Systèmes de paiement, de compensation et de règlement dans les pays du CSPR

Systèmes de paiement, de compensation et de règlement dans les pays du CSPR

Comité des paiements
et systèmes de règlement
Paiement, compensation et
systèmes de règlement dans le
Pays du CSPR
Volume 1
Septembre 2011
Des exemplaires des publications sont disponibles auprès de:
Banque des règlements internationaux
Les communications
CH-4002 Bâle, Suisse
E-mail: (email protected)
Fax: +41 61 280 9100 et +41 61 280 8100
Cette publication est disponible sur le site Web de la BRI (www.bis.org).
© Banque des règlements internationaux 2011. Tous droits réservés. De brefs extraits peuvent être
reproduit ou traduit à condition que la source soit citée.
ISBN 92-9131-877-9 (imprimé)
ISBN 92-9197-877-9 (en ligne)
Avant-propos
Le Comité sur les systèmes de paiement et de règlement-livraison publie - sous l’égide de
Banque des règlements internationaux (BRI) - Ouvrages de référence sur les systèmes de paiement et
autres infrastructures des marchés financiers de divers pays, connues sous le nom de Red Books.
Le Livre rouge pour les pays du CSPR a été publié pour la dernière fois en avril 2003. Après la
élargissement du CPSS à 24 pays en 2009, cette édition du Livre rouge du CPSS
pays est en deux volumes. Ce premier volume comprend 10 pays du CSPR: Australie, Brésil,
Canada, Inde, Corée, Mexique, Russie, Singapour, Suède et Suisse. La deuxième
qui couvre la Belgique, la Chine, la France, l’Allemagne, la RAS de Hong Kong, l’Italie, le Japon, les
Pays-Bas, Arabie saoudite, Afrique du Sud, Turquie, Royaume-Uni et États-Unis
ainsi que des chapitres sur la zone euro et les accords de paiement internationaux, est prévue
à paraître en 2012.
Le bon fonctionnement des infrastructures des marchés financiers renforce la stabilité du marché financier.
secteur privé, réduire les coûts de transaction dans l’économie, promouvoir l’utilisation efficace des ressources financières.
ressources, améliorer la liquidité des marchés financiers et faciliter la conduite de la politique monétaire. je
espérons que cette nouvelle édition du livre rouge du CSPC contribuera à la compréhension générale
et la sensibilisation à ces questions en fournissant des informations sur les dispositions prises dans le SSPC
des pays.
Je voudrais remercier tous ceux qui ont contribué à la publication de ce livre rouge en écrivant
leurs textes de pays. Merci également au personnel de la BRI d’avoir préparé ce volume pour publication,
et particulièrement à David Maurer, qui a coordonné la production et dirigé le processus de
éditer les textes de pays.
William C Dudley
Président
Comité sur les systèmes de paiement et de règlement
CPSS - Red Book - 2011
iii
Les responsables de la banque centrale impliqués dans la préparation
de ce volume du livre rouge
Banque de réserve de l'Australie
Robert Lightfoot
Nick Roberts
Banque centrale du Brésil
Luciano Andrade Frois
Banque du Canada
Paul Miller
Banque de réserve de l'Inde
Gynedi Srinivas
Nilima Ramteke
Banque de Corée
Yongo Kwon
Banque du Mexique
David Margolín
Ricardo Medina
Luis Lima
Francisco Solís
Luis Manuel de los Santos
Alejandro de los Santos
Alberto Mendoza
Banque centrale de la Fédération de Russie
Elena Pak
Autorité monétaire de Singapour
Jeryl Poh
Ronald Sin
Sveriges Riksbank
Kristian Tegbring
Banque nationale suisse
David Maurer
Robert Oleschak
Banque des règlements internationaux
David Maurer
Peut Bülent Okay
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v
Contenu
Avant-propos ................................................. .................................................. ............................... iii
Responsables de la banque centrale impliqués dans la préparation de cette édition du Livre rouge .................... v
Systèmes de paiement, de compensation et de règlement en
Australie................................................. .................................................. .................................1
Brésil................................................. .................................................. .................................... 55
Canada ................................................. .................................................. .............................. 103
Inde ................................................. .................................................. ................................... 145
Corée ................................................. .................................................. ................................. 205
Mexique ................................................. .................................................. ............................... 245
Russie................................................. .................................................. ................................ 281
Singapour ................................................. .................................................. .......................... 325
Suède................................................. .................................................. .............................. 357
Suisse ................................................. .................................................. ........................ 387
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Paiement, compensation et
systèmes de règlement dans
Australie
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1
Australie
Contenu
Liste des abréviations............................................... .................................................. ................. 5
Introduction ................................................. .................................................. ............................7
1.
Aspects institutionnels ................................................ .................................................. ....... 9
1.1
Le cadre institutionnel général .............................................. ......................... 9
1.1.1 Institutions .............................................. .................................................. ..... 9
1.1.2 Législation .............................................. .................................................. ...dix
1.1.3 Autre réglementation ............................................. .............................................dix
1.2
Le rôle de la banque centrale ............................................ ..................................... 11
1.2.1 Surveillance du système de paiement ............................................ ............................ 11
1.2.2 Supervision de la compensation et du règlement de titres .......................................... .... 12
1.2.3 Comité de surveillance de CLS ............................................ .............................. 13
1.2.4 Rôle opérationnel ............................................. ............................................. 13
1.3
Le rôle d'autres organismes des secteurs privé et public ......................................... ...... 14
1.3.1 Commission australienne de la concurrence et de la consommation (ACCC) ................... 14
1.3.2 Commission australienne des valeurs mobilières et des investissements (ASIC) ....................... 14
1.3.3 Autorité australienne de réglementation prudentielle (APRA) .................................... 14
1.3.4 Centre australien de rapports et d'analyse des transactions (AUSTRAC) ............. 15
1.3.5 Conseil des régulateurs financiers ............................................ ....................... 15
1.3.6 Association australienne de compensation des paiements (APCA) .................................... 15
1.3.7 EFTPOS Payments Australia Limited (EPAL) ........................................ .... 16
1.3.8 Service du médiateur financier (FOS) ......................................... ............... 16
1.3.9 Conseil consultatif du secteur financier ........................................... ................... 16
2
Supports de paiement utilisés par les non-banques ........................................... ................................... 16
2.1
Paiement en éspèces ................................................ .................................................. ..17
2.2
Paiements en espèces .............................................. ............................................... 17
2.2.1 Chèques et autres instruments à base de papier ........................................ ..... 17
2.2.2 Virements électroniques et prélèvements automatiques ......................................... ....... 17
2.2.3 Cartes de paiement ............................................. ............................................... 18
2.2.4 DAB .............................................. .................................................. ........... 20
2.2.5 Paiements de factures à des tiers .......................................... ................................... 20
2.3
DEVELOPPEMENTS récents ................................................ .......................................... 21
2.3.1 Modes de paiement ............................................. ........................................... 21
2.3.2 Produits de paiement ............................................. .......................................... 22
2.3.3 Monnaie électronique ............................................ .................................................. ........ 23
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3
Systèmes de paiement (systèmes de transfert de fonds) ............................................ ....................... 23
3.1
Aperçu général ................................................ ............................................... 23
3.2
Systèmes de paiement de grande valeur ............................................. .............................. 23
3.2.1 Système de transfert et d'information des banques de réserve (RITS) ............................ 23
3.2.2 Système de compensation de valeur élevée (HVCS) ........................................ ................. 28
3.3
Systèmes de paiement de détail ............................................... ....................................... 30
3.3.1 Systèmes à base de cartes - propriétaires ......................................... .................... 30
3.3.2 Systèmes à base de cartes - Schéma ......................................... ......................... 34
3.3.3 Contrôles .............................................. .................................................. ..... 37
3.3.4 Systèmes de virement de débit et de débit de détail - BECS ....................................... 40
3.3.5 Systèmes de virement de débit et de débit - BPAY ....................................... 41
3.3.6 Distribution et échange d'espèces ........................................... ...................... 43
4
Systèmes de traitement post-transaction, de compensation et de règlement de titres ........................ 44
4.1
Aperçu général ................................................ ................................................ 44
4.2
Systèmes de traitement post-négociation ............................................. .............................. 45
4.3
Contreparties centrales et systèmes de compensation ............................................. ......... 45
4.3.1 Clear ASX ............................................. .................................................. ... 46
4.3.2 ASX Clear (Futures) .......................................... ......................................... 48
4.4
Systèmes de règlement de titres ............................................... .............................. 50
4.4.1 Règlement ASX ............................................. ............................................. 50
4.4.2 Austraclear .............................................. .................................................. 52
4,5
4
Utilisation de l'infrastructure des valeurs mobilières par la banque centrale ....................................... 54
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Australie
Liste des abréviations
ACCC
Commission australienne de la concurrence et de la consommation
ACDES
Système australien de distribution et d'échange d'espèces
ADI
institution de dépôt autorisée
Loi LBC / FT
Loi sur la lutte contre le blanchiment d'argent et le financement du terrorisme
APCA
Australian Payments Clearing Association Limited
APCS
Système australien de nettoyage du papier
APRA
Autorité australienne de réglementation prudentielle
ASIC
Commission australienne des valeurs mobilières et des investissements
ASX
Bourse de valeurs australienne
ASXCC
ASX Clearing Corporation Limited
AU M
guichet automatique
AUSTRAC
Centre australien de rapports et d'analyse des transactions
BECS
Système de compensation électronique en vrac
PCC
contrepartie centrale
CECS
Système de compensation électronique grand public
CGS
Titres du gouvernement du Commonwealth
ÉCHECS
Système de sous-registre électronique de la chambre de compensation
PIÈCE DE MONNAIE
Réseau de communauté d'intérêt
CSD
dépositaire central de titres
DVP
livraison contre paiement
EFTPOS
transfert électronique de fonds au point de vente
EPAL
EFTPOS Payments Australia Limited
Compte ES
Compte de règlement d'échange
HVCS
Système de compensation à valeur élevée
MICR
reconnaissance de caractères à l'encre magnétique
PSB
Système de paiement
RBA
Banque de réserve de l'Australie
RITS
Système d'information et de transfert de la banque de réserve
RTGS
règlement brut en temps réel
SFE
Sydney Futures Exchange Limited
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introduction
Le système financier australien comprend trois grands groupes d’institutions. À partir de juin
2010, les banques autorisées à opérer en Australie représentent environ 58% des actifs de la
système financier. Autres intermédiaires financiers (y compris les sociétés de construction, les coopératives de crédit,
sociétés monétaires, sociétés de financement et titreurs) détiennent environ 9% des actifs.
Assureurs et gestionnaires de fonds (tels que les bureaux d’assurance vie, les assureurs généraux,
les fonds de pension et les fonds communs de placement) représentent les 33% restants.
Les banques, les sociétés de construction et les coopératives de crédit sont les principaux fournisseurs de services de paiement dans ce secteur.
Australie. L’Australian Payments Clearing Association (APCA), un organisme du secteur, a
la responsabilité de l’élaboration et du maintien des règles et procédures de l’industrie pour
compensation et règlement dans les principaux systèmes de compensation des paiements. Une nouvelle société, EFTPOS
Payments Australia Limited (EPAL) joue un rôle central dans la gestion et la promotion de la
système national de cartes de débit EFTPOS. Obligations contractées entre des fournisseurs de services autres qu'en espèces
les services de paiement sont réglés via des comptes Exchange Settlement (ES) à la réserve
Banque d'Australie (RBA).
Comme dans de nombreux pays du monde, le système de paiement en Australie a
considérablement changé au cours de la dernière décennie. En partie, cela a été une réponse à la technologie
changement et le comportement des consommateurs, mais il a également été le résultat d’une approche globale.
programme de réforme.
Des modifications profondes de la structure de réglementation financière australienne sont entrées en vigueur le
Er juillet 1998. Ces changements représentent la réponse du gouvernement à la
recommandations de l’enquête sur le système financier (comité Wallis), créée en 1996 pour
analyser les forces qui entraînent le changement dans le système financier australien et donner des conseils sur la manière de
améliorer les dispositions réglementaires. Sous la nouvelle structure, la RBA a gagné beaucoup
pouvoirs réglementaires pour promouvoir l'efficacité, la concurrence et la stabilité du système de paiement
en vertu de la loi de 1998 sur les systèmes de paiement (règlement). Le gouvernement a créé un deuxième
conseil d’administration au sein de la RBA - le système de paiement (PSB) - afin de déterminer le
politique du système de paiement. Ses responsabilités sont définies dans la banque de réserve modifiée.
Loi de 1959.
L’initiative clé en matière de réduction des risques en Australie a été l’introduction d’un chiffre d’affaires brut en temps réel.
système de règlement des différends (RTGS) en 1998. La réforme a éliminé la constitution de
expositions entre établissements financiers résultant de l'échange de paiements de grande valeur
et transactions sur titres de créance. Au lieu de cela, les transactions individuelles impliquant différentes banques
sont réglés en temps réel sur tous les comptes de la RBA. En 2002, règlement continu lié
(CLS) Bank a rejoint le système australien RTGS, autorisant les transactions en devises
impliquant le dollar australien à régler via CLS.
La RBA a pris un certain nombre de mesures pour améliorer la compétitivité et l'efficacité des services de débit.
et systèmes de cartes de crédit en Australie. En 2001, la RBA a désigné la Bankcard, MasterCard
cartes de crédit Visa en vertu de la loi de 1998 sur les systèmes de paiement (règlement sur les systèmes).
consultation approfondie de la RBA a déterminé les normes qui ont réduit les frais d'interchange et
supprimé les restrictions imposées aux commerçants qui facturent l'utilisation de cartes de crédit aux clients, et
un régime d'accès facilitant l'entrée de nouveaux acteurs sur le marché des cartes de crédit.
La norme sur les commissions d’interchange prévoit que les commissions acquittées par les établissements acquéreurs d’opérations doivent
les établissements émetteurs de cartes de crédit ne doit pas être plus élevé, sur une base moyenne pondérée, qu’un indice de référence basé sur les coûts. Initialement, des points de référence distincts ont été calculés pour chaque régime, mais
En 2006, la norme a été modifiée pour prévoir le calcul d’un repère commun permettant de
couvrir à la fois les systèmes MasterCard et Visa. La norme modifiée ne s'applique pas à la
Le système australien de carte bancaire, qui a été fermé au début de 2007.
En 2004, la RBA a désigné le système de carte de débit utilisé en Australie par Visa
International et le système de paiement par carte de débit EFTPOS en Australie en tant que systèmes de paiement
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Australie
en vertu de la loi de 1998 sur les systèmes de paiement (règlement). Après de longues consultations, la RBA
normes déterminées pour la fixation des commissions d’interchange pour les deux systèmes et pour la suppression
de la règle "honorer toutes les cartes" dans le système de visas.1 Il a également déterminé les régimes d'accès pour
EFTPOS et systèmes de débit Visa.
Les normes d’échange ont entraîné une réduction des frais d’interchange. Dans le cas de l'EFTPOS
la norme implique l’adoption d’un plafond et d’un plancher sur les commissions d’interchange. Pour Visa
Au débit, il y a un plafond à la commission d'interchange moyenne pondérée dans ce système.
Au cours du développement de ces réformes, une carte de débit portant la marque MasterCard a été lancée en
Australie. La RBA a indiqué que ce nouveau système de «système de débit» serait soumis aux
mêmes exigences que le système Visa Débit.2 Les deux régimes ont eu la possibilité de
se conformer volontairement aux réformes. MasterCard a pris un engagement à cet égard, mais
Visa n'a pas. La norme d'échange et la norme interdisant les règles «honorer toutes les cartes»
ont donc été officiellement imposées au système Visa Débit.
Au cours d’une période de deux ans qui s’est achevée en septembre 2008, la RBA a mené une vaste
examen de la réforme de ses systèmes de cartes de paiement. L’examen a conclu que le règlement
relatives à la transparence, à l'accès et à la suppression des restrictions imposées aux commerçants
introduits dans le processus de réforme devraient être conservés. En ce qui concerne les frais d'interchange,
Cependant, la RBA a estimé que l’environnement concurrentiel renforcé offrait un avantage
possibilité de prendre du recul par rapport à la réglementation formelle. Il a dit que si l’industrie pouvait lui fournir
rassuré que les frais d'interchange n'augmenteront pas si la réglementation était levée, il serait en mesure de
se retirer de la réglementation des échanges. En l’absence d’un tel confort, la Banque
préfigurait une intervention réglementaire visant à réduire encore les frais d'interchange. La RBA a indiqué
qu’il évaluerait les progrès accomplis pour répondre à ses besoins en août 2009.
À ce moment-là, la Banque a estimé que les progrès étaient insuffisants pour justifier la levée des
règlement, mais suffisait pour retarder, pour le moment, le passage à une réduction supplémentaire des échanges
honoraires. La question reste à l’étude, la Banque étant prête à rouvrir l’examen de la question des
la réglementation à la lumière des développements de l'industrie. Dans l’intervalle, la Banque a publié pour
discussion une proposition de révision de la norme relative aux commissions d’interchange EFTPOS afin d’aligner plus étroitement
le traitement réglementaire des cartes de système internationales et des cartes de débit domestiques (EFTPOS).
Suite à la consultation sur cette proposition, la norme de commission d’interchange EFTPOS a été adoptée.
1er janvier 2010), en plafonnant la moyenne pondérée de tout accord multilatéral
frais d'interchange dans le système EFTPOS au même niveau que pour le débit du schéma. le
La norme modifiée pour le système EFTPOS prévoit une réglementation des frais d'interchange bilatéraux
inchangé, les frais payés par les émetteurs aux acquéreurs étant limités entre 4 et 5 cents.
En 2008, la RBA a désigné le système ATM comme système de paiement en vertu de la
Systems (Regulation) Act 1998. Après de longues consultations, la Banque a déterminé un
Régime d'accès pour le système ATM. Le régime d'accès limite les coûts de connexion
pouvant être facturés aux nouveaux entrants dans le système ATM et interdit la facturation de
frais d'interchange, sauf circonstances particulières. Il interdit également de facturer des frais pour
établissant des accords directs de compensation / règlement et permet à la Banque d'exempter certains
des dispositions du respect des aspects du régime lorsque cela est jugé conforme aux
l'intérêt public.
1
Cette norme permet aux commerçants de décider séparément d’accepter ou non les cartes Visa Débit.
d’accepter ces cartes en conséquence de l’acceptation des cartes de crédit Visa.
2
La carte de débit Visa International et la carte de débit MasterCard sont appelées «système de débit». En Australie
les cartes de débit de système fonctionnent dans le cadre à quatre parties distinct des systèmes alors que les cartes PLUS
et les marques Maestro fournissent des fonctionnalités à l’étranger pour les cartes de débit propriétaires.
8
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Australie
Le régime d’accès et les réformes complémentaires axées sur l’industrie ont été conçus pour:
coûts des retraits d’argent plus transparents pour les titulaires de cartes et exercent une pression à la baisse sur
le coût des retraits aux guichets automatiques; aider à assurer la disponibilité généralisée continue des guichets automatiques
incitant à les déployer dans une grande variété de lieux, offrant aux consommateurs une
choix et commodité; promouvoir la concurrence entre les institutions financières; et fais
accès moins compliqué pour les nouveaux entrants et donc renforcer la concurrence.
Les réformes ont entraîné des changements significatifs dans la manière dont les transactions ATM sont facturées,
les clients étant facturés directement pour les retraits effectués par le propriétaire du guichet automatique, tandis que des frais «étrangers»
ont été éliminés.
En vertu de la loi de 2001 sur les sociétés, la RBA est également responsable de la définition des états financiers.
Normes de stabilité pour les installations de compensation et de règlement agréées en Australie. La RBA a mis deux
Normes en mai 2003: une pour les contreparties centrales et une pour les titres
systèmes de règlement. Chaque norme contient un certain nombre de mesures et de directives qui fixent
sur les questions que la RBA évaluera pour déterminer la conformité à la norme pertinente.
Ces mesures et directives sont similaires aux recommandations CPSS-IOSCO.
La RBA a le pouvoir de modifier ou de révoquer les normes existantes. En juin 2005, la norme pour
systèmes de règlement-livraison de titres variait pour exclure de sa couverture les systèmes dans lesquels
la valeur des obligations financières réglées au cours d'un exercice ne dépasse pas le dollar australien
100 millions de dollars australiens.3 Cela visait à éviter de capturer de petits systèmes qui ne posaient pas de problèmes systémiques.
préoccupations. En février 2009, l’une des mesures (Comprendre les risques) associée à la
La norme a été révisée pour tenir compte de la divulgation des prêts de titres d’actions. Au même
À l’époque, la norme pour les CCP variait de manière à ce que les CCP implantés à l’étranger fournissant des services
Les marchés australiens (et nécessitant une licence australienne) seraient exemptés d'évaluation
contre la norme, à condition qu’ils soient soumis à une réglementation suffisamment équivalente à l’étranger.
1.
Aspects institutionnels
1.1
Le cadre institutionnel général
L’Australie est une fédération et la législation fédérale (du Commonwealth) et celle des États portent sur
aspects du système de paiement et des systèmes de compensation et de règlement de titres.
1.1.1
Les institutions
En juin 1998, le Parlement du Commonwealth a adopté une loi donnant à la Banque de réserve
de l'Australie (RBA) la responsabilité explicite de la réglementation des systèmes de paiement en Australie.
Législation distincte donnant à la RBA un rôle explicite dans la réglementation de la compensation de titres
systèmes de règlement-livraison, a été promulguée en septembre 2001.
La Commission australienne de la concurrence et de la consommation (ACCC) est le
régulateur de la concurrence. L’ACCC et la RBA ont toutes deux la responsabilité de promouvoir
concurrence dans le système des paiements et ont convenu d'un protocole d'accord visant à
assurer une approche coordonnée.
La Commission australienne des valeurs mobilières et des investissements (ASIC) est chargée de
l’intégrité du marché et la protection des consommateurs dans l’ensemble du système financier, y compris en matière de paiement.
transactions. ASIC et la RBA ont des responsabilités en matière de compensation et de
3
À la fin de juin 2010, 1 dollar australien achetait 0,8523 cent américain.
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Australie
installations de règlement. Un protocole d’accord définit un cadre de coopération
entre les deux régulateurs dans ce domaine.
L’Association australienne de compensation des paiements (APCA) est une société à responsabilité limitée.
qui administre cinq flux de compensation, comprenant: les contrôles; débit et crédit électroniques en vrac
Paiements; Transactions ATM et EFTPOS; instructions de paiement électronique de grande valeur; et
l'échange d'espèces entre institutions. APCA gère également les règles associées à un
réseau électronique utilisé pour effacer les paiements de détail.
1.1.2
Législation
La loi de 1998 sur les systèmes de paiement (règlement) donne à la RBA le pouvoir de réglementer les paiements.
systèmes de paiement et les moyens de paiement achetés (tels que les cartes à valeur stockée).
Les politiques de la RBA en vertu de cette loi sont déterminées par sa Commission du système de paiement (PSB),
qui (en vertu de la Reserve Bank Act de 1959) détermine la politique du système de paiement.
La loi de 1998 sur les systèmes de paiement et de compensation permet à la RBA de protéger les transactions en cours.
systèmes qui se règlent sur une base RTGS à partir de l’application potentielle de la «règle du zéro heure».
La loi donne également une sécurité juridique aux accords de compensation multilatéraux dans les paiements.
systèmes approuvés par la RBA. L’effet de ces protections est de garantir que
Les règles du système de paiement autorisé fonctionnent selon leurs conditions, c'est-à-dire que les paiements sont finaux et
irrévocable. Un système n'a pas à s'installer en monnaie de banque centrale pour devenir un système RTGS
aux fins de cette législation.
La loi de 2001 sur les sociétés prévoit un régime de licence unique pour la «compensation et la
installations de peuplement ». En vertu de la loi, la RBA est habilitée à établir des normes de stabilité financière
pour les installations agréées de compensation et de règlement et est tenu de surveiller la conformité des installations
à ces normes et à leur obligation législative de réduire le risque systémique. ASIC est
responsable de toutes les autres obligations législatives imposées aux installations de compensation et de règlement.
La loi de 1986 sur les chèques établit le cadre dans lequel les chèques sont établis,
accepté et payé.
La loi de 2006 sur la lutte contre le blanchiment d’argent et le financement du terrorisme (LBC / FT)
Loi), qui a sensiblement remplacé la loi de 1988 sur les transactions financières,
Le système réglementaire australien a considérablement amélioré le dispositif de détection et de dissuasion du blanchiment de capitaux
et financement du terrorisme. La loi LAB / CTF établit un cadre fondé sur des principes, avec
des obligations de niveau supérieur encourageant une approche de la conformité LBC / FT basée sur les risques. le
La loi de 1987 sur les produits du crime érige en infraction le blanchiment d’argent et plusieurs
des textes de loi prévoient la confiscation des produits du crime.
Dispositions de la loi de 2010 sur la concurrence et la consommation relatives au commerce restrictif
les pratiques et la protection des consommateurs sont pertinentes pour le fonctionnement du système de paiement.4
La loi interdit les comportements tels que les accords de prix, les boycotts et la négociation exclusive avec
but ou l’effet de réduire sensiblement la concurrence. Cependant, l’ACCC peut autoriser
un tel comportement s’il estime qu’il en résultera un bénéfice public net.
1.1.3
Autre règlement
La RBA a utilisé ses pouvoirs en vertu de la loi de 1998 sur les systèmes de paiement (règlement) pour réglementer
systèmes de paiement en leur imposant des normes et des régimes d'accès.
4
dix
La loi de 2010 sur la concurrence et la consommation était auparavant connue sous le nom de loi de 1974 sur les pratiques de commerce.
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Responsabilité du développement et du maintien des règles et procédures de l’industrie pour
la compensation et le règlement dans un certain nombre de systèmes de compensation de paiements importants incombe à APCA,
un organisme de l'industrie. Ces règles et procédures ont été autorisées par l'ACCC.
1.2
Le rôle de la banque centrale
Outre ses responsabilités en matière de politique monétaire, de stabilité financière et de publication des
billets de banque, la RBA est responsable du contrôle et de la réglementation des paiements
système (voir section 1.2.1) et est habilité à établir des normes de stabilité financière pour la compensation
et les installations de règlement (voir section 1.2.2). La RBA joue également un rôle opérationnel dans le
système de paiement, y compris la possession et l’exploitation du système RTGS australien, de RITS
(voir section 3.2.1). Il offre des facilités pour le règlement final des paiements entre
institutions financières, sert de banquier au gouvernement australien et gère
Réserves de change de l’Australie (voir section 1.2.3).
1.2.1
Surveillance du système de paiement
La RBA est responsable de la surveillance du système de paiement. Un mandat explicite pour les paiements
questions relatives au système ont été apportées par un amendement à la Reserve Bank Act de 1959 en 1998.
La plupart des pouvoirs et fonctions de la RBA dans le système de paiement découlent de cette
amendement et de la loi de 1998 sur les systèmes de paiement (règlement).
Le pouvoir de déterminer et d'appliquer la politique de la RBA (autre que le système de paiement)
est confiée au conseil d’administration de la RBA, qui comprend le gouverneur à la présidence, son vice-président
Gouverneur, le secrétaire du département du Trésor et jusqu'à six autres représentants extérieurs
membres.5
La politique de la RBA en matière de système de paiement est déterminée par son système de paiement (PSB). Ce
comprend l'exercice de responsabilités en vertu de la loi de 1998 sur les systèmes de paiement (règlement)
et la loi de 1998 sur les systèmes de paiement et de compensation. La PSB est présidée par le gouverneur,
une autre personne nommée par la RBA (nommée par le président), une personne nommée par le
Autorité de réglementation prudentielle (APRA) (nommée par l’APRA) et jusqu’à cinq autres
membres (nommés par le trésorier). Tous les membres du conseil ont le même droit de vote.
Le mandat de la PSB est défini dans la Reserve Bank Act de 1959. La PSB est chargée de la
déterminer la politique du système de paiement de la RBA de manière à contribuer au mieux à contrôler
risque dans le système financier; promouvoir l'efficacité du système de paiement; et promouvoir
concurrence sur le marché des services de paiement, compatible avec la stabilité globale de la
système financier.
Alors que le BSP détermine la politique du système de paiement de la RBA, les pouvoirs nécessaires à
les politiques sont dévolues à la RBA. Ces pouvoirs sont énoncés dans trois lois distinctes, dont six
la pièce maîtresse est la loi de 1998 sur les systèmes de paiement (règlement), en vertu de laquelle la Banque peut:

«Désigner» un système de paiement particulier comme étant soumis à la réglementation de la RBA.
La désignation est simplement la première des nombreuses étapes que la Banque doit suivre pour exercer
ses pouvoirs;
5
Le secrétaire au Trésor est le plus haut fonctionnaire du département du Trésor, c'est-à-dire
gouvernement australien qui relève du trésorier australien. Les responsabilités du trésorier
au sein du gouvernement comprennent des questions relatives à la RBA. Les membres externes du conseil sont nommés par
trésorier de la communauté mais, pour éviter les conflits d’intérêts, ne peut être affiliée à aucune personne autorisée.
institutions de dépôt. Les membres du conseil ont tous le même droit de vote.
6
Loi sur la Banque de réserve, Loi sur les systèmes de paiement (règlement) et Loi sur les systèmes de paiement et compensation.
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
déterminer les règles de participation à un système de paiement, y compris les règles d'accès pour
nouveaux participants;

définir des normes de sécurité et d’efficacité pour tous les systèmes de paiement. Ceux-ci peuvent traiter
avec des problèmes tels que les exigences techniques, les procédures et les performances
points de repère; et

régler les différends dans ce système sur des questions relatives à l'accès, à la sécurité financière,
compétitivité et risque systémique, si les parties concernées le souhaitent.
La loi de 1998 sur les systèmes de paiement (règlement) donne également à la RBA des pouvoirs étendus lui permettant de
informations provenant des participants et des opérateurs du système de paiement.
The Government’s intent was that the Bank would treat these powers as “reserve powers”, to
be exercised if other means of promoting efficiency, competition and stability proved
ineffective. Accordingly, the Government built considerable flexibility into the new regulatory
regime. Under this co-regulatory approach, the private sector continues to operate its
payment systems and may enter into cooperative arrangements, which may be authorised by
the ACCC under the Competition and Consumer Act 2010. However, if the Bank believes
that there may be benefits in exercising its formal powers in a system that it oversees to
improve access, efficiency or safety, it may, as a first step, invoke its powers to designate
that system. It may then decide, in the public interest, to set an Access Regime or impose
Standards for that system. In doing so, the Bank is required to take into account the interests
of all those potentially affected, including existing operators and participants. Full public
consultation is required and the Bank’s decision-making processes are subject to judicial
review.7
The RBA also regulates holders of the stored value behind purchased payment facilities
under a common regime with APRA.
APRA supervises stored value holders if they are authorised deposit-taking institutions or
institutions that are deemed to be carrying on banking business because they offer a widely
used purchased payment facility that is redeemable in whole or in part in Australian currency.
Other stored value holders may have an exemption issued by the RBA or they may offer a
purchased payment facility, or a type of facility, to which the RBA has declared that the
Payments Systems (Regulation) Act 1998 does not apply.8
The RBA also oversees RITS. This is performed through ongoing monitoring, including of:
associated risks, market behaviour, costs, and rules and regulations. RITS is also
periodically assessed against the CPSS Core Principles for Systemically Important Payment
Systems.
1.2.2
Securities clearing and settlement oversight
The RBA is responsible for oversight of the stability of licensed clearing and settlement
facilities.9 Its powers in this area derive from the Corporations Act 2001. The RBA can set
7
This designation process differs from regimes in other countries where payment systems are designated at
inception as a means of imposing a regulatory regime and standards. The Australian approach is designed to
allow market forces to determine payments arrangements with standards only imposed where there is a clear
demonstration of market failure.
8
Classes of facilities that have been declared not to be subject to the Act include gift cards, electronic toll
devices and prepaid mobile phone accounts. Also, limited value schemes (liabilities less than AUD 10 million)
and limited participant schemes (less than 50 persons are users) are exempt.
9
Licences are granted by the Australian Government Minister responsible for the Corporations Act 2001 on
advice from ASIC.
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Financial Stability Standards for clearing and settlement facilities. Under the regulatory
framework, licensed facilities are required to comply with these Standards. Avant
determining the Standards, the RBA is required to consult with ASIC and with the clearing
and settlement facilities that will be required to comply with the Standard.
1.2.3
CLS Oversight Committee
The CLS Oversight Committee is a forum for central banks whose currencies are settled in
CLS Bank10 to coordinate and provide mutual assistance in oversight. The committee is
organised and administered by the Federal Reserve System, which has regulatory and
supervisory responsibility for CLS Bank. As CLS Bank settles transactions involving the
Australian dollar, the Reserve Bank is represented on the Committee.
1.2.4
Operational role
There are a number of aspects to the RBA’s operational role in the payments system.
The final settlement of payments between financial institutions occurs across ES Accounts
held at the RBA.11
Entities that provide third-party (ie customer) payment services or act as a CCP are eligible
for ES Accounts. Institutions supervised by APRA, and which satisfy the RBA that they can
manage their liquidity to meet their settlement obligations, are eligible for ES Accounts
without special conditions. However, the RBA may impose collateral requirements on a
transitional basis for institutions with only limited payments experience. Entities not
supervised by APRA must satisfy the RBA of their capacity to meet settlement obligations
and may be subject to special conditions.
Institutions currently holding ES Accounts are banks, special service providers for the credit
union and building society industries, CCPs and some institutions that provide payment
services to third parties but are not traditional financial institutions. Settlement of obligations
between direct participants in payments arrangements occurs through these accounts.
The RBA owns and operates Australia’s real-time gross settlement (RTGS) system, known
as the Reserve Bank Information and Transfer System (RITS).12 Access to ES Accounts is
governed by RITS contractual arrangements. RITS also provides settlement functionality for
batch settlement (ie net positions calculated by a Batch administrator) (see Section 3.2.1).
The RBA is responsible for the production and issue, reissue and cancellation of Australia’s
currency notes. However, it now plays a smaller role than formerly in the distribution
arrangements for notes and coin. Commercial banks have an increased role in note
distribution and inventory management. They own the working stocks of notes and coin and
deal directly with each other to satisfy their demands and reduce their surpluses. Celles-ci
arrangements provide an incentive for more efficient recirculation of currency.
dix
For details on CLS (Continuous Linked Settlement) please refer to the corresponding section in the
forthcoming second volume of this publication.
11
This refers to the point at which obligations between direct participants in payment arrangements are
extinguished. Provisions in the Payment Systems and Netting Act prevent transactions settled in an RTGS
system, approved under that Act, from being unwound. This protection applies to any transaction settled on
the day that a participant may fall under external administration regardless of the point of time that external
administration commences. Similar provisions under this legislation prevent net obligations (even where
settlement is yet to occur) from being unwound.
12
RITS is an RTGS system providing settlement in central bank money. Conceptually other systems may
operate on an RTGS basis through creation of interbank obligations, for example Austraclear (see
Section 4.4.2).
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The RBA also participates in the payments system as banker to a limited range of
customers. It provides specialised banking services to the Australian Government, a range of
government instrumentalities and a number of official international financial institutions and
central banks.
1.3
The role of other private and public sector bodies
1.3.1
Australian Competition and Consumer Commission (ACCC)
The ACCC is Australia’s competition regulator. It is responsible for ensuring that private
sector arrangements comply with the competition and access provisions of the Competition
and Consumer Act 2010. It may exempt the conduct of organisations and arrangements from
the competition provisions if it judges that there is a net public benefit in that conduct. It may
also accept undertakings in respect of third-party access to essential facilities and arbitrate in
negotiations over access in facilities that are declared services in terms of the Competition
and Consumer Act. Private sector arrangements in the payments system, such as APCA, are
subject to the Competition and Consumer Act.
The ACCC and the RBA both have responsibilities for promoting competition in the payments
system and have agreed a Memorandum of Understanding to ensure a coordinated policy
approche.
1.3.2
Australian Securities and Investments Commission (ASIC)
ASIC was established on 1 July 1998. It has responsibility for market integrity and consumer
protection across the financial system, including payment transactions. It administers the
Corporations Act 2001 and regulates Australian corporations, financial markets, clearing and
settlement facilities (in conjunction with the RBA – see Section 1.2.2) and financial service
providers. The functions of ASIC include the oversight of financial market and clearing and
settlement facility licensees, licensing of financial service providers (securities dealers and
advisers), registration of auditors and liquidators, and investigating and enforcing corporate
and securities law. A Memorandum of Understanding sets out a framework for cooperation
between ASIC and the RBA.
1.3.3
Australian Prudential Regulation Authority (APRA)
APRA was established on 1 July 1998. It is the prudential regulator of the Australian financial
services industry. It oversees banks, credit unions, building societies, general insurance and
reinsurance companies, life insurance, friendly societies and most members of the
superannuation industry.
APRA operates under the Australian Prudential Regulation Authority Act 1998 and its powers
derive from the Banking Act 1959, the Insurance Act 1973, the Life Insurance Act 1995 and
the Superannuation Industry (Supervision) Act 1993. The power to determine and carry out
the policy of APRA is vested in its senior management (known as Members), who are
appointed by the Government.
All authorised deposit-taking institutions (ADIs) (which include banks, building societies and
credit unions) are supervised by APRA under one licensing regime and are covered by the
same depositor protection provisions. If an ADI is, or is likely to be, unable to meet its
obligations, APRA may assume control and carry on its business, or appoint an
administrator, until its deposits are repaid or APRA is satisfied that suitable provision has
been made for their repayment. If APRA believes that the institution will be unable to meet its
obligations within a reasonable time period, it has the power to wind it up and distribute its
assets, with depositors having first claim. The Banking Act 1959 provides that the Australian
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assets of an ADI shall be available to meet deposit liabilities in Australia in priority to all other
claims, conferring a depositor repayment preference in the event of liquidation.13
APRA and the RBA have agreed a Memorandum of Understanding. APRA has a
representative on the Payments System Board.
1.3.4
Australian Transaction Reports and Analysis Centre (AUSTRAC)
AUSTRAC is Australia’s anti-money laundering and counter-terrorism financing (AML/CTF)
regulator and specialist financial intelligence unit (FIU). In its regulatory role, AUSTRAC
oversees compliance with the reporting requirements of the Anti-Money Laundering and
Counter-Terrorism Financing Act 2006 by a wide range of financial services providers, the
gambling industry and other specified reporting entities and “cash dealers”.14 In its
intelligence role, AUSTRAC provides financial transaction reports to Commonwealth, State
and Territory law enforcement, security, social justice and revenue agencies, as well as
certain international counterparts. AUSTRAC assists its partner agencies in the investigation
and prosecution of criminal and terrorist enterprises in Australia and overseas.
1.3.5
Council of Financial Regulators
The Council of Financial Regulators is a non-statutory body chaired by the RBA and
comprising the head and one other representative of the RBA, APRA, ASIC and the
Commonwealth Treasury. Its role is to contribute to the efficiency and effectiveness of
regulation by providing a high-level forum for cooperation and collaboration among its
members. The Council is not a regulator in its own right.
1.3.6
Australian Payments Clearing Association (APCA)
APCA was established in 1992 to coordinate and manage development of industry policies
and rules for a number of payments clearing arrangements.15 APCA is a limited liability
company, with a board of directors drawn from its shareholders, who are participants in its
various clearing arrangements. Shareholders are the RBA, banks and the building society
and credit union industry bodies. The costs of running APCA are met by members broadly in
proportion to their importance in the payments arrangements, measured in terms of the
volume of transactions cleared in each clearing stream. Other interested groups or
individuals may join as associate members.
APCA manages five clearing streams whose rules have been authorised by the ACCC:

the Australian Paper Clearing System (APCS) for cheques and other paper-based
payment instructions;

the Bulk Electronic Clearing System (BECS) for bulk electronic debit and credit
payment instructions;

the Consumer Electronic Clearing System (CECS) for ATM and EFTPOS payment
instructions;
13
APRA also administers the Financial Claims Scheme, under which, in the event of an insolvency of an ADI,
protection is given to the first AUD 1 million per depositor. The Financial Claims Scheme is the Australian
Government’s deposit protection initiative enacted in October 2008 in response to the global financial crisis.
14
As defined by the Financial Transactions Reports Act 1988.
15
These contractual arrangements include system rules specifying participation requirements, message
standards for bilateral file exchange and other bilateral payments instructions, minimum standards for
participant operational reliability, procedures for calculating net obligations, time and manner of settlement,
dispute resolution and procedures for handling a participant default.
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
the High Value Clearing System (HVCS) for high-value electronic payment
instructions; et

