THE RESULTS TO BE OBTAINED BY ANY PERSON OR ENTITY FROM THE USE OF ANY SUCH INDEX, OR ANY INFORMATION OR DATA INCLUDED IN OR REFERABLE TO IT IN CONNECTION WITH ANY CLEARING OR SETTLEMENT OF ANY CONTRACTS OR FOR ANY OTHER USE. NONE OF THE RELEVANT PARTIES MAKES ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO ANY SUCH INDEX, OR ANY INFORMATION OR DATA INCLUDED IN OR REFERABLE TO ANY SUCH INDEX.
Added on 27 March 200627 March 2006 and amended on 15 September 201715 September 2017.
1.01.5
All Clearing Members are to note the foregoing and ensure that they are taking on Clearing Membership in and/or will carry on as Clearing Members of the Clearing House, transact and will transact by reference to the Clearing House or any Contract or information or action referable to the Clearing House or any of its directors or officers, only on the foregoing basis and will also ensure that they will not open or allow the continued operation of any account for any person with respect to any Contract unless such person has been notified of the foregoing provisions and has satisfied him/herself or itself that the same is acceptable and is accepted.
Amended on 27 March 200627 March 2006.
1.01.6
The Clearing House may waive the application of a Rule (or part of a Rule) to suit the circumstances of a particular case, unless the Rule specifies that the Clearing House shall not waive it. The Clearing House may grant a waiver subject to such conditions as it considers appropriate. Such waiver is only granted if such conditions are satisfied. The Clearing House shall notify any Clearing Member of such waivers as soon as practicable.
Added on 27 March 200627 March 2006.
1.01.7
No waiver by the Clearing House of any event of default or breach of any obligation under this Rules shall constitute a waiver of any other event or breach, and no exercise or partial exercise by the Clearing House of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
Added on 27 March 200627 March 2006.
1.01.8
The Clearing House may delegate, assign or grant authority to exercise any of its rights, powers, authorities and discretions under these Rules, including any right to enforce these Rules, to such person or entity as it may determine in its sole discretion, without consent from any Clearing Member
Where these Rules provide that any power, authority or discretion is to be exercised by the Board, the Board may delegate, assign or grant authority to exercise such power, authority or discretion to any person or entity. The Board may authorise a delegate to sub-delegate.
Added on 15 September 201715 September 2017.
1.01.9
SGX RegCo shall have the authority to exercise any rights, powers, authorities and discretions under these Rules, including the right to enforce these Rules. In the exercise of any such rights, powers, authorities and discretions under these Rules, SGX RegCo shall be bound to the same extent as the Clearing House in respect of any obligations arising from the exercise of such rights, powers, authorities and discretions.
Added on 15 September 201715 September 2017.
1.02.1
The Clearing House may from time to time issue, without limitation, Directives, Practice Notes and Circulars to provide guidance on the interpretation or application of this Rules.
Added on 27 March 200627 March 2006.
1.02.2
Directives, Practice Notes and Circulars may only be used in the manner and for such purposes as expressly contemplated under this Rules. "Directives" are binding notices directing Clearing Members to take corrective or other actions in the interests of a safe and efficient clearing facility or in light of investor protection concerns; "Practice Notes" are non-binding guidelines that seek to explain the application and interpretation of a Rule; "Circulars" are binding notices issued by the Clearing House regarding regulatory and non-regulatory matters pertaining to Clearing Members.
Added on 27 March 200627 March 2006 and amended on 26 April 201326 April 2013 .
1.02.3
In the interpretation of any provision of this Rules, a construction that would promote the purpose or object underlying this Rules (whether the purpose is expressly stated in this Rules or not) is to be preferred to a construction that would not promote that purpose or object.
Added on 27 March 200627 March 2006.
1.03.1
If this Rules include an example of the operation of a rule:
Amended on 27 March 200627 March 2006.
1.04.1
Save as provided in Rule 1.04.2 below, the relationship between the Clearing House and a Clearing Member shall be governed by this Rules, and the prevailing Directives, Practice Notes or Circulars (which may contain prescribed procedures) and terms and conditions governing the operations, facilities and services provided by the Clearing House (together, the "Clearing Member Terms").
Added on 27 March 200627 March 2006.
1.04.2
The Clearing House is only responsible for the performance of those duties which are expressly set out in the SFA, the Act, any applicable legislation and any regulations issued thereunder and the Clearing Member Terms. The Clearing House shall have no implied duties or obligations of any kind whatsoever.
Added on 27 March 200627 March 2006.
1.04.3
The order of precedence of the following instruments applicable to the Clearing House and Clearing Members shall be (in descending order of precedence):
Added on 27 March 200627 March 2006 and amended on 26 April 201326 April 2013.
1.04.4
In the event of any conflict between the provisions of the aforesaid instruments, the provisions in an instrument with a higher level of precedence shall prevail over the provisions in an instrument with a lower level of precedence.
Added on 27 March 200627 March 2006.
1.05.1
The Clearing House is prohibited from making any amendments to this Rules unless it complies with such requirements as prescribed by the Authority, under the SFA or under any applicable laws. In addition to these requirements Board approval is required to effect any Rule amendments. These safeguards are designed to promote regulatory transparency and accountability on the part of the Clearing House with respect to its rulemaking process and thereby promote investor confidence.
Added on 27 March 200627 March 2006 and amended on 31 December 201331 December 2013.
1.05.2
Any amendment to this Rules shall not come into force unless the prescribed time periods for effecting rule amendments as contemplated under or pursuant to the SFA, any regulations issued thereunder and any applicable laws are met.
Added on 27 March 200627 March 2006 and amended on 31 December 201331 December 2013.
1.05.3
Notwithstanding anything to the contrary as set forth above the Clearing House may effect Rule amendments in such manner as directed by the Authority or pursuant to the SFA or other applicable laws.
1.06.1
This Rules shall be governed by and construed in accordance with the laws of Singapore, unless otherwise specified.
Added on 27 March 200627 March 2006 and amended on 31 December 201331 December 2013.
1.06.2
In the event of any inconsistency between any provision of this Rules and the rules of any Relevant Market, the provisions of this Rules shall prevail as between any Clearing Member and the Clearing House.
Added on 27 March 200627 March 2006.
1.06.3
Save as otherwise provided in this Rules, the courts of Singapore shall have exclusive jurisdiction to determine any dispute arising from or in connection with this Rules.
Added on 26 January 200726 January 2007 and amended on 31 December 201331 December 2013.
1.06.4
Rules 1.06.4, 2.02D.1.1, 2.02D.1.2, 2.14.5.2, 7.03A.1.4, 7.03A.5.1 and 7.03A.11, which apply solely to FCM Clearing Members, shall be governed by and construed in accordance with the federal laws of the United States of America. The federal courts of the United States of America shall have non-exclusive jurisdiction to determine any dispute arising from or in connection with such Rules.
Added on 31 December 201331 December 2013.
2.01.1
No Clearing Member shall have any right to receive notices of any General Meetings required to be given under the Articles of Association of the Clearing House, to attend thereat or to vote thereat or to participate in the assets or profits of the Clearing House.
2.01.3
Clearing Membership to the Clearing House shall comprise such classes of Clearing Membership as may from time to time be provided in this Rules. All Clearing Memberships to the Clearing House are granted pursuant, and subject, to this Rules and such other terms and conditions as may be imposed at the Clearing House's discretion.
Amended on 27 March 200627 March 2006.
2.01.4
The Clearing Membership of each Clearing Member is conditional upon such Clearing Member being subject to and bound by this Rules and such other terms and conditions as may be specified in the Clearing Membership certificate issued to such Clearing Member or such other terms as may be prescribed by the Clearing House.
Amended on 27 March 200627 March 2006.
2.01.5
Any member of the Exchange, whose name validly remains on the Register of Members of the Exchange as a "Clearing Member" under the Trading Rules at the close of business on the Qualifying Date shall, subject to this Rules, be deemed to be a Clearing Member on and from the Transfer Date.
2.01.6
All relevant membership certificates issued to such Clearing Members of the Exchange and in effect on the Qualifying Date shall be deemed to continue in full force and effect on and after the Transfer Date as if issued by the Clearing House subject to this Rules.
2.01.7
In consideration of such recognition and continued registration, such Clearing Members shall be deemed thereby to have agreed that they shall observe, comply with and be bound by this Rules and such other terms and conditions as may be specified by the Clearing House. Such Clearing Members shall have the same rights and obligations applicable to them on the Qualifying Date, subject only to such amendments provided under this Rules.
Amended on 27 March 200627 March 2006.
2.02.1
Unless otherwise prescribed by the Clearing House, to be eligible for Clearing Membership as a General Clearing Member, an applicant must satisfy the Clearing House that:—
Amended on 27 March 200627 March 2006, 22 September 200622 September 2006, 10 August 200710 August 2007, 31 December 201331 December 2013 and 29 December 201429 December 2014.
2.02A.1
Unless otherwise prescribed by the Clearing House, to be eligible for Clearing Membership as a Direct Clearing Member, an applicant must satisfy the Clearing House that:—
Added on 27 March 200627 March 2006 and amended on 10 August 200710 August 2007 and 26 April 201326 April 2013.
2.02A.2
Upon admission as a Direct Clearing Member, if there is any downgrade in the rating of the Direct Clearing Member or its holding company such that it falls below the minimum prescribed rating, the Clearing House may, at its absolute discretion, impose additional conditions as it deems fit, for permitting the Direct Clearing Member to continue to clear Contracts through the Clearing House.
Added on 27 March 200627 March 2006 and amended on 10 August 200710 August 2007.
2.02B.1
Unless otherwise prescribed by the Clearing House, to be eligible for Clearing Membership as a Bank Clearing Member, an applicant must satisfy the Clearing House that:—
Added on 10 August 200710 August 2007 and amended on 10 May 201010 May 2010, 3 November 20103 November 2010, 26 April 201326 April 2013, 31 December 201331 December 2013, 22 April 201922 April 2019, 17 July 201917 July 2019 and 18 January 2022.
2.02B.2
Upon admission as a Bank Clearing Member, if there is any downgrade in the rating of the Bank Clearing Member or its parent bank such that it falls below the minimum prescribed rating, the Clearing House may, at its absolute discretion, impose additional conditions as it deems fit, for permitting the Bank Clearing Member to continue to clear Contracts through the Clearing House.
Added on 10 August 200710 August 2007.
2.02C.1
Unless otherwise prescribed by the Clearing House, to be eligible for Clearing Membership as a Remote Clearing Member that clears Non-Relevant Market Contracts, an applicant must satisfy the Clearing House that:
Added on 31 December 201331 December 2013 and amended on 17 July 201917 July 2019.
2.02C.2
Unless otherwise prescribed by the Clearing House, to be eligible for Clearing Membership as a Remote Clearing Member that clears Non-Relevant Market Contracts, an applicant must, in addition to the eligibility criteria prescribed under Rule 2.02C.1, satisfy the Clearing House that:
Added on 31 December 201331 December 2013 and amended on 17 July 201917 July 2019.
2.02C.4
If, at any time, the rating of a Remote Clearing Member or its holding company falls below the rating prescribed by and acceptable to the Clearing House, the Clearing House may in its absolute discretion impose additional conditions in permitting the Remote Clearing Member to continue its clearing activities.
Added on 31 December 201331 December 2013.
2.02D.1
Unless otherwise prescribed by the Clearing House, to be eligible for Clearing Membership as an FCM Clearing Member, an applicant must, in addition to the relevant eligibility criteria prescribed under Rule 2.02, 2.02B or 2.02C, as the case may be, satisfy the Clearing House that:
Added on 31 December 201331 December 2013.
2.03.1
The Clearing House may invite any person of distinction to be an Honorary Clearing Member for such period and on such terms as it deems fit.
2.04.1
An application for Clearing Membership shall be made to the Clearing House and shall be in such form or forms as the Clearing House may from time to time hereafter prescribe. An applicant for Clearing Membership shall provide to the Clearing House such evidence as the Clearing House may require and shall pay such fees as the Clearing House may from time to time hereafter prescribe. The Clearing House may refuse an application for Clearing Membership.
2.05.1
The Clearing House will endeavour to process, consider and decide upon an application to be a Clearing Member in a timely fashion, but owes no obligation to do so.
2.05.2
The Clearing House may require the applicant to provide such evidence as it may require and may require the applicant to be present at such time and place as the Clearing House requires. The Clearing House, if it deems necessary, may conduct such investigation and make enquiries upon the applicant and any information and particulars given by the applicant.
2.05.3
Upon approval of application being granted by the Clearing House, the Clearing House shall promptly notify the applicant in writing.
2.05.4
If the Clearing House refuses an application, it shall notify the applicant in writing of its decision and it shall not be required to give any reason to the applicant for its decision.
2.06.1 Rules
An applicant who has been admitted as a Clearing Member or deemed to have been admitted as a Clearing Member shall comply with this Rules. Without prejudice to the generality of the foregoing the criteria and requirements for Clearing Membership prescribed in this Rules and/or in the Clearing Membership certificate, and/or prescribed by the Clearing House from time to time shall continue to apply even after an applicant has been admitted as a Clearing Member or deemed to have been admitted as a Clearing Member and shall continue to apply during its Clearing Membership. A Clearing Member who fails to comply with such criteria and requirements shall be dealt with in such manner as the Clearing House deems appropriate, including but not limited to suspension of or expulsion from Clearing Membership.
Amended on 27 March 200627 March 2006.
2.06.2 SFA
Every Clearing Member which is licensed or is exempted from licensing but whose activities are still subject to regulation by the SFA and thus by the Authority shall comply with all applicable provisions of the SFA, and any applicable order, circular, direction or other requirement made by the Authority pursuant to the SFA, and shall procure that each of its directors, officers, agents, employees and representatives complies with the same.
Violation of this Rule 2.06 may be a major offence.
Amended on 27 March 200627 March 2006.
2.06A.1
Except for a Bank Clearing Member, a Clearing Member must inform the Clearing House in writing immediately if it or any of its directors, officers, Registered Persons, employees, or agents:—
Amended on 27 March 200627 March 2006, 3 November 20103 November 2010 and 31 December 201331 December 2013.
2.06A.2
A Bank Clearing Member must inform the Clearing House immediately in writing if it or any of its director(s) who is(are) resident in Singapore and/or responsible for its business governed by this Rules, officers, Registered Persons, employees, or agents, in respect of its business governed by this Rules, :—
Added on 3 November 20103 November 2010.
2.07.1
Each General Clearing Member incorporated in Singapore shall at all times :—
not cause or permit its financial resources to fall below its total risk requirement;
not cause or permit its aggregate indebtedness to exceed 1,200% of its aggregate resources; and
comply with the accounting, reporting, book-keeping and any other financial and operational requirements prescribed by the Clearing House.
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007, 3 November 20103 November 2010 and 17 July 201917 July 2019.
2.07.1A
Each Direct Clearing Member incorporated in Singapore shall at all times:—
maintain a base capital of not less than S$5,000,000;
not cause or permit its financial resources to fall below its total risk requirement;
not cause or permit its aggregate indebtedness to exceed 1,200% of its aggregate resources; and
comply with the accounting, reporting, book-keeping and any other financial and operational requirements prescribed by the Clearing House.
Added on 27 March 200627 March 2006 and amended on 10 August 200710 August 2007.
2.07.1B
Each Bank Clearing Member incorporated in Singapore shall at all times:—
or such other amount as may be prescribed by the Clearing House from time to time;
comply with all applicable RRA Financial Requirements; and
comply with the accounting, reporting, book-keeping and any other financial and operational requirements prescribed by the Clearing House in relation to the Bank Clearing Member's business governed by this Rules.
Added on 10 August 200710 August 2007 and amended on 3 November 20103 November 2010, 31 December 201331 December 2013, 22 April 201922 April 2019 and 17 July 201917 July 2019.
2.07.2 [Rule has been deleted.]
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007 and deleted on 10 May 201010 May 2010.
2.07.3
The Clearing House may from time to time prescribe other minimum capital and financial requirements and conditions for exemptions or exceptions therefrom.
2.07.4
The Clearing House reserves the right to call on any of the letters of credit and all other forms of security furnished pursuant to this Rules and apply the proceeds thereof in respect of the Clearing Member's default to the Clearing House and/or its common bond liability under Rule 7A.05 and 7A.06.
Amended on 10 August 200710 August 2007 and 7 August 20127 August 2012.
2.07.5
A Clearing Member shall immediately notify the Clearing House if it fails to meet the minimum capital and financial requirements prescribed in the preceding paragraphs or becomes aware that it will fail to comply with such requirements.
2.07.6
If the Clearing House is notified by a Clearing Member under Rule 2.07.5 or becomes aware (whether or not there has been any notification by the Clearing Member under Rule 2.07.5) that the Clearing Member has failed to comply with the minimum capital and financial requirements prescribed in the preceding paragraphs, the Clearing House may direct the Clearing Member to do one (1) or more of the following actions:—
Amended on 27 March 200627 March 2006 and 10 August 200710 August 2007.
2.07.7
The Clearing House may prescribe for one (1) or more Clearing Members, capital, financial and other requirements in excess of the minimum prescribed under this Rules on the basis of volume, types of positions carried, margin policies, nature of business conducted or to be conducted or its membership in any exchange or market and such other criteria as deemed necessary by the Clearing House.
Amended on 27 March 200627 March 2006.
2.07A.1
Each General Clearing Member or Direct Clearing Member incorporated in Singapore shall immediately notify the Clearing House:—
Amended on 10 August 200710 August 2007, 3 November 20103 November 2010 and 22 April 201922 April 2019.
2.07A.2
If the Clearing House is notified by a Clearing Member under Rule 2.07A.1.1 or becomes aware (whether or not there has been any notification by the Clearing Member under Rule 2.07A.1.1) that such Clearing Member's financial resources have fallen below 120% of its total risk requirement, the Clearing House may direct such Clearing Member to comply with one (1) or more of the directions prescribed under Regulation 7(3) of the SFR (Financial and Margin Requirements).
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007, 3 November 20103 November 2010 and 22 April 201922 April 2019.
2.07A.3
If the Clearing House is notified by a General Clearing Member or a Direct Clearing Member under Rule 2.07A.1.2 or becomes aware (whether or not there has been any notification by such Clearing Member under Rule 2.07A.1.2) that such Clearing Member's aggregate indebtedness has exceeded 600% of its aggregate resources, the Clearing House may direct:—
Amended on 27 March 200627 March 2006 and 10 August 200710 August 2007.
2.07A.4
The Clearing House may from time to time prescribe other early warning financial requirements and conditions for exemptions or exceptions therefrom on all or any of the Clearing Members.
2.07B.1
Each Clearing Member incorporated in Singapore shall:
Amended on 3 November 20103 November 2010 and 22 April 201922 April 2019.
2.07B.2
The Clearing House may from time to time prescribe other notification requirements and conditions for exemptions or exceptions therefrom on all or any of the Clearing Members.
2.07B.3
If the Clearing House is notified by a Clearing Member under Rule 2.07B.1 or becomes aware (whether or not there has been any notification by the Clearing Member under Rule 2.07B.1)that such Clearing Member's financial resources have fallen below 150% of its total risk requirement or that a reportable event in relation to its regulatory capital and liquidity ratios has occurred, the Clearing House may direct such Clearing Member to do one (1) or more of the following actions:—
Added on 10 August 200710 August 2007 and amended on 3 November 20103 November 2010 and 22 April 201922 April 2019.
2.07C.1
For the purpose of Rules 2.07 and 2.07A, a Clearing Member may include one (1) or more qualifying letter(s) of credit deposited with the Clearing House in its calculation of aggregate resources, subject to the total amount payable under the qualifying letter(s) of credit or 50% of its total risk requirement, whichever is lower. In the case of a Clearing Member admitted as a clearing member of the Clearing House and CDP, and which has deposited such qualifying letter(s) of credit with CDP, pursuant to the corresponding provisions in the CDP Clearing Rules, it need not deposit another qualifying letter(s) of credit with the Clearing House.
Amended on 10 August 200710 August 2007 and 29 December 201429 December 2014.
2.07C.2
For the purpose of Rule 2.07C.1, a qualifying letter of credit is a legally enforceable and irrevocable letter of credit that:—
Amended on 10 August 200710 August 2007 and 7 August 20127 August 2012.
2.07C.3
The Clearing House reserves the right to call on any of the qualifying letters of credit furnished pursuant to this Rules and apply the proceeds thereof in respect of the Clearing Member's default to the Clearing House and/or its common bond liability under Rule 7A.05 and 7A.06. In the case of a Clearing Member admitted as a clearing member of the Clearing House and CDP, the Clearing House shall have the discretion to apportion in any manner, the use of the proceeds between the Clearing House and CDP. In deciding on the apportionment, the Clearing House may, in consultation with CDP, take into account factors, including but not limited to, the amount owed by the Clearing Member to the Clearing House and CDP respectively.
Amended on 10 August 200710 August 2007 and 7 August 20127 August 2012.
2.08.1
Each General Clearing Member incorporated outside Singapore shall at all times:—
not cause or permit its adjusted net head office funds to fall below its total risk requirement;
not cause or permit its aggregate indebtedness to exceed 1,200% of its aggregate resources; and
comply with the accounting, reporting, book-keeping and any other financial and operational requirements prescribed by the Clearing House.
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007 and 3 November 20103 November 2010.
2.08.1A
Each Direct Clearing Member incorporated outside Singapore shall at all times:—
maintain net head office funds of not less than S$5,000,000;
not cause or permit its financial resources to fall below its total risk requirement;
not cause or permit its aggregate indebtedness to exceed 1,200% of its aggregate resources; and
comply with the accounting, reporting, book-keeping and any other financial and operational requirements prescribed by the Clearing House.
Amended on 10 August 200710 August 2007.
2.08.1B
Each Bank Clearing Member incorporated outside Singapore shall at all times:—
or such other amount as may be prescribed by the Clearing House from time to time;
comply with all applicable RRA Financial Requirements; and
comply with the accounting, reporting, book-keeping and any other financial and operational requirements prescribed by the Clearing House in relation to the Bank Clearing Member's business governed by this Rules.
Added on 10 August 200710 August 2007 and amended on 25 August 200925 August 2009, 3 November 20103 November 2010, 22 April 201922 April 2019 and 17 July 201917 July 2019.
2.08.1BA Liquidity Resource Requirement
Each Bank Clearing Member incorporated outside Singapore shall deposit liquidity resources with the Clearing House upon the Clearing House's request, if the Clearing House determines that any conditions exist which may threaten the ability of the Bank Clearing Member to satisfy its obligations to the Clearing House and/or CDP under this Rules and the CDP Clearing Rules respectively.
Such liquidity resources shall be an amount up to S$5,000,000, or S$8,000,000 in the case of a Bank Clearing Member who is also a clearing member of CDP, and shall be paid in cash and/or acceptable government securities within such time as determined by the Clearing House.
Added on 22 April 201922 April 2019.
2.08.1D
Each Remote Clearing Member incorporated outside Singapore shall at all times:
maintain a base capital of not less than S$50,000,000;
comply with all applicable RRA Financial Requirements; and
comply with the accounting, reporting, book-keeping and any other financial and operational requirements prescribed by the Clearing House.
Added on 31 December 201331 December 2013 and amended on 22 April 201922 April 2019.
2.08.1E
In addition to the other applicable requirements under Rule 2.08, each FCM Clearing Member shall at all times maintain an adjusted net capital, in accordance with CFTC Regulation 1.17, of not less than US$50,000,000.
Added on 31 December 201331 December 2013.
2.08.2 [Rule has been deleted.]
Amended on 27 March 200627 March 2006 and 10 August 200710 August 2007 and deleted on 10 May 201010 May 2010.
2.08.3
The Clearing House may from time to time prescribe other minimum capital and financial requirements and conditions for exemptions or exceptions therefrom.
2.08.4
The Clearing House reserves the right to use or call on any cash and/or acceptable government securities deposited with the Clearing House or CDP pursuant to Rule 2.08.1B.1, letters of credit and all other forms of security furnished pursuant to this Rules and apply the proceeds thereof in respect of the Clearing Member's default to the Clearing House and/or its common bond liability under Rule 7A.05 and 7A.06.
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007 and 7 August 20127 August 2012.
2.08.5
A Clearing Member shall immediately notify the Clearing House if it fails to meet the minimum capital and financial requirements prescribed in the preceding paragraphs or becomes aware that it will fail to comply with such requirements.
Amended on 10 August 200710 August 2007.
2.08.6
If the Clearing House is notified by a Clearing Member under Rule 2.08.5 or becomes aware (whether or not there has been any notification by the Clearing Member under Rule 2.08.5) that such Clearing Member has failed to comply with the minimum capital and financial requirements prescribed in the preceding paragraphs, the Clearing House may direct such Clearing Member to do one (1) or more of the following actions:—
Amended on 27 March 200627 March 2006 and 10 August 200710 August 2007.
2.08.7
The Clearing House may prescribe for one (1) or more Clearing Members, capital, financial and other requirements in excess of the minimum prescribed under this Rules on the basis of volume, types or positions carried, margin policies, nature of business conducted or to be conducted or its membership in any other exchange or market and such other criteria as deemed necessary by the Clearing House.
Amended on 27 March 200627 March 2006.
2.08A.1
Each General Clearing Member or Direct Clearing Member incorporated outside Singapore shall immediately notify the Clearing House:—
Amended on 10 August 200710 August 2007, 25 August 200925 August 2009, 3 November 20103 November 2010, 31 December 201331 December 2013 and 22 April 201922 April 2019.
2.08A.2
If the Clearing House is notified by a Clearing Member under Rule 2.08A.1.1 or becomes aware (whether or not there has been any notification by the Clearing Member under Rule 2.08A.1.1) that such Clearing Member's adjusted net head office funds have fallen below 120% of its total risk requirement, the Clearing House may direct such Clearing Member to comply with one (1) or more of the directions prescribed under Regulation 7(3) of the SFR (Financial and Margin Requirements).
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007, 25 August 200925 August 2009, 3 November 20103 November 2010, 31 December 201331 December 2013 and 22 April 201922 April 2019.
2.08A.3
If the Clearing House is notified by a Clearing Member under Rule 2.08A.1.2 or becomes aware (whether or not there has been any notification by such Clearing Member under Rule 2.08A.1.2) that such Clearing Member's aggregate indebtedness has exceeded 600% of its aggregate resources, the Clearing House may direct such Clearing Member to comply with one (1) or more of the directions prescribed under Regulation 17(2) of the SFR (Financial and Margin Requirements).
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007, 31 December 201331 December 2013 and 22 April 201922 April 2019.
2.08A.4
The Clearing House may from time to time prescribe other early warning financial requirements and conditions for exemptions or exceptions therefrom on all or any of the Clearing Members.
2.08B.1
Each Clearing Member incorporated outside Singapore shall:
Amended on 10 August 200710 August 2007, 25 August 200925 August 2009, 3 November 20103 November 2010 and 22 April 201922 April 2019.
2.08B.2
The Clearing House may from time to time prescribe other notification requirements and conditions for exemptions or exceptions therefrom on all or any of the Clearing Members.
Amended on 10 August 200710 August 2007.
2.08B.3
If the Clearing House is notified by a Clearing Member under Rule 2.08B.1 or becomes aware (whether or not there has been any notification by the Clearing Member under Rule 2.08B.1)that such Clearing Member's adjusted net head office funds or cash and/or acceptable government securities deposited with the Clearing House or CDP pursuant to Rule 2.08.1B.1 (whichever is applicable), have fallen below 150% of its total risk requirement, or that a reportable event in relation to its regulatory capital and liquidity ratios has occurred, the Clearing House may direct such Clearing Member to do one (1) or more of the following actions:—
Added on 10 August 200710 August 2007 and amended on 25 August 200925 August 2009, 3 November 20103 November 2010 and 22 April 201922 April 2019.
2.08C.1
For the purpose of Rules 2.08 and 2.08A, a Clearing Member may include one (1) or more qualifying letter(s) of credit deposited with the Clearing House in its calculation of aggregate resources subject to the total amount payable under the qualifying letter(s) of credit or 50% of its total risk requirement, whichever is lower. In the case of a Clearing Member admitted as a clearing member of the Clearing House and CDP, and which has deposited such qualifying letter(s) of credit with CDP, pursuant to the corresponding provisions in the CDP Clearing Rules, it need not deposit another qualifying letter(s) of credit with the Clearing House.
Amended on 10 August 200710 August 2007, 3 November 20103 November 2010, 29 December 201429 December 2014 and 17 July 201917 July 2019.
2.08C.2
For the purpose of Rule 2.08C.1, a qualifying letter of credit is a legally enforceable and irrevocable letter of credit that:—
Amended on 10 August 200710 August 2007 and 7 August 20127 August 2012.
2.08C.3
The Clearing House reserves the right to call on any of the qualifying letters of credit furnished pursuant to this Rules and apply the proceeds thereof in respect of the Clearing Member's default to the Clearing House and/or its common bond liability under Rule 7A.05 and 7A.06. In the case of a Clearing Member admitted as a clearing member of the Clearing House and CDP, the Clearing House shall have the discretion to apportion in any manner, the use of the proceeds between the Clearing House and CDP. In deciding on the apportionment, the Clearing House may, in consultation with CDP, take into account factors, including but not limited to, the amount owed by the Clearing Member to the Clearing House and CDP respectively.
Amended on 10 August 200710 August 2007 and 7 August 20127 August 2012.
2.09.1
In addition to the minimum capital and financial requirements in Rule 2.07, every General Clearing Member incorporated in Singapore shall maintain a special reserve fund to which a sum of not less than 30% of the audited net profits of each year shall be transferred out of the net profits after due provision has been made for taxation, so long as the base capital less unappropriated profits in the latest audited accounts is less than S$15,000,000.
Amended on 27 March 200627 March 2006.
2.09.2
The special reserve fund for the time being set aside pursuant to this Rule 2.09 shall not be available for the declaration of dividends without the prior written approval of the Clearing House.
Amended on 27 March 200627 March 2006.
2.10.1
In addition to the minimum capital and financial requirements in Rule 2.08, every General Clearing Member incorporated outside Singapore shall maintain a special reserve fund to which a sum of not less than 30% of the audited net profits of each year shall be transferred out of the net profits after due provision has been made for taxation, so long as the net head office funds is less than S$15,000,000.
Amended on 27 March 200627 March 2006.
2.10.2
The special reserve fund for the time being set aside pursuant to this Rule 2.10 shall not be available for the declaration of dividends without the prior written approval of the Clearing House.
Amended on 27 March 200627 March 2006.
2.11.1 Reduction in Paid-Up Ordinary Share Capital or Paid-Up Irredeemable and Non-Cumulative Preference Share Capital
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007 and 29 December 201429 December 2014.
2.11.2 Preference Share
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007 and 29 December 201429 December 2014.
2.11.3 Qualifying Subordinated Loans
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007, 29 December 201429 December 2014 and 22 April 201922 April 2019.
2.11.4 Making of Unsecured Loan or Advance, Payment of Dividend or Director's Fees or Increase in Director's Remuneration
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007, 29 December 201429 December 2014 and 22 April 201922 April 2019.
2.12.1
Every Clearing Member shall have only such rights and obligations as are set out in the terms and conditions governing its Clearing Membership. Such terms and conditions shall also set out the Contract Class or Contract Classes, as the case may be, that each class of Clearing Membership is eligible to clear. The rights and obligations attaching to such Clearing Member's Clearing Membership may be varied or abrogated by the Clearing House from time to time.
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007 and 3 November 20103 November 2010.
2.12.2
A General Clearing Member can, subject to the Rules and/or unless otherwise notified by the Clearing House:—
Amended on 27 March 200627 March 2006 and 10 August 200710 August 2007.
2.12.3
A Direct Clearing Member can, subject to the Rules and/or unless otherwise notified by the Clearing House:—
Added on 10 August 200710 August 2007.
2.12.4
A Bank Clearing Member can, subject to the Rules and/or unless otherwise notified by the Clearing House:—
Added on 10 August 200710 August 2007.
2.12.5
A Remote Clearing Member can, subject to the Rules and/or unless otherwise notified by the Clearing House:
Added on 31 December 201331 December 2013 and amended on 17 July 201917 July 2019.
2.12A [Rule has been deleted.]
Added on 27 March 200627 March 2006 and deleted on 10 August 200710 August 2007.
2.13.1
A Clearing Member shall, subject to the Rules, also have the following responsibilities and duties:—
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007, 7 August 20127 August 2012, 8 November 20128 November 2012, 31 December 201331 December 2013, 12 November 2018 and 29 July 2022.
2.13A.1
A Clearing Member must assess its business and operational risks and maintain adequate business continuity arrangements.
2.13A.2
A Clearing Member must document its business continuity arrangements in a business continuity plan.
2.13A.3
A Clearing Member's senior management shall be responsible for the Clearing Member's business continuity plan. Sufficient awareness of the risks, mitigating measures and state of readiness must be demonstrated by way of an attestation to the Clearing Member's Board of Directors.
2.13A.5
A Clearing Member must appoint emergency contact persons, and furnish the contact information of such persons to the Clearing House. The Clearing Member's emergency contact persons must be contactable at all times, and must immediately notify the Clearing House in the event of emergencies.
Added on 22 January 200922 January 2009.
2.14.1
Each Clearing Member shall prepare, maintain and keep current those books and records required by this Rules, the SFA any applicable laws. Such books and records shall be open to inspection and promptly provided to the Clearing House upon request.
Amended on 27 March 200627 March 2006 and 31 December 201331 December 2013.
2.14.2
Each Clearing Member must file any information requested by the Clearing House within the time period specified in the request.
2.14.3
Each Clearing Member shall maintain at all times the ability to provide to the Clearing House in an acceptable form a complete set of equity system reports (including, at a minimum, the equity run, open position listing, day trade listing, cash adjustments listing and margin call and debit equity listing). Such reports shall forthwith be available to the Clearing House upon the Clearing House's request. Where such request is made at or before 12 p.m. on a Business Day (the "Request Date"), the Clearing Member shall report the required information up to and as at the two (2) Business Days immediately before the Request Date, and where such request is made after 12 p.m. on a Business Day, the Clearing Member shall report the required information up to and as at the Business Day immediately before the Request Date.
2.14.3A
Each Clearing Member shall submit to the Clearing House, in the manner as prescribed from time to time:—
Added on 22 September 200622 September 2006.
2.14.3B
A Clearing Member must maintain separate accounts for each person whose account is carried on the books of the Clearing Member.
Added on 26 April 201326 April 2013.
2.14.4
Where a Clearing Member at any time fails to make or keep current the books and records required by the Clearing House it shall notify the Clearing House of such failure on the same day, specifying the relevant books and records, and shall thereafter comply with all orders of the Clearing House.
Violation of this Rule may be a major offence.
Amended on 27 March 200627 March 2006.
2.14.5
Added on 31 December 201331 December 2013.
2.14.6
A Clearing Member who:
Added on 31 December 201331 December 2013 and amended on 1 May 20141 May 2014.
2.15.1 Statutory Audit Report for General Clearing Members
Without prejudice to such audit and/or reporting requirements as may be imposed by the Clearing House from time to time, a General Clearing Member shall furnish to the Clearing House within five (5) months of the end of its financial year or within such longer period as may be permitted in writing by the Clearing House, the relevant forms which a General Clearing Member is required to lodge in the prescribed format under Regulation 27(9) of the SFR (Financial and Margin Requirements), the annual accounts duly audited by, and the certificate of, its auditor or auditors who shall be a public accountant or a firm of public accountants acceptable to the Clearing House. The certificate shall pertain to the audit conducted by such auditor or auditors in respect of the financial year aforesaid and shall be in such form prescribed by the Relevant Regulatory Authority.
