Overview

Clearing of OTC derivatives is an essential part of the financial market infrastructure, and performs a critical function catering for the need of market participants to hedge risks by using OTC derivatives. As a response to the financial crisis, central clearing has also added greater safety and transparency in the financial sector. Nevertheless, although the main risks have been addressed, they have not disappeared. Clearing OTC Derivatives in Europe provides a comprehensive and practical guide to the legal, regulatory, and operational aspects of the OTC derivatives clearing industry in Europe. This volume consists of six parts which provide an in-depth analysis of all relevant aspects of the entire operation of clearing OTC derivatives. Part I provides a general description of OTC Derivatives clearing as well as a detailed description of the development of the EU regulatory regime from an historical perspective also highlighting the global perspective. Part II discusses structural elements of OTC derivatives clearing including the various access models (incl. sponsored access), clearing mechanics (novation), collateral management, CCP governance, clearing documentation and capital requirements. Part III examines the CCP's default management, segregation and portability of client assets and CCP recovery & resolution. Part IV analyses the transaction chain including open access as well as the relationship with trading venues and settlement organisations. Part V addresses cross border issues and the consequences of Brexit for the OTC derivatives clearing industry. Part VI focusses on future developments including distributed ledger technology (DLT). Written by leading experts from across Europe and various disciplines including governmental and regulatory bodies, academics, law firms, and market practitioners, Clearing OTC Derivatives in Europe is an indispensable companion for anyone involved with financial market infrastructure and OTC derivatives.

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9780192868725

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It is a must-read, not only for academic study but also for legislators, regulators, central bankers and politicians in Europe and beyond. * Godfried de Vidts, Journal of Securities Operations & Custody (Vol. 16-1) *

It is a must-read, not only for academic study but also for legislators, regulators, central bankers and politicians in Europe and beyond. * Journal of Securities Operations & Custody Volume 16 Number 1 *

Author Information

Bas Zebregs is head of the financial markets team within the legal department of APG Asset Management with a primary focus on derivatives, clearing, custody and settlement. Before joining APG in 2009 he worked at the legal department of Euroclear S.A. He teaches on clearing and settlement at the Grotius post-graduate financial law academy, is a fellow at the Financial Law Institute of the University of Nijmegen and the author of several publications on clearing and settlement related topics. Victor de Serière is an attorney at law working with the Amsterdam offices of Allen & Overy, of which he was a partner until 2009, and a Professor of Securities Law (civil law aspects) at Radboud University of Nijmegen, the Netherlands. His practice and university lecturing focus on financial regulatory work. He has published books and numerous papers on financial legal issues, and he is the author of the leading handbook on Dutch securities law (Asser Effectenrecht). Patrick Pearson has spent more than three decades in financial services regulation at the European Commission where he was responsible for EU banking regulation until 2010 and for derivatives clearing and post-trade regulation until 2021. He has represented the European Commission in the Basel Committee on Banking Supervision and CPMI-IOSCO, and co-chaired the G20 FSB Working Group on cross-border derivative issues. Patrick has been a frequent speaker representing the European Commission in public events and has lectured at a number of universities. He has a law degree from Leiden University and lives in The Netherlands where he also works for various charitable organisations. Rezah Stegeman is a lawyer at the international law firm Simmons & Simmons (Amsterdam) where he has been a partner since 2013. He specialises in financial services regulation, derivatives and clearing, advising both buy-side and sell-side clients. Rezah is a returning guest lecturer at two universities (the Vrije Universiteit Amsterdam and the Radboud Universiteit Nijmegen), the Law Firm School for trainee lawyers and the 'Grotius post-graduate academy for financial regulatory law' for lawyers and in-house counsel. Furthermore, he established the Amsterdam Derivatives Academy in 2014, a four-monthly symposium which is the leading industry event for derivatives practitioners in the Netherlands.

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