the Australian Cash Distribution and Exchange System (ACDES) for the exchange
of cash between institutions.
APCA also manages the rules associated with the Community of Interest Network (COIN)
(see Section 3.3.3.7) used for the electronic clearing of APCS, BECS and CECS payments.
Each clearing stream is managed by a Management Committee drawn from the participants –
typically banks, building societies and credit unions. The RBA is a member of some of these
committees, namely those where it is a substantial player in the particular clearing
arrangement. In addition, Advisory Councils and Stakeholder Forums have been established
to provide organisations that are indirectly associated with payments clearing with an avenue
of input to Management Committees. The RBA and APCA have agreed to a set of liaison
procedures to ensure cooperation in payment systems oversight.
1.3.7
EFTPOS Payments Australia Limited (EPAL)
EPAL was established in April 2009 to manage and promote the EFTPOS (proprietary debit)
système. EPAL is wholly owned and funded by its members, which are the major participants
in the EFTPOS system.
Decisions in relation to EFTPOS membership, participation, compliance, processing and the
implementation of wholesale fees are made by EPAL.
EPAL scheme rules and the technical operational and security rules are approved by the
Board of EPAL, with major amendments also requiring a special resolution of the members.
The Board has eight industry-appointed directors, including representatives of both large and
small financial institutions and large merchants, plus three independent directors drawn from
a variety of private sector backgrounds and a managing director.
1.3.8
Financial Ombudsman Service (FOS)
FOS is a free, independent dispute resolution scheme funded by participating providers of
financial services.
The FOS facilitates resolution of disputes between customers (both individuals and small
businesses) and service providers, including those relating to the payments system. le
FOS may consider disputes where an individual claimant is claiming damages of up to
AUD 280 000 and the service provider is unable to resolve the dispute through its internal
dispute resolution procedures. The FOS has the power to make recommendations and
awards that are binding on the service provider but not on the complainant, who retains the
right to take legal action if he or she does not accept the ruling of the FOS.
1.3.9
Financial Sector Advisory Council
The Financial Sector Advisory Council provides advice to Australia’s Treasurer on financial
sector developments and policies. Its members are drawn mainly from the private sector.
2
Payment media used by non-banks
There are a wide range of media by which payments are made in Australia. Cash continues
to be a popular form of payment for low-value transactions. Australia has well established
debit and credit card networks that have become the main means, other than cash, by which
Australian consumers make payments. Cheque use is in decline, but remains common for
business payments. Reliance on cheques has been reduced by growth in the use of debit
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and credit cards, and electronic credit and debit transfers (at the retail level), and by RTGS
(for wholesale payments). Credit transfers and direct debits are also used widely by
governments and businesses. The vast majority (by number) of payments in Australia are for
low-value transactions; however, these make up only a small percentage of the value of
transactions. Like most other countries, Australia has experienced a move away from overthe-counter and paper-based transactions towards electronic payments.
2.1
Cash payments
Currency continues to be a convenient and popular form of payment for everyday, low-value
transactions. A consumer study undertaken by the RBA in 2007 indicated that, at that time,
around 70% of the number of consumer payments, and 38% of the value, were undertaken
using cash. Cash was particularly important for small transactions, accounting for nearly all
payments under AUD 10 and close to 90% of transactions under AUD 25. The ratio of
currency to GDP is relatively steady at around 4%.
Coin is produced by the Royal Australian Mint in 5 cent, 10 cent, 20 cent, 50 cent, AUD 1
and AUD 2 denominations and is issued to meet demand as forecast by financial institutions.
The RBA issues Australian currency notes based on its forecasts of demand. Currency notes
are printed by Note Printing Australia Ltd, a wholly owned subsidiary of the RBA. Notes are
issued in denominations of AUD 5, AUD 10, AUD 20, AUD 50 and AUD 100. All notes are
printed on polymer substrate and incorporate a number of security features that make them
highly resistant to counterfeiting.
2.2
Non-cash payments
2.2.1
Cheques and other paper-based instruments
Cheque use has been rapidly declining in recent years. In 2009/10 (ie year ended June
2010), cheques accounted for less than 12% of the value and 5% of the number of non-cash
payments, down from around 17% and 11% respectively in 2004/05. The Cheques Act 1986
allows cheques to be drawn on authorised deposit-taking institutions (ie banks, building
societies, credit unions and special service providers). Many smaller financial institutions
provide cheque issuance facilities to their customers through arrangements with a bank.
Cheques are not commonly used for payments at the point of sale in Australia. Elles sont
used more frequently for bill payments and for business-to-business payments.
Banks also use warrants, which are irrevocable paper-based payment instruments, for some
transactions between themselves. Warrants are limited, by industry agreement, to values of
less than AUD 500 000.
2.2.2
Electronic credit transfers and direct debits
Electronic credit transfers and direct debits are long-established forms of making payments
in Australia. Most of these transactions are made using the framework set by the rules of the
Bulk Electronic Clearing System (BECS) but credit transfers are also made through a
separate bank-owned system, BPAY.
BECS credit transfers and direct debits are generally initiated from files containing batches of
payment instructions compiled by paying or payee institutions or their agents and passed on
to their sponsoring financial institutions. BECS is used widely, especially by government
departments and companies, for regular payments such as social security benefits, salary
and dividend payments and payment of bills.
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BPAY is a bill payment system where transfers are mainly initiated by customers, both
individuals and businesses, using the telephone or internet. BPAY aggregates the
instructions into files for transfers between participating institutions.
In BECS, electronic files of payment instructions are exchanged bilaterally, whereas BPAY
payment instructions, as for credit transfers in many countries, are processed through a
central automated clearing house. Sections 3.3.4 and 3.3.5 describe arrangements for
clearing and settlement of BECS and BPAY transfers.
In 2009/10, more than 1.7 billion credit transfers were made, with a value of AUD 6 422 billion.
They represented about 27% of the number and 49% of the value of retail non-cash
Paiements. This compares with 1.2 billion credit transfers in 2004/05, worth AUD 4 580 billion.
BECS credits were 84% of the transfers by value in 2009/10 while the remaining 16% were
BPAY transfers.
A large number of BECS credits are made by government departments, and these include
unemployment and other welfare payments. The RBA’s Government Direct Entry Service
performs these transfers through BECS. The service uses high-speed data links to gather
payments data from government agencies which, after amalgamation, verification and
sorting, are distributed electronically to relevant financial institutions. Around 275 million
transactions were processed in 2009/10, up from around 265 million transactions in 2004/05.
Direct debits across BECS mostly originate from billers, such as insurance and utilities
companies when collecting regular payments, or from financial institutions when collecting
loan repayments. Some large enterprises also use direct debits to collect payments from
their commercial clients and such payments may be for large amounts. Under these debit
arrangements, payers give financial institutions authority to debit their accounts at the
initiative of nominated payees.
There were about 665 million direct debits in 2009/10 (474 million in 2004/05), with a value of
around AUD 4 970 billion (AUD 3 323 billion in 2004/05). This represented about 11% of the
number and 38% of the value of retail non-cash payments.
2.2.3
Payment cards
The use of payment cards continues to grow steadily in Australia.
Debit cards allow access to deposit funds in customers’ accounts. In Australia, banks, credit
unions and building societies are the main issuers of debit cards, which can be used in
ATMs, and EFTPOS terminals. At the end of June 2010, there were 42.6 million Australianissued debit cards which could be used to access more than 33 million deposit accounts.
Debit cards were used to make 830 million ATM withdrawals in 2009/10, up from 775 million
in 2004/05; and 2 123 million purchase or point of sale cash-out transactions, up from
1 147 million transactions in 2004/05. Combined, these transactions totalled AUD 292 billion
in 2009/10 and AUD 209 billion in 2004/05.
There are two main types of debit cards issued in Australia: those issued for access to the
proprietary domestic Australian EFTPOS system, and those issued as international scheme
cards. In Australia, EFTPOS system cards require Personal Identification Number (PIN)
authorisation to initiate electronic transactions. Transactions are debited from customers’
accounts in real time. Payment to the merchant is guaranteed by the acquiring bank for
authorised transactions. Many merchants also offer a cash-out facility to cardholders making
purchases. Terminals operate whenever the merchant is open; for some merchants, such as
petrol stations, this is 24 hours a day, seven days a week. Many EFTPOS terminals are
integrated with retailer cash registers. There were 712 434 EFTPOS terminals in Australia in
June 2010, up from 518 532 terminals in June 2005.
Proprietary debit cards are issued by most sizeable retail financial institutions in Australia,
and all these cards are accepted at all merchants that have EFTPOS terminals. le
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proprietary debit cards under the EFTPOS brand cannot be used in situations where the card
is not present at the merchant, such as payments over the telephone and internet. They also
cannot be used outside Australia without prior arrangements with an international scheme.
Debit cards issued under the MasterCard and Visa brands are authorised with a signature or
PIN (the latter method is replacing the former over time) at the point of sale and can be used
over the telephone, internet and internationally. In Australia, EFTPOS system cards are the
dominant type of debit card, although issuance of international scheme branded debit cards
is growing. Most MasterCard and Visa branded debit cards are multifunction cards providing
access to both the EFTPOS system and the international scheme.
The RBA undertook reforms to the EFTPOS system for proprietary debit cards and the debit
card system operated by Visa in September 2006. MasterCard provided a voluntary
undertaking to comply with the Visa Debit Standards. These reforms capped the level of
scheme debit interchange fees; set a cap and floor to bilateral EFTPOS system interchange
fees; removed the requirement that merchants accepting scheme credit cards also accept
scheme debit cards; allowed merchants to surcharge customers using scheme debit cards
for payment; and liberalised access arrangements for the EFTPOS system, in conjunction
with an EFTPOS Access Code developed by APCA. From January 2010, the RBA
established a separate cap for multilateral EFTPOS interchange fees.
Credit cards are issued mainly by banks. The most common brands are MasterCard and
Visa. Four banks also issue American Express credit cards, as does American Express itself.
Australia’s original national credit card scheme was a local brand, Bankcard, introduced in
1975. After experiencing many years of declining market share, it closed in the first half of
2007.
Credit cards provide prearranged revolving credit, up to a specified limit. Payments for goods
and services and withdrawals of cash are made against the line of credit. About 330 different
types of cards are available from over 70 issuers. The features on offer may include: an
interest-free period of up to 55 days; an annual fee (ranging from around AUD 24 to
AUD 1 200 per annum); and a loyalty scheme. In recent years a number of new credit card
products have been offered, including low interest rate cards and complementary American
Express cards with existing MasterCard/Visa accounts.
At the end of June 2010, there were 20.5 million Australian-issued credit and charge cards
which could be used to access 14.6 million credit and charge card accounts, compared to
15.6 million cards and just under 12 million accounts in June 2005. During 2009/10, credit
and charge cards were used to make 29 million cash withdrawals (total value AUD 11 billion)
and 1 530 million non-cash transactions, with a value of around AUD 222 billion. L'utilisation de
credit cards for cash withdrawals has declined in recent years, with 37 million cash
withdrawals and 1 169 million non-cash transactions, worth around AUD 153 billion, made in
2004/05.
The RBA introduced reforms to the credit card schemes beginning in August 2002. These
reforms set standards that cap the level of interchange fees, allow merchants to surcharge
customers using credit cards for payment and liberalise access arrangements for credit card
schemes. Survey data show that surcharging by merchants has grown strongly in recent
years; in June 2010 26% of surveyed merchants imposed a surcharge on at least one of the
credit cards they accepted.16
16
East & Partners (2010) Australian Merchant Acquiring & Cards Markets: Special question placement report
prepared for the Reserve Bank of Australia, June.
CPSS – Red Book – 2011
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Charge and retailer cards17 allow payment to be deferred from the date of purchase until the
account due date; some provide revolving credit. In some instances, the card may be linked
to a separate line of credit through an account with a financial institution. Dans les années récentes,
some of the major offerings have been replaced by co-branded cards from the international
schemes.
Prepaid cards have a small but growing presence in the Australian payments market. Ils
take a variety of forms: reloadable or not reloadable; linked to an account in the name of the
cardholder or non-specific account; limited to use at a single merchant (or defined group of
merchants) or able to be used widely. Some vendors also market reloadable cards as an
alternative to traveller’s cheques, debit cards and credit cards when travelling overseas, and
may sell cards denominated in foreign currencies. Prepaid cards with wide acceptance are
currently issued by authorised deposit-taking institutions under the auspices of one of the
international card schemes.
2.2.4
Les guichets automatiques
Automated teller machines (ATMs) were introduced on a wide scale in 1981. Financial
institutions and independent deployers developed their own ATM networks. While they
remained owned and controlled by individual institutions and sometimes groupings of
institutions, over time mutual access arrangements were developed. By 2001 all the
individual networks allowed access to all cardholders throughout Australia. ATMs allow cash
withdrawals and account balance enquiries; some also provide facilities for deposits,
transfers between accounts and ordering of cheque books and statements. There are no
general legal restrictions on the location or number of machines, other than some location
restrictions in casino or poker machine gaming areas in some states. Operators have agreed
to meet standards established by Standards Australia covering design and placement. Plus
are capable of operating 24 hours a day but in many locations access is only available during
business hours. ATM transactions can be initiated by debit cards and certain credit, prepaid
and charge cards and are authorised using a PIN. In June 2010, there were 28 764 ATMs
across Australia with about 53% owned by financial institutions and the remainder by
independent deployers. By comparison, in June 2005 there were 23 472 ATMs in Australia.
The RBA has introduced reforms to the ATM system. These reforms set a cap on the
connection cost that can be charged to new entrants to the system and prohibit the charging
of interchange fees except in specific circumstances. In conjunction with complementary
industry-based actions, the reforms have resulted in significant changes to the way ATM
transactions are charged, with customers now charged directly for withdrawals and balance
enquiries by the ATM owner while “foreign” fees – charged by the customer’s own institution
when using a card in another institution’s ATM – have been eliminated.
2.2.5
Third-party bill payments
The main providers of third-party bill payment services are Australia Post, the national postal
service, and BPAY, a bank-owned service company (see Section 3.3.5).
Australia Post provides bill payment services for around 1 000 billers. Payments can be
made by telephone, the internet or over the counter at Australia Post outlets, although not all
billers accept payment using all three of these options. Over-the-counter payments can be
made using cheques, cash, and debit and credit cards. Australia Post processes bill
payments into billers’ nominated bank accounts.
17
20
Also called travel and entertainment, store and private label cards.
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BPAY facilitates bill payments by allowing customers of participating financial institutions to
arrange for the transfer of funds from their deposit or credit card account using phone
banking or internet banking services. Over 87% of BPAY transactions are now initiated via
the internet. There are more than 18 000 billers and over 160 financial institutions
participating in BPAY. BPAY also offers an electronic bill presentment service called BPAY
View.
2.3
Recent developments
2.3.1
Payment patterns
Recent years have seen a continuation of the trend towards electronic payments that has
been evident for the past two decades or so (Graph 1). The number of cheques written in
2009 was less than half that in 2000. While comprehensive data on the use of cash are not
available, the value of cash withdrawn over the counter at branches of financial institutions,
through ATMs and by cash-outs on credit and debit cards has generally grown more slowly
than the value of consumption over recent years. In contrast, the value and number of credit
and debit card, BPAY and direct entry transactions have all grown considerably faster than
consumption.
Graph 1
Non-cash payments per capita1
Per year
Non
Non
80
Debit cards
60
80
60
Cheques
Direct credits
40
40
Direct debits
Cartes de crédit
20
20
BPAY
0
1994
1997
2000
2003
2006
0
2009
1
Apart from BPAY, data from 2002 onwards are based on
the RBA’s Retail Payments Statistics. Data for earlier years
come from APCA and the RBA, and have been adjusted
for differences between these sources and the Retail
Payments Statistics.
Sources: ABS; APCA; BPAY; RBA.
Over the past few years, both the value and number of debit card transactions have grown
more quickly than those for credit cards (Graph 2). This is a reversal of the pattern seen from
the late 1990s, when growth in credit card spending was particularly rapid. Bien que le
number of debit card transactions is greater than the number of credit card transactions, total
spending on credit cards remains significantly higher, reflecting the larger average size of
credit card transactions.
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Graph 2
Number of card payments1
Year-on-year growth
%
%
30
30
Crédit
20
20
dix
dix
Débit
0
1998
2001
2004
2007
2010
0
1
RBA credit card data prior to March 2008 adjusted to
remove BPAY transactions.
Sources: BPAY; RBA.
According to 2010 survey data from Roy Morgan Research, a market research company,
around 94% of adults hold a debit card of some sort, compared with 47% who hold a credit
or charge card.
The combined market share of the MasterCard and Visa schemes was 85% of the value of
credit and charge card transactions in 2009. Market shares have generally been relatively
stable, with the exception of periods in 2004 and 2009 when major banks began issuing
American Express credit cards.
2.3.2
Payment products
Over recent years, there have been a number of new card products offered to consumers.
Ceux-ci inclus:

the introduction of prepaid cards by the major credit card schemes. These cards
take a variety of forms; for example, gift cards can be used at almost any merchant
that accepts MasterCard or Visa credit cards, but are typically non-reloadable and
allow purchases only. In contrast, general-purpose prepaid cards may be reloadable
and allow cash withdrawals at ATMs. Prepaid travel cards may also be denominated
in foreign currencies, with some cards allowing multiple currencies to be loaded; et

a proliferation of new credit card types, including premium and super-premium cards
that attract significantly higher interchange fees. At the same time, there has been
much greater variation in the card features offered to customers, including low
interest rate cards and new structures for rewards cards. Some issuers provide
complementary American Express cards with existing MasterCard/Visa credit
accounts, while merchant co-branded cards have also emerged.
22
CPSS – Red Book – 2011
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2.3.3
E-money
Several internet payment systems have also begun operations over recent years, including
PayPal, which holds member accounts for online transactions, funded by either a direct debit
from a deposit account with a financial institution or by a credit or scheme debit card
payment. PayPal is an authorised deposit-taking institution in Australia. Other online
payment systems include PayMate, which does not hold customer accounts but funds
transactions with a credit or scheme debit card payment, and Payclick, which provides micro
payments from a prepaid account.
3
Payment systems (funds transfer systems)
3.1
General overview
Retail payments clearing systems account for 99% of the number of non-cash transactions in
Australia although only about 20% of the value. The Australian Payments Clearing Association
(APCA) administers: the Australian Paper Clearing System (APCS) for cheques and other
paper instruments; the Bulk Electronic Clearing System (BECS) for credit transfers and direct
debits; and the Consumer Electronic Clearing System (CECS) for ATMs and EFTPOS
Paiements. There are separate clearing arrangements for the four party credit and debit card
schemes (Visa, MasterCard) operating in Australia, and for BPAY.
Settlement of obligations arising from the clearing of instruments in each of these systems is
on a deferred net basis with batch settlement completed in RITS each morning at 9 am
across ES Accounts at the RBA.
The RTGS system operated by the RBA settles payments arising from a range of sources.
There were around 32 000 transactions each day in 2010, which accounted for about 80% of
the value of non-cash payments. These payments arose from foreign exchange settlements
using correspondent banks, payments relating to settlement of foreign exchange transactions
through CLS Bank, the cash leg of securities markets trading, and large-value customer
related payments.18
The institutions that participate in the RTGS system are members of RITS (see
Section 3.2.1). They participate under RITS contractual agreements with the RBA. RITS
accepts proprietary payments instructions as well as payments instructions from two feeder
systems: Austraclear and the closed user group administered by APCA under the High Value
Clearing System (HVCS) arrangements (see Section 3.2.2).
There is also a cash distribution system, the Australian Cash Distribution and Exchange
System (ACDES), which operates under rules and procedures administered by APCA (see
Section 3.3.6).
3.2
Large-value payments systems
3.2.1
Reserve Bank Information and Transfer System (RITS)
Australia’s RTGS system is RITS.
18
Including transactions conducted by the RBA in the implementation of monetary policy.
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3.2.1.1 Institutional framework
The RITS Regulations and Conditions of Operation (RITS Regulations) provide the legal
structure for RITS. The RITS Regulations set out the rules for the operation of RITS and the
rights and obligations of participants and the RBA. The legal basis of RITS is established by
contract, and standard agreements are executed to bind each party to the RITS Regulations.
RITS is owned and operated by the RBA. The RBA is also responsible for the oversight of
RITS. The governance structure of the RBA ensures there is a clear delineation between
departments concerned with oversight and those responsible for day-to-day operations,
customer relations and the development of RITS, including separate reporting lines. le
governance of RITS is accountable and transparent to participants and other relevant parties.
Information about RITS and its governance structure is published on the RBA’s website and
users and other parties are consulted in relation to prospective changes to RITS.
The RBA conducts its oversight of RITS through ongoing monitoring, including of associated
risks, market behaviour, costs, and rules and regulations. RITS is continually monitored
against the Core Principles for Systemically Important Payment Systems. The Bank
periodically publishes an updated assessment.
3.2.1.2 Participation
Membership of RITS is available upon application to the RBA. Membership is mandatory for
all ES Account holders. Eligibility criteria for ES Accounts are established by the Payments
System Board and published online. These criteria are designed to enhance competition in
the provision of payment services by allowing all domestic providers of third-party payment
services access, irrespective of their institutional status.19
Australian-authorised banks are required to hold an ES Account for the settlement of their
high-value transactions through RITS. However, ES Account holders whose total payments
in RITS account for less than 0.25% of the total value of RTGS payments may apply to the
RBA to settle their payments through an agent.20 Nevertheless, ES Account holders using an
agent are required to have an ES Account set up in RITS for contingency purposes.
In addition to ES Account holders, some non-bank members of RITS participate as nontransaction members (ie they do not make or receive RTGS payments directly). This arises
from a requirement that eligible counterparties for the RBA’s Open Market Operations must
be RITS members, notwithstanding that settlement may occur through an agent.
As at end-2010, there were 93 RITS members, 71 of which held ES Accounts (56 banks and
15 other institutions) with the remaining 22 participating as non-transaction members.
3.2.1.3 Types of transactions
Payments instructions settled through RITS can be submitted either through the RITS
proprietary network or via two external feeder systems: the HVCS, which is a SWIFT closed
user group administered by APCA, or Austraclear, which is a securities settlement system
19
The Reserve Bank does not permit ES Account holders to outsource the operation of their accounts, ie the ability
to make or receive payments instructions cannot be outsourced. Furthermore, the Reserve Bank requires that
ES Account holders maintain operational staff throughout RITS operating hours that may be immediately
contactable by the Bank in the event of a contingency. In practice, this requires a domestic presence.
20
This represents a relaxation of an earlier policy in recognition of the fact that a number of new bank entrants
did not have sufficient potential scale to justify establishing the necessary back office systems and staff to
operate an ES Account. The original policy was designed to prevent accrual of obligations between banks that
can arise from indirect participation. The setting of 0.25% represents a trade-off between these two factors. Dans
practice, most eligible banks have not migrated to agency arrangements.
24
CPSS – Red Book – 2011
Australie
operated by the Australian Securities Exchange (ASX). In addition, RITS provides
(non-RTGS) settlement functionality for the simultaneous debit and credit of obligations
arising from low-value netting arrangements (ie retail transactions for which obligations are
calculated on a multilateral net basis so that the sum of all positions is zero). These net
positions are entered for settlement either outside RTGS open hours (at a 9 am window for
APCA systems; see Section 3.2.1.4) or within the RTGS day, following submission of a
Batch by a Batch Administrator, at a time that RITS identifies that all participant obligations
can be simultaneously met from credit funds.
Figure 1
Access to RITS
HVCS
Austraclear
RITS
FX and Customer payments
Debt Securities
Cash Transfers
RITS
RITS Queue
Settlement Accounts
RTGS
Net Batch Settlements
Retail Payments
CHESS
Cheques, Direct entry,
Cards
Titres de participation
Electronic Property
Settlement
Immobilier
There are three main categories of RTGS payment transactions settled across ES Accounts:

The cash leg of wholesale debt securities settlements (and some money market
cash transactions) undertaken in Austraclear (see Section 4.4.2).

The Australian dollar leg of foreign exchange transactions, either AUD flows arising
from CLS or correspondent bank settlements and other large-value SWIFT
transactions. These are made through the HVCS (see Section 3.2.2). The HVCS is
also termed the SWIFT Payment Delivery System (PDS).

Interbank payments instructions (known as “cash transfers”), including interbank
money market transactions. These are entered directly into RITS as “proprietary”
RITS instructions.21
21
There are no prescriptive requirements for particular types of RTGS transactions to be submitted to RITS by
any particular channel, nor are retail or other types of payments prohibited. However, delivery-versus-payment
settlement of securities occurs through Austraclear, CLS is a member of the HVCS for the purpose of making
and receiving payments and RITS proprietary transactions do not provide for customer identifiers (ie RITS
CPSS – Red Book – 2011
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RITS settles batches of interbank obligations that arise from a number of low value
exchanges of payments. Participant obligations that arise from customer retail payments
(cheque, cards and direct entry) are settled on a deferred multilateral net basis in RITS at
9 am each business day. Interbank obligations from the cash side of equities transactions
are also settled through RITS on a multilateral net basis: equities transactions are processed
through the ASX’s Clearing House Electronic Subregister System (CHESS) (see Section 4.1)
and submitted to RITS for settlement in the CHESS batch at around midday each day.
Additionally, RITS provides functionality for batch settlement of real estate transactions for
which net settlement amounts are entered through Austraclear. This facility has not been
widely used yet.
3.2.1.4 Operation of the system and settlement procedures
Within RITS, transactions settle in central bank money over ES Accounts, which must be
maintained in credit at all times. Non-transaction RITS members do not have ES Accounts
and must settle any payments through an agent.
The technical requirements for participation in RITS are set out in the RITS Regulations.
Participants access RITS either by the Austraclear National Network Infrastructure (ANNI,
Austraclear’s proprietary network) or through the internet. Access via the internet and ANNI
is encrypted end-to-end using the SSL protocol, with unique logins and digital certificates
(stored on hardware tokens) using a secure process.
RITS operating hours for settlement are 7.30 am to 6.30 pm each business day Australian
Eastern Standard Time and from 7.30 am to 8.30 pm during Australian Eastern Daylight
Time (the first Sunday in October to the first Sunday in April). Prior to 8.45 am, settlement is
limited to RITS cash transfers and interbank Austraclear transactions. This enables ES
Account holders to fund debit positions in the 9 am batch and their subsequent daily RTGS
payment obligations. RTGS settlement temporarily ceases at 8.45 am to allow the 9 am
batch to run. The Daily Settlement session begins at 9.15 am, with RTGS settlement
recommencing. At 4.30 pm, the main day session ends and there is a 45 minute settlement
close session in order to enable the settlement of remaining queued transactions. After this,
there is an evening settlement session, designed to facilitate CLS Bank settlement, in which
“evening agreed” settlement participants continue sending and receiving SWIFT
instructions.22 The RBA retains discretion to vary the operating hours of RITS.
RITS is designed to be liquidity efficient and intraday liquidity is available through an intraday
repurchase agreement facility provided by the RBA (see Section 3.2.1.5). RITS incorporates
a central queue and offset functionality. Prior to settlement, RTGS transactions are entered
into RITS where they proceed to the RTGS queue. Transactions are tested for settlement by
RITS to ensure that the paying participant member has sufficient funds in its ES Account to
cover the payment. Transactions that pass all tests are settled, while those unable to be
settled at that time remain on the queue. The next transaction on the queue is then tested for
settlement in a “next down looping” process. The “settle or leave” process allows
transactions to be settled in any order and provides for very efficient use of liquidity.
proprietary transactions result in debits and credits to participant ES Accounts only). The money market in this
context is an over-the-counter mechanism by which ES Account holders with surplus liquidity (noting that ES
Accounts attract a below market interest rate) lend to ES Account holders with a potential deficit of liquidity.
Proprietary and customer transactions drive changes to projected end-of-day balances that influence the
distribution of system liquidity and the money market.
22
26
All Australian CLS settlement members need to participate in the evening session. Other banks make a
decision to participate or not based on their business requirements. For banks that are not “evening agreed”,
the SWIFT day finishes at the end of the settlement close session at 5.15 pm.
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Redistribution of liquidity is also facilitated by a gridlock-preventing feature known as “Autooffset”. When a payment from a member has been unsettled on the queue for one minute or
more, RITS automatically searches the RTGS queue for offsetting payments from the
receiving member. If these offsetting payments can be settled simultaneously, leaving both
parties in credit, RITS will do so automatically (the gross amounts of all payments are posted
to the relevant accounts at the same time). Targeted Bilateral Offset functionality also allows
two RITS members to select transactions for offset against each other, thus assisting in client
credit management at the same time as enhancing the efficient use of system liquidity.
RITS also utilises a “sub-limit” feature enabling participants to determine how a payment
draws on liquidity. Participants may mark the status of payments submitted to RITS as either
“priority”, “active” or “deferred”. The sub-limit reserves liquidity for the settlement of priority
payments – these payments marked are tested against the full balance of the participant’s
ES Account. Payments with a status of active are only tested against balances above the
sub-limits, while deferred payments are not tested for settlement until their status is revised,
which can be done at any time prior to settlement.
Participants can monitor and manage all outgoing payments in real time, and can monitor
incoming payments that are active on the queue.
At the end of a session, transactions that are no longer eligible for settlement, either due to
insufficient funds or being marked as deferred, are removed from the queue (with notification
sent to the paying participant) and may be resubmitted in a subsequent session. A transaction
may be withdrawn while it is in the RITS queue, prior to it being successfully settled.
Upon successful settlement testing and simultaneous debiting and crediting of ES Accounts,
a transaction is final and irrevocable. This finality and irrevocability is supported by RBA
approval of RITS under the Payment Systems and Netting Act 1998, which provides legal
certainty for settlement in RITS in the face of participant insolvency.
3.2.1.5 Risk management
As RITS is an RTGS system, participants are not exposed to credit risk: since customer
accounts are not updated before interbank settlement is completed (with finality), there is no
opportunity for a build-up of credit exposures between participants.
To minimise liquidity risk, RITS provides liquidity optimisation features (see Section 3.2.1.4)
and access to central bank intraday liquidity through the use of repurchase agreements
(repos).
The intraday repurchase agreement facility provided by the RBA enables participants to
convert a range of highly rated debt securities (as determined by the RBA) into liquidity by
means of an interest-free repurchase transaction (with an initial margin of over cover), with
an agreement to reverse the transaction by the end of the day. These arrangements
minimise the risk of credit exposure. In the event that a participant is unable to reverse an
intraday repo with the RBA by the end of the day, the transaction can be converted to an
overnight repo, with interest charged at 25 basis points above the target cash rate.
Participants have access to a range of information to manage their liquidity risk through the
RITS interface. In particular, participants are able to view, in real time, their ES Account
balances, settled payments and receipts, queued inward and outward transactions, the value
of first and second leg intraday repos, and their projected end of day ES Account balances.
To manage operational risk, the RBA monitors RITS in real time for any problems at either
the system or participant level, and the industry has detailed plans and procedures in place
for dealing with contingencies. These are coordinated by the RBA and set out the industry
response in circumstances where RITS, the SWIFT PDS or Austraclear are unavailable.
They also cover circumstances where an individual participant is unable to send and receive
Paiements. These plans and procedures are tested regularly. Participants also have internal
procedures to deal with contingencies, with many able to switch to secondary connections to
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RITS. The RBA maintains a live backup RITS facility at a remote site. The backup site is
permanently staffed and both the primary and backup sites feature dual redundancy
architecture.
3.2.1.6 Pricing
RITS pricing is designed to recover the operational costs that the RBA incurs in the course of
running RITS.
Participants are charged a fee of AUD 0.88 for each debit and credit to their ES Account
through RITS and AUD 2.95 for each side of a cash transfer (with 10% goods and services
tax applicable to both); these fees do not vary according to the time of day. The RITS fee
structure is reviewed regularly, when consideration is given to both the level and range of
fees. There are currently no fixed fees such as annual or entry fees imposed by RITS.
Even so, participants incur joining and annual fees for access to RITS through Austraclear’s
proprietary network as well as transaction fees for the settlement of securities (payable to
Austraclear). Additional membership and transaction fees are incurred for transactions
submitted through the SWIFT PDS (HVCS).
3.2.1.7 Major ongoing and future projects
Work is under way to provide more timely settlement of low-value retail payments, currently
settled on a next day deferred basis. Community networks (instead of bilateral links) will be
used to exchange clearing files and simultaneously send associated settlement instructions
to RITS. Participants will have the option to settle these low-value clearing obligations on a
bilateral (or individual) basis or as part of a multilateral group settlement. This is expected to
bring risk reduction and efficiency benefits for the RITS system and its participants, and
support further innovation in the payments industry.
This work comprises three main parts:

Establishment of RITS network connectivity with members utilising Community of
Interest Network (COIN) infrastructure (see Section 3.3.3.7). This work has been
completed;

Provision of a Low Value Clearing Service (LVCS) to facilitate interconnectivity
between COIN and SWIFT networks so that RITS members can exchange clearing
files across their preferred network rather than having to use both COIN and SWIFT
infrastructure. The LVCS became operational in June 2010; et