Reporting obligations of auditors
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007 and 22 April 201922 April 2019.
2.15.1A Audit Report for Direct Clearing Members
Without prejudice to such audit and/or reporting requirements as may be imposed by the Clearing House from time to time, a Direct Clearing Member shall furnish to the Clearing House within five (5) months of the end of its financial year or within such longer period as may be permitted in writing by the Clearing House, the relevant forms which a Direct Clearing Member is required to lodge in the prescribed format under Rule 2.26, the annual accounts duly audited by, and the certificate of, its auditor or auditors who shall be a public accountant or a firm of public accountants acceptable to the Clearing House. The certificate shall pertain to the audit conducted by such auditor or auditors in respect of the financial year aforesaid and shall be in such form prescribed by the Relevant Regulatory Authority.
Reporting obligations of auditors
Added on 27 March 200627 March 2006 and amended on 10 August 200710 August 2007 and 22 April 201922 April 2019.
2.15.1B Audit Report for Bank Clearing Members
Without prejudice to such audit and/or reporting requirements as may be imposed by the Clearing House from time to time, a Bank Clearing Member shall furnish to the Clearing House within five (5) months of the end of its financial year or within such longer period as may be permitted in writing by the Clearing House, the annual accounts duly audited by, and the certificate of its auditor or auditors. The certificate shall pertain to the audit conducted by such auditor or auditors in respect of the financial year aforesaid and shall be in such form prescribed by the Relevant Regulatory Authority.
Reporting obligations of auditors
Added on 10 August 200710 August 2007 and amended on 22 April 201922 April 2019.
2.15.1C Audit Reports for Remote Clearing Members
Without prejudice to such audit and/or reporting requirements as may be imposed by the Clearing House from time to time, a Remote Clearing Member shall furnish to the Clearing House:
Reporting obligations of auditors
Added on 31 December 201331 December 2013 and amended on 22 April 201922 April 2019.
2.15.2 Internal Audit Report
A General Clearing Member, Remote Clearing Member or Bank Clearing Member shall cause its internal auditors to conduct an internal audit of its operations annually or at such times and within such scope as prescribed by the Clearing House and to submit a report of each internal audit conducted and the follow-up actions taken to the Clearing House by such time as may be prescribed by the Clearing House. Without prejudice to the foregoing, where the internal audit is conducted for a Bank Clearing Member, it shall be limited to the Bank Clearing Member's operations governed by this Rules.
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007 and 31 December 201331 December 2013.
2.17 Limit on Lending to Directors, Officers or Employees of General Clearing Members
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007 and 31 December 201331 December 2013.
2.18.1 General
Amended on 27 March 200627 March 2006 and 10 August 200710 August 2007.
2.18.3 Miscellaneous
Nothing in this Rules shall be regarded, treated, or otherwise interpreted as obliging or requiring the Clearing House to recognise any right or entitlement of any Third Party including a Customer unless required to do so by the provisions of the SFA. Any attempt on the part of a Clearing Member to fix the Clearing House with notice of any fact or claim otherwise would be a violation of this Rule.
Violation of this Rule shall be a major offence.
2.19.1 Clearing Requirements
A Clearing Member carrying Omnibus Accounts must maintain with the Clearing House a complete list of all such accounts, and shall notify the Clearing House in writing within three (3) Business Days from the time such an account is either opened or closed. Information for each Omnibus Account must include the account holder's name, account number and the account holder's address, and such other information as the Clearing House may require, and classification of the account as either "Customer" or "House".
2.19.2 Restrictions
The Clearing House is empowered to place restrictions or limitations on each Clearing Member which carries Omnibus Accounts. In making these determinations, the Clearing House may consider:—
Amended on 27 March 200627 March 2006.
2.19.3 Responsibility
A Clearing Member that maintains an Omnibus Account shall be responsible to the Clearing House to ensure that the Omnibus Account is operated at all times in accordance with all relevant provisions of this Rules including the relevant rules on position limits and position accountability, and shall, without prejudice to any other liability it may have, indemnify the Clearing House for any loss or damage or prejudice that the Clearing House may suffer referable to a violation of this Rule (including such loss, damage or costs the Clearing House incurs in taking such measures as it deems in good faith necessary to preserve the integrity of the Clearing House and/or the Exchange in relation to any claim referable to such violation).
Amended on 27 March 200627 March 2006 and 3 August 2020.
2.19.4 Disclosure
An Omnibus Account Holder shall at all times disclose to the Clearing Member carrying that account the gross long and short positions held by that Omnibus Account in each Commodity. Such Clearing Member shall immediately notify the Clearing House and shall promptly comply with all orders of the Clearing House if the Omnibus Account Holder fails to make such disclosure.
An Omnibus Account Holder shall, prior to the first delivery day in a Delivery Month or as otherwise required by the Clearing House, provide the Clearing Member carrying that account with a complete list of the purchase and sale dates of all open positions for that Delivery Month. Such list shall be kept up to date throughout the Delivery Month in order that the delivery procedure of the Clearing House not be impaired.
A Clearing Member that maintains an Omnibus Account shall ensure that its Omnibus Account Holders are aware of this Rule 2.19.
Amended on 22 September 200622 September 2006.
2.20.1
The Clearing House may from time to time establish limits on the positions owned or controlled by any person or persons acting in concert with respect to any Contracts including the Designated Futures Contracts and the Connect Contracts.
Amended on 29 July 2022.
2.20.2
Any person may request for an increase in initial position limit or previously approved position limit by making an application to the Clearing House on forms provided by Clearing House through its Clearing Member carrying the relevant positions for its account on the books of the Clearing Member.
2.20.3
In conjunction with the foregoing, a Clearing Member shall ensure at all times that:—
shall comply with the respective position limits as may be applicable to them individually or collectively as may be prescribed by the Clearing House from time to time.
2.20A.1
The positions of all accounts directly or indirectly owned or controlled by a person or persons, and the positions of all accounts of a person or persons acting pursuant to an express or implied agreement or understanding, and the positions of all accounts in which a person or persons have a proprietary or beneficial interest, shall be cumulated and deemed to be positions of each such persons as if each owned or controlled all cumulated positions individually.
Added on 27 March 200627 March 2006.
2.20A.2
Where any person has exceeded such position limits imposed or approved by the Clearing House, or exceeds such position accountability thresholds, the Clearing House, if it deems it necessary, may subject the Clearing Member to one or more of the following:
- to cease any further increase in the person’s positions;
- to liquidate the person’s positions to comply with the position limits or to reduce it below the position accountability thresholds within such time as may be prescribed by the Clearing House;
- to be subject to higher margin requirements as the Clearing House may impose, in respect of the positions; or
- to trade under such conditions and restrictions as the Clearing House may consider necessary to ensure compliance with the prescribed position limits or to reduce the positions below such position accountability thresholds.
Added on 3 August 2020.
2.20B.1
The Clearing Member shall upon being notified by the Clearing House, withhold:
and shall not release any such profits or monies until such time as determined by the Clearing House.
Added on 1 October 20091 October 2009 and amended on 31 December 201331 December 2013.
2.20B.2
Without prejudice to the foregoing, the Clearing House may withhold any profits due or owing to any Clearing Member from the transaction that resulted in overtrading, or such monies due or owing to such Clearing Member, until such time as determined by the Clearing House.
Added on 1 October 20091 October 2009.
2.20C.1
Upon request by the Clearing House, a Clearing Member shall provide information, including but not limited to, the nature and size of the position, the trading strategy employed with respect to the position, and hedging information (if applicable) of any Person or Persons acting in concert with respect to any Contract when such position accountability thresholds have been exceeded.
Added on 3 August 2020.
2.21.1
Each Clearing Member shall ensure that its Memorandum and Articles of Association or its constitution shall at all times conform to this Rules so as to enable it to observe and perform fully the covenants, terms, stipulations, conditions and other provisions of this Rules and, in so far as may be necessary, each Clearing Member shall amend its Memorandum and Articles of Association or constitution accordingly.
Amended on 27 March 200627 March 2006.
2.22.1
Without prejudice to any other provisions of this Rules, every Clearing Member shall forthwith notify the Clearing House upon, or where practicable, pre-notify the Clearing House of, the happening of all or any of the following events:—
Amended on 27 March 200627 March 2006, 25 August 200925 August 2009, 3 November 20103 November 2010, 31 December 201331 December 2013, 8 October 20188 October 2018 and 18 January 2022.
2.22.2
Such notice or pre-notification shall be in writing and shall be supplied with full particulars of the relevant event together with such further information as the Clearing House may require.
2.22.3
The Clearing House may upon the happening of any of the events described in the preceding Rules 2.22.1.1 to 2.22.1.3 require such Clearing Member to submit itself within five (5) days of the date of its notice (or within such longer period as may be permitted in writing by the Exchange) for re-election as though applying for Clearing Membership for the first time.
Amended on 27 March 200627 March 2006.
2.23.1
Every Clearing Member shall:—
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007, 31 December 201331 December 2013 and 22 April 201922 April 2019.
2.24.1
No General Clearing Member, Remote Clearing Member or Direct Clearing Member may appoint a chief executive officer or deputy chief executive officer unless prior written approval of the Clearing House is obtained.
Amended on 10 August 200710 August 2007 and 31 December 201331 December 2013.
2.24.2A
A Bank Clearing Member must notify the Clearing House in writing at least seven (7) days prior to the appointment of any chief executive officer or deputy chief executive officer.
Added on 10 August 200710 August 2007 and amended on 25 August 200925 August 2009.
2.25.1
A Clearing Member, except for a Bank Clearing Member, shall, unless exempted in writing by the Clearing House, at least thirty (30) days prior to any general meeting whereat new auditors are to be appointed notify the Clearing House in writing of such meeting and shall consult the Clearing House on such appointment.
Amended on 10 August 200710 August 2007.
2.25.2
A Bank Clearing Member shall inform the Clearing House of the appointment of any new auditors within seven (7) days of such appointment.
Added on 10 August 200710 August 2007.
2.26.1
The Clearing House may at any time require any Clearing Member to submit to the Clearing House, as the case may be, financial statements in such form and pertaining to such matters and within such time as may be stipulated by the Clearing House promptly. The Clearing Member shall thereafter comply with such directions as the Clearing House may in its sole discretion issue. Failure to comply with such requirement shall be a major offence.
Amended on 27 March 200627 March 2006.
2.26.2
Each Clearing Member must make and keep as a record formal computations of its capital and financial requirements pursuant to:—
as of the close of business each month, or in the case of capital adequacy report of Bank Clearing Members, quarterly. The computations must be in such form as the Clearing House may prescribe and submitted to the Clearing House within fourteen (14) calendar days after the end of each month, or such time frame as the Clearing House may prescribe.
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007, 31 December 201331 December 2013 and 22 April 201922 April 2019.
2.26.3 [Rule has been deleted.]
Added on 27 March 200627 March 2006 and deleted on 10 August 200710 August 2007.
2.27.1
Each Clearing Member except in the case of a Bank Clearing Member or a Remote Clearing Member, shall immediately notify the Clearing House when any Customer Account and any House Account is under-margined by an amount which exceeds its aggregate resources, except that no notification is required for the Clearing Member's own proprietary House Accounts.
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007 and 22 April 201922 April 2019.
2.27.1A
Each Bank Clearing Member or Remote Clearing Member shall immediately notify the Clearing House when required to do so by the Clearing House when any Customer Account and any House Account is under-margined by such amount as may be determined by the Clearing House.
Added on 27 March 200627 March 2006 and amended on 10 August 200710 August 2007 and 22 April 201922 April 2019.
2.27.2
For the purpose of this Rule 2.27, the full amount of qualifying letters of credit deposited pursuant to Rule 2.07 or 2.08C above shall be taken into account for the calculation of aggregate resources.
Amended on 10 August 200710 August 2007.
2.28.1
A Clearing Member may at any time request the Clearing House to suspend its Clearing Membership. The Clearing House may give effect thereto upon such terms and conditions as the Clearing House may decide.
2.28.2
Any Clearing Member may resign upon giving notice in writing thereof to the Clearing House. Such resignation shall be effective upon the Clearing Member closing out its positions in all Contracts, subject to a minimum period of 30 days from the Clearing House's receipt of its notice of resignation (such period of 30 days being hereafter referred to as the "Minimum Notice Period"). Notwithstanding the foregoing, the Clearing House shall have the discretion to vary the effective date of resignation in the case of a defaulted or suspended Clearing Member.
Amended on 7 August 20127 August 2012.
2.28.2A [Rule has been deleted.]
Added on 7 August 20127 August 2012 and amended on 29 July 201329 July 2013, 30 June 201430 June 2014, 12 November 201812 November 2018 and 17 July 201917 July 2019 and Deleted on 31 October 2024.
2.28.2B [Rule has been deleted.]
Added on 7 August 20127 August 2012 and Deleted on 31 October 2024.
2.28.2C [Rule has been deleted.]
Added on 7 August 20127 August 2012 and amended on 29 July 201329 July 2013, 30 June 201430 June 2014, 12 November 201812 November 2018 and 17 July 201917 July 2019 and Deleted on 31 October 2024.
2.28.2D [Rule has been deleted.]
Added on 7 August 20127 August 2012 and amended on 30 June 201430 June 2014 and 17 July 201917 July 2019 and Deleted on 31 October 2024.
2.28.3
2.28.3.1 A resignation shall not in any way affect the accrued rights and liabilities of the Clearing Member to the Clearing House and other Clearing Members and all such rights and liabilities shall subsist until satisfied or discharged.
2.28.3.2 The Rules, and any Directives as may be imposed by the Clearing House, shall continue to apply, and the Clearing Member shall be required to comply with them, until the effective date of resignation.
Amended on 7 August 20127 August 2012 and 31 October 2024.
2.28.4
Where proceedings have been commenced against any Clearing Member which resigns, such proceedings may with the consent of the Clearing House be stayed or terminated.
Amended on 7 August 20127 August 2012.
2.28A.1
In order to clear the trades of a Trading Member, a Clearing Member shall:—
Added on 11 January 201111 January 2011 and amended on 15 March 201315 March 2013.
2.28A.2
If a Clearing Member wishes to cease clearing the trades of its Trading Member, it shall:—
Added on 11 January 201111 January 2011.
2.28A.3
If a Clearing Member wishes to suspend its clearing arrangement with a Trading Member, it shall:—
Added on 11 January 201111 January 2011.
2.28A.4
A Clearing Member may suspend its clearing arrangement with a Trading Member for not more than 30 days. Before the end of the 30-day period, the Clearing Member must notify the Clearing House in writing of its intention to either resume with the clearing arrangement or cease clearing for the Trading Member. Where the Clearing Member intends to cease clearing for the Trading Member, Rule 2.28A.2 shall apply.
Added on 11 January 201111 January 2011.
2.28A.5
Notwithstanding the cessation or suspension of the clearing arrangement, the Clearing Member shall clear and settle all the trades of the Trading Member which are done right up to the point when the Trading Member has been disabled from entering trades to be cleared by the Clearing Member.
Added on 11 January 201111 January 2011.
2.28B Fictitious Transactions Without Change in Ownership
Added on 19 September 201619 September 2016.
2.28B.1
A Clearing Member shall ensure that it does not clear any trade where the beneficial interest in both sides of the trade belongs to the same person. The Clearing Member's record keeping and audit trails must show that it has taken reasonable measures to establish that both sides of the trade belong to different beneficial owners.
This Rule does not apply in the following circumstances:
Added on 19 September 201619 September 2016.
2.34 Market Disorders, Impossibility of Performance, Emergency Situations and Powers
Amended on 15 September 201715 September 2017.
2.34.1
Without prejudice to Rule 1.01.2, if the Clearing House determines that one (1) of the following conditions is satisfied, namely:—
then:—
Amended on 27 March 200627 March 2006 and 26 April 201326 April 2013.
2.34.1A
If a Clearing Member has been found guilty of a rule violation or is found to have a record of frequent rule violations and inadequate management, which in the opinion of the Clearing House, places or may place the Clearing House at risk or the financial condition of such Clearing Member is such that it jeopardizes or may jeopardize the integrity of the Clearing House, the Clearing House may carry out one (1) or more of the following against the Clearing Member:—
Added on 27 March 200627 March 2006 and amended on 8 October 20188 October 2018.
2.34.1B
If the Clearing House determines that an emergency exists which threatens the financial integrity of the Clearing House or any of the Clearing Members, it may take any of the actions referred to at Rules 2.34.1A.1 to 2.34.1A.6 and/or order special or advance margins or funds to be deposited with the Clearing House from all or any Clearing Member(s) or from Clearing Members having cleared particular long, and/or short contracts which remain open.
As soon as practicable, the Authority shall be notified of such actions. Nothing in this Rule 2.34 shall in any way limit the authority of the Clearing House, SGX RegCo or any other committee or person or entity referred to under Rule 1.01.8 to act in an emergency situation in accordance with this Rules.
Amended on 15 September 201715 September 2017 and 3 June 20193 June 2019.
2.34.2
If the Clearing House determines in accordance with this Rules that an excessive position or unwarranted speculation or any other undesirable situation or practice is developing or has developed which is affecting or capable of affecting a market in a Commodity or any Contract, the Clearing House:
Amended on 26 April 201326 April 2013.
2.34.3
Without prejudice to the generality of Chapter 1, the Clearing House, its related corporations, SGX RegCo, any person or entity referred to under Rule 1.01.8, and their respective directors, officers, employees, representatives and agents shall not be liable to any Clearing Member or any Third Party in respect of any damage, loss, cost or expense of whatsoever nature (whether direct, indirect, special or consequential, including without limitation any loss of business, revenue, goodwill, bargain or profit), suffered or incurred by such Clearing Member or Third Party, arising out of or in connection with, or arising out of or in connection with any thing done or not done as a direct or indirect consequence of, the exercise or non-exercise of powers under Rule 2.34 or the determination of the satisfaction or non-satisfaction of any condition for the exercise of such powers.
Added on 26 April 201326 April 2013 and amended on 15 September 201715 September 2017 and 3 June 20193 June 2019.
2.35.1
Without prejudice to Rule 1.01.2, none of the Clearing House, its related corporations, SGX RegCo, any person or entity referred to under Rule 1.01.8, and their respective directors, officers, employees, representatives or agents ("Relevant Persons") shall be liable for, or for any thing done or not done as a direct or indirect consequence of, any failure, hindrance or delay in performance in whole or in part of the Clearing House's obligations under the terms of this Rules or of any Contract if such failure, hindrance or delay arises out of events or circumstances beyond the Relevant Person's control. Such events or circumstances may include, but are not limited to, acts of God or the public enemy, acts of a civil or military authority other than the acts referred in Rule 2.34 above, embargoes, fire, flood, labour dispute, unavailability or restriction of computer or data processing facilities, energy supplies, or of bank transfer systems or wires, and any other causes beyond the Relevant Person's reasonable control.
Amended on 27 March 200627 March 2006, 15 September 201715 September 2017 and 3 June 20193 June 2019.
2.35.2
On the happening of any one (1) or more of the events or circumstances referred to in Rule 2.35.1 above, the Clearing House and any party affected shall immediately notify the same to the relevant party or parties.
Amended on 27 March 200627 March 2006.
2.35.3
In respect of affected Contracts, the Clearing House shall be entitled at any time after the receipt of such notice by the Clearing House or any relevant Clearing Member or Third Party, to close out some or all Contracts in the relevant Clearing Member's name at a price determined by the Clearing House, or to take such other action as it deems necessary or desirable in respect of some or all of the affected Contracts in the relevant Clearing Member's name or require the relevant Clearing Member to take such action as the Clearing House may direct in respect of the same.
2.35.4
Without prejudice to the generality of the foregoing, the Relevant Persons shall not be liable for, or for any thing done or not done as a direct or indirect consequence of, any failure, hindrance or delay in the performance (in whole or in part) of any of the Clearing House's obligations to Clearing Members with regard to any securities or instruments accepted as margin where such failure, hindrance or delay arises from causes beyond the Clearing House's control, such as but not limited to the failure whether partial or total, interruption or suspension of any depository or custodian or other service ("depository", which expression shall include banks or financial institutions with which cash, securities or instruments are placed with) the Clearing House is using, the termination or suspension of the Clearing House's membership or use of the depository or any variation of the depository's operational timetable, whether or not occasioned by action of the depository operator or other party, or any embargo, unavailability or restriction of bank transfer systems or wires, malfunction or overload of the depository or other emergency.
Amended on 15 September 201715 September 2017 and 3 June 20193 June 2019.
2.36.1
The Clearing House may from time to time for the purposes of meeting the expenses of the Clearing House or otherwise, impose fees, levies and charges to be paid by Clearing Members in such respects and on such terms as the Clearing House may prescribe. The Clearing House shall give notice of such fees, levies and charges by means of Directives or other means as the Clearing House in its sole discretion shall deem fit.
A Clearing Member who fails to pay any fee, levy or charge within thirty (30) days of it becoming payable shall be notified in writing by the Clearing House of such arrears. If the arrears are not paid in by the Clearing Member within ten (10) days of the date of despatch of such notice, the Clearing Member shall be subject to disciplinary proceedings in accordance with this Rules.
2.37.1
All Contracts including Designated Futures Contracts shall be made subject to this Rules, the SFA, SFR and any other applicable laws and all Clearing Members shall ensure that in their agreements with any Third Party to provide its clearing services that it be so provided and agreed.
Amended on 27 March 200627 March 2006, 12 October 200512 October 2005 and 31 December 201331 December 2013.
2.38.1
The responsibility for the conduct and supervision of the Clearing House shall rest with the Board but the Clearing House shall be subject to the supervision of the Authority and any Other Regulator. The Clearing House may enter into arrangements with the Authority as in the opinion of the Board may be conducive to the objectives of the Clearing House and for the supervision of the Clearing House, and the Clearing House may give to the Authority or (subject to the confidentiality provisions of the SFA, SFR, this Rules and/or any applicable laws) any Other Regulator any information or document relating to transactions in the Clearing House or relating to any Clearing Member or any other person who shall be subject to this Rules.
Amended on 31 December 201331 December 2013.
2.39.1
The Clearing House may from time to time make available to a Relevant Market (or its clearing house) all information and documents:
Without prejudice to the generality of the foregoing the Clearing House may from time to time provide a Relevant Market (or its clearing house) with reports on the large positions as determined by the Clearing House from time to time) in any Contract traded on the Relevant Market on the books of any of its Clearing Members. For the avoidance of doubt, this Rule shall apply to the provision of information or documents to a Participating Market, in relation to transactions in respect of Designated Futures Contracts.
The Clearing House may from time to time provide any information in relation to any Clearing Member or its account(s) to the Exchange.
Amended on 1 October 20091 October 2009.
2.43.1
Except as otherwise specifically provided by this Rules, any notice to any Clearing Member shall be effected by way of letter or facsimile or any electronic means (as the Clearing House shall in its sole discretion deem fit) and, in the case of delivery by letter or facsimile, respectively posted or delivered personally to the last known address or sent to the facsimile number of the Clearing Member as notified to the Clearing House.
2.43.2
Such notice to the Clearing Member shall be deemed to have been duly served, if delivered personally, immediately upon delivery, or if transmitted by facsimile, upon the generation of a successful transmission report from the facsimile machine, or if sent by prepaid post, two (2) days (for local mail) and seven (7) days (for overseas airmail) after posting and in proving the same it shall be sufficient to show that such notice, demand or communication was (in the case of delivery) duly addressed, or (in the case of sending by prepaid post) contained in an envelope which was duly addressed, stamped and posted, or (in the case of facsimile transmission) was duly transmitted from the despatching facsimile machine, as evidenced by a successful transmission report generated by such machine.
3.01.1
The Disciplinary Committee may conduct hearings and investigations on those matters over which it is assigned jurisdiction by Chapter 4.
3.01.2
The Disciplinary Committee comprises persons appointed by the SGX RegCo Board and shall not have a member, who is, or who within three years of the proposed appointment date was, a director, officer or employee of:
Added on 27 March 200627 March 2006 and amended on 15 September 201715 September 2017 and 3 June 20193 June 2019.
3.01.3
The SGX RegCo Board shall appoint the chairman and deputy chairman of the Disciplinary Committee. In the absence of the chairman, the deputy chairman will have all the powers of the chairman.
Added on 27 March 200627 March 2006 and amended on 15 September 201715 September 2017 and 3 June 20193 June 2019.
3.01.8
Procedures may be issued in relation to Disciplinary Committee proceedings. The procedures are binding on all the parties to the proceedings and may be varied by the Disciplinary Committee as provided in the procedures or this Rules. Where any matter is not dealt with by the procedures or this Rules, the Disciplinary Committee may establish its own procedures.
Refer to the [Disciplinary Committee and Appeals Committee Handbook].
Added on 27 March 200627 March 2006 and amended on 3 June 20193 June 2019.
3.02.1
The Appeals Committee may conduct appellate hearings and investigations over which it is assigned jurisdiction by Chapter 4.
3.02.2
The Appeals Committee shall comprise persons appointed by the SGX RegCo Board and approved by the Authority provided that:—
Added on 27 March 200627 March 2006 and amended on 15 September 201715 September 2017 and 3 June 20193 June 2019.
3.02.3
The powers of the Appeals Committee include:—
Added on 27 March 200627 March 2006 and amended on 15 September 201715 September 2017 and 3 June 20193 June 2019.
3.02.3A
A failure to comply with any sanction imposed by the Appeals Committee constitutes a breach of this Rules.
Added on 3 June 20193 June 2019.
3.02.4
The SGX RegCo Board shall appoint the chairman and the deputy chairman of the Appeals Committee. In the absence of the chairman, the deputy chairman will have all the powers of the chairman.
Added on 27 March 200627 March 2006 and amended on 3 June 20193 June 2019.
3.02.9
Procedures may be issued in relation to Appeals Committee proceedings. The procedures are binding on all the parties to the proceedings and may be varied by the Appeals Committee as provided in the procedures or this Rules. Where any matter is not dealt with by the procedures or this Rules, the Appeals Committee may establish its own procedures.
Refer to the [Disciplinary Committee and Appeals Committee Handbook].
Amended on 3 June 20193 June 2019.
4.01.1
This Rules are intended to ensure the financial integrity of the Clearing House and to try to ensure its ability to discharge its clearing or other obligations to the Relevant Markets and to provide protection to its Clearing Members against unwarranted liability arising otherwise than as a consequence upon its own clearing of Contracts. To that end, the Clearing House may carry out investigations and may establish committees to hear charges or appeals and impose fines or other disciplinary actions for violations of any provision of this Rules.
Amended on 27 March 200627 March 2006 and 15 September 201715 September 2017.
4.01A.1
The Clearing House may conduct an investigation if:—
Added on 27 March 200627 March 2006 and amended on 31 December 201331 December 2013.
4.01A.2
The Clearing House will conduct an investigation if the Authority or any Other Regulator directs.
Added on 27 March 200627 March 2006 and amended on 31 December 201331 December 2013.
4.01A.3
The Clearing House may require a Clearing Member, any of its directors, officers, employees or agents to:—
Added on 27 March 200627 March 2006.
4.01A.4
A Clearing Member, director, officer, employee or agent must not wilfully make, furnish or permit the making or furnishing of any false or misleading information, statement or report to the Clearing House.
Added on 27 March 200627 March 2006.
4.01A.5
The Clearing House may appoint any person or persons to assist in its investigation (the "Clearing House Examiners").
Added on 27 March 200627 March 2006.
4.01A.6
The Clearing House may delegate all or any of its powers under this Rule to the Clearing House Examiner. The Clearing House Examiner must report the results of the investigation to the Clearing House.
Added on 27 March 200627 March 2006.
4.01B.1
The Clearing House may conduct an inspection on a Clearing Member at any time, and may appoint any person or persons to conduct the inspection (the "Clearing House Inspectors").
Added on 27 March 200627 March 2006.
4.01B.2
A Clearing Member, director, officer, employee or agent must give the Clearing House Inspector access to all information, books and records as requested. For the avoidance of doubt, reference to "information, books and records" in relation to a Bank Clearing Member shall refer to information, books and records falling within the Bank Clearing Member's business governed by this Rules.
Added on 27 March 200627 March 2006.
4.01B.3
The Clearing House will give a copy of the inspection report to the Clearing Member concerned.
Added on 27 March 200627 March 2006.
4.01B.4
The Clearing House may charge a fee for the inspection. The fee is payable immediately by Clearing Members.
Added on 27 March 200627 March 2006.
4.02A.1
If an investigation or inspection reveals that a Clearing Member has breached any Rules, the Clearing House may take any of the following forms of disciplinary action, namely:
Amended on 27 March 200627 March 2006 and 16 May 201116 May 2011.
4.02A.1A
If the Clearing Member does not accept the offer of composition or comply with the terms of the composition within the stipulated time as prescribed by the Clearing House, the Clearing House may refer the said Clearing Member to the Disciplinary Committee.
Added on 16 May 201116 May 2011.
4.02A.2
No proceeding or determination in respect of a Rule violation shall be annulled, avoided, called into question or set aside by reason of the fact that the matter under consideration may or should have been dealt with by another committee under this Rules, or that the person concerned was absent from the hearing or any adjournments thereof despite having been given notice thereof.
Amended on 27 March 200627 March 2006.
4.02B.1
The Clearing House may make an offer of composition to a Clearing Member if an investigation or inspection shows that the Clearing Member may have breached any Rules. The terms of the offer of composition include payment of a specified sum to the Clearing House and may include the fulfillment of any accompanying terms that the Clearing House may prescribe.
Added on 16 May 201116 May 2011.
4.02B.2
Upon payment of the specified sum and fulfillment of the accompanying terms by the Clearing Member within the stipulated time, no further proceedings shall be taken against that Clearing Member for that Rule violation.
Added on 16 May 201116 May 2011.
4.02B.3
Acceptance of the offer of composition by the Clearing Member amounts to an admission of liability and the Member will be deemed to have committed the conduct described in the charge.
Added on 16 May 201116 May 2011.
4.02B.4
In respect of Rule violations which the Clearing House may offer composition, guidelines on the range of composition which the Clearing House may offer to a Clearing Member who has committed a Rule violation are indicated in Schedule A.
Added on 16 May 201116 May 2011.
4.02B.5
The Clearing House retains the discretion to offer composition to a Clearing Member of an amount which does not fall within these guidelines, except that the amount of composition that the Clearing House may offer to a Clearing Member shall not exceed S$10,000 for each Rule violation.
Added on 16 May 201116 May 2011.
4.02B.6
Notwithstanding that a Rule violation is indicated as being compoundable or may be compoundable under Schedule A, the Clearing House retains the discretion not to make an offer of composition to the Clearing Member but instead, to charge the Clearing Member before the Disciplinary Committee.
Added on 16 May 201116 May 2011.
4.02B.7
If the Clearing House has made an offer of composition, it will not commence disciplinary proceedings against a Clearing Member until after the stipulated period for the offer lapses.
Added on 16 May 201116 May 2011.
4.02B.8
For the purposes of determining whether a Rule violation is classified as a first, second, third or subsequent offence under Schedule A, only previous violations under the same Rule will be taken into consideration.
Added on 16 May 201116 May 2011.
4.03A.1
The Clearing House may initiate disciplinary proceedings and charge a Clearing Member before the Disciplinary Committee if the Clearing House is of the opinion that the Clearing Member has committed any of the following: —
Added on 27 March 200627 March 2006 and amended on 31 December 201331 December 2013 and 3 June 20193 June 2019.
4.03A.1A
The Disciplinary Committee shall, as a tribunal of first instance hear and determine charges brought by the Clearing House against a Clearing Member pursuant to Rule 4.03A.1. The Disciplinary Committee may exercise its powers against a Clearing Member if it is satisfied, on a balance of probabilities, that the Clearing Member has committed any of the matters set out in Rule 4.03A.1.
Added on 3 June 20193 June 2019.
4.03A.2
The Disciplinary Committee may exercise its powers against a Clearing Member if a director, officer, employee or agent breaches, or causes the Clearing Member to breach this Rules.
Added on 27 March 200627 March 2006.
4.03A.3
A former Clearing Member, is bound by this Rules in respect of acts or omissions occurring before expulsion. The Clearing House and the Disciplinary Committee retain their respective jurisdiction notwithstanding expulsion.
Added on 27 March 200627 March 2006.
4.03A.4
The powers of the Disciplinary Committee include:—
Added on 27 March 200627 March 2006 and amended on 10 August 200710 August 2007, 22 February 201022 February 2010 and 3 June 20193 June 2019.
4.03A.5
Where a mandatory minimum penalty has been stipulated for a particular Rule violation in the seventh column of Schedule A, the Disciplinary Committee:
Added on 16 May 201116 May 2011 and amended on 3 June 20193 June 2019.
4.03A.6
A failure to comply with any sanction imposed by the Disciplinary Committee constitutes a breach of this Rules.
Added on 3 June 20193 June 2019.
4.04A.7 Decision of Disciplinary Committee
Amended on 3 June 20193 June 2019.
4.05A.1
The Clearing House or the Clearing Member charged may appeal to the Appeals Committee against the decision of the Disciplinary Committee.
Added on 27 March 200627 March 2006.
4.05A.2
The decision of the Appeals Committee is final and binding.
Amended on 27 March 200627 March 2006.
4.06A.3 Appeals By Rehearing
The Appeals Committee will determine the appeal by way of rehearing. It will only rehear that part of the decision of the Disciplinary Committee appealed against.
Added on 27 March 200627 March 2006 and amended on 3 June 20193 June 2019.
4.06A.8 Decision of Appeals Committee
Amended on 3 June 20193 June 2019.
4.07A.1
The Disciplinary Committee or Appeals Committee may require the Clearing Member charged to pay all or part of the costs of the investigation, inspection or hearing.
Added on 27 March 200627 March 2006.
4.07A.2
The Disciplinary Committee or Appeals Committee may order the costs awarded to be paid within fourteen (14) days.
Added on 27 March 200627 March 2006.
4.07A.3
Where an order for costs of the proceedings has been imposed against a Clearing Member and the Clearing Member does not make payment within the specified period, the outstanding sum shall be a debt payable to the Clearing House. The Clearing House may commence legal action to recover that debt, subject to any subsequent payments made by the Clearing Member. The Clearing House shall be entitled to claim reasonable interest, a month after the payment is due, based on the sum outstanding.
Added on 3 June 20193 June 2019.
4.08A.1
A fine must be paid within fourteen (14) days from the date of notice, or such longer time as the chairman of the Disciplinary Committee or the Appeals Committee (as applicable), or his nominee, permits.
Added on 27 March 200627 March 2006.
4.08A.2
If the fine remains unpaid after the deadline, the Clearing Member's access to the clearing system established and maintained by the Clearing House may be suspended. The suspension ends upon full payment of the fine.
Added on 27 March 200627 March 2006.
4.08A.3
Where a fine has been imposed against a Clearing Member and the Clearing Member does not make payment within the specified period, the outstanding sum shall be a debt payable to the Clearing House. The Clearing House may commence legal action to recover that debt, subject to any subsequent payments made by the Clearing Member. The Clearing House shall be entitled to claim reasonable interest, a month after the payment is due, based on the sum outstanding.
Added on 3 June 20193 June 2019.
4.09 [Rule has been deleted.]
Amended on 12 October 200512 October 2005 and deleted on 27 March 200627 March 2006.
4.09A.1
The Clearing House will notify all Clearing Members and Authorised Clearing Members of all charges established by the Disciplinary Committee (together with such details as the Clearing House thinks appropriate).
Added on 8 June 20058 June 2005.
4.09A.2
The Clearing House may make the decision public (together with such details as the Clearing House thinks appropriate). For avoidance of doubt, this includes publication of the following information:—
Added on 8 June 20058 June 2005 and amended on 27 March 200627 March 2006.
