Updated 18/10/2024
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Article 3 - Assessment of the organisational structure of a CCP

Article 3

Assessment of the organisational structure of a CCP

Competent authorities and supervisory colleges shall assess the adequacy of a CCP’s recovery plan in respect of the level of complexity of the organisational structure by considering all of the following factors:

(a)

whether the ownership structure of the CCP might affect the recovery plan;

(b)

how the ownership structure of the CCP is reflected in incentive structures or decision processes of the CCP;

(c)

how requirements on owners under the recovery plan might affect the recovery plan, including where contractual parental or group support agreements form part of the recovery plan, and assessing in particular:

(i)

the reliability and enforceability of such support;

(ii)

whether the recovery plan appropriately considers and addresses cases where such support agreements cannot be honoured;

(d)

whether the links of the CCP to any same-group entity are sufficiently assessed to ensure that any risk of contagion that may arise in the event of any group company being subject to financial constraints or being in default is accounted for, and assessing how those links might impact the applicability of the measures in the recovery plan;

(e)

whether the policies and procedures governing the approval of the recovery plan and the identification of the persons in the organisation responsible for drawing up and implementing the recovery plan are suitable, clear and practicable;

(f)

whether the recovery plan is consistent with the corporate governance structure of the CCP and the CCP’s decision processes and internal governance;

(g)

whether the complexity of the CCP’s internal organisation might be a hindrance to timely actions or whether processes are likely to run efficiently with clear decision-making chains and clearly defined responsibilities;

(h)

whether the recovery plan is clear and practicable in procedures and action plans, including procedures for decision processes, detailed contact sheets from any person relevant to the recovery plan process, remote access abilities and accessibility to decision makers, and whether the recovery plan has procedures to access key persons both on and off-site;

(i)

whether the recovery plan is effectively included, where required, in the operating rules of the CCP;

(j)

whether the CCP has in place appropriate rules and procedures to test its recovery plan with its clearing members on a regular basis, and where possible, to identify their clients and indirect clients.