Provision of a Low Value Settlement Service (LVSS) to facilitate more timely
settlement of low-value clearings. RITS members will be able to provide settlement
instructions to RITS for these low-value clearings by either SWIFT or COIN. Ce
service is expected to be available in the first half of 2011.
Together, this new infrastructure will improve timeliness and efficiency of the clearing and
settlement of low-value payments in Australia. This infrastructure modernisation aims to
provide a platform to support product innovation and customer service, as well as reduce the
risk associated with the current net deferred settlement arrangements.
3.2.2
High Value Clearing System (HVCS)
HVCS is a SWIFT closed user group payment arrangement established by APCA to provide
a framework for access to RTGS for SWIFT message based payments so as to achieve
settlement of participant obligations in central bank money with customer details exchanged
outside RITS. It uses the SWIFT FIN-Copy service. The HVCS arrangements specify
standards for access, operational reliability and other rule-based requirements. The HVCS
does not involve proprietary system architecture.
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3.2.2.1 Institutional framework
The HVCS regulations and procedures are administered by APCA. A management
committee comprised of participant representatives is responsible for the effective operation
of HVCS. The committee is also responsible for approving changes to the HVCS
regulations. The committee is accountable to the APCA Board, which represents APCA’s
shareholders.
3.2.2.2 Participation
The RBA, authorised deposit-taking institutions and other prudentially supervised providers
of payments services that hold ES Accounts at the RBA are entitled to join HVCS. Il y a
no special membership categories and all members are directly responsible for their own
settlement obligations. As at September 2010, there were 52 members of HVCS.
3.2.2.3 Types of transactions
HVCS is designed for the exchange of high-value electronic payments (ie SWIFT based
payment instructions), such as the Australian dollar leg of foreign exchange settlements,
including CLS obligations, as well as interbank customer payments. In practice, HVCS
provides a significant volume of relatively low-value SWIFT based instructions (participants
do not find that it is cost-effective to separate these low-value instructions from straight
through processing functionality). Participant obligations arising from each individual HVCS
instruction settle on an RTGS basis through RITS and comprised around two thirds of RITS
payments by value in 2009/10 (and over 90% by volume).
3.2.2.4 Operation of the system and settlement procedures
The mechanism by which HVCS participants exchange payments is the SWIFT FIN-Copy
un service. A payment message within FIN-Copy is queued while a settlement request message
is sent via the SWIFT network to RITS. RITS settles the interbank payment on an RTGS
basis and forwards a settlement response to SWIFT, which then matches the settlement
response it receives to the queued payment. SWIFT then forwards the message confirming
payment to the participating member who is to receive the payment.
The core operating hours of HVCS are 9.15 am to 4.30 pm Australian Eastern Standard
Time. To accommodate the operation of CLS Bank, there is a final settlement session for
HVCS payments restricted to agreed banks. In winter, this session is from 4.30 pm to
6.30 pm and in summer, 4.30 pm to 8.30 pm. If summer time finishes in Australia but has not
started in Europe the session is from 4.30 pm to 7.30 pm.
3.2.2.5 Risk management
Payments are settled on an RTGS basis through RITS. See Section 3.2.1.5 for a discussion
of RITS risk management.
However, if due to an operational or other disruption RTGS through RITS becomes
unavailable and is unlikely to recover on the day of failure, HVCS may implement
contingency (“fallback”) arrangements to substitute multilateral net settlement of the
interbank obligations arising from transactions instead of normal RTGS settlement. Under
these fallback arrangements, HVCS participants may, by prior bilateral agreement, send and
receive HVCS payments in hard copy or electronic form. This fallback netting arrangement is
protected as an “approved multilateral netting arrangement” under the Payment Systems and
Netting Act 1998, subject to the RBA agreeing to switch to fallback arrangements.
In order to manage operational risk, HVCS participants must meet defined technical
requirements and their systems must be capable of meeting minimum throughput
requirements. HVCS participants must have backup facilities. Those participants who account
for 2% or more of the value of sent and received payments within HVCS are required to have
CPSS – Red Book – 2011
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a backup system in a geographically remote location. Participants must regularly test their
internal backup arrangements and provide an annual compliance certificate to APCA
management with regard to technical requirements set out in the HVCS procedures.
3.2.2.6 Pricing
Participants in the HVCS are required to pay an initial entry fee and an annual membership
fee. Operating costs are assigned in proportion to participants’ transaction volumes. HVCS
development costs are assigned equally across members, usually in the form of one-off
charges.
HVCS does not impose transaction-based fees for messages passing through HVCS.
However, SWIFT imposes fees for each SWIFT payment message and the RBA charges a
fee for each debit and credit to an ES Account.
3.3
Retail payment systems
3.3.1
Card-based systems – proprietary
3.3.1.1 Institutional framework
Proprietary debit cards issued by financial institutions typically provide access to both the
ATM system and the electronic funds transfer at point of sale (EFTPOS) system.
The operational arrangements for ATM and EFTPOS (proprietary debit) transactions have
in the past been determined solely under the regulations and procedures of APCA’s
Consumer Electronic Clearing System (CECS). However, in April 2009 a new company,
EFTPOS Payments Australia Limited (EPAL) was established to manage the EFTPOS
système. Decisions in relation to EFTPOS membership, participation, compliance,
processing and the implementation of wholesale fees will now be made by EPAL.
Operational arrangements in relation to the ATM system will continue to be set by the
CECS regulations and procedures.
For CECS, a Management Committee consisting of CECS participants is responsible for
approving changes to the regulations and procedures including the means and timing of
settlement, technical standards and dispute resolution. Management Committee decisions
can be reviewed by the APCA Board, which is made up of representatives from APCA’s
shareholders. Changes to CECS regulations must also be approved by a meeting of CECS
members.
For EPAL, scheme rules and the technical operational and security rules are approved by the
Board, with major amendments also requiring a special resolution of members. The Board of
EPAL has eight industry-appointed directors, including representatives of both large and
small financial institutions and large merchants, plus three independent directors drawn from
a variety of private sector backgrounds and a managing director.
3.3.1.2 Participation
There are 14 founding members of EPAL, including two major retailers that “self acquire” a
large portion of their EFTPOS transactions. As at December 2010, there were 17 participants
in CECS, consisting of 10 banks, three special service providers, two retailers and two
payments system service providers. Most members of CECS have some form of
representation within EPAL.
3.3.1.3 Types of transactions
Proprietary cards are issued by financial institutions under their own brand. In Australia,
proprietary debit cards can be used to initiate both ATM and EFTPOS transactions. Beaucoup
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merchants also offer a cash-out facility to cardholders making purchases. Transactions on
proprietary cards require PIN authorisation and are debited to customers’ accounts in real
temps.
3.3.1.4 Operation of the system and settlement procedures
Services provided
Linkages between proprietary networks mean that there is effectively one national system of
EFTPOS terminals, which accepts cards from all card issuers. The major national banks and
the large regional banks provide most of the acquiring services to merchants. Most large
merchants own their own terminals, while smaller merchants tend to lease them from their
acquirers. Two major retailers switch their transactions to the various card issuers and
transaction processors, in effect acquiring their own transactions. Other financial institutions,
such as small regional banks, building societies and credit unions, are linked to the national
system through arrangements with one of the larger banks or a small number of specialist
providers of payments system services.
ATM networks are also linked bilaterally and, as with the EFTPOS system, there is
effectively one national system with cards from all issuers accepted. Traditionally, the major
banks and large regional banks owned and maintained large numbers of full service ATMs
while smaller financial institutions grouped together to offer ATM services through service
companies. More recently, there has been significant growth in the numbers of ATMs
operated by independent ATM deployers who usually establish arrangements with a
financial institution, or a specialist provider of payments system services, to link into the
national ATM network.
Data transmission
There is no centralised electronic clearing system or technical infrastructure for the
proprietary debit system. Most items are exchanged electronically on a bilateral basis. le
CECS and EPAL procedures specify formatting and other message standards and security
standards.
Authorisation
The information flows in a typical EFTPOS transaction are illustrated in Figure 2. The
cardholder presents their card to the merchant and enters their PIN (1), and the relevant data
are transmitted to the merchant’s financial institution (the acquirer) (2). If it is one of the
acquirer’s own cards, the account is checked internally and authorisation returned to the
merchant (5). If the card is issued by another financial institution, the information is switched
to the card issuer either directly via a bilateral link (3) or, if the issuer does not have this link,
via a third institution acting as a gateway (3a). The issuer then checks if its cardholder has
available funds. If so, it will return an authorisation message to the acquirer either directly
(4) or via the gateway (4a). The acquirer passes the message to the merchant (5) and the
transaction is complete (6).
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Figure 2
Information flows for an EFTPOS transaction
(4a)
(3a)
(3a)
(4a)
passerelle
(4)
Issuer
Acquéreur
(3)
(2)
(5)
(1)
Cardholder
Merchant
(6)
Typical information flows for an ATM cash withdrawal are similar, as illustrated in Figure 3.
The cardholder puts their card into an ATM, enters their PIN and the details of the withdrawal
(1); the relevant information is then transmitted to the ATM owner (2). If the ATM owner and
card issuer are the same institution, the transaction remains internal to that network. Si la
card is issued by another institution, the ATM owner will switch the information to that issuer
(3). The issuer then checks the account and returns an authorisation (or a decline) via the
ATM owner (4) to the ATM (5). Assuming authorisation was given, the cash is dispensed (6).
Figure 3
Information flows for an ATM transaction
(4)
Issuer
ATM owner
(3)
(2)
(5)
(1)
Cardholder
(6)
AU M
Clearing and settlement procedures
Settlement arrangements are determined by the CECS and EPAL rules for the ATM and
EFTPOS systems and the RBA’s settlement processes that apply to all the low-value
clearing streams. Each day, financial institutions calculate their national bilateral positions for
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ATM and EFTPOS transactions against other clearing institutions and report these by 4 am
the following business day to the Collator at the RBA.23 These balances are then settled in
RITS on a multilateral net basis at 9 am.
3.3.1.5 Risk management
Participants in the ATM and EFTPOS systems are members of EPAL and CECS or certified
to CECS standards. The regulations and procedures imposed by these bodies mitigate fraud
and other operational risks by requiring a minimum level of quality for operations, equipment
and security measures. The regulations reference relevant Australian and international
industry standards on, for example, system messaging formats, physical card characteristics
and data protection. They also describe procedures to address operational contingencies,
such as a failure of infrastructure, major telephone exchange outage, or loss of primary and
backup interchange links. The rights and duties of card issuers and card users in the event of
fraudulent transactions or operational failure are laid out in the Electronic Funds Transfer
Code of Conduct, administered by the Australian Securities and Investments Commission
(ASIC).
Participants in the ATM and EFTPOS systems are subject to various types of fraud risk,
including stolen and counterfeit cards, card skimming and false card applications. Fraud risk
in the EFTPOS system is reduced by the use of a PIN and the fact that EFTPOS
transactions are only used in card-present environments. Accordingly, the EFTPOS system
has experienced relatively low rates of fraud compared to other instruments. Both the
EFTPOS and ATM systems are exposed to risk due to the use of magnetic stripe cards,
although EPAL plans to convert all EFTPOS cards to EMV chip technology by 2014.24
Next day interbank settlement of ATM and EFTPOS transactions means that participants are
exposed to settlement risk. This risk is addressed indirectly by EPAL and CECS membership
requirements that aim to ensure participants have sufficient financial resources to meet their
obligations. Total interbank settlement obligations (and hence the risks) generated from
these systems are comparatively small – less than 1% of the value of daily payment flows.
EPAL and CECS regulations specify rules to deal with a participant’s failure to settle. le
legal validity of netting arrangement for payments is protected as an “approved multilateral
netting arrangement” under the Payment Systems and Netting Act 1998.
To the extent that liquidity risk is generated, arrangements are in place to allow ES Account
holders to access additional liquidity for settlement if required (see Section 3.2.1.5).
3.3.1.6 Pricing
Members of CECS pay a uniform annual fee and a periodic fee that is based on their share
of the national transaction volume. These fees are allocated to the operating costs of CECS
and the CECS share of the general operating and administrative costs of APCA.
23
“Collator” is a defined role in terms of APCA payments arrangements. APCA has appointed the Reserve Bank
as Collator. The Collator collates advice from each participant in each APCA payment system (not including
HVCS, which uses RTGS settlement) of gross credit and gross debit positions against each other participant
as a result of bilateral file exchanges. The Collator matches these data, calculates multilateral net positions
and passes these to RITS for batch settlement at 9 am on the day following the file exchange.
24
EMV is a standard for the operation of credit and debit payment cards based on integrated circuit (chip)
La technologie. The name EMV comes from Europay, MasterCard and Visa, the companies that started
development of the standard.
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Interchange fees, negotiated bilaterally between participants in the EFTPOS system, are
paid by issuers to acquirers – the opposite of most card systems around the world.25 The
RBA determined a Standard for the setting of interchange fees in the EFTPOS system in
2006. The Standard sets a cap and floor on interchange fees, constraining them to between
4 cents and 5 cents per transaction, paid to the acquirer. Interchange fees on cash-out
transactions (including purchase transactions with a cash-out component) remain
unregulated. An amendment to the Standard in 2009 introduced a cap of 12 cents, paid to
the issuer, for any multilateral EFTPOS interchange fees; that is, multilateral fees can be up
to 12 cents paid to the issuer, or any amount paid to the acquirer. This amendment was
intended to allow the newly formed EFTPOS scheme to establish multilateral interchange
fees under a comparable regulatory framework to the Visa Debit System. As at the end of
2010, no multilateral EFTPOS interchange fees were in place. However, EPAL has indicated
that a multilateral EFTPOS interchange fee regime will be put in place during the course of
2011.
Interchange fees in the ATM system were abolished in March 2009 as part of a package of
reforms designed to improve competition in the Australian ATM system. The other main
elements of these reforms were an industry-developed access code and the freedom for
ATM owners to charge cardholders directly for the use of an ATM, provided that the charge
is disclosed to the customer before the transaction is finalised.26 At the same time, issuing
institutions typically removed fees levied on their own customers for transactions made at
another institution’s ATMs. In 2010, most ATM owners charged a fee of around AUD 2 for
cash withdrawals by a customer of another financial institution.
3.3.1.7 Major ongoing and future projects
On 3 June 2010, EFTPOS Payments Australia Limited (EPAL) announced that the EFTPOS
system will move to EMV chip technology, with the industry aiming to complete the transition
by 2014. According to EPAL, EMV chip technology will make the EFTPOS system more
secure and provide a platform for new services.
By end-2011, the communications network used for EFTPOS and ATM traffic will move from
fixed bilateral links to the use of an industry Community of Interest Network (COIN). Cette volonté
allow new entrants to participate by establishing connectivity to a single network, rather than
requiring multiple fixed links to other participants.
3.3.2
Card-based systems – scheme
3.3.2.1 Institutional framework
The major international card schemes operating in Australia are Visa, MasterCard, American
Express and Diners Club. Transactions undertaken using scheme cards, both credit and
debit, are cleared under the rules of the relevant scheme.
25
Background to these arrangements can be found in the 2000 joint study conducted by the RBA and the
ACCC, Debit and Credit Card Schemes in Australia – A Study of Interchange Fees and Access, available on
the RBA website.
26
More detailed information on the rationale for the ATM reforms and the components of the reform package
can be found in An Access Regime for the ATM System on the RBA website.
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3.3.2.2 Participation
Authorised deposit-taking institutions (ADIs) are eligible for membership of the Visa and
MasterCard schemes.27 This includes a special class of ADIs known as Specialist Credit
Card Institutions (SCCIs), which carry out card issuing or acquiring activities but do not
otherwise engage in banking business. Two SCCIs (one issuer and one acquirer) are
currently members of card schemes. Other members of the Visa and MasterCard schemes
include banks, building societies and credit unions.
The American Express and Diners Club schemes have traditionally issued and acquired their
own card transactions. In recent times, a number of banks have been licensed to issue
American Express cards to their customers. In these cases, the banks provide the credit for
purchases and are responsible for billing, issuing statements and providing access to
accounts (eg via internet banking). American Express and Diners Club remain the sole
acquirers of transactions in their schemes.
3.3.2.3 Types of transactions
Scheme card transactions (debit and credit) most commonly occur at points of sale,
generally with the same terminals as those undertaken with proprietary cards. Most terminals
are equipped with both magnetic stripe and chip readers and allow authorisation by signature
or PIN. A small number of point-of-sale transactions are undertaken through contactless
terminals. Apart from contactless and chip capabilities, the main differences from proprietary
debit transactions lie beyond the customer interface, as discussed below. The major national
banks and the large regional banks provide most of the acquiring services for the Visa and
MasterCard schemes to merchants and around half of all ATMs.
As noted in Section 2.2.3, proprietary debit cards cannot be used in situations where the card
is not present at the merchant, such as payments over the telephone and internet. Sur le
other hand, scheme cards (debit and credit) can be used for telephone, internet and mail
order purchases. The use of scheme cards over the internet has been increasing in recent
years to around 10% of the value of card payments.
3.3.2.4 Operation of the system and settlement procedures
In Australia, as elsewhere, there is a centralised electronic clearing system for scheme card
transactions. Most items are exchanged electronically, with a small residual of paper-based
transactions. Scheme rules specify formatting and other message standards and security
standards.
The most numerous category of scheme card purchase transactions are those performed
electronically at the point of sale. The information flows involved in a typical transaction of
this type are illustrated in Figure 4.
27
ADIs are corporations authorised under the Banking Act 1959 to undertake various banking activities, and are
subject to prudential regulation by APRA. ADIs include banks, building societies and credit unions.
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Figure 4
Information flows for a scheme card transaction
(4a)
(3a)
(3a)
Scheme switch
(4a)
(4)
Issuer
Acquéreur
(3)
(2)
(5)
(1)
Cardholder
Merchant
(6)
The scheme card is swiped through or placed into an electronic terminal on the merchant’s
counter; if required the cardholder enters their PIN into the terminal at this stage (1). le
transaction and cardholder details are routed to the merchant’s financial institution (the
acquirer) (2). If the acquirer is also the issuer, the transaction can be authorised internally
and the authorisation returned to the merchant (5). If the issuer is another institution, the
acquirer routes the transaction to that issuer either bilaterally (3) or via a switch facility
provided by the scheme (3a). The issuer either authorises or declines the transaction and a
message is sent back to the acquirer, (4) or (4a), and on to the merchant (5). Si la
transaction is authorised, and a PIN has not been required, the cardholder signs a voucher.
The merchant checks the signature against the card and, if all is in order, the transaction is
complete.
There are separate clearing and settlement arrangements for the card schemes operating in
Australie. MasterCard and Visa have appointed settlement banks for the settlement of
domestic card transactions. For those participants that have ES Accounts, the obligations to
and from the settlement bank are settled as part of the 9 am multilateral deferred net
settlement. For participants without an ES Account, settlement is effected multilaterally
through accounts with the designated settlement bank.
3.3.2.5 Risk management
Members of the Visa and MasterCard schemes are required to be ADIs subject to prudential
supervision, as noted in Section 3.3.2.2. American Express and Diners Club issue and
acquire many of their own card transactions, and third-party issuers are ADIs. Scheme rules
mitigate fraud and other operational risks by requiring a minimum level of quality for
operations, equipment and security measures. The rights and duties of card issuers and card
users in the event of fraudulent transactions or operational failure are set out in the rules of
each scheme and, for transactions not authorised by signature, the Electronic Funds
Transfer Code of Conduct, administered by ASIC.
Participants in the scheme card systems are subject to various types of fraud risk, including
stolen and counterfeit cards and card details, card skimming and false card applications. le
ability to use scheme cards (credit and debit) in a card-not-present environment presents
additional fraud risks to those faced in the ATM and EFTPOS systems. The Visa and
MasterCard schemes are moving to EMV chip cards and terminals, although many existing
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cards, including all cards issued by the American Express and Diners Club schemes, remain
reliant on magnetic stripe technology.
Total interbank settlement obligations (and hence the risks) generated by the Visa and
MasterCard systems are small compared to overall interbank obligations. Visa and
MasterCard each indemnify their members against any loss due to a participant failure. Tandis que
this reduces the risks faced by individual members, Visa and MasterCard could be exposed
to losses in the case of a default. Both schemes have in place policies to manage the risk of
participant failure, including the requirement for prudential supervision of members and the
posting of collateral by members that do not meet minimum credit requirements.
3.3.2.6 Pricing
Interchange fees in the Visa and MasterCard systems are paid by the acquirer to the issuer
and are subject to regulatory caps – a weighted average of 50 basis points for credit card
transactions, and 12 cents for debit card transactions. Acquirers generally charge merchants
an ad valorem fee for card transactions and a separate fee for line and terminal rental. Tous les deux
issuers and acquirers pay a variety of scheme fees to Visa and MasterCard for services
including transaction processing and marketing.
Cardholders do not generally pay transaction fees, but may face fixed annual fees for credit
cards or monthly account keeping fees for debit card accounts.
3.3.2.7 Major ongoing and future projects
Chip technology
The transition to chip technology for credit cards is continuing, with most terminals and a
growing proportion of cards now chip-enabled. The credit card schemes have removed
interchange fee penalties for merchants that process transactions on chip cards on a
terminal that is not chip-enabled, although the schemes continue to promote the adoption of
chip technologies, for instance through rules that shift liability for fraud to parties that have
not adopted chip technology. At this time few, if any, ATMs are chip-enabled.
Contactless payments
Visa and MasterCard have both introduced contactless payment technology into Australia. UNE
small but growing number of merchants have adopted contactless terminals, and issuers
have started to issue chip cards with radio frequency antennae.
3.3.3
Cheques
3.3.3.1 Institutional framework
Cheques, and other paper-based payment instruments such as money orders, AUD
traveller’s cheques and warrants are processed under the rules of APCA’s Australian Paper
Clearing System (APCS).
A Management Committee consisting of APCS participants is responsible for approving
changes to the regulations, including means and timing of settlement, technical standards
(such as message and security standards) and dispute resolution. Management Committee
decisions can be reviewed by the APCA Board, which is made up of representatives from
APCA’s shareholders. Changes to APCS regulations must also be approved by a meeting of
APCS members.
3.3.3.2 Participation
There are currently three classes of APCS members. Tier 1A members clear directly with
one another and settle their resulting obligations across ES Accounts at the RBA. Tier 1B
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members appoint Tier 1A members to clear on their behalf, but retain responsibility for their
own settlement obligations. Tier 2 members appoint Tier 1A members as their agents to both
clear and settle on their behalf. There are eight Tier 1A, three Tier 1B and 45 Tier 2 members
of APCS.
3.3.3.3 Types of transactions
Cheques and other paper-based payment instruments such as money orders, AUD
traveller’s cheques and warrants are cleared through the APCS.
3.3.3.4 Operation of the system and settlement procedures
Operation of the system
Most banks provide a “three day clearing cycle”. That is, if a cheque is deposited at an
institution on Monday (Day 1), and cleared electronically, the institution makes the funds
available to its customer for use on Wednesday (Day 3). Further details are provided below.
At the end of Day 1, institutions send all cheques deposited at their branches to their data
centres or their clearers. Details of the value of the cheque are then added to the magnetic
ink character recognition line (the MICR line), which includes details of the customer’s
account number, institution and branch. Cheques are then sorted into those drawn on the
institution itself and those drawn on other institutions.
Settlement for the bulk of paper items drawn on other institutions (about 99%) is based on
bilateral exchange of electronic files containing cheque details. Electronic files are sent to
each clearing institution and paying institutions must inform the collecting institution by no
later than the next business day if the cheque is to be dishonoured.
Physical exchange of cheques still occurs, either bilaterally or at regional clearing centres,
but for the majority this is on a “not for value” basis as value has already been exchanged
based on electronic information. To date, paying institutions have chosen to obtain their
cheques for possible examination and storage. The Cheques Act 1986 allows for the
truncated presentation of cheques exchanged between institutions (ie electronic transmittal
of data with the physical cheque remaining at the institution that collected it), although this is
not widely used in Australia. Cheques deposited by customers are credited to their accounts
on the day of deposit; where appropriate, interest accrues from the day of deposit. In most
cases, the paying customers’ institution posts debits to their customers’ accounts on the
night a cheque is exchanged. This means that paying customers’ accounts are almost
always debited on the same day as depositing customers’ accounts are credited, so there is
very little institution/customer float generated in the cheque clearing cycle.
In the absence of a covering line of credit, depositing customers are generally not able to
withdraw these funds until the institution at which the deposit was made is reasonably sure
that the cheque will be paid. Cheques are not considered paid until the paying institution has
had time to validate the cheque and the drawer’s capacity to cover it. The industry works on
an exception basis, with paying institutions notifying collecting institutions only of those
cheques that are dishonoured.
Clearing and settlement procedures
At the end of each clearing day, Tier 1A institutions advise the Collator at the RBA in Sydney
of their bilateral net settlement positions with other Tier 1A institutions. These settlement
balances also incorporate the positions of those institutions that have appointed a Tier 1A
institution to clear and settle on their behalf. Tier 1A institutions are also responsible for
reporting the multilateral net settlement positions of Tier 1B institutions for which they clear.
No later than 3 am Sydney time on the following day, the final value of the previous day’s
exchanges is determined by the Collator, for settlement at 9 am. Institutions’ ES Accounts
are credited and debited simultaneously through a batch settlement in RITS. No central
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bank/institution float is generated. Daily interest adjustments are made between institutions
to reflect the fact that, although institutions pay interest to their customers from the day of
deposit, they do not receive funds from the paying institution until settlement the next
business day.
Industry practice is to credit customers for the amount of deposited cheques on the day of
deposit. However, the deposited funds cannot be withdrawn until the bank of deposit is
satisfied there is no further risk of dishonour. A cheque may be dishonoured for a number of
reasons, including: the drawee institution becomes a failed financial institution; a cheque has
been deemed fraudulent; or the payer has insufficient funds to meet the payment obligation.
Funds credited to a recipient’s account attract interest (if applicable to that account) from the
day of deposit but may not be available for withdrawal for a number of days. Agreed industry
best practice is that funds should be available no later than two days after the day of deposit.
3.3.3.5 Risk management
Participants in the cheque system are subject to a number of risks, including those arising
from fraudulently altered cheques, stolen cheque books, counterfeit cheques and kite flying
(the activity of depositing valueless cheques and making withdrawals against those valueless
cheques). Efforts have been made to mitigate risks arising from these sources, including by
the incorporation of a number of security features in paper cheques, and the use of software
programs to track consumer behaviour.
The APCS is a “recognised settlement system” under the Cheques Act 1986, which allows
for the turnback, or presumed dishonour, of cheques for which a failed institution has not
settled, removing the credit risk inherent in deferred net settlement. The legal validity of
netting arrangement for APCS payments is protected as an “approved multilateral netting
arrangement” under the Payment Systems and Netting Act 1998. The APCS regulations
specify arrangements that apply should a direct settling participant fail to meet its obligations.
In this case, the failed participant is removed from the batch and batch obligations are
recalculated.
Net interbank obligations generated by the APCS are small relative to both the total value of
interbank settlements in RITS and the largest of the retail clearing streams, BECS (see
Section 3.3.4). Arrangements are in place to allow ES Account holders to access additional
liquidity for settlement if required.
3.3.3.6 Pricing
While there are no transaction-based fees for participation in the APCS, participants are
required to pay both entrance fees and annual fees, based on the share of transactions
processed through the APCS. Because the system is bilateral, most of the system’s costs
are associated with administration.
3.3.3.7 Major ongoing and future projects
APCA is examining strategies and policies to manage the long-term decline in paper
Paiements. The scope of this work includes looking at: areas where cheques are still used
extensively; whether sufficient alternatives to cheques exist or need to be developed; et
measures to improve cheque processing efficiencies and reduce processing costs.
By mid-2011, the communications network used for APCS and BECS will move from fixed
bilateral links to the use of either the COIN or SWIFT (using its FileAct service). Cette volonté
allow new entrants to participate by establishing connectivity to a single network (either COIN
or SWIFT), rather than having multiple fixed links to other participants.
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3.3.4
Retail credit and debit transfer systems – BECS
3.3.4.1 Institutional framework
Credit transfers and direct debits are processed bilaterally under the rules of APCA’s Bulk
Electronic Clearing System (BECS).
A Management Committee, consisting of BECS participants, is responsible for approving
changes to the regulations, including means and timing of settlement, technical standards
(such as message and security standards) and dispute resolution. Management Committee
decisions can be reviewed by the APCA Board, which is made up of representatives from
APCA’s shareholders. Changes to BECS regulations must also be approved by a meeting of
BECS members.
3.3.4.2 Participation
There are two classes of members of BECS. Tier 1 members clear directly with one another
and settle resulting obligations across ES Accounts at the RBA. Tier 2 members appoint
Tier 1 members as their agents to both clear and settle on their behalf. There are 14 Tier 1
and 45 Tier 2 members of BECS.
3.3.4.3 Types of transactions handled
Credit transfers and direct debits, including bulk payments and transactions initiated via the
internet or telephone banking facilities of financial institutions, are cleared through BECS.
BECS credit transfers are used widely, especially by government departments and
companies for regular bulk payments such as social security benefits and salary and
dividend payments, and more recently by individuals for internet-initiated payments. Direct
debits are used mostly by billers, such as insurance and utilities companies, for collecting
regular payments, as well as by financial institutions to collect loan repayments. In the case
of direct debits, the payer must agree to the ongoing debiting of their account by providing an
authority to the payee to allow funds to be deducted from their account.
3.3.4.4 Operation of the system and settlement procedures
Operation of the system
BECS is based on bilateral arrangements between participants. Files of direct-entry credits
and debits are prepared by financial institutions and bilaterally exchanged between Tier 1
members using electronic links.
Credit transfers initiated by customers (payers) are debited from their accounts on the day of
the transfer. These transfers are irrevocable and so there is no risk of dishonour. In most
cases, the receiving customers’ (payees’) institutions will post credits to their customers’
accounts overnight for value on the day of the transfer. Industry rules for Tier 1 members of
BECS require that these funds be available to customers by 9 am the next morning.
However, since customers may have their accounts with institutions who are not direct
settlement members of BECS, receiving customers may not have their accounts credited for
an extra day depending on the arrangements involved.
Direct debits initiated by customers (payees) are debited from the paying customers’
(payers’) accounts on the day of the transfer. Unlike credit transfers, these transfers carry the
risk to beneficiaries of payments being dishonoured. In most cases, the payees’ institution
will post provisional credits to their customers’ accounts the same day; however, in some
cases payees may not have their accounts credited for up to three days depending on the
internal processing systems of their institution.
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Clearing and settlement
At the end of each day, Tier 1 members reconcile their inward and outward exchanges
(which include the positions of their Tier 2 appointers) and report their bilateral positions
against other Tier 1 members to the RBA Collator in Sydney no later than 11 pm. Ceux-ci sont
settled on a multilateral net basis at 9 am on the following business day through RITS.
3.3.4.5 Risk management
Credit transfers are irrevocable and there is no risk of dishonour. Direct debits, on the other
hand, like cheques, carry the risk to beneficiaries of payments being dishonoured. Dishonours
of direct debits are generally communicated within 24 hours by payers’ financial institutions.
Participants face settlement risk arising from next day settlement of interbank obligations.
The legal validity of netting arrangements for BECS payments is protected as an “approved
multilateral netting arrangement” under the Payment Systems and Netting Act 1998. The
BECS regulations specify arrangements that apply should a direct settling participant fail to
meet its obligations. In this case, the failed participant is removed from the batch and batch
obligations are recalculated.
The direct entry system generates the largest interbank obligations of any of the retail
payment systems. Nonetheless, these constitute only a small proportion of the total value of
RITS settlements. Arrangements are in place to allow ES Account holders to access
additional liquidity for settlement if required.
3.3.4.6 Pricing
While there are no transaction-based fees for participation in BECS, participants are required
to pay both entrance fees and annual fees, based on the share of transactions processed
through BECS. Because the system is bilateral, most of the system’s costs are associated
with administration.
3.3.4.7 Major ongoing and future projects
By mid-2011, the communications networks used for APCS and BECS will move from fixed
bilateral links to the use of either the COIN or SWIFT (using its FileAct service). Cette volonté
allow new entrants to participate by establishing connectivity to a single network (either COIN
or SWIFT), rather than having multiple fixed links to other participants.
3.3.5
Retail credit and debit transfer systems – BPAY
3.3.5.1 Institutional framework
BPAY is an electronic bill payment system owned by Australia’s largest banks. Il y a
more than 18 000 billers and over 160 financial institutions participating in BPAY.
3.3.5.2 Participation
BPAY has three classes of membership: 13 participant members; 151 associate members;
and 22 payer institution members (PIMs). Participant members are involved in the clearing
and settlement of BPAY transactions. Associate members and PIMs must contract a
participant member to exchange and settle transactions involving their customers. Participant
members, associate members and PIMs provide their customers with access to the BPAY
interface, and credit and debit value to their customers’ accounts.
3.3.5.3 Types of transactions
BPAY allows customers of participating financial institutions to pay their bills using credit
transfers from their bank or credit card account with the transfers initiated by telephone or
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internet banking services (including mobile applications and mobile internet banking). contrairement à
bill payments using direct debits, the customer has the option to initiate a transaction when a
bill payment is due rather than providing a one-off authorisation for ongoing bill payments.
3.3.5.4 Operation of the system and settlement procedures
A customer initiates a BPAY payment via their financial institution’s telephone or internet
banking systems, by entering details of the payment (including the amount and a customer
reference number) and the biller to which it is to be paid (identified by a biller code). le
customer’s financial institution then transfers funds from either a deposit or credit card
account to the biller’s bank. In most cases, BPAY payments relate to a paper or e-mail bill
transmitted outside the BPAY system; however, BPAY does operate an electronic bill
presentment service (BPAY View) which is now offered by a small number of billers.
At the end of each business day, the members of BPAY send a file detailing the transactions
initiated by their customers to the Central Interchange Processor (CIP). The CIP calculates
the net amounts owing by each member to the system. BPAY transactions are settled along
with BECS transactions in a multilateral net batch at 9 am in RITS. BPAY has contracted one
of Australia’s largest banks to act as its agent in BECS, to enable interbank settlement of
BPAY obligations. If a payment is made during a business day, funds are available to the
biller the next business day.
3.3.5.5 Risk management
Participants in the BPAY system are members of BPAY and BECS or certified to BECS
standards. The BPAY and BECS rules and operating procedures mitigate fraud and other
operational risks by requiring a minimum level of quality for operations, equipment and
security measures. The rights and duties of financial institutions and their customers in the
event of fraudulent transactions or operational failure are set out in the Electronic Funds
Transfer Code of Conduct, administered by ASIC.
Participants in the BPAY system are subject to fraud risks including the use of stolen
credentials for telephone or internet banking systems. Fraud risk in the BPAY system is
managed through the security measures built into financial institutions’ telephone and
internet banking systems from which BPAY payments are initiated.
Obligations in the BPAY system are settled along with BECS transactions in the RITS
system at 9 am each business day on a deferred multilateral net basis. The interbank
settlement obligations generated by the BPAY system are relatively small and of similar
magnitude to the card payment systems.
BPAY has made an application for approval of its netting arrangements under the Payment
Systems and Netting Act 1998, in order to safeguard its netting arrangements from legal
challenge in the case of a participant entering external administration (where the participant
is or may become insolvent).28 Approval has been granted subject to a number of rule
changes being made by BPAY.
28
42
The Payments System Netting Act provides protection for netting where a party to an approved netting
arrangement goes into external administration ie where:
 they become a body corporate that is an externally administered body corporate within the meaning of the
Corporations Law; ou
 they become an individual who is insolvent under administration within the meaning of the Corporations
Law; ou
 someone takes control of the person’s property for the benefit of the person’s creditors because the person
is, or is likely to become, insolvent.
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The comparatively small value of obligations generated by the BPAY system and the batch
settlement of these obligations means that minimal liquidity risk is generated. Arrangements
are in place to allow ES Account holders to access additional liquidity for settlement if
required (see Section 3.2.1.5).
3.3.5.6 Pricing
There are generally no specific fees charged to customers for BPAY transfers; however,
individual institutions may charge customers a fee once a particular number of transactions
are made. Billers, on the other hand, pay a fee to their financial institution for every payment
received through BPAY. The biller’s financial institution pays a wholesale fee to the payer’s
institution of 45.1 cents for a payment from a deposit account, or 40.7 cents plus 0.297% of
the transaction value for a payment from a credit card account.
3.3.6
Cash distribution and exchange
Cash distribution and exchange occurs under a commercial arrangement between the RBA
and private sector banks. Under existing arrangements, private sector banks own and hold
the working stock of notes and coins and are responsible for its distribution. En conséquence,
receipt of cash from the central bank reflects the net needs of each private bank. The RBA
compensates commercial banks for interest forgone on their working stock of notes and coin
up to a defined limit.
APCA’s Australian Cash Distribution and Exchange System (ACDES) governs the exchange
of cash between participating members. ACDES provides a formal framework for
participating members to undertake exchanges of cash in an orderly and secure manner.
The rules allow members with a shortage of particular denominations of cash in a particular
geographical area to obtain cash from members with a corresponding surplus.
Commercial banks can purchase new notes from the RBA. The RBA has two banknote
distribution centres.
3.3.6.1 Institutional framework
An APCA Management Committee, consisting of representatives of each of the participants
and the RBA, is responsible for approving changes to the ACDES Regulations and Rules.
Management Committee decisions can be reviewed by the APCA Board, which is made up
of representatives from APCA’s shareholders.
The ACDES Regulations and Rules stipulate the means and timing of settlement, and
dispute resolution procedures; they also set out the minimum matters that must be covered
in bilateral agreements between participants. The bilateral agreements set out the general
terms on which participants enter into transactions with each other.
The purchasing of cash from the RBA is covered by legal agreements between the RBA and
ACDES participants.
3.3.6.2 Participation
Five banks are participating members of ACDES and undertake exchanges of cash directly
with each other. These five banks comprise Australia’s four major banks and one regional
bank. Together, these participants supply the majority of the community’s cash needs.
3.3.6.3 Types of transactions
Transactions are cash exchanges: the buying and selling of physical cash between
participants with settlement in ES Account funds (ie net buyers of cash transfer ES Account
funds to net sellers).
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3.3.6.4 Operation of the system and settlement procedures
Settlement for cash exchanges occurs on a deferred net bilateral basis through RITS by
around 10 am on the following business day. Settlement of emergency buys may occur
same-day by 4 pm through RITS.
3.3.6.5 Risk management
Risks are managed by the ACDES Management Committee using the ACDES Regulations,
Rules and Failure to Settle Guidelines and the Business Continuity Manual. Members have
established exchange trading/dealing limits with counterparties to limit intraday settlement
risk for transactions.
3.3.6.6 Pricing
Members undertake exchanges at face value and share the costs of operating ACDES
based on respective percentages of national activity.
4
Systems for post-trade processing, clearing and securities
règlement
4.1
General overview
Clearing and settlement facilities operating in Australia are required to be licensed under the
Corporations Act 2001. This legislation specifies that to grant a licence for clearing or
settlement, the Australian Government must be satisfied, among other things, that the facility
has adequate operating rules and procedures to ensure that systemic risk is reduced, and
that the facility operates in a fair and effective manner. In making this assessment, the
Australian Government considers advice from the RBA and ASIC.
Licensed facilities are subject to ongoing oversight by the RBA and ASIC. The RBA is
responsible for ensuring that such facilities conduct their affairs in a way that is consistent
with financial system stability. The Corporations Act specifies that licensed facilities must
comply with the Financial Stability Standards, which are determined by the RBA, and do all
other things necessary to reduce systemic risk. The RBA publishes formal annual
assessments of all licensed facilities, which include specific evaluations against the Financial
Stability Standards. ASIC is responsible for ensuring that licensed facilities meet any other
supervisory obligations, including that operations are carried out in a fair and effective way,
and that other conditions on a facility’s licence are being satisfied.
Four licensed clearing and settlement facilities are subject to the Financial Stability
Standards – two CCPs, ASX Clear Pty Limited (ASX Clear) and ASX Clear (Futures) Pty
Limited (ASX Clear (Futures)), and two securities settlement facilities, ASX Settlement Pty
Limited (ASX Settlement) and Austraclear Limited (Austraclear).29 These entities are all part
of a single corporate group, Australian Securities Exchange (ASX) Limited.30 ASX Limited is
a for-profit, public company listed on its own financial market, ASX.
29
A fifth entity, IMB Ltd, is licensed to settle a small volume of transactions in its own shares.
30
ASX Limited was formed through the merger of Australian Stock Exchange Limited and Sydney Futures
Exchange (SFE) Corporation Limited in 2006.
44
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Figure 5
ASX Group corporate structure
ASX Limited operates two markets, ASX and ASX 24 (formerly the SFE market). The ASX
market provides trading services with respect to equities, warrants and a limited range of
derivatives. The ASX 24 market offers trading services with respect to a range of futures and
options. The ASX and ASX 24 markets are each linked to a separate CCP. ASX Clear offers
CCP services for products traded on the ASX market. ASX Clear (Futures) offers CCP
services for derivatives traded on the ASX 24 market, and for certain over-the-counter (OTC)
transactions between ASX Clear (Futures) participants.
Equity trades initiated on the ASX market are settled by ASX Settlement, which also settles
off-market equities trades between its participants. ASX Settlement owns and operates the
Clearing-House Electronic Subregister System (CHESS), a central securities depository
(CSD) for equities, which utilises the RITS system (see Section 3.2.1) for settlement of the
funding leg through participating banks in central bank money.31 Cash payments between
clearing participants arising from margins and cash-settled derivatives trades initiated on the
ASX and ASX 24 markets are made through Austraclear. Austraclear’s primary function is to
provide delivery versus payment (DVP) securities settlement (and CSD services) for fixed
income securities.32 Austraclear is a feeder system to RITS, with interbank obligations
settling in central bank money on an RTGS basis.
4.2
Post-trade processing systems
Austraclear also provides a limited range of post-trade processing services for OTC
transactions. These include trade confirmation services for OTC debt securities transactions
and some OTC derivatives transactions.33 Austraclear offers these services as a complement
to its settlement services, facilitating straight through processing of such transactions. (For
more information regarding Austraclear, see Section 4.4.2.)
4.3
Central counterparties and clearing systems
The two CCPs licensed to operate in Australia are ASX Clear and ASX Clear (Futures), both
subsidiaries of ASX Limited.
31
RITS offers a batch settlement facility that simultaneously debits and credits batch obligations.
32
These securities are traded on an OTC basis.
33
Austraclear typically charges AUD 3 per side for OTC trade confirmation services.
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4.3.1
ASX Clear
4.3.1.1 Institutional framework
ASX Clear Pty Limited is a wholly owned subsidiary of ASX Clearing Corporation Limited
(ASXCC), itself a wholly owned subsidiary of ASX Limited. ASXCC is responsible for the
investment of ASX Clear (and ASX Clear (Futures)) risk resources including margins (held
under trust) and provides subordinated loans to both ASX Clear and ASX Clear (Futures).
ASXCC holds an ES Account at the RBA.
ASX Clear is governed by its own board of directors, while the ASX Group is governed by the
ASX Limited Board. The ASX Limited Board is primarily responsible to shareholders for the
overall performance of ASX Group. Responsibility for oversight and risk management of the
clearing and settlement facilities is delegated to the facilities’ individual boards, which report
to the ASX Limited Board. The boards all comprise a majority of independent, non-executive
directors.
The legal basis for ASX Clear’s operations is set out in the ASX Clear Operating Rules and
Procedures. These rules define the nature and scope of its obligation to provide clearing
services to participants, and describe the conditions under which final and irrevocable
settlement of obligations is deemed to have occurred. The Operating Rules and Procedures
also set out the rights and obligations of participants, including in the event of default or
suspension.
Under Australian law, the ASX Clear Operating Rules and Procedures have effect as a
contract between ASX Clear and each of its participants, and between each participant and
each other participant. Furthermore, Australian law protects the netting arrangements
contained in the ASX Clear Operating Rules and Procedures. This provides certainty for the
netting process in the event of the insolvency of a participant.
The RBA in its oversight role continually monitors ASX Clear’s compliance with the Financial
Stability Standard for Central Counterparties, and publishes formal assessments annually.
ASIC also publishes annual market assessment reports of the ASX Group; these cover,
among other things, the fair and effective provision of services by the licensed clearing and
settlement facilities, and whether the facilities’ licence obligations are met. See Section 4.1
for a full description of the Australian regulatory framework.
4.3.1.2 Participation
There are two classes of participant in ASX Clear: direct participants (which clear for their
own and client activity, as ASX trading participants); and general participants (which in
addition to clearing for their own and client activity may act as third-party clearers for other
ASX trading participants, ie other trading participants that are not clearing members of ASX
Clear). At September 2010, ASX Clear had 54 participants – 51 direct participants and
3 general participants. The 51 direct participants comprised eight domestic banks,
23 domestic brokers and 20 foreign entities.
4.3.1.3 Types of transactions
ASX Clear provides CCP services for products traded on the ASX market. Ceux-ci inclus
equities, pooled investment products, warrants, certain interest rate products and equity- and
commodity-related derivatives.
4.3.1.4 Operation of the system and settlement procedures
For cash equities trades, novation occurs with effect from the matching of the trade on the
marché. In the case of derivatives trades, novation takes place no later than the evening of
the day of the trade, when trade details are allocated to participants’ accounts. Following
novation, clearing participants receive confirmation messages regarding the trades that have
46
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been novated, and on the next day (T+1) receive notification of their net obligations to ASX
Clear for the previous day’s trades.
Securities obligations between ASX Clear and its clearing participants are settled in ASX
Settlement. Associated interbank payment obligations are settled in RITS.34 Equities
obligations are settled on a T+3 basis. Margin payments are initiated via Austraclear and
settled through RITS (at present cash equities are not margined).
ASX Clear trade information is stored in CHESS.
4.3.1.5 Risk management
ASX Clear applies three layers of risk management protections:

Participation requirements and ongoing monitoring. Direct participants are
required to hold at least AUD 5 million in core capital and general participants are
required to hold at least AUD 10 million in core capital. Core capital consists of
share capital, reserves and retained profits. Participants are also subject to
requirements regarding technical and operational capacity. Minimum capital
requirements provide comfort that a participant has sufficient financial capacity to
absorb unexpected financial or operational shocks. They can also help to ensure
that participants commit significant financial resources to the clearing business and
assume the responsibility that direct participation entails. Furthermore, minimum
capital requirements provide a means (albeit imperfect) of reducing the probability of
a call on a CCP’s risk resources by assuming exposures only to participants
meeting a threshold level of credit quality.

Margining and other collateralisation of exposures by participants. Margins
protect the CCP from normal price volatility. Margins are routinely collected from
participants in respect of derivatives exposures, but not currently for cash equities
(see Section 4.3.1.8 in respect of a project to introduce margins for cash equities).
Initial margin requirements are calculated on the basis of covering three standard
deviations of the estimated distribution of price movements. Variation margins are
collected to mark to market the value of positions on a daily basis, and may also be
called intraday. For both derivatives and equities positions, additional collateral may
be requested where exceptionally large or concentrated exposures are identified
through capital stress testing. The margins and other collateral posted by a
defaulting participant would be drawn on first to cover losses resulting from their
défaut. ASX Clear tests the validity of its margin methodology by periodic
backtesting.

Maintenance of risk resources. ASX Clear risk resources protect against losses
that could arise if a default exceeds any margin posted by the defaulting participant,
ie risk resources guard against losses arising from a participant default in extreme
but plausible conditions. ASX Clear risk resources comprise AUD 250 million in fully
paid-up ASX Clear funds35 and up to AUD 300 million which can be levied on
surviving participants in the event of a participant default. ASX Clear assesses the
adequacy of pooled risk resources by stress testing on a daily basis.
34
On a Model 3 DVP basis. Securities are immobilised prior to submission of a batch payment instruction to
RITS. Upon successful settlement of that RITS batch, settlement participant cash positions are immediately
updated with a corresponding release of securities to their intended recipients.
35
As ASX is a for-profit CCP (and is not mutualised), own resources are called upon prior to mutualised
participant promissory resources in the default fund “waterfall”. Own resources comprise own equity, restricted
capital reserve, a subordinated loan funded by ASX Limited and a subordinated loan funded by a commercial
bank.
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In the event of a participant default, ASX Clear is able to reschedule any payments involving
the failed participant. ASX Clear may also enter into market transactions to sell or purchase
securities to facilitate the settlement of novated transactions. For derivatives, ASX Clear has
the ability to close out a defaulted participant’s positions, or to seek to transfer the client
positions of the defaulted participant to a surviving participant.
4.3.1.6 Links to other systems
ASX Clear is linked to the ASX Trade platform and the ASX Settlement and Austraclear
settlement facilities. ASX Clear settles margin and treasury investment related transactions
through RITS across the ES Account of ASXCC.
4.3.1.7 Pricing
Combined clearing and settlement fees for equity trades are charged at 0.25 basis points per
trade.36 The corresponding fees for warrants, structured products and interest rate securities
are 0.35 basis points per trade.
Clearing participants are also required to pay an annual fee of AUD 5 000, or AUD 7 500 if
offering third-party clearing services.
4.3.1.8 Major ongoing and future projects
Projects that ASX Clear is currently planning include:

Routine margining of equities. ASX Clear intends to introduce margining for cash
equities positions.

Harmonisation and linking of CCP activity. ASX Limited has an ongoing project
to harmonise and link the activities of its two CCPs (ASX Clear and ASX Clear
(Futures)). The project will include migrating both CCPs to a common margining
système.
4.3.2
ASX Clear (Futures)
4.3.2.1 Institutional framework
ASX Clear (Futures) Pty Limited is a wholly owned subsidiary of ASX Clearing Corporation
Limited, itself a subsidiary of ASX Limited. ASX Clear (Futures) has the same governance
structure, legal framework and regulatory framework as ASX Clear (see Section 4.3.1.1).
ASX Clear (Futures) was formerly known as SFE Clearing Corporation.
4.3.2.2 Participation
At September 2010, ASX Clear (Futures) had 15 participants, predominantly large foreign
banks and their subsidiaries.
4.3.2.3 Types of transactions
ASX Clear (Futures) provides CCP services for derivatives traded on the ASX 24 market,
including futures and options on interest rate, equity, energy and commodity products, and
for non-market trades between ASX Clear (Futures) participants, including block trades, strip
36
48
All prices quoted exclude goods and services tax.
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trades and exchange-for-physical trades. ASX Clear (Futures) clearing participants must
appoint a settlement participant in Austraclear to settle margin and other obligations.37
4.3.2.4 Operation of the system
ASX Clear (Futures) novates trades initiated on the ASX 24 market upon ASX 24’s
registration of the matched trade. Non-market trades are novated when ASX Clear (Futures)
approves and registers the trade details.
Each trading day, ASX Clear (Futures) calculates the obligations of its clearing participants
arising from cash settlement of derivative contracts and margins. Participants with net
obligations to the CCP are required to make RTGS payments through Austraclear (ie a
payments message through the Austraclear system that will result in a transfer of
ES Account funds to ASXCC via RITS RTGS functionality) (see Section 4.4.2 for a
description of Austraclear).38 Once these payments have been received, ASX Clear (Futures)
makes payments to those participants with a net obligation from the central counterparty.
Settlement occurs in real time across the ES Accounts of participating banks at the RBA (see
Section 3.2.1). Unless there is a participant default, flows across the ES Account of ASXCC
will reflect net margin receipts or payments.
Where derivative contracts require physical settlement, ASX Clear (Futures) utilises the
securities settlement functions within Austraclear or, for certain commodities, facilitates
delivery via a warehouse.
4.3.2.5 Risk management
The ASX Clear (Futures) risk management framework has three key components:

Participation requirements and ongoing monitoring. ASX Clear (Futures)
participants are required to maintain a minimum of AUD 5 million in net tangible
assets. Participants are also subject to requirements regarding technical and
operational capacity. Minimum capital requirements provide comfort that a
participant has sufficient financial capacity to absorb unexpected financial or
operational shocks. They can also help to ensure that participants commit significant
financial resources to the clearing business and assume the responsibility that direct
participation entails. Furthermore, minimum capital requirements provide a means
(albeit imperfect) of reducing the probability of a call on a CCP’s risk resources by
assuming exposures only to participants meeting a threshold level of credit quality.

Margining and other collateralisation of exposures by participants. Margins
protect the CCP from normal price volatility. Clearing participants are required to
post initial margin for their derivatives positions. Initial margins are calculated on the
basis of covering three standard deviations of historical price movements. Dans
addition, clearing participants are required to pay variation margins on a daily basis,
covering any price movements in the previous day. ASX Clear (Futures) can also
collect variation margins on an intraday basis. Additional margin may also be
requested where exceptionally large or concentrated exposures are identified
through capital stress testing. In the event of a default, any margin posted by the
defaulting participant would be used first to cover its obligations to ASX Clear
37
A clearing participant in ASX Clear (Futures) may also be an Austraclear settlement participant. A settlement
participant that does not have an ES Account at the RBA must appoint a participating bank.
38
Note that a clearing participant with surplus collateral lodged with ASX Clear (Futures) may not need to make
a payment through Austraclear settlement participants and participating banks.
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(Futures). ASX Clear (Futures) tests the validity of its margin methodology by
periodic backtesting.