4.09A.3
This Rule operates as irrevocable consent by a Clearing Member and an Authorised Clearing Member for the Clearing House to publish or notify a decision. The consent remains valid and effective notwithstanding that the person ceases to be a Clearing Member or Authorised Clearing Member. A Clearing Member or Authorised Clearing Member cannot initiate any action or proceeding against the Clearing House or members of the Disciplinary Committee or Appeals Committee for publishing or notifying a decision under this Rule.
Added on 8 June 20058 June 2005.
4.09B.1
No liability (whether in contract, tort or otherwise) shall be incurred by the Disciplinary Committee, Appeals Committee, the Clearing House, or a manager appointed under Rule 4.03A.4.12 for anything done or omitted to be done with reasonable care and in good faith in the course of or in connection with:
Added on 3 June 20193 June 2019.
4.10.2
Major offences may be dealt with by expulsion, suspension, fine not exceeding S$250,000 or, in the case of a delivery contract, as provided in the relevant Contract Specifications or by both suspension and fine.
Amended on 27 March 200627 March 2006 and 22 February 201022 February 2010.
4.10.3
Minor offences may be dealt with by a fine not exceeding S$10,000 or suspension for not more than one (1) year, or both.
4.11.1
Each occasion on which a rule violation occurs or is repeated shall be regarded as a distinct offence. Where the rule violation concerned results in a condition or state of affairs that unless rectified is liable to continue, the Clearing Member shall be liable to pay, on being called upon to do so by the Clearing House or, if the Clearing Member has been charged, the relevant body hearing the matter, a fine not exceeding S$250,000 in the case of a major offence, or a fine not exceeding S$10,000 in the case of a minor offence, as the Clearing House or the relevant body hearing the matter may determine, for every day during which the said rule violation, condition or state of affairs continues.
Amended on 27 March 200627 March 2006 and 15 September 201715 September 2017.
4.12.1
It shall be a major offence for a Clearing Member charged to:—
Amended on 27 March 200627 March 2006, 15 September 201715 September 2017, 12 November 201812 November 2018 and 3 June 20193 June 2019.
4.12.2
For the avoidance of doubt, it shall be a major offence for a Clearing Member to:—
Without prejudice to the foregoing, it may, at the determination of the Clearing House, be a major offence if a Clearing Member commits an offence or violation as a member of any Relevant Market.
Amended on 27 March 200627 March 2006.
4.13.1
Without prejudice to this Rules, it shall be an minor offence for a Clearing Member to:—
Amended on 27 March 200627 March 2006, 15 September 201715 September 2017 and 3 June 20193 June 2019.
4.15.1
Each Clearing Member indemnifies each of the Clearing House, its related corporations, SGX RegCo, any person or entity referred to under Rule 1.01.8, and their respective directors, officers, employees, representatives and agents ("Indemnified Persons") against any loss or liability reasonably incurred or suffered by an Indemnified Person where such loss or liability arose out of or in connection with:—
Amended on 27 March 200627 March 2006, 26 April 201326 April 2013, 15 September 201715 September 2017 and 3 June 20193 June 2019.
4.15.2
Without prejudice to the generality of Rule 4.15.1, in the event that any legal, arbitration or other proceedings are brought to impose any liability on all or any of the Indemnified Persons for an alleged failure on the part of any Indemnified Person to prevent or to require action by a Clearing Member or any of its directors, officers, employees, representatives or agents, the Clearing Member shall reimburse the relevant Indemnified Persons for:—
The Clearing Member shall render such co-operation as the Indemnified Person reasonably requires in respect of such proceedings including without limitation the production of any document or records.
Added on 26 April 201326 April 2013 and amended on 15 September 201715 September 2017.
4.15.3
Without prejudice to Rule 4.15.2, the Clearing Member shall pay to an Indemnified Person, if the Indemnified Person so requires, the costs incurred by or on behalf of the Indemnified Person of producing or obtaining, pursuant to a court order or other legal process, records relating to the business or affairs of a Clearing Member or any of its directors, officers, representatives, employees or agents, regardless of the party requiring such production or obtainment.
Added on 26 April 201326 April 2013 and amended on 15 September 201715 September 2017.
4.16.1
It is the policy of the Clearing House to maintain a forum for the resolution of any dispute between Clearing Members arising out of transactions on the Clearing House or of other matters pertaining to the Clearing House.
Any Clearing Member who has a dispute, grievance or complaint against another Clearing Member may refer the matter to arbitration in accordance with Chapter 5 or may file a written complaint with the Clearing House as appropriate.
Amended on 27 March 200627 March 2006.
4.16.2
A Clearing Member who fails to exhaust the procedures set out above and in Chapter 5 may be found to have engaged in conduct which is substantially detrimental to the interest of the Clearing House.
4.16.3
A Clearing Member found guilty of having engaged in conduct which is substantially detrimental to the interest of the Clearing House may, in addition to the disciplinary actions prescribed for a major offence, be required to pay the Clearing House an amount computed to include the costs and expenses, including legal fees on an indemnity basis, incurred by the Clearing House in defending or responding to any proceeding by such Clearing Member.
4.16.4
A Clearing Member who believes that another Clearing Member or the Clearing House or its officials, officers, employees or representatives has acted in contravention of the law or this Rules may, without violating this Rule, complain directly to the Authority.
4.17.1
For the purposes of this Rule:—
"Reciprocal Arrangement" means any agreement or arrangement between the Clearing House, any Relevant Market and/or any governmental agency or regulatory authority (including, without limitation, a futures exchange, organised market, or clearing house) in Singapore or elsewhere whose functions include the regulation of trading in commodities (in Singapore or elsewhere) which provides for the disclosure of information between the Clearing House, the Relevant Market and/or the other agency or authority relation to dealings in commodities (in Singapore or elsewhere).
Amended on 8 October 20188 October 2018.
4.17.2
Without derogating from the powers of the Clearing House or any Relevant Market (where the Clearing Member is also a member) to obtain information and to conduct inspections and investigations relative to the affairs of a Clearing Member, the Clearing House may request in particular that a Clearing Member provide specified information relating to the terms and circumstances of, and parties to, any dealings in commodities by Customers and/or former Customers of that Clearing Member.
Such request shall be in writing and the Clearing Member shall provide the information to the Clearing House within such period as is specified by the Clearing House being a period of not less than two (2) Business Days of receipt of the request.
Amended on 27 March 200627 March 2006.
4.17.3
Subject to the other provisions of this Rules, the Clearing House shall take all reasonable measures to protect from unauthorised use or disclosure of information provided to the Clearing House in confidence by or on behalf of a Clearing Member pursuant to this Rules. Disclosure of information by the Clearing House is authorised if it:
Amended on 27 March 200627 March 2006 and 17 July 201917 July 2019.
4.17.4
Nothing in this Rule 4.17 limits what may at common law otherwise constitute, for the purposes of this Rule, authorised use or disclosure of information.
5.01.1 Dispute Resolution Involving Contracts (Excluding Deliverable Commodity Futures Contracts)
Added on 27 March 200627 March 2006 and amended on 22 September 200622 September 2006, 26 January 200726 January 2007 and 26 November 200726 November 2007.
5.01.2 Dispute Resolution Involving Deliverable Commodity Futures Contracts
Added on 22 September 200622 September 2006 and amended on 26 January 200726 January 2007, 26 November 200726 November 2007 and 1 October 20091 October 2009.
5.02.1
The submission of any dispute to arbitration under this Rules shall in no way limit or preclude the taking of any other step or exercise of any power by the Clearing House in relation to the dispute.
6.01.1
Any delivery of Commodities under any Contract cleared by the Clearing House shall be made in accordance with the relevant Contract Specifications and, if not so dealt with, with the provisions of this Chapter and by such other requirements as the Clearing House may prescribe from time to time (collectively "Delivery Rules").
Amended on 22 September 200622 September 2006 and 1 October 20091 October 2009.
6.01.1A
In the case of a Contract traded on the Exchange, the Delivery Rules shall include the Trading Rules.
Added on 1 October 20091 October 2009.
6.01.1B
For the avoidance of doubt, this Chapter shall apply in respect of all matters relating to the rights, obligations and liabilities of the Clearing House as against any Clearing Member, regardless of the Relevant Market on which the Contract is traded, unless otherwise provided under this Chapter.
Added on 1 October 20091 October 2009.
6.01.1C
Eligible Non-Relevant Market Contracts shall be settled or delivered in accordance with the relevant Delivery Rules.
Added 27 March 200627 March 2006 and amended on 22 September 200622 September 2006, 1 October 20091 October 2009 and 8 November 20128 November 2012.
6.01.2
Cash-settled Contracts which remain open at maturity may be satisfied by payment of cash.
Any Contracts other than cash-settled Contracts which remain open at maturity may be liable to delivery in accordance with the Delivery Rules.
Amended on 22 September 200622 September 2006.
6.02A.1 Clearing Member Causes Compliance with and Guarantees Delivery Obligations
A Clearing Member sponsoring a Trading Member, or a member of any other Relevant Market, carrying an account for a Seller or Buyer or a Clearing Member carrying an account for a Seller or Buyer shall cause its Seller or Buyer (as the case may be) to comply with all relevant Delivery Obligations for the underlying Commodity under a Contract or delivery contract including those relating to the delivery of information, documents or the underlying Commodity to the Clearing House or to clearing members of the opposite Buyer or Seller (hereafter referred to as the "counterparty clearing member" for the purposes of this Chapter), and shall comply with all time limits in accordance with the Delivery Rules.
For the avoidance of doubt, a counterparty clearing member referred to in this Chapter and Rule 7.04.1B shall include a Clearing Member and the clearing member of any other Relevant Market (or its clearing house) of the opposite Buyer or Seller notwithstanding that such counterparty clearing member is not a Clearing Member.
Added on 22 September 200622 September 2006 and amended on 1 October 20091 October 2009.
6.02A.2
A Clearing Member sponsoring a Trading Member, or a member of any other Relevant Market, carrying an account for a Seller or Buyer or a Clearing Member carrying an account for a Seller or Buyer shall guarantee and assume complete responsibility to the counterparty clearing member, for the performance of all Delivery Obligations in accordance with the relevant Delivery Rules.
Added on 22 September 200622 September 2006 and amended on 1 October 20091 October 2009.
6.02A.3
Violation of Rule 6.02A.1 or Rule 6.02A.2 may constitute a major offence.
Added on 22 September 200622 September 2006.
6.02A.4 Insolvent Clearing Member
In the event of the Clearing House becoming aware of a Clearing Member becoming insolvent or being deemed insolvent after having given any relevant delivery notices or acceptance notices with respect to its Delivery Obligations to the Clearing House, then, notwithstanding the preceding, the Clearing House shall be entitled but not obliged to permit the relevant Sellers or Buyers (as the case may be) of the Clearing Member (if their identities can be readily ascertained and verified) to be directly substituted for such Clearing Member to the extent necessary to effect and/or complete delivery. None of the requirements for delivery, including notices, instructions, payment, etc., shall be waived by the Clearing House in exercising such option. Moreover, substitution shall in no way relieve the insolvent Clearing Member of its obligations to the Clearing House and/or the counterparty clearing member with regard to any claims arising out of that delivery.
Added on 22 September 200622 September 2006 and amended on 1 October 20091 October 2009.
6.02A.5
For the purposes of Rule 6.02A, a Clearing Member becomes or shall be deemed insolvent on the occurrence of any of the events stated in Rule 7A.01.3.
Added on 22 September 200622 September 2006 and amended on 7 August 20127 August 2012.
6.02A.6 No Physical Delivery Obligations on Clearing House
Except as otherwise provided in this Rules, the Clearing House accepts no and is to have no liability either to effect or ensure or guarantee the discharge or satisfactory discharge of any obligation under a delivery contract. The obligations of the Clearing House with respect to the delivery contract shall be limited only to the discharge of its escrow obligations (where applicable) in accordance with this Rules and/or the relevant Contract Specifications. For the avoidance of doubt, Rule 7.04 does not apply to any delivery contract.
Added on 22 September 200622 September 2006 and amended on 26 January 200726 January 2007.
6.02A.7 Matching and Re-Novation
Added on 22 September 200622 September 2006 and amended on 26 January 200726 January 2007, 1 October 20091 October 2009, 22 February 201022 February 2010 and 22 April 201022 April 2010.
6.02A.7A Cash Settlement
Without prejudice to Rule 6.09, unless otherwise provided in the relevant Contract Specifications, matched positions of lot sizes less than the minimum size prescribed under the relevant Contract Specifications for physical delivery existing after the matching process in Rule 6.02A.7 has been effected, shall be cash-settled in accordance with the relevant Contract Specifications.
Added on 26 January 200726 January 2007.
6.02A.7B Posting of Performance Deposits and Payment of Contract Value
Unless otherwise provided in the relevant Contract Specifications, Performance Deposits and contract value shall, for the purposes of Rule 6.02A.7 and Rule 7.04.3.3, be deemed to have been posted or paid as follows:
Added on 22 February 201022 February 2010 and amended on 26 April 201326 April 2013.
6.02A.8 Method of Matching
Added on 22 September 200622 September 2006 and amended on 1 October 20091 October 2009.
6.02A.9 Forms for Matching
The Clearing House may prescribe such forms and/or other requirements for the giving of relevant notice, initiating and/or completing delivery under a Contract and/or necessary to enable the Clearing House to effect the required matching of the relevant parties to effect delivery as between them as are consistent with the relevant Delivery Rules. If a Clearing Member fails to give the relevant delivery notice or acceptance notice within the prescribed time, the Clearing House shall be entitled to match such Clearing Member with the relevant counterparty. Matching may be in accordance with the preference(s) of such opposite counterparty.
Added on 22 September 200622 September 2006 and amended on 1 October 20091 October 2009.
6.02A.9A Notification of Matching
The Clearing House shall notify the relevant matched parties in such manner and at such time as specified in the relevant Contract Specifications.
Added on 1 October 20091 October 2009.
6.02A.10 Force Majeure
Added on 22 September 200622 September 2006 and amended on 1 October 20091 October 2009.
6.02A.11 Cessation of Collection of Margins
The Clearing House shall cease to collect margins for a Contract after such time as it ceases to act as a central counterparty pursuant to Rule 6.02A.7 or Rule 6.09.3.
Added on 22 September 200622 September 2006 and amended on 26 January 200726 January 2007.
6.02A.12 Electronic Documentation
The Clearing House retains the discretion to accept delivery of Title Documents in either physical or electronic format and subject to such safeguards as it deems fit.
Added on 22 September 200622 September 2006.
6.02A.13 Clearing House does not Verify Authenticity of Documents or Check Commodity
The Clearing House shall have no responsibility or liability to any person:
Added on 22 September 200622 September 2006 and amended on 26 January 200726 January 2007 and 1 October 20091 October 2009.
6.02A.14 Clearing House does not Check and is not Liable for Designated Delivery Facility
The Clearing House shall have no responsibility or liability to any person:
Added on 22 September 200622 September 2006 and amended on 26 January 200726 January 2007.
6.02A.15 Disclaimers
The Clearing House disclaims any liability arising from or in connection with the delivery or non-delivery of Title Documents by the clearing member of any Seller and any irregularities in the transfer of title and/or possession in the underlying Commodity from the Seller to the Buyer.
In no event shall the Clearing House be liable for releasing any payment in exchange for documents that appear bona fide on their faces.
Added on 22 September 200622 September 2006 and amended on 26 January 200726 January 2007 and 1 October 20091 October 2009.
6.03.1
Any delivery default under the relevant Contract Specifications may constitute a major offence.
Added on 22 September 200622 September 2006.
6.03.2
Without prejudice to Rule 6.03.1, the Clearing House may take such disciplinary action including imposing penalties in connection with the performance of Delivery Obligations as provided for under the relevant Contract Specifications. For the avoidance of doubt, penalties which the Clearing House may impose shall include penalties for any delivery default or late performance of any Delivery Obligation.
Added on 1 October 20091 October 2009.
6.04.1
Prior to the Last Trading Day of the relevant Contract, each Clearing Member shall require evidence from its respective Seller or Buyer having accounts on its books, that all open positions which will not be offset on the Last Trading Day will be completed by delivery of the relevant underlying Commodity. If the Seller or Buyer fails to provide such evidence, the Clearing Member shall, unless entitled to opt otherwise under the relevant Contract Specifications, liquidate the remaining open positions on or before the Last Trading Day. Unless otherwise permitted under the relevant Contract Specifications, each Clearing Member shall liquidate any and all open positions relating to lot sizes less than the minimum size prescribed under the relevant Contract Specifications for physical delivery.
Added on 22 September 200622 September 2006 and amended on 7 December 20157 December 2015.
6.04.2
Failure by a Clearing Member to liquidate the open positions pursuant to Rule 6.04.1 may constitute a major offence.
Added on 22 September 200622 September 2006.
6.05.1
If at any time the Clearing House becomes aware of opposite open positions held by different Clearing Members, or by any Clearing Member and clearing member of any other Relevant Market (or its clearing house), for the account of the same Seller or Buyer, the Clearing House may (but is not obliged to) direct such Clearing Members to take steps to liquidate the offsetting positions.
Added on 26 January 200726 January 2007 and amended on 1 October 20091 October 2009.
6.05.2
Where a Seller or Buyer has open positions with more than one Clearing Member, or with any Clearing Member and any clearing member of any other Relevant Market (or its clearing house) on the first Business Day following the Last Trading Day, the Clearing House may (but is not obliged to) consolidate all such open positions held by all the Clearing Members and clearing members of such other Relevant Market (or its clearing house) for the same Seller or Buyer in such manner as it deems fit including, without limitation, effecting the following:
Added on 22 September 200622 September 2006 and amended on 26 January 200726 January 2007 and 1 October 20091 October 2009.
6.05.3
Notwithstanding that the Clearing House is entitled to consolidate the open positions of the Clearing Members and the clearing members of any other Relevant Market (or its clearing house) with reference to the account of the Seller or Buyer, nothing in Rule 6.05.2 shall imply or be construed to mean that a Seller or Buyer (who is not a Clearing Member) shall have any right against the Clearing House with regard to its open positions which have been so consolidated.
Amended on 26 January 200726 January 2007 and 1 October 20091 October 2009.
6.06.1
Property and risk in relation to an underlying Commodity in any delivery contract shall pass in accordance with the relevant Delivery Rules and if not so dealt with, with the provisions of the Sale of Goods Act 1979. For the avoidance of doubt, at no time will property and risk in any underlying Commodity in any delivery contract pass to the Clearing House.
Added on 22 September 200622 September 2006 and Amended on 18 January 2022.
6.07 Deliveries Involving Clearing House as Escrow Agent and Treatment of Performance Deposits, Other Payments and Other Escrow Assets
Amended on 26 April 201326 April 2013.
6.07.1
If so required under the relevant Contract Specifications, a Selling Member and/or Buying Member in a delivery contract shall post or cause its respective Seller or Buyer to post with the Clearing House as escrow agent a Performance Deposit and/or other payment (including but not limited to contract value) as may be prescribed under the relevant Contract Specifications (such person responsible for posting the Performance Deposit or other payment being referred to as the "depositing party"), at such time as provided under the relevant Contract Specifications, as security for the benefit of the counterparty under the delivery contract for the performance of the depositing party's obligations under the delivery contract. For the avoidance of doubt, posting of Performance Deposits or other payments by the depositing party is to be made without any set-off or withholding.
Added on 22 September 200622 September 2006 and amended on 26 January 200726 January 2007, 1 October 20091 October 2009 and 26 April 201326 April 2013.
6.07.2
A Selling Member or Buying Member shall collect Performance Deposits, other payments and other Escrow Assets (where applicable) from its respective Seller or Buyer within such time as prescribed in the relevant Contract Specifications, or by the Clearing House. Nothing herein prohibits a Member from collecting additional monies or deposits from its Seller or Buyer to secure performance as it sees fit.
Added on 22 September 200622 September 2006 and amended on 26 January 200726 January 2007, 22 February 201022 February 2010, 26 January 200726 January 2007, 1 October 20091 October 2009 and 26 April 201326 April 2013.
6.07.3
No Clearing Member shall grant, whether directly or indirectly, any advance, loan or credit facility to any Seller or Buyer for the purpose of posting Performance Deposits, other payments or other Escrow Assets (where applicable) with the Clearing House. For avoidance of doubt, Members shall only post the full sum of Performance Deposits, other payments and/or other Escrow Assets (where applicable) with the Clearing House.
Added on 22 September 200622 September 2006 amended on 26 January 200726 January 2007, 22 February 201022 February 2010 and 26 April 201326 April 2013.
6.07.4
When under this Rules, the Clearing House becomes the escrow agent of any Escrow Asset in connection with the delivery of the underlying Commodity, the following shall apply:
Added on 22 September 200622 September 2006 and amended on 22 February 201022 February 2010 and 26 April 201326 April 2013.
6.07.5
The Clearing House shall be entitled to physically commingle Performance Deposits, other payments and other Escrow Assets (where applicable) with all Collateral subject always to its obligations under the SFA to segregate monies received for House Contracts and Customer Contracts.
Added on 22 September 200622 September 2006 and amended on 26 January 200726 January 2007 and 26 April 201326 April 2013.
6.07.6
The Clearing House shall be entitled to charge an administrative fee for acting as the escrow agent.
Added on 22 September 200622 September 2006.
6.07.7
The Clearing House shall credit all Performance Deposits, other payments and other Escrow Assets (where applicable) which a Clearing Member has posted with the Clearing House pursuant to this Rules with interest, dividends, and any other returns or entitlements on the full amount at such rate as prescribed by the Clearing House except for:
The depositing party shall be entitled to the benefit of any such interest, dividends, returns or entitlements that is credited.
Amended on 26 January 200726 January 2007 and 26 April 201326 April 2013.
6.07.8 Release of Performance Deposits and Other Payments
Added on 22 September 200622 September 2006 and amended on 1 October 20091 October 2009 and 26 April 201326 April 2013.
6.07.9 Release of Escrow Assets Other than Performance Deposits and Other Payments
The Clearing House shall release the Escrow Assets other than the Performance Deposits and other payments (less any administrative fees payable) to the respective clearing members of the Seller and/or Buyer, as the case may be, only as provided in the relevant Contract Specifications. For the avoidance of doubt, upon the release of such Escrow Assets, the Clearing House shall be released from its obligations as an escrow agent in relation to such Escrow Assets, and from any liabilities in relation thereto.
Added on 26 January 200726 January 2007 and amended on 1 October 20091 October 2009 and 26 April 201326 April 2013.
6.07A.1
The Clearing House may appoint any person as a Facilitator Agent to perform, on its behalf, such function as may be requiredfor the purpose of facilitating delivery of the underlying Commodity of any Contract by Clearing Members.
Added on 1 October 20091 October 2009.
6.07A.2
Clearing Members shall perform such Delivery Obligations through the Facilitator Agent as prescribed by the Clearing House.
Added on 1 October 20091 October 2009.
6.08.1
Time is of the essence with respect to the periods stipulated in this Chapter and the relevant Contract Specifications including those pertaining to the posting of Performance Deposits with the Clearing House, delivery of documents, making and taking of delivery and effecting payment.
Added on 22 September 200622 September 2006.
6.09.1
Unless otherwise provided by the relevant Contract Specifications, nothing in this Rules shall prevent the parties otherwise obliged to make and take delivery from effecting delivery via Alternative Delivery Procedure.
Added on 22 September 200622 September 2006.
6.09.2
Upon the delivery of a notice of Alternative Delivery Procedure to the Clearing House (the "ADP Notice"), the Seller and Buyer or such persons designated to make or take delivery as may be prescribed in the ADP Notice shall be solely responsible for completing delivery.
Added on 22 September 200622 September 2006.
6.09.3
Notwithstanding Rule 6.02A.2, the Selling Member and/or Buying Member shall be released from their respective Delivery Obligations, and the Clearing House from its obligations as a central counterparty and/or an escrow agent, and from any liabilities in relation thereto, upon the election of an Alternative Delivery Procedure.
Added on 22 September 200622 September 2006 and amended on 26 January 200726 January 2007 and 1 October 20091 October 2009.
6.09.4
In executing such Alternative Delivery Procedure, the Seller and/or Buyer, for whom a Clearing Member acts, or such persons designated to respectively make and/or take delivery in place of such Clearing Member as may be prescribed in the ADP Notice shall indemnify the Clearing House and the Exchange against any liability, costs or expense it may incur for any reason as a result of the execution, delivery or performance of any agreement reached between the Seller and Buyer or such persons designated to respectively make and take delivery as may be prescribed in the ADP Notice, or any breach thereof or default thereunder.
For the avoidance of doubt, where the clearing members of the Relevant Market making or taking delivery prior to the execution of an Alternative Delivery Procedure are both Clearing Members, the Buyer and Seller or such persons designated to make and take delivery in place of the Clearing Members as may be prescribed in the ADP Notice shall jointly and severally indemnify the Clearing House and/or the Exchange.
Added on 22 September 200622 September 2006 and amended on 26 January 200726 January 2007 and 1 October 20091 October 2009.
6.10.1
Where any dispute in connection with a deliverable commodity futures contract is settled by such claim procedure set forth or referred to in the relevant Contract Specifications, the Clearing Member shall follow such post arbitral award procedures as set forth in the relevant Contract Specifications.
Added on 1 October 20091 October 2009.
6.10.2
Without prejudice to Rule 6.10.1, where any dispute in connection with a deliverable commodity futures contract is settled by arbitration before the SIAC, the procedures set out in this Rule 6.10 shall apply.
Added on 22 September 200622 September 2006 and amended on 26 November 200726 November 2007 and 1 October 20091 October 2009.
6.10.2A
Upon the conclusion of arbitration and the grant of an arbitral award, SIAC shall serve a notice of the award on the Clearing House and each of the Clearing Members to the arbitration.
Added on 22 September 200622 September 2006 and amended on 1 October 20091 October 2009.
6.10.3
If an arbitral award is made in favour of the Buying Member, the Buying Member shall be entitled to:
Added on 22 September 200622 September 2006 and amended on 1 October 20091 October 2009.
6.10.4
If the Performance Deposit posted by the Selling Member in relation to the delivery contract is insufficient to satisfy the arbitral award made in favour of the Buying Member, the Buying Member shall be entitled to pursue the balance of such arbitral award against the Selling Member. If such Performance Deposit is greater than the arbitral award made in favour of the Buying Member, the balance of the Performance Deposit shall be returned to the Selling Member.
Added on 22 September 200622 September 2006 and amended on 1 October 20091 October 2009.
6.10.5
Where the arbitral award is made in favour of the Selling Member, Rules 6.10.4 and 6.10.5 shall apply with the references to "Buying Member" and "Selling Member" being changed to "Selling Member" and "Buying Member" respectively.
Amended on 1 October 20091 October 2009.
6.10.6
For the avoidance of doubt, the above procedures do not apply if the Clearing Members have agreed to effect delivery via an Alternative Delivery Procedure.
Amended on 1 October 20091 October 2009.
6.11.1
In the event of a conflict between Chapter 6 of this Rules and the relevant Contract Specifications, this Rules shall prevail.
Added on 22 September 200622 September 2006.
7.01.1
The Clearing House shall facilitate the prompt adjustment of contractual obligations arising out of:
insofar as the same are duly accepted by the Clearing House or with respect to which the Clearing House is otherwise obliged to accept and to protect the integrity of such Contracts in accordance with these Rules.
Amended on 27 March 200627 March 2006, 3 November 20103 November 2010, 8 November 20128 November 2012, 17 July 2019 and 29 July 2022.
7.01.1A
Further to Rule 7.01.1, the Clearing House shall accept such Contracts traded on a Relevant Market other than the Exchange, as prescribed in Appendix 2. Notwithstanding the foregoing, the Clearing House shall have the discretion to vary the manner and processes in respect of the clearing of such Contracts accepted for clearing by the Clearing House, and to impose additional requirements in the clearing process as the Clearing House deems necessary in the interests of a safe and efficient clearing facility.
Refer to Appendix 2 — Contracts of Other Relevant Markets Accepted by the Clearing House.
Added on 1 October 20091 October 2009 and amended on 25 April 2023.
7.01.2
Wherever these Rules and/or the Trading Rules create a right in favour of the Clearing House or impose a liability on the Clearing House, such right or liability shall prior to the Transfer Date be construed as the right or liability of the Exchange, and shall be enforced by or against the Exchange and on or after the Transfer Date, shall be construed as the right or liability of the Clearing House, and shall be enforced by or against the Clearing House.
7.01.4
The Clearing House shall from time to time prescribe in these Rules the rights and obligations of Clearing Members and all requisite matters in relation to the operation and management of the Clearing House (including but not limited to systems of clearing, deposits, margins, delivery, charges, settlement prices, payments and settlement).
Amended on 27 March 200627 March 2006.
7.02.1
Without prejudice to any other limitation or exclusion of liability (including liability with respect to Contracts liable to delivery as opposed to cash settlement) the liability of the Clearing House shall be limited to net losses to the Clearing Members resulting from the substitution of the Clearing House by way of novation, creation of positions, or as otherwise described in Rule 7.04, in respect of Contracts to which Clearing Members are party and/or, where the opposite side of the Contract is cleared through any other Relevant Market (or its clearing house), to net losses in connection with the substitution of such other Relevant Market (or its clearing house) for members of the same or its clearing house. This shall include the substitution of a Participating Market (or where relevant its clearing house) for members of the same or its clearing house pursuant to the Mutual Offset System. Without prejudice to the generality of the foregoing or to the provisions in Chapter 1, the Clearing House shall not be liable for obligations of a Clearing Member to any Third Party including a non-member of the Clearing House, obligations of a Clearing Member to another Clearing Member who is acting for him as broker or obligations to a Customer by a Clearing Member, nor shall the Clearing House become liable to make deliveries whether from any Third Party or any Clearing Member.
Amended on 1 October 2009 and 29 July 2022.
7.02A Registration of Non-Relevant Market Transactions, NLT transactions, EFP transactions and EFS transactions
Amended on 8 November 20128 November 2012 and 19 September 201619 September 2016.
7.02A.1 Non-Relevant Market Transactions, NLT transactions, EFP transactions and EFS transactions
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
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.
The Clearing House shall not be responsible for confirming the terms of such Non-Relevant Market Transaction.
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.
7.02B Withdrawal of Classes of Non-Relevant Market Contracts for Clearing by the Clearing House
Amended on 8 November 20128 November 2012 and 17 July 201917 July 2019.
7.02B.1
The Clearing House shall be entitled to withdraw any class of Eligible Non-Relevant Market Contracts for clearing at its discretion. The Clearing House will give the Clearing Members reasonable notice where possible, before such withdrawal.
Added on 27 March 200627 March 2006 and amended on 3 November 20103 November 2010, 8 November 20128 November 2012 and 17 July 201917 July 2019.
7.02B.2
The Clearing House shall have the sole discretion to disallow the registration or substitution, as the case may be, of:
Added on 27 March 200627 March 2006 and amended on 3 November 20103 November 2010, 8 November 20128 November 2012, 19 September 201619 September 2016 and 17 July 201917 July 2019.
7.02B.3
If a Clearing Member has not closed out all open Eligible Non-Relevant Market Contracts novated with the Clearing House in its name pursuant to Rule 7.04 after the Clearing House has given such notice, the Clearing House shall, at its sole discretion, be entitled to:
Added on 27 March 200627 March 2006 and amended on 3 November 20103 November 2010, 8 November 20128 November 2012 and 17 July 201917 July 2019.
7.03A.1 Trust Arrangements
Added on 26 April 201326 April 2013 and amended on 31 December 201331 December 2013.
7.03A.2 Security Deed
Prior to the Clearing House commencing any clearing activities in respect of any Clearing Member, the Clearing Member shall execute and deliver a Security Deed in the form and on terms prescribed by the Clearing House, setting out the terms under which its Collateral are provided to, and held by, the Clearing House.
Added on 26 April 201326 April 2013.
7.03A.3 General Lien
Without prejudice and in addition to any Security Interest or other right or remedy which the Clearing House may have under this Rules, contract, law or equity, and subject to any applicable restrictions pursuant to the provisions of the SFA and/or imposed by the Authority, the Clearing House shall have a lien on all Collateral deposited with or provided to the Clearing House and on any other monies and/or assets of the Clearing Member which may be or become available to the Clearing House.
Added on 26 April 201326 April 2013.
7.03A.4 Collateral Deposit
A Clearing Member shall deposit or otherwise provide to the Clearing House such Collateral, in such acceptable form and denomination as may be prescribed by the Clearing House from time to time, and may deposit or otherwise provide to the Clearing House Collateral in excess of the amount required by the Clearing House, subject to such terms and conditions prescribed by the Clearing House from time to time.
Added on 26 April 201326 April 2013 and amended on 31 December 201331 December 2013.
7.03A.5 Collateral Withdrawal
Added on 26 April 201326 April 2013 and amended on 31 December 201331 December 2013.
7.03A.6 Valuation of Collateral
Added on 26 April 201326 April 2013.
7.03A.7 Investment and Use of Collateral
Added on 26 April 201326 April 2013 and amended on 31 December 201331 December 2013 and 2 May 20162 May 2016.
7.03A.8 Fees and Interest
Added on 26 April 201326 April 2013.
7.03A.9 Safekeeping Indemnity
Added on 26 April 201326 April 2013.
7.03A.10 Regulatory Information
Clearing Members shall provide the Clearing House with any information necessary in relation to such Collateral deposited with or provided to the Clearing House to enable the Clearing House to meet its reporting obligations to the Authority and/or other relevant governmental or regulatory authorities or for any other regulatory purposes, including but not limited to for withholding tax purposes.
Added on 26 April 201326 April 2013.
7.03A.11 Permitted Depositories for Cleared Swaps Customer Collateral
Added on 31 December 201331 December 2013.
7.04.1 Relevant Market Trades (other than trades matched on Connect Market)
When a contract matched on a Relevant Market (other than trades matched on Connect Market) is cleared through the Clearing House by two Clearing Members, upon matching of the contract on the Relevant Market (other than trades matched on Connect Market), the original contract between the Clearing Members shall be discharged and replaced with two separate and distinct Contracts as described below, both of which are on the same terms as the original contract:
Subject to Rule 7.04.1.4, when a contract matched on a Relevant Market (other than trades matched on Connect Market) is cleared by a Clearing Member and a clearing member of a Relevant Market or its clearing house (other than the Clearing House), the original contract shall be discharged and replaced with two separate and distinct Contracts as described below, both of which are on the same terms as the original contract:
Amended on 27 March 200627 March 2006, 22 September 200622 September 2006, 26 January 200726 January 2007, 3 November 20103 November 2010, 8 November 20128 November 2012, 26 April 201326 April 2013 and 29 July 2022.
7.04.1B Trades matched on Connect Market
When a Connect Contract matched on a Connect Market is to be cleared by two Clearing Members of the Clearing House, upon matching of the Connect Contract on the Connect Market, two separate and distinct Contracts will be created as described below, both of which based on the same terms as the original Connect Contract:
When a Connect Contract matched on a Connect Market is to be cleared by a Clearing Member and where only one of the counterparties to the trade is a Clearing Member, upon matching of the Connect Contract on the Connect Market, two separate and distinct Contracts will be created as described below, both of which based on the same terms as the original Connect Contract:
Added on 29 July 2022.
