Updated 22/10/2024
In force

Initial Legal Act
Amendments
Search within this legal act

Article 55 - Position (Stock) records

Article 55

Position (Stock) records

1.   A CSD shall keep records of positions corresponding to all securities accounts that it maintains. Separate records shall be held for each account kept in accordance with Article 38 of Regulation (EU) No 909/2014.

2.   A CSD shall keep records of the following information:

(a)

identifier of each issuer for which the CSD provides the core service referred to in point 1 or 2 of Section A of the Annex to Regulation (EU) No 909/2014;

(b)

identifier of each securities issue for which the CSD provides the core services referred to in point 1 or 2 of Section A of the Annex to of Regulation (EU) No 909/2014, the law under which the securities recorded by the CSD are constituted and the country of incorporation of the issuers of each securities issue;

(c)

identifier of each securities issue recorded in securities accounts not centrally maintained by the CSD, the law under which the securities recorded by the CSD are constituted and the country of incorporation of the issuers of each securities issue;

(d)

identifier of the issuer CSD or of the relevant third country entity performing similar functions to an issuer CSD for each securities issue referred to in point (c);

(e)

issuers' securities accounts identifiers, in the case of issuer CSDs;

(f)

issuers' cash accounts identifiers, in the case of issuer CSDs;

(g)

identifiers of settlement banks used by each issuer, in the case of issuer CSDs;

(h)

participants' identifiers;

(i)

participants' country of incorporation;

(j)

participants' securities accounts identifiers;

(k)

participants' cash accounts identifiers;

(l)

identifiers of settlement banks used by each participant;

(m)

country of incorporation of settlement banks used by each participant.

3.   At the end of each business day, a CSD shall record for each position the following details to the extent that they are relevant for the position:

(a)

identifiers of participants and of other account holders;

(b)

type of securities accounts according to whether a securities account belongs to a participant (‘participant's own account’), to one of its clients (‘individual client segregation’) or to several of its clients (‘omnibus client segregation’);

(c)

for each securities issue identifier (ISIN), end-of-day balances of securities accounts covering the number of securities;

(d)

for each securities account and ISIN under point (c), the number of securities subject to settlement restrictions, type of the restrictions and the identity of the beneficiary of restrictions at the end of day.

4.   A CSD shall keep records of settlement fails and the measures adopted by the CSD and its participants to prevent and address settlement fails in accordance with Articles 6 and 7of Regulation (EU) No 909/2014.