Maintenance of risk resources. ASX Clear (Futures) risk resources protect against
losses that could arise if a default exceeds margin posted by the defaulting
participant, ie risk resources guard against losses arising from a participant default
in extreme but plausible conditions. Risk resources comprise AUD 370 million of
fully paid-up own and participant funds and AUD 30 million in participant promissory
funds. ASX Clear (Futures) assesses the adequacy of risk resources by stress
testing on a daily basis.
In the event of a participant default, ASX Clear (Futures) has the ability to close out any open
contracts, to exercise or terminate open contracts, or to seek to transfer client positions.
4.3.2.6 Links to other systems
ASX Clear (Futures) is linked to ASX 24 markets and to Austraclear. ASX Clear (Futures)
settles margin and treasury investment related transactions through RITS across the
ES Account of ASXCC.
4.3.2.7 Pricing
Clearing fees for cash-settled financial derivatives are combined with ASX 24 trading fees,
and range between AUD 0.60 and AUD 1.50 per side depending on the derivative product
cleared. Clearing fees for physically settled securities derivatives range between AUD 2 and
AUD 2.50 per side, with higher fees for physically settled commodity derivatives.
In addition, clearing participants may be charged an annual fee of AUD 10 000.
4.3.2.8 Major ongoing and future projects
As discussed in Section 4.3.1.8, ASX Limited is currently working to harmonise the activities
of its two CCPs.
4.4
Securities settlement systems
Two securities settlement systems licensed to operate in Australia are subject to the
Financial Stability Standards – ASX Settlement and Austraclear; both are subsidiaries of
ASX Limited.39
4.4.1
ASX Settlement
4.4.1.1 Institutional framework
ASX Settlement Pty Limited is a wholly owned subsidiary of ASX Settlement Corporation
Limited, which is itself a wholly owned subsidiary of ASX Limited. As with the ASX Limited
CCPs, responsibility for governance lies across a specific ASX Settlement board and the
ASX Limited Board (see Section 4.1). ASX Settlement was formerly known as ASX
Settlement and Transfer Corporation.
The legal basis for ASX Settlement’s operations is set out in its operating Rules and
Procedures. Under Australian law, these rules have effect as a contract between ASX
Settlement and each of its participants, and between each participant and each other
39
50
A third entity, IMB Ltd, is licensed to settle a small volume of transactions in its own shares.
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participant. The operating Rules and Procedures set out the rights and obligations of
participants and ASX Settlement, including in the event of default or suspension.
The netting arrangements undertaken by ASX Settlement with respect to its participants’
obligations have approval as a protected netting arrangement under the Payment Systems
and Netting Act 1998. This provides certainty for the netting process in the event of the
default of an ASX Settlement participant or a payments provider (see Section 1).
The RBA continually monitors ASX Settlement’s compliance with the Financial Stability
Standard for Securities Settlement Facilities, and publishes formal assessments annually.
ASIC also publishes annual market assessment reports of the ASX Group; these cover,
among other things, the fair and effective provision of services by the licensed clearing and
settlement facilities, and whether the facilities’ licence obligations are met. (See Section 4.1
for a description of the Australian regulatory framework.)
4.4.1.2 Participation
At September 2010, ASX Settlement had 106 participants.
4.4.1.3 Types of transactions
ASX Settlement operates the securities settlement facility for equities and warrants traded on
the ASX market.40
4.4.1.4 Operation of the system
ASX Settlement’s securities settlement system is CHESS.41 Settlements in CHESS occur on
a Model 3 DVP basis, with settlement of participants’ cash obligations and securities
transfers occurring simultaneously upon confirmation that interbank settlement across
ES Accounts at the RBA has taken place as a multilateral net batch.
On business day T+1, CHESS generates a single net batch instruction reflecting the net
position of each participant’s novated trades in each line of stock. Between T+1 and T+3,
participants can also instruct CHESS to include additional non-novated (off-market)
transactions in the batch at T+3. The majority of non-novated transactions are typically
related to the “priming” of clearing participants’ accounts to facilitate settlement of novated
trades.
On T+3, after the cutoff for new settlement instructions, transfer of securities positions is
stopped in CHESS and participants’ “payment providers” are requested to fund the net cash
obligations of settlement participants. Payment providers hold ES Accounts at the RBA and
act on behalf of settlement participants.42 Payment obligations are settled between payment
providers in RITS in a single daily multilateral net batch. Immediately upon confirmation from
RITS that the funds transfers have been settled, ASX Settlement completes the net
securities transfers in CHESS, thus ensuring DVP and final settlement.
40
It also operates a transfer service for a very small number of transactions undertaken on minor regional
exchanges.
41
The ASX Group encompasses a vertically integrated exchange, CCP and settlement system (including the
CSD). CHESS spans both the CCP and the settlement system. Transactions arising from the exchange pass
through the ASX proprietary trading engine via a proprietary message system to CHESS. ASX has added
infrastructure to permit competing exchanges to access its CCP and settlement services (which involves
access to CHESS). CHESS distinguishes between novated and non-novated trades but Model 3 DVP
settlement involves a single net position for each line of stock that represents the net of novated and nonnovated transactions.
42
There were 12 payment providers operating in ASX Settlement at June 2010.
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4.4.1.5 Risk management
Settlement risk in CHESS is mitigated by the use of a Model 3 DVP mechanism. CHESS
settlement is from credit funds only so that ASX Settlement is not exposed to credit risk.
Often delivery of securities occurs at the end of a chain of custodian transfers, a process that
a settlement participant may have limited capacity to control in a global market. En conséquence,
ASX Settlement participants may not be able to ensure that all securities are lodged in the
appropriate accounts prior to settlement. CCPs provide participants with a guarantee against
the default of a participant. They do not, however, guarantee timely settlement. A small
proportion of settlement fails are common in equities settlement systems.
This risk can be mitigated through securities lending arrangements. ASX Settlement does not
feature a centralised securities lending service but all ASX Settlement participants have
standing arrangements with institutional lenders (eg custodians).
If, due to a shortfall of either securities or funds, a participant is unable to settle its scheduled
obligations in the batch, ASX Settlement rules allow for all or some of the transactions of the
affected participant to be “backed out”. These transactions are then rescheduled for
settlement on the next settlement day. ASX Settlement’s back-out process seeks to remove
as few transactions from the batch as possible, maximising settlement values and volumes,
while minimising the spillover to other participants.
To ensure that participants have the proper incentive to avoid settlement fails, ASX
Settlement imposes a fee for failed settlements. Serious or lengthy fails may be referred to
the ASX Disciplinary Tribunal.
Operational risk is mitigated through maintenance of a live backup site. A small core of staff
for key functionality is permanently located at the backup site and procedures ensure that full
migration of personnel to the backup site can occur within two hours. The backup site can be
operated remotely from the primary site.
Settlement participants are required to maintain business continuity arrangements to allow
the recovery of usual operations within approximately two hours following a contingency
un événement.
ASX Settlement regularly tests business recovery arrangements. Connectivity and
procedural testing of the backup site are performed monthly. Live tests (ie where market,
clearing and settlement services are provided in real time from the backup site) are
conducted on a two-year cycle.
4.4.1.6 Links to other systems
ASX Settlement is linked to the ASX Clear CCP. ASX Settlement utilises RITS for cash
settlement between participant banks (see Section 4.4.1.4).
4.4.1.7 Pricing
Combined clearing and settlement fees for transactions settled by ASX Settlement are
described in Section 4.3.1.7.
Settlement participants are also required to pay an annual fee of AUD 5 000 or AUD 10 000,
depending on the type of access they require.
4.4.2
Austraclear
4.4.2.1 Institutional framework
Austraclear Limited is a wholly owned subsidiary of ASX Settlement Corporation Limited,
itself a subsidiary of ASX Limited. Austraclear and ASX Settlement have the same
governance structure and regulatory framework (see Section 4.4.1.1).
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Austraclear’s Regulations are a contract between Austraclear and each of its participants,
and between participants, governed by Australian law. Austraclear is an electronic depository
and securities settlement system for Commonwealth Government Securities and other debt
securities. It is an RTGS feeder system to RITS and is approved under the Payment
Systems and Netting Act 1998. Austraclear provides transfer of securities against
Austraclear cash accounts between a diverse range of participants. Non-bank Austraclear
participants must nominate a “participant bank” that agrees to meet their obligations.
Austraclear RTGS of securities creates interbank obligations that simultaneously settle
across ES Accounts at the RBA on an RTGS basis through RITS.43 Some transactions will
settle solely in Austraclear (ie where two non-bank participants share a common participant
bank).
4.4.2.2 Participation
At September 2010, Austraclear had 729 participants.
4.4.2.3 Types of transactions
Austraclear primarily settles trades executed in the OTC market for fixed income securities,
including government bonds and repos. It also accepts payments instructions for cash
settlement of derivatives transactions and margins.
4.4.2.4 Operation of the system
Austraclear’s key settlement system is EXIGO.
Austraclear settles securities transactions on a Model 1 DVP basis. This involves the
simultaneous transfer of payment and securities obligations between the buyer and seller on
an item-by-item (gross) basis through the settlement cycle. Austraclear also provides for oneway cash transfers between participants, which are settled on an item-by-item (gross) basis.
To settle payments, participant banks hold ES Accounts at the RBA and act on behalf of
other Austraclear participants.44 Settlement of payment obligations occurs between
participating banks across ES Accounts at the RBA on an RTGS basis. A simultaneous
transfer of securities title occurs in Austraclear to complete final settlement.
4.4.2.5 Risk management
Austraclear addresses settlement risk by the use of a Model 1 DVP mechanism.
Operational risk is mitigated through maintenance of a backup site. Key systems offer full
redundancy at both the primary and backup sites.
Austraclear tests backup arrangements quarterly and carries out connectivity and procedural
testing on a monthly basis. Live tests (ie where market, clearing and settlement services are
provided in real time from the backup site) are conducted on a two-year cycle.
Through its Regulations, Austraclear also requires that its participants have appropriate
disaster recovery arrangements.
43
“Participant Bank” is a defined term in the Austraclear Regulations, meaning a participant in RITS with an
ES account at the RBA which has unconditionally agreed to meet obligations on behalf of an Austraclear
participant or participants.
44
At June 2010, 59 participant banks were operating in Austraclear.
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4.4.2.6 Links to other systems
Austraclear has links with two overseas international securities depositories – Euroclear and
Clearstream. These links allow Austraclear participants to hold entitlements to securities held
in those depositories in their Austraclear account. Austraclear also has a link with Central
Moneymarket Unit (CMU), a CSD operated by the Hong Kong Monetary Authority, which
allows CMU participants to settle securities held in Austraclear.
Austraclear is linked to the ASX Clear and ASX Clear (Futures) CCPs. It is a feeder system
to RITS enabling RTGS of cash obligations (see Section 4.4.2.4).
4.4.2.7 Pricing
Transaction fees for settlement of fixed income securities are set at AUD 11 per side, and for
cash transfers at AUD 5 per side.
Participants are also charged annual access fees, ranging from AUD 750 to AUD 5 000
depending on the type of access.
4.4.2.8 Major ongoing and future projects
ASX Limited is augmenting Austraclear’s user functionality and internal operations including
trade management, trade input, corporate action reporting, market repo trade enhancements
and straight through processing. The project is expected to be completed in stages over
2011 and 2012.
4,5
Use of the securities infrastructure by the central bank
The RBA provides liquidity (including intraday) via transactions in eligible securities. Eligible
securities for market operations and intraday repurchase transactions must be lodged in
Austraclear.
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Payment, clearing and
settlement systems in
Brésil
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Contenu
List of abbreviations................................................................................................................59
Introduction .............................................................................................................................61
1.
Institutional aspects.......................................................................................................63
1.1
The general institutional framework .....................................................................63
1.2
The role of the central bank .................................................................................64
Oversight..............................................................................................................64
Provision of settlement services...........................................................................65
Cooperation with other institutions .......................................................................65
1.3
The role of other public and private entities .........................................................65
1.3.1 Financial intermediaries providing payment services .................................65
1.3.2 Other payment service providers ................................................................66
1.3.3 Clearing and settlement service providers..................................................66
1.3.4 Main bodies related to securities and derivatives markets .........................67
2
Payment instruments used by non-banks .....................................................................69
2.1
Cash payments ....................................................................................................69
2.2
Non-cash payments .............................................................................................70
2.2.1 Cheques......................................................................................................70
2.2.2 Credit transfers ...........................................................................................71
2.2.3 Credit cards.................................................................................................71
2.2.4 Debit cards..................................................................................................72
2.2.5 Retailer cards..............................................................................................72
2.2.6 Direct debits ................................................................................................72
2.3
3
Recent developments ..........................................................................................73
Payment systems (funds transfer systems)...................................................................73
3.1
General overview .................................................................................................73
3.2
Large-value payment systems .............................................................................75
3.2.1 Reserves Transfer System (STR)...............................................................75
3.2.2 Funds Transfer System (SITRAF) ..............................................................80
3.2.3 BM&FBOVESPA – Foreign Exchange Clearinghouse ...............................83
3.3
Retail payment systems .......................................................................................85
3.3.1 Cheque Clearinghouse (COMPE)...............................................................85
3.3.2 Deferred Settlement System for Interbank Credit Orders (SILOC).............86
4
Systems for post-trade processing, clearing and securities settlement.........................88
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4.1
General overview ................................................................................................ 88
4.1.1 Regulatory framework ................................................................................ 88
4.1.2 Infrastructure .............................................................................................. 88
4.2
Post-trade processing systems ........................................................................... 91
4.3
Central counterparties and clearing systems ...................................................... 91
4.3.1 OTC Clearinghouse (CETIP) ..................................................................... 91
4.3.2 BM&FBOVESPA – Brazilian Securities, Commodities and Futures
Exchange ................................................................................................... 93
4.4
Securities settlement systems ........................................................................... 100
4.4.1 Special System for Settlement and Custody (SELIC) .............................. 100
4,5
58
Use of securities infrastructure by the central bank........................................... 102
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List of abbreviations
ANBIMA
Brazilian Financial and Capital Markets Association
ANBID
National Association of Investment Banks
ANDIMA
National Association of Financial Market Institutions
BCB
Central Bank of Brazil
BM&FBOVESPA
Brazilian Securities, Commodities and Futures Exchange
BRL
Brazilian Real
CETIP
OTC Clearinghouse
CIP
Interbank Payment Clearinghouse
COMPE
Cheque Clearinghouse
CMN
National Monetary Council
CVM
Securities and Exchange Commission
DOC
Credit Transfer
DVP
Delivery versus payment
ECT
Brazilian Post Office Company
GTS
Global Trading System
MEGABOLSA
BM&FBOVESPA’s Stocks Trading System
PVP
Payment versus payment
RSFN
National Financial System Network
RTGS
Real-time gross settlement
RTM
Market Telecommunication Network
SELIC
Special System for Settlement and Custody
SILOC
Deferred Settlement System for Interbank Credit Orders
SITRAF
Funds Transfer System
STN
National Treasury Secretariat
STR
Reserves Transfer System
TEC
Special Credit Transfer
TECBAN
Banking Technology S.A.
TED
Electronic Funds Transfer
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introduction
Prior to the mid-1990s, changes in the Brazilian payment, clearing and settlement systems
aimed at increasing the speed of processing of financial transactions.1 In the reform carried
out by the Central Bank of Brazil (BCB) in 2001 and 2002, the focus shifted to risk
la gestion. In the scope of this reform, the BCB implemented an RTGS system, known as
the Reserves Transfer System (STR), and also advised the National Congress in its
introduction of important legal changes relating to clearing and settlement systems.2
Furthermore, a new rule was introduced concerning the accounts that financial institutions
hold at the BCB: since 2002, overdrafts have no longer been permitted.3 Hence, a funds
transfer between two settlement accounts is allowed only if there are sufficient funds on the
account of the remitting institution.
As a result of these developments, Brazil now has a national payment system with the
following main features: (i) all large-value funds transfers, including customers’ orders, are
settled in same day funds, typically a few minutes after they are initiated; (ii) securities
clearing and settlement systems provide relatively short settlement cycles (for instance, real
time or T+1 for government securities, depending on the settlement system chosen by the
counterparties); (iii) all clearing and settlement systems settle in central bank money;4
(iv) DVP is observed in all securities settlement systems; (v) a central counterparty is used
for most derivatives, stocks and interbank foreign exchange transactions; (vi) almost all OTC
derivatives and securities transactions must be registered in a centralised system; et
(vii) straight through processing is extensively used in all payment and securities settlement
systems.
As regards institutional aspects, the Payment System Law, enacted in 2001, is the main legal
instrument for the Brazilian payment, clearing and settlement systems. It sets forth, inter alia,
that: (i) the BCB is responsible for defining which clearing and settlement systems are
systemically important;5 (ii) multilateral netting of obligations in a clearing and settlement
system is permitted; (iii) assets posted as collateral to clearing houses cannot be seized
even by judicial order; and (iv) the Bankruptcy Law does not affect the fulfilment of a
participant’s obligations to a clearing and settlement system. Therefore, even in case of a
participant’s bankruptcy, such obligations will be brought to completion and settled in
accordance with the regulations of the relevant system, and the collateral posted by the
defaulting participant will be foreclosed (so that settlement is always carried out irrevocably).
The BCB is empowered by the National Monetary Council (CMN)6 to regulate, authorise and
oversee all Brazilian interbank clearing and settlement systems, regardless of the volume,
value and type of transactions they process. CMN has also set forth principles for the
Brazilian clearing and settlement systems, which are reflected in the corresponding
regulation by the BCB.
1
One reason was that Brazil was then facing chronic inflation of up to 2% per month. Arrangements to help
economic agents preserve their funds against inflation depended on the existence of short settlement cycles,
particularly for inflation-indexed government securities.
2
For further information on these legal changes, see Section 1.1.
3
Since 2002 the BCB has extended to reserve account holders, free of charge, fully collateralised and unlimited
intraday credit.
4
Settlement in central bank money is mandatory for systemically important systems only. In practice, however,
all systems settle in central bank money.
5
For details see Section 1.2.
6
CMN is the government body that sets currency and credit policy, among other responsibilities.
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Payment services are provided mainly through the 33,500 branches of universal and
commercial banks. They are also available through some 120,000 “correspondentes
bancários”. These are non-financial institutions that act as banks’ agents, providing payment
and banking services to people without direct access to the Brazilian banking system.
Regarding payment instruments, electronic instruments have continued to replace cheques
in recent years. The use of TED, a customer-initiated electronic funds transfer order, has
increased steadily, reaching about 300,000 transfers a day at the end of 2009. Credit
transfers via TED are settled in real time or “quasi-real time”, depending on whether they are
settled via STR or SITRAF (Funds Transfer System), respectively.7 As a general rule, a bank
receiving a credit transfer must credit the payee’s account no more than 60 minutes after the
interbank settlement has taken place. After receiving a TED order, the payer’s bank must
forward it to the relevant settlement system within 30 minutes.
STR is the hub of the national payment system, since all Brazilian clearing and settlement
systems settle in central bank money. In addition to STR, domestic interbank funds transfers
can be settled in SITRAF or cleared in SILOC (Deferred Settlement System for Interbank
Credit Orders) before final settlement in STR.8 Cheques are cleared through COMPE
(Cheque Clearinghouse). SITRAF, a private sector-operated RTGS-like system, has been
designated as systemically important. SILOC and COMPE are multilateral netting systems
that are not classified as systemically important. The FX Clearinghouse, a BM&FBOVESPAoperated multilateral netting system designated as systemically important, provides clearing
services for foreign exchange transactions involving the Brazilian real (BRL) and US dollar
(USD). To a large extent, STR and SITRAF share the same technological platform.
For securities transactions, the entity that provides settlement services typically also provides
post-trade processing, as well as acting as a clearing house and as a central depository.
BM&FBOVESPA also acts as a central counterparty for all transactions accepted in its
clearing and settlement systems.9 Hence, the entities providing these services are vertically
integrated. In some cases, the integration also includes the trading environment.10 The
provision of these services, however, shows a certain degree of horizontal segmentation:
SELIC (Special System for Settlement and Custody), the DVP111 securities settlement
system operated by the BCB, settles federal government securities. The federal government
securities transactions can also be settled with multilateral netting through the Debt
Securities Clearinghouse. For its part, the Equity and Corporate Bond Clearinghouse, a
multilateral netting system, clears and settles mainly equity transactions, while corporate
bonds are cleared and settled principally through CETIP (the OTC clearing house).
Finally, it should also be noted that (i) the Brazilian payment card industry is undergoing
important changes aimed at increasing competition, especially on the acquiring side (see
Sections 1.2 and 2.3 for further information); (ii) internet banking is widely used: at the end of
2009 some 35 million sight deposit accounts could be accessed remotely via internet, which
accounted for some 48% of all banking transactions in terms of volume in that year; et
(iii) mobile payments, although nascent in Brazil, may become an important retail payment
channel in the coming years, particularly for people without direct access to the banking
7
SITRAF is an RTGS-like system. Typically, more than 97% of orders are settled in less than one minute.
8
A funds transfer will be settled through a particular system depending mainly on its value, payment purpose,
and the speed requested by the payer.
9
In addition to the FX Clearinghouse, BM&FBOVESPA owns and operates three other clearing houses: Debit
Securities Clearinghouse; Equity and Corporate Bond Clearinghouse; and Derivatives Clearinghouse.
dix
For further information, see Section 4.1.2.
11
DVP: delivery versus payment. For a description of different DVP models, see Committee on Payment and
Settlement Systems, Delivery versus payment in securities settlement systems, Basel, 1992.
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system (given that almost 200 million mobile phones are in use and that most people have
access to one).
1.
Institutional aspects
1.1
The general institutional framework
The Financial System Law, enacted in 1965, regulates the Brazilian financial system. It also
sets out the roles and functions of both the National Monetary Council (CMN)12 and the BCB.
CMN is responsible for currency and credit policy, as well as for the integrity of financial
institutions and instruments. The BCB’s aims encompass the stability of the Brazilian
currency’s purchasing power and the soundness of the financial system. The BCB is
responsible for implementing CMN policy directives and also for licensing and supervising
financial institutions,13 as well as for issuing currency (banknotes and coins) and
administrating currency in circulation.14 The BCB is also authorised to intervene in the
management of a financial institution, put it under special administrative governance or
determine its extrajudicial liquidation.
A CMN resolution of 2001 empowers the BCB to regulate, authorise and oversee all Brazilian
interbank clearing and settlement systems, regardless of volume, value and the type of
transaction processed. In the case of securities clearing and settlement systems,
responsibility for these activities is shared with the Securities and Exchange Commission
(CVM).15 The resolution also sets forth core principles for the Brazilian payment system that
accord with the recommendations contained in the CPSS report Core principles for
systemically important payment systems and the CPSS/IOSCO joint reports
Recommendations for securities settlement systems and Recommendations for central
counterparties.
Enacted in 2001, the Payment System Law is the principal legal instrument underpinning the
Brazilian clearing and settlement systems. It establishes that:

it is the responsibility of the BCB to define which clearing and settlement systems
are systemically important;16

multilateral netting of obligations in a clearing and settlement system is permitted;

the institution responsible for operating a systemically important clearing and
settlement system must act as a central counterparty and adopt measures and
safeguards that ensure the settlement of the relevant transactions;

assets posted as collateral to clearing houses17 cannot be seized even by judicial
order; et
12
CMN comprises the Minister of Economy, the Minister of Planning and the President of the BCB.
13
According to law, financial institutions are public or private legal entities whose main or complementary activity
is the collection, intermediation, and investment of their own financial resources or those of third parties in
national or foreign currency, and custody of securities.
14
The BCB has the sole right to issue banknotes and coins.
15
Clearing and settlement systems for government securities and bank-issued bonds are under the sole
supervision of the BCB.
16
See Section 1.2 (BCB oversight) for information on criteria used by the BCB to designate a clearing and
settlement system as systemically important.
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
the Bankruptcy Law does not override a participant’s obligations to a clearing or
settlement system. Thus, even in the event of a participant’s bankruptcy, such
obligations will be brought to completion and settled in accordance with the
regulations of the relevant system, and collateral posted by the defaulting participant
will be foreclosed (settlement is always carried out irrevocably).
For all transactions (funds transfers, securities, derivatives and foreign exchange), settlement
finality is addressed by the BCB’s provisions governing the functioning of the Brazilian
clearing and settlement systems. In Brazil, all clearing and settlement systems settle in
central bank money. Hence, settlement finality for all these systems is determined when the
relevant financial positions are settled by STR.18
Cheques are regulated according to the general principles of the Geneva Convention.19
Financial relationships between economic agents, including issues related to funds transfers,
clearing and settlement of obligations, are contractual relationships. Contracts are subject to
the provisions of the Civil Code, the so-called White Collar Law, which addresses crimes
against the national financial system, and the Payment System Law. In addition, the
Consumer Protection Law governs the relationship between financial institutions and their
customers.
1.2
The role of the central bank
Oversight
A CMN resolution states that the BCB has the responsibility for promoting the soundness,
normal functioning and improvement of the Brazilian payment system. The BCB is also
responsible for authorising and overseeing clearing and settlement systems, including those
that settle securities, foreign exchange and derivatives transactions.20 Additionally, the
Payment System Law mandates to the BCB the task of defining which clearing and
settlement systems are systemically important.
The BCB, in its capacity of regulating the functioning of clearing and settlement systems, has
ruled that:

systemically important clearing systems must settle their net positions directly in
accounts held at the BCB;

all systems clearing and settling securities and other financial assets, including
foreign currency and financial derivatives, are considered as systemically important,
as well as funds transfer and cheque clearing and settlement systems with average
daily turnover higher than 4% of the STR average daily turnover, or that, in the
17
In Brazil, a central counterparty is always the entity operating the relevant securities clearing and settlement
système. Therefore, this provision is also applicable in case of a central counterparty.
18
In the case of SITRAF, an RTGS-like system whose settlement accounts are funded with central bank money
pre-deposits (see Section 3.2.2.4 for details), finality occurs intraday.
19
Cheque Law, enacted in 1985.
20
Systems that settle securities are under the joint supervision of BCB and CVM (systems settling government
securities and bank-issued securities, however, are overseen by the BCB exclusively). In any case, aspects
related to systemic risk are assessed solely by the BCB.
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BCB’s judgment, have the potential to pose a risk to the smooth functioning of the
national payment system;21

the maximum settlement lag should be: (i) at end of day for systemically important
funds transfer systems; (ii) one business day for spot transactions with securities
(except stocks); and (iii) three business days for transactions with stocks carried out
on stock exchanges. The settlement deadline in any other situation is established by
the BCB, which examines each particular case; et

clearing houses should maintain net worth consonant with their risk exposure, with a
minimum of BRL 30 million for systems considered systemically important and
BRL 5 million for systems that are not considered systemically important.22
Provision of settlement services
The BCB operates both the funds transfer system STR (see Section 3.2.1) and the
government securities settlement system SELIC (see Section 4.4.1). No retail payment
system is operated by the BCB. In Brazil, a bank that takes sight deposits from the public is
legally disbarred from holding a sight deposit account at another bank. Therefore, except for
payments made in cash or those between customers of the same bank, all payments are
settled in central bank money. Furthermore, as established by the Federal Constitution, the
BCB is the exclusive depository of National Treasury funds. To ensure the smooth operation
of the national payment system, the BCB extends fully collateralised and unlimited intraday
credit, free of charge, to holders of reserve accounts.
Cooperation with other institutions
The BCB and CVM share responsibility for the oversight of securities settlement systems.
Additionally, the BCB has cooperated with certain competition and consumer authorities
– the Ministry of Justice’s Secretariat of Economic Law and the Ministry of Finance’s
Secretariat for Economic Monitoring23 – to increase competition in the Brazilian payment card
industry.
The BCB also participates in the COMPE Group and the National Payment System
Management Committee. The former deals with cheque clearing issues while the latter is an
informal consultative group on the payment system comprising representatives from clearing
and settlement systems, and bankers’ associations. The BCB also coordinates technical
groups related to the National Financial System Network (RSFN), a privately owned
telecommunications network that is mainly used to access STR and SITRAF.
1.3
The role of other public and private entities
1.3.1
Financial intermediaries providing payment services
The institutions that provide payment services are universal banks, commercial banks,
savings banks, cooperative banks and credit unions. All are authorised and supervised by
the BCB. These institutions offer sight deposit accounts, which are the main type of
21
To evaluate this potential, the BCB uses a methodology that aims to measure the possibility of contagion
among participants of a clearing and settlement system in case of a participant default. The relevant
methodology is publicly disclosed.
22
USD 1.00 = BRL 1.7412 at end-2009.
23
This joint work was carried out under the umbrella of a 2006 technical cooperation memorandum.
CPSS – Red Book – 2011
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accounts used by firms and households to make payments.24 At the end of 2009, there
were some 1,500 institutions of this type, with 33,500 branches, and 134 million sight
deposit accounts.
1.3.2
Other payment service providers
In addition to the aforementioned financial intermediaries, “correspondentes bancários”
– some 120,000 at the end of 2009 – play an important part in providing payment services.
These are non-financial institutions that act as agents for banks25 by offering banking and
payment services to customers with no direct access to the Brazilian banking system. ECT,
the Brazilian Post Office, is an important correspondente bancário that provides payment
services in many municipalities without bank branches.
Payment card companies also play an important role in the national payment system. le
main international brands operating in Brazil are Visa, MasterCard and American Express.
Hipercard and Cheque Eletrônico are the main domestic brands. Visa and MasterCard,
which are organised as four-party schemes, provide both credit and debit cards. américain
Express and Hipercard, both three-party schemes, offer credit cards only. For its part,
Cheque Eletrônico offers debit cards only. On the acquiring side of the payment card market,
the main participants are the Brazilian Company for Means of Payment (Cielo) and
Redecard S.A. (Redecard), which are domestic companies controlled by Brazilian banks.
They operate the two largest POS networks in Brazil, accounting for more than 90% of
payment card transactions.
Both the debit card scheme Cheque Eletrônico and the shared ATM network Banco24Horas
are operated by Banking Technology S.A. (TECBAN), which is owned by a consortium of
Brazilian banks. For its part, Telefônica S.A. is a telephone network operator that provides
Oi Paggo, the most widely used mobile-based payment service.
1.3.3
Clearing and settlement service providers
The table below summarises information on the Brazilian clearing and settlement service
providers.
24
Payments can generally also be made directly from savings accounts (about 91 million accounts at end-2009).
However, this typically excludes the use of cheques and debit cards, which are only offered on sight deposit
accounts.
25
Typically, correspondentes bancários are post offices, lottery vendors, supermarkets, drugstores and other
small retail outlets.
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Table 1
Providers of clearing and settlement services
Entité
Form of
constitution
La possession
Systèmes
opéré
Main items
cleared/settled
Section
CIP – Interbank
Paiement
Clearinghouse
Non-profit
civil
association
Domestic
banques
SITRAF
Credit transfers
3.2.2
SILOC
Credit transfers;
interbancaire
payments related
to some card
schémas
3.3.2
Banco do Brasil
For-profit
entreprise
Federal
gouvernement
and several
domestique et
étranger
investisseurs
COMPE
Cheques
3.3.1
CETIP S.A. –
Organised OTC
Market for
Securities and
Dérivés
For-profit
entreprise
Nombreuses
domestique et
étranger
investisseurs
OTC
Clearinghouse
Corporate bonds
and OTC
dérivés
4.3.1
BM&FBOVESPA
For-profit
entreprise
Nombreuses
domestique et
étranger
investisseurs
FX
Clearinghouse
Interbank foreign
échange
transactions
3.2.3
Equity and
D'entreprise
Bond
Clearinghouse
Equities and
corporate bonds
4.3.2.1
Debt Securities
Clearinghouse
Gouvernement
titres
4.3.2.2
Dérivés
Clearinghouse
Mainly exchangetraded
dérivés
4.3.2.3
1.3.4
Main bodies related to securities and derivatives markets
1.3.4.1 Securities and Exchange Commission (CVM)
CVM, which was created by the Securities Market Law in 1976, is an independent regulatory
body with nationwide authority over securities and derivatives markets. Besides regulating
and enforcing the related laws and its own rules, CVM is empowered to investigate and to
sanction market participants, including exchanges, OTC market operators, issuers,
intermediaries, custodians, central depositories, asset managers and investment funds.
Together with the BCB, CVM authorises and oversees securities settlement systems
(systems settling either government securities or bank-issued securities are authorised and
overseen by the BCB exclusively).
The institution is run by a board of five members, all appointed by the President of Brazil and
approved by the Federal Senate for alternate five-year terms. CVM is a member of
international organisations such as the International Organization of Securities Commissions,
CPSS – Red Book – 2011
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Brésil
the Emerging Markets Committee Advisory Board, and the Council of Securities Regulators
of the Americas.
1.3.4.2 Brazilian Financial and Capital Markets Association (ANBIMA)
Founded in October 2009, ANBIMA was created by the merger of the former National
Association of Investment Banks (ANBID) and the former National Association of Financial
Market Institutions (ANDIMA). The new entity represents more than 300 members including
universal, commercial and investment banks, asset managers, securities brokers and
dealers, and investment advisers.
Since 1998, ANBIMA (previously ANDIMA and ANBID) has created and instituted codes of
regulation and best practice by which market participants themselves set regulatory
standards. In addition to raising operational standards, self-regulation aims to instil
transparency into the Brazilian financial and capital markets. To carry out this activity, the
entity counts on several market committees, most of which consist of external members, thus
ensuring independence.
ANBIMA (previously ANDIMA) implemented the SELIC system in 1979, in cooperation with
the BCB. It also played an important part in the implementation of the CETIP system in 1986.
Furthermore, ANBIMA operates the Market Telecommunication Network (RTM), which
interconnects hundreds of financial institutions and data providers via a dedicated highspeed optical fibre network for data, voice and image.
1.3.4.3 BM&FBOVESPA Group
The Brazilian Securities, Commodities and Futures Exchange (BM&FBOVESPA) is the only
stock and derivatives exchange in Brazil. It was created in 2008 by the merger between the
former São Paulo Stock Exchange, founded in 1890, and BMF&F S.A., the former Brazilian
Mercantile & Futures Exchange, founded in 1986. BM&FBOVESPA provides a fully
electronic trading environment through order-driven systems that give direct market access
to both retail and institutional investors, including co-location facilities.26 It offers a complete
set of financial and commodities products in the cash, futures and options markets.
BM&FBOVESPA also operates the FX Clearinghouse, the Equity and Corporate Bond
Clearinghouse, the Debt Securities Clearinghouse and the Derivatives Clearinghouse (see
Sections 3.2.3, 4.3.2.1, 4.3.2.2 and 4.3.2.3, respectively, for further information).
Furthermore, it acts as a central counterparty for all these clearing houses, and also as a
central depository for stocks and some corporate bonds.
The BM&FBOVESPA Settlement Bank and the BM&FBOVESPA Supervision of Markets
(BSM) are subsidiaries of BM&FBOVESPA. The former provides custody and settlement
services to all exchange participants. The latter is the self-regulatory organisation for the
BM&FBOVESPA markets.
BSM is also responsible for managing the Investor Indemnification Mechanism to which
investors can make claims for the reimbursement of losses from fraud, bad order execution
or other cases of participant misconduct. The BSM’s self-regulation committee comprises
eight members, five of whom are external to BM&FBOVESPA Group.
26
68
Co-location is a direct connection to the exchange whereby customer orders can be entered into the trading
systems without using the technological infrastructure of brokerage houses. These orders are generated
through a software application installed on a computer that is hosted in premises made available by
BM&FBOVESPA.
CPSS – Red Book – 2011
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1.3.4.4 CETIP S.A. – Organised OTC Market for Securities and Derivatives
In addition to providing depository, clearing and settlement services related mainly to
corporate bonds, bank-issued securities and derivatives (see Section 4.3.1), this entity also
provides the CETIPNET electronic trading platform.
As a self-regulated institution, CETIP supervises participants to ensure compliance with laws
and regulations. Self-regulation is conducted by means of an independent structure, with
management autonomy, that is also responsible for supervision in markets served by CETIP.
2
Payment instruments used by non-banks27
2.1
Cash payments
Cash payments are used in everyday purchases and other small-value transactions. Ils
account for 77% of payments made by individuals, according to a 2007 BCB survey. At the end
of 2009, the total amount of currency in circulation was about BRL 131.9 billion, of which
approximately BRL 128.5 billion was in banknotes and BRL 3.4 billion in coins. Banknotes are
issued in six denominations (BRL 2, 5, 10, 20, 50 and 100),28 and coins in six denominations
(BRL 0.01, 0.05, 0.10, 0.25, 0.50 and 1).29 Both banknotes and coins are legal tender in Brazil,
but the acceptance of coins as a payment instrument is mandatory only up to 100 units of each
denomination. From 2005 to 2009, currency held by the public accounted for an average
39.8% of the M1 monetary aggregate, as shown in the table below.
Table 2
Share of currency held by the public in
the M1 monetary aggregate (end of year)
Année
Currency held by the public
(BRL billions)
M1 (BRL billions)
in % of M1
2005
58.3
144.8
40.3
2006
68.9
174.4
39.5
2007
82.3
231.4
35.6
2008
92.1
223.4
41.2
2009
105.5
248.1
42,5
Moyenne
39.8
27
All economic agents excluding institutions accepting sight deposits.
28
Until a few years ago, BRL 1 banknotes were also issued (some remain in circulation and continue to be legal
tender).
29
The BCB has the sole right to issue banknotes and coins.
CPSS – Red Book – 2011
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2.2
Non-cash payments
Non-cash payments are made mainly by means of credit transfers, payment cards, direct
debits and cheques. The following chart shows the share of each payment instrument in
2009.
Chart 1
Use of payment instruments in 20091
Valeur
Cheque
9%
Volume
Cheque
7%
Crédit
transfert
40%
1
Paiement
carte
29%
Paiement
carte
1%
Direct
débit
19%
Direct
débit
24%
Crédit
transfert
71%
Payment cards do not include retailer cards.
2.2.1
Cheques
Cheques continue to be an important payment instrument in Brazil,30 although their use has
declined in recent years owing to substitution by payment cards and credit transfers.
Cheques are standardised in format and carry magnetic ink character recognition (MICR)
encoding so that basic data can be read automatically. A cheque can only be presented on a
sight deposit account. Typically, cheques are still physically presented to the drawee bank,
although they can be truncated where previously agreed between banks.
The interbank settlement of a cheque occurs on T+1, with the exact process varying
according to the cheque’s value.31 The payer’s and payee’s accounts are respectively
debited and credited as follows:

the payer’s account is debited on the night of T in the case of “over-the-limit”
cheques,32 or on the night of T+1 in the case of “below-the-limit” cheques; et

the payee’s account is credited on the night of T+1 in the case of “over-the-limit”
cheques, or on the night of T+2 in the case of “below-the-limit” cheques.
In 2009, approximately 1.8 billion cheques were written, amounting to some BRL 2.5 trillion
(an average of about BRL 1,400 per cheque), against 2.5 billion cheques in 2005, amounting
to BRL 2.2 trillion.
30
The practice of post-dating cheques as a means of postponing payment, as may be agreed between the payer
and payee, is customary but not supported by the Cheque Law.
31
As of 18 February 2005, cheques whose values are equal to or larger than a reference value (currently
BRL 250,000) are settled bilaterally among banks, without netting, through STR. Cheques with lower values
are settled by multilateral netting in a specific clearing system (COMPE).
32
Cheques with a value equal to or larger than a reference value (currently BRL 299.99). Conversely, “belowthe-limit” cheques are those having a value below this reference value.
70
CPSS – Red Book – 2011
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2.2.2
Credit transfers
In Brazil, interbank credit transfers that can be ordered by non-banks include Electronic
Funds Transfer (TED), Credit Transfer (DOC), Special Credit Transfer (TEC) and those
related to “bloquetos de cobrança”.33 These credit transfers are non-paper-based, and differ
in terms of (i) settlement cycle and, as a consequence, the value date for the beneficiary;
(ii) the value of the transfer;34 and (iii) the nature of the beneficiary’s account (in the case of
TEC, the beneficiary’s account is typically a salary account).
In the case of both TED and TEC, the beneficiary’s account receives same day value (in the
case of TED, typically a few minutes after the transfer is initiated by the payer). Dans le cas de
DOC, funds are made available in the beneficiary’s account on the morning of the following
day (T+1), while in the case of bloquetos de cobrança the availability of funds in the
beneficiary’s account will depend on the terms of the agreement between the beneficiary and
its financial institution. For intrabank credit transfers, the remitter’s account is debited and the
receiver’s account simultaneously credited at the moment the transfer is initiated.
A credit transfer can be initiated either by the remitter through an electronic channel (ie ATM
terminals, personal computers and mobile phones),35 or by a bank cashier on behalf of the
remitter. In 2009, some 7.2 billion credit transfers were made, amounting to about
BRL 18.6 trillion (an average of BRL 2,600 per transaction). From 2005 to 2009, the volume of
credit transfers increased by about 50%, or 10.7% per annum. Over the same period, the use
of TED, which is settled in real time or “quasi-real time” depending on whether it is settled in
STR or SITRAF, has steadily increased, posting average annual growth rates of 15.4%.
Various systems are used for the interbank settlement of credit transfers: STR or SITRAF, at
the discretion of the sending bank, for TED; SILOC for DOC, TEC and most bloquetos de
cobrança (those with a value larger than BRL 5,000 are settled bilaterally through STR).
2.2.3
Cartes de crédit
Although credit cards were introduced to Brazil as early as 1956, they became an important
payment instrument only in the 1990s. Their widespread adoption has been accelerated by
the elimination of certain restrictions, such as the ban on paying for fuel purchases with a
credit card, and the abolition of the “private label” requirement that, until 1996, prevented an
issuing bank from operating more than one brand.
In Brazil, credit card holders pay no interest if they pay the invoice in full on the next due
rendez-vous amoureux. On average, cardholders are given a grace period of 28 days. Visa, MasterCard,
American Express and Hipercard36 are the main brands issued and accepted in Brazil.37
The number of credit cards increased from 67.5 million in 2005 (an average of one card per
2.7 Brazilians) to 152.3 million in 2009 (an average of one card per 1.3 Brazilians),
representing an increase of 125.6% over the period or an annual average growth rate of
22.6%. In 2009, around 2.8 billion credit card transactions were made, amounting to about
33
Bloquetos de cobrança are bar-coded payment slips that allow bills to be paid in any bank. The related funds
transfers are usually electronic.
34
By agreement among the Brazilian banks, TED is used for transfers larger than BRL 3,000, but those related
to stock exchange transactions do not observe this minimum value. DOC and TEC are only used for transfers
lower than BRL 5,000.
35
Internet banking and ATM terminals are widely used in Brazil. Together, they accounted for some 78% of all
banking transactions in 2009.
36
Hipercard is a domestic brand.
37
Visa and MasterCard are organised as four-party schemes, while American Express and Hipercard are threeparty schemes.
CPSS – Red Book – 2011
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BRL 254.1 billion (an average value of BRL 92 per transaction). From 2005 to 2009, credit
card transactions increased by about 85.0% (an annual growth rate of 16.6%).
Various different approaches are used for interbank settlement, as there is no central
clearing system for all payment cards. MasterCard, for instance, settles participating banks’
net positions through SILOC, while banks participating in the Visa scheme settle obligations
arising from card payments in SITRAF. As for three-party schemes, the respective licensed
bank receives payments from the cardholders mainly via SILOC, while payments to
merchants usually involve intrabank payments (retailers participating in a three-party scheme
typically hold an account at the relevant licensed bank).
2.2.4
Debit cards
Debit cards are typically issued as bank cards. Most include credit and cash withdrawal
functions too.38 The debit card brands issued in Brazil are Visa Electron, MasterCard Maestro
and the domestic Cheque Eletrônico brand. In a debit card transaction, the payer’s account
is usually debited at purchase, while the merchant’s account is typically credited on T+1 or
T+2 depending on the agreement between the merchant and the respective acquirer.
In 2009, around 2.3 billion debit card payments were made, amounting to a total of about
BRL 121.5 billion, with an average value of BRL 53 per transaction. From 2005 to 2009, the
number of debit cards increased from 163.9 million (an average of 0.9 cards per capita) to
221.5 million (1.6 cards per capita), which is equivalent to a growth rate of about 35.1% (or
7.8% annually). In the same period, debit card payments increased by around 102.5% in
terms of volume (or 19.3% annually).
For interbank settlement, MasterCard and Visa use the approaches described at the end of
Section 2.2.3. The net positions of banks participating in the Cheque Eletrônico scheme are
settled through SILOC.
2.2.5
Retailer cards
Mainly issued by large retailers, retailer cards can be used only at the shops of the
sponsoring group, ie as in-store credit cards. Typically, cardholders can settle their
outstanding balances 1–2 months after a purchase or pay it down in instalments generally
without paying interest. As remote payment methods are not available for the settlement of
retailer card debt, cardholders have to make payment at the shop by means of cash, cheque
or debit card.
The number of retailer cards rose from 97.5 million in 2005 to 196.5 million in 2009,
equivalent to an increase of 101.1% over the period (or 19.1% annually). In 2009, around
1.1 billion retailer card transactions were made, amounting to some BRL 59.5 billion (an
average value of some BRL 54 per transaction). From 2005 to 2009, retailer card
transactions increased by about 98.3% in terms of volume (or 18.7% annually).
2.2.6
Direct debits
Direct debits are normally used for recurring payments such as utility bills (ie water, electricity
and telephone). For such payments, the payer preauthorises his bank to accept funds
transfers initiated by the payee. A few days before the payment is due the payee sends the
invoice to the payer to be checked. If there are no objections the payer’s account is
automatically debited on the due date and the payee’s account credited. The authorisation is
usually valid indefinitely; direct debits therefore continue to be automatically executed until
cancelled.
38
72
The same payment card can be used as debit card or credit card.
CPSS – Red Book – 2011
Brésil
Most direct debits are met via intrabank payments. Interbank direct debits are cleared by
TECBAN and settled through SILOC. In 2009, around 4.3 billion direct debit transactions
were made, amounting to about BRL 5,081.5 billion.
2.3
Recent developments
In 2009, the Brazilian banks together with CIP implemented the so-called Authorised Direct
Debit (DDA). Despite its name, the service basically allows bloquetos de cobrança39 to be
electronically presented to the debtors. Payment can be made either via direct debit or an
individual credit transfer. The new process is likely to increase the use of interbank direct
debits in Brazil, as direct debits are currently used mainly for intrabank payments.
Meanwhile, the Brazilian payment card industry is undergoing important changes aimed at
improving competition among its participants, especially on the acquiring side. Celles-ci
changes are driven mainly by the joint work of the BCB with competition and consumer
authorities. One such innovation is the abolition of an exclusivity clause which prevented
merchants from entering into a relationship with more than one acquirer per payment card
scheme. Today, merchants can use a single POS terminal to capture transactions from any
payment card brand.
Internet banking is widely used: at the end of 2009 some 35 million sight deposit accounts
could be accessed remotely via internet. In that year, this access channel accounted for
some 48% of all banking transactions. For their part, mobile payments, now at a nascent
stage, are likely to become an important retail payment channel in coming years, especially
for people without direct access to the banking system (some 200 million mobile phones are
in use in Brazil and most people have access to one). Currently, Oi Paggo, operated by
Telefônica S.A., is the best-known mobile payment scheme.
3
Payment systems (funds transfer systems)
3.1
General overview
STR is the designated hub of the Brazilian payment system for the following reasons:

all banks are legally obliged to deposit available funds in accounts held at the BCB;
et