7.04.2 Off Market Trades (other than NLT transactions for Connect Contracts)
When a Non-Relevant Market Transaction, EFP transaction, EFS transaction or NLT transaction (other than NLT transactions for Connect Contracts) that is eligible for registration pursuant to Rule 7.02A.1.1 and that is registered pursuant to Rule 7.02A.2 between two Clearing Members is cleared through the Clearing House, upon the Clearing House issuing to the Clearing Members a Notice of Novation that the transaction has been accepted for clearing, the original contract between the Clearing Members shall be discharged and replaced with two separate and distinct Contracts as described below, both of which are on the same terms as the original contract:
When an EFP transaction, EFS transaction or NLT transaction (other than NLT transactions for Connect Contracts) that is eligible for registration pursuant to Rule 7.02A.1.1 and that is registered pursuant to Rule 7.02A.2 between a Clearing Member and a clearing member of a Relevant Market or its clearing house (other than the Clearing House) is cleared through the Clearing House, upon the Clearing House issuing to the Clearing Member and clearing member a Notice of Novation that the transaction has been accepted for clearing, the original contract shall be discharged and replaced with two separate and distinct Contracts as described below, both of which are on the same terms as the original contract:
Amended on 1 October 20091 October 2009, 26 April 201326 April 2013, 19 September 201619 September 2016, 17 July 201917 July 2019 and 29 July 2022.
7.04.2A Off Market Trades for Connect Contracts
When a NLT transaction for Connect Contracts that is eligible for registration pursuant to Rule 7.02A.1.1 and that is registered pursuant to Rule 7.02A.2 between two Clearing Members is cleared through the Clearing House, upon the Clearing House issuing to the Clearing Members a Notice of Novation that the transaction has been accepted for clearing, the original contract between the Clearing Members shall be discharged and replaced with two separate and distinct Contracts as described below, both of which are on the same terms as the original contract:
Added on 29 July 2022.
7.04.3 Transfers
When an open position in a Designated Futures Contract is transferred from a clearing member of any other Participating Market (or its clearing house) to a Clearing Member pursuant to Rule 8.03.1.3, upon such transfer being effective, two separate and distinct Contracts shall be created on the same terms as the open position:
Subject to Rule 7.04.3.3, when an open position is transferred from a Clearing Member to an appointed Clearing Member pursuant to Rule 6.05.2 for the purpose of consolidation, the original Contract in respect of the open position shall be discharged and replaced by a separate and distinct Contract between the appointed Clearing Member and the Clearing House on the same terms as the original Contract, as described below:
Subject to Rule 7.04.3.5, when an open position is transferred from a clearing member of any other Relevant Market (or its clearing house) (other than the Connect Market) to a Clearing Member pursuant to Rule 6.05.2 for the purpose of consolidation, two separate and distinct Contracts shall be created on the same terms as the open position:
Subject to Rule 7.04.3.7, when an open position is transferred from a Clearing Member to a clearing member of any other Relevant Market (or its clearing house) (other than the Connect Market) pursuant to Rule 6.05.2 for the purpose of consolidation, the Contract between the Clearing Member and the Clearing House in respect of the open position shall be terminated.
Subject to Rule 7.04.3.9, when an open position is transferred from a clearing member of any other Relevant Market (or its clearing house) (other than the Connect Market) to a Clearing Member pursuant to Rule 7.28 at the request of a Customer, two separate and distinct Contracts shall be created on the same terms as the open position:
Subject to Rule 7.04.3.11, when an open position is transferred from a Clearing Member to a clearing member of any other Relevant Market (or its clearing house) (other than the Connect Market) pursuant to Rule 7.28 at the request of a Customer, the Contract between the Clearing Member and the Clearing House in respect of the open position shall be terminated.
Subject to Rule 7.04.3.13, when an open position is transferred from a defaulted or suspended Clearing Member to a designated Clearing Member pursuant to Rule 7A.02.1.1, the original Contract in respect of the open position shall be discharged and replaced by a separate and distinct Contract between the designated Clearing Member and the Clearing House on the same terms as the original Contract, as described below:
Subject to Rule 7.04.3.15, when an open position is transferred from a Clearing Member ("Original Party") to another Clearing Member ("New Party") pursuant to Rule 7.27, excluding Rule 7.27.1.5, the original Contract between the Original Party and the Clearing House in respect of the open position shall be discharged and replaced by a separate and distinct Contract between the New Party and the Clearing House on the same terms as the original Contract, as described below:
Subject to Rule 7.04.3.17, when an open position is transferred for the purpose of filling an order or as a give-up by a Clearing Member or a clearing member of another Relevant Market (or its clearing house) (other than the Connect Market) ("Original Party") to another Clearing Member ("New Party") pursuant to Rule 7.27.1.5, the original Contract between the Original Party and the Clearing House in respect of the open position shall be discharged and replaced by a separate and distinct Contract between the New Party and the Clearing House on the same terms as the original Contract, as described below:
Amended on 27 March 200627 March 2006, 22 September 200622 September 2006, 1 October 20091 October 2009, 7 August 20127 August 2012, 26 April 201326 April 2013 and 29 July 2022.
7.04.5 Options exercise
Amended on 16 July 201216 July 2012 and 26 April 201326 April 2013.
7.04.6
Nothing in these Rules shall be regarded, treated or otherwise interpreted as limiting, diminishing, modifying or otherwise affecting the relationship between the Clearing House and a Clearing Member, which, when Contracts have been accepted by the Clearing House, and as between the Clearing House and the Clearing Member, is and is deemed to be, as principals to one another.
7.04A.1
With regard to an NLT, EFP or EFS in respect of any Contract listed for trading on a Relevant Market (other than the Connect Contracts) to be cleared through the Clearing House, Clearing Members shall comply with requirements for the registration of such NLT, EFP or EFS, as set forth in the rules of the Relevant Market.
Added on 1 October 20091 October 2009 and Amended on 29 July 2022.
7.04A.2
With regard to an NLT in respect of the Connect Contracts, Clearing Members shall comply with requirements for the registration of NLT transactions, as set forth in Rule 7.02A.
Added on 29 July 2022.
7.05 Open Positions/Open Contracts for Contracts Traded on the Exchange/Any Relevant Market and Non-Relevant Market Contracts
Amended on 8 November 20128 November 2012.
7.05.1
All Contracts to which the Clearing House is a party shall remain open until liquidated by offset as provided in Rule 7.06, terminated in accordance with Rule 7A.07, Rule 7A.02.1.5A or Rule 7A.02A, or by delivery in accordance with Chapter 6 of this Rules, and
Amended on 27 March 200627 March 2006, 3 November 20103 November 2010, 7 August 20127 August 2012, 8 November 20128 November 2012, 17 July 201917 July 2019 and 29 July 2022.
7.06.1
A Clearing Member long or short any Contract to the Clearing House as a result of substitution may liquidate the position by acquiring an appropriate opposite position.
7.07.1
When a Clearing Member buys and sells or (vis-à-vis the Clearing House) is deemed to buy and sell Contracts for the same series and such Contracts are cleared through the Clearing House, the purchases and sales are not automatically offset one against the other where the relevant account is a gross position account. Transactions can only be offset against one another by complying the rules of the Relevant Market(s) at which they were effected and by submission of a close out request to the Clearing House by the relevant Clearing Member.
Amended on 7 December 20097 December 2009.
7.07.1A
When a Clearing Member buys and sells or (vis-à-vis the Clearing House) is deemed to buy and sell Contracts for two different fungible series and such Contracts are cleared through the Clearing House, such transactions can only be offset against one another by complying with the rules of the Relevant Market(s) at which they were effected and by submission of a close out request to the Clearing House by the relevant Clearing Member.
Added on 7 December 20097 December 2009.
7.07A.1
Where open positions are invoiced back to the Clearing House by any other Relevant Market (or clearing house) relating to a Contract subject to physical delivery prior to the matching process in Rule 6.02A.7, the Clearing House may invoice the positions back to Clearing Members holding appropriate positions (whether reported back to the Clearing House as being House or Customer positions) as at the date of such invoicing back, on a pro-rata basis, calculated as the proportion of such positions of each Clearing Member at the date of such invoicing back relative to the aggregate value of such open positions held by all non-defaulting Clearing Members (to be rounded down or up if the number of lots is not a whole number at the Clearing House's absolute discretion). Invoicing back shall be carried out by the Clearing House effecting and registering opposite positions between itself and each of the affected Clearing Members and thereupon settling such open positions against such opposite positions, at a price determined by the Clearing House. The Clearing House's actions, including the timing of the invoicing back and the price determined by the Clearing House shall be binding on all affected Clearing Members.
Added on 1 October 20091 October 2009.
7.08.1
Without prejudice to the right and power of the Clearing House at the cost and expense of the Clearing Member concerned to effect such rectification or correction measures otherwise, no Clearing Member shall place any false or inaccurate entries on any other submission or otherwise provide false or inaccurate information in any document submitted to the Clearing House for clearing purposes.
Violation of this Rule may constitute a major offence.
7.09.1
Position change sheets must be submitted to the Clearing House each trading day by the time specified by the Clearing House. Position change sheets shall be in such form as prescribed by the Clearing House. When requested, the identification of accounts will be made available to the Clearing House.
Amended on 3 November 20103 November 2010 and 17 July 201917 July 2019.
7.10.1
The Clearing House will produce a recap ledger for each Clearing Member which will itemise, among other things, the incoming positions in respect of any Contract; the position changes the closing positions in respect of any Contract; the net settlements, pay or collect, margins required, the current margin balance, and the net debit balance(s) payable by the Clearing Member and/or credit balance(s) payable by the Clearing House.
The net debit balance(s) reflected on the recap ledger, excluding those arising from margin withdrawals ("Net Debit Balance(s)") and the net credit balance(s) reflected on the recap ledger, excluding those arising from margin deposits and calls ("Net Credit Balance(s)") shall be payable in accordance with Rule 7.14.
Amended on 3 November 20103 November 2010 and 26 April 201326 April 2013.
7.10.2
If a Clearing Member believes that there is any error in the recap ledger, the Clearing Member must immediately notify the Clearing House in writing and in any event, no later than 5 p.m. on the following Business Day.
Violation of this Rule may constitute a major offence.
7.11.1
The daily settlement price of a Contract shall be determined:
Refer to Practice Note 7.11.1.1.
Amended on 27 March 200627 March 2006, 22 September 200622 September 2006, 3 November 20103 November 2010, 8 November 20128 November 2012, 17 July 201917 July 2019 and 29 July 2022.
7.11.2
Notwithstanding the foregoing, the Clearing House shall reserve the right to amend the settlement prices of any Contract for the purposes of settlement under this Rules if it so deems necessary.
Amended on 22 September 200622 September 2006.
7.11.3
The daily settlement price of a Contract shall be binding on all Clearing Members.
Added on 22 September 200622 September 2006.
7.11A Final Settlement Price of Contracts Traded on the Exchange/Any Relevant Market and Non-Relevant Market Contracts
Amended on 8 November 20128 November 2012.
7.11A.1
The Final Settlement Price of Non-Relevant Market Contracts shall be determined in the manner as set out in Appendix 1, and of all other Contracts, in the manner as set out in the Trading Rules or relevant Contract Specifications.
Refer to Appendix 1 — Final Settlement Price.
Added on 27 March 200627 March 2006 and amended on 22 September 200622 September 2006, 3 November 20103 November 2010, 8 November 20128 November 2012 and 17 July 201917 July 2019.
7.11A.2
The Final Settlement Price shall be binding on all Clearing Members.
Added on 27 March 200627 March 2006 and amended on 22 September 200622 September 2006.
7.11A.3
Notwithstanding the foregoing, where the means for determining the Final Settlement Price for Contracts are not available, the Clearing House or the Exchange, as the case may be, may resolve the Final Settlement Price by such means as it may in its discretion decide. The decision of the Clearing House or the Exchange and the price determined by such other means shall be binding upon all Clearing Members.
Added on 27 March 200627 March 2006 and amended on 22 September 200622 September 2006.
7.12.1
When a Clearing Member is long or short any amount of any Contract at the end of the day, as indicated by the recap ledger prepared by the Clearing House, settlement shall be made with the Clearing House to the settlement price for that day, and such Clearing Member shall be liable to pay to, or entitled to collect from, the Clearing House any loss or profit, as the case may be, represented by the difference between the price at which the Contract was bought or sold and the settlement price of the Contract at the end of the day.
7.12.2
Such settlement must be paid in cash in the respective currencies of the Contracts, or such other currency as the Clearing House may prescribe in the interest of a safe and efficient clearing facility, and at such exchange rate as determined by the Clearing House. Without prejudice to the generality of the foregoing, the Clearing House may refer to exchange rates published by data vendors in determining the relevant exchange rates.
Amended on 26 April 201326 April 2013.
7.12.3
After making such settlement with the Clearing House, such Clearing Member shall be deemed long or short (or long and short) such Contract, as the case may be, at the settlement price of the day.
7.12.4
Notwithstanding the foregoing, the Clearing House shall not be required to pay any profit to a Clearing Member in the event that such Clearing Member fails to meet any required settlement or margin call for that day with the Clearing House.
7.12.5
This Rule 7.12 shall not apply to trading in options contracts in respect of which the following shall apply.
7.12.6
Except for payment of relevant premiums on establishment of an option contract, no variation payments are thereafter required to be made from or to the Clearing House.
7.12.7
In respect of the payment of relevant premiums on establishment of an option contract as referred to in Rule 7.12.6, such payment must be paid in cash in the respective currencies of the options contract, or such other currency as the Clearing House may prescribe in the interest of a safe and efficient clearing facility, and at such exchange rate as determined by the Clearing House. Without prejudice to the generality of the foregoing, the Clearing House may refer to exchange rates published by data vendors in determining the relevant exchange rates.
Added on 26 April 201326 April 2013.
7.13 Settlement Variation for Contracts Cleared by the Clearing House
Amended on 8 November 20128 November 2012 and 29 July 2022.
7.13.1
The Clearing House may prescribe an adjustment to the Settlement Variation if, in the Clearing House’s opinion, it is necessary to address a change in the underlying that fundamentally affects the pricing of a Contract. Any adjustments will be specified by the Clearing House in a Circular. A Clearing Member would be liable for or entitled to an adjustment, as the case may be, in respect of its open positions in a relevant Contract.
Added on 27 March 200627 March 2006, 8 November 20128 November 2012 and amended on 8 June 20208 June 2020.
7.13.2
No interest shall be payable by the Clearing House on any amount that has to be refunded to a Clearing Member as a result of any such adjustment to the Settlement Variation.
Added on 27 March 200627 March 2006.
7.13.3
Settlement Variation and adjustments to Settlement Variation (where relevant) as calculated and/or determined at such times as the Clearing House shall determine, must be paid in cash.
Amended on 27 March 200627 March 2006.
7.14.1
If the recap ledger of any Clearing Member shows a Net Debit Balance against such Clearing Member:
Violation of this Rule may constitute a major offence.
Added on 3 November 20103 November 2010 and amended on 26 April 201326 April 2013.
7.14.2
If the recap ledger of any Clearing Member shows a Net Credit Balance in favour of such Clearing Member payment of such Net Credit Balance shall be effected at the Confirmation Cut Off Time, by the Clearing House crediting the Net Credit Balance directly to the Clearing Member's cash margin held with the Clearing House. Such crediting shall constitute final and irrevocable settlement of the Clearing House's obligation to pay such Net Credit Balance to the Clearing Member.
Added on 3 November 20103 November 2010 amended on 26 April 201326 April 2013.
7.14.3
"Confirmation Cut Off Time", in relation to the Net Debit Balance or the Net Credit Balance shown in the recap ledger of any Clearing Member shall, for the purposes of this Rule 7.14, mean the cut-off time for Confirmation in respect of any margin call that may be made in that recap ledger, as notified by the Clearing House to Clearing Members.
Added on 26 April 201326 April 2013.
7.16.1
Clearing Members shall submit to the Clearing House a daily report of Customers' Accounts and House Accounts, with details of such large positions in relation to such contracts as the Clearing House may prescribe (whether assumed or entered into on any Relevant Market or elsewhere). Such daily reports shall be submitted to the Clearing House by such time and/or in such manner as may be prescribed by the Clearing House.
Such report shall be in such form as the Clearing House may prescribe from time to time and shall include but not be limited to the account numbers and the number of open contracts in each month for a Commodity and, in the case of options, in each expiration month for a put or call option, in which any person owns or controls open positions in a single Contract Month or contract month or Delivery Month of any Commodity that equals or exceeds the reporting level for such Commodity or option prescribed from time to time by the Clearing House.
Amended on 22 September 200622 September 2006 and 7 December 20107 December 2010.
7.16.2
The Clearing House shall be entitled to require reports from one or more Clearing Members in relation to any contract even if the number of positions (whether assumed or entered into on any Relevant Market or elsewhere) owned or controlled is below the reporting level presently prescribed by the Clearing House.
Amended on 7 December 20107 December 2010.
7.16.3
Subject to Rule 7.16.4 below, Clearing Members shall identify the owner and any controlling parties for any account or ensure that such information is made available directly to the Clearing House within such time as the Clearing House may prescribe.
Amended on 27 March 200627 March 2006.
7.16.4
Upon request of the Clearing House, Clearing Members shall obtain the information required by this Rule regarding the ownership and control of positions (whether assumed or entered into on any Relevant Market or elsewhere) within any Omnibus Account and any Sub-Account of any Omnibus Account. Provided that if the Omnibus Account Holder does not want the identity of any Sub-Account holder (save for a Cleared Swaps Customer, whose identity must always be disclosed) to be disclosed to its carrying Clearing Member, the Omnibus Account Holder may apply to the Clearing House for a special identification for the Sub-Account thereof for reporting positions (whether assumed or entered into on any Relevant Market or elsewhere) covered within this Rule through its carrying Clearing Member.
Amended on 31 December 201331 December 2013.
7.16.6
The Clearing House shall be entitled to disclose the contents of any reports made under this Rule to the Exchange or to any other Relevant Market or its clearing house in so far as such information relates to Contracts traded on the Relevant Market.
Amended on 1 October 20091 October 2009.
7.17.1
Clearing Members shall not be permitted to carry a speculative long position and a speculative short position for any Third Party or for themselves in the case of futures contracts, in the same Commodity for the same Contract Month and in the case of options contracts, in the same Commodity, for the same class, for the same Contract Month and for the same strike price.
Amended on 27 March 200627 March 2006, 22 September 200622 September 2006 and 17 July 201917 July 2019.
7.17.2
The Clearing House may require any Clearing Member to liquidate any or all positions in any Contract belonging to any person concurrently holding a speculative long position and a speculative short position in such Contract.
Added on 1 October 20091 October 2009.
7.17.3
Rule 7.17.1 shall not apply if the concurrent long and short speculative positions result from a transfer under Rule 7.27 and such concurrent long and short speculative positions do not extend beyond the Trading Day on which the transfer is reported to the Clearing House.
Added on 1 October 20091 October 2009.
7.18.1
Without prejudice to the generality of the foregoing, in addition to any Security Interest or other right or remedy which the Clearing House may have under this Rules, contract, law or equity, and subject to any applicable restrictions pursuant to the provisions of the SFA and/or imposed by the Authority, the Clearing House may at any time consolidate any or all accounts (notwithstanding that relevant positions in such accounts have not been closed out) of the Clearing Member and set-off and/or transfer and/or apply any Collateral in such account towards satisfaction of any liabilities of the Clearing Member to the Clearing House, whether or not:
Amended on 26 April 201326 April 2013.
7.19.1
All margins deposited with or provided to the Clearing House by Clearing Members shall be retained by the Clearing House in whole or in part, as the Clearing House may deem necessary but, subject to this Rules (in particular, Rule 7.03A.3, 7.03A.5, Rule 7.18 and Rule 7A.05.1) and the Security Deed, may be returned to the Clearing Member when the positions for which such margins have been deposited or provided have been liquidated. Notwithstanding the foregoing, the Clearing House may retain margins for freight forward contracts for tanker voyage routes in relation to any potential Flat Rate adjustment, even after the positions of the Clearing Member have been liquidated.
Amended on 27 March 200627 March 2006, 7 August 20127 August 2012 and 26 April 201326 April 2013.
7.20.1 Acceptable Margin
Margin requirements shall be prescribed by the Clearing House from time to time. The Clearing House will accept as margin, cash, government securities or common stocks, units of listed business trusts or units of listed real estate investment trusts in accordance with such procedures as may be prescribed by the Clearing House all of which must be and remain unencumbered, unless otherwise permitted or contemplated under this Rules, the Security Deed or the SFA.
The Clearing Member shall notify the Clearing House as to whether such Collateral is to be maintained for its Customer Contracts or its House Contracts. Where the Collateral is to be maintained for the Clearing Member's Customer Contracts, the Clearing Member shall notify the Clearing House as to whether it is to be held for an Applicable Customer Account. Where the Collateral is to be maintained for the Clearing Member's House Contracts, the Clearing Member shall notify the Clearing House as to whether it is to be held for an Affiliate Account. Collateral will be held by the Clearing House for the relevant account.
Amended on 27 March 200627 March 2006, 26 April 201326 April 2013, 31 December 201331 December 2013 and 2 May 20162 May 2016.
7.20.2 Margin Composition
Without prejudice to the generality of the foregoing, the aggregate amount of Collateral deposited with or provided to the Clearing House in respect of the aggregate required margin in relation to Customer Contracts, Affiliate Contracts and House Contracts (excluding Affiliate Contracts) must each separately comply with the following:
Added on 27 March 200627 March 2006 and amended on 3 November 20103 November 2010, 8 November 20128 November 2012, 26 April 201326 April 2013, 2 May 20162 May 2016 and 2 March 20202 March 2020.
7.20.3 Calculation of Margin
The amount of margins required to be deposited by any Clearing Member with the Clearing House shall be calculated and determined:
Amended on 27 March 200627 March 2006.
7.20.3A
The Clearing House may make margin calls in respect of the margin requirements prescribed pursuant to this Rule 7.20. Such margin calls shall be paid by such time and means as the Clearing House shall prescribe.
Added on 26 April 201326 April 2013.
7.22.1
A Clearing Member shall procure initial margins from its Third Parties (including Customers), and ensure that its Third Parties comply with maintenance margins for such amounts as required by the Clearing House.
Amended on 27 March 200627 March 2006 and 22 September 200622 September 2006.
7.22.2
A Clearing Member may accept cash, government securities, common stocks, bank certificates of deposit, bank guarantees, bank letters of credit, gold bars, gold certificates and such other instruments as the Clearing House permits from its Third Parties (including Customers) for meeting their initial margins and maintenance margins requirements. Valuation of such instruments shall be in accordance with procedures specified by the Clearing House. The following are not acceptable forms of margins under this Rule:
Amended on 27 March 200627 March 2006, 22 September 200622 September 2006 and 18 January 2022.
7.22.3
Except for trades which reduce a Third Party's maintenance margins requirements, a Clearing Member shall not accept orders or new trades for clearing from any Third Party (including any Customer) unless:
For settlement currency denominated in Japanese Yen, "reasonable period" in Rule 7.22.3.1 or 7.22.3.2 means a period which shall not exceed three (3) Trading Days from the trade date (T+3). For all other settlement currencies it means a period which shall not exceed two (2) Trading Days from the trade date (T+2).
Amended on 27 March 200627 March 2006, 22 September 200622 September 2006 and 25 January 201725 January 2017.
7.22.4
A Clearing Member shall call for additional margins from a Third Party (including a Customer) for whom the Clearing Member provides carrying and/or clearing services if at any time the Third Party's total net equity falls below the maintenance margins. Such additional margins posted should be sufficient to bring the relevant account up to the initial margins level, within a reasonable period. Nothing herein prohibits a Clearing Member from making a call for additional margins or imposing a stricter settlement period as it sees fit.
For settlement currency denominated in Japanese Yen, "reasonable period" in this Rule 7.22.4 means a period which shall not exceed three (3) Trading Days from the date that the Third Party's total net equity falls below the maintenance margins. For all other settlement currencies it means a period which shall not exceed two (2) Trading Days from the date that the Third Party's total net equity falls below the maintenance margins.
Amended on 22 September 200622 September 2006.
7.22.5
If the Clearing Member is unable to effect personal contact with a Third Party (including a Customer) for whom the Clearing Member provides carrying and/or clearing services, a written notice sent to the Third Party at the most recent address furnished by it to the Clearing Member shall be deemed sufficient.
7.22.6
In the event of a Clearing Member's failure to obtain margins from the relevant Third Parties (including Customers) as required under Rule 7.22, the Clearing House may order such Clearing Member to immediately close out all or such part of the positions of such Third Parties on its books so as to correct the deficiency notwithstanding that the Clearing Member itself has sufficient margins placed with the Clearing House for the support of such positions in Contracts. Nothing herein prohibits a Clearing Member from taking such necessary actions to rectify the deficiency as it sees fit.
Amended on 27 March 200627 March 2006 and 22 September 200622 September 2006.
7.22.7A
A Clearing Member shall comply with such requirements on the computation and monitoring of a Third Party's (including a Customer's) margins as the Clearing House, or where relevant, the Exchange may prescribe.
Added on 22 September 200622 September 2006.
7.22A.1
Notwithstanding Rule 7.22, a Clearing Member may grant margin credit, at a rate not exceeding that which is prescribed by the Clearing House, to a Third Party (including a Customer) which holds long and short positions on contracts (on the same Underlying) with the Clearing House and another clearing house to the extent that the risk on the position in one clearing house is set-off against another ("inter-exchange cross margining"), if the following conditions are satisfied:
Added on 22 September 200622 September 2006 and amended on 10 August 200710 August 2007.
7.23.1
The Clearing House may take any of the following actions:
Such additional margins may be as much as or more than the original margin and must be deposited with the Clearing House during the next banking hour after demand therefore or at such time as may be specified. Such additional margins may be called for one or more Contracts, from one or more Clearing Members and on long positions, short positions or both, or in relation to any potential Flat Rate adjustment applicable to freight forward contracts for tanker voyage routes.
Amended on 27 March 200627 March 2006.
7.23.2
If market conditions or price fluctuations are such that the Clearing House deems it necessary, it may call upon the Clearing Members whom it believes are affected by such conditions or fluctuations to deposit additional funds with the Clearing House by such time as it shall specify and in the amount it deems necessary to meet settlements.
Amended on 27 March 200627 March 2006.
7.24.1
In the event of the failure of a Clearing Member to deposit additional margins or to comply with the order of transfer of positions or to deposit additional funds as required under Rule 7.23, the Clearing House may direct and the Clearing Member shall in such event forthwith comply with any such direction that the Clearing Member forthwith liquidate all or part of the positions on its books.
Amended on 27 March 200627 March 2006.
7.24.2
If there is a failure to so effect the required reduction in positions by the next Business Day, the Clearing House shall thereupon order the liquidation of all or the required part of the Clearing Member's position with due consideration to the positions in Customer Accounts and Affiliate Accounts. Any Clearing Member whose trades are thus liquidated shall provide for the payment of any loss to the Clearing House on the next settlement cycle by the Clearing House pursuant to Rule 7.12 or 7.13.
Amended on 27 March 200627 March 2006 and 2 May 20162 May 2016.
7.25.1 Clearing Fees
Clearing fees shall be charged by the Clearing House against a Clearing Member for each Contract cleared by the Clearing House in such amounts as the Clearing House may from time to time prescribe.
7.25.2 Administrative Fees
Without prejudice to Rule 2.36, administrative fees or similar fees shall be charged by the Clearing House against a Clearing Member in respect of such matters and in such amounts as the Clearing House may from time to time prescribe.
Amended on 27 March 200627 March 2006.
7.25.3 Payment
Such fees as may be imposed by the Clearing House pursuant to this Rule shall be payable by the Clearing Members by such times and in such manner as may be prescribed by the Clearing House from time to time.
7.26.1
The Clearing House may impose fines against Clearing Members for errors, delays and omissions with respect to the required position change sheet or any other submission to the Clearing House.
Amended on 27 March 200627 March 2006.
7.27.1
Subject to the approval of the Clearing House:
Amended on 27 March 200627 March 2006, 10 August 200710 August 2007, 31 December 201331 December 2013 and 29 July 2022.
7.27.2
Except with the approval of the Clearing House, existing trades on the books of one Clearing Member may not be transferred to the books of another Clearing Member in order to liquidate a position by offset or where such transfer would result in concurrent long and short positions for the same speculative account.
Amended on 27 March 200627 March 2006.
7.27.3
Where an Executing Member makes a trade on a Relevant Market intended to be an order fill or to be given up to a Recipient Member, as contemplated in Rule 7.27.1.5 (a "Relevant Trade"), each Relevant Trade may be transferred or placed to the books of the Recipient Member provided that the transfer or placement shall occur:
Amended on 27 March 200627 March 2006 and 7 December 20107 December 2010.
7.27.4
If a Recipient Member purports to reject the transfer or placement of an alleged Relevant Trade(s) onto its books and the rejection (if permitted) would result in the Executing Member (if a Clearing Member itself) or its qualifying member having to accept onto its own books the rejected trade(s), and such rejected trade(s) would (whether of itself or together with other similarly rejected trade(s) for the same trading day) give rise to an aggregate maintenance margin obligation equal to S$3,000,000 (or such other amount as the Clearing House may from time to time prescribe):
Amended on 27 March 200627 March 2006.
7.27.5
The Clearing House may, with the consent of both Clearing Members, transfer existing trades on the books of one Clearing Member to the books of another Clearing Member, if in its opinion, the situation so requires and such transfer is to the best interests of the Clearing House. In such case, the Customer may be charged only one commission.
Amended on 27 March 200627 March 2006.
7.27.5A
The Clearing House may, in accordance with any Contract Specifications, transfer existing trades from the books of one Clearing Member to the books of another Clearing Member with the consent of both Clearing Members, or from one Customer Account to another Customer Account of a Clearing Member with the consent of that Clearing Member.
Added on 7 December 20157 December 2015.
7.27.6
All transfers or placements made pursuant to this Rule shall be reported to the Clearing House in a form acceptable to the Clearing House for the type of transaction involved. The Clearing Members involved shall maintain a full and complete record of all transactions together.
7.27.7
Notwithstanding any provision in this Rule 7.27, the Clearing House shall require (i) any Clearing Member from whose name one or more trades are to be transferred and, (ii) any Clearing Members in whose name one or more trades are to be transferred to provide the Clearing House with sufficient collateral to meet margin requirements and Settlement Variation and/or comply with any other margin requirement prescribed by the Clearing House as a condition of transfer of such trades .
Amended on 3 November 20103 November 2010.
7.27.8
Transfers of positions under this Rule 7.27 will not require the close-out and re-booking of the relevant positions.
Added on 31 December 201331 December 2013.
7.28.1
Subject to the approval of the Clearing House, existing positions may be transferred between the books of a Clearing Member and the clearing member of any other Relevant Market (other than the Connect Market) at the request of the Customer, if:
Added on 1 October 20091 October 2009 and Amended on 29 July 2022.
7.28.2
All transfers made pursuant to this Rule shall be reported to the Clearing House in a form acceptable to the Clearing House. The Clearing Member involved shall maintain a full and complete record of all such transfers together with all pertinent memoranda.
Added on 1 October 20091 October 2009.
7.30.1
For the purposes of Part 7 of these Rules, a Customer mayrequest its Clearing Member to designate any of its Customer Accounts as an Applicable Customer Account. The Clearing Member shall inform each of its Customers of the availability of this choice, and shall designate a Customer Account as being an Applicable Customer Account if the Customer requests for it. If the Clearing Member is not ready to designate a Customer Account as an Applicable Customer Account when the Customer requests for it, the Clearing Member shall inform the Customer when it will be able to do so.
Added on 31 December 201331 December 2013.
7.30.2
A Customer making a request pursuant to Rule 7.30.1 may do so only in respect of the clearing of its Non-Relevant Market Contracts (or Non-Relevant Market Transactions).
Added on 31 December 201331 December 2013 and amended on 17 July 201917 July 2019.
7.30.3
The Clearing House shall be under no obligation to treat a Customer Account as being an Applicable Customer Account unless the Clearing House has received information relating to the identities of the Customers underlying the Applicable Customer Account as it requires.
Added on 31 December 201331 December 2013.
7.30.4
Each Cleared Swaps Customer Account shall be treated by the Clearing House as being an Applicable Customer Account.
Added on 31 December 201331 December 2013.
7.30.5
Each FCM Clearing Member shall provide to the Clearing House information relating to the identity of the Customer underlying each Cleared Swaps Customer Account as required by the Clearing House from time to time.
Added on 31 December 201331 December 2013.
7.31.1
For the purpose of Part 7 and 7A of this Rules, a Clearing Member may designate as an Affiliate Account, any House Account that belongs to and is maintained wholly for the benefit of one or more Affiliates. The Clearing Member must notify the Clearing House of any designation, failing which the Clearing House will be under no obligation to treat the designated account(s) as Affiliate Account(s).
Added on 2 May 20162 May 2016.
7A.01.1
The Clearing House shall be entitled to restrict the activities of the Clearing Member on the Clearing House or suspend the Clearing Member without prior notice if:
Added on 7 August 20127 August 2012 and amended on 26 April 201326 April 2013, 29 December 201429 December 2014, 18 January 2022 and 29 July 2022.
7A.01.2
In restricting the activities of a Clearing Member pursuant to Rule 7A.01.1, the Clearing House may impose such conditions or requirements for the carrying on of its business on the Clearing House as it deems appropriate, including, without limitation, the following:
Added on 7 August 20127 August 2012.
7A.01.3
A Clearing Member or its parent company or its related corporation becomes insolvent or shall be deemed to be insolvent on the occurrence of any of the following events:—
Added on 7 August 20127 August 2012 and amended on 29 July 201329 July 2013.
7A.01.4
A Clearing Member shall immediately notify the Clearing House upon the occurrence of any of the events stated in Rule 7A.01.1.
Added on 7 August 20127 August 2012.
7A.01.5
Where the Clearing House becomes aware of the occurrence of any of the events stated in Rule 7A.01.1, the Clearing House may take any of the following actions:
Added on 7 August 20127 August 2012.
7A.01A.1
On the occurrence of any of the following events, or if the Clearing House in its discretion determines that any of the following events has occurred, the Clearing House may declare an event of default:—
Added on 26 April 201326 April 2013 and Amended on 29 July 2022.
7A.01A.2B Application of the Clearing Fund
Added on 17 July 201917 July 2019 and Amended on 29 July 2022.
7A.01A.2C Application of the Clearing House First Loss Contribution
Added on 17 July 201917 July 2019 and Amended on 29 July 2022.
7A.01A.2D Application of Clearing Fund Deposits of Active Clearing Members
Added on 17 July 201917 July 2019 and Amended on 29 July 2022.
7A.01A.2E Application of the Clearing House Intermediate Contribution
Added on 17 July 201917 July 2019 and Amended on 29 July 2022.
7A.01A.2F Application of the Connect Layer upon the declaration of Trigger Event
Added on 29 July 2022.
7A.01A.2G Application of the Clearing Member Connect Layer Contribution Requirement
Where the Clearing House Connect First Loss Contribution has been exhausted and there are residual losses outstanding, the Clearing Member Connect Layer Contribution Requirement will be applied to cover the losses. The Clearing Members’ liability for the residual loss will be on a pro-rata basis, calculated based on their respective contribution requirement.
Added on 29 July 2022.
7A.01A.3
Where Clearing Members' Clearing Fund Deposits or Further Assessment Amounts are used and applied in accordance with Rules 7A.01A.2B.2 and 7A.01A.2D, the limits to one or more Clearing Members' liabilities in respect of such funds as set out in Rule 7A.06.6.6 or Rule 7A.06.9 may be reached. As a consequence of the foregoing, the contributions of Clearing Members which remain liable in respect of the relevant source of funds may remain unexhausted, while outstanding losses remain following such use and application of the source of funds. In such instances, the following shall apply:
- a. the remaining contributions of Clearing Members in respect of the relevant source of funds shall be applied to meet the outstanding loss, subject to their limits set out in Rule 7A.06.6.6 and Rule 7A.06.9; and
- b. the liability of each Clearing Member for such loss shall be determined as described in Rules 7A.01A.2B.2 and 7A.01A.2D, whichever is applicable, subject always to the operation of Rule 7A.06.6.5.
