Updated 18/09/2024
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Article 23 - Direct replacement costs incurred by the clearing members under normal insolvency proceedings

Article 23

Direct replacement costs incurred by the clearing members under normal insolvency proceedings

1.   When calculating the costs referred to in Article 22(4), point (d), the valuer shall take into account a commercially reasonable estimate of the direct replacement costs incurred by clearing members to reopen, within an appropriate period, comparable net positions in the market, as set out in Article 61(3), first subparagraph, point (c), of Regulation (EU) 2021/23.

2.   The valuer shall consider the following costs for clearing members:

(a)

the hypothetical credit exposures of the clearing members to the CCP at the time of reopening the comparable net positions, had those positions remained open at the CCP until that date;

(b)

any liquidity and concentration costs incurred by clearing members when reopening the comparable net positions;

(c)

any material unavoidable operating costs incurred by clearing members in relation to the new connections or transactions between clearing members and any counterparty or CCP, including membership, trading, clearing, payment, settlement and custody fees;

(d)

any additional material funding cost stemming from the difference in applicable margin requirements and default fund contributions and associated with the reopening of net positions with any counterparty or CCP.