SGX proposes to enhance default management capabilities of derivatives and securities clearing

Singapore Exchange (“SGX”) is seeking public feedback on proposed amendments to the clearing rules of Singapore Exchange Derivatives Clearing Limited (“SGX-DC”) and the Central Depository (Pte) Limited (“CDP”) (the “SGX-DC Clearing Rules” and the “CDP Clearing Rules” respectively) to enhance both clearing houses’ default management capabilities.

SGX is proposing to amend the SGX-DC Clearing Rules to:

  • introduce an auction protocol for liquidating a defaulted SGX-DC Clearing Member’s positions in exchange-traded derivatives contracts and over-the-counter commodities contracts (“ETD/OTCC Auction”), and a loss distribution mechanism to address losses arising from such an auction;
  • allow SGX-DC to unilaterally terminate positions of non-defaulting SGX-DC Clearing Members that exactly offset those of the defaulted Clearing Member for all classes of contracts SGX-DC clears;
  • revise the existing loss distribution mechanism for auctions for over-the-counter financial derivatives contracts (“OTCF Auction”); and
  • modify the SGX-DC Clearing Fund “waterfall” which allocates losses arising from a Clearing Member default, by incorporating “sub-waterfalls” for allocating losses arising from ETD/OTCC and OTCF Auctions.

SGX is proposing to amend the CDP Clearing Rules to give CDP the power to write off, as a loss to CDP, a defaulted CDP Clearing Member’s unsettled buy trades if those securities are not force-sold by the seventh day after the Clearing Member is declared to be in default.

The proposed changes to the SGX-DC Clearing Rules and the CDP Clearing Rules will reinforce the robustness of SGX-DC’s and CDP’s risk management, and are consistent with international best practices.

“SGX’s primary remit of upholding the health and efficiency of Singapore’s financial market means we have a duty to ensure the continuity of the broader market in the event a Clearing Member defaults. We are constantly reviewing and enhancing our risk management practices. We have sought to do so with this consultation by balancing global best practices, commercial practicalities and operational feasibility,” said Agnes Koh, Chief Risk Officer, Singapore Exchange.

Full details of the public consultation including the questions SGX posed are found here. The public consultation is open till 16 August 2018 and SGX expects to implement the amendments in the fourth quarter of 2018, subject to regulatory approval.

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