Added on 26 April 201326 April 2013, amended on 30 June 201430 June 2014, 12 November 201812 November 2018, 17 July 201917 July 2019 and 31 October 2024.
7A.01A.4
If the Clearing House is unable to ascertain any of its losses in relation to a potential Flat Rate adjustment promptly after an event of default, the Clearing House may estimate its loss as if such estimated loss has already been ascertained, and apply the Clearing Fund accordingly. Upon ascertaining its actual loss suffered in relation to a Flat Rate adjustment, the Clearing House will debit or credit the monies to the Clearing Fund accordingly.
Added on 26 April 201326 April 2013.
7A.01A.5
An event of default can occur in one or more Contract Classes. Each of the following limbs comprises a Contract Class:
Added on 26 April 201326 April 2013, amended on 12 November 201812 November 2018 and 17 July 201917 July 2019.
7A.01A.6
An event of default shall be deemed to have fallen within a particular Contract Class if the defaulting Clearing Member had open commitment or outstanding obligations to the Clearing House in that Contract Class at the time of such default.
Added on 26 April 201326 April 2013.
7A.01A.7
An event of default that is due to the insufficiency of a Clearing Member's Collateral deposited with, provided to or otherwise made available to the Clearing House to fully discharge such Clearing Member's obligations to the Clearing House, or is due to the insolvency of a Clearing Member, shall be deemed for the purpose of Chapter 7A to have occurred in each Contract Class that Clearing Member was clearing or had open commitment in at the time of default.
Added on 26 April 201326 April 2013 and amended on 17 July 201917 July 2019.
7A.01A.8
Where an event of default is due to:
a default shall be deemed to have occurred in the class of Contracts that are listed for trading on the Exchange or the Relevant Market.
Added on 26 April 201326 April 2013 and Amended on 29 July 2022.
7A.01A.9
An event of default that is due to conversion, theft, breach of trust or embezzlement of a Clearing Member, or any other cause shall be deemed to have occurred in each Contract Class that Clearing Member was clearing or had open commitment in at the time of default.
Added on 26 April 201326 April 2013.
7A.01A.10
While application of the Clearing Fund shall be mandatory, the detailed implementation of Rule 7A.05 and 7A.06 shall be the responsibility of the Clearing House.
Added on 26 April 201326 April 2013.
7A.01A.11
Without prejudice to the generality of Chapter 1, the Clearing House shall not be liable to any Clearing Member or any Third Party in respect of any damage, loss, cost or expense of whatsoever nature (whether direct, indirect, special or consequential, including without limitation any loss of business, revenue, goodwill, bargain or profit), suffered or incurred by such Clearing Member or Third Party, arising out of or in connection with the declaration or non-declaration of an event of default by the Clearing House.
Added on 26 April 201326 April 2013.
7A.01C Trigger Events under the Connect
The Clearing House may declare that a Trigger Event has occurred in respect of the Connect Counterparty and/or Connect Broker when it determines, in its sole discretion, that any of the following has occurred:
Added on 29 July 2022.
7A.02.1
When a Clearing Member having open positions has defaulted upon its obligation to the Clearing House, or has been suspended, the Clearing House may:—
Added on 7 August 20127 August 2012 and amended on 8 November 20128 November 2012, 26 April 201326 April 2013, 31 December 201331 December 2013, 30 June 201430 June 2014, 2 May 20162 May 2016, 19 September 201619 September 2016 and 17 July 201917 July 2019.
7A.02.2
Added on 7 August 20127 August 2012 and amended on 17 July 201917 July 2019.
7A.02.3
Added on 7 August 20127 August 2012 and amended on 25 May 201525 May 2015 and 29 July 2022.
7A.02A Open Positions of Connect Broker and Clearing Members holding Positions in Connect Contracts
Added on 29 July 2022.
7A.03.1
When a Clearing Member is suspended (including on a voluntary basis) or expelled for a violation of this Rules, other than for insolvency or default on its obligations to the Clearing House, the Clearing House may designate one (1) or more Clearing Members to deal with the open contracts cleared by the suspended or expelled Clearing Member in accordance with the Clearing House's direction.
Added on 7 August 20127 August 2012.
7A.04.1
A Clearing Member suspended for whatsoever reasons including on a voluntary basis shall not have any of the rights of a Clearing Member during the time of his suspension. A suspended Clearing Member may be reinstated upon such conditions as the Clearing House may impose.
Added on 7 August 20127 August 2012.
7A.04.2
Any Clearing Member suspended or expelled pursuant to any other provision of this Rules shall not take on or clear any new Contracts or trades and shall have any or all of the open contracts cleared by it transferred out or closed out pursuant to this Rules as may be appropriate.
Added on 7 August 20127 August 2012.
7A.05.1 Failure by Clearing Member and any other Relevant Market (or its Clearing House) to discharge its obligations to the Clearing House in respect of Contracts
Without prejudice and subject to the other provisions of this Rules:
Added on 7 August 20127 August 2012 and amended on 26 April 201326 April 2013, 31 December 201331 December 2013, 2 May 20162 May 2016, 12 November 201812 November 2018 and 29 July 2022.
7A.06.1 Sources of Funds to Support Losses Borne by Clearing House
Added on 7 August 20127 August 2012 and amended on 12 November 201812 November 2018.
7A.06.2 Clearing Fund Deposit
Added on 7 August 20127 August 2012 and amended on 8 November 20128 November 2012, 26 April 201326 April 2013, 30 June 201430 June 2014, 19 October 201519 October 2015, 12 November 201812 November 2018 and 17 July 201917 July 2019.
7A.06.3 Further Assessment Amount
Added on 7 August 20127 August 2012 and amended on 8 November 20128 November 2012, 26 April 201326 April 2013, 29 July 201329 July 2013, 12 November 201812 November 2018 and 17 July 201917 July 2019.
7A.06.4 Aggregate Clearing House Contributions
Added on 7 August 20127 August 2012 and amended on 29 July 201329 July 2013, 30 June 201430 June 2014 and 17 July 201917 July 2019.
7A.06.6 Use of the Clearing Fund in Respect of Events of Default and/or Trigger Events Occurring Within a Multiple Default Period
7A.06.6.4 The Clearing Fund in the order of priority listed in Rule 7A.01A.2B.2 shall be used and applied in the following manner in respect of events of default and/or a Trigger Event occurring within a Multiple Default Period:
c. In the event that a utilisation of the Clearing Fund draws on only part of the funds available at any source under Rule 7A.01A.2B.2, the next utilisation of the Clearing Fund in connection with the next event of default and/or Trigger Event occurring within the same Multiple Default Period, shall:
ii. where the next event of default and/or Trigger Event occurs in one or more Contract Classes in which all preceding events of defaults and/or Trigger Event in that same Multiple Default Period were not involved, the draw down will revert to the start of the sequence of priority listed in Rule 7A.01A.2B.2 and:
Added on 7 August 20127 August 2012 and amended on 29 July 201329 July 2013, 30 June 201430 June 2014, 12 November 201812 November 2018, 17 July 201917 July 2019, 29 July 2022 and 31 October 2024.
7A.06.7 Rights of Clearing House for Recovery of Loss
Added on 7 August 20127 August 2012 and amended on 26 April 201326 April 2013, 29 July 201329 July 2013 and 17 July 201917 July 2019.
7A.06.8 Clearing Fund Deposits to be Restored
- 7A.06.8.1 In the event that it shall become necessary as provided in Rule 7A.06 to apply all or part of the Clearing Fund Deposits to meet obligations to the Clearing House (other than a Clearing Member's own obligation resulting from the substitution of the Clearing House on its trades), the Clearing Member shall immediately make good any such deficiency in Clearing Fund Deposits prior to the close of business on the Business Day immediately following such application.
- 7A.06.8.2 In the event that the limits to the application of the Clearing Member's Clearing Fund Deposit under Rule 7A.06.9 have been reached, the Clearing Fund Deposits restored in accordance with Rule 7A.06.8.1 shall be applied only to meet the Clearing Member's own obligations to the Clearing House, resulting from the substitution of the Clearing House on its trades.
Added on 7 August 20127 August 2012 and amended on 12 November 201812 November 2018 and 31 October 2024.
7A.06.9 Limit on Non-defaulting Clearing Members’ Liability for Multiple Events of Default
7A.06.9.1 Notwithstanding Rule 7A.01A.2B.2 and subject to Rule 7A.06.9.2, the aggregate amount of a non-defaulting Clearing Member’s Clearing Fund Deposit and Further Assessment Amount that can be applied to meet losses arising from or in connection with all events of default occurring within a period of thirty (30) calendar days shall not exceed an amount equal to three (3) times of that Clearing Member's Prescribed Contributions as at the start of that 30-day period.
7A.06.9.2 Where an event of default occurs, the amount of a non-defaulting Clearing Member’s Clearing Fund Deposit and Further Assessment Amount that is available to meet losses suffered by the Clearing House arising from or in connection with that default is the lower of:
- an amount equal to three (3) times of the Clearing Member’s Prescribed Contributions as at the start of the 30-day period that ends on the day of the event of default less the aggregate amount of that Clearing Member’s Clearing Fund Deposit and Further Assessment Amount that has already been utilised to meet losses arising from or in connection with all other preceding events of default that had occurred in that 30-day period; or
- where the Clearing Member’s Clearing Fund Deposit was adjusted during the aforementioned 30-day period, an amount (“Adjusted Amount”) equal to three (3) times of the consequently adjusted Prescribed Contributions less the aggregate amount of the Clearing Member’s Clearing Fund Deposit and Further Assessment Amount that has already been utilised to meet losses arising from or in connection with events of default that occurred after the day of that adjustment but before the event of default.
In the event the Clearing Member’s Clearing Fund Deposit is adjusted multiple times during the 30-day period, a separate Adjusted Amount shall be calculated for each adjustment and the lowest Adjusted Amount shall apply for the purpose of this Rule 7A.06.9.2.b.
Refer to Practice Note 7A.06.9.
Added on 31 October 2024.
7A.06A.1 Sources of Funds to Support Losses Borne by Clearing House
Added on 29 July 2022.
7A.06A.2 Clearing House Connect Layer Contribution
Added on 29 July 2022.
7A.07.1
A non-defaulting Clearing Member may exercise its rights under Rule 7A.07 if the Clearing House:
Added on 7 August 20127 August 2012.
7A.07.2
While any of the circumstances set out in Rule 7A.07.1 continue, the nondefaulting Clearing Member may, at any time by notice in writing to the Clearing House, specify a date (the "Termination Date") for the termination and liquidation of all Contracts to which it is a party in accordance with Rule 7A.07.4 below.
Added on 7 August 20127 August 2012.
7A.07.3
In the event a Clearing Member exercises its rights under Rule 7A.07.2, the Clearing House may, in its absolute discretion and by notice in writing, take any steps necessary to terminate any related Contract or close out any related positions held with any other Clearing Member, notwithstanding that such Clearing Member is not in default of any of its obligations.
Added on 7 August 20127 August 2012.
7A.07.4
Upon the specification of a Termination Date:
Added on 7 August 20127 August 2012 and amended on 2 May 20162 May 2016.
7A.07.5
If a Termination Amount determined pursuant to Rule 7A.07.4 above is a positive amount, the Clearing House shall pay it to the Clearing Member and if any such Termination Amount is a negative amount, the Clearing Member shall pay it to the Clearing House, in either case in accordance with Rule 7A.07.6. The Clearing House shall notify the Clearing Member of each such Termination Amount, and by which party it is payable, as soon as practicable after the calculation thereof.
Added on 7 August 20127 August 2012.
7A.07.6
A Termination Amount shall be paid in the Base Currency by the close of business on the business day following notification pursuant to Rule 7A.07.5 above.
Added on 7 August 20127 August 2012.
7A.07.7
For the purposes of any calculation required to be made under this Rule 7A.07, the Clearing House may convert amounts denominated in any other currency into the Base Currency at such rate prevailing at the time of the calculation as it shall reasonably select.
Added on 7 August 20127 August 2012.
7A.07.8
The rights of the Clearing House and the Clearing Members under this Rule 7A.07. shall be in addition to, and not in limitation or exclusion of, any other rights which the Clearing House or the Clearing Member may have.
Added on 7 August 20127 August 2012.
7B.1.1
The nomination of an account for the purpose of receiving any funds or other assets to be paid or deposited under this Rules shall, in the case of nomination by a Clearing Member, be in writing to the Clearing House, and in the case of nomination by the Clearing House, be by way of circular or otherwise.
Added on 26 April 201326 April 2013.
7B.2.1
The payment method that is set out in this Rule 7B.2 shall be referred to in this Rules as “Settlement Bank Payment”.
Added on 26 April 201326 April 2013.
7B.2.2
A "Payment Instruction" means an instruction given by the Clearing House to a Settlement Bank to:
The means by which a Payment Instruction may be communicated by the Clearing House to a Settlement Bank shall be as agreed between the Clearing House and the Settlement Bank.
Added on 26 April 201326 April 2013.
7B.2.3
A "Confirmation" in relation to a Payment Instruction means a confirmation by a Settlement Bank to the Clearing House that it will carry out that Payment Instruction.
The means by which a Confirmation shall be made or deemed to have been made and communicated by a Settlement Bank to the Clearing House shall be as agreed between the Clearing House and the Settlement Bank.
Added on 26 April 201326 April 2013.
7B.2.4
A Payment Instruction may be given by the Clearing House in respect of any obligation to pay a sum of money pursuant to or in connection with this Rules. A Payment Instruction shall be irrevocable upon Confirmation of that Payment Instruction by the relevant Settlement Bank.
Added on 26 April 201326 April 2013.
7B.2.5
Where any sum of money is paid pursuant to or in connection with this Rules through Settlement Bank Payment:
Added on 26 April 201326 April 2013.
7B.3.1
Where any sum of money is to be paid pursuant to or in connection with this Rules, the Clearing House may stipulate the payment method through which such payment is to be made and Clearing Members shall comply with such stipulation.
Added on 26 April 201326 April 2013.
7B.3.2
Where any sum of money is paid pursuant to or in connection with this Rules through an Other Payment Method, such payment shall not be considered to have been made to the intended recipient until the payment sum is irrevocably and unconditionally received, in immediately available funds, in such account of the intended recipient as is nominated by the intended recipient.
Added on 26 April 201326 April 2013.
7B.4.1
Any deposit or return of government securities pursuant to or in connection with this Rules shall not be considered to have been made until such government securities are received in such account of the intended recipient as is nominated by the intended recipient.
Added on 26 April 201326 April 2013.
7B.5.1
Any deposit of book-entry securities (as defined in section 81SF of the Securities and Futures Act) by a Clearing Member with the Clearing House pursuant to or in connection with this Rules shall not be considered to have been made until the charge over such securities becomes effective in accordance with section 81SS of the Securities and Futures Act.
Added on 26 April 201326 April 2013 and amended on 3 June 20193 June 2019.
7B.5.2
Any return of book-entry securities (as defined in Section 81SF of the Securities and Futures Act) by the Clearing House to a Clearing Member pursuant to or in connection with this Rules shall not be considered to have been made until the charge over such securities is discharged in accordance with section 81SS of the Securities and Futures Act.
Added on 26 April 201326 April 2013 and amended on 3 June 20193 June 2019.
8.01.1
This Chapter sets out the rights and responsibilities of Clearing Members with respect to a Mutual Offset System.
Amended on 10 August 200710 August 2007.
8.01.2
The procedures of the Clearing House, including the duties of a Clearing Member to members of the Participating Markets for whom the Clearing Member provides clearing services or with whom the Clearing Member has an agreement for Inter-Exchange Transfer (as defined in Rule 8.03.1.3), that are not specifically covered herein, shall be governed by the other provisions of this Rules that are consistent with this Chapter.
Amended on 27 March 200627 March 2006 and 10 August 200710 August 2007.
8.01.3
If the Clearing House has reason to believe that the access to or usage by a Clearing Member of the Mutual Offset System adversely affects the Clearing House or the Mutual Offset System, the Clearing House may suspend the Clearing Member's access to and/or usage of the Mutual Offset System.
Amended on 10 August 200710 August 2007.
8.02.1
The Mutual Offset System may be utilised for only those of the Designated Futures Contracts which may be prescribed by the Clearing House from time to time. The Clearing House may at any time and from time to time delist any contract as a Designated Futures Contract.
8.03.1
For the purposes of a Mutual Offset System and this Rules, the following additional definitions shall apply:
An Authorised Clearing Member of a Participating Market and/or its clearing house which:
An Authorised Clearing Member of a Participating Market and/or its clearing house that accepts and is responsible for executing and/or clearing of a trade on such Participating Market requested and/or initiated by an Originating Clearing Member of the other Participating Market pursuant to the Mutual Offset System.
A clearing member of a Participating Market and/or its clearing house that is authorised to gain access to and use, the Mutual Offset System.
Amended on 10 August 200710 August 2007.
8.04.1
So long as a Mutual Offset System is in effect as between the relevant Participating Markets, a trade will be transferred between Participating Markets and/or their respective clearing houses if all of the following conditions are satisfied:
Amended on 27 March 200627 March 2006 and 10 August 200710 August 2007.
8.05.1 Clearing Members
The Clearing Member who is the Executing Clearing Member with respect to a trade executed on the Exchange pursuant to a Mutual Offset System shall have the same responsibilities to the Clearing House for such trade as for any other trade made on the Exchange until the trade is transferred to another Participating Market.
After a trade executed on the Exchange is transferred to another Participating Market, the Executing Clearing Member shall have no further responsibility to the Clearing House for such trade and shall have no further responsibility to or relationship with the Originating Clearing Member with respect to the position created by such trade.
After a trade executed on a Participating Market other than the Exchange, is transferred to the Exchange, the Originating Clearing Member who is a Clearing Member shall have no further responsibility to or relationship with the Executing Clearing Member of the other Participating Market with respect to the position created by the trade, and the Originating Clearing Member who is a Clearing Member shall have a position on the Exchange and the same responsibilities to the Clearing House for such a position as it would have had if the trade creating the position had been executed on the Exchange and cleared by the Clearing Member.
8.05.2 Other Participating Markets Other Than Exchange
At such time as a trade executed on the Exchange is transferred to another Participating Market, the other Participating Market and/or its clearing house shall be substituted for the Executing Clearing Member who is a Clearing Member with respect to the position created by such trade.
At such time as a trade executed on a Participating Market, other than the Exchange, is transferred to the Exchange, the other Participating Market and/or its clearing house will have a position equal and opposite to the position created by such trade subject to the Inter-Exchange Transfer.
8.05.3 Trade Not Transferred Between Participating Exchanges
Until and unless a trade executed on the Exchange is transferred under the Mutual Offset System to the other Participating Market, the Executing Clearing Member (who is a Clearing Member) shall be and shall remain responsible to the Clearing House to the full extent as with any trade cleared and/or carried by the same.
8.06 Miscellaneous
Notwithstanding the foregoing, the Clearing House shall be entitled, as between the Clearing House and the Clearing Members, to make such rules as the Clearing House deems necessary in relation to any matter concerning the Mutual Offset System and the rights and obligations of the Clearing Members thereto whether by way of Directives or in such other manner as the Clearing House considers appropriate.
9.01.1
Unless the context otherwise requires,
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Term | Meaning |
A | |
"Active Clearing Member" | means a Clearing Member who, in respect of a Contract Class, has cleared Contracts or an open commitment in Contracts belonging to the Contract Class in which an event of default and/or Trigger Event has occurred during the Relevant Period. |
“Adjusted Amount” | shall have the meaning ascribed to it in Rule 7A.06.9.2.b. |
"Affiliate" | is a related corporation of a Clearing Member with respect to accepted instructions to deal for an account belonging to, and maintained wholly for the benefit of, that related corporation. |
"Affiliate Account" | is an account designated by a Clearing Member pursuant to Rule 7.31.1. |
An "Affiliate Contract" | is a Contract booked into an Affiliate Account. |
"Act" | means the Companies Act 1967, or any statutory modification, amendment or re-enactment thereof for the time being in force, or any and every other act which may replace it, and unless the context otherwise requires, includes any subsidiary legislation or regulations made pursuant thereto. |
"acceptable government securities" | — means securities issued by a government with a Moody's Investors Service sovereign rating of at least Aaa, Standard & Poor's Corporation sovereign rating of at least AAA, Fitch, Inc sovereign rating of at least AAA or such other rating or such other government security, as may otherwise be prescribed by and acceptable to the Clearing House from time to time. |
"adjusted net head office funds" | has the the meaning ascribed thereto in Regulation 2 of the SFR (Financial and Margin Requirements). |
"ADP Notice" | shall have the meaning ascribed to it under Rule 6.09.2. |
"Aggregate Clearing House Contribution" | shall have the meaning ascribed to it in Rule 7A.06.4.1. |
“Aggregate Clearing House Connect Layer Contribution” | shall have the meaning ascribed to it in Rule 7A.06A.2.1. |
"aggregate indebtedness" | shall have the meaning ascribed thereto under Regulation 2 of the SFR (Financial and Margin Requirements). |
"aggregate resources" | — when used in reference to:— a. a Clearing Member incorporated in Singapore, means its financial resources and qualifying letters of credit referred to in Rule 2.07C less its total risk requirement; and b. a General Clearing Member or Direct Clearing Member incorporated outside Singapore or a Bank Clearing Member incorporated outside Singapore which has satisfied Rule 2.02B.1.11.c, means its adjusted net head office funds and qualifying letters of credit referred to in Rule 2.08C less its total risk requirement. |
"Alternative Delivery Procedure" | means delivery of the underlying Commodity under different terms and conditions from the Delivery Rules relating to the relevant Contract. |
"Applicable Customer Account" | means an account designated by a Clearing Member pursuant to Rule 7.30.1. |
"Applicable Customer Contract" | means a Contract booked into an Applicable Customer Account. |
"Asset(s)" | [Rule has been deleted.] |
"Authorised Clearing Member" | shall have the meaning ascribed to it in Rule 8.03.1.2A. |
"Authority" | means the Monetary Authority of Singapore, a body corporate established under the Monetary Authority of Singapore Act 1970. |
B | |
"Baltic Exchange" | means the Baltic Exchange Limited or its successor. |
"Bank Clearing Member" | means a Clearing Member who has such rights and obligations as set out in Chapter 2. For the avoidance of doubt, a reference to a Bank Clearing Member incorporated outside Singapore shall refer to the branch located in Singapore, of a parent bank incorporated outside Singapore. |
"base capital" | —when used in reference to:— a. a General Clearing Member or a Direct Clearing Member, shall have the meaning ascribed thereto under Regulation 2 of the SFR (Financial and Margin Requirements);and b. a Bank Clearing Member or a Remote Clearing Member, means its paid-up ordinary share capital and unappropriated profit or loss. |
"Board" | means the Board of Directors for the time being of the Clearing House or such number of them as have authority to act for the Board. |
"Business Day" | — Except as otherwise specified in the terms of any relevant Contract with respect to such Contract and the rights and obligations flowing therefrom, any day on which the Clearing House is open for business. |
"business governed by this Rules" or "operations governed by this Rules" | when used in reference to:— a. a Bank Clearing Member incorporated in Singapore or a Bank Clearing Member incorporated outside Singapore which has satisfied Rule 2.02B.1.11.c, shall mean its business or operations (whichever is applicable) involving all derivatives and securities contracts traded on any exchange and all contracts novated to any clearing facility; and b. a Bank Clearing Member incorporated outside Singapore which has satisfied Rule 2.02B.1.11.a or b, shall mean its business or operations (whichever is applicable) involving derivatives and securities contracts traded on the Exchange and SGX-ST and all contracts novated to the Clearing House and CDP. |
"Buyer" | shall: a. for the purpose of Rule 5.01.2 and Chapter 6, refer to the buying party who is responsible for taking delivery of the underlying Commodity under a Contract or delivery contract through the Buying Member, unless such Buyer is itself the Buying Member. b. for the purpose of Rule 7.02A, where it is not the Clearing Member itself, refer to a party for whom the Clearing Member maintains an account and who is a buyer in an Non-Relevant Market Transaction and otherwise shall refer to the Clearing Member itself. Where the Buyer is the Clearing Member itself, references in Rule 7.02A to the Clearing Member "acting for a Buyer" shall be correspondingly read as if the words "acting for a Buyer" were superfluous. |
"Buying Member" | for the purposes of Chapter 6, shall refer, if it is not itself the Buyer with respect to any Contract or delivery contract, to the Clearing Member who clears for the Buyer or, with respect to any specific obligation to be performed by such Clearing Member, such other person as this Rules may provide in lieu of the Buying Member. |
C | |
"Capital Markets Services Licence" | has the meaning ascribed to it in the SFA. |
"CDP" | means The Central Depository (Pte) Limited. |
"CEA" | means the U.S. Commodity Exchange Act. |
"CFTC" | means the U.S. Commodity Futures Trading Commission. |
"CFTC Regulations" | means the rules and regulations promulgated by the CFTC. |
"chief executive officer" | shall mean any person, by whatever name described, who is in the direct employment of, or acting for or by arrangement with, the Clearing Member and is principally responsible for the management and conduct of the business of the Clearing Member. |
"Circular" | shall have the meaning ascribed to it in Rule 1.02.2. |
"Cleared Swaps Customer" | means a customer of an FCM Clearing Member with positions in Cleared Swaps (as defined in CFTC Regulation 22.1, including Non-Relevant Market Contracts) that the FCM Clearing Member clears with the Clearing House, excluding any entity that controls, is controlled by or is under common control with such FCM Clearing Member, and the account of which would be considered a proprietary account of the FCM Clearing Member pursuant to the CFTC Regulations. Any such customer is deemed a Cleared Swaps Customer only with respect to its positions in Cleared Swaps. |
"Cleared Swaps Customer Account" | means an account carried on the books of the Clearing House for an FCM Clearing Member and for or on behalf of a Cleared Swaps Customer. |
"Cleared Swaps Customer Collateral" | means Collateral deposited with or provided to the Clearing House by an FCM Clearing Member in connection with a Cleared Swaps Customer Account. |
[Deleted] | [Deleted] |
"Clearing Fund" | means the clearing fund established in accordance with Rule 7A.06.1. |
"Clearing Fund Deposit" | means an amount required to be deposited with the Clearing House by each Clearing Member as security for its obligations to the Clearing House in accordance with Rule 7A.06.2. |
"Clearing House" | means the Singapore Exchange Derivatives Clearing Limited by whatever name called or its successor and assigns and where the context so requires such authorised personnel acting in its name. |
“Clearing House Connect Layer Contribution” | means the total contribution by the Clearing House to the Connect Layer pursuant to Rule 7A.06A.2. |
"Clearing House Contribution" | [This definition has been deleted] |
"Clearing House First Loss Contribution" | is that part of the Aggregate Clearing House Contribution which is allocated as such pursuant to Rule 7A.06.4.1.a1 |
"Clearing House Examiner" | shall have the meaning ascribed to it in Rule 4.01A.5. |
"Clearing House Intermediate Contribution" | is that part of the Aggregate Clearing House Contribution which is allocated as such pursuant to Rule 7A.06.4.1.b1 |
"Clearing Member" | means a corporation granted or admitted to be a member of the Clearing House pursuant to this Rules and shall include a General Clearing Member, a Direct Clearing Member and a Bank Clearing Member. |
“Clearing Member Connect Layer Contribution Requirement” | means an amount required to be contributed by Clearing Members participating in the Connect Contracts to the Connect Layer in accordance with Rule 7A.06A.1.3. |
"Clearing Membership" | means membership of the Clearing House pursuant to this Rules. |
"Collateral" | means all or any of the monies and assets deposited with, or otherwise provided to, the Clearing House by or for a Clearing Member as margin, Clearing Fund Deposit, Further Assessment Amount, Clearing Member Connect Layer Contribution Requirement or any other form of credit support and/or security as may be required under this Rules or as otherwise directed by the Clearing House, but shall not include Performance Deposits or other Escrow Assets. |
"Collective Customer" | shall have the meaning ascribed to it in Rule 2.20.3.1. |
"Collective House Accounts" | shall have the meaning ascribed to it in Rule 2.20.3.2. |
"Commodity" | includes:— a. any "commodity" as defined in the SFA from time to time; b. any financial instrument; c. gold, freight, any class of oil or any other physical commodity; and d. any commodity as may be specified by the Clearing House from time to time. |
"Confirmation" | has the meaning ascribed to it in Rule 7B.2.3. |
“Connect” | means the NSE IFSC - SGX Connect, an arrangement established for the purpose of facilitating access to trading of Connect Contracts on the Connect Market by Trading Members. |
“Connect Broker” | means SGX India Connect IFSC Private Limited. |
“Connect Contract” | means an instrument, contract or transaction, or class of instruments, contracts or transactions that are designated in Appendix 2 for clearing. |
“Connect Counterparty” | means the NICCL or such other entity as may be referred to for the purposes of facilitating access to clearing of Connect Contracts in GIFT. |
“Connect Exchange” | means the NSE IFSC or such other entity as may be referred to for the purposes of facilitating access to trading of Connect Contracts in GIFT. |
“Connect Layer” | means the additional layer of funds as established in accordance with Rule 7A.06A for the purposes of the Connect. |
“Connect Market” | means the market operated by the NSE IFSC in GIFT and accessed via the Connect Broker. |
"Contract" | means the rights and obligations incurred through: a. unless otherwise excluded by the context, a trade on the Exchange or any Relevant Market which may be satisfied by offset or by delivery or such other means as provided in the rules of the Exchange or the Relevant Market or the relevant Contract Specifications (as the case may be) as novated to the Clearing House pursuant to Rule 7.04; or b. unless otherwise excluded by the context, a trade pursuant to an Non-Relevant Market Transaction which may be satisfied by offset or by delivery or such other means as provided in this Rules or the relevant Contract Specifications as novated to the Clearing House pursuant to Rule 7.04. c. [deleted] |
"contract" | means the rights and obligations incurred through any trade or transaction whether or not through a market, and if through a market, whether or not the same is a Relevant Market and whether or not it relates to a Commodity, security or a futures contract as defined in the SFA. |
"Contract Class" | refers to any of the classes of Contracts set out in Rule 7A.01A.5. |
"Contract Month" | unless the relevant Contract Specifications otherwise provides, means the specified month within which a Contract matures and can be settled by delivery. |
"Contract Specifications" | means the commercial and technical terms of a Contract which is listed for trading on the Exchange or any Relevant Market or an Non-Relevant Market Contract, including the Contract size, Contract Month, trading hours, Underlying, exercise price, minimum price fluctuation, Last Trading Day, settlement basis and method of exercise. |
"counterparty risk requirement" | shall have the meaning ascribed to it in the Notice on Risk Based Capital Adequacy Requirements for Holders of Capital Markets Services Licences. |
"Coupon Settlement Price" | [This definition has been deleted.] |
"Corporation" | means a corporation within the meaning of the Act. |
"Customer" | means a person whose account is carried on the books of a Clearing Member except where such person is:— a. the Clearing Member itself with respect to the proprietary account of the Clearing Member; b. a director, officer, employee or representative of the Clearing Member; and c. related corporation of the Clearing Member with respect to accepted instructions to deal for an account belonging to, and maintained wholly for the benefit of, that related corporation. |
A "Customer Account" | is an account carried on the books of a Clearing Member belonging to and maintained wholly for the benefit of a Customer and, unless otherwise provided, includes an Applicable Customer Account. |
A "Customer Contract" | is a Contract of a Customer and, unless otherwise provided, includes an Applicable Customer Contract. |
D | |
"delivery contract" | means the contract which arises directly between such parties as specified in the relevant Contract Specifications, upon the re-novation process referred to in Rule 6.02A.7. |
"delivery default" | shall have the meaning ascribed to it in the relevant Contract Specifications or otherwise refer to the failure to perform any material act in relation to the delivery of a Commodity in accordance with the Contract Specifications. |
"Delivery Month" | unless the relevant Contract Specifications otherwise provides, means the specified month in which the delivery period of a Contract subject to physical delivery, begins. |
"Delivery Obligations" | means all delivery obligations of a Seller or Buyer or clearing member of any Relevant Market, under a Contract or delivery contract. |
"Delivery Rules" | shall have the meaning ascribed to it in Rule 6.01.1. |
"depositing party" | shall have the meaning ascribed to it in Rule 6.07.1. |
"Designated Futures Contract" | means a futures contract including a futures contract or an option contract, which is traded on Participating Markets and which has been designated pursuant to the terms of the agreement between the Clearing House and the Participating Markets in respect of the Mutual Offset System as a futures contract or option contract eligible for trading under the Mutual Offset System. |
"Direct Clearing Member" | means a Clearing Member who has such rights and obligations as set out in Chapter 2. |
"Directive" | shall have the meaning ascribed to it in Rule 1.02.2. |
"Director" | means any person acting as a Director of the Clearing House and any person duly appointed and acting for the time being as an alternate. |
"disputes" | shall have the meaning ascribed to it in Rule 5.01.1. |
E | |
"Eligible Non-Relevant Market Contract" | means any Non-Relevant Market Contract accepted by the Clearing House for clearing (subject to this Rules), as prescribed by the Clearing House from time to time. |
"Eligible OTCF Contracts" | [This definition has been deleted.] |
"Eligible Non-Relevant Market Transaction" | [This definition has been deleted] |
"Eligible OTCF Transaction" | [This definition has been deleted.] |
"Escrow Asset" | means any Title Document, letter of credit, financial instrument, property or money (including Performance Deposits and other payments) which the Clearing House holds or is to hold as escrow agent pursuant to this Rules and/or the relevant Contract Specifications. |
"Exchange" | means the Singapore Exchange Derivatives Trading Limited by whatever name from time to time called and shall include its successors and assigns. |
"Exchange of Futures for Physical" / "EFP" | means a contract for the simultaneous exchange of a Futures Contract (as defined in the Trading Rules) for the corresponding physical underlying. |
"Exchange of Futures for Swap" / "EFS" | means a contract for the simultaneous exchange of a Futures Contract (as defined in the Trading Rules) for a corresponding Non-Relevant Market Contract. |
F | |