BCB rules specify that:
-
the net positions of systemically important clearing systems must be settled in
central bank money;40
-
all funds transfers between accounts held at the BCB must be made through
STR.
The following diagram shows the links between STR and all other Brazilian clearing and
settlement systems.
39
See footnote 33.
40
In practice, all non-systemically important clearing and settlement systems also settle in central bank money,
even though this is not mandatory.
CPSS – Red Book – 2011
73
Brésil
Diagram 1
Overview of the Brazilian clearing and settlement systems
Central Bank
of Brazil
CIP-Interbank Payment Clearinghouse
SITRAF
Funds transfers
SILOC
Funds transfers
COMPE
SELIC
Cheques
Gouvernement
titres
CETIP
Corporate bonds;
gouvernement
securities; swaps;
autres
STR
Funds
transferts
RSFN
National Financial
System Network
Equity & CB
Clearinghouse
Stocks; entreprise
bonds; options
BM&FBOVESPA
FX
Clearinghouse
Settlement
comptes
Dérivés
Clearinghouse
Debt Securities
Clearinghouse
Commodities;
futures; swaps
Gouvernement
titres
Interbank FX
transactions
In addition to STR, domestic interbank funds transfers can also be settled by means of
SITRAF, or they can be cleared by SILOC before final settlement in STR.41 Cheques are
cleared through COMPE. SITRAF is a hybrid (RTGS-like) settlement system that is
considered systemically important and, like STR, allows intraday funds transfers. SILOC and
COMPE are non-systemically important multilateral netting systems. For its part, the FX
Clearinghouse, which is designated as systemically important, provides clearing services for
foreign exchange transactions involving BRL and USD. To a large extent, STR and SITRAF
share the same technological platform.
41
74
Funds transfers are settled through a particular system (STR, SITRAF or SILOC) mainly on the basis of their
value, the purpose of the payment and the speed requested by the remitter.
CPSS – Red Book – 2011
Brésil
As a general rule, the bank receiving a credit transfer (TED, TEC or DOC) must credit the
payee’s account no more than 60 minutes after the interbank settlement has taken place. UNE
further rule applies to TED: after receiving an order, the payer’s bank must forward it to the
settlement system (STR or SITRAF) within 30 minutes.42
The smooth functioning of the national payment system depends particularly on the following
factors:

by means of repo transactions with Brazilian government securities, the BCB
extends, free of charge, fully collateralised and unlimited intraday credit to banks
holding reserve accounts;

end-of-day balances are used to verify banks’ compliance with reserve
requirements. Thus, in the course of a business day, these balances serve as a
source of liquidity to settle obligations in STR;

should a gridlock arise, the BCB can activate the STR’s optimisation routines in
order to improve system liquidity and settlement efficiency.
Payments clearing and settlement systems are regulated and overseen by the BCB
according to principles set by the CMN. Systemically important clearing and settlement
systems, as designated by the BCB, must offer settlement certainty and maintain minimum
standards of availability43 and capital.
The clearing and settlement systems are regulated by the Payment System Law. In addition,
the legislation mentioned in Section 1.1 regulates payment instruments and the relationship
between customers and payment service providers as well as the finality and irrevocability of
settlement.
3.2
Large-value payment systems
3.2.1
Reserves Transfer System (STR)
3.2.1.1 Institutional framework
STR, whose regulations are publicly disclosed, is owned and operated by the BCB.44
3.2.1.2 Participation
Participation in STR is mandatory for banks that hold reserve accounts at the BCB45 and for
entities that operate systemically important clearing and settlement systems. Institutions that
are permitted rather than obliged to participate in STR include non-banks, such as credit
unions and brokerage houses, and entities operating non-systemically important clearing and
settlement systems. The National Treasury Secretariat (STN) also participates in the system,
since STR settles funds transfers related to the collection of income taxes and payments for
42
The rule is applicable to funds transfer orders that are settled on the same day.
43
Availability for a given clearing and settlement system is measured by the availability index for the last
12 months, which is the ratio comparing the total time the system actually was available for participants’
access with the total time that it should have been available.
44
The system went live on 22 April 2002.
45
Reserve accounts are mandatory for commercial banks, universal banks with a commercial bank portfolio and
savings banks, but optional for investment banks and foreign exchange banks. The reserve accounts are used
as settlement accounts for funds transfers settled through STR.
CPSS – Red Book – 2011
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the federal government. In December 2009, STR had 138 participants (135 banks and three
clearing house operators), in addition to the BCB and STN.46
3.2.1.3 Types of transactions
STR participants can execute funds transfers of unlimited value on their own or a customer’s
behalf for credit to the account of another participant or its customer. The system plays a
central part in settling monetary policy operations, interbank transactions that support the
money, capital and foreign exchange markets, and the netting payments of clearing houses.
STR accepts credit orders only.47
Cheques with a value exceeding the so-called VLB-Cheque,48 a reference value currently set
by the BCB at BRL 250,000, are also settled through STR, as well as payments relating to
bloquetos de cobrança49 that exceed the “VLB-Cobrança” (set by the BCB at BRL 5,000). Dans
both cases, settlement is made between banks on a bilateral gross basis.
3.2.1.4 Operation of the system and settlement procedures
STR is a real-time gross settlement system. Technical access to the system can be made
through either the National Financial System Network (RSFN)50 or the internet.51 RSFN has a
proprietary messaging protocol based on the XML message standard format. For access via
internet, the STR-Web application is used. Typically, banks, clearing houses and the
National Treasury Secretariat use RSFN as the primary access channel with internet as a
backup. Non-bank financial institutions can use either RSFN or the internet as their primary
access channel. Diagram 2 shows the STR’s general technical framework.
Participants can choose between four different priority levels for a funds transfer order. le
highest is reserved for funds transfer orders for withdrawals and deposits made by banks at
the BCB, and for the settlement of clearing house net positions. Transfer orders that do not
specify a priority are classified by STR at the lowest level.
A funds transfer order is submitted for settlement as soon as it is received by the system, but
it is queued if (i) the remitter has insufficient funds on its settlement account, or (ii) other
queued funds transfer orders from the same participant carry an equal or higher priority level.
Queuing is not applicable to funds transfer orders related to SELIC (Section 4.4.1) or to
orders sent by entities that operate clearing and settlement systems. In these cases, STR
immediately rejects the order if funds are insufficient.
46
In practice, non-bank financial institutions began to participate in STR in the second quarter of 2010.
47
All funds transfers must be individually authorised by the holder of the account to be debited.
48
VLB is the Portuguese abbreviation for “Reference value for gross settlement”.
49
See footnote 33.
50
RSFN is the financial system network that carries message flow through the Brazilian payment system. Il est
used by financial institutions mainly to access STR and SITRAF. From an operational standpoint, RSFN is
underpinned by two independent telecommunication networks. Each operates as a backup service for the
other, and both networks meet stringent security, availability and reliability criteria set by the BCB.
51
Telephone access is also possible as a contingency measure.
76
CPSS – Red Book – 2011
Brésil
Diagram 2
STR technical framework
Central Bank of
Brésil
RSFN
Banks
Provider I
STR
Settlement
comptes
C
E
N
T
E
R
Clearing houses
1
RSFN
Optical fibre
cables (two
indépendant
networks)
STR
Settlement
comptes
C
E
N
T
E
R
Provider II
National Treasury
Secretariat
l'Internet
(STR-Web)
Non-bank
financier
institutions
2
Queued orders are arranged in the following order: (i) by participant; (ii) by preference level;
and – in case of equal priority level – (iii) in order of when they were entered into STR. Dans
general, a queued order cannot be settled before a preceding one, ie the settlement occurs
on a FIFO (first in first out) basis. In order to avoid gridlock situations in the payments flow,
the BCB can activate, if and when it judges necessary, a routine to optimise the settlement
process. Settlement is considered final, ie irrevocable and unconditional, at the moment the
funds are credited to the relevant settlement account. The receiving participant is notified of
the transfer immediately on settlement.
STR is open for settlement of transactions on business days from 06:30 to 18:30 (Brasilia
time),52 but funds transfers on behalf of customers are only permitted until 17:30. The STR
settlement schedule, with the main events, is shown in the following chart.
52
Participants can access the system until 23:59 for transaction-related information including their settlement
account balances. The cutoff time for funds transfer orders for settlement on a future date will soon be
extended to 23:59.
CPSS – Red Book – 2011
77
Brésil
78
Chart 2
STR schedule (Brasília time)
Ouverture
SITRAF – pre-deposits
SILOC – first session
Closure
SITRAF – complementary cycle
COMPE – second session
COMPE – first session
SITRAF – primary cycle
SILOC – second session
Debt Securities Clearinghouse
Equities&CB Clearinghouse
Derivatives Clearinghouse
FX Clearinghouse
CETIP
6:30 am 7
8
9
dix
11
12
1pm
2
CPSS – Red Book – 2011
Funds transfers on behalf of customers
CETIP’s RTGS transactions
Intraday credit (repo)
Funds transfers on behalf of the participant; SELIC transactions
3
4
5
6
6:30 pm
Brésil
3.2.1.5 Risk management
The basic rules of the system, as listed below, prevent credit or liquidity risk arising between
the sending bank and the receiving bank: (i) once a funds transfer order is debited to the
sending bank’s account and credited to the receiving bank’s account, settlement is final,
ie unconditional and irrevocable; (ii) a funds transfer order is released by the system only if
the remitting bank has sufficient funds in its settlement account; and (iii) the receiving bank is
notified of any funds transfer order only after it is settled by the system, so that it cannot
count on liquidity related to funds transfers that are not yet settled.
To increase participants’ liquidity and, hence, avoid a gridlock situation, the BCB uses repo
transactions to extend, free of charge, unlimited intraday credit to institutions holding reserve
accounts. Participating banks use this facility frequently, as shown in the table below.
Tableau 3
Use of Central Bank of Brazil intraday credit (daily average)
1
Année
Total value (BRL billions)
Number of transactions1
2005
56.4
486
2006
66.6
531
2007
64.0
476
2008
47.2
389
2009
48.0
294
Rounded number.
Operational risks are mitigated through the use of two operational centres (the secondary
centre operating in hot standby mode), a dual telecommunications network and existing
contingency access channels. As a systemically important settlement system, the STR’s
technical infrastructure is designed to achieve an availability index of 99.8%. Operations can
be recovered, if disrupted, in no more than 30 minutes.
3.2.1.6 Pricing
The STR pricing policy aims at full cost recovery, ie fees are charged to cover all costs, both
fixed and variable. Fees are typically charged per transaction; participants pay neither a signup nor an annual fee. For a typical funds transfer order, the remitting participant pays from
BRL 0.11 to BRL 0.88 depending on when the order is sent to the system (earlier orders are
subject to lower fees), while the receiving participant always pays BRL 0.44 per order. Pour
participants using the internet as their main access channel, a monthly charge is also
payable (BRL 500, BRL 2,000 or BRL 4,000, depending on the participant’s monthly volume
of funds transfer orders).
3.2.1.7 Major ongoing and future projects
All non-bank financial institutions were granted direct access at the end of 2009. Some new
participants, mainly credit unions and brokerage houses, started participating in the system
from the second quarter of 2010.
The following new facilities are currently being implemented: (i) automated liquidity saving
mechanisms; and (ii) the capability for funds transfer orders to be scheduled for settlement at
a specific future date and/or time.
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3.2.2
Funds Transfer System (SITRAF)
3.2.2.1 Institutional framework
SITRAF is owned and operated by CIP (see Section 1.3.3),53 and overseen solely by the
BCB. It complies with the BCB’s rules for Brazilian clearing and settlement systems.
3.2.2.2 Participation
Direct participation is open to all institutions holding a settlement account at the BCB. le
system had 89 participants as at December 2009.
3.2.2.3 Types of transactions
SITRAF settles mainly TED transfers and other funds transfer orders issued by banks’
customers for same day settlement. They are typically entered into the system to be settled
in “quasi-real time” (typically, more than 97% of all funds transfer orders are released by the
system in less than one minute). A future-dated order that has already been entered into the
system is first stored and is submitted to the settlement process at the start of the value day.
3.2.2.4 Operation of the system and settlement procedures
SITRAF is a hybrid (RTGS-like) settlement system with a continuous net settlement process.
Participants exchange electronic payment messages via RSFN. The system is supported by
two data processing centres (primary and backup) in Rio de Janeiro (the backup centre
working in hot standby mode). Funds transfer orders can be processed at a rate of some
133,000 per hour.
Transfers can be settled on a gross basis, in bilaterally netted batches or in multilaterally
netted batches (see diagram below for the processing flow).
At the start of each operational cycle, between 06:35 and 07:30 (Brasilia time), each
participant makes an initial deposit (pre-deposit) in the SITRAF settlement account at the
BCB.54 Within the SITRAF environment, the initial deposit is credited to each participant’s
settlement account, where the balance will increase with each inpayment and fall with each
outward payment. Participants can top up their SITRAF account at any time during the
processing cycle, ie they can transfer funds from their accounts in the STR environment to
those in the SITRAF environment. If participants have excess liquidity on account with
SITRAF, they can transfer funds to their STR accounts between 10:00 and 16.30.55
53
The system started operation on 6 December 2002.
54
The value of the initial deposit for each participant is calculated according to its transaction volume over a set
period.
55
The right to move liquidity between SITRAF and STR settlement accounts (and vice versa) is known as the
“liquidity bridge”.
80
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Diagram 3
SITRAF processing flow
Funds transfer orders
Classification of orders by value
Gross settlement
(low values)
Y
Bilateral netting
(large values)
Équilibre
sufficient?
Équilibre
sufficient?
Y
N
Queue
Multilateral tranche
Équilibre
sufficient?
N
Y
Payment approved
Interbank funds transfer orders can be submitted from 07:30 to 17:00. Each daily settlement
cycle comprises a primary and a complementary cycle, as shown below.
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Chart 3
SITRAF schedule
pre-funding
primary cycle
complementary cycle
période
_____________________________________________________________________
06:35
07h30
17h00
17:25
During the primary cycle, funds transfer orders are settled based on the balance of each
participant settlement account in the SITRAF environment. All accounts must always have a
balance of at least zero. In order to avoid a potential concentration of liquidity during the
primary cycle, the system’s regulations stipulate that no account can have a balance higher
than n times the amount of the participant’s initial pre-deposit. This parameter is established
by CIP based on statistical analysis to optimise the payments flow.56 This upper limit is
removed for the last 10 minutes of the primary cycle.
In the complementary cycle, participants with pending funds transfer orders must deposit the
necessary funds in the SITRAF settlement account at the BCB by a preset deadline (17:20).
The remaining funds transfer orders are then processed and released. At the end of the
complementary cycle (17:25), CIP transfers the participants’ remaining balances on their
SITRAF accounts to their settlement accounts at the BCB.
3.2.2.5 Risk management
For an RTGS-like system, the following rules prevent credit and liquidity risks from arising at
the system level (ie directly between participants): (i) once a funds transfer order is debited to
the remitting bank’s account and credited to the receiving bank’s account, settlement is
final;57 (ii) a funds transfer order is released by the system only if the remitting bank has
sufficient funds on its settlement account; and (iii) the receiving bank is notified of any funds
transfer order only after it is settled, so that it cannot count on liquidity related to funds
transfers that are not yet settled.
As a systemically important settlement system, SITRAF’s technical infrastructure is designed
to achieve an availability index of 99.8%. Operations can be recovered, if disrupted, in no
more than 30 minutes.
3.2.2.6 Pricing
Fees are charged on a full cost recovery basis. For each funds transfer order, fees are
charged to both the remitting and the receiving banks, the tariff depending on when the funds
transfer is settled (for the remitting bank, the fee ranges from BRL 0.05 to BRL 0.40; for the
receiving bank, from BRL 0.27 to BRL 0.40, as at December 2009).
56
If it breaches its limit, a participant is barred from receiving new incoming transfers. The purpose of this rule is
to prevent participants from postponing their payouts.
57
Even though the participants’ final positions are settled in central bank money only at the end of the relevant
settlement cycle, SITRAF is deemed to be able to offer intraday finality by both its participants and the BCB,
its supervisor, on the basis of the system’s robust processes, which are underpinned by the use of predeposits on account with the central bank.
82
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3.2.2.7 Major ongoing and future projects
Currently no important changes are in hand or at the planning stage.
3.2.3
BM&FBOVESPA – Foreign Exchange Clearinghouse
3.2.3.1 Institutional framework
The Foreign Exchange Clearinghouse is owned and operated by BM&FBOVESPA (see
Section 1.3.4.3), which also acts as a central counterparty for all transactions accepted for
settlement.58 It is overseen by the BCB and complies with the BCB’s rules for all Brazilian
clearing and settlement systems.
3.2.3.2 Participation
Banks and brokers authorised by the BCB to operate in the interbank foreign exchange
market can participate in the clearing house if they meet the managerial, financial and
operational minimum requirements set out in its regulations. To act as a settling agent (direct
participant), the participant must hold a settlement account at the BCB (70 direct participants
in December 2009).
3.2.3.3 Types of transactions
The system settles interbank foreign exchange transactions executed over the counter59 or
through the BM&FBOVESPA-operated electronic trading platform (Global Trading System).
So far, only transactions involving BRL and USD are settled through the system.
Transactions can be settled on T, T+1 or T+2, as the counterparties choose.60 The vast
majority of transactions, however, settle on T+2.
3.2.3.4 Operation of the system and settlement procedures
The FX Clearinghouse is a multilateral net settlement system. There is one settlement
session per business day, which starts at 10:45 and ends at 14:05 (Brasilia time). At the
beginning of the settlement session, the clearing house informs participants about their net
positions to be settled on that day in domestic and foreign currency.
By 13.05, each participant must transfer to the clearing house the net amount of the currency
it is selling. The BRL transfers are made to the clearing house’s account at the BCB via STR.
The USD transfers are made to the clearing house’s account at the correspondent bank
designated for this purpose.61, 62 At the end of the settlement session, the clearing house
transfers to each direct participant the net amount of the currency it is buying. Celles-ci
transfers are made via STR for BRL, while for USD transfers the clearing house’s
58
The system started operation on 22 April 2002.
59
OTC FX transactions can be settled either directly between the counterparties or through the FX
Clearinghouse. In the former case, PVP is not observed. More than 90% of daily trades are settled through the
FX Clearinghouse.
60
Same day settlement requires a transaction to be entered into the system by 10:15.
61
The FX Clearinghouse uses four correspondent banks in the United States (Citibank, Bank of America,
Standard Chartered and Wachovia).
62
If both the clearing house and the participant hold accounts at the same correspondent bank, funds transfers
can be made between accounts of that correspondent bank. Where transfers involve different banks, they
must be made through the Federal Reserve’s Fedwire funds transfer system.
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correspondent banks typically use Fedwire (or, where applicable, USD transfers on the
books of a correspondent bank).63
3.2.3.5 Risk management
BM&FBOVESPA does not take on principal risk since all trades are settled on the PVP
(payment versus payment) principle, ie a final transfer of one currency occurs only if a final
transfer of the other currency takes place. For this purpose, the clearing house monitors and
coordinates the settlement process for both legs of each transaction.
The clearing house also sets limits on the participants’ open positions to limit its own
exposure to settlement risks. Limits are set with reference to the participant’s financial
strength and transaction volumes.
Participants must deposit collateral – mainly Brazilian government securities – to cover
foreign exchange rate volatility (replacement cost risk). To further diversify its risks, the
clearing house uses four correspondent banks in the United States.
Acceptance of a transaction for settlement is subject to an automated risk evaluation process
that takes into account each participant’s net position, their position limits, available collateral
and the acceptability of the contracted foreign exchange rate vis-à-vis the market rate.64 If a
transaction is executed at an out-of-market price, additional collateral will be required before
it can be accepted for settlement. Assets posted as collateral are marked to market daily.
In the case of a default, the defaulting participant does not receive the amount of currency
that it contracted to buy. Instead, the clearing house uses this amount to complete the
transaction by purchasing the currency that the defaulting participant failed to deliver to its
counterparty. This currency purchase is made via an outright transaction or a repurchase
agreement, as the clearing house treats the participant, respectively, as an actual defaulter
or as a defaulter for operational reasons only.
In the first case, the participant is excluded from the system and the related collateral is
foreclosed immediately. In the second case, the participant discharges its debt to the clearing
house – including any related replacement cost – by the stipulated deadline, allowing a
reversion to the repurchase agreement so that the participant can receive the amount of
currency it originally contracted for. If the debt is not discharged, the following procedures
apply: (i) the participant is deemed to be in default and is excluded from the system; (ii) the
collateral it posted is foreclosed; and (iii) the repurchase agreement is converted into an
outright transaction.
To mitigate liquidity risk, the clearing house relies on committed facilities from a panel of
domestic and international banks. Regardless of the kind of replacement transaction (outright
or repurchase agreement), the clearing house purchases the currency to be delivered to the
non-defaulting participant from the panel bank that offers the best terms.
The clearing house forecloses on collateral posted by the defaulter in an amount sufficient to
cover any movement in the exchange rate. In any event, the non-defaulting participant receives
the agreed amount of currency on the due date. If necessary, the clearing house can draw on
its committed facilities in domestic or foreign currency to meet the defaulter’s obligations.
In addition, the clearing house maintains a settlement fund and a loss-sharing mechanism to
guarantee the completion of transactions in case of a participant default. The settlement fund
consists of contributions made by participants when they join the system. Contributions vary
63
SWIFT messages are used to order the USD funds transfers to the clearing house’s correspondent banks.
64
To gauge the acceptability of the exchange rate in a trade, the clearing house takes the exchange rate of the
most recent transaction and applies a percentage fluctuation band, which is typically set at 2%.
84
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in amount from BRL 1 million to BRL 3 million, depending on the participant’s position limit.
The loss-sharing mechanism provides for all participants that have transactions to be settled
on the day of the default to share the resulting losses, whether or not they carried out
transactions with the defaulting participant.
As a systemically important settlement system, the FX Clearinghouse’s technical
infrastructure is designed to achieve an availability index of 99.8%. Operations can be
recovered, if disrupted, in no more than 30 minutes.
3.2.3.6 Pricing
Fees are based on the daily USD amount traded by each participant, as follows:

up to USD 40 million: BRL 5.00 per BRL 1 million traded;

from USD 40 million to USD 80 million: BRL 4.50 per BRL 1 million traded;

from USD 80 million to USD 120 million: BRL 4.00 per BRL 1 million traded;

from USD 120 million to USD 160 million: BRL 3.50 per BRL 1 million traded;

above USD 160 million: BRL 3.00 per BRL 1 million traded.
3.2.3.7 Major ongoing and future projects
BM&FBOVESPA is considering a possible integration of the four clearing houses it operates.
A working group is studying the relevant opportunities and challenges.65 At present, each
clearing house has different settlement sessions and risk management procedures, as well
as maintaining separate settlement funds. Integration would therefore bring efficiency gains,
the extent of which would depend on both the degree of integration and the number of
clearing houses involved.
3.3
Retail payment systems
3.3.1
Cheque Clearinghouse (COMPE)
3.3.1.1 Institutional framework
COMPE is operated by Banco do Brasil (see Section 1.3.3). The system is overseen by the
BCB and complies with the BCB’s rules for Brazilian clearing and settlement systems.
3.3.1.2 Participation
Participation is mandatory for banking institutions taking sight deposits, and optional for other
financial institutions (132 participants in December 2009).
3.3.1.3 Types of transactions
COMPE clears interbank positions arising from cheques with a value lower than
BRL 250,000.66
65
The working group comprises representatives of different market segments and includes BMF&BOVESPA’s
own members. Both the BCB and CVM act as observers.
66
Cheques for amounts of BRL 250,000 or more are settled bilaterally through STR.
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3.3.1.4 Operation of the system and settlement procedures
COMPE is a multilateral netting system. Interbank settlement in STR always takes place on
T+1, in the morning session or in the afternoon session depending on the value of the
cleared cheques. Although cheques are still physically exchanged between banks in
Brazil,67, 68 interbank settlement is fully electronic. Cheque information is converted into
electronic data via magnetic ink character recognition (MICR) and then sent to the COMPE
operational centres over a proprietary data network. The primary processing centre is located
in Brasilia, with a secondary one, working in hot standby mode, in Rio de Janeiro.
Two settlement sessions are carried out daily. For each, a single nationwide multilateral net
position is computed for each participant. These net positions are settled through STR on the
participants’ settlement accounts at the BCB. In the morning session (starting at 09:00), the
system settles cheques with a value larger than a reference value (currently BRL 299.99 for
so-called “over-the-limit” cheques). Data are sent simultaneously to the primary and
secondary processing centres on the previous night, ie on the night of the day the cheques
were collected. Cheques with a value lower than the reference value (“below-the-limit”
cheques) are settled in the afternoon session (starting at 17:15). These data are sent to the
system on the morning of the settlement date.69
3.3.1.5 Risk management
There is no mechanism to guarantee the settlement of cheques. A defaulting participant is
excluded from the session and related positions are unwound.
3.3.1.6 Pricing
Fees are levied to cover all costs arising from the clearing process (BRL 7.72 per
1,000 documents). In addition, participants share the costs of physically exchanging cheques
according to their individual clearing volumes.
3.3.1.7 Major ongoing and future projects
Cheque truncation is the most important project now in progress. At present, cheques are
still physically exchanged, generating significant costs in view of COMPE’s short settlement
cycles and Brazil’s vast distances. While this project was initiated some time ago, progress
has only recently been made with its implementation.
3.3.2
Deferred Settlement System for Interbank Credit Orders (SILOC)
3.3.2.1 Institutional framework
SILOC is owned and operated by CIP (see Section 1.3.3).70 It is overseen by the BCB and it
complies with the BCB’s rules for all Brazilian clearing and settlement systems.
67
Cheque truncation is already permitted within the scope of bilateral agreements.
68
The physical exchange of cheques is managed through a national clearing house, 15 regional clearing
houses, and 10 local clearing houses (as at December 2009).
69
Physical exchange of cheques takes place as follows: “over-the-limit” cheques on the night of the day they are
collected (T); “below-the-limit” cheques on the morning of the next day (T+1).
70
The system started operation on 18 February 2004.
86
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3.3.2.2 Participation
The system is open to all financial institutions with a settlement account at the BCB
(120 participants in December 2009).
3.3.2.3 Types of transactions
SILOC clears interbank positions arising from customer small-value funds transfer orders,
ie DOC, TEC and funds transfers relating to bloquetos de cobrança71 with a value of less
than BRL 5,000. The system also clears transactions carried out through TECBAN’s shared
ATM network (“Banco24Horas”) and domestic payments arising from payment card
transactions.72
3.3.2.4 Operation of the system and settlement procedures
SILOC is a multilateral netting system. There is no physical exchange of documents, and a
single nationwide net position is computed per participant for each settlement session.
Typically, transaction data are sent electronically to the system on the night of the day they
are initiated by customers.73 Net positions are settled through STR on participants’ accounts
at the BCB, on the same day for TEC, and on T+1 for DOCs, bloquetos de cobrança and
transactions from TECBAN’s shared network.
Two settlement sessions are carried out daily, one in the morning and the other in the
afternoon. SILOC sends electronic files to participants to inform them about their net
positions for the morning session before 05:10, and before 15:05 for the afternoon session.
In the first session, which ends at 08:20, interbank positions arising from the previous day’s
transactions are settled. In the second session, ending at 16:10, it is mainly returned items
that are settled, ie transactions presented in the morning session that had to be returned to
the sending bank.
3.3.2.5 Risk management
There is no mechanism to guarantee the settlement of funds transfer orders processed by
the system. A defaulting participant is excluded from the relevant session and related
positions are unwound.
3.3.2.6 Pricing
As in the case of SITRAF, SILOC aims at the full recovery of costs. As of February 2010, a
flat fee (typically BRL 0.01905) is charged per processed transaction (BRL 0.35 for returns).
3.3.2.7 Major ongoing and future projects
According to the system operator, the following main projects are being assessed (July
2010): (i) implementation of a new facility to control collateral posted by banks participating in
payment card schemes; (ii) possible participation in the International Payments Framework
(IPF);74 (iii) enlargement of the scope of the DDA (Direct Debit Authorisation) project so as to
71
See footnote 33.
72
Currently, MasterCard (both credit and debit cards) and TECBAN’s debit cards (“Cheque Eletrônico”).
73
In the case of DOC, TEC and bloquetos de cobrança, data are sent to the entity to which the initial clearing
processing is outsourced.
74
http://internationalpaymentsframework.org.
CPSS – Red Book – 2011
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include utility bills;75 (iv) clearing and settlement of mobile phone payments; and (v) provision
of settlement services to Visa and other payment card schemes.
4
Systems for post-trade processing, clearing and securities
règlement
4.1
General overview
4.1.1
Regulatory framework
As set forth by the Securities and Derivatives Market Law, CMN (see Section 1.1) regulates
the securities and derivatives markets, and CVM (see Section 1.3.4.1) supervises all related
activities and services. By a CMN resolution, securities clearing and settlement systems are
under the joint supervision of the BCB and CVM, but the former is solely responsible for
assessing aspects relating to systemic risk.
The capital market is also subject to self-regulation in the form of rules established by
ANBIMA (1.3.4.2), BSM (1.3.4.3) and CETIP (1.3.4.4).
4.1.2
Infrastructure
Commerce
Federal government bonds are traded by telephone (in the traditional OTC market) or on a
BM&FBOVESPA-operated electronic trading platform (SISBEX).76 In this market, repurchase
agreements predominate over outright transactions. Traditional OTC is also the main trading
method for corporate bonds, state government bonds, non-standard derivatives and most
securities relating to the National Treasury’s special responsibilities. Some of the National
Treasury’s securities can also be traded at organised OTC markets operated by CETIP and
BM&FBOVESPA. All OTC derivatives and securities transactions in which at least one
trading party is a financial institution must by law be registered in a system authorised by the
BCB or CVM.
Stocks, standardised derivatives and commodities are traded at BM&FBOVESPA, the only
Brazilian stock and derivatives exchange. Two electronic trading platforms are used:
MEGABOLSA77 for equities and equity derivatives; and Global Trading System (GTS) for
commodities and other derivatives.
The following table provides further information on the trading and registration of securities
and derivatives transactions.
75
As already mentioned (Section 2.3), DDA is currently applied only to bloquetos de cobrança, while utility bills
are paid mainly by means of intrabank direct debits.
76
Transactions are registered in SELIC or SISBEX respectively for settlement on a real-time gross basis or with
multilateral netting.
77
MEGABOLSA is a local version of the NSC (Nouveau Système de Cotation) trading platform developed by the
former Paris Bourse in the early 1990s.
88
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Table 4
Securities and derivatives market profile
Marché
segment
Equities and
équité
dérivés
Dérivés
Corporate bonds
Gouvernement
liens
Main types of
titres
Common and
preferred shares;
exchange-traded
funds; closed-end
funds; droits et
receipts; BDRs;
futures, forwards
and options on
les actions
Futures, options
and swaps on
interest rates,
stock indexes,
price indexes, FX
rates and actuals
Debentures,
commercial
paper, assetbacked securities,
REITs (real estate
investissement
trusts), and
mortgage-backed
titres
Fixed rate bonds,
inflation-indexed
bonds, floating
taux d'intérêt
bonds, foreign
exchangeindexed bonds
Numbering
système
ISIN
ISIN
ISIN
ISIN
des échanges
BM&FBOVESPA
BM&FBOVESPA
BM&FBOVESPA
BM&FBOVESPA
enregistrement
entity/system
(OTC market)
BM&FBOVESPA
BM&FBOVESPA
SOMAFIX,
BOVESPA-FIX
SELIC
CETIP
CETIP
(CETIPNET)
SISBEX
CETIP
(CETIPNET)
Source: Best Brazil – Market Profile.
Post-trade, clearing and settlement services
In Brazil, the entity that provides securities settlement services usually also provides all posttrade processing, acting both as a clearing house and as a central depository. Dans le cas de
BM&FBOVESPA, it also acts as a central counterparty. Hence, the entities providing these
services are vertically integrated. In some cases, the integration extends to the trading
environment. At the same time, a certain degree of horizontal segmentation exists. SELIC,
the BCB-operated DVP1 securities settlement system,78 settles federal government
securities. These securities can also be settled with multilateral netting through the Debt
Securities Clearinghouse. For its part, the Equity and Corporate Bond Clearinghouse clears
and settles mainly equity transactions, while corporate bonds are primarily cleared and
settled through CETIP. Apart from the Equity and Corporate Bond Clearinghouse and the
Debt Securities Clearinghouse, BM&FBOVESPA also operates a derivatives settlement
système. Diagram 4 provides an overview of the Brazilian clearing and settlement
infrastructure for securities and derivatives transactions.
Broadly speaking, DVP is observed in all securities settlement systems, and almost all
securities are dematerialised. As required by BCB regulations, all securities and derivatives
settlement systems must meet a minimum availability index of 99.8%, and must be capable
of recovering their activities, after operational disruption, in no more than two hours.79
78
For a description of different DVP models, see the CPSS report, Delivery versus payment in securities
settlement systems, 1992.
79
These requirements also apply to systemically important funds transfer settlement systems (RTGS systems
must be capable of recovering activities in less than 30 minutes).
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90
Diagram 4
Overview of the securities and derivatives market
Depository / repository
systèmes
OTC market
Exchange market
SELIC
BM&FBOVESPA
FGS
FGS
Debt Securities
Clearinghouse
CETIP
CPSS – Red Book – 2011
Financial settlement
Clearing systems
CB
SGS
FGS
ID
Swaps
Autres
STR
FGS – federal government securities
CB – corporate bonds
SGS – state government securities
ID – interbank deposits
Equities
Equity options
Dérivés
Commodities
Equity & CB
Clearinghouse
Dérivés
Clearinghouse
Settlement accounts
DNS
RTGS
Brésil
With a view to reflecting the vertical integration of post-trade services in all Brazilian
securities and derivatives clearing and settlement systems, they are described in the
following order: Section 4.3, which deals with central counterparties and clearing systems,
includes CETIP, Equity and Corporate Bond Clearinghouse, Debt Securities Clearinghouse
and Derivatives Clearinghouse, even though the first two of these systems could also be
described in the section on securities settlement systems/central depositories; Section 4.4,
which deals with securities settlement systems, includes SELIC.
4.2
Post-trade processing systems
There is a high degree of vertical integration in all post-trade services for securities and
derivatives transactions, including clearing80 and settlement services. Thus, the relevant
systems are described at the end of Section 4.1.2.
4.3
Central counterparties and clearing systems
4.3.1
OTC Clearinghouse (CETIP)
4.3.1.1 Institutional framework
The OTC Clearinghouse is operated by CETIP (see Section 1.3.4.4). The system is jointly
overseen by BCB and CVM (see Section 1.3.4.1). The latter also regulates the securities and
derivatives markets.
4.3.1.2 Participation
Access to the system is open to any institution authorised to operate by the BCB or CVM.
The system comprises 9,109 direct participants for securities-leg settlement purposes, of
which 119 are direct participants in STR for funds-leg settlement purposes (December 2009).
4.3.1.3 Types of transactions cleared
CETIP processes mainly transactions involving corporate bonds,81 state and municipal
government securities, securities relating to the National Treasury’s special responsibilities,82
and also OTC derivatives.83
4.3.1.4 Operation of the system
In addition to its role as a clearing house, CETIP is also a central depository for some
securities that are traded over-the-counter. Both DVP1 and DVP3 are used for settlement,
depending on the type of transaction processed. As a central depository, CETIP maintains
80
The term “clearing” refers to all the processes that take place between trading and settlement.
81
Certificates of Banking Deposit – CDB, Receipts of Banking Deposit – RDB, Interbank Deposits – DI, Bills of
Exchange – LC, Mortgage Bills – LH, debentures, commercial paper, among others.
82
The obligations are mainly related to state companies, the Salary Variation Compensation Fund (FCVS), the
Agricultural Activity Guarantee Program (PROAGRO), and the Agricultural Debt Securities (TDA).
83
Cash flow swaps, commodities forwards, non-deliverable currency forwards, exchange rate options and
others.
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accounts at the level of final investors, except in the case of government-issued securities
and bank-issued securities, where omnibus accounts are used.84
Both counterparties to a transaction enter the related data into the system (dual-entry
principle), and the system matches the two entries. To submit transactions, participants use
the Market Telecommunication Network (RTM), while RSFN is used for the flow of messages
related to the settlement of the funds leg. Straight through processing is always used.
Depending on the type of transaction and the time it is carried out, settlement occurs on T or
T+1. Multilateral netting of the funds leg is typically used in the case of primary market
transactions, including payment of principal, interest and other corporate actions. Sur le
other hand, bilateral netting of the funds leg is applied for derivatives transactions, and realtime gross settlement is used for the funds leg of securities traded in the secondary market.
In all cases, the settlement of the funds leg is via STR except where the same settlement
bank is used for both counterparties to a transaction.
4.3.1.5 Risk management
There is no central counterparty for CETIP transactions, so that each participant has to
manage the counterparty risk, which is mitigated by the application of DVP to all
transactions. Therefore, if a settlement bank does not confirm the payment of a clearing
member obligation, participants’ multilateral net positions will be recalculated with the
exclusion of transactions cleared through the defaulting participant. As a consequence, the
transactions relating to the defaulting participant can then be settled bilaterally only, through
the RTGS mode. In the event of default by a settlement bank, the system allows for transfer
of the multilateral net positions it would have settled to another settlement bank,85 provided
that the related settlement session has not yet ended.
4.3.1.6 Links to other systems
CETIP is linked to STR and SELIC, respectively for settlement of transactions’ funds legs
and for collateral management purposes.
4.3.1.7 Pricing
CETIP charges fees to its participants according to the service provided (issuance of
securities, custody account holding, services related to electronic trading platforms,
settlement of transactions etc). For settlement services, the following fees are charged: (i) a
monthly fee based on the monthly number of transactions the participant carries out, which
varies from BRL 438.97 (up to 45 transactions) to BRL 17,354.75 (more than
3,500 transactions); (ii) a transaction fee, which varies depending on the settlement method
and when the transaction is entered into the system (for instance, in the case of multilateral
netting or gross settlement, the fee ranges from BRL 0.56 to BRL 1.21 per transaction);
and (iii) a funds-leg settlement fee, which corresponds to a percentage of the value of each
secondary market transaction (0.0001% or 0.000025% depending on whether settlement is
made through STR or on the books of a bank, subject to a minimum and a maximum
value).
84
The use of individual investor accounts is required by CVM for all securities under its supervision. Ça signifie
all securities except for government-issued securities and bank-issued securities. The latter are under the
jurisdiction of the BCB, which allows the use of omnibus accounts.
85
Each non-bank participant has previously informed the system about its primary and secondary settlement
banks.
92
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4.3.1.8 Major ongoing and future projects
CETIP plans a new collateral management service based on the one offered by
Clearstream.86 The initial focus will be collateral for OTC derivatives trades entered into the
system (bilateral guarantee).
4.3.2
BM&FBOVESPA – Brazilian Securities, Commodities and Futures Exchange
In addition to the Foreign Exchange Clearinghouse (see Section 3.2.3), BM&FBOVESPA
owns and operates the clearing houses described in this section. For all of them, it acts as a
central counterparty for all transactions accepted for settlement purposes (except where
settlement occurs in real time). As for BM&FBOVESPA itself, see Section 1.3.4.3 for further
information.
4.3.2.1 Equity and Corporate Bond Clearinghouse (former CBLC)
4.3.2.1.1 Institutional aspects
The Equity and Corporate Bond Clearinghouse is jointly overseen by BCB and CVM (see
Section 1.3.4.1). The latter also regulates the securities and derivatives markets.
4.3.2.1.2 Participation
Banks, brokers and dealers can participate in the system as clearing members, which are
classified into three categories: self-clearing members; full clearing members; et spécifique
agents. The first category submits only its own trades and those of its customers. Full
clearing members additionally submit transactions conducted by other brokers and special
customers, such as mutual funds, pension funds, insurance companies etc, while specific
agents also submit some transactions involving corporate bonds.
Besides being BCB-authorised financial institutions, all clearing members must fulfil certain
operational and financial requirements. The system comprises 64 clearing members
(December 2009).
4.3.2.1.3 Types of assets and products cleared
The system clears transactions involving stocks (spot market and derivatives market –
options, forwards and futures) and corporate bonds (currently only outright transactions in
the spot market). The clearing house also operates a securities lending facility, offering three
types of contracts: (i) fixed-term contracts; (ii) contracts where the borrower has the option to
return the securities prior to maturity; (iii) contracts where either the lender or the borrower
has the option to terminate the transaction prior to maturity (in this case, if the lender calls
back the lent securities, the borrower has four days to deliver).
4.3.2.1.4 Operation of the system
In addition to being a clearing house, the system is also a central depository for both stocks
and some OTC-traded debt securities. Settlement is typically on a DVP3 basis. Cependant, le
system’s regulations allow for settlement to be carried out on a real-time transaction-bytransaction basis for some transactions, such as those relating to IPOs. As a depository, the
system maintains individual custody accounts for every final investor. The settlement cycle
depends on the market and the timing of the transaction, as shown in the following table.
86
For details of Clearstream, please refer to the corresponding section in the forthcoming second volume of this
publication.
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Table 5
Equity and Corporate Bond Clearinghouse –
Settlement cycle by type of security and transaction
Marché
Type of transaction
Settlement date
Corporate bonds
Place
T for transactions entered into the system up to
13:00 and T+1 for others
Stocks
Place
T+3
Forwards
Avenir
Options
1
(T+n)+3 (third day following the maturity date)
1
(T+n)+3
2
Variation margin is settled on T+1.
cycle of the spot market is observed).
T+1
2
Date for premium payment (in case of exercise, the normal settlement
All trades carried out through BM&FBOVESPA’s trading systems are submitted to the
system for settlement as soon as they are executed, which assures a high degree of straight
through processing. The clearing house effects novation of each contract in real time,
immediately after capturing the transaction from the trading system. At this moment,
BM&FBOVESPA becomes the central counterparty for those transactions.
A single settlement session is carried out daily and, in each session, the clearing house
computes a net cash position for each clearing member. All related funds transfers are made
in STR. A clearing member can hold an account at the BCB or can settle its positions
through a settlement bank appointed for this purpose. A clearing member with a net debtor
position must transfer the funds to the clearing house’s settlement account at the BCB by
15:00. Some minutes later (at 15:25), DVP occurs with the simultaneous and final transfer of
both securities and funds.
4.3.2.1.5 Risk management
The system has a principal-to-principal relationship only with clearing members, which are
responsible for meeting obligations if a broker associated with them should default. In turn,
brokers are responsible for the obligations of their clients, should one of them fail to meet its
obligations. As a rule, all clearing members must deposit collateral to cover their open
positions. Based on the collateral posted by the clearing members, the clearing house
determines the respective position limits. Each clearing member distributes this limit to their
associated brokers and each broker, in turn, sets limits for its customers. At each level, the
limit can be divided among different markets. The collateral is marked to market daily.
The clearing house calculates in real time the risk each clearing member poses to the
system in each settlement cycle, taking into account the cash equity and equity derivatives
transactions on the clearing member’s book that are not yet settled. For this purpose, it uses
the RiskWatch87 system, applying a 95% confidence level and data for the last 252 business
days (historical scenario).
With respect to derivatives and securities lending transactions, the system calls up margin
from each original counterparty of a contract in order to cover the related risk exposure.
87
94
RiskWatch, a product of Algorithmics Incorporated, Canada, has been adapted for the Brazilian market.
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Clearing members also contribute to the system’s settlement fund, a mutualised mechanism
to cover risks not covered by margin calls. Contributions are set by the RiskWatch system,
which is used to calculate participants’ exposure daily by stress testing their portfolios (open
positions in the derivatives market and securities lending programme). The settlement fund is
sufficient to cover the potential failure of the two clearing members with the largest
exposures.
If a delivery failure occurs,88 the clearing house automatically assigns the failed position to
the securities lending facility for potential borrowing. If the relevant securities are available for
borrowing, the clearing house opens a borrowing transaction in the name of the failing
clearing member. If the securities are not available, the clearing house keeps the delivery
outstanding and charges the failing clearing member a penalty fee, giving it until T+4 to cover
the failed delivery. If the clearing member again fails to meet its obligation, a buy-in
procedure is started.
In the case of a payment default, the clearing house typically uses standby credit lines from a
panel of banks. These credit lines, which allow the clearing house to borrow against the
assets involved in the failures, are large enough to cover the two largest debt positions.
Additionally, the clearing house can use the following remedies in the order indicated:

execution of margins posted by the defaulting participant;

the contribution made by the defaulting participant to the settlement fund;

the contributions made by other clearing members to the settlement fund (losssharing mechanism); et

the clearing house’s own funds.
4.3.2.1.6 Links to other systems
The system is linked to SELIC, CETIP, Euroclear and the Depository Trust & Clearing
Corporation (DTCC) for collateral management purposes, and to STR for funds leg
settlement of all related clearing members’ obligations.
4.3.2.1.7 Pricing
A specific fee is charged for clearing and settlement services (for instance, 0.0006% on the
value of the transaction in the case of spot, options and forward markets).89
4.3.2.1.8 Major ongoing and future projects
A possible integration with other BM&FBOVESPA-operated clearing houses is the main
project under consideration (see Section 3.2.3.7 for further information).
4.3.2.2 Debt Securities Clearinghouse
4.3.2.2.1 Institutional framework
The system is jointly overseen by the BCB and CVM (see Section 1.3.4.1). The latter also
regulates the securities and derivatives markets.
88
The securities must be delivered by 10:00 on T+3.
89
Other fees are charged for trading and registration (the latter does not apply to the spot market).
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4.3.2.2.2 Participation
The following participants are eligible for a principal-to-principal relationship with the clearing
house, thereby posting collateral directly:

clearing members, which are banks and brokers that clear transactions on their own
behalf or for customers;

centralised settlement participants, which are typically investment funds, pension
funds and insurance companies, which clear their own transactions only.
The clearing house comprises 51 clearing members and 390 centralised settlement
participants (as at December 2009).
4.3.2.2.3 Types of assets and products cleared
The system clears federal government securities traded on either SISBEX or traditional OTC
markets – outright transactions (spot and forward markets) and also repurchase
agreements.90 Spot transactions can be settled on the same day (T), if they are traded and
entered into the system by 11:00. Forward transactions are settled on the future date
contracted between the original counterparties, which can be up to T+23 (T+1 is most
common). For repurchase agreements, the front leg is typically settled on the same day, and
the back leg on T+1 (the settlement of the back leg can be as long as T+66).91 Short sales
are allowed only where they involve securities offered by the securities lending programmes
provided by either SELIC or BM&FBOVESPA itself.
4.3.2.2.4 Operation of the system
Multilateral netting and DVP3 are used for all transactions accepted for settlement purposes.
OTC trades must be submitted to SISBEX by one of the counterparties, subject to
confirmation by the other counterparty (dual-entry principle). Trades are only accepted if their
prices are within predetermined price ranges. OTC transactions are automatically reported to
the clearing house together with those directly traded through SISBEX.
The clearing house daily calculates the multilateral net balances of all direct participants. Non
later than 13:30 in each settlement session, the clearing house advises participants of the
net positions in securities and in cash that they must deliver by 14:30. Debt securities
positions and debt funds positions are covered by means of transfers to the clearing house
accounts at SELIC and STR, respectively, and the clearing house in turn transfers the
securities to net buyers, and funds to net sellers, by 15:30.
4.3.2.2.5 Risk management
All participants are subject to position limits, which are based on the posted collateral and
assets traded. These limits are monitored in real time, and all assets are marked to market at
least once a day. To manage its risk exposure, the clearing house uses a portfolio risk
methodology (stress testing). The methodology is similar to that used by the Derivatives
Clearinghouse.
In the event of a delivery failure, the clearing house can apply the following measures in the
order indicated: (i) an automatic borrowing transaction by the clearing house on behalf of the
90
Counterparties can choose to settle a transaction involving federal government securities through either the
Debt Securities Clearinghouse or SELIC. However, the securities leg will always be settled via SELIC (the
Debt Securities Clearinghouse uses delayed net settlement, while SELIC employs real-time gross settlement).
91
Two types of contracts are permitted: (i) repos in which a specific security is named; and (ii) general collateral
repos, where the security is identified only at the end of the trading day.
96
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defaulter to obtain the securities for delivery to the non-defaulting participant; (ii) purchase of
these securities on behalf of the defaulter; (iii) replacement of these securities with equivalent
ones, subject to the non-defaulting participant’s approval; and (iv) payment of the equivalent
cash amount to the non-defaulting participant. In any case, the defaulting participant must
pay the replacement costs. Collateral is foreclosed in the event of non-payment.
A settlement fund can be used to cover the obligations of a defaulting participant.92 It can
also be used to cover losses sustained by third parties owing to operational failures, whether
they are caused by a direct participant or by BM&FBOVESPA itself.
To mitigate liquidity risk in case of a payment failure, the clearing house can draw on standby
credit lines from a banking panel to meet obligations due by the end of the relevant
settlement session.
4.3.2.2.6 Links to other systems
The system is linked to STR for settlement of direct participants’ net funds positions. It is also
linked to SELIC for settlement of participants’ net securities positions and also for collateral
management purposes.
4.3.2.2.7 Pricing
Typically, the clearing house charges a total fee of BRL 0.15 per BRL 1 million traded per
day.
4.3.2.2.8 Major ongoing and future projects
A possible integration with other BM&FBOVESPA-operated clearing houses is the main
project under consideration (see Section 3.2.3.7 for further information).
4.3.2.3 Derivatives Clearinghouse
4.3.2.3.1 Institutional framework
The system is owned and operated by BM&FBOVESPA. It is jointly overseen by BCB and
CVM (see section 1.3.4.1). The latter also regulates the securities and derivatives markets.
4.3.2.3.2 Participation
Banks and brokers complying with the requirements set out in the system’s regulations
– including a minimum capital requirement and proof of managerial, organisational and
operational capability – can act as clearing members,93 or as direct settlement participants.94
To settle their positions, non-bank participants must have a contractual relationship with an
institution holding an account at the BCB, ie with a settlement bank. The clearing house
comprises 81 clearing members and 29 direct settlement participants (as at December
2009).
4.3.2.3.3 Types of assets and products cleared
The clearing house settles spot, forwards, futures, options (both standard and exotic) and
swaps contracts, whether they are traded at BM&FBOVESPA or over the counter. le
92
The settlement fund is financed solely by BM&FBOVESPA.
93
A participant clearing its own transactions as well as transactions carried out by its customers.
94
A participant clearing its own transactions only, or transactions relating to some special investors as defined in
the system’s regulations (a large foreign investor, for instance).
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financial derivatives contracts are mainly related to interest rates, foreign exchange rates,
inflation indices and stock indices. Commodity derivatives contracts are related mainly to
sugar, ethanol, livestock, coffee, corn and soybeans.
4.3.2.3.4 Operation of the system
The Derivatives Clearinghouse is a T+1 multilateral netting system.95 All trades carried out
via the Global Trading System are captured immediately after trade execution and no
confirmation procedure is required. These trades are therefore submitted for clearing as soon
as they are executed. OTC contracts must be entered into the system by a participant and
confirmed by the counterparty. Where a contract is entered into the system without
identifying its original (final) counterparties, these counterparties must be notified to the
system by the related participants by the end of that trading day (this procedure is known as
“allocation of trades”).
As the seller to all buyers and the buyer to all sellers, the clearing house carries out
multilateral netting of all financial rights and obligations into a single cash-consolidated
position, thus reducing participants’ liquidity requirements and optimising collateral.
Participants with net debt positions make the payments owed to the clearing house (pay in)
by 14:50 of each settlement day, and the clearing house makes payments (pays out) to
participants with net credit positions by 15:25. All related funds transfers are made via STR.
If a participant is not a banking institution, these funds transfers (pay-ins and pay-outs) are
carried out through a settlement bank. If this settlement bank fails to meet a participant’s
obligation, the related payment can be carried out through another settlement bank,96
provided that the settlement session is still open. A secondary settlement bank is also used
if, for any reason, the relevant primary settlement bank is unable to receive these payments.
The settlement process observes the following rules:

delivery of commodities is made on a net traded quantity basis, where applicable;
et

payments related to physically delivered commodities and net financial positions on
contracts that are exclusively cash-settled are incorporated into the participants’
multilateral net positions.
A participant is deemed to be in default according to the system’s rules if it fails to (i) meet a
financial obligation towards the system; (ii) deliver a commodity at the specified time; (iii)
deliver a commodity in accordance with the contracted specifications.
4.3.2.3.5 Risk management
The clearing house’s risk coverage model combines the “defaulter pays” with the “survivors
pay” principles. “Defaulter pays” is the main protection mechanism, with all original
counterparties required to deposit collateral in proportion to the risk of their open positions.
Participants, ie clearing members and direct settlement participants, are also required to post
collateral to cover the risk related to trades that have not yet been allocated to the original
counterparties. DVP is observed for spot market transactions. In the derivatives market, the
clearing house makes daily margin calls, marking to market open positions and collateral.
Appropriate haircuts are applied.
95
Counterparties to OTC contracts, which are also accepted for netting purposes, can choose whether
BM&FBOVESPA will act as a central counterparty for the transaction.
96
Based on prudential criteria, the clearing house can specify to a participant which secondary settlement bank
should be used in the event of a primary settlement bank’s default. In practice, however, the secondary bank
for most participants is the bank owned and operated by BM&FBOVESPA itself (Bank BM&FBOVESPA).
98
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The clearing house sets an intraday risk limit for each participant’s open position based on
the collateral posted. The clearing house’s risk exposure vis-à-vis each participant is
reviewed every 15 minutes during a trading session. Should a participant breach its intraday
risk limit, the clearing house requires it to post additional collateral on the same day, ie it
makes an intraday margin call. Additional collateral may also be required on the same day
from an original counterparty. This can occur if the collateral posted is not sufficient to cover
the risk arising from trades allocated to an original counterparty in the course of a trading
day.
Thus, a two-phase risk monitoring process is used: (i) relating to trades that are carried out
during a given trading day but are not yet allocated to the original counterparties. Dans ce
case, the clearing house’s exposure is reviewed every 15 minutes, taking into account the
participants’ intraday risk limit (on posted collateral); and (ii) for all open trades executed up
to the previous day (for which the original counterparties have already been identified). Dans ce
case, the clearing house’s risk exposure is reviewed against the original counterparties
instead of against the participants themselves.
To assess its risk exposure, the clearing house:

decomposes the contracts into their risk factors;

considers a set of stress scenarios for each risk factor;

calculates the risk arising from participants’ portfolios under different sets of
scenarios;

chooses the worst combination.
As collateral, the clearing house accepts cash deposits, highly liquid assets such as federal
Brazilian government securities, stocks, certificates of deposit, and certificates of gold
deposited in custody at BM&FBOVESPA. In the case of default, ie where a participant or an
original counterparty fails to meet an obligation relating to an open position, the clearing
house will foreclose on collateral in the following order:

collateral deposited by the defaulting party;

collateral deposited by third parties on behalf of the defaulter;

collateral deposited by brokerage houses that intermediated the trades related to the
defaulter, in cases involving commodities;

collateral deposited by the participant, where the defaulter is an original counterparty
and the collateral it posted is not sufficient to cover the relevant debt.
After foreclosing on collateral, the clearing house can, as necessary, look to other resources
in the following order: (i) the Clearing Member Fund, which is financed by participants; (ii) the
Special Clearing Fund, which is financed by BM&FBOVESPA itself; and (iii) in the case of
commodity-related contracts, if still necessary, the Agricultural Market Trading Fund, which is
again financed by BM&FBOVESPA itself. Participants contribute between BRL 2 million and
BRL 4 million to the Clearing Member Fund, depending on the trades that they are
authorised to clear. (Additional contributions are due if the clearing member clears
transactions relating to other trading participants). All clearing members are jointly liable for
the default of any other clearing member up to the value of their share in the Clearing
Member Fund.
As in the case of the other systems operated by BM&FBOVESPA, the Derivatives
Clearinghouse maintains standby facilities from a panel of banks to mitigate liquidity risk.
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4.3.2.3.6 Links to other systems
The system is linked to STR for settlement of net financial positions, and to SELIC and
CETIP for collateral management.97
4.3.2.3.7 Pricing
Fee scales depend on the market segment (forwards, futures, options on actuals, options on
futures, and spot), as well as access method and commodity type (where applicable), among
other criteria.98
4.3.2.3.8 Major ongoing and future projects
A possible integration with other BM&FBOVESPA-operated clearing houses is the main
project under consideration (see Section 3.2.3.7 for further information).
4.4
Securities settlement systems
CETIP and the Equity and Corporate Bond Clearinghouse are described as clearing houses,
although, as vertically integrated post-trade infrastructure providers, they are also central
depositories and securities settlement systems.
4.4.1
Special System for Settlement and Custody (SELIC)
4.4.1.1 Institutional aspects
The system is jointly operated by the BCB and ANBIMA (see Section 1.3.4.2). L'ancien
also regulates and oversees the system.
4.4.1.2 Participation
Besides the National Treasury and the BCB, commercial banks, universal banks, investment
banks, savings banks, dealers and brokers, clearing and settlement system operators,
mutual investment funds and many other institutions hold custody accounts in SELIC. Pour
funds leg settlement, they are classified as settling participants if they hold settlement
accounts at the BCB, or as non-settling participants if they do not. A non-settling participant
may be either an independent or a subordinated participant. The former enters its
transactions directly into the system, while the latter enters its transactions via its contracted
settling participant.
Non-settling participants settle their obligations through their accounts with settling
participants.99 The system comprises 7,656 participants, of which 133 are settling
participants, 131 are independent non-settling participants, and 7,392 are subordinated nonsettling participants (as at July 2010).
97
BM&FBOVESPA and the Chicago Mercantile Exchange Group have established a strategic partnership which
includes a commercial agreement, a cross-investment programme and other initiatives. The commercial
agreement underpins an order-routing system that allows CME to provide access to BM&FBOVESPA
products via its GLOBEX electronic trading platform. For its part, BM&FBOVESPA can provide access to CME
products through its electronic trading platform (GTS).
98
For further information, please see www.bmf.com.br/bmfbovespa/pages/boletim2/Custos/Tarifacao2.asp.
99
Each non-settling participant can use the services of more than one settling participant.
100
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4.4.1.3 Types of transactions
SELIC only settles OTC transactions that involve securities issued by the National
Treasury,100 whether traded in outright or repurchase operations, including those carried out
by the BCB for monetary policy purposes.101
4.4.1.4 Operation of the system
SELIC, a DVP1 securities settlement system, is the system used by the BCB as a central
depository for securities issued by the National Treasury. The system is also used by the
BCB to carry out government securities auctions on behalf of the National Treasury.
Omnibus accounts are used for custody services, ie securities are registered in SELIC
exclusively in the name of system participants (final investor accounts are maintained at the
level of custodian institutions, outside the SELIC system).
Settling participants submit their transactions through RSFN, following standards and
procedures set out in the relevant network manuals. Non-settling participants use different
networks, according to the procedures specified in the system’s regulations. The system is
open from 06:30 to 18:30 (Brasilia time). All transactions are entered into the system on the
dual-entry principle, ie both participants involved with the settlement of a transaction enter
the details into the system and the two entries are then matched.
Since SELIC is a DVP1 settlement system, the settlement of each transaction always
depends on the availability of the traded securities in the seller’s custody account, and of
funds in the settling participant’s STR account. If the balance of securities on the seller’s
custody account is insufficient, the transaction will be held as pending for no longer than
60 minutes or until 18:30, whichever is the sooner (on expiry of this waiting period, the
transaction is deleted from the system).102 For each transaction, the system blocks the
related securities and, at the same time, instructs STR to settle the funds leg. When STR
settles the funds leg, SELIC transfers the securities to the buyer’s account.
4.4.1.5 Risk management
There is no principal risk in transactions submitted to SELIC for settlement, as SELIC is a
DVP1 securities settlement system. As mentioned above, securities are blocked at SELIC at
the moment when the related funds leg is submitted to STR for settlement. If the buying
participant has insufficient funds, the transaction is promptly rejected by STR and, therefore,
by SELIC too. In such a case, the relevant securities revert to their previous status, ie they
are free for use in another transaction.
However, as in any similar system, the liquidity risk and replacement cost risk faced by
participants are not addressed at system level. A securities borrowing and lending
programme is available to mitigate the risk of a participant failing to meet its securities
delivery obligations.
100
These securities include: fixed rate bonds; inflation-indexed bonds; floating interest rate bonds; et étranger
exchange-indexed bonds. Their maturities vary from six months up to 40 years.
101
The system’s regulations permit some “chain transactions”. These are used mainly for liquidity-saving
purposes (in October 2010, for instance, such transactions accounted for 6% of the daily total value of
transactions processed in the system). Although their settlement is processed on a gross basis, the availability
of securities and funds is checked by the relevant system, ie SELIC for the securities leg and STR for the
funds leg, taking into account the entire transaction chain. When checking the availability of funds and
securities, the relevant system will settle all transactions at the same time, provided that all relevant accounts
(securities and funds) have a positive balance at the end of the process.
102
Transactions involving the sale of securities carried out on the same day as they were acquired in a primary
auction are not subject to the restriction.
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4.4.1.6 Links to other systems
For collateral management purposes, SELIC is linked to CETIP and all BM&FBOVESPAoperated clearing houses. In the case of the BM&FBOVESPA – Debt Securities
Clearinghouse, the link is also used to settle the relevant final positions of securities. SELIC
is also linked to STR for settling the funds leg of each transaction.
4.4.1.7 Pricing
The SELIC pricing policy aims at recovering operational costs. Only a custody fee is
charged, ie there is no specific per transaction settlement fee. The custody fee is charged as
a percentage of the value of securities deposited in each custody account and ranges from
0.00015% (values larger than BRL 10 billion) to 0.00035% (values up to BRL 5 billion).
4.4.1.8 Major ongoing and future projects
New features added in November 2010 include a system for electronic securities auctions, a
new graphic interface, and a modified access policy for custody accounts (custody account
holding was extended to several non-bank financial institutions).
4,5
Use of securities infrastructure by the central bank
All BCB’s monetary policy operations involving government securities, as well as intraday
credit operations, are carried out through SELIC. All such transactions are settled in real
temps. BCB also uses SELIC to carry out primary auctions on behalf of the National Treasury.
102
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Payment, clearing and
settlement systems in
Canada
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Contenu
List of abbreviations..............................................................................................................107
Introduction ...........................................................................................................................109
1.
Institutional aspects.....................................................................................................111
1.1
The general institutional framework ...................................................................111
1.1.1 The legal and regulatory framework .........................................................111
1.2
The role of the central bank ...............................................................................114
1.2.1 Operational roles.......................................................................................114
1.2.2 Oversight...................................................................................................115
1.2.3 Cooperation with other institutions............................................................116
1.3
The role of other private and public bodies ........................................................117
1.3.1 Department of Finance .............................................................................117
1.3.2 The Canadian Payments Association .......................................................117
1.3.3 Provincial regulators .................................................................................118
2
Payment media used by non-banks ............................................................................118
2.1
Cash...................................................................................................................118
2.2
Non-cash payments ...........................................................................................119
2.2.1 Paper-based payments.............................................................................119
2.2.2 Electronic transfers ...................................................................................120
2.2.3 Payment cards ..........................................................................................121
2.2.4 Automated teller machines (ATMs)...........................................................124
2.3
Recent developments ........................................................................................124
Contactless and mobile phone payments ..........................................................124
Online debit card payments ...............................................................................125
Other recent developments................................................................................125
3
Payment systems ........................................................................................................126
3.1
General overview ...............................................................................................126
3.2
The Large Value Transfer System .....................................................................126
3.2.1 Institutional framework ..............................................................................126
3.2.2 Participation ..............................................................................................127
3.2.3 Types of transactions................................................................................127
3.2.4 Operation of the system and settlement procedures ................................128
3.2.5 Risk management .....................................................................................128
3.2.6 Pricing .......................................................................................................129
3.2.7 Major ongoing and future projects ............................................................130
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3.3
Retail payment systems – the Automated Clearing Settlement System ........... 130
3.3.1 Institutional framework ............................................................................. 130
3.3.2 Participation ............................................................................................. 130
3.3.3 Types of transactions ............................................................................... 131
3.3.4 Operation: the transaction processing environment and settlement ........ 131
3.3.5 Risk management .................................................................................... 132
3.3.6 Pricing ...................................................................................................... 133
3.3.7 Future developments ............................................................................... 133
4
3.4
Offshore payment systems – CLS Bank............................................................ 133
3,5
Other cross-border payment arrangements ...................................................... 134
Systems for post-trade processing, clearing and securities settlement...................... 135
4.1
General overview .............................................................................................. 135
4.2
Post-trade processing systems ......................................................................... 135
4.3
Central counterparties and clearing systems .................................................... 135
4.3.1 Canadian Derivatives Clearing Corporation............................................. 135
4.3.2 CDS Clearing and Depository Services Inc (CDS) .................................. 137
4.3.3 Natural Gas Exchange Inc ....................................................................... 137
4.3.4 ICE Clear Canada .................................................................................... 138
4.4
Securities settlement systems ........................................................................... 138
4.4.1 CDS Clearing and Depository Services Inc ............................................. 138
4,5
The use of securities infrastructure by the central bank .................................... 142
4.5.1 Collateral management ............................................................................ 142
4.5.2 Monetary policy ........................................................................................ 143
4.5.3 Government debt administration .............................................................. 143
4.5.4 Client services.......................................................................................... 143
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List of abbreviations
ACSS
ACV
AMF
ASO
AU M
BNDS
BoC
CCP
CDCC
CDS
CLS
CP Act
CPA
CPSS
CSA
CUCC
DTCC
DVP
EDI
EFTPOS
ACFC
ICE
IDP
IIAC
IIROC
IMN
LVTS
MX
MFDA
NGX
OSC
OSFI
PAC
PCSA
ÉPINGLE
POS
SAC
SCD
USBE
CPSS – Red Book – 2011
Automated Clearing Settlement System
Aggregate Collateral Value
Autorité des marchés financiers
additional settlement obligation
guichet automatique
Bank Note Distribution System
Bank of Canada
central counterparty
Canadian Derivatives Clearing Corporation
CDS Clearing and Depository Services Inc
Continuous Linked Settlement
Canadian Payments Act
Canadian Payments Association
Committee on Payment and Settlement Systems
Canadian Securities Administrators
Credit Union Central of Canada
Depository Trust and Clearing Corporation
delivery versus payment
electronic data interchange
electronic funds transfer at the point of sale
Financial Consumer Agency of Canada
Intercontinental Exchange
Interac Direct Payment
Investment Industry Association Canada
Investment Industry Regulatory Organization of Canada
Inter-Member Network
Large Value Transfer System
Montréal Exchange
Mutual Fund Dealers Association of Canada
Natural Gas Exchange Inc.
Ontario Securities Commission
Office of the Superintendent of Financial Institutions
Payment Advisory Committee
Payment Clearing and Settlement Act
numéro d'identification personnel
point de vente
Stakeholder Advisory Council
Shared Cash Dispensing
US Bulk Exchange
107
Canada
introduction
Regulatory responsibilities for payment systems are shared between the Bank of Canada
and the Federal Minister of Finance. The Bank of Canada has responsibility for the oversight
of payment, clearing and settlement systems it has designated for the purpose of controlling
systemic risk. The Minister of Finance has certain oversight powers for the Canadian
Payments Association, as well as for payment, clearing and settlement systems. The two
bodies coordinate oversight activities through a non-statutory body called the Payments
Advisory Committee (PAC).
The Canadian Payments Association (CPA), established in 1980, is a not-for-profit
organisation with membership open to deposit-taking and certain non-deposit-taking financial
institutions. The CPA has a legal mandate to establish and operate systems for clearing and
settling payments; to interact with other such systems; and to facilitate the development of
new payment technologies. Under this mandate, the CPA owns and operates the two
national payments systems: the Large Value Transfer System (LVTS) and the Automated
Clearing Settlement System (ACSS). The CPA also owns and operates the US Bulk
Exchange System (USBE), which facilitates the clearing of US dollar-denominated payments
between members of the CPA.
The LVTS, Canada’s principal system for large-value and time-sensitive payments, began
full operations in February 1999. It is an electronic credit transfer system that provides realtime processing and finality of payment. Its risk management arrangements ensure that
payments are final and irrevocable once processed and that settlement will occur even in the
event of a default by one or more participants with the largest net debit positions.
The ACSS was introduced in 1984 to automate the clearing and settlement of payments in
Canada. It is a deferred net settlement system that clears and settles electronic payments
and paper-based payments, such as cheques. With the introduction of the LVTS, the ACSS
is now primarily oriented to retail payments.
For both the LVTS and ACSS, access to the systems is tiered, with CPA members able to
access each system directly or indirectly through other members with direct access.
Settlement occurs across accounts that direct participants hold at the Bank of Canada. le
LVTS is by far the larger system by value – accounting for approximately 90% of the total
value of payments cleared and settled in Canadian payment systems.
A wide variety of options for making cashless payments exists. The use of cheques has
continued to decline over the past decade, while electronic payment methods, such as debit
and credit card payments and online bill payments, have grown rapidly.
The prevalent credit card networks are operated by Visa, MasterCard and American Express
(Amex). The main debit card network in Canada is operated by the Interac Association,
which offers two services: a shared network for cash withdrawal from ATMs, and a shared
network that allows debit card holders pay for purchases at the point of sale (EFTPOS). Tous les deux
services are widely used and accepted in Canada.
CLS Bank, in operation since 2002, facilitates the settlement of foreign exchange
transactions in 17 currencies, including the Canadian dollar. CLS Bank uses the LVTS as its
approved payment system for the Canadian dollar, for the settlement of CLS pay-ins and
pay-outs in the currency.
The two systems for clearing and settling securities and derivatives transactions are CDSX1
and the Canadian Derivatives Clearing Corporation (CDCC). The former is owned and
1
CDSX is the full name of the system; it is not an acronym.
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operated by the CDS Clearing and Depository Services Inc (CDS), a subsidiary of the
Canadian Depository for Securities Limited, which is itself owned by the major Canadian
chartered banks, members of the Investment Industry Regulatory Organization of Canada
(IIROC)2 and the TMX Group.3 CDCC is a wholly owned subsidiary of the Montréal Exchange
(MX), which has itself been owned by the TMX Group since May 2008. By transaction value,
CDSX is the larger of the two systems.
In addition to depository services, CDSX facilitates the clearing4 and settlement of Canadian
dollar-denominated debt, money market and equity securities. It can be described as a
model 2 delivery-versus-payment (DVP) mechanism:5 transactions are settled with securities
ownership moving on a gross basis in real time while net funds positions are settled at the
end of the day via the LVTS.6 The risk management arrangements ensure that CDSX could
adequately settle all transactions even after the failure of the participant with the single
largest net obligation to CDS.7 CDSX also includes two integrated central counterparty
facilities, for certain equities and debt.
The CDCC is the central counterparty (CCP) that clears almost all exchange-traded financial
derivatives in Canada (except rights and warrants settled in CDSX). Currently, CDCC
receives futures and options trades from two sources: the Montréal Exchange and Converge,
which provides CCP services for over-the-counter equity options. CDCC is currently working
on the implementation of a new CCP service for cash fixed income transactions and
repurchase agreements (repos).
The Bank of Canada is involved in the payments and securities clearing and settlement
systems in various ways. First, the Bank of Canada oversees the LVTS, CDSX and CLS
Bank for the purpose of controlling systemic risk. Second, the Bank provides a settlement
account to each of the CPA members that participate directly in the ACSS and the LVTS.
Settlement is completed across these accounts. Third, the Bank provides collateralised
advances to these same participants to fund end-of-day obligations in the LVTS if necessary.
Fourth, the Bank accepts collateral and provides various collateral services in support of
LVTS intraday operations and advances. Fifth, the Bank acts as the settlement agent for
CDS with respect to the money settlement of CDSX, making and receiving payments on
CDS’s behalf through the LVTS. The Bank also provides the CLS Bank with a settlement
account and makes and receives payments on its behalf through the LVTS. Finally, the Bank
of Canada is a CPA member and participates directly in the LVTS and the ACSS. The Bank
is also a participant in CDSX.
2
IIROC, which was created in 2008 through the amalgamation of the Investment Dealers Association of
Canada and Market Regulation Services Inc, self-regulates aspects of the investment industry in Canada.
3
TMX Group owns and operates two major stock exchanges in Canada: the Toronto Stock Exchange (for
senior equity) and the TSX Venture Exchange (for public venture equity). TMX Group also has other
subsidiaries such as the Montréal Exchange (for derivatives trading), the Canadian Derivatives Clearing
Corporation (a central counterparty), the Natural Gas Exchange (for natural gas and electricity contracts) and
Shorcan (a fixed income inter-dealer broker).
4
For non-CCP-related services, clearing pertains to reconciliation, confirmation and netting of participants’
positions. For CCP-related services, clearing also includes novation.
5
See Committee on Payment and Settlement Systems, Delivery versus payment in securities settlement
systems, Basel, 1992, page 4 (http://www.bis.org/publ/cpss06.pdf).
6
CDS’s model 2 DVP also has additional risk mitigation features such as: (i) simultaneous transfer of funds and
securities at the time of settlement are final and irrevocable; and (ii) negative funds balances are fully
collateralised.
7
See Section 4.2.1: CDSX will settle even in the event of the failure of the largest extender of credit in the
système.
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1.
Institutional aspects
1.1
The general institutional framework
The general legal and regulatory framework governing payments, clearing and settlement
systems is discussed first, followed by a description of those institutions eligible to participate
in the Canadian payments system.
1.1.1
The legal and regulatory framework
The general legal framework for the Canadian payments system involves both public laws
and private laws. Public laws are rules that have compulsory application by statute and are
designed to promote the public interest. They include the Canadian Payments Act, the
Payment Clearing and Settlement Act, the Bank of Canada Act, the Bank Act, the Bills of
Exchange Act, the Currency Act, provincial securities laws, federal insolvency laws, and
federal and provincial consumer protection laws.
Private laws are those rules that establish the legal framework of voluntary arrangements
and are created to define and promote individual responsibilities and rights. These laws
include property law, commercial law and contract law. They relate, among other things, to
the autonomy of contracting parties, the liability for contractual commitments and good faith
in mutual relations. For example, the deposit agreements and payments service contracts
between individuals and their deposit-taking institutions, as well as the membership criteria,
by-laws, procedural rules and operating standards of the Interac Association and credit card
companies are legally validated through private law. However, the by-laws and procedural
rules of the CPA, which is a statutory body, are defined under both public and private laws.
The most relevant legislation and voluntary standards are discussed below.
The Canadian Payments Act (CP Act)
The CP Act establishes the role of the Canadian Payments Association (CPA) and the
Minister of Finance in the Canadian payments system. The Act gives certain oversight
powers to the Minister of Finance respecting payments systems and the CPA.8
The CP Act gives the CPA Board of Directors the power to make by-laws (which require the
approval of Governor in Council)9 and rules that set out the procedures and standards
governing the daily operations of participants in its national clearing and settlement systems.
Among the items covered in the by-laws are the organisational structure of the clearing and
settlement systems; the general procedures for the clearing of payments and their
subsequent settlement on the books of the Bank of Canada; the description of which classes
of items are eligible for clearing in the national system; and the definition of the rights and
responsibilities of member institutions. These by-laws, together with the related rules, can be
considered to form the operational framework of the LVTS and the ACSS.10
The Payment Clearing and Settlement Act (PCSA)
The PCSA gives the Bank of Canada responsibility for the oversight of payment, clearing and
settlement systems in Canada for the purpose of controlling systemic risk. The Bank
designates those systems with the potential to create systemic risk as being subject to the
8
See Section 1.3.1 for more on the role of the Minister of Finance.
9
The Governor in Council is the federal cabinet, a part of the federal government.
dix
See Section 1.3.2 for more information on the CPA.
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PCSA and oversees designated systems for the appropriate control of systemic risk.11, 12, 13
The PCSA contains provisions that, when combined with federal insolvency legislation,
strengthen the legal enforceability of netting in designated systems. In addition, the PCSA
contains provisions to ensure that the settlement rules of designated systems are immune to
automatic stays, reversal or other legal challenges, even in cases where a participant in one
of these systems fails. Thus, the PCSA increases the certainty surrounding the legal
arrangements governing the operations of designated clearing and settlement systems. le
PCSA also contains provisions with respect to the services the Bank may provide to an
eligible system or its clearing house,14 such as the provision of accounts and liquidity
installations.
The Bank of Canada Act (BoC Act)
The BoC Act, by governing the powers and activities of the central bank, has an important
influence on the institutional framework of Canadian payment, clearing and settlement
systems. The Bank may open accounts for commercial banks and other members of the
CPA, and these accounts are used to effect the final settlement of payment obligations in the
ACSS and the LVTS. The Bank of Canada, as the ultimate source of liquidity to the financial
system, is authorised to make loans or advances on a secured basis to commercial banks
and other members of the CPA.
Acts governing bills of exchange
The Bills of Exchange Act sets out the statutory framework governing cheques, promissory
notes and other bills of exchange. The Act deals with matters such as what constitutes a
valid bill of exchange and the rights and obligations of various parties to a bill, including
provisions establishing liability in the event of fraud or forgery, and liabilities in the event of
the loss of an instrument.
The Depository Bills and Notes Act allows clearing houses or depositories to transfer
depository bills or notes, such as bankers’ acceptances, from seller to buyer through bookentry transfers.
Federal and provincial financial institutions statutes
The federal financial institutions statutes (Bank Act, Trust and Loans Companies Act,
Cooperative Credit Associations Act and Insurance Companies Act), coupled with legislation
governing provincially incorporated financial institutions, provide the statutory underpinnings
of the Canadian financial system. These statutes regulate such matters as corporate
ownership and business powers, and define many aspects of the relationships between
financial institutions and their customers, the government and some government agencies.
11
The Minister of Finance must be of the opinion that designation is in the public interest. See Section 1.2.2.
12
The PCSA directs the Bank to be concerned with the oversight of clearing and settlement systems, rather than
the regulation of a particular financial market or the supervision of the affairs of individual financial institutions
that may be members of these systems. Any matter that is not directly related to an institution’s participation in
a designated clearing and settlement system is not subject to the Bank’s oversight under the PCSA.
13
The PCSA does not define specific criteria to be used to evaluate the potential for systemic risk. The Bank
has, however, published criteria as part of its “Guideline Related to Bank of Canada Oversight Activities”. Ce
document is available at http://www.bankofcanada.ca/en/financial/guide2002.html.
14
The PCSA defines a clearing house as a corporation, association, partnership, agency or other entity that
provides clearing or settlement services for a clearing and settlement system, but does not include a stock
exchange or the Bank of Canada.
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Governed by the Office of the Superintendent of Financial Institutions Act, the Office of the
Superintendent of Financial Institutions (OSFI) is responsible for regulating and supervising
federally chartered financial institutions, which include many of the financial intermediaries
that provide payment services. OSFI administers the various federal financial institutions
statutes and, in carrying out its responsibilities, identifies institution-specific risks and
intervenes in a timely manner to prevent or mitigate losses to depositors and policyholders.
The various provincial securities commissions currently regulate and oversee different
aspects of the securities industry and capital markets in Canada. For example, the Ontario
Securities Commission (OSC) administers and enforces the Ontario Securities Act, and the
Autorité des marchés financiers (AMF) administers and enforces the Quebec Securities Act
and the Quebec Derivatives Act. Some provincial securities commissions are involved in the
regulation of certain clearing and settlement systems for securities and derivatives
transactions, such as the systems operated by CDS and CDCC. A regulatory passport
system permits some cross-provincial coordination, but this remains limited. In June 2009,
the Government of Canada announced the creation of the Canadian Securities Transition
Office to develop a national Canadian securities regulator, and in May 2010, it released the
proposed Canadian Securities Act. The proposed Act would harmonise the existing
provincial securities legislation in the form of a single statute. At this time, it is expected that
provincial participation will be voluntary and the national regime will apply to provinces and
territories that opt in.
The Canadian Code of Practice for Consumer Debit Card Services15
The Canadian Code of Practice for Consumer Debit Card Services is an industry-led initiative
that establishes minimum levels of consumer protection in debit card arrangements. le
Code was developed and revised through consultation among consumer groups, financial
institutions, retailers and government, and is voluntary and not legally binding on
organisations that endorse the Code.16
Canadian Code of Practice for Consumer Protection in Electronic Commerce17
The Canadian Code of Practice for Consumer Protection in Electronic Commerce provides
merchants that choose to endorse the Code with a set of principles and benchmarks for good
business practices for conducting commercial activities with consumers online. The code is
voluntary and not legally binding. It was developed by various industry representatives and
released in 2004. The set of principles addresses consumer information provision, contract
formation and fulfilment, online privacy, security of payment and personal information,
redress and unsolicited e-mail.
The Code of Conduct for the Credit and Debit Card Industry in Canada18
The Code of Conduct for the Credit and Debit Card Industry in Canada came into effect in
August 2010. It was introduced by the Department of Finance to address issues related to
15
The Code of Practice for Consumer Debit Card Services is available at
http://www.fcac-acfc.gc.ca/eng/industry/RefDocs/DebitCardCode/DebitCardCode-eng.asp.
16
The following organisations endorse the Code: the Canadian Bankers Association, Canadian Federation of
Independent Business, Credit Union Central of Canada, Consumers’ Association of Canada, La Fédération
des caisses Desjardins du Québec, Retail Council of Canada. In addition, the Canadian Payments Association
supports the Code.
17
The Code of Practice for Consumer Protection in Electronic Commerce is available at http://cmcweb.ca.
18
The Code of Conduct for the Credit and Debit Card Industry is available at
http://www.fin.gc.ca/n10/10-029-eng.asp.
CPSS – Red Book – 2011
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the costs and conditions of accepting credit and debit cards. It also addresses the application
of competing domestic networks on the same card and the issuance of premium credit cards.
The purpose of the Code is to ensure that merchants who accept credit and debit cards are
fully aware of their payment card costs, have more pricing flexibility and can freely choose
which payment options they accept. The Code applies to credit and debit card networks,
issuers and acquirers. Compliance with the Code is monitored by the Financial Consumer
Agency of Canada (FCAC).
1.2
The role of the central bank
The Bank of Canada has various operational roles as well as responsibility and authority for
the oversight of designated clearing and settlement systems operating in Canada, for the
purpose of controlling systemic risk.
1.2.1
Operational roles
The Bank of Canada does not own or operate any payment, clearing or settlement systems,
although it is a member of the CPA and a participant in the LVTS, ACSS and CDSX. le
Bank does, however, provide the following services:
Provision of a settlement asset
The LVTS and ACSS use claims on the Bank of Canada to settle net payment obligations
among those participants that participate directly in these systems.19 This is supported
through the provision of domestic currency settlement accounts by the Bank of Canada to
participants.
Standing liquidity facility
The Bank of Canada provides collateralised, overnight advances to participants in the LVTS.
These advances provide a source of immediate liquidity should they need to fund an end-ofday settlement obligation.
An LVTS advance is a secured loan provided by the Bank of Canada to a participant in the
LVTS to cover a net amount owed by the institution in its end-of-day LVTS position. le
interest rate on the overnight loan is set at the upper limit of the Bank of Canada’s operating
band for the overnight interest rate – the Bank Rate. Positive balances on the participants’
accounts with the Bank of Canada are paid interest at the bottom of the operating band.
Collateral services
The Bank of Canada performs several functions respecting the collateral pledged to it by
direct participants in support of overnight advances and use of the LVTS. The Bank
establishes the types of assets acceptable for pledging, values the pledged securities
(including an applicable haircut) and reports the valuations to the LVTS.20
Settlement agent services
The Bank of Canada provides accounts and acts as settlement agent, or “banker”, for CDSX,
which is operated by CDS. CDSX settles trades of debt securities and equities in Canada
and reports to participants the net payment obligations owed to (and from) other participants
19
See Section 3 for more on the LVTS and the ACSS.
20
See Assets eligible as collateral under the Bank of Canada’s standing liquidity facility, Bank of Canada,
July 2010, available at http://www.bankofcanada.ca/.
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resulting from these trades.21 To effect settlement, CDS receives LVTS payments into its
account at the Bank of Canada from participants that owe money and makes LVTS
payments to participants entitled to receive money. In addition, the Bank provides CDS with
a cash collateral account and an account for the collection of entitlement payments received
via the LVTS during the day.
The Bank of Canada also provides the CLS Bank with a settlement account and makes and
receives Canadian dollar payments on its behalf in the LVTS.22
As a participant in the LVTS, ACSS and CDSX, the Bank sends and receives payments and
conducts securities transactions on its own behalf and on behalf of the federal government,
other central banks and foreign official financial institution clients, such as the International
Monetary Fund (IMF) and the Bank for International Settlements.
1.2.2
Oversight
Under the Payment Clearing and Settlement Act (PCSA), the Bank of Canada reviews all
eligible payment and other clearing and settlement systems for their potential to pose
systemic risk. A system is eligible for review by the Bank if:

it has three or more participants, one of which is a bank;

it clears or settles Canadian dollar payment obligations; et

the payment obligations are ultimately settled through accounts at the Bank of
Canada.
If the Governor of the Bank forms the opinion that a system has the potential to pose
systemic risk, the system may be designated as subject to the PCSA, provided that the
Minister of Finance is of the opinion that this is in the public interest. Once designated, a
system has to satisfy the Bank that it has mechanisms in place to manage and control
systemic risk associated with the system. The Governor may issue directives to the system
operators or to participants in a designated system in extreme situations where the Governor
judges that systemic risk is being inadequately controlled. The Bank has designated the
LVTS, CDSX and CLS Bank under the PCSA.
The “Guideline related to Bank of Canada oversight activities under the Payment Clearing
and Settlement Act”,23 issued by the Bank of Canada in 2002, describes how the Bank
operates under the PCSA, particularly in gathering information to identify systems eligible for
review and in determining whether eligible systems will be designated. The guideline also
indicates the minimum standards that the Bank applies to designated systems. Celles-ci
minimum standards incorporate the international standards issued by the Committee on
Payment and Settlement Systems (CPSS) and the International Organization of Securities
Commissions (IOSCO).24 The LVTS, Canada’s principal system for large-value payments,
has been assessed by the Bank as being in full compliance with the 2001 CPSS Core
Principles for systemically important payment systems. In addition, in June 2000, the IMF
and the World Bank published their Report on the Observance of Standards and Codes on
21
See Section 4.4.1.
22
Other than CLS, no foreign, non-Canada-domiciled banks are granted direct access to accounts at the Bank
of Canada. However, the Bank of Canada provides accounts to other central banks and foreign official
institutions.
23
The guideline is available at: http://www.bankofcanada.ca/en/financial/guide2002.html.
24
For more information, see Clyde Goodlet, “Core principles for systemically important payments systems and
their application in Canada”, Bank of Canada Review, Spring 2001.
CPSS – Red Book – 2011
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Canada
Canada (prepared in the context of the Financial Sector Assessment Program) which
concluded that the LVTS is in full compliance with the CPSS core principles.25 In January
2008, an IMF Report on the Observance of Standards and Codes concluded that CDSX is in
full compliance with the majority of the 2001 CPSS-IOSCO recommendations for securities
settlement systems.
The PCSA also provides the Bank of Canada with a number of powers that it could exercise
with respect to designated payment, clearing and settlement systems. Two noteworthy
powers are the ability to provide a guarantee of settlement to particular systems and the
ability to pay interest on special deposits accepted from the participants in particular
systems. With regard to the former, the Bank of Canada has provided a guarantee that the
LVTS will settle in all circumstances. The guarantee could only be called on in the following
extremely unlikely circumstances: there is an unanticipated failure of more than one
participant on the same day during LVTS operating hours; the failing participants have a net
owing position vis-à-vis the system; and the amount owed by the failing participants exceeds
the value of collateral that has been pledged to the Bank of Canada.26
To carry out its oversight responsibilities, the Bank engages in regular monitoring, meetings
and correspondence with the payment system operators; conducts on-site inspections; et
reviews proposed changes to a designated system’s operations, arrangements, rules and
procedures to analyse their implications for systemic risk. The Bank supports these activities
through various research initiatives, which help to inform policy-related decisions. Audits and
self-assessments of designated systems are conducted annually.
The Bank does not have oversight powers with respect to non-designated systems. Il
therefore does not oversee or apply any standards to eligible but non-designated systems.
However, the Bank regularly monitors developments and conducts research and analysis to
periodically assess payment clearing and settlement systems for their potential to pose
systemic risk.
1.2.3
Cooperation with other institutions
The Bank of Canada shares oversight authority of CDSX with the Ontario Securities
Commission (OSC) and the equivalent securities commission for Quebec, the Autorité des
marchés financiers (AMF). While there are some common responsibilities in relation to
regulating CDSX (eg risk controls), the mandates of these regulators do not fully overlap with
the Bank’s. The emphasis lies in maintaining strong relationships between the different
regulators and there is frequent communication regarding the various changes and
amendments to the systems.
With regard to oversight of CLS Bank, responsibilities are shared across the central banks
with eligible currencies in the system, including the Bank of Canada. In November 2008, the
cooperative oversight arrangement was formalised in a protocol document that provides a
mechanism for participating central banks to carry out their individual responsibilities while
promoting a consistent oversight approach. The Federal Reserve Bank of New York is the
lead overseer of CLS and coordinates the cooperation between participating central banks.
The shared oversight arrangement enables CLS to be overseen in a comprehensive manner
while keeping to a minimum the duplication of effort.
The Bank of Canada’s cooperation with the Department of Finance and the Canadian
Payments Association is described in the following section.
25
This report is available at http://www.imf.org/external/np/rosc/can/index.htm.
26
See Section 3.2 for more on the LVTS.
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1.3
The role of other private and public bodies
1.3.1
Department of Finance
The Minister of Finance has oversight powers respecting the Canadian Payments
Association (CPA) and payments systems under the Canadian Payments Act (CP Act).
These include approval and directive powers regarding by-laws, rules and standards set out
by the CPA, or any other payment system designated for such oversight under the CP Act.
The main objective of the Minister’s oversight is to protect public interests. The Minister
oversees the Canadian Payments Association and its systems (ACSS and LVTS).27
As both the Bank of Canada and the Minister of Finance have the ability to designate
payments systems, a non-statutory body called the Payments Advisory Committee (PAC)
has been formed to coordinate oversight activities and to advise the Minister of Finance and
Governor of the Bank of Canada on relevant issues. The group is co-chaired by senior
officers of the Department of Finance and the Bank of Canada.
1.3.2
The Canadian Payments Association
The Canadian Payments Association (CPA) is a not-for-profit organisation created by an Act
of Parliament in 1980 under the Canadian Payments Association Act. The Act was modified
in 2001 and renamed the Canadian Payments Act (the CP Act).
Mandate and services
The mandate of the CPA under the CP Act is threefold, and in fulfilling this mandate, the
CPA has the public policy objective to “… promote the efficiency, safety and soundness of its
clearing and settlement systems and take into account the interests of users”. The mandate
of the CPA is to:

establish and operate national systems for the clearing and settlement of payments
and other arrangements for the making or exchange of payments;

facilitate the interaction of its clearing and settlement systems and related
arrangements with other systems or arrangements involved in the exchange,
clearing or settlement of payments; et

facilitate the development of new payment methods and technologies.
In carrying out its mandate, the CPA owns and operates the two main national systems for
the clearing and settlement of payments in Canada: the Automated Clearing Settlement
System (ACSS) and the Large Value Transfer System (LVTS). Through a network of
committees representing its members and stakeholders, the CPA interacts with financial
institutions and users of the payments system operating in Canada and actively investigates
emerging payments and payment-related issues and services.
Membership and governance
Membership in the CPA is open to the Bank of Canada; all domestic banks; banques étrangères
authorised to operate in Canada; other deposit-taking institutions such as credit union
centrals and trust and loan companies; and certain types of non-deposit-taking financial
institutions, namely, life insurance companies, securities dealers and money market mutual
funds.
27
The Minister may designate other payment systems if it is substantially national in scope or plays a major role
in supporting transactions in Canadian financial markets or the Canadian economy. To date, the Minister has
not designated a payment system under the Act.
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Canada
The CPA is governed by a 16-person Board of Directors (Board), where the Chair is a senior
representative of the Bank of Canada. Three further positions on the Board are appointed by
the Minister of Finance and the rest are elected by CPA members, with half of the seats
assigned to “bank” class members and half assigned to “non-bank” members. Also
contributing to the mandate of the CPA is the Stakeholder Advisory Council (SAC), which
provides advice to the Board on payment, clearing and settlement issues. The SAC consists
of no more than 20 persons including two Board members and is broadly representative of
the users of the CPA’s services and the service providers.
The CPA operates under the authority of the CP Act. Through its Board, the CPA sets bylaws, rules and standards that govern members’ participation in these systems and outlines
operational procedures. All CPA by-laws are approved by Cabinet.28 CPA rules and
standards, including amendments to such, are subject to a 30-day review period by the
Minister of Finance who has the power to disallow any rule, in whole or in part, that is not
deemed to be in the public’s interest. The Minister also has the authority to direct the CPA to
make, amend or repeal a by-law, rule or standard.
1.3.3
Provincial regulators
Every province and territory has one or more bodies to regulate financial institutions under
provincial responsibility. The regulation of the securities industry is a provincial responsibility
and each province has its securities commission or administrator that is generally
accountable to the Provincial Ministry of Finance. These provincial regulators participate in
an organisation called the Canadian Securities Administrators (CSA). The CSA’s objective is
to coordinate and harmonise regulation of the Canadian capital markets.29
2
Payment media used by non-banks
2.1
En espèces
The Bank of Canada is the sole issuer of Canadian bank notes under the Bank of Canada
Act. It is responsible for designing, producing and distributing bank notes. The Bank of
Canada meets the public’s demand for bank notes by providing bank notes to financial
institutions through the Bank Note Distribution System.30 Financial institutions distribute bank
notes to their own branch network, other financial institutions, retailers and ultimately the
Publique. Notes no longer fit for circulation are returned to the Bank of Canada for destruction.
Denominations currently printed and issued are the 5, 10, 20, 50 and 100 dollar bank notes.
In late 2011, the Bank of Canada will begin to introduce a new series of bank notes with the
same denominational structure.
The Royal Canadian Mint is a crown corporation that operates under the Royal Canadian
Mint Act. The Mint is responsible for issuing Canadian coin, which is a separate function from
the Bank of Canada’s role in issuing bank notes.31 The Act specifies that all Canadian coins
produced by the Mint shall be delivered to the Minister of Finance or a designate. le
28
That is, approved by the executive branch of the federal government.
29
The CSA website is at http://www.securities-administrators.ca/.
30
See G Bilkes, “The new bank note distribution system”, Bank of Canada Review, Summer 1997.
31
On occasion, the Department of Finance, the Bank of Canada and the Mint will consult each other and
cooperate on certain initiatives, such as the past replacement of the CAD 1 and 2 bank notes by coins.
118
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Department of Finance therefore buys coinage from the Mint and sells it to financial
institutions.
The coin denominations currently issued are the 1, 5, 10 and 25 cent pieces and the 1 and
2 dollar pieces. Both bank notes issued by the Bank of Canada, including those notes that
are no longer issued but still in circulation, and coins issued by the Royal Canadian Mint are
legal tender.32
As of 2009, the value of bank notes and coin issued stood at CAD 60.5 billion.
2.2
Non-cash payments
Non-cash payments can be divided into paper or electronic payments. Paper-based
payments of less than CAD 25 million are cleared through the ACSS.33 Electronic payments
are cleared in both the ACSS and LVTS.34
The volume of paper-based items cleared through ACSS has declined considerably with the
rapid expansion of electronic payments. In 1990, paper-based items represented 87% of the
total number of ACSS transactions and electronic payments represented only 13%. By 2009,
paper-based items represented 16% and electronic payments represented 84% of ACSS
transactions. The value of paper-based items cleared in ACSS has also declined over time.
However, paper-based items represented 58% of the total value of ACSS transactions in
2009, still exceeding that of electronic payments (42%). This can partly be explained by the
continued use of large paper-based items,35 which are those greater than CAD 50,000 and
less than CAD 25 million.
2.2.1
Paper-based payments
The vast majority of paper-based payments in Canada are cheques. Less frequently used
paper items include traveller’s cheques, money orders, bank drafts, paper-based remittances
and paper preauthorised debits. The framework surrounding the exchange of paper items is
set out in the CPA’s by-laws, rules and standards.
Cheques
A cheque is a bill of exchange drawn on a member of the CPA and is payable on demand of
the person/institution to whom the item is directed. The statutory framework for cheques is
provided by the Bills of Exchange Act36 and they are subject to the by-laws and rules of the
CPA.
Cheques were once the predominant method for making cashless payments. However, with
the commencement of the LVTS, the use of cheques for large-value payments has
decreased substantially as payments have moved to this well risk-proofed, electronic credit
transfer system. For small retail transactions at the point of sale too, the use of cheques has
32
The legal tender status of Canadian bank notes falls under the Bank of Canada Act:
http://laws.justice.gc.ca/en/B-2/FullText.html. Coin is considered legal tender in Canada up to certain limits, as
is described in the Currency Act: http://laws.justice.gc.ca/en/C-52/FullText.html.
33
In 2003, a CAD 25 million limit was imposed on paper items cleared in ACSS. This forced the migration of
such large-value payments to the LVTS.
34
For a description of ACSS settlement, see Section 3.3.4.
35
LVTS only processes electronic payments. High-value paper items typically relate to business-to-business
transactions.
36
See Section 1.1.1.
CPSS – Red Book – 2011
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Canada
given way to debit and credit cards. In 2009, an estimated 1.1 billion cheques worth
CAD 3.4 trillion were used in Canada. This represents a decline of almost 20% in volume
and 4% in nominal value over the previous five years.
2.2.2
Electronic transfers
Automated funds transfers and account-holder initiated one-time transfers are cleared and
settled through the ACSS and subject to the applicable CPA by-laws, rules and standards.
Electronic Funds Transfers
Electronic funds transfer (EFT) payment media include direct debit (debit transfers) and
direct credit. Direct debits are payments preauthorised by the payer. As preauthorised debits,
they may be payable at regular intervals for obligations such as rent or mortgage payments,
organised savings programmes, bill payments and tax payments. They may also be sporadic
payments subject to certain authorisation and notification requirements. The debit and
transfer process is initiated by payment instructions from the payee through its financial
institution.
Direct credits (or standing orders) are payments transferred on a prearranged basis directly
into the payee’s account at regular repeating intervals. Each transfer is initiated by payment
instructions from the payer to its bank to debit its account and forward the payment to the
payee’s account at its deposit-taking institution. These include such payment items as direct
payroll deposit and regular government transfer payments.
Both direct debit and direct credit have been growing significantly in volume and value. Over
the past five years, direct debit grew 28% in volume and 56% in value. Direct credit grew
33% in volume and 76% in value over the same period. In 2009, there were 756 million direct
debits worth CAD 604 billion and 703 million direct credits worth CAD 1.4 trillion.
Account-holder initiated transfers
One-time credit transfers initiated by account holders are often in the form of electronic bill
Paiements. It is increasingly common for consumers and businesses to conduct electronic bill
payments over the internet, whether that is on the biller’s website, through online banking or
through third parties that authorise and accept online payments from customers to pay
businesses on the customer’s behalf.37, 38 Account holders may also initiate credit transfers
for bill payments using their financial institution’s automated telephone banking service or
ATMs. Electronic bill payments that clear and settle through the ACSS may fall under the
CPA’s framework and rules for bill payments, which include the use of electronic data
interchange (EDI). (EDI provides remittance information in a standardised format.) However,
many small and medium-size billers have end-to-end bill payment arrangements with their
financial institutions and do not follow the CPA’s bill payment framework or use EDI. le
same applies to bill payment services provided by third parties and credit card schemes.
Nonetheless, in 2009, ACSS cleared and settled 2.2 million business-to-business EDI bill
payments worth CAD 128 billion and 342 million consumer-to-business EDI bill payments
worth CAD 106 billion. Over the previous five years, the combined EDI payments grew a
remarkable 93% in volume and 63% in value.
37
For more information, see N Chande, “A survey and risk analysis of selected non-bank retail payments
systems”, Bank of Canada Discussion Paper, no 17, 2008 (http://www.bankofcanada.ca/en/res/dp/2008/dp0817.pdf).
38
The 2009 Canadian Internet Use Survey, conducted by Statistics Canada, suggested that 67% of Canadians
use the internet for online banking or bill payments.
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The use of Interac Online and Interac Email Money Transfer39 are other examples of credit
transfers initiated by account holders; however, the value and volume of these transactions
are currently relatively small.
Credit transfers through the LVTS
The LVTS facilitates large-value and time-sensitive credit transfers between direct
participants in the system who may act on their own and their clients’ behalf. CPA by-laws,
rules and standards govern the exchange of these payment instructions. Since the LVTS
began operations in 1999, electronic transfers made through this system have grown to
account for 90% of all payment value exchanged through CPA-operated systems.
2.2.3
Payment cards
Debit cards
Debit cards in Canada are PIN-based and generally offer two main services to the
cardholder. They allow cardholders to pay a vendor through an electronic funds transfer at
the point of sale (EFTPOS) and provide access to the ATM networks with which the card
issuer is affiliated. With respect to the latter, such networks include the card issuer’s
proprietary network, and shared networks such as Interac, The Exchange, MasterCard Cirrus
and Visa Plus.40 Interac offers the principal nationwide network for shared ATM transactions
and EFTPOS.41
Interac’s Shared Cash Dispensing (SCD) service allows cardholders to withdraw cash from
the ATM of any other Interac Association member or associated institution using a debit or
credit card with the Interac logo. The service uses a shared network, the Interac InterMember Network (IMN), to connect the proprietary systems of the members for the routing of
transactions. In 2009, the SCD service processed 244 million transactions worth a total of
about CAD 27 billion.
The Interac Direct Payment (IDP) service allows customers to pay for purchases at the point
of sale (POS).42 It also uses the Interac IMN to connect acquirers and issuers. Cardholders
validate the payment instructions through the use of a PIN, which is verified by the issuer
online and in real time for each transaction. Once a debit card transaction is authorised over
the IMN, the cardholder’s bank account is debited in real time. In 2009, 436,000 merchants
accepted debit as a method of payment and 3.9 billion transactions were processed for a
total value of CAD 171 billion.43 With 22 million active debit card users in Canada, this
represents an annual average of 174 transactions worth CAD 7,680 per user.
39
See Section 2.3, Recent developments.
40
Transactions through proprietary networks are typically cleared and settled as “on-us” transactions.
41
The role of Interac Association is to facilitate the development of shared services that support electronic
banking and payment services offered by its member institutions. It is a non-profit unincorporated association
that sets and enforces rules governing transactions routed over its network, manages network operations, and
markets Interac services. Any company incorporated in Canada is eligible for Interac membership. As of 2010,
there were 60 members representing various aspects of the payments industry (including beyond deposittaking financial institutions). Members are classified as either direct or indirect connectors and consist of
issuers, acquirers, connection service providers and settlement agents.
42
Cross Border Debit, introduced in 2005, is a service that allows Interac cardholders to use their debit card at
retailers in the United States that are connected to the NYCE network. Agreements have also been developed
with PULSE and China Union Pay to allow their cardholders to withdraw cash in Canada at ATMs of
participating acquirers.
43
By comparison, in 2005 some 391,000 merchants accepted debit cards and 3.1 billion debit card transactions
were made, worth CAD 137 billion.
CPSS – Red Book – 2011
121
Canada
Card issuers charge cardholders for access to the shared ATM network and the EFTPOS
un service. These are often bundled with other account service fees. Additional fees are often
charged when the cardholder uses an ATM that is not affiliated with the financial institution
that issued their card.
Under the 1996 Consent Order,44 Interac Association must derive its revenues solely from
switch fees and operate on a cost-recovery basis. Interac Association therefore calculates
the costs of operating the system to determine the switch fee and collects switch fees from
both the issuer and acquirer for every IDP and SCD transaction. These fees are determined
at the beginning of the fiscal year based on annual budget requirements.
Debit card interchange fees are not regulated in Canada and the 1996 Consent Order does
not restrict Interac’s ability to set the level of interchange fees.45 Interac Association therefore
determines the level of interchange fees for IDP and SCD transactions. The interchange fee
for IDP transactions is currently set at zero. As such, merchants are typically charged a flat
fee by their acquirer for every IPD transaction, as opposed to an ad valorem fee. There is,
however, an interchange fee for SCD transactions, which is paid by the card issuer to the
acquirer.
All SCD and IDP transactions will be chip-enabled by the end of 2012 and 2015,
respectively, as part of a migration towards EMV-compliant chip technology to mitigate debit
card fraud.46
Cartes de crédit
Credit cards, including charge cards, provide consumers and businesses with
uncollateralised borrowing (almost always subject to a prespecified credit limit) for either a
cash advance (eg through an ATM) or for purchases at a participating merchant. Paiements
to merchants can be made at the point of sale, by mail, or over the telephone and internet.
Cardholders are billed monthly and, depending on the terms of the card, may pay the whole
balance or a partial amount. Interest is charged on the unpaid portion and there is typically a
minimum monthly payment. For a cash advance, a consumer may be subject to a fee that is
a fixed amount, a percentage of the transaction value, or a fixed amount plus a percentage.
In addition to the cash advance fee, the credit card issuer charges interest starting on the
date the cash is withdrawn and continues to charge interest daily until the entire cash
advance is paid off.47
The main general purpose credit card brands in Canada are Visa, MasterCard and Amex.
Visa is only issued by financial institutions and MasterCard is issued by financial institutions
and offered by some major retailers. As of 2008, card issuers can issue both Visa and
MasterCard, which is referred to as duality. Amex is unique because it issues credit and
charge cards to consumers and businesses directly. Credit card issuers compete for
cardholders by offering reward and loyalty programmes, additional services, such as travel
insurance, and competitive interest rates and annual fees. In fact, many credit cards have no
annual fees.
44
In 1996, the Competition Tribunal issued a consent order that broadened Interac’s membership criteria,
established Interac’s governance and revenue structure as not-for-profit, and addressed fees, surcharges and
other aspects. See http://www.ct-tc.gc.ca/CMFiles/0093a38PPG-3102004-67.pdf.
45
See P Bergevin, “Change is in the cards: competition in the Canadian debit card market”, Backgrounder,
no 125, C D Howe Institute, February 2010.
46
EMV refers to the global chip technology standards developed by EMVCo.
47
Source: Financial Consumer Agency of Canada.
122
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Canada
Credit card acceptance in Canada is fairly high with over 670,000 merchants accepting
2.7 billion credit card transactions worth CAD 289 billion in 2009.48 Merchants receive credit
card processing services and POS equipment from acquirers. For every credit card purchase
accepted, acquirers charge merchants a percentage of the transaction value, which is
referred to as the merchant discount rate (MDR).49 The MDR includes the interchange fee
that is paid by the acquirer to the issuer for every transaction.
Credit card interchange fees are not regulated in Canada. In 2009, the Standing Senate
Committee on Banking, Trade and Commerce examined the credit and debit card systems in
Canada and their relative rates and fees. The Committee’s report suggested that the
government appoint within an existing federal organisation an “oversight board” that would,
among other things, monitor and publish annually information on trends in interchange and
other payment system fees.50 More recently, the Competition Bureau, pursuant to Section 76
of the Competition Act, included interchange fees in its December 2010 application to the
Competition Tribunal to address the arrangements that Visa and MasterCard impose on
merchants for their credit card network services.51
As with debit cards, the migration towards EMV-compliant chip technology for credit cards is
currently under way. Cardholders with chip cards will have to enter a PIN at the POS instead
of signing a receipt.
Prepaid cards
Prepaid cards in Canada have mainly consisted of single-use or reloadable gift/store cards.
These cards are either closed loop, ie redeemable at a specific retail store or chain, or semiclosed loop, ie redeemable at multiple merchants within a limited area, such as a shopping
mall. A consumer may purchase such cards using traditional methods of payment (eg cash,
debit card or credit card). When a card is purchased, the merchant will activate it by swiping
its magnetic stripe through the POS terminal. The merchant’s payment service provider will
then authorise and process future transactions made on the card. Most of these cards are
transferable; however, consumers may have the option of registering the card’s account
number online and uploading funds when desired or automatically.
Single-use gift cards and reloadable store cards are regulated in some provinces. Certain
consumer protection laws specifically regulate unclaimed card balances, expiry dates,
dormancy fees (ie fees charged for inactive use) and the disclosure of terms and conditions.
Open-loop stored value cards are available in Canada. All three major credit card brands
offer prepaid cards that are accepted anywhere their credit cards are accepted. Ainsi,
transactions are processed through their proprietary networks. This allows cardholders to
make purchases in-store, online, abroad or over the phone, and to withdraw cash at certain
ATMs. However, a variety of fees may be associated with the purchase and use of these
cards, including monthly maintenance fees, overdraft fees and card replacement fees. Celles-ci
cards may be issued by participating financial institutions or sold by designated retailers.
48
By comparison, in 2005 there were 626,000 merchants accepting Visa and/or MasterCard credit cards and
1.9 billion transactions worth CAD 210 billion (Source: Canadian Bankers’ Association).
49
See C Arango and V Taylor, “Merchants’ costs of accepting retail payments: is cash the least costly?”, Bank of
Canada Review, Winter 2008–09 (http://www.bank-banque-canada.ca/en/review/winter08-09/arango_taylor.pdf).
50
See Transparency, balance, and choice: Canada’s credit card and debit card systems, Report of the Standing
Senate Committee on Banking, Trade and Commerce, June 2009.
51
The Competition Bureau’s notice of application is available at http://www.ct-tc.gc.ca/Home.asp.
CPSS – Red Book – 2011
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Canada
2.2.4
Automated teller machines (ATMs)
The first cash dispenser was installed in Canada by a large chartered bank in 1969. The first
automated banking machine followed in 1972. Today, ATMs are practically ubiquitous and
offer a wide range of services. The two main types of ATMs in Canada are full-service ATMs
located on the premises of a financial institution, and cash dispensers known as “white label
machines”.52 Full-service ATMs offer cash dispensing as well as banking services to their
account holders, including deposits, account balance viewing, bill payments and transfers
between accounts held by the same person with the same institution. When the account
holder is a customer of the financial institution providing the ATM services, the transaction is
routed through a proprietary system and not through Interac’s network for Shared Cash
Dispensing (SCD). These so-called “on-us” transactions make up roughly 75% of total ATM
transactions. For “on-us” transactions, account holders may be charged regular account
fees, depending on their banking arrangements. Customers who withdraw cash from a fullservice ATM that is not owned by their financial institution are usually subject to regular
account fees, plus network access fees and convenience fees.53 These transactions are later
cleared and settled in ACSS.
White label machines offer basic cash withdrawal services and are independently owned and
operated by private companies. They were introduced in Canada in the late 1990s, following
the 1996 Consent Order that expanded Interac’s membership eligibility to non-financial
institutions.54 Since then, white label machines have proliferated and are now readily found in
almost any retail setting. To access customer accounts, white label machines must connect
to Interac’s network for SCD. Thus, customers who use white label machines are subject to
network access fees and convenience fees, in addition to their regular account fees.
As of 2009, there were more than 40,000 white label machines in Canada, which far
exceeded the 17,000 full-service ATMs. However, the volume and value of transactions
made at full-service ATMs is significantly higher than at white label machines. Of the
estimated 1 billion ATM cash withdrawals made in 2009, 622 million were at full-service
ATMs.
2.3
Recent developments
Contactless and mobile phone payments
Canada is likely to continue to shift towards electronic payment methods as current
technologies evolve and new technologies are introduced. The migration towards EMVcompliant chip technology for debit and credit cards, for example, is an opportunity to
introduce contactless payments to Canada. Contactless devices, whether they are cards,
mobile phones or other devices, use the chip technology with radio frequency identification
(RFID) or near field communication (NFC) to transmit information wirelessly. L'appareil est
waved in front of a contactless reader to process the payment. However, transactions over a
certain maximum value, eg CAD 50, must usually be verified by the consumer’s signature or
PIN. Visa PayWave and MasterCard PayPass credit cards and prepaid cards are currently
accepted at a limited number of retail locations, particularly grocery or fast-food chains.
Interac has begun to introduce a contactless debit card over 2010 and 2011. It too will have
52
For background information and statistics on Canada’s ATM market, see the Canadian Bankers’ Association:
http://www.cba.ca/?lang=en.
53
For a list of ATM fees charged to customers, see the Financial Consumer Agency of Canada website:
http://www.fcac-acfc.gc.ca/.
54
See Section 2.2.3, Debit cards.
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CPSS – Red Book – 2011
Canada
limits on transaction values without specific verification that will be determined by the card
issuers.
Contactless tags have been attached to mobile phone handsets in recent pilots. L'utilisation de
mobile phones for contactless payments will probably become more common as NFC
technology is embedded in new phones. Furthermore, as smartphones are increasingly
adopted by consumers, more applications will be available to augment mobile payment
capabilities, such as account balance viewing and person-to-person (P2P) transfers. le
most recent example of a mobile payment scheme is Zoompass, which is the result of a joint
venture between three major telecommunication companies in Canada. Transactions are
conducted online through a computer, mobile phone browser or mobile phone application.
Users sign up for a Zoompass account that is linked to an existing bank account and/or credit
card. Once registered, users can transfer funds into their Zoompass account by accessing
their bank account through the Zoompass website or through an online bill payment. Ils
can also transfer funds automatically from their bank account to their Zoompass account at
set time intervals, or whenever the Zoompass account drops below a certain balance.
Zoompass allows users to make P2P payments via their mobile phone. Zoompass account
holders can also sign up for a prepaid MasterCard PayPass card that allows for contactless
transactions in retail locations.
Online debit card payments
The Interac portfolio has broadened into online services to allow cardholders to access their
bank accounts to pay for purchases over the internet and to transfer funds person-to-person.
Interac Online, introduced in 2005, is currently offered by four financial institutions and
accepted by a number of merchants, government agencies and charities. The service directs
cardholders to their online banking websites, where the transaction is completed by entering
their card number and password. Interac Email Money Transfer, introduced in 2004, is a
domestic person-to-person funds transfer service that also uses online banking.
Other recent developments
Another recent development in Canadian retail payments is the announcement by Visa and
MasterCard that they plan to introduce PIN-based debit cards (Maestro and Visa Debit).
Unlike the existing Interac debit cards, these cards will be processed over the card
companies’ proprietary systems and cardholders will have more opportunity to use a debit
card for purchases made online, over the phone or abroad. They will also offer cardholders
the benefits of reward programmes and liability protection against unauthorised or fraudulent
card use.
Newly introduced regulation directed towards the payment card industry will also shape the
retail payments landscape. The 2010 Code of Conduct for the Credit and Debit Card
Industry55 requires payment card network operators and participants to adjust their business
practices according to new rules. For example, the Code affects the manner in which Visa
and MasterCard are able to introduce their debit cards because of the restriction against
competing debit card applications on the same card.
In March 2010, the Government of Canada enacted the Payment Card Networks Act, which
allows for the regulation of the market conduct of credit and debit card networks and their
participants, if necessary. This legislation also expands the mandate of the Financial
Consumer Agency of Canada to supervise payment card network operators to monitor their
compliance with the Code of Conduct and with any regulations introduced under the new Act.
55
See Section 1.1.1.
CPSS – Red Book – 2011
125
Canada
In December 2010, the Competition Bureau filed an application with the Competition Tribunal
to address the rules that Visa and MasterCard impose on merchants who accept their credit
cards.
3
Payment systems
3.1
General overview
The CPA owns and operates Canada’s two national systems for the clearing and settlement
of payments: the LVTS and the ACSS. The LVTS is the larger of the two by transaction
valeur. These systems are described in the following two sections, which are followed by an
outline of the options for clearing cross-border payments.
3.2
The Large Value Transfer System
The Large Value Transfer System (LVTS) started its activities on 4 February 1999.56 It is an
electronic credit transfer system that provides real-time processing and real-time finality of
payment, as well as guaranteeing settlement. The LVTS is Canada’s primary system for
clearing and settling large-value Canadian dollar transactions. It is designated under the
PCSA for Bank of Canada oversight.57 It is also closely linked with the implementation of
monetary policy. The Bank of Canada sets the target for the overnight interest rate, which is
the rate at which LVTS participants lend or borrow funds overnight from each other to settle
their end-of-day payment obligations. Changes to the Bank’s target for the overnight interest
rate influence other interest rates in the market, which affects total spending in the economy,
and, ultimately, inflation.58
During 2009, LVTS processed, on average, 22,250 transactions per day worth approximately
CAD 153 billion, which represents 90% of the total value in the Canadian national payments
systems.
3.2.1
Institutional framework
The Canadian Payments Act gives the CPA the right to establish by-laws, rules and
standards regarding the operation and governance of its systems. The LVTS by-law and
associated rules and standards govern all aspects of the LVTS.59 It is on the basis of these
documents that the CPA administers both the daily operations of the LVTS and compliance
with transaction rules. Both the Governor of the Bank of Canada and the Minister of Finance
are given, by the PCSA and CP Act respectively, certain regulatory powers with respect to
the LVTS rules and by-law.60
56
For more information on the LVTS, see N Arjani and D McVanel, A primer on Canada’s Large Value Transfer
System, Bank of Canada, March 2006 (http://www.bankofcanada.ca/en/financial/lvts_neville.pdf).
57
See Sections 1.3.2 for information on the CPA and 1.1.1 for information on the PCSA and the CP Act.
58
For more information, see A primer on the implementation of monetary policy in the LVTS environment, Bank
of Canada, June 2010, available at: http://www.bankofcanada.ca/en/lvts/lvts_primer_2010.pdf.
59
These rules are publicly available on the CPA website at: www.cdnpay.ca.
60
See Sections 1.1.1 and 1.2.2.
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3.2.2
Participation
The CPA sets out the requirements for financial institutions to be direct participants in the
LVTS. To become a participant, a financial institution must first be a member of the Canadian
Payments Association. It must also:

maintain a settlement account at the Bank of Canada;

enter into agreements relating to taking loans from the central bank and to pledging
the appropriate collateral;

have access to SWIFT in Canada;

have the technical capability for its LVTS operations; et

have adequate backup capability for its LVTS operations.
Beyond these requirements, the LVTS is an open system that does not require financial
institutions to maintain a minimum value or volume of transactions to become participants.
Foreign bank branches that are members of the CPA are eligible to become direct
participants. However, the Governor of the Bank of Canada has the right to prohibit such a
participant if the Governor is of the opinion that such a participant poses or is likely to pose
an unacceptable risk to the Bank of Canada or the LVTS. Financial institutions that are not
participants must use the services of a direct participant in order to make transactions in the
LVTS.61
As of October 2010, there were 16 direct participants in the LVTS consisting of
12 commercial banks, two federations of credit union centrals, one government savings
institution and the Bank of Canada. Direct participation in the LVTS is a reflection of
Canada’s concentrated banking industry. The decision to be a direct or indirect participant is
a business decision that takes into consideration the benefits of direct participation and the
operational costs.
3.2.3
Types of transactions
The LVTS is an electronic credit transfer system for the final and irrevocable transfer of
large-value or time-sensitive Canadian dollar payments. It is used to facilitate a range of
transfers such as commercial transactions; correspondent banking transactions; Paiement
(settlement) obligations arising from the Visa and MasterCard networks in Canada; Paiement
obligations arising from the Canadian securities settlement system (CDSX);62 the Canadian
dollar leg of foreign exchange transactions; payment obligations arising from ACSS; et
transfers relating to the auction of federal government funds. Although designed to process
large-value transfers, no minimum value threshold is set in the LVTS.
Participants send their payments through one of two streams: Tranche 1 or Tranche 2.
Tranche 1 is a fully collateralised defaulter-pays mechanism. Tranche 2 uses collateral in a
survivors-pay arrangement. Tranche 2 payments account for the majority of LVTS volume
since the cost of collateral supporting these payments is lower.63 On average, for 2009,
Tranche 2 accounted for 99% of daily payments volume and 80% of daily payments value.
61
There is no contractual relationship between an indirect participant and the CPA. The relationship is between
the direct and indirect participant. However, LVTS rules require direct participants to provide the CPA with a
list of other CPA members that have an account with the direct participant and for which the direct participant
acts as an agent for LVTS purposes.
62
See Section 4.4.1.
63
Section 3.2.5 describes the risk control mechanisms in more detail.
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3.2.4
Operation of the system and settlement procedures
Each morning participants set their own net debit cap for Tranche 1 and the bilateral credit
limits they grant to each of the other participants for Tranche 2. Based on the bilateral credit
lines they grant, the maximum additional settlement obligation (Max ASO) is calculated for
each participant. Collateral is pledged to the Bank of Canada in an amount sufficient to cover
both the Tranche 1 net debit cap and the calculated Max ASO, ie collateral supporting
Tranche 2 payments.64 Participants often pledge more than the required amount of collateral
to ease the process of making intra-cycle adjustments.65 However, in the event of a default
this excess collateral would not be used to effect settlement.
From 00:30 to 18:00, participants send payment messages on their own behalf and on behalf
of their clients.66 Payments during this period are also sent to settle payment obligations
arising from the daily auction of federal government funds, the bank note exchange system
and other clearing and settlement systems, such as the ACSS, CDSX and CLS. Each
payment instruction, whether for Tranche 1 or Tranche 2, is subject to real-time risk control
tests which verify that a participant’s net debit position does not exceed the appropriate net
debit cap.67 If the tests are passed, funds are made available to the recipient on an
unconditional and irrevocable basis.
The general payments exchange period is followed by a half-hour pre-settlement period to
allow participants to transact with each other for the purpose of reducing their short or long
position in LVTS – thus reducing the amount they may have to borrow from, or have on
deposit with, the Bank of Canada overnight.
At the end of the daily cycle, the participant’s final multilateral net positions are settled across
settlement accounts at the Bank of Canada. These entries are final. After the settlement
period, the Bank of Canada lifts its security interest on the amounts pledged as LVTS
collateral.
The Bank of Canada facilitates intraday credit to participants in the sense that collateral is
pledged to the Bank of Canada in support of final settlement. Participants that have a net
debit position in the LVTS at the end of the day close out their position by taking a fully
collateralised overnight advance from the Bank of Canada, for which they pay the Bank Rate.
Deposits earn Bank Rate less 50 basis points.68
3.2.5
Risk management
The LVTS has risk control mechanisms that enable payments to be final and irrevocable
even in the unlikely event of a default by one or more participants. In aggregate, the amount
pledged by participants to the Bank of Canada is sufficient to ensure settlement in the event
of a failure of the participant with the largest possible multilateral net debit position.
The main risk control mechanisms are:
64
The Bank of Canada determines eligible collateral and the conditions that apply. Voir
http://www.bankofcanada.ca/en/financial/securities_160710.pdf.
65
At any time during the payments cycle, participants can adjust their Tranche 1 net debit cap and/or bilateral
lines of credit, subject to additional collateral requirements and other conditions.
66
The period from 00:30 to 06:00 is reserved for CLS activity and non-CLS payments (if bilaterally agreed by
participants). General payment exchange occurs from 06:00 to 18:00.
67
Each participant’s position is calculated in real time on a payment-by-payment basis (netting by novation).
68
See Section 1.2.1.
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
Participants determine their own Tranche 1 multilateral net debit caps, which must
be fully collateralised. Therefore, in the event of one or more participant defaults,
sufficient liquidity will be available to settle all Tranche 1 payments.

