Examples of Exempting Client Clearing Rule in a sentence
We consider the second paragraph of Article 726 of the Insolvency Law in connection with Part 7 to constitute an Exempting Client Clearing Rule and consequently, in accordance with the Instructions, we have not provided an answer to this question.
The analysis shall also contain the auditor’s opinion on the objectivity and suitability of the criteria referred to in paragraph 1 hereof, and the consistency of their implementation from one period to the next.
Please clarify whether the relevant Exempting Client Clearing Rule would be expected to apply to Relevant Clearing Members of all entity types or to only certain entity types.
If, and to the extent that, you consider such an Exempting Client Clearing Rule to be available, please: (i) assume for the purposes of answering the following questions that LCH will rely upon the existence of the relevant Exempting Client Clearing Rule and will not require those Relevant Clearing Members to which that Exempting Client Clearing Rule applies to enter into a Security Deed; and (ii) ignore Questions 20 to 22.
However, the mechanism of the Security Deed is intended to operate only in the absence of an Exempting Client Clearing Rule and on the basis of our opinion at paragraph 4.3.3 above, an Exempting Client Clearing Rule would apply to a Relevant Clearing Member.
The Clearing House will determine whether an effective Exempting Client Clearing Rule exists in respect of a clearing member and, if not, the clearing member must execute a Security Deed in relation to its provision of Client Clearing Services.
The table in schedule one identifies the jurisdictions for which a Security Deed is required, because no Exempting Client Clearing Rule is available.
Parties should seek their own independent legal advice in relation to the use, economic consequences and selection of particular account types and in relation to the different levels of protection and segregation arrangements.The table at Schedule 2 (Exempting Client Clearing Rule Jurisdictions) identifies the jurisdictions in which the Clearing House considers that a Security Deed is required because no Exempting Client Clearing Rule is available.
The definition for this type of mechanism in the General Rulebook is an "Exempting Client Clearing Rule".
The Clearing House will make a determination as to the availability of an effective Exempting Client Clearing Rule or, in the absence of such a rule, the effectiveness of the Security Deed in the case of every clearing member applying to offer Client Clearing Services.