"Facilitator Agent" | shall have the meaning ascribed to it in Rule 6.07A. |
"Final Settlement Price" | means the price at which a Contract is settled at maturity, pursuant to any procedure prescribed by the Clearing House or the relevant Contract Specifications, as the case may be. |
"financial resources" | has the meaning ascribed thereto in Regulation 2 of the SFR (Financial and Margin Requirements). |
"First Original OTCF Contract Counterparty" | [This definition has been deleted.] |
"Flat Rate" | — as published by Worldscale Association (London) Limited and Worldscale Association (NY) Inc. |
"FCM" | means a futures commission merchant, as defined under the CEA, that is registered in such capacity with the CFTC. |
"FCM Clearing Member" | means a Clearing Member that is also an FCM that clears Non-Relevant Market Contracts and/or OTCF Contracts for Cleared Swaps Customers. |
"Force Majeure" | shall have the meaning ascribed to it in Rule 6.02A.10.4 or Rule 6.02A.10.5, whichever is applicable. |
"free financial resources" | shall have the meaning ascribed to it in Regulation 24 of the SFR (Financial and Margin Requirements). |
"Further Assessment Amount" | shall have the meaning ascribed to it in Rule 7A.06.3. |
G | |
"General Clearing Member" | means a Clearing Member who has such rights and obligations as set out in Chapter 2. |
“GIFT” | means Gujarat International Finance Tec-City. |
H | |
"Holiday" | means any day as may be declared to be a holiday by the Clearing House from time to time. |
"House Account" | is an account carried on the books of a Clearing Member which is not a Customer Account and, unless otherwise provided, includes an Affiliate Account. |
A "House Contract" | is a Contract for: a. the Clearing Member itself with respect to the proprietary account of the Clearing Member; or b. a director, officer, employee or representative of the Clearing Member; or c. an Affiliate. |
I | |
"Inter Dealer Broker" | means a party who: a. has signed an agreement with the Clearing House for the access to and use of the Trade Registration System; and b. is designated by the Clearing House as eligible to submit Non-Relevant Market Transactions, NLT transactions, EFP transactions or EFS transactions to the Clearing House on behalf of a Clearing Member pursuant to this Rules. |
"initial margin" | means the minimum amount required to be deposited by Third Parties (including Customers) with a Clearing Member: a. for each open Contract as prescribed by the Clearing House; b. for each open contract traded on an exchange other than the Exchange, as prescribed by the relevant exchange or clearing house; or c. [Deleted] d. in relation to any potential Flat Rate adjustment applicable to freight forward contracts for tanker voyage routes, as prescribed by the Clearing House. |
"inter-exchange cross-margining" | shall have the meaning ascribed to it in Rule 7.22A.1. |
"Irredeemable and Non-Cumulative Preference Share Capital" | has the meaning ascribed to it in Regulation 2 of the SFR (Financial and Margin Requirements). |
L | |
"Last Trading Day" | means the last day during which trading may be conducted in a Contract prior to expiration pursuant to the relevant Contract Specifications. |
"Leveraged Foreign Exchange Trading" | shall have the meaning ascribed thereto under the SFA. |
M | |
"maintenance margin" | shall: a. for the purpose of Rule 7.22, refer to the minimum balance which shall be maintained in a Third Party's (including a Customer's) account subsequent to the deposit of the initial margins: i. for that Third Party's open positions in Contracts as prescribed by the Clearing House; ii. for that Third Party's open positions in contracts traded on exchanges other than the Exchange, as prescribed by the relevant exchanges or clearing houses; and iii. [Deleted] iv. in relation to any potential Flat Rate adjustment applicable to freight forward contracts for tanker voyage routes, as prescribed by the Clearing House for that Third Party. b. for the purpose of the rest of this Rules, mean the minimum balance prescribed by the Clearing House which shall be maintained in a Clearing Member's account for that Clearing Member's open position in respect of each Contract. |
"Market" | shall have the meaning ascribed to "organised market" under the SFA while "market" shall include but not be limited to "Market". |
“Minimum Aggregate Clearing House Contribution” | is an amount equivalent to 25% of the Clearing Fund size |
"Multiple Default Period" | shall have the meaning ascribed to it in Rule 7A.06.6.1. |
"Mutual Offset System" | means the system established pursuant to an agreement or agreements between Participating Markets and/or their respective clearing houses, whereby Authorised Clearing Members may establish or liquidate a position in respect of Designated Futures Contracts on either Participating Market through the execution of trades on the appropriate Participating Market in accordance with the terms thereof. |
N | |
"Negotiated Large Trade" / "NLT" | means large trades executed outside any electronic trading platform operated by the Exchange and pursuant to minimum thresholds and other procedures prescribed by the Exchange. |
"net head office funds" | means with respect to a corporation incorporated or established outside Singapore, the net liability of the Singapore branch to its head office and any other branches outside of Singapore. In the case of a Bank Clearing Member, its net liability shall include, without limitation, the liability of its Asian Currency Unit. |
“NICCL” | means NSE IFSC Clearing Corporation Limited. |
"Non-Relevant Market Contract or Transaction" | means a contract or transaction that is not listed or quoted for trading on the Exchange or any Relevant Market. |
“NSE IFSC” | means NSE IFSC Limited. |
O | |
"Officers" | shall have the meaning ascribed to it in Rule 6.07.4. |
"Omnibus Account" | — An account that as between the Clearing Member carrying it and the person who requested its opening and maintenance by the Clearing Member (the "Omnibus Account Holder") is to be regarded as an account carried for customers of the Omnibus Account Holder in the name of the Omnibus Account Holder. In this connection, the expression "customer of the Omnibus Account Holder" shall mean the person whom the Account Holder regards as being the person beneficially entitled to positions established under such account. A "Sub-Account" is an account maintained in or under an Omnibus Account. |
"Original OTCF Contract Counterparties" | [This definition has been deleted.] |
"OTCF Clearing Member Handbook" | [This definition has been deleted.] |
"OTCF Contract or Transaction" | [This definition has been deleted.] |
"OTCF Contract Terms" | [This definition has been deleted.] |
"Other Payment Method" | means any payment method other than Settlement Bank Payment or payment as described in Rule 7.14. |
"Other Regulator" | means any regulator, other than the Authority, who has regulatory oversight over the clearing activities of the Clearing House. |
P | |
"Participating Clearing Member" | [This definition has been deleted.] |
"Participating Market" | means a Market and (where relevant) its clearing house which is/are parties to the Mutual Offset System and has assumed rights and obligations thereunder. |
"Payment Instruction" | has the meaning ascribed to it in Rule 7B.2.2. |
"Performance Deposit" | means the amount, as prescribed in the relevant Contract Specifications, which a depositing party posts with the Clearing House, to secure the performance of a delivery contract. Such deposit shall be in cash or in the form of an irrevocable Letter of Credit or any other security in a form and issued by a bank acceptable to the Clearing House. |
"person" | means any individual or any corporation or association or body of persons, corporate or unincorporate. |
"Platts" | — a division of The McGraw-Hill Companies, Inc. or its successor. |
a "position" or "open contract" or "open position" | means any Contract which shall not have been liquidated by offset or delivery pursuant to this Rules or relevant Contract Specifications. |
"Practice Note" | shall have the meaning ascribed to it in Rule 1.02.2. |
“Prescribed Contributions” | means the aggregate of a Clearing Member’s Clearing Fund Deposit and Further Assessment Amount as determined by the Clearing House pursuant to Rules 7A.06.2 and 7A.06.3 respectively. |
"Property/Properties" | [Rule has been deleted.] |
Q | |
"Qualifying Date" | means the close of business on the date immediately preceding the Transfer Date (as defined below). |
"qualifying letter of credit" | has the meaning ascribed to it in Regulation 2 of the SFR (Financial and Margin Requirements). |
"qualifying subordinated loan" | shall have the meaning ascribed thereto in Regulation 2 of the SFR (Financial and Margin Requirements). |
R | |
"Reference Price" | [This definition has been deleted.] |
"related corporation" | means a corporation within the meaning of the Act. |
"Relevant Market" | means any Market or any organisation (whether an exchange, association, corporation or otherwise) responsible for administering a futures, options, stock or other market as the Clearing House may prescribe, and includes the Exchange, Connect Market and each Participating Market. |
"Relevant Party" | shall have the meaning ascribed to it in Rule 1.01.4. |
"Relevant Period" | in relation to an event of default and/or Trigger Event, refers to a period of six (6) months preceding the day the event of default and/or Trigger Event was declared by the Clearing House. |
"relevant person" | shall have the meaning ascribed to it in Rule 2.17.1.2. |
"Relevant Regulatory Authority" | means: (a) the authority(ies) or regulatory body(ies) that regulate(s) a Clearing Member's activities in the country where it is carrying on such activities and from which it has applied for Clearing Membership; and (b) where the Clearing Member is carrying on regulated activities in Singapore, the MAS. |
"Remote Clearing Member" | means a Clearing Member who has such rights and obligations as set out in Chapter 2. |
"re-novation" | shall have the meaning ascribed to it in Rule 6.02A.7. |
"Required Participant" | means an Active Clearing Member in the Contract Class specified in Rule 7A.01A.5.a who has cleared or had an open commitment in the Contracts being auctioned on the day of the relevant event of default. |
"RRA Financial Requirement" | means all applicable financial requirements (whether relating to capital, liquidity, risk or otherwise) imposed on a Clearing Member by its Relevant Regulatory Authority. |
"Rules" or "this Rules" | means the rules of the Clearing House as set out herein and as amended or supplemented from time to time by the Clearing House which includes the Directives. |
S | |
"Second Original OTCF Contract Counterparty" | [This definition has been deleted.] |
"Security Deed" | means the deed, in such form as prescribed by the Clearing House, setting out the terms under which a Clearing Member's Collateral is provided to, and held by, the Clearing House. |
"Security Interest" | means any mortgage, charge, assignment by way of security, pledge, encumbrance, lien, right of set-off, right of consolidation of accounts, retention of title, trust or flawed asset arrangement for the purpose of, or which has the effect of, granting security or credit support or other interests of any kind whatsoever over or in respect of Collateral. |
"securities" | shall have the meaning ascribed to it in the CDP Clearing Rules. |
"Seller" | shall, a. for the purpose of Rule 5.01.2 and Chapter 6, refer to the selling party who is responsible for making delivery of the underlying Commodity under a Contract or delivery contract through the Selling Member, unless such Seller is itself the Selling Member. b. for the purpose of Rule 7.02A, where it is not the Clearing Member itself, refer to a party for whom the Clearing Member maintains an account and who is a seller in an Non-Relevant Market Transaction and otherwise shall refer to the Clearing Member itself. Where the Seller is the Clearing Member itself, references in Rule 7.02A to the Clearing Member "acting for a Seller" shall be correspondingly read as if the words "acting for a Seller" were superfluous. |
"Selling Member" | for the purposes of Chapter 6, shall refer, if it is not itself the Seller with respect to any Contract or delivery contract, to the Clearing Member who clears for the Seller or, with respect to any specific obligation to be performed by such Clearing Member, such other person as this Rules may provide in lieu of the Selling Member. |
"Settlement Bank" | means a bank approved by the Clearing House to carry out Settlement Bank Payment. |
"Settlement Bank Payment" | has the meaning ascribed to it in Rule 7B.2.1. |
"settlement price" | means the official daily closing price of Contracts determined in accordance with Rule 7.11. |
"Settlement Variation" | means the dollar amount(s) due one (1) or more times in the course of each Business Day to or from the Clearing House to or from a Clearing Member calculated by the Clearing House with respect the relevant positions of a Clearing Member as determined by the Clearing House. |
"SFA" or the "Securities and Futures Act" | means the Securities and Futures Act 2001, or any statutory modification, amendment or re-enactment thereof for the time being in force, or every and any other act which may replace it, and unless the context otherwise requires, includes any subsidiary legislation or regulations made pursuant thereto. |
"SFR" | means any regulation promulgated under the SFA or any statutory modification, amendment or re-enactment of such regulation for the time being in force, and any reference to any provision of the SFR is to that provision as so modified, amended or re-enacted (or as contained in any subsequent regulation which may replace the SFR). |
"SFR (Financial and Margin Requirements)" | means the Securities and Futures (Financial and Margin Requirements for Holders of Capital Markets Services Licences) Regulations or any statutory modification, amendment or re-enactment thereof for the time being in force, or any regulations which may replace the SFR (Financial and Margin Requirements), and any reference to any provision of the SFR (Financial and Margin Requirements) is to that provision as so modified, amended or re-enacted or as contained in any subsequent regulations which may replace the SFR (Financial and Margin Requirements). |
"SFR (Licensing and Conduct of Business)" | means the Securities and Futures (Licensing and Conduct of Business) Regulations or any statutory modification, amendment or re-enactment thereof for the time being in force, or any regulations which may replace the SFR (Licensing and Conduct of Business), and any reference to any provision of the SFR (Licensing and Conduct of Business) is to that provision as so modified, amended or re-enacted or as contained in any subsequent regulations which may replace the SFR (Licensing and Conduct of Business). |
"SGX" | means Singapore Exchange Limited. |
"SGX Board" | means the board of directors for the time being of Singapore Exchange Limited or such number of them as have authority to act for the SGX Board. |
"SGX RegCo" | means Singapore Exchange Regulation Pte. Ltd. |
"SGX RegCo Board" | means the board of directors for the time being of SGX RegCo or such number of them as have authority to act for the SGX RegCo Board. |
"SGX-ST" | shall mean Singapore Exchange Securities Trading Limited. |
"SIAC" | means the Singapore International Arbitration Centre. |
"S$" | means the Singapore Dollar or the lawful currency of Singapore. |
T | |
"Third Party" | means any third party maintaining an account with a Clearing Member and who is not privy to the substitution process between the Clearing House and a Clearing Member, pursuant to Rule 7.04, including without limitation the Customer and parties falling within exception (b) and (c) of the definition of "Customer" above defined and "Third Parties" shall refer to 2 or more of such third parties. |
"time" | — Except as otherwise specifically provided, any reference to time shall mean local Singapore time. |
"Title Documents" | shall have the meaning ascribed to it in the Trading Rules. |
"total net equity" | means the ledger balance of a Third Party's account, including adjustments to the account arising from unrealised gains or losses on open positions, and margins deposited by the Third Party. |
"total risk requirement" | has the meaning ascribed thereto in Regulation 2 of the SFR (Financial and Margin Requirements). |
"Trade Registration System" | means the software and systems provided by the Clearing House or any third party systems provider approved by the Clearing House to Clearing Members, Inter Dealer Brokers or such other parties authorised by the Clearing Members and, where required under this Rules, approved by the Clearing House, for the purpose of registering Non-Relevant Market Transactions, NLT transactions, EFP transactions and/or EFS transactions with the Clearing House. |
"Trading Day" | means any day on which the Exchange is open for trading or deliveries. |
"Trading Member" | means an individual or corporation granted trading privileges by the Exchange as contemplated in the Trading Rules. |
"Trading Rules" | means the Trading Rules of the Exchange, as applied, interpreted or implemented by directives, regulatory notices and practice notes issued by the Exchange. "Transfer Date" — 1 October 2000. |
“Trigger Event” | an event declared by the Clearing House as set out in Rule 7A.01C. |
U | |
"Underlying" | means any asset, Commodity, instrument, index, reference rate or any other thing whose price movement determines the value of the Contract. |
"US$" | — The United States Dollar or the lawful currency of the United States of America. |
W | |
"Winning Bid Price" | means the price stated in the winning bid for an auction held pursuant to Rule 7A.02.1.3.c. |
"writing" or "written" | — Includes printing, lithography, typewriting and any other mode of representing or reproducing words in a visible form. |
Amended on 27 March 200627 March 2006, 22 September 200622 September 2006, 26 January 200726 January 2007, 10 August 200710 August 2007, 25 August 200925 August 2009, 1 October 20091 October 2009, 22 February 201022 February 2010, 10 May 201010 May 2010, 16 July 201216 July 2012, 7 August 20127 August 2012, 8 November 20128 November 2012, 26 April 201326 April 2013, 29 July 201329 July 2013, 31 December 201331 December 2013, 30 June 201430 June 2014, 29 December 201429 December 2014, 2 May 20162 May 2016, 19 September 201619 September 2016, 14 November 201614 November 2016, 25 January 201725 January 2017, 15 September 201715 September 2017, 8 October 20188 October 2018, 12 November 201812 November 2018, 22 April 201922 April 2019, 3 June 20193 June 2019, 17 July 201917 July 2019, 18 January 2022, 29 July 2022 and 31 October 2024.
9.02.1
Any word importing the singular number only shall, where the context permits, include the plural number and vice versa.
Amended on 27 March 200627 March 2006.
9.02.2
Any word importing the masculine gender shall include the feminine gender and shall, where the context permits or requires, include a partnership or an incorporated company.
Amended on 27 March 200627 March 2006.
9.02.3
Save as aforesaid, any word or expression used in the Act and the Interpretation Act 1965, shall, if not inconsistent with the subject or context, have the same meaning in this Rules.
Amended on 27 March 200627 March 2006 and 18 January 2022.
9.02.4
Any reference to a particular rule in this Rules shall include the sub-sections of that rule.
Added on 27 March 200627 March 2006.
9.02.5
References in this Rules to statutory provisions shall be construed as references to those provisions as modified or re-enacted from time to time and to any subordinate legislation made under such provisions and shall include references to any repealed statutory provisions which have been so re-enacted (whether with or without modification).
Added on 27 March 200627 March 2006.
9.02.6
The headings in this Rules are for convenience only and do not affect the construction of this Rules.
Amended on 27 March 200627 March 2006.
9.02.7 Severability
The invalidity, illegality or unenforceability in whole or in part of any of the provisions of this Rules or the Directives or Circulars, shall not affect the validity, legality and enforceability of the remaining part or provisions of the rest of this Rules and the Directives or Circulars.
Added on 26 April 201326 April 2013.
10.1.1 Applicability
This Rule establishes the transitional provisions relating to Rules 2.07C.1, 2.08C.1, 2.11, and 9.01.1 of the SGX-DC Clearing Rules that was amended on and in force from 29 December 2014.
Added on 29 December 201429 December 2014.
10.1.2 Transitional Arrangements
Rules 2.07C.1, 2.08C.1, 2.11, and 9.01.1 (as amended on and in force from 29 December 2014), except for the definition of Base Capital, shall not apply to a Transitional Clearing Member during the Transitional Period, and the aforesaid Rules as in force immediately before 29 December 2014 shall continue to apply to a Transitional Clearing Member during the Transitional Period. A reference to any provision of the SFR (Financial and Margin Requirements) the aforesaid Rules as in force immediately before 29 December 2014 is to that provision in the SFR (Financial and Margin Requirements) as in force immediately before 3 April 2013. For avoidance of doubt, the definition of Base Capital applicable to a Transitional Clearing Member has the same meaning ascribed in the SFR(Financial and Margin Requirements) as in force on 3 April 2013.
Added on 29 December 201429 December 2014.
10.1.3 Transitional Period
For the purposes of this Chapter, "Transitional Period" means the period commencing on 3 April 2013 and:—
whichever is the earlier.
Added on 29 December 201429 December 2014.
10.1.4 Notification by Writing
For the purpose of Rule 10.1.3.2, the Transitional Clearing Member shall notify SGX-DC in writing at least 14 days before the intended date to adopt the requirements.
Added on 29 December 201429 December 2014.
10.1.5 Transitional Clearing Member
"Transitional Clearing Member" means
Added on 29 December 201429 December 2014.
Appendix 1 Request for No-Action Relief from Commodity Exchange Act Sections 5b(a) and 4d(f)(1)
Click herehere to view Appendix 1.
Added on 31 December 201231 December 2012.
Appendix 2 CFTC Grant of No Action Relief
Click herehere to view Appendix 2.
Added on 31 December 201231 December 2012.
Appendix 3 CFTC Extension of No Action Relief
Click herehere to view Appendix 3.
Added on 31 December 201331 December 2013.
Appendix 4 Extension of No-Action Relief with Regard to Section 4d(f) of the Commodity Exchange Act
Click herehere to view Appendix 4.
Added on 21 April 201421 April 2014.
Practice Note 2.13A — Business Continuity Requirements
Issue Date | Cross Reference | Enquiries |
Added on 22 January 200922 January 2009 | Rule 2.13A | Please contact Member Supervision: Facsimile No : 6538 8273 E-Mail Address: membersup@sgx.com |
1. Introduction
2. Business Continuity Plan
Rule 2.13A.1 requires Clearing Members to Clearing Members to maintain adequate business continuity arrangements, and document such arrangements in a business continuity plan. As a guide, a Clearing Member's business continuity plan should document the following elements:
* Critical functions refer to business functions whose failure or disruption may incapacitate the firm.
^ Key service providers refer to third-parties who are performing functions that are not normally carried out by Clearing Members internally, but are critical to the Clearing Member's ability to carry on business operations. For example, IT system hardware/software vendors.
# Outsourcing service providers refer to third parties who are performing functions that would normally be performed by Clearing Members internally. For example, Operations and Technology.
3. Emergency Contact Persons
Refer to Appendix A of Practice Note 2.13A.
Practice Note 2.28A Procedures to Suspend Qualification of a Trading Member
Issue Date | Cross Reference | Enquiries |
11 January 201111 January 2011 | Clearing Rules Rule 2.28A.3 and 2.28A.5 | Please contact: Member Supervision Facsimile No : 6538 8273 E-Mail Address : membersup@sgx.com Market Control Hotline : 6236 8433 |
1 Introduction
2 Procedures for Suspending a Trading Member
Designated Officers
Notification of Suspension of Trading Member
Final Traded Position
Added on 11 January 201111 January 2011 and amended on 15 September 201715 September 2017.
Practice Note 2.28A.1.3 — Pre-Execution Checks
Issue Date | Cross Reference | Enquiries |
Added on 15 March 201315 March 2013 amended on 14 November 201614 November 2016, 29 July 2022 and 25 April 2023. | Rule 2.28A.1.3 | Please contact Member Supervision: Facsimile No : 6538 8273 E-Mail Address : membersup@sgx.com |
1. Introduction
2. Pre-Execution Checks
Added on 15 March 201315 March 2013 and amended on 14 November 201614 November 2016, 29 July 2022 and 25 April 2023.
Practice Note 2.28A.1.6 — Conflicts of Interest
Issue Date | Cross Reference | Enquiries |
Added on 15 March 201315 March 2013 | Rule 2.28A.1.6 | Please contact Member Supervision: Facsimile No : 6538 8273 E-Mail Address : membersup@sgx.com |
1. Introduction
2. Separation of Key Functions
Added on 15 March 201315 March 2013.
Practice Note 6.07A — Facilitator Agent
Issue Date | Cross Reference | Enquires |
Added on 1 October 20091 October 2009. | Rule 6.07A | Please contact: Operations, Clearing and Depository Email: otclear@sgx.com Clearing Hotline Tel: (65) 6236 5319 |
1. Introduction
2. Role of a Facilitator Agent
3. Facilitator Agent for Contracts Traded on the Singapore Commodity Exchange Limited ("SICOM") and Settled by Way of Physical Delivery
Practice Note 7.11.1.1 — Daily Settlement Procedures for Eligible Non-Relevant Market Contracts
Issue Date | Cross Reference | Enquires |
Added on 22 September 200622 September 2006 and amended on 23 November 200923 November 2009 and 8 November 20128 November 2012. | Rule 7.11.1.1 | Please contact: Operations, Clearing and Depository Clearing Hotline Tel: (65) 6236 5319 Email: otclear@sgx.com SGX OTC Clearing Business Email: sgxotc@sgx.com |
1. Introduction
Refer to Appendix 1.
2. Procedures
3. Price Contributors
Oil Swaps
Practice Note 7.11.1.2 — Daily Settlement Price Methodology
Issue date | Cross Reference | Enquiries |
Added on 22 September 200622 September 2006 and amended on 1 October 20091 October 2009, 24 January 201124 January 2011, 8 November 20128 November 2012 and 14 November 201614 November 2016. | Rule 7.11.1.2 | Please contact Derivatives: Telephone No: 6236 8888 |
1. Introduction
Rule 7.11.1.2 of the Clearing Rules states that the Daily Settlement Price for Contracts other than Non-Relevant Market Contracts shall be determined by the Clearing House in accordance with the relevant formula and procedures applicable to each Contract. In arriving at such formula, the Clearing House may, in consultation with the Exchange, take into account factors, including but not limited to:
This Practice Note sets out the formulas and methodologies used by the Clearing House to compute the Daily Settlement Price as contemplated in the above Rule.
2. Methodology for Computation of Daily Settlement Price
Save for exceptional situations, the Clearing House can use any one of the following methodologies to compute the Daily Settlement Price:
In exceptional cases when none of the methodologies set forth in paragraph 2.1 above yields a Daily Settlement Price that is reflective of market conditions, the Clearing House may use any of the following alternative methodologies for the computation of the Daily Settlement Price:
Practice Note 7.22 — Margins of Third Parties
Issue date | Cross Reference | Enquiries |
Added on 23 July 201423 July 2014 and amended on 25 January 201725 January 2017. | Rule 7.22 | Please contact Member Supervision: Facsimile No: 6538 8273 |
1. Introduction
2. Margin Rates and Acceptable Forms of Margins
2.1 Margin System
Standard Portfolio Analysis of Risk Margin System
2.2 Margin Rates and Requirements (Rule 7.22.1)
2.3 Acceptable Forms of Margins (Rule 7.22.2)
3. Margin Calls (Rules 7.22.1 and 7.22.4)
3.1 Issuance of Margin Calls
3.2 Computation of Margin Calls
XYZ — client omnibus A/C 2
Treatment : A/C 1 and A/C 2 should be treated as separate accounts for the purpose of computing margin calls.
XYZ — proprietary A/C 1B
Treatment : A/C 1A and A/C 1B should be combined when computing margin calls.
XYZ — client omnibus A/C 2B
Treatment : A/C 2A and A/C 2B should be combined when computing margin calls.
Assume proprietary A/C A & proprietary A/C B are owned by the same Customer:
A/C A $ | A/C B $ | Combined $ | |
Total net equity | 8,000 | 42,000 | 50,000 |
Initial margins | 26,000 | 50,000 | 76,000 |
Maintenance margins | 21,000 | 40,000 | 61,000 |
Under-margined | 18,000 | Nil | 26,000 |
Margin Call Required | 18,000 | Nil | 26,000 |
In the above example, if the two accounts are not combined, the Customer as a whole would be subjected to a lesser margin call of $18,000 instead of $26,000.
3.3 Reduction and Deletion of Margin Calls
3.4 Recording and Monitoring
3.5 Ageing of Margin Calls
1 = first Trading Day after the date that the Customer's total net equity falls below the maintenance margins
2 = second Trading Day after the date that the Customer's total net equity falls below the maintenance margins
3 = third Trading Day after the date that the Customer's total net equity falls below the maintenance margins
Reasonable period shall have the meaning ascribed to it in Rule 7.22.
3.6 Examples
The following examples illustrate how margin calls are aged, reduced and deleted.
Assumptions:
Example 1 — Issuing of margin calls due to unfavourable market movements
Margin calls must be issued no later than one Trading Day after the date that the Customer's total net equity falls below the maintenance margins.
Monday | Tuesday | Wednesday | Thursday | |
Total net equity | 50,000 | 49,000 | 44,000 | 44,000 |
Initial margins | 60,000 | 60,000 | 60,000 | 60,000 |
Maintenance margins | 50,000 | 50,000 | 50,000 | 50,000 |
UNDER-MARGINED | Nil | 11,000 | 16,000 | 16,000 |
Unfavourable market movements [UMM] of $1,000 occurred on Tuesday and $5,000 on Wednesday. No margins were deposited. | ||||
CALL RE'QD/(AGE) | -0- | 11,000 (T) | 11,000 (1) | 11,000 (2) |
5,000 (T) | 5,000 (1) | |||
Customer Account is under-margined | Clearing Member must issue margin call of $11,000 no later than today. | Clearing Member must issue margin call of $5,000 no later than today. | ||
Additional margin call of $5,000 required due to UMM. |
Example 2 — Impact on margin calls due to liquidation of positions
Margin calls cannot be reduced/deleted if the liquidation does not restore the Customer's total net equity to or above initial margins.
Monday | Tuesday | Wednesday | Thursday | |
Total net equity | 45,000 | 45,000 | 45,000 | 45,000 |
Initial margins | 60,000 | 55,000 | 55,000 | 50,000 |
Maintenance margins | 55,000 | 53,000 | 53,000 | 48,000 |
UNDER-MARGINED | 15,000 | 10,000 | 10,000 | 5,000 |
Positions were liquidated on Tuesday reducing initial margins by $5,000 and maintenance margins by $2,000 and on Thursday reducing initial margins by $5,000 and maintenance margins by $5,000. No margins were deposited. | ||||
CALL RE'QD/(AGE) | 15,000 (T) | 15,000 (1) | 15,000 (2) | 15,000 (3) |
Margin call cannot be reduced or deleted as the liquidation did not result in total net equity equal to or exceed initial margins. | Margin call cannot be reduced or deleted as the liquidation did not result in total net equity equal to or exceed initial margins. |
Example 3 — Impact on margin calls due to receipt of margin deposits
Margin calls can be reduced by the amount of margins actually received.
Monday | Tuesday | Wednesday | Thursday | |
Total net equity | 50,000 | 45,000 | 44,000 | 47,000 |
Initial margins | 60,000 | 60,000 | 60,000 | 60,000 |
Maintenance margins | 55,000 | 55,000 | 55,000 | 55,000 |
UNDER-MARGINED | 10,000 | 15,000 | 16,000 | 13,000 |
Unfavourable market movements [UMM] of $5,000 occurred on Tuesday and $1,000 on Wednesday. Cash of $3,000 was deposited on Thursday. | ||||
CALL RE'QD/(AGE) | 10,000 (T) | 10,000 (1) | 10,000 (2) | 7,000 (3) |
5,000 (T) | 5,000 (1) | 5,000 (2) | ||
1,000 (T) | 1,000 (1) | |||
Additional margin call of $5,000 required due to UMM. | Additional margin call of $1,000 required due to UMM. | Margin call of $10,000 can be reduced by the cash receipt of $3,000. |
Example 4 — Impact on margin calls due to favourable market movements that are less than total margin call outstanding
Margin calls cannot be reduced/deleted if favourable market movements do not restore the Customer's total net equity to or above initial margins.
Monday | Tuesday | Wednesday | Thursday | |
Total net equity | 55,000 | 58,000 | 52,000 | 58,000 |
Initial margins | 60,000 | 60,000 | 60,000 | 60,000 |
Maintenance margins | 58,000 | 58,000 | 58,000 | 58,000 |
UNDER-MARGINED | 5,000 | No (see below) | 8,000 | No (see below) |
Favourable market movements [FMM] of $3,000 occurred on Tuesday. Unfavourable market movements [UMM] of $6,000 occurred on Wednesday. FMM of $6,000 occurred on Thursday. No margins were deposited. | ||||
CALL RE'QD/(AGE) | 5,000 (T) | 5,000 (1) | 5,000 (2) | 5,000 (3) |
3,000 (T) | 3,000 (T) | |||
Margin call of $5,000 cannot be reduced or deleted as FMM did not result in total net equity equal to or exceed initial margins. | Additional margin call of $3,000 required due to UMM. | Margin call of $5,000 and $3,000 cannot be reduced or deleted as FMM did not result in total net equity equal to or exceed initial margins. |
Example 5 — Impact on margin calls due to favourable market movements that exceed total margin call
Margin calls can be deleted if favourable market movements restore the Customer's total net equity to or above initial margins.
Monday | Tuesday | Wednesday | Thursday | |
Total net equity | 54,000 | 51,000 | 58,000 | 60,000 |
Initial margins | 60,000 | 60,000 | 60,000 | 60,000 |
Maintenance margins | 55,000 | 55,000 | 55,000 | 55,000 |
UNDER-MARGINED | 6,000 | 9,000 | No (see below) | -0- |
Unfavourable market movements [UMM] of $3,000 occurred on Tuesday. Favourable market movements [FMM] of $7,000 occurred on Wednesday and $2,000 on Thursday. No margins were deposited. | ||||
CALL RE'QD/(AGE) | 6,000 (T) | 6,000 (1) | 6,000 (2) | -0- |
3,000 (T) | 3,000 (1) | |||
Additional margin call of $3,000 required due to UMM. | Margin call of $6,000 was not reduced or deleted as FMM did not result in total net equity equal to or exceed initial margins. | Total margin call of $9,000 deleted as total net equity equals initial margins. |
Example 6 — Impact on margin calls due to favourable market movements plus receipt of margins that exceed total margin call
Margin calls can be deleted if favourable market movements and receipt of margins restore the Customer's total net equity to or above initial margins.
Monday | Tuesday | Wednesday | Thursday | |
Total net equity | 50,000 | 52,000 | 52,000 | 61,000 |
Initial margins | 60,000 | 60,000 | 60,000 | 60,000 |
Maintenance margins | 58,000 | 58,000 | 58,000 | 58,000 |
UNDER-MARGINED | 10,000 | 8,000 | 8,000 | -0- |
Favourable market movements [FMM] of $2,000 occurred on Tuesday. Cash of $9,000 was deposited on Thursday. | ||||
CALL RE'QD/(AGE) | 10,000 (T) | 10,000 (1) | 10,000 (2) | -0- |
Margin call of $10,000 was not reduced or deleted as FMM did not result in total net equity equal to or exceed initial margins. | As both cash receipt and FMM caused total net equity to exceed initial margins, the margin call of $10,000 was deleted. |
4. Under-Margined Accounts (Rule 7.22.3)
4.1 Acceptance of Orders
Allowable Trading Activity Within The Reasonable Period
Trading Activity | Risk Increasing | Risk Neutral | Day Trading | Risk Reducing |
Allowed for Customer | Yes | Yes | Yes | Yes |
Allowable Trading Activity Within The Reasonable Period
Trading Activity | Risk Increasing | Risk Neutral | Day Trading | Risk Reducing |
Allowed for Customer | No | No | No | Yes |
Allowable Trading Activity Beyond The Reasonable Period
Trading Activity | Risk Increasing | Risk Neutral | Day Trading | Risk Reducing |
Allowed for Customer | No | No | No | Yes |
A risk increasing trade is the establishment or closure of a position in a contract which increases a Customer's maintenance margins requirement (e.g. closing one leg of a spread position).
A risk neutral trade is the establishment of a position in a contract which does not impact a Customer's maintenance margins requirement (e.g. spread trades that do not impact maintenance margins requirements).
A risk reducing trade is the establishment or closure of a position in a contract which reduces the Customer's maintenance margins requirement (e.g. liquidation of a naked open position).
4.2 Prohibition of Financing of Trading Margins
4.3 Monitoring Procedures
4.4 Examples
Assumptions:
Example 1 — Under-margined beyond reasonable period — Deletion of margin calls
Trading is allowed within reasonable period but no trading is allowed beyond reasonable period except for risk reducing trades until the Customer's total net Equity is restored to the initial margins level.
Week 1
Monday | Tuesday | Wednesday | Thursday | Friday | |
AMT U/M | 5,000 | 5,000 | 5,000 | 5,000 | -0- |
CALL/AGE | 5,000 (T) | 5,000 (1) | 5,000 (2) | 5,000 (3) | |
TRADING | All* | All | All | RR** | All |
* All trading activity
** Only risk reducing trades
Assuming the margin call is in US Dollars, the reasonable period is T + 2, which is as of the close of business on Wednesday. As of Thursday, the Customer cannot be allowed to incur any risk increasing, risk neutral or day trades. The Customer can only be allowed to incur risk reducing trades.
On Friday, a cash deposit of $5,000 was received to delete the margin call. Once the Customer's total net equity is restored to the initial margins level, all trading activities would be allowed.
Example 2 — Under-margined beyond reasonable period — Deletion and reduction of margin calls
Trading is allowed within reasonable period but no trading is allowed beyond reasonable period except for risk reducing trades until the Customer's total net equity is restored to the initial margins level.
Week 1
Monday | Tuesday | Wednesday | Thursday | Friday | |
AMT U/M | 10,000 | 10,000 | 10,000 | 10,000 | 15,000 |
CALL/AGE | 10,000 (T) | 10,000 (1) | 10,000 (2) | 10,000 (3) | 10,000 (4) 5,000 (T) |
TRADING | All* | All | All | All | RR** |
Unfavourable market movements of JPY 5,000 occurred on Friday. |
Assuming the margin call is in Japanese Yen, the reasonable period is T + 3, which is as of the close of business on Thursday. As of the close of business on Thursday, the Customer's total net equity was not restored to the initial margins level. Thus on Friday, the Customer can only be allowed to incur risk reducing trades.
Week 2
Monday | Tuesday | Wednesday | Thursday | Friday | |
AMT U/M | 15,000 | 5,000 | 4,000 | 1,000 | 1,000 |
CALL/AGE | 10,000 (5) 5,000 (1) | 5,000 (2) | 5,000 (3) | 2,000 (4) | 2,000 (5) |
TRADING | RR** | All* | All | RR | RR |
Favourable market movements of JPY 1,000 occurred on Wednesday. |
* All trading activity
** Only risk reducing trades
On Tuesday of Week 2, cash deposit of JPY 10,000 was received which deleted the outstanding margin call of JPY10,000. After this, the only margin call of JPY 5,000 is still within the reasonable period of T + 3. Thus during this period, Tuesday and Wednesday, all trading is allowed. On the close of business on Wednesday, the Customer's total net equity was not restored to the initial margins level. On Thursday, cash of JPY3,000 was received which reduced the margin call to JPY2,000. As the Customer Account is still under-margined with a margin call of JPY2,000 outstanding beyond the reasonable period, the Customer on Thursday and Friday can only be allowed to incur risk reducing trades.
5. Omnibus Accounts and Other Margin Policies (Rule 7.22.1)
5.1 Omnibus Accounts
5.2 Grouping of Accounts
5.3 Excess Margins Payments
5.4 Examples
Note: In the computation, if the net option value is greater than the initial margin risk component, the maximum amount of Excess Margins available for disbursement shall be equal to the total net equity.
Example 1 — Excess Margins Payments
Customer Account | Balance |
Total net equity | $5,000 |
Net option value | $1,200 |
Initial margins risk component | $3,000 |
* An Excess Margins payment can be made from the Customer Account for $3,200 {$5,000 − [($3,000 − $1,200) which = $1,800]}
Example 2 — Excess Margins Payments
Customer Account | Balance |
Total net equity | $-0- |
Net option value | $9,000 |
Initial margins risk component | $7,000 |
* As total net equity is zero, no payment can be made. {$-0- − [($7,000 − $9,000) which = 0]}. The only margin asset in the Customer Account is long option value which cannot be used to make an Excess Margins payment.
Example 3 — Excess Margins Payments
Customer Account | Balance |
Total net equity | $32,800 |
Net option value | $<12,000> |
Initial margins risk component | $14,000 |
* An Excess Margins payment can be made from the Customer Account for $6,800 {$32,800 − [($14,000 − <$12,000>) which = $26,000]}
Example 4 — Accounts owned by the same Customer
Assume client A/C A & client A/C B are owned by the same Customer.
A/C A $ | A/C B $ | COMBINED $ | |
Total net equity | 8,000 | 80,000 | 88,000 |
Initial margins | 25,000 | 50,000 | 75,000 |
Maintenance margins | 20,000 | 40,000 | 60,000 |
Excess Margins for withdrawal | (17,000) | 30,000 | 13,000 |
If client A/C A and client A/C B are not combined, then the amount of Excess Margins that is available for withdrawal, ie $30,000, is greater than what is actually available for the Customer as a whole.
5.5 Concurrent Long and Short Positions
Added on 23 July 201423 July 2014 and amended on 25 January 201725 January 2017.
1 "Futures Contract" refers to any Contract, over any Underlying, designated by the Exchange as a futures contract.
2 "Option Contract" refers to any Contract which grants an option in respect of an Underlying or a Futures Contract.
3 "Excess Margins" refers to credits in excess of initial margins.
Practice Note 7.23 — Additional Margins
Issue date | Cross Reference | Enquiries |
Added on 8 August 20168 August 2016 | Rule 7.20 and Rule 7.23 | Please contact Risk Management: rmd@sgx.com |
1. Introduction
2. Default Fund risk add-on
3. Credit risk add-on
4. Liquidity risk add-on
5. Position risk add-on
6. Discretionary risk add-on
ILLUSTRATION ON THE CALCULATION OF THE DEFAULT FUND RISK ADD-ON
Threshold 1: 70% x 800 = 560 (Any Member Group)
Threshold 2: 90% x 800 = 720 (Any Member Group + Weak 1 + Weak 2)
Assume only one stress testing scenario generates exposure that exceed the thresholds,
Loss exceeds threshold | Potential add-on | ||||
Loss | Threshold 1 | Threshold 2 | Threshold 1 | Threshold 2 | |
X + Weak 1 + Weak 2 | 700 | No | |||
X | 640 | Yes | 640-560=80 | ||
Weak 1 | 60 | No | |||
Weak 2 | 0 | No |
Assume only one stress testing scenario generates exposure that exceed the thresholds,
Loss exceeds threshold | Potential add-on | ||||
Loss | Threshold 1 | Threshold 2 | Threshold 1 | Threshold 2 | |
X + Weak 1 + Weak 2 | 760 | Yes | 760-720=40 | ||
X | 520 | No | |||
Weak 1 | 200 | No | |||
Weak 2 | 40 | No |
Assume only one stress testing scenario generates exposure that exceed the thresholds,
Loss exceeds threshold | Potential add-on | ||||
Loss | Threshold 1 | Threshold 2 | Threshold 1 | Threshold 2 | |
X + Weak 1 + Weak 2 | 820 | Yes | 820-720=100 | ||
X | 640 | Yes | 640-560=80 | ||
Weak 1 | 180 | No | |||
Weak 2 | 0 | No |
^ The loss for X is taken as 560 here because it has been partially offset by the 80 from Threshold 1. (When X exceeds Threshold 1, the calculation for its pro rata assignment under Threshold 2 will be based on Threshold 1.)
Assume a stress testing scenario generates exposure that exceed the thresholds,
First stress scenario | |||||
Loss exceeds threshold | Potential add-on | ||||
Loss | Threshold 1 | Threshold 2 | Threshold 1 | Threshold 2 | |
X + Weak 1 + Weak 2 | 820 | Yes | 820-720=100 | ||
X | 640 | Yes | 640-560=80 | ||
Weak 1 | 180 | No | |||
Weak 2 | 0 | No |
Second stress scenario | |||||
Loss exceeds threshold | Potential add-on | ||||
Loss | Threshold 1 | Threshold 2 | Threshold 1 | Threshold 2 | |
Y + Weak 1 + Weak 2 | 790 | Yes | 790-720=70 | ||
Y | 620 | Yes | 620-560=60 | ||
Weak 1 | 170 | No | |||
Weak 2 | 0 | No |
1 Principles for Financial Market Infrastructures issued by the Committee on Payments and Market Infrastructure (CPMI) and the Technical Committee of the International Organization of Securities Commissions (IOSCO)
2 Threshold 1 and 2 is currently defined as 70% and 90% respectively, but may be revised from time to time.
3 The threshold is currently defined as 15%, but may be revised from time to time.
Added on 8 August 20168 August 2016 and amended on 17 July 201917 July 2019.
Practice Note 7.30 — Enhanced Customer Collateral Protection
Issue date | Cross Reference | Enquiries |
Added on 31 December 201331 December 2013 and amended on 17 July 201917 July 2019 | Rule 7.30 | Please contact: Operations, Clearing and Depository Clearing Hotline Tel: (65) 6236 5319 Email: otclear@sgx.com SGX OTC Clearing Business Email: sgxotc@sgx.com SGX AsiaClear Commodities Clearing Business Email: asiaclear@sgx.com |
1. Introduction
2. Requirement to inform Customers of the availability of the choice for ECCP
3. Treatment of position and Collateral under the ECCP model
Positions
Collateral
4. Benefits and Costs
Non-Applicable Customers are technically exposed to a degree of risk in the default of another non-Applicable Customer. Section 60(1)(b) of the SFA and Regulation 24(1) of the Securities and Futures (Clearing Facilities) Regulations 2013 ("SFR (Clearing Facilities)") provide that the Clearing House may use Customer Collateral of non-Applicable Customers to meet obligations of a Clearing Member that arise from other non-Applicable Customers' contracts where certain conditions are met.
In contrast, Applicable Customers are protected from fellow-customer risk because SFR (Clearing Facilities) Regulation 24(2) provides that in the event of a default of a Clearing Member caused by a Customer, Collateral of a non-defaulting Applicable Customer will not be used to satisfy the obligations arising from the Contracts of such defaulting Customer. In the event of a default of a Clearing Member caused by an Applicable Customer, only the Collateral of such defaulting Applicable Customer will be used. Other Customers' Collateral will not be used.
Clear identification of positions and associated Collateral in respect of each Applicable Customer Account enables Clearing House to accurately determine the minimum amount of Collateral each Applicable Customer has to deposit and will potentially expedite the porting of positions and associated Collateral in an event of default.
Practice Note 7A.01A.2A — Apportionment of Clearing Fund Contributions across Contract Classes and across OTCF auctions [This Practice Note has been deleted.]
Deleted on 17 July 201917 July 2019.
Practice Note 7A.01A.2B.2 — Apportionment and application of Clearing Fund Contributions when one or more auctions are held in respect of a Contract Class
Issue Date | Cross Reference | Enquiries |
Added on 17 July 201917 July 2019. | Clearing Rules 7A.01A.2C, 7A.01A.2D and 7A.01A.2E | Please contact: Risk Management E-Mail Address : rmd@sgx.com |
1. Introduction
2. Apportionment of Clearing House First Loss Contribution and Clearing House Intermediate Contribution to auctions held in respect of the ETD and NMC Contract Class
3. Apportionment of a Required Participant's Clearing Fund Deposit to an ETD and NMC Auction
4. Illustration of how the Clearing Fund Deposits of Required Participants who have submitted bids for an ETD and NMC auction are pro-rated pursuant to Rule 7A.01A.2D.2
A and B are Required Participants who had submitted bids that were below the Winning Bid Price. Their liabilities under Rule 7A.01A.2D.2.b will be in the following proportions:
Practice Note 7A.01B — Illustrations of the Application of Clearing Member's Clearing Fund Deposit and Further Assessment Amounts in respect of OTCF Contracts [This Practice Note has been deleted.]
Deleted on 17 July 201917 July 2019.
Practice Note 7A.06.9 — Limit on Non-defaulting Clearing Members’ Liability for Multiple Events of Default
- Introduction
- Rule 7A.06.9.1 states that the aggregate amount of a non-defaulting Clearing Member’s Clearing Fund Deposit (“CFD”) and Further Assessment Amount ("FAA”) that can be applied to meet losses arising from or in connection with all events of default occurring within a period of thirty (30) calendar days shall not exceed an amount equal to three (3) times of that Clearing Member's Prescribed Contributions as at the start of that 30-day period.
- Rule 7A.06.9.2 states that where an event of default occurs, the amount of a non-defaulting Clearing Member’s CFD and FAA that is available to meet losses arising suffered by the Clearing House arising from or in connection with that event of default is the lower of:
- an amount equal to three (3) times of the Clearing Member’s Prescribed Contributions as at the start of the 30-day period that ends on the day of the event of default less the aggregate amount of that Clearing Member’s CFD and FAA that has already been utilised to meet losses arising from or in connection with all other preceding events of default that had occurred in that 30-day period; or
- where the Clearing Member’s CFD was adjusted during the aforementioned 30-day period, an Adjusted Amount equal to three (3) times of the consequently adjusted Prescribed Contributions less the aggregate amount of the Clearing Member’s CFD and FAA that has already been utilised to meet losses arising from or in connection with events of default that occurred after the day of that adjustment but before the event of default.
In the event the Clearing Member’s CFD is adjusted multiple times during the 30-day period, a separate Adjusted Amount shall be calculated for each adjustment and the lowest Adjusted Amount shall apply for the purpose of Rule 7A.06.9.2.b.
- This Practice Note illustrates the operation of Rules 7A.06.9.1 and 7A.06.9.2. The scenarios set out are meant only to illustrate the calculation of the usage limits applicable under the Rules in various hypothetical scenarios, and are not representative of how defaults are managed by the Clearing House nor the actions that the Clearing House can and may take to maintain a fair, orderly, safe and efficient market.
- Operation of Rule 7A.06.9.1
Scenario 1
- Scenario 1: On Day 1, the non-defaulting Clearing Member’s Prescribed Contributions is $100. On Day 2, the Clearing Member’s Prescribed Contributions is increased to $200. This scenario illustrates how the aggregate amount of a non-defaulting Clearing Member’s CFD and FAA that can be applied to meet losses arising from events of default occurring within a 30-day period shall not exceed an amount equal to three (3) times of the Clearing Member’s Prescribed Contributions as at the start of the 30-day period.
- In accordance with Rule 7A.06.9.1, the aggregate amount of the Clearing Member’s CFD and FAA that can be applied to meet losses arising from or in connection with all events of default occurring within Day 1 to Day 30 shall not exceed an amount equal to three (3) times of that Clearing Member's Prescribed Contributions on Day 1. Therefore, even though the Clearing Member’s Prescribed Contributions were increased to $200 on Day 2, the aggregate amount of the Clearing Member’s CFD and FAA which can be applied to meet default losses occurring within Day 1 to Day 30 will not exceed $300 (i.e. 3 x $100).
- Operation of Rule 7A.06.9.2
- The following scenarios (Scenarios 2 to 5) illustrate how the amount of a non-defaulting Clearing Member’s CFD and FAA that can be used to meet losses is capped in the event of multiple defaults within a 30-day period.
Scenario 2
- Scenario 2: On Day 1, the non-defaulting Clearing Member’s Prescribed Contributions is $100. On Day 26, the Clearing Member’s Prescribed Contributions is reduced to $90. Subsequently, a default occurs on Day 30. This scenario illustrates the amount of a non-defaulting Clearing Member’s CFD and FAA that is available to meet losses suffered by the Clearing House arising from or in connection with the default that occurred on Day 30.
- Pursuant to Rule 7A.06.9.2, the amount of a non-defaulting Clearing Member’s CFD and FAA that is available to meet losses suffered by the Clearing House arising from or in connection with the event of default on Day 30 is the lower of:(a) an amount equal to 3 times of the Clearing Member’s Prescribed Contributions as at the start of the thirty-day period that ends on the day of the event of default (i.e. Day 1) less the aggregate amount used to meet default losses from all preceding events of default (i.e. from Day 1 up until the current event of default); or
3 x Prescribed Contributions on Day 1 = 3 x $100
= $300Aggregate amount used to meet default losses from all preceding events of default from Day 1 until the current event of default on Day 30 = $0 Amount that results under limb (a) = $300 - $0
= $300(b) where the Clearing Member’s CFD was adjusted during the 30-day period, an Adjusted Amount equal to three (3) times of the consequently adjusted Prescribed Contributions (i.e. the Prescribed Contributions on Day 26) less the aggregate amount of the Clearing Member’s CFD and FAA that has already been utilised to meet losses arising from or in connection with events of default that occurred after the day of that adjustment but before the event of default (i.e. from Day 26 up until the current event of default).3 x adjusted Prescribed Contributions on Day 26 = 3 x $90
= $270Aggregate amount used to meet default losses from all events of default from Day 26 until the current event of default on Day 30 = $0 Adjusted Amount that results under limb (b) = $270 - $0
= $270 - Under this scenario, the amount that results under limb (b) is lower than the amount that results under limb (a). Therefore, the amount of the non-defaulting Clearing Member’s CFD and FAA that is available to meet losses suffered by the Clearing House arising from the default that occurred on Day 30 is the amount that results under limb (b), which is $270.
Scenario 3
- Scenario 3: Continuing from Scenario 2, $90 of the Clearing Member’s CFD and FAA was used to meet losses suffered by the Clearing House arising from a default on Day 30. On Day 33, the Clearing Member’s Prescribed Contributions is increased to $95. A second default occurs on Day 35. This scenario illustrates the amount of the non-defaulting Clearing Member’s CFD and FAA that is available to meet losses suffered by the Clearing House arising from or in connection with the second default that occurred on Day 35.
- Pursuant to Rule 7A.06.9.2, the amount of a non-defaulting Clearing Member’s CFD and FAA that is available to meet losses suffered by the Clearing House arising from or in connection with the event of default on Day 35 is the lower of:(a) an amount equal to 3 times of the Clearing Member’s Prescribed Contributions as at the start of the thirty-day period that ends on the day of the event of default (i.e. Day 35 – 29 days = Day 6) less the aggregate amount used to meet default losses from all preceding events of default (i.e. from Day 6 up until the current event of default); or
3 x Prescribed Contributions on Day 6 = 3 x $100
= $300Aggregate amount used to meet default losses from all preceding events of default from Day 6 until the current event of default on Day 35 = $90* * From the default on Day 30 Amount that results under limb (a) = $300 - $90
= $210(b) where the Clearing Member’s CFD was adjusted during the 30-day period, an Adjusted Amount equal to three (3) times of the consequently adjusted Prescribed Contributions less the aggregate amount of the Clearing Member’s CFD and FAA that has already been utilised to meet losses arising from or in connection with events of default that occurred after the day of that adjustment but before the event of default.Rule 7A.06.9.2 also states that in the event the Clearing Member’s CFD is adjusted multiple times during the 30-day period, a separate Adjusted Amount shall be calculated for each adjustment and the lowest Adjusted Amount shall apply for the purpose of Rule 7A.06.9.2.b. In this case, the Clearing Member’s CFD was adjusted twice resulting in two adjusted Prescribed Contributions within the relevant 30-day period. Therefore two separate Adjusted Amounts will be calculated. Adjusted Amount A: 3 x adjusted Prescribed Contributions on Day 26 = 3 x $90
= $270Aggregate amount used to meet default losses from all events of default from Day 26 until the current event of default on Day 35 = $90* * From the default on Day 30 Adjusted Amount A = $270 - $90
= $180Adjusted Amount B: 3 x adjusted Prescribed Contributions on Day 33 = 3 x $95
= $285Aggregate amount used to meet default losses from all events of default from Day 33 until the current event of default on Day 35 = $0 Adjusted Amount B = $285 - $0
= $285Adjusted Amount A ($180) is lower than Adjusted Amount B ($285), therefore Adjusted Amount A applies for the purpose of Rule 7A.06.9.2.b and the amount that results under limb (b) is $180. - In this scenario, the amount of the non-defaulting Clearing Member’s CFD and FAA that is available to meet losses suffered by the Clearing House arising from the second default that occurred on Day 35 is the lowest Adjusted Amount calculated pursuant to limb (b), which is $180.
Scenario 4
- Scenario 4: Continuing from Scenario 3, $90 of the Clearing Member’s CFD and FAA was used to meet losses suffered by the Clearing House arising from the second default on Day 35. A third default occurs on Day 37. This scenario illustrates the amount of the non-defaulting Clearing Member’s CFD and FAA that is available to meet losses suffered by the Clearing House arising from or in connection with the default that occurred on Day 37.
- Pursuant to Rule 7A.06.9.2, the amount of a non-defaulting Clearing Member’s CFD and FAA that is available to meet losses arising suffered by the Clearing House arising from or in connection with the event of default on Day 37 is the lower of:(a) an amount equal to 3 times of the Clearing Member’s Prescribed Contributions as at the start of the thirty-day period that ends on the day of the event of default (i.e. Day 37 – 29 days = Day 8) less the aggregate amount used to meet default losses from all preceding events of default (i.e. from Day 8 up until the current event of default); or
3 x Prescribed Contributions on Day 8 = 3 x $100
= $300Aggregate amount used to meet default losses from all preceding events of default from Day 8 until the current event of default on Day 37 = $90* + $90**
= $180* From the default on Day 30 ** From the default on Day 35 Amount that results under limb (a) = $300 - $180
= $120(b) where the Clearing Member’s CFD was adjusted during the 30-day period, an Adjusted Amount equal to three (3) times of the consequently adjusted Prescribed Contributions less the aggregate amount of the Clearing Member’s CFD and FAA that has already been utilised to meet losses arising from or in connection with events of default that occurred after the day of that adjustment but before the event of default.Rule 7A.06.9.2 states that in the event the Clearing Member’s CFD is adjusted multiple times during the 30-day period, a separate Adjusted Amount shall be calculated for each adjustment and the lowest Adjusted Amount shall apply for the purpose of Rule 7A.06.9.2.b. In Scenario 3 from which this scenario continues, the Clearing Member’s CFD was adjusted twice resulting in two adjusted Prescribed Contributions within the relevant 30-day period. Therefore two separate Adjusted Amounts will be calculated. Adjusted Amount A: 3 x adjusted Prescribed Contributions on Day 26 = 3 x $90
= $270Aggregate amount used to meet default losses from all events of default from Day 26 until the current event of default on Day 37 = $90* + $90**
=$180* From the default on Day 30 ** From the default on Day 35 Adjusted Amount A = $270 - $180
= $90Adjusted Amount B: 3 x adjusted Prescribed Contributions on Day 33 = 3 x $95
= $285Aggregate amount used to meet default losses from all events of default from Day 26 until the current event of default on Day 37 = $90** ** From the default on Day 35 Adjusted Amount B = $285 - $90
= $195Adjusted Amount A ($90) is lower than Adjusted Amount B ($195), therefore Adjusted Amount A applies for the purpose of Rule 7A.06.9.2.b and the amount that results under limb (b) is $90. - The amount of the non-defaulting Clearing Member’s CFD and FAA that is available to meet losses suffered by the Clearing House arising from the third default that occurred on Day 37 is the lowest Adjusted Amount calculated pursuant to limb (b), which is $90.
Scenario 5
- Scenario 5: Continuing from Scenario 4, $90 of the Clearing Member’s CFD and FAA was used to meet losses suffered by the Clearing House arising from the third default on Day 37. A fourth default occurs on Day 45. This scenario illustrates the amount of the non-defaulting Clearing Member’s CFD and FAA that is available to meet losses suffered by the Clearing House arising from or in connection with the default that occurred on Day 45.
- Pursuant to Rule 7A.06.9.2, the amount of a non-defaulting Clearing Member’s CFD and FAA that is available to meet losses arising suffered by the Clearing House arising from or in connection with the event of default on Day 45 is the lower of:(a) an amount equal to 3 times of the Clearing Member’s Prescribed Contributions as at the start of the thirty-day period that ends on the day of the event of default (i.e. Day 45 – 29 days = Day 16) less the aggregate amount used to meet default losses from all preceding events of default (i.e. from Day 16 up until the current event of default); or
3 x Prescribed Contributions on Day 16 = 3 x $100
= $300Aggregate amount used to meet default losses from all preceding events of default from Day 16 until the current event of default on Day 45 = $90* + $90** + $90^
= $270* From the default on Day 30 ** From the default on Day 35 ^ From the default on Day 37 Amount that results under limb (a) = $300 - $270
= $30(b) where the Clearing Member’s CFD was adjusted during the 30-day period, an Adjusted Amount equal to three (3) times of the consequently adjusted Prescribed Contributions less the aggregate amount of the Clearing Member’s CFD and FAA that has already been utilised to meet losses arising from or in connection with events of default that occurred after the day of that adjustment but before the event of default.Rule 7A.06.9.2 states that in the event the Clearing Member’s CFD is adjusted multiple times during the 30-day period, a separate Adjusted Amount shall be calculated for each adjustment and the lowest Adjusted Amount shall apply for the purpose of Rule 7A.06.9.2.b. In Scenario 3 from which this scenario continues, the Clearing Member’s CFD had been adjusted twice resulting in two adjusted Prescribed Contributions within the relevant 30-day period. Therefore, two separate Adjusted Amounts will be calculated. Adjusted Amount A: 3 x adjusted Prescribed Contributions on Day 26 = 3 x $90
= $270Aggregate amount used to meet default losses from all events of default from Day 26 until the current event of default on Day 45 = $90* + $90** + $90^
= $270* From the default on Day 30 ** From the default on Day 35 ^ From the default on Day 37 Adjusted Amount A = $270 - $270
= $0Adjusted Amount B: 3 x adjusted Prescribed Contributions on Day 33 = 3 x $95
= $285Aggregate amount used to meet default losses from all events of default from Day 33 until the current event of default on Day 45 = $90** + $90^
= $180** From the default on Day 35 ^ From the default on Day 37 Adjusted Amount B = $285 - $180
= $105Adjusted Amount A ($0) is lower than Adjusted Amount B ($105), therefore Adjusted Amount A applies for the purpose of Rule 7A.06.9.2.b and the amount that results under limb (b) is $0. - In this case, the non-defaulting Clearing Member’s CFD and FAA cannot be used to meet losses suffered by the Clearing House arising from the fourth default that occurred on Day 45 as the lowest Adjusted Amount calculated pursuant to limb (b) is $0.
Added on 31 October 2024.
Practice Note 9.01.1 — OTCF Product Groups [This Practice Note has been deleted.]
Deleted on 17 July 201917 July 2019.
Appendix 1 — Final Settlement Price
Oil Swaps Contracts
Products | Gasoil | Naphtha |
Contract | Gasoil Swap FOB Singapore | Naphtha CFR Japan |
Final Settlement Price | Arithmetic average of Platts' daily spot assessments in the Contract Month for the relevant underlying product, rounded to 3 decimal places. | Cash settlement using arithmetic average of Platts daily spot assessments in the contract month, rounded to three decimal places. |
Products | Fuel Oil 180 | Fuel Oil 380 |
Contract | Singapore Fuel Oil 180cst Swap, 3.5% sulfur | Singapore Fuel Oil 380cst Swap, 4% sulfur |
Final Settlement Price | Arithmetic average of Platts' daily spot assessments in the Contract Month for the relevant underlying product, rounded to 3 decimal places. |
Products | Mini Fuel Oil 180 CST | Mini Fuel Oil 380 CST |
Contract | Mini Singapore Fuel Oil 180 CST Swap, 3.5% Sulfur | Mini Singapore Fuel Oil 380 CST Swap, 4% Sulfur |
Final Settlement Price | Arithmetic average of Platts' daily spot assessments in the Contract Month for the relevant underlying product, rounded to 3 decimal places. |
Products | Visco |
Contract | Fuel Oil 180cst vs 380cst Swaps Differential |
Final Settlement Price | FSP of Fuel Oil 180cst Swap minus FSP of Fuel Oil 380cst Swap |
Product | Petrochemical Swaps | |||||
Contract | SGX Platts Benzene-Naphtha Swap | SGX Platts Paraxylene-Naphtha Swap | SGX PLATTS PX CFR China Swap | Benzene FOB Korea Swaps | SGX Platts Methanol CFR China Swap | |
Final Settlement Price | Cash settlement using the arithmetic difference between the Final Settlement Prices of the SGX Platts BZ FOB Korea Swap and the SGX Platts Naphtha CFR Japan Swap, rounded to 3 decimal places. | Cash settlement using the arithmetic difference between the Final Settlement Prices of the SGX Platts PX CFR Taiwan/China Swap and the SGX Platts Naphtha CFR Japan Swap, rounded to 3 decimal places. | Cash settlement using the arithmetic average of all Platts PX daily spot price assessments in the contract month, rounded to 2 decimal places | Cash settlement using the arithmetic average of Platts daily spot 'marker' physical cargo assessments in the contract month, rounded to 3 decimal places. | Cash settlement using the arithmetic average of all Platts Methanol CFR China daily spot price assessments in the expiring month, rounded to two decimal places. |
Product | Petrochemical Swaps | |||||
Contract | SGX ICIS Isomer MX FOB Korea Swap | |||||
Final Settlement Price | Cash settlement using the arithmetic average of all ICIS Isomer MX FOB Korea index assessments in the expiring contract month, rounded to 2 decimal places |
Product | Petrochemical Swaps | |||||
Contract | [deleted] | [deleted] | SGX ICIS MEG CFR China Swap | [deleted] | [deleted] | SGX ICIS SM CFR China Swap |
Final Settlement Price | [deleted] | Cash settlement using the arithmetic average of all ICIS MEG CFR China Main Ports index assessments in the expiring contract month, rounded to 2 decimal places | [deleted] | Cash settlement using the arithmetic average of all ICIS SM CFR China (Price Range for the Week) index assessments in the expiring contract month, rounded to 2 decimal places |
Product | 0.5% Sulphur Fuel Oil Singapore | |
Contract | SGX Platts Marine Fuel 0.5% FOB Singapore Swap | |
Final Settlement Price | Arithmetic average of Platts' spot assessments in the Contract Month for the relevant underlying product, rounded to 3 decimal places. |
Product | Petrochemical Swaps | |
Contract | SGX Argus Ammonia FOB Middle East Swap | SGX Argus Ammonia CFR East Asia Swap |
Final Settlement Price | Arithmetic average of all Argus' spot assessments for each week that is published in the expiring contract month for the relevant underlying product, rounded to two decimal places. |
Iron Ore Swap Contracts
Products | Iron Ore Swap | ||||
Contract | SGX TSI Iron Ore CFR China (62% Fe Fines) Swap | SGX MB Iron Ore CFR China (58% FE Fines) Swap | [deleted] | SGX MB Iron Ore CFR China (65% Fe Fines) Swap | SGX Platts Iron Ore CFR China (Lump Premium) Swap |
Final Settlement Price | Cash settlement using the arithmetic average of all The Steel Index (TSI) Iron Ore Fines 62% FE CFR China reference prices in the expiring month, rounded to 2 decimal places. | Cash settlement using the arithmetic average of all the aggregate daily values of MBIOI — 58% FE Fines, CFR Qingdao Index and MBIOI — 58% Premium FE Fines, CFR Qingdao Index reference prices, as published by Metal Bulletin, in the expiring contract month, rounded to 2 decimal places. | [deleted] | Cash settlement using the arithmetic average of all the MBIOI 65% Fe Brazilian Fines, CFR Qingdao Index reference prices in the expiring contract month, rounded to 2 decimal places. | Cash settlement using the arithmetic average of all Platts IO Spot Lump Premium 62.5% CFR China Index reference prices in the expiring contract month, rounded to 4 decimal places. |
Product | Iron Ore Option |
UnderlyingContract | Iron Ore Swap |
Option Exercise and Settlement | European Style: An option will be exercised automatically at expiry only if it is in-the-money. Cash Settled: Upon exercise, a call option will have a value equal to final settlement price of the underlying Iron Ore Swap minus the strike price, multiplied by the contract size. Upon exercise, a put option will have a value equal to the strike price minus the final settlement price of the underlying Iron Ore Swap, multiplied by the contract size. |
Freight Forward Contracts: Container Freight Routes
Product | FBX01 | FBX03 | FBX11 | FBX13 |
Contract | Container Freight Route FBX01 | Container Freight Route FBX03 | Container Freight Route FBX11 | Container Freight Route FBX13 |
Final Settlement Price | Arithmetic average of all of Baltic's spot assessments for each day that is published in the expiring Contract Month for the relevant underlying product, as provided by Baltic |
Freight Forward Contracts: Dry Trip Timecharter Routes
[deleted] | [deleted] | [deleted] |
[deleted] | [deleted] | [deleted] |
[deleted] | [deleted] |
[deleted] | [deleted] | [deleted] |
[deleted] | [deleted] | [deleted] |
[deleted] | [deleted] |
Product | P2E | P2E_82 |
Contract | Panamax Route P2E Forward Freight Agreement Skaw/Gibraltar — Far East. Entire Month Average | Panamax 82 Route P2E Forward Freight Agreement. Entire Month Average |
Final Settlement Price | Arithmetic average of all Baltic's daily spot assessments in the expiring Contract Month for the relevant underlying product, as provided by Baltic |
Freight Forward Contracts: Dry Voyage Routes
[deleted] | [deleted] |
[deleted] | [deleted] |
[deleted] | [deleted] |
Product | Capesize Option (Route C5) |
Underlying Contract | Capesize Route C5 Forward Freight Agreement |
Option Exercise and Settlement | European Style: An option will be exercised automatically at expiry only if it is in-the-money. Cash Settled: Upon exercise, a call option will have a value equal to final settlement price of the underlying FFA minus the strike price, multiplied by the contract size. Upon exercise, a put option will have a value equal to the strike price minus the final settlement price of the underlying FFA, multiplied by the contract size. |
[deleted] | [deleted] | [deleted] | [deleted] | |
[deleted] | [deleted] | [deleted] | [deleted] | |
[deleted] | [deleted] |
Product | C3 | C5 | C7 | |
Contract | Capesize Route C3 Forward Freight Agreement | Capesize Route C5 Forward Freight Agreement | Capesize Route C7 Forward Freight Agreement | |
Final Settlement Price | Arithmetic average of all Baltic's daily spot assessments in the expiring Contract Month for the relevant underlying product, as provided by Baltic |
Freight Forward Contracts: Dry Timecharter Basket Routes
Product | [deleted] | 5CTC | 4PTC | 5PTC | 6STC | 10STC | 11STC | [deleted] | 7HTC |
Contract | [deleted] | Capesize Time Charter Basket (5 routes) | Panamax Time Charter Basket (4 routes) | Panamax Time Charter Basket (5 routes) | Supramax Time Charter Basket (6 routes) | Supramax Time Charter Basket (10 routes) | Supramax Time Charter Basket (11 routes) | [deleted] | Handysize Time Charter Basket (7 routes) |
Final Settlement Price | Arithmetic average of all Baltic's daily spot assessments in the expiring Contract Month for the relevant underlying product, as provided by Baltic |
Product | [deleted] | Capesize Option (5 routes) | Panamax Option (4 routes) | Panamax Option (5 routes) | [deleted] | Supramax Option (10 routes) | Supramax Option (11 routes) | [deleted] |
Underlying Contract | [deleted] | Capesize Time Charter Basket (5 routes) | Panamax Time Charter Basket (4 routes) | Panamax Time Charter Basket (5 routes) | [deleted] | Supramax Time Charter Basket (10 routes) | Supramax Time Charter Basket (11 routes) | [deleted] |
Option Exercise and Settlement | European Style: An option will be exercised automatically at expiry only if it is in-the-money. Cash Settled: Upon exercise, a call option will have a value equal to final settlement price of the underlying FFA minus the strike price, multiplied by the contract size. Upon exercise, a put option will have a value equal to the strike price minus the final settlement price of the underlying FFA, multiplied by the contract size. |
Freight Forward Contracts: LNG Trip Timecharter Routes
Products | BLNG1g | BLNG2g | BLNG3g |
Contract | LNG Freight Route BLNG1g (LNG Fuel) | LNG Freight Route BLNG2g (LNG Fuel) | LNG Freight Route BLNG3g (LNG Fuel) |
Final Settlement Price | Arithmetic average of all Baltic's spot assessments for each day that is published in the expiring Contract Month for the relevant underlying product, as provided by Baltic |
Coal Swap Contracts
Product | Coal Swap | ||||||
Contract | [deleted] | SGX IHS McCloskey Indonesian 4200kc GAR FOB Thermal Coal Swaps | [deleted] | [deleted] | SGX TSI FOB Australia Premium Coking Coal Swap | [deleted] | |
Final Settlement Price | [deleted] | Cash settlement using the arithmetic average of all publications of the IHS McCloskey Indonesian (4200kc GAR) FOB Marker reference prices in the expiring contract month, rounded to 2 decimal places. | [deleted] | [deleted] | Cash settlement using the arithmetic average of all publications of the relevant index published by TSI in the expiring contract month, rounded to 2 decimal places. | [deleted] |
Product | Coal Option | |||||
Underlying Contract | Coal Swap | |||||
Option Exercise and Settlement | European Style: An option will be exercised automatically at expiry only if it is in-the-money. Cash Settled: Upon exercise, a call option will have a value equal to final settlement price of the underlying contract minus the strike price, multiplied by the contract size. Upon exercise, a put option will have a value equal to the strike price minus the final settlement price of the underlying contract, multiplied by the contract size. |
Cobalt and Lithium Swaps
Product | COM | COH | LIC | LIH |
Contract | SGX FM Cobalt Metal In-whs Rotterdam (Standard Grade) Swaps | SGX FM Cobalt Hydroxide CIF China Swaps | SGX FM Lithium Carbonate CIF CJK (Battery Grade) Swaps | SGX FM Lithium Hydroxide CIF CJK (Battery Grade) Swaps |
Final Settlement Price | Arithmetic average of all the aggregate daily values of the underlying index, as published by Fastmarkets, in the expiring contract month, rounded to 2 decimal places |
Steel Swap Contracts
Product | Steel Swap Contracts | |
Contract | SGX Mysteel Shanghai Rebar (USD) Swap | |
Final Settlement Price | Cash settlement using the arithmetic average of all the Mysteel Shanghai Rebar (USD) Index reference prices in the expiring contract month (including any Index reference price published on a Saturday or a Sunday, where applicable), rounded to two decimal places. |
[deleted]
[deleted] | [deleted] | [deleted] | [deleted] |
[deleted] | [deleted] | [deleted] | [deleted] |
[deleted] | [deleted] | [deleted] | [deleted] |
Added on 27 March 200627 March 2006 and amended on 1 September 20061 September 2006, 1 March 20071 March 2007,1 August 20071 August 2007, 28 November 200728 November 2007, 5 May 20085 May 2008, 17 April 200917 April 2009, 31 May 201031 May 2010, 3 November 20103 November 2010, 28 February 201128 February 2011, 5 December 20115 December 2011, 1 February 20121 February 2012, 1 March 20121 March 2012, 10 September 201210 September 2012, 26 November 201226 November 2012, 21 October 201321 October 2013, 17 February 201417 February 2014, 4 August 20144 August 2014, 2 December 20142 December 2014, 19 January 201519 January 2015, 9 March 20159 March 2015, 31 August 201531 August 2015, 5 October 20155 October 2015, 7 December 20157 December 2015, 25 January 201625 January 2016, 31 October 201631 October 2016, 27 March 201727 March 2017, 22 May 201722 May 2017, 17 July 201717 July 2017, 18 September 201718 September 2017, 18 September 201718 September 2017, 2 January 20182 January 2018, 9 April 20189 April 2018, 21 May 201821 May 2018, 23 July 201823 July 2018, 3 December 20183 December 2018, 29 July 201929 July 2019, 21 October 201921 October 2019, 18 November 201918 November 2019, 24 February 202024 February 2020, 18 May 2020, 3 August 2020, 28 September 2020, 1 October 2020, 14 December 2020, 1 March 2021, 19 April 2021, 10 May 2021, 31 May 2021, 12 July 2021, 2 August 2021, 24 January 2022, 28 February 2022, 18 July 2022, 26 September 2022, 21 November 2022, 20 February 2023, 2 October 2023, 15 July 2024, 7 October 2024, 2 December 2024, 2 January 2025 and 20 January 2025.
Appendix 2 — Contracts of Other Relevant Markets Accepted by the Clearing House
Subject to any conditions or limitations set forth in this Rules, the Clearing House shall clear the following Contracts:
1. Designated Futures Contracts pursuant to the Mutual Offset System with the Chicago Mercantile Exchange:
2. Connect Contracts that are available for trading under the Connect Market:
Added on 1 October 20091 October 2009 and amended on 22 April 201022 April 2010, 19 July 201019 July 2010, 5 August 20115 August 2011, 28 March 201628 March 2016, 19 September 201619 September 2016, 4 June 20184 June 2018, 17 December 201917 December 2019, 19 April 2021, 29 July 2022 and 17 July 2024.
Chapter 1 — Application of Rules
Rule Violation | Whether composition may be offered | Composition Amount which may be Offered by the Clearing House, where the Clearing House has Determined the Clearing Member to be Liable | Mandatory minimum penalty imposable by the DC | |||
Rule Chapter/Number | Brief Description of Rule | 1st Violation | 2nd Violation | 3rd Violation | ||
Chapter 1 — Application of Rules | ||||||
1.01.5 | Clearing Member not to operate an account for a person unless such person has been notified of the provisions under this Rules | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
Added on 16 May 201116 May 2011.
Chapter 2 — Clearing Membership
Rule Violation | Whether composition may be offered | Composition Amount which may be Offered by the Clearing House, where the Clearing House has Determined the Clearing Member to be Liable | Mandatory minimum penalty imposable by the DC | |||
Rule Chapter/Number | Brief Description of Rule | 1st Violation | 2nd Violation | 3rd Violation | ||
Chapter 2 — Clearing Membership | ||||||
2.06.1 | Clearing Member to comply with the Rules and the criteria and requirements for Clearing Membership | [Unless otherwise specified in this Schedule] | ||||
Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. | ||
[deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
2.06.1 r/w 2.02.1.5 | General Clearing Member's managerial or executive staff to have a high standard of integrity and level of knowledge | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.06.1 r/w 2.02.1.6 | General Clearing Member to have sufficient resources and adequate systems for preserving sound liquidity and financial position. | Not Compoundable | Not Compoundable | $10,000 | ||
2.06.1 r/w 2.02.1.7 | General Clearing Member to maintain segregated and adequate back office functions | Not Compoundable | Not Compoundable | $10,000 | ||
2.06.1 r/w 2.02.1.8 | General Clearing Member to satisfy requirements and criteria for Clearing Membership which the Clearing House may prescribe from time to time | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
[deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
2.06.1 r/w 2.02A.1.1 & 2.02.1.5 | Direct Clearing Member's managerial or executive staff to have a high standard of integrity and level of knowledge | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.06.1 r/w 2.02A.1.1 & 2.02.1.6 | Direct Clearing Member to have sufficient resources and adequate systems for preserving sound liquidity and financial position. | Not Compoundable | Not Compoundable | $10,000 | ||
2.06.1 r/w 2.02A.1.1 & 2.02.1.7 | Direct Clearing Member to maintain segregated and adequate back office functions | Not Compoundable | Not Compoundable | $10,000 | ||
2.06.1 r/w 2.02B.1.4 | Bank Clearing Member or its parent bank to have base capital or net head office funds of at least S$50,000,000 | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.06.1 r/w 2.02B.1.6 | Bank Clearing Member's managerial or executive staff to have a high standard of integrity and level of knowledge | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.06.1 r/w 2.02B.1.7 | Bank Clearing Member to have sufficient resources and adequate systems for preserving sound liquidity and financial position. | Not Compoundable | Not Compoundable | $10,000 | ||
2.06.1 r/w 2.02B.1.8 | Bank Clearing Member to maintain segregated and adequate back office functions | Not Compoundable | Not Compoundable | $10,000 | ||
2.06.1 r/w 2.02B.1.9 | Bank Clearing Member to satisfy requirements and criteria for such Clearing Membership as the Clearing House may prescribe from time to time | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.06.2 | Compliance with SFA | Not Compoundable | Not Compoundable | $10,000 | ||
2.06A | Clearing Member to inform Clearing House immediately of the stipulated events | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.07.1 | General Clearing Member incorporated in Singapore to comply with the minimum base capital, Financial, Aggregate Indebtedness Requirement | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.07.1A | Direct Clearing Member incorporated in Singapoe to comply with the minimum base capital, Financial, Aggregate Indebtedness Requirement | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.07.1B | Bank Clearing Member incorporated in Singapore to comply with the minimum base capital and RRA Financial Requirement | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.07.5 | Clearing Member incporporated in Singapore to immediately notify the Clearing House if it fails or becomes aware that it will fail to comply with the minimum capital and financial requirements as prescribed | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.07.6 | Clearing Member incorporated in Singapore to comply with the directions of the Clearing House where it has failed to comply with the minimum capital and financial requirements | Not Compoundable | Not Compoundable | $10,000 | ||
2.07A.1 | Clearing Member incoporated in Singapore to immediately notify the Clearing House of the stipulated failures to meet its financial requirements | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.07A.2 | Clearing Member incorporated in Singapore to comply with the directions of the Clearing House where its financial resources have fallen below the specified threshold | Not Compoundable | Not Compoundable | $10,000 | ||
2.07A.3 | General Clearing Member and Direct Clearing Member incorporated in Singapore to comply with the direction of the Clearing House where its aggregate indebtedness have exceeded the specified threshold | Not Compoundable | Not Compoundable | $10,000 | ||
2.07B.1 | Clearing Member incorporated in Singapore to notify the Clearing House if financial resources fall below the specified threshold or of any reportable event in relation to its regulatory capital and liquidity ratios | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.07B.3 | Clearing Member incorporated in Singapore to comply with the directions of the Clearing House where its financial resources have fallen below the specified threshold or that a reportable event in relation to its regulatory capital and liquidity ratios has occurred | Not Compoundable | Not Compoundable | $10,000 | ||
2.08.1 | General Clearing Member incorporated outside Singapore to comply with minimum base capital, Financial, Aggregate Indebtedness Requirement | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.08.1A | Direct Clearing Member incorporated outside Singapore to comply with minimum base capital, Financial, Aggregate Indebtedness Requirement | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.08.1B | Bank Clearing Member incorporated outside Singapore to comply with the minimum base capital and RRA Financial Requirement | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.08.1BA | Bank Clearing Member incorporated outside Singapore to comply with Liquidity Resource Requirement | Not Compoundable | Not Compoundable | $10,000 | ||
2.08.5 | Clearing Member incorporated outside Singapore to immediately notify the Clearing House if it fails or becomes aware that it will fail to meet the minimum capital and financial requirements as prescribed | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.08.6 | Clearing Member incorporated outside Singapore to comply with the directions of the Clearing House where a Clearing Member has failed to comply with the minimum capital and financial requirements | Not Compoundable | Not Compoundable | $10,000 | ||
2.08A.1 | Clearing Member incorporated outside Singapore to immediately notify the Clearing House of the stipulated failures to meet its financial requirements | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.08A.2 | Clearing Member incorporated outside Singapore to comply with the directions of the Clearing House where its adjusted net head office funds have fallen below the specified threshold | Not Compoundable | Not Compoundable | $10,000 | ||
2.08A.3 | Clearing Member incorporated outside Singapore to comply with the directions of the Clearing House where its aggregate indebtedness has exceeded the specified threshold | Not Compoundable | Not Compoundable | $10,000 | ||
2.08B.1 | Clearing Member incorporated outside Singapore to immediately notify the Clearing House if its financial resources have fallen below the specified threshold or of any reportable event in relation to its regulatory capital and liquidity ratios | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.08B.3 | Clearing Member incorporated outside Singapore to comply with the directions of the Clearing House where its adjusted net head office funds or cash and/or acceptable government securities deposited with the Clearing House or CDP have fallen below the specified threshold or that a reportable event in relation to regulatory capital and liquidity ratios has occurred | Not Compoundable | Not Compoundable | $10,000 | ||
2.09.1 | General Clearing Member incorporated in Singapore to maintain the stipulated special reserve fund | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.09.2 | Special reserve fund not to be available for the declaration of dividends without the approval of the Clearing House | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.10.1 | General Clearing Member incorporated outside Singapore to maintain the stipulated special reserve fund | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.10.2 | Special reserve fund not to be available for the declaration of dividends without the approval of the Clearing House | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.11.1.1 | Clearing Member incorporated in Singapore, except in the case of Bank Clearing Member, not to reduce paid-up capital without prior approval of the Clearing House | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.11.2.1 | Clearing Member incorporated in Singapore, except in the case of a Bank Clearing Member, to immediately notify the Clearing House prior to the date of issue of any preference share | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.11.2.2 | Clearing Member incorporated in Singapore, except in the case of Bank Clearing Member, not to redeem any redeemable preference share unless the Clearing Member complies with conditions set out | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.11.3.1 | Clearing Member incorporated in Singapore to immediately notify the Clearing House when it draws down a qualifying subordinated loan no later than the date of draw down | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.11.3.2 | Clearing Member incorporated in Singapore not to repay, whether in part or in full any subordinated loan principal before the maturity date without the prior approval of the Clearing House or any subordinated loan principal that has matured subject to conditions set out | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.11.4.1 | Clearing Member, except for a Bank Clearing Member or a Remote Member not to make any unsecured loan or advance, pay any dividend or director's fees or increase any director's remuneration without the prior approval of the Clearing House, unless the stipulated conditions are met. Remote Clearing Member to notify the Clearing House immediately of any action taken that has or may have a financial or capital impact and is required to be reported to the Relevant Regulatory Authority, or in relation to the events set out in Rule 2.11.4.1. | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.11.5.1 | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
2.13.1.1 | Clearing Member to maintain bank accounts in the currencies that may incur settlement and with banks acceptable to the Clearing House | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.13.1.2 | Clearing Member to clear Non-Relevant Market Contracts and/or Contracts made on any Relevant Market by such members of the Relevant Market with whom it has agreed to clear | Not Compoundable | Not Compoundable | $10,000 | ||
2.13.1.3 | Clearing Member not to carry any account or clear any Contract for the benefit of an employee or officer of another Clearing Member without prior approval of the other Clearing Member | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.13.1.4 | Clearing Member not to provide funds, credit or finance any other Clearing Member or member of a Relevant Market without the prior approval of the Clearing House | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.13.1.5 | Clearing Member to provide and maintain Clearing Fund Deposit in addition to any security deposit requirement that may be required | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.13.1.7 | Clearing Member to clear Contracts made on any Relevant Market by any person through any approved electronic trading terminal or facilities provided to it or to such members of the Relevant Market to whom it shall have agreed to provide clearing services | Not Compoundable | Not Compoundable | $10,000 | ||
2.13.1.8 | Clearing Member to have in place sufficient resources and establish and maintain adequate internal control and risk management system for its businesses | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.13.1.9 | Clearing Member to comply with such other requirements as may be prescribed by the Clearing House from time to time | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.13A.1 | Clearing Member to assess business and operational risk and maintain adequate business continuity arrangements | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.13A.2 | Clearing Member to document its business continuity arrangements in a business continuity plan | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.13A.3 | Clearing Member to demonstrate awareness of risks, mitigating measures and state of readiness by way of attestation to the Board of Directors | Compoundable | $500 | $1,000 | $2,000 | N.A. |
2.13A.4 | Clearing Member to review and test its business continuity plan regularly | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.13A.5 | Clearing Member to appoint emergency contact persons and furnish the contact information to the Clearing House | Compoundable | $500 | $1,000 | $2,000 | N.A. |
Clearing Member's emergency contact persons to be contactable at all times | Compoundable | $500 | $1,000 | $2,000 | N.A. | |
Clearing Member to notify Clearing House in the event of emergencies | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. | |
2.14.1 | Clearing Member to prepare, maintain and keep current books and records required by this Rules and SFA, where they shall be open to inspection and promptly provided to the Clearing House upon request | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.14.2 | Clearing Member to file any information requested by the Clearing House within the time period specified in the request | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.14.3 | Clearing Member to maintain the ability to provide, in an acceptable form, a complete set of equity system reports to the Clearing House upon the Clearing House's request | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.14.3A | Clearing Member to submit to the Clearing House a report on all its credit facilities with its financial institutions, any change to its credit facilities immediately upon such change, and the identities of the owners or controlling parties for any House Account or Customer Account | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.14.4 | Clearing Member to notify Clearing House when it fails to make or keep current the books and records required by the Clearing House and shall thereafter comply with all orders of the Clearing House | Not Compoundable | Not Compoundable | $10,000 | ||
2.15.1 | General Clearing Member to furnish the required statutory audit report in accordance with the specified timelines | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.15.1A | Direct Clearing Member to furnish thre required audit report in accordance with the specified timelines | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.15.1B | Bank Clearing Member to furnish the required audit report in accordance with the specified timelines | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.15.2 | General Clearing Member or Bank Clearing Member to cause its internal auditors to conduct the required internal audit and submit a report | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.17.1.1 | General Clearing Member not to grant any unsecured advance, loan or credit facility to any of its directors or their connected persons | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.17.1.2 | General Clearing Member not to grant any unsecured advance, loan or credit facility to its officers or its employees which exceeds one year's emoluments of the person | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.18.1.1 | General Clearing Member or Bank Clearing Member to inform the Clearing House of such information as the Clearing House requires to discharge its segregation obligations under the SFA or enable it to issue the verification of margin funds statement to the Authority | Not Compoundable | Not Compoundable | $10,000 | ||
2.18.3 | Clearing Member not to fix the Clearing House with a notice of fact or claim in respect of any Third Party | Not Compoundable | Not Compoundable | $10,000 | ||
2.19.1 | Clearing Member to provide Clearing House with the required information in relation to Ominibus Accounts | Compoundable | $500 | $1,000 | $2,000 | N.A. |
2.19.3 | Clearing Member to ensure that the Omnibus Account is operated at all times in accordance with the Rules | [Unless otherwise specified in this Schedule] | ||||
Compoundable | $500 | $1,000 | $2,000 | N.A. | ||
2.19.4 | Clearing Member to notify Clearing House of any failure by the Omnibus Account Holder to disclose its gross long and short positions | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
Clearing Member to comply with the orders of the Clearing House if the Omnibus Account Holder fails to make the required disclosure | Not Compoundable | Not Compoundable | $10,000 | |||
Clearing Member to ensure that Omnibus Account Holder is aware of this Rule. | Compoundable | $500 | $1,000 | $2,000 | N.A. | |
2.20.3 | Clearing Member to ensure compliance with respective position limits prescribed by Clearing House | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.20.4 | Clearing Member to furnish such documents as the Clearing House may require where the aggregate maintenance margins exceed such relevant amount as may be prescribed by the Clearing House | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.20A.2 | Clearing Member to comply with enforcement instructions upon notification by Clearing House | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.20B | Clearing Member to withold profits from overtrading upon notification by the Clearing House | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.20C.1 | Clearing Member to provide information as and when requested by Clearing House | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.21.1 | Clearing Member to ensure that its Memorandum and Articles of Association conform to this Rules | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.22.1.1 | Clearing Member to notify the Clearing House of any change in ownership | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.22.1.2 | Clearing Member to notify the Clearing House of any change in circumstances which may alter the control of itself | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.22.1.3 | Clearing Member to notify the Clearing House of any change in director | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.22.1.4 | Clearing Member to notify the Clearing House of any change in name | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.22.1.5 | Clearing Member to notify the Clearing House of change to constitutive documents | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.22.1.6 | Clearing Member to notify the Clearing House of the death or bankruptcy of a director | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.22.1.7 | Clearing Member to notify the Clearing House of the engagement or involvement in any new business or change in business | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.22.1.8 | Clearing Member to notify Clearing House of any change in senior management | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.23.1.1 | Clearing Member to notify the Cleairng House of the stipulated reduction in capital within the timelines | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.23.1.2 | Clearing Member to immediately notify the Clearing House of any under-segregation | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.23.1.3 | Clearing Member to notify the Clearing House of the stipulated reduction in capital within the timelines | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.24 | General Clearing Member or Direct Clearing Member not to appoint CEO, Deputy CEO unless the prior written approval of the Clearing House is obtained | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.25 | Clearing Member to inform and consult the Clearing House at least 30 days prior to any general meeting where new auditors are to be appointed | Compoundable | $500 | $1,000 | $2,000 | N.A. |
2.26.1 | Clearing Member to submit to the Clearing House such financial statements and in accordance with such timelines as required by the Clearing House | Not Compoundable | Not Compoundable | $10,000 | ||
2.26.2 | Clearing Member to keep records of formal computations of capital and financial requirements | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.27 | Clearing Member to notify the Clearing House of undermargined Customer Accounts and House Accounts | Not Compoundable | Not Compoundable | $10,000 | ||
2.28.2 | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
[deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
2.28A.1.1 | Clearing Member to inform the Clearing House of the clearing arrangement with a Trading Member | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
Clearing Member to provide such details as requested by the Clearing House | Not Compoundable | Not Compoundable | $10,000 | |||
2.28A.1.2 | Clearing Member to pay such administrative fees as the Clearing House may levy | Compoundable | $500 | $1,000 | $2,000 | N.A. |
2.28A.1.3 | Clearing Member to have in place adequate internal control measures and risk management systems to monitor the Trading Member's trades | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.28A.1.4 | Clearing Member to enter into a written agreement with the Trading Member setting out the terms and conditions governing their relationship | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.28A.1.5 | Clearing Member to inform the Clearing House if it believes that a Trading Member whom it has a clearing arrangement with has defaulted or may default | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.28A.1.6 | Clearing Member to have proper separation of front and back office functions | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
2.28B | Clearing Member not to clear any transactions where both sides of the trade belong to the same person. | Not Compoundable | Not Compoundable | $10,000 | ||
2.30.1A | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
2.31.1.1 | [deleted] | [deleted] | [deleted] | [deleted] | ||
2.33.2 | [deleted] | [deleted] | [deleted] | [deleted] | ||
2.35.2 | Clearing Member to notify relevant parties in an event of Force Majeure | Not Compoundable | Not Compoundable | $10,000 | ||
2.35A.5 | [deleted] | [deleted] | [deleted] | [deleted] | ||
2.37.1 | Clearing Member to ensure that agreements with Third Parties provide that all Contracts are subject to the Rules, SFA and SFR and that this is agreed upon. | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
Added on 16 May 201116 May 2011, amended on 7 August 20127 August 2012, 8 November 20128 November 2012, 15 March 201315 March 2013, 19 September 201619 September 2016, 12 November 201812 November 2018, 22 April 201922 April 2019, 17 July 201917 July 2019, 3 August 2020 and 31 October 2024.
Chapter 4 — Enforcement of Rules
Rule Violation | Whether composition may be offered | Composition Amount which may be Offered by the Clearing House, where the Clearing House has Determined the Clearing Member to be Liable | Mandatory minimum penalty imposable by the DC | |||
Rule Chapter/Number | Brief Description of Rule | 1st Violation | 2nd Violation | 3rd Violation | ||
Chapter 4 — Enforcement of Rules | ||||||
4.01A.3 | Clearing Member to cooperate with Clearing House investigtions | Not Compoundable | Not Compoundable | $10,000 | ||
4.01A.4 | Clearing Member, director, officer, employee not to wilfully make or furnish false information to Clearing House | Not Compoundable | Not Compoundable | $10,000 | ||
4.01B.2 | Clearing Member, director, officer, employee to give Clearing House access to information, books and records | Not Compoundable | Not Compoundable | $10,000 | ||
4.01B.4 | Clearing Member to pay fees for inspection by Exchange | Compoundable | $500 | $1,000 | $2,000 | N.A. |
4.04A.4.2 | Clearing Member to give the Clearing House a written undertaking not to disclose information received in relation to the charge | Not Compoundable | Not Compoundable | $10,000 | ||
4.04A.4.3 | Clearing Member not to breach written undertaking not to disclose information received in relation to the charge | Not Compoundable | Not Compoundable | $10,000 | ||
4.04A.5.2 | Clearing Member not to disclose information received in relation to the appeal | Not Compoundable | Not Compoundable | $10,000 | ||
4.12.1.1 | Clearing Member not to be guilty of fraud or act of bad faith or dishonest conduct | Not Compoundable | Not Compoundable | $10,000 | ||
4.12.1.2 | Clearing Member not to make a material misstatement to the Clearing House, SGX RegCo, any committee, or theit respective employees and members | Not Compoundable | Not Compoundable | $20,000 | ||
4.12.1.3 | Clearing Member to take steps to prevent further Contracts having to be cleared by it after its insolvency | Not Compoundable | Not Compoundable | $10,000 | ||
4.12.1.4 | Clearing Member not to refuse to appear before the Clearing House, in connection with any investigation, or any committee at a duly convened hearing, or in connection with any investigation, refuse to fully answer all questions or produce all books and records at any audit, hearing or investigation, or give false testimony, or fail to produce any books or records requested by the Clearing House staff in connection with an investigation etc | Not Compoundable | Not Compoundable | $10,000 | ||
4.12.1.5 | Clearing Member not to make use of or reveal any confidential information obtained by reason of participating in any investigative proceeding or hearing | Not Compoundable | Not Compoundable | $10,000 | ||
4.12.1.6 | Clearing Member to maintain minimum financial requirements and the required Clearing Fund Deposit | Not Compoundable | Not Compoundable | $10,000 | ||
4.12.1.7 | Clearing Member not to commit an act which is substantially detrimental to the interests of the Clearing House | Not Compoundable | Not Compoundable | $10,000 | ||
4.12.1.8 | Clearing Member not to refuse to comply with a final arbitration award | Not Compoundable | Not Compoundable | $10,000 | ||
4.12.1.9 | Clearing Member not to refuse, after hearing, to comply with an order of any hearing committee | Not Compoundable | Not Compoundable | $10,000 | ||
4.12.1.10 | Clearing Member not to violate any provision under this Rules which | [Unless otherwise specified in this Schedule] | ||||
Not Compoundable | Not Compoundable | $10,000 | ||||
4.12.1.11 | Clearing Member to comply with any written directive from the Clearing House or any other officer or committee of the Clearing House | Not Compoundable | Not Compoundable | $10,000 | ||
4.12.1.12 | Clearing Member to maintain and keep complete and accurate records in accordance with the SFA and/or SFR | Not Compoundable | Not Compoundable | $10,000 | ||
Clearing Member to maintain and keep complete and accurate records in accordance with this Rules | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | $10,000 | |
4.12.2.1 | Clearing Member not to make false or misleading entry in the Documents | Not Compoundable | Not Compoundable | $10,000 | ||
4.12.2.2 | Clearing Member not to omit from making a material entry in any of the Documents | Not Compoundable | Not Compoundable | $10,000 | ||
4.12.2.3 | Clearing Member not to alter or destroy any of the Documents without a valid reason | Not Compoundable | Not Compoundable | $10,000 | ||
4.13.1 | Clearing Member not to be guilty of dishonourable conduct | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
4.13.2 | Clearing Member not to make a false entry on clearing sheet | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
4.13.3 | Clearing Member not to fail to answer Customer's complaints promptly | Compoundable | $500 | $1,000 | $2,000 | N.A. |
4.13.5 | Clearing Member not to make mis-statement to Clearing House, SGX RegCo, any committee, or their respective employees and members | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
Added on 16 May 201116 May 2011, amended on 15 September 201715 September 2017 and 12 November 201812 November 2018.
Chapter 5 — Arbitration
Rule Violation | Whether composition may be offered | Composition Amount which may be Offered by the Clearing House, where the Clearing House has Determined the Clearing Member to be Liable | Mandatory minimum penalty imposable by the DC | |||
Rule Chapter/Number | Brief Description of Rule | 1st Violation | 2nd Violation | 3rd Violation | ||
Chapter 5 — Arbitration | ||||||
5.01.2.3 | Clearing Member not to fail or refuse to arbitrate or settle dispute | Not Compoundable | Not Compoundable | $10,000 | ||
5.01.2.4 | Clearing Members to cause their Sellers or Buyers to agree to arbitrate if there is dispute as a result of or arising in connection with a deliverable commodity futures contract | Not Compoundable | Not Compoundable | $10,000 |
Added on 16 May 201116 May 2011.
Chapter 6 — Delivery and Related
Rule Violation | Whether composition may be offered | Composition Amount which may be Offered by the Clearing House, where the Clearing House has Determined the Clearing Member to be Liable | Mandatory minimum penalty imposable by the DC | |||
Rule Chapter/Number | Brief Description of Rule | 1st Violation | 2nd Violation | 3rd Violation | ||
Chapter 6 — Delivery and Related | ||||||
6.02A.1 | Clearing Member to cause compliance with relevant delivery obligations | Not Compoundable | Not Compoundable | $10,000 | ||
6.02A.2 | Clearing Member to guarantee and assume complete responsibility for performance of all Delivery Obligations | Not Compoundable | Not Compoundable | $10,000 | ||
6.02A.10 | Clearing Member to notify the Clearing House of an occurrence of Force Majeure relevant to the performance of Delivery Obligations | Not Compoundable | Not Compoundable | $10,000 | ||
6.03.1 | Clearing Member not to default on delivery | Not Compoundable | Not Compoundable | $10,000 | ||
6.04.1 | Clearing Member to require evidence from its Seller or Buyer that all open positions which are not offset on the Last Trading Day will be completed by delivery | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
6.04.2 | Clearing Member to liquidate open positions on or before LTD if the Seller or Buyer fails to provide evidence that all open positions wil be completed by delivery | Not Compoundable | Not Compoundable | $10,000 | ||
6.07.1 | Clearing Member to post with Clearing House as escrow agent a Performance Deposit or other payment which may be prescribed under Contract Specifications as security for benefit of Buyer or Seller who is counterparty to delivery contract | Not Compoundable | Not Compoundable | $10,000 | ||
6.07.2 | Clearing Member to collect Performance Deposits or escrow assets within such time as prescribed in the Contract Specifications or by the Clearing House | Not Compoundable | Not Compoundable | $10,000 | ||
6.07.3 | Clearing Member not to grant any advance, loan, credit facility to Seller/Buyer for purpose of posting Performance Deposits/Escrow Assets | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
6.07A | Clearing Member to perform Delivery Obligations through the Facilitator Agent as prescribed by the Clearing House. | Not Compoundable | Not Compoundable | $10,000 |
Added on 16 May 201116 May 2011.
Chapter 7 — Clearing and Margins
Rule Violation | Whether composition may be offered | Composition Amount which may be Offered by the Clearing House, where the Clearing House has Determined the Clearing Member to be Liable | Mandatory minimum penalty imposable by the DC | |||
Rule Chapter/Number | Brief Description of Rule | 1st Violation | 2nd Violation | 3rd Violation | ||
Chapter 7 — Clearing and Margins | ||||||
7.02A.2 | Clearing Member to comply and ensure compliance with the requirements and procedures in relation to the registration of Non-Relevant Market Transactions, NLT transactions, EFP transactions and EFS transactions. | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.02A.2.2 | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
7.02A.2.3 | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
7.02A.2.4 | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
7.02A.2.5 | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
7.02A.2.6 | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
7.02A.2.7 | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
7.02A.2.8 | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
7.02AA.2.2 | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
7.02AA.2.3 | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
7.02AA.2.4 | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
7.03.1.3 | [deleted] | [deleted] | [deleted] | [deleted] | ||
7.03.1.4 | [deleted] | [deleted] | [deleted] | [deleted] | ||
7.03.12.1 | [deleted] | [deleted] | [deleted] | [deleted] | ||
7.04A | Clearing Member to comply with registration requirements of such NLT, EFP or EFS as set forth in the rules. | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.04.5E | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] | [deleted] |
7.08.1 | Clearing Member not to place any false or inaccurate entries on any other submission or otherwise provide false or inaccurate information in any document submitted to the Clearing House for clearing purposes | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.09 | Clearing Member to submit position change sheets to the Clearing House each trading day by the time specified by the Clearing House | Compoundable | $500 | $1,000 | $2,000 | N.A. |
7.10.2 | Clearing Member to notify the Clearing House in writing and no later than 5 pm on the following Business Day if it believes that there is any error in the recap ledger (produced by Clearing House) | Not Compoundable | Not Compoundable | $10,000 | ||
7.14.1 | Clearing Member to deposit additional collateral to cover any shortage in its cash margin held with the Clearing House | Not Compoundable | Not Compoundable | $30,000 | ||
7.15.1 | [deleted] | [deleted] | [deleted] | [deleted] | ||
7.15A.2 | [deleted] | [deleted] | [deleted] | [deleted] | ||
7.16 | Clearing Member to comply with requirements in relation to reports of large positions | Not Compoundable | Not Compoundable | $10,000 | ||
7.17.1 | Clearing Member not to carry speculative long and short positions in the same Commodity for the same Contract Month | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.20.1 | Clearing Member to meet margin requirements prescribed by the Clearing House | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.03A.10 | Clearing Member to provide the Clearing House with the required regulatory information | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.03A.6.3 | Clearing Member to deposit such Collateral as may be required by the Clearing House by reason of any revaluation | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.22 | Clearing Member to comply with requirements in relation to margins of Third Party | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.22A.1 | Clearing Member to grant margin credit only if the specified conditions are met. | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.22A.1.8 | Clearing Member to notify Clearing House if it offers inter-exchange cross margining arrangement to Third Parties | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.26.1 | Clearing Member to pay fines for errors, delays and omissions | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.27.1 | Subject to approval of the Clearing House, trades to be transferred to the books of another Clearing Member only in the specified circumstances | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.27.2 | Except with approval of Clearing House, existing trades on books of Clearing Members not to be transferred to books of another Clearing Member | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.27.3 | Relevant Trades to be transferred only if the specified conditions are met. | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.27.4.4 | Clearing Member to act according to directions of Clearing House for transfer and placement of Relevant Trades | Not Compoundable | Not Compoundable | $10,000 | ||
7.27.6 | Clearing Member to report to the Clearing House all transfers and placements made and to maintain full and complete record of all transactions | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.27.7 | Clearing Member to furnish such margins as the Clearing House may require | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7.28.2 | Clearing Member to report to the Clearing House all inter-clearing house transfers of positions and maintain a full and complete record of the transfers | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
Added on 16 May 201116 May 2011, amended on 7 August 20127 August 2012, 8 November 20128 November 2012, 29 July 201329 July 2013, 19 September 201619 September 2016 and 17 July 201917 July 2019.
Chapter 7A — Suspension and Default
Rule Violation | Whether composition may be offered | Composition Amount which may be Offered by the Clearing House, where the Clearing House has Determined the Clearing Member to be Liable | Mandatory minimum penalty imposable by the DC | |||
Rule Chapter/Number | Brief Description of Rule | 1st Violation | 2nd Violation | 3rd Violation | ||
Chapter 7A — Suspension and Default | ||||||
7A.01.2 | Clearing Member to comply with conditions and requirements imposed by the Clearing House if its activities are restricted | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
7A.01.4 | Clearing Member to notify Clearing House upon the occurrence of any of the events stated in Rule 7A.01.1. | Compoundable | $2,000 – $4,000 | $4,000 – $7,000 | $7,000 – $10,000 | N.A. |
[deleted] | [deleted] | [deleted] | [deleted] | [deleted] | ||
7A.02.2.1 | Clearing Member that has defaulted upon its obligation to the Clearing House, or has been suspended, to cooperate with the Clearing House and non-defaulting Clearing Members in respect of actions which the Clearing House may take under Rule 7A.02.1. | Not Compoundable | Not Compoundable | $10,000 | ||
7A.02.2.2 | Required Participant to participate in such auction stated in Rule 7A.02.1.3.c, and comply with requirements and procedures as prescribed by the Clearing House in relation to such auctions. | Not Compoundable | Not Compoundable | $10,000 | ||
7A.04.2 | Suspended or Expelled Clearing Member not to take on or clear new Contracts | Not Compoundable | Not Compoundable | $10,000 | ||
7A.05.1.4 | Clearing Member to make up deficiencies in Clearing Fund Deposit resulting from applications by Clearing House on default by Clearing Member | Not Compoundable | Not Compoundable | $10,000 | ||
7A.05.1.5 | Clearing Member not to take any action to interfere with ability of Clearing House to apply the Clearing Fund Deposit | Not Compoundable | Not Compoundable | $30,000 | ||
7A.06.2.1 | Clearing Member to place required Clearing Fund Deposit with the Clearing House | Not Compoundable | Not Compoundable | $10,000 | ||
[Deleted] | [Deleted] | [Deleted] | [Deleted] | [Deleted] | ||
7A.06.3.3 | Clearing Member to immediately furnish Further Assessment Amount prior to the close of business on the Business Day immediately following the call | Not Compoundable | Not Compoundable | $10,000 | ||
7A.06.8.1 | Clearing Member to make good any deficiency in Clearing Fund Deposits prior to close of business on Business Day immediately following such application | Not Compoundable | Not Compoundable | $10,000 | ||
7A.06A.1.3 | Clearing Member participating in Connect Contracts to place Clearing Member Connect Layer Contribution Requirement with the Clearing House | Not Compoundable | Not Compoundable | $10,000 | ||
7A.07.5 | Clearing Member to pay Termination Amount (if negative) to Clearing House | Not Compoundable | Not Compoundable | $10,000 |
Added on 7 August 20127 August 2012, amended on 30 June 201430 June 2014, 12 November 201812 November 2018, 17 July 201917 July 2019 and 29 July 2022.