For Tranche 2 payments, each participant extends a bilateral credit line to each
other participant, thereby controlling the amount of exposure it is willing to take on
with respect to each participant. Further collateral is pledged by each participant to
support Tranche 2 payments. The amount pledged is a set portion (called the
“system-wide percentage”) of the largest limit it grants to any counterparty. C'est
called the maximum additional settlement obligation (Max ASO). Participants may
adjust the bilateral credit limits they extend throughout the day. However, although
such an adjustment may increase the required collateral, the required collateral will
never decrease intraday, regardless of the adjustment made.

In the event of a default, the defaulter’s Tranche 1 and Tranche 2 collateral is used
first. Any remaining shortfall is made up by survivors on a pro-rated basis based on
the bilateral credit limit extended to the defaulter in Tranche 2. The maximum any
survivor will be allotted in the event of one or more defaults is their maximum
additional settlement obligation, thereby capping their exposure.

For Tranche 2, each participant has a multilateral net debit cap which is the sum of
all the bilateral credit limits granted to it multiplied by the system-wide percentage.

The combination of bilateral and multilateral caps and the pledged collateral ensures
that the system can handle the failure of the participant with the largest net debit
position.
Finally, the Bank of Canada guarantees settlement.69 However, given the design of the risk
controls, this guarantee would only be called upon in the extremely unlikely circumstance
that more than one direct participant defaulted within the same LVTS day, the defaulters had
an overall net debit position in Tranche 2, and there was not enough collateral to complete
settlement. If the Bank needed to invoke its guarantee, it would realise available collateral
and become an unsecured creditor of the defaulting institutions for the residual amount.
Regarding operational risk, the CPA has arrangements in place to ensure timely recovery of
operations if problems, such as system problems or building unavailability, are encountered.
In addition to technical redundancies and contingency procedures for processing payments,
the CPA has two operating sites and two data centres. The LVTS rules also require
participants to be available to process payments at least 98% of the time in any given 30-day
period. The recovery time objective for LVTS is one hour.
3.2.6
Prix
Under the Canadian Payments Act, the Canadian Payments Association charges its
members dues for their participation in the system based on their volume of activity. le
costs for any development projects, as well as the operating costs, are entirely covered by
the LVTS participants. The pricing method used by the CPA can be characterised as “cost
recovery”. The proportion of the total costs charged to each participant depends on its share
of the total volume sent and received through the LVTS. New participants pay an admission
fee that covers administrative costs, initial implementation and setup costs, and the costs of
verifying the appropriate technical/systems capabilities to participate in the LVTS. Although
the Bank of Canada has the right to recover costs for the settlement services it provides to
69
This is a residual guarantee, only invoked once the defaulter’s and survivors’ collateral have been used.
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Canada
CPA members, it does not presently charge fees beyond the interest charges applied to
overnight loans.70
3.2.7
Major ongoing and future projects
During 2009, the CPA continued to develop a strategy to evolve its systems and rules
framework over the long term. The five-pillar “Vision 2020”, released in February 2010,
includes a strategy to enhance the robustness and resiliency of CPA technology, networks
and applications for clearing and settlement. To inform the strategy and to ensure that its
systems, including the LVTS, continue to perform reliably and cost-effectively, the CPA also
initiated a Payment Systems Health Check.71
3.3
Retail payment systems – the Automated Clearing Settlement System
The Automated Clearing Settlement System (ACSS), introduced in 1984, is owned and
operated by the CPA. This uncollateralised deferred net settlement system clears and settles
primarily retail electronic payments and paper-based payments in Canada. The ACSS is
used to process a high volume of lower-value, less time-sensitive payments that do not
require the intraday finality provided by the LVTS.
In 2009, the ACSS handled an average of 23 million payment items per day, with an average
total value of CAD 20 billion.
3.3.1
Institutional framework
Under the CP Act, the CPA administers the ACSS by-law and supporting rules which govern
all aspects of the operation of the ACSS. All by-laws must be approved by the Minister of
Finance. The Minister of Finance has the right to disallow any new rule or amendment within
30 days.72
3.3.2
Participation
The ACSS and related arrangements are based on a tiered structure with direct and indirect
participants (also known as direct clearers/group clearers and indirect clearers). Only direct
clearers and group clearers and the Bank of Canada can make entries in the ACSS.73 Direct
clearers enter transactions directly into the system and settle for the net value of payment
items drawn on or payable by it through their settlement accounts at the Bank of Canada.
They can also act as clearing agents for indirect clearers. In order to be eligible to become a
direct clearer, an institution must:

be a member of the CPA;

be a deposit-taking institution or a securities dealer;

process payment items volume of at least 0.5% of the total national volume of
payment items;

establish and maintain a settlement account at the Bank of Canada;
70
The Bank of Canada pays interest on deposits at a rate below the target overnight rate.
71
Further information about Vision 2020 and the Payment System Health Check is available from the CPA.
72
Both the ACSS by-law and the associated rules are available on the CPA website at: www.cdnpay.ca.
73
See Section 1.1.2 for a complete description of institutions eligible for CPA membership.
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
establish a loan facility with the Bank of Canada; et

satisfy the technical requirements of the ACSS.
Group clearers must fulfil the same requirements. In addition, they must provide a list of
entities that belong to the group and show that there are contractual commitments to act as
group clearer.
Indirect clearers are members of the CPA that enter into the ACSS through the services
provided by a direct clearer. Items drawn on an indirect clearer or payable to one are settled
through a settlement account at a direct clearer.
As of December 2010, there were 11 direct clearers in the ACSS consisting of eight
commercial banks, two federations of credit union centrals and one government savings
institution. In addition, there were 107 indirect clearers. The Bank of Canada also participates
in ACSS.
3.3.3
Types of transactions
The ACSS clears and settles a variety of primarily retail payment instruments. Paper-based
items include, for example, cheques, money orders, gift certificates, remittances and
traveller’s cheques. Electronic payment items include direct debit and direct credit items (or
standing orders); account holder-initiated payments; electronic funds transfers initiated at the
point of sale (EFTPOS) and cash disbursements through shared ATM networks such as
Interac.74
All items must meet specifications and standards set out in the ACSS rules according to the
type of payment item. For this purpose, the items are grouped into “streams” that share the
same rules and procedures. A CAD 25 million cap is imposed on the value of individual
paper items that can be cleared through the system. Payments greater than CAD 25 million
must be sent electronically via EFT or LVTS. There are no value restrictions on other types
of payments in the system.
3.3.4
Operation: the transaction processing environment and settlement
Payment items exchanged throughout the day are processed overnight and settled the next
day. The specifics of the exchange and clearing of the items vary depending on the item, for
example, whether exchanged on paper or via electronic data transmission. Nevertheless, all
items follow a similar path.
Clearing of paper-based instruments is handled through six regional settlement points across
the country and the specifics differ according to the type of payment item. Generally, paperbased items collected by CPA members previous to and throughout the value day (V) are
forwarded to a local data centre operated, or contracted, by a direct clearer. At the data
centre, high-speed computerised reader/sorter equipment sorts the items according to the
institutions on which they are drawn. Once sorted, the items drawn on other institutions are
delivered to the data centres of the appropriate direct clearer in the same regional clearing
area. The delivering direct clearer enters into its ACSS terminal the information of the
exchanged items, including the volume and value of items with a “stream” identifier. Ce
information can be checked by the receiving direct clearers’ data centre and disputed if
necessary. The next day, the payment items are returned to the branches of the institutions
on which they are drawn according to the type of payment item. For cheques, most are
returned no later than two days after they are deposited.
74
See Section 2.2.2 for a more detailed description of the various payment types.
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Electronic payments, such as point of sale, EFT and EDI payments are entered into ACSS
through a virtual exchange region called the National Electronic Settlement Region. Celles-ci
entries are used to calculate each direct clearer’s net position for settlement on the next
business day.
This exchange of items, entering of information into the ACSS terminals and, potentially,
contesting of entries continues on the value day until the final closing time. The ACSS
calculates a multilateral net position across all “streams” for each of the direct clearers. Par
08:00 the next morning (V+1), the financial institutions have typically finished making
adjustments to their clients’ accounts, debiting payers’ accounts and crediting payees’
accounts. At approximately 09:30, initial net balances are available to all the direct clearers.
Bilateral reopenings of the clearing may occur to correct errors if both counterparties agree.
By 11:00, the final multilateral positions of the direct clearers are calculated and made known
to the Bank of Canada.
Direct clearers’ net positions are settled by adjustments to their settlement accounts at the
Bank of Canada. This is typically completed by 12:00 EST on V+1. Direct clearers in a net
debit position make an LVTS payment to their ACSS account at the Bank of Canada. Direct
clearers in a net credit position have the funds credited to their account and value is returned
to them through an LVTS payment on V+1. ACSS members have agreed to an interest
compensation mechanism to allow them to give provisional credit to their clients on day V
even though ACSS settlement occurs on day V+1. The CPA calculates the interest
compensation, so that direct clearers in a net credit position receive an interest payment to
cover the cost of crediting depositors before receiving the funds through settlement and
direct clearers in a net debit position make interest payments. Interest is calculated at the
Target Overnight Rate.75 The interest compensation adjustments are included in the clearing
balances exchanged through the LVTS.
3.3.5
Risk management
The ACSS is a survivors-pay, uncollateralised, deferred net settlement system. le
settlement entries in the direct clearers’ accounts at the Bank of Canada are considered to
be final. However, the ACSS does not legally support settlement finality, intraday or at the
end of the day.76
Participants take on credit risk throughout the day as value is credited to client accounts in
anticipation of receiving funds through settlement the next day. However, there are
circumstances under which this value may not be received. For instance, some types of
payments may be reversed when an item presented is drawn on an account with insufficient
funds or if the item is subject to a stop payment order. CPA rules govern the process for the
reversal of these payment items. Also, value may not be received in the rare event that a
direct or indirect clearer defaults on its settlement obligation. In this situation, the CPA rules
outline the default procedure, which includes the immediate return of payment items drawn
on the defaulting member and the reversal of the debit posting to the settlement account of
that member.77 They also stipulate the additional settlement obligations required from the
surviving participants to cover the remaining shortfall. These rules will be modified in the near
future, as outlined in Section 3.3.7 below.
75
The Target Overnight Rate set by the Bank of Canada is the average interest rate the Bank wants to see in
the market for financial institutions lending to each other overnight. For more information, see “Target for the
Overnight Rate fact sheet”, available at http://www.bankofcanada.ca/en/backgrounders/bg-p9.html.
76
The ACSS rules indicate that only certain payment items settled in ACSS are irrevocable and irreversible.
77
For a description of risks and default procedures in the ACSS, see A guide to risk in payment systems owned
and operated by the CPA, CPA, 2005 (http://www.cdnpay.ca/imis15/pdf/pdfs_publications/Risk_Guide.pdf).
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Some degree of liquidity risk is experienced daily through the uncertainty related to the final
net settlement obligation due at 12:00 EST. For credit and liquidity risk, participants cannot
use real-time risk management tools in the ACSS to control their exposure. Par exemple,
there are no bilateral or multilateral credit limits.
Regarding operational risk, the contingency arrangements for the ACSS are similar to those
for the LVTS. However, the recovery time objective is four hours.
3.3.6
Prix
The CPA recovers its operating costs through dues charged to its members. Each year, the
total assessment is determined based on the costs of operating the system. The amount
each member pays is based on its proportional share by volume of the ACSS payment items
it sent and received compared to the total volume of items sent and received through the
ACSS. At a minimum, each member pays CAD 10,000 for its annual dues. The dues are
payable in two instalments.
As with the LVTS, the Bank of Canada does not charge fees for its settlement services.
There is no ACSS balance and no overdrafts are carried on the Bank of Canada’s balance
sheet overnight and therefore no interest rate charges are payable to the Bank of Canada. Dans
the rare event that a direct clearer cannot pay its negative clearing balance through LVTS,
the direct clearer can apply for a collateralised advance from the Bank of Canada to obtain
the liquidity needed to settle. This advance is settled through the LVTS later in the day and is
therefore unlikely to be used for overnight borrowing. The Bank of Canada does not impose
an interest rate charge for this intraday borrowing.
3.3.7
Future developments
Default procedures
Recently, the CPA reviewed the ACSS default procedures and decided to remove the
unwinding provisions due to the legal and operational complexities involved with returning
certain payment items. The CPA is pursuing amendments to existing by-laws and rules for
this purpose.
Review of risks in ACSS
Following the review of ACSS default procedures, the CPA has decided to examine the risks
that exist in the ACSS. This study will be part of a larger Retail Clearing Framework Program.
The CPA is planning to identify the risks that exist in ACSS and the existing mitigating
strategies, and to consider whether any further mitigating actions should be introduced.
3.4
Offshore payment systems – CLS Bank
The Continuous Linked Settlement (CLS) Bank began commercial operations on
9 September 2002.78 CLS Bank facilitates the settlement of foreign exchange transactions in
17 different currencies, including the Canadian dollar. CLS Bank uses the LVTS as its
approved payment system for the Canadian dollar. In 2009, CLS Bank settled an average
daily value of USD 3.4 trillion from an average daily volume of 598,000 instructions. Ce
included Canadian-dollar transactions with an average daily value of CAD 77 billion and
average daily volume of 18,500 instructions.
78
For more details on CLS, see the corresponding chapter in the forthcoming second volume of this publication.
CPSS – Red Book – 2011
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Canada
Currently, four major Canadian banks participate directly in CLS Bank as settlement
members and a fifth is expected to become a settlement member in the near future. Autre
Canadian banks participate indirectly as third-party users, accessing the system through the
services of a settlement member. Several LVTS participants provide nostro services to CLS
Bank members. There are currently two Canadian dollar liquidity providers.
The Bank of Canada has designated the Canadian dollar operations of CLS Bank under the
PCSA. The Bank of Canada is part of a formal cooperative oversight arrangement that allows
CLS Bank to be jointly overseen by the central banks whose currencies are included in the
système. The Federal Reserve Bank of New York is the lead overseer of CLS and it
coordinates the cooperation between participating central banks. The shared oversight
arrangement enables CLS to be overseen in a comprehensive manner while keeping to a
minimum the duplication of effort.
Another role played by the Bank is to provide CLS Bank with a Canadian-dollar settlement
account. This enables the Bank to make and receive final and irrevocable payments on
behalf of CLS through the LVTS.79
3,5
Other cross-border payment arrangements
Outside CLS Bank, cross-border payments are settled in a variety of ways. Correspondent
banking arrangements are important for both electronic and paper-based payments such as
cheques. Correspondent arrangements are typically organised as either an “in-house”
arrangement, where the foreign correspondent for the Canadian clearing bank is its branch
or banking subsidiary in the foreign country, or as “club” arrangements, where a group of
individual institutions in different payments jurisdictions agree to offer one another indirect
access to the domestic clearing system in which they participate.
In addition, the CPA owns and operates the US Bulk Exchange System (USBE) to facilitate
the clearing of US dollar-denominated payments, both cheques and certain types of
electronic payments, between members of the CPA. The USBE provides a mechanism for
tracking the exchange of these USD payment items and the resulting balances due to and
from the participants. These balances are calculated on a bilateral basis between each pair
of participants, rather than on a multilateral basis. The net positions are settled through
CHIPS via either the Canadian participants’ branch or subsidiary acting in CHIPS, or via
correspondent arrangements.
There are also two cross-border electronic batch payments systems of interest currently
operating in Canada: the US Federal Reserve’s International Automated Clearing House
(IACH) Service and the European Transferts Interbancaires de Paiements Automatisés
Network (TIPANET).
Finally, ATM networks offer access to cash for payments, both to foreigners visiting Canada
and to Canadians travelling abroad. Customers can obtain local currency through ATMs via
the Cirrus or Plus networks. The cross-border payment obligation of the card-issuing
institution to the cash-dispensing institution is cleared and converted into a USD obligation
through the MasterCard International (for Cirrus) or Visa system (for Plus). The Canadian leg
of the obligation is settled through the LVTS. For example, if a Canadian resident uses a
foreign ATM to obtain local currency, the card-issuing institution in Canada settles its
obligation to the cross-border cash-dispensing institution through an LVTS payment to the
MasterCard (or Visa) settlement bank in Canada. This settlement bank then settles through
its nostro account with an international settlement bank serving MasterCard or Visa, which
79
For more details, see P Miller and C Northcott, “CLS Bank: managing foreign exchange settlement risk”, Bank
of Canada Review, Autumn 2002.
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then credits the account of the cash-dispensing institution. Essentially the same is the
process for clearing and settling cross-border Visa and MasterCard credit card payments, as
well as MasterCard offline debit card transactions.
4
Systems for post-trade processing, clearing and securities
règlement
4.1
General overview
In Canada, the two major systems for post-trade processing, clearing and securities
settlement are CDSX and CDCC. CDS Clearing and Depository Services Inc (CDS) operates
CDSX, which is Canada’s main system for clearing and settlement of eligible Canadian
exchange-traded and over-the-counter equity, debt and money market transactions. le
Canadian Derivatives Clearing Corporation (CDCC) issues, clears and guarantees as a
central counterparty all equity, index and interest rate derivatives traded on the Montréal
Exchange (MX).
4.2
Post-trade processing systems
Canada does not currently have trade repositories, nor is there any specific institution that
only performs post-trade services. Both CDCC and CDSX have integrated some post-trade
services internally within their systems (described below). For example, CDS offers a
Matched Institutional Trade Interface service that enables domestic institutional trades
provided through a virtual matching utility (VMU) or other authorised third party to be
reported and created in real time as confirmed non-exchange trades in CDSX. Actuellement
trade data are collected by CDS and CDCC for all trades that settle through their systems.
The situation with regard to trade repositories may change as part of the G20 commitment
for over-the-counter (OTC) derivatives, which states that OTC derivatives contracts should
be reported to trade repositories. Should international trade repositories not provide
Canadian authorities with adequate data access and coverage of Canadian participants and
products, there may be a desire to establish a Canadian trade repository for OTC derivatives.
4.3
Central counterparties and clearing systems
4.3.1
Canadian Derivatives Clearing Corporation
The Canadian Derivatives Clearing Corporation (CDCC) issues, clears and guarantees as
central counterparty all equity derivatives, index derivatives and interest rate derivatives
traded on the Montréal Exchange (MX).80
CDCC is a wholly owned subsidiary of MX, which is itself owned by the TMX Group.81
At the end of 2009, CDCC had 34 members, and 40.2 million contracts (one-sided) were
processed that year.
80
The source for this section is CDCC’s website: www.cdcc.ca.
81
TMX Group owns and operates two major stock exchanges in Canada: the Toronto Stock Exchange (for
senior equity) and the TSX Venture Exchange (for public venture equity). TMX Group also has other
subsidiaries such as the Montréal Exchange (for derivatives trading), the Canadian Derivatives Clearing
Corporation (a central counterparty), the Natural Gas Exchange (for natural gas and electricity contracts) and
Shorcan (a fixed income inter-dealer broker).
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Canada
4.3.1.1 Institutional framework
CDCC is recognised as a self-regulated organisation and is regulated by Quebec’s Autorité
des marchés financiers (AMF). In addition, to support the clearing of derivatives contracts
that are registered for sale to US residents, CDCC files documentation in accordance with
Securities and Exchange Commission requirements.
4.3.1.2 Participation
All clearing members of the CDCC must be participants of an exchange recognised in a
Canadian province (such as the MX) or be a bank or an authorised foreign bank under the
Bank Act of Canada. Clearing members must meet the requirements of their regulator:
IIROC for broker-dealer members or OSFI for federal commercial deposit-taking institutions.
CDCC regularly monitors the capital of its clearing members through quarterly and monthly
financial reporting.
4.3.1.3 Types of assets and products cleared
CDCC issues, clears and acts as central counterparty (CCP) for three broad categories of
contracts traded on the MX:

Option contracts: this category includes options on bonds, equities, exchangetraded funds and equity indexes.

Futures contracts: this category includes two-year, five-year, 10-year and 30-year
Government of Canada bond futures, three-month bankers’ acceptance futures and
S&P/TSX 60 index futures. In June 2010, CDCC also started to clear futures on the
NGX WCS WTI Crude Oil Index, which is based on the differential price between the
Western Canadian Select Heavy Crude Oil (WCS) and the West Texas Intermediate
Light Crude Oil (WTI). This is the first contract to settle in USD in CDCC.

Options on futures contracts: this category includes options on 10-year Government
of Canada bond futures.
CDCC also acts as CCP for OTC equity options contracts traded on its Converge platform.
4.3.1.4 Operation of the system
CDCC receives trades from the MX and Converge. CDCC’s clearing application has a record
of the net outstanding derivatives contracts, including futures and options. Based on the net
outstanding derivatives contracts, CDCC’s clearing application generates, during the
overnight batch process, cash and security delivery obligations for each clearing member to
be settled at its commercial settlement bank and at CDSX respectively.
4.3.1.5 Risk management
CDCC has many risk control mechanisms in place. As a central counterparty, it ensures
settlement will occur even if a clearing member were to default on its obligations. Numerous
risk controls are in place to deal with default and limit risk. These include membership
standards, margin deposits, a list of acceptable collateral with associated haircuts, two
intraday margin calculations at 10:30 and 13:30, capital monitoring, a liquidity line and a
clearing fund that can also be used for loss-sharing among survivors. In case of a
participant’s default, CDCC would use the following resources in this sequence:
(i)
the defaulter’s margin deposits;
(ii)
the defaulter’s clearing fund deposits;
(iii)
any remaining collateral pledged by the defaulter in excess of the margin
requirement and clearing fund contribution;
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(iv)
(v)
if the defaulter’s proprietary assets and client assets are not sufficient to cover
losses:
(une)
the survivors’ clearing fund deposits;
(b)
a second clearing fund contribution, but not more than the preceding clearing
fund contributions;
CDCC’s capital.
4.3.1.6 Links to other systems
Cash positions (mainly option premiums and cash-settled variation margins) are settled
through electronic transfers at a commercial settlement bank the next business day by 07:45.
Clearing members can also use LVTS to pledge cash to CDCC as collateral. Sécurité
positions have to be settled in CDSX on an ISIN basis with the associated risk controls.
CDCC and its clearing members all have accounts at CDS. The trades are settled on a
trade-for-trade basis in CDSX. Clearing members also use CDSX to pledge securities as
collateral to CDCC.
4.3.1.7 Major ongoing and future projects
In December 2009, CDCC was selected to develop CCP services for Canadian fixed income
markets in response to a request for proposal from the Investment Industry Association of
Canada (IIAC). CDCC is working with the industry to implement the new service in 2011. It is
expected that the Bank will formally oversee the system operated by CDCC once it
commences operations.82
4.3.2
CDS Clearing and Depository Services Inc (CDS)
CDS offers two CCP services: Continuous Net Settlement (CNS) and FINet. CNS nets
eligible exchange-traded equity transactions and FINet nets eligible trades in Government of
Canada bonds, treasury bills, Government of Canada-guaranteed corporate bonds and
provincial bonds, notes and treasury bills. These CCP services are integrated with CDS’s
securities settlement CDSX.83
4.3.3
Natural Gas Exchange Inc84
Natural Gas Exchange Inc (NGX), wholly owned by TMX Group, provides electronic trading,
central counterparty clearing and data services to the North American natural gas and
electricity markets. In May 2009, through the acquisition of NetThruPut, NGX added crude oil
to its suite of physically and financially cleared products.
In 2008, NGX formed a technology and physical clearing alliance with the Intercontinental
Exchange Inc (ICE). Under the arrangement, the cleared and bilateral markets for North
American physical natural gas and Canadian electricity operated by NGX and ICE are
offered together on ICE’s Trading Platform. NGX also uses the ICEBlock system to
electronically accept, for clearing, off-exchange transactions in financial gas and other
energy products. In 2011, NGX and ICE expanded the alliance to Canadian and US physical
and Canadian financial crude oil products.
82
Under the PCSA, the Governor of the Bank of Canada can designate a system once the Minister of Finance
agrees it is in the public interest to do so.
83
This system is described in Section 4.4.1 below.
84
For more details, see http://www.ngx.com.
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Canada
The Alberta Securities Commission regulates NGX. NGX is not subject to Bank of Canada
oversight.
In 2009, NGX cleared 625,000 contracts worth a total of CAD 97 billion.
4.3.4
ICE Clear Canada85
ICE Clear Canada is the designated central counterparty for ICE Futures Canada, an
agricultural exchange offering futures and options contracts on canola and barley. ICE Clear
Canada was originally established in 1998 as WCE Clearing Corporation. Winnipeg
Commodity Exchange (WCE) and WCE Clearing Corporation were acquired by
Intercontinental Exchange Inc (ICE) in 2007.
ICE Clear Canada is regulated by the Manitoba Securities Commission pursuant to the
provisions of the Commodity Futures Act (Manitoba). All ICE Clear Canada’s rules,
operational manual and by-law amendments are submitted to its regulator, the Manitoba
Securities Commission. ICE Clear Canada is not subject to Bank of Canada oversight.
In 2009, ICE Clear Canada cleared 3.6 million transactions at a value of CAD 29.5 billion.
4.4
Securities settlement systems
4.4.1
CDS Clearing and Depository Services Inc
The Canadian Depository for Securities Limited was incorporated in 1970 as a non-profit
corporation. It is owned by the major Canadian chartered banks, members of the Investment
Industry Regulatory Organization of Canada (IIROC) and the TMX Group. CDS Clearing and
Depository Services Inc (CDS) is a subsidiary of Canadian Depository for Securities Limited.
CDS owns and operates CDSX, which is Canada’s main system for clearing and settlement
of eligible Canadian exchange-traded and OTC equity, debt and money market transactions.
CDS’s depository service provides facilities to deposit and withdraw depository-eligible
securities, manage related ledger positions, and use these positions for various business
functions.86 In 2003, CDSX replaced both the Debt Clearing Service (DCS), which was used
to clear and settle most Canadian-dollar debt transactions, and the Securities Settlement
Service (SSS), which settled equities and some debt transactions.
On average in 2009, CDSX processed about 1 million daily trades worth about
CAD 258 billion. This compares to about 250,000 daily trades worth about CAD 192 billion in
2005. The value of securities on deposit was about CAD 3.3 trillion as at 31 December 2009.
4.4.1.1 Governance
CDS does not have its own board; however, the Canadian Depository for Securities Limited
Board of Directors consists of 14 directors: nine shareholder directors, one director from
CDS’s management, one director from the TMX Group and three independent directors from
outside the securities industry.
4.4.1.2 Institutional framework
CDS, its clearing and settlement system, and its participants are subject to legislation and
regulations of various jurisdictions. At the federal level, the Bank of Canada oversees CDSX,
85
For more information, see https://www.theice.com/clear_canada.jhtml.
86
Major depository accountabilities are the safe custody and movement of securities, accurate record-keeping
and the collection and distribution of the entitlements associated with the securities.
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which is a designated system under the Payment Clearing and Settlement Act (PCSA). À
the provincial level, CDS is regulated by the Ontario Securities Commission (OSC) under the
Ontario Securities Act and the Autorité des marchés financiers (AMF) under the Quebec
Securities Act. CDS also works with the Alberta and British Columbia securities commissions
comme requis. In addition, CDS reports, as required, to the Canadian Securities Administrators
(CSA). Finally, CDS cooperates with federal and provincial financial institution regulators that
oversee CDS participants.
4.4.1.3 Participation
In 2009, CDS participants included the Bank of Canada, 11 commercial banks, eight trust
companies, 55 investment dealers and nine other participants (credit unions, depositories
and treasury branches), when counting participants and their affiliates individually, along with
13 limited-purpose participants. Canadian financial institution members in CDSX must be
incorporated, in compliance with regulations for their industry, and meet minimum prudential
requirements. Foreign institutions are regulated by the laws of their own country, but there
must be certainty, according to expert legal opinion, that the laws of the foreign country do
not interfere with the enforceability of CDS rules and procedures.
All CDSX participants must be members in good standing with an industry self-regulatory
organisation, if applicable. They must also demonstrate sufficient financial and operational
capacity to meet obligations to CDS and other participants. CDS relies on its participants’
regulators for monitoring compliance, although CDS conducts a credit assessment of new
participant applicants.
4.4.1.4 Types of assets and products cleared
CDSX settles transactions in equities and the following debt securities: Government of
Canada; federally guaranteed; provincial; corporate; unrated public sector entities and
government grants; unrated municipal; and US Treasury bills, bonds and notes.
4.4.1.5 Operation of the system
Settlement in CDSX uses a model 2 delivery versus payment (DVP) mechanism,87
ie transactions are settled with securities ownership moving on a gross real-time basis while
the net funds positions are settled at the end of the day.88 The DVP mechanism has
additional risk mitigation features including: (i) the simultaneous transfers of funds and
securities at the time of settlement of transactions are final and irrevocable; and (ii) negative
funds balances are fully collateralised.
CDS manages the safekeeping of depository-eligible domestic and international securities in
both electronic and physical certificate form for its participants. Eligible securities are held by
CDS or transfer agents and registered in CDS’s nominee name (CDS & Co). Une fois la
electronic or physical securities are deposited with CDS, CDS enters them into a ledger and
they trade electronically.
Trade transactions are entered by one party and confirmed by the other party. Celles-ci
transactions can be entered into CDSX either via file transmission from proprietary systems
or exchanges, or by direct participant access. CDSX also provides trade matching, where
netted payment obligations are settled at the end of the day via designated bankers, with
payments made through the LVTS to CDS’s settlement account held at the Bank of Canada.
87
See Committee on Payment and Settlement Systems, Delivery versus payment in securities settlement
systems, Basel, 1992.
88
Securities may also be cleared via a daily batch settlement which occurs during the early hours. Although
described as a batch process, it is legally a gross mechanism.
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Canada
Securities held in CDSX can also be reserved as collateral for LVTS payments that are
intended for settling final funds positions in CDSX. CDS retains a prior claim on these
securities until the LVTS payment is made. LVTS payments are final and irrevocable,
allowing final settlement of CDS to occur once all the payment obligations have been
received. After settlement, securities that were held in accounts with restricted access
become available for use without restriction.
The opening hours for CDSX are designed to support the operations of the LVTS during the
CLS settlement period. CDSX is open from 00:30 to 19:30, where settlement of payments
(payment exchange) begins at 16:00 and ends at 17:00. After settlement, CDSX remains
open until 19:30 for free movement of securities only.89
4.4.1.6 Risk management
The risk containment model developed in CDSX, which is a combination of survivor-pay and
defaulter-pay loss-sharing arrangements, runs in real time and is designed to protect CDS
from the intraday failure of the participant with at least the single largest net obligation to
CDS. In addition, for CAD transactions, the Bank of Canada acts as CDS’s settlement agent
and provides settlement accounts so that CDS is protected from banker risk.
There are primarily two types of participants in CDSX: receivers of credit and extenders of
crédit. The receivers of credit are the majority of institutions participating in the system and
they receive lines of credit from extenders that enable them to purchase securities during the
day. Extenders of credit collateralise their own intraday payment obligations. Receivers of
credit must also collateralise their own obligations enabled by the extended line of credit. À
the end of the day, the extenders of credit are required to make payments to CDS to cover
the net amount of securities bought on their own behalf and on behalf of their customers, as
well as to cover securities bought by receivers of credit. Receivers of credit grant the
extenders a security interest in the securities delivered to them on that day. If an extender is
required to make payment for a receiver that is unable to fulfil its end-of-day payment
obligation, the extender is entitled to take possession of those securities (the so-called
delivered or “unpaid-for” securities). The amount that each extender can owe the system
(either on behalf of those to which it has extended credit or on its own behalf) is capped.
The system also has a loss-allocation procedure in the event that an extender of credit is
unable to meet its end-of-day payment obligation, either for its own net purchases during the
day or on behalf of those receivers of credit that are unable to fulfil their payment obligations
à la fin de la journée. Under the loss-allocation procedure, the remaining extenders are
required to fulfil the obligation to the system of the failed extender. This loss-allocation
procedure is backed up by a pool of collateral that all extenders of credit maintain in
accordance with the requirements set out in the CDSX Rules. The extenders may also
guarantee some of their own payment obligations individually by pledging collateral to CDS
on a dollar-for-dollar basis to cover these obligations.
The sum of these two types of collateral is sufficient to cover the failure of the extender with
the single largest possible net debit to the system. Thus, in the case of the failure of a single
extender, CDSX would be expected to be able to settle without causing undue liquidity
strains for participating financial institutions. To facilitate any liquidity issues in the event of a
default, CDS has obtained a collateralised line of credit from a private sector bank. dans le
extreme case, where the liquidity line is insufficient, the Bank of Canada would provide a fully
collateralised last-resort loan facility. As CDSX operates as a model 2 DVP system,
transactions that have settled intraday cannot be unwound.
89
Free movement of securities allows participants to pledge securities to other participants’ accounts.
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Within this framework, CDSX incorporates a variety of risk-control mechanisms in its design
and operations:

CDSX is a real-time online facility with the position of each participant calculated on
a transaction-by-transaction basis.

CDSX has been designed to operate on a DVP (value-for-value) basis. There is
gross, or item-by-item, settlement for securities transfers throughout the day and, at
the same time, there is continuous netting and novation to CDS of corresponding
payment obligations.

All participants’ net debit payment positions vis-à-vis CDSX are subject to “system
operating caps”, ie ceilings, with the cap for certain participants linked to the size of
their regulatory capital.

Each category credit ring member has a collateral pool where members of the pool
combine collateral for common use and share risk by guaranteeing the obligations of
the other members that arise from use of the pool.90

The Aggregate Collateral Value (ACV) control ensures that any default will be fully
collateralised (subject to the sufficiency of the applicable haircut rates as described
below) at all times. The system rejects transactions that would cause a participant’s
payment obligation to exceed the collateral value of securities available and pledged
as collateral to cover that payment obligation. The ACV control tracks the value of a
participant’s collateral in real time.

The usable value of securities as collateral in the system is the market value of each
security less a haircut, to account for day-to-day volatility in the market price. le
securities eligible as collateral in CDSX are mostly in line with the securities allowed
for the Bank of Canada’s Standing Liquidity Facility – with the exception of equities.

Any transactions that would put a participant outside the limits imposed by the
collateralisation requirement or system operating caps are placed in a “pending”
status until a change would allow the transaction to settle within these limits.

All participants in CDSX can calculate their potential risk exposure at any given time.

At the end of the day, the net amounts in Canadian dollars owed and owing between
the CDSX (as a result of the novation of obligations to CDS) and the participants are
settled using the LVTS. US dollar settlement occurs through a commercial
settlement bank via Fedwire.

The system does not permit the reversal or unwinding of transactions as a means of
dealing with participant failure.

For Canadian dollars, the Bank of Canada acts as settlement agent for CDS in the
LVTS, with respect to payment obligations in CDSX. The Bank of Canada, in
carrying out this daily function, receives payments from participants that owe money
to CDS and makes payments to participants entitled to receive money from CDS.
With the Bank acting as settlement agent, so-called “banker risk” is eliminated for
CDSX and its participants transacting in Canadian dollars. There is no liquidity or
credit risk to the Bank of Canada from carrying out this function because the LVTS
is used to make end-of-day CDSX payments and the Bank will make an LVTS
payment on behalf of CDS only if there is a sufficient balance in the CDS account to
cover the amount of the payment.
90
Except for non-contributing receivers of credit (ie participants who do not create payment obligations for CDS).
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Canada
For CDS’s CCP services (FINet and CNS), the process has additional risk management
features that require each FINet/CNS participant to contribute margin collateral to cover the
participant’s own risks to CDS for its specific FINet/CNS activities. If a participant fails to fulfil
any of its obligations to CDS within FINet or CNS, CDS may suspend the participant and
initiate both the CDSX default procedures and the related CCP closeout procedures. le
closeout procedures use a defaulters-pay model and the value of the FINet/CNS collateral
that CDS has received from the defaulting participant is expected to be sufficient to cover
any CCP loss generated by the default of that participant. If it is not sufficient, the survivors
share in the losses.91
4.4.1.7 Links to other systems
The LVTS and CDSX have links that allow participants to move liquidity from one system to
the other. A participant in both LVTS and CDSX with a positive funds balance in CDSX can
send these funds to the Bank of Canada in CDSX and the Bank will send the participant an
LVTS payment for that amount. A similar arrangement allows a participant in both systems to
transfer LVTS funds to its CDSX funds account.
CDS has also established custody links to depositories in the United States, Japan, France,
Peru and Sweden. To help CDSX participants manage their US business, CDS has set up
links with both the Depository Trust Company (DTC) and the National Securities Clearing
Corporation (NSCC) to form an active inter-depository linkage. DTC is the central depository
for US securities and provides custodial and settlement services (trade-for-trade only), and
NSCC provides clearing services and settlement (on a trade-for-trade and CCP basis)
through DTC. CDS facilitates this through two links: the New York Link (NYL) and DTC Direct
Link (DDL). For NYL, CDS sponsors participants for direct membership in NSCC and DTC.
These participants can access NSCC’s/DTC’s custodial, institutional clearing and settlement
services, where NYL trading activity is predominantly settled on a continuous net settlement
base. For DDL, CDS also sponsors participants for direct membership in DTC.
4.4.1.8 Major ongoing and future projects
To improve the efficiency and cost effectiveness of the Canadian capital markets, CDS is
working towards eliminating physical securities certificates both for existing issues within
CDS’s vaults and the issuance of new securities. This will reduce overall industry processing
and holding costs for securities transactions, and lower the risk and eliminate the potential
cost of replacing lost certificates. In addition, with a target date of November 2011, all
entitlement payments paid to CDS will be in electronic form.
4,5
The use of securities infrastructure by the central bank
The Bank of Canada is a direct participant in CDSX and completes several business
activities through its participation.
4.5.1
Collateral management
The Bank of Canada uses CDSX to receive securities as collateral. This collateral is used to
support the intraday operations of the LVTS; Standing Loan Facilities related to the
settlement of the LVTS; and any advances associated with the withdrawal of currency by
participants in the Note Exchange System.
91
For a detailed description of the risk controls and default management, see
http://www.cds.ca/cdsclearinghome.nsf/Downloads/-EN-CDSFinancialRiskModelVersion6.0/$File/CDS+Financial+Risk+Model_Version+6.0.pdf?OpenElement.
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4.5.2
Monetary policy
The Bank of Canada, as part of its monetary policy, has a target for the overnight rate, and is
prepared to enter into open market securities operations with purchase and resales or sales
and repurchases to support the target rate. Term repos can also be used when liquidity
premia in money markets are distorted and associated with widespread liquidity problems in
an asset class or maturity. These would be most useful for providing liquidity to money
markets since they can be offered to any financial market participants with marketable
securities as the basis for the transaction. These transactions are all settled in CDSX.
4.5.3
Government debt administration
As part of the debt management services the Bank provides to the federal government, the
Bank issues through auction, and settles through CDSX, all new issues of government
treasury bills and marketable bond issues. Within CDSX, the Bank of Canada is the subcustodian for Government of Canada securities. Also, all interest and redemption payments
on government securities held in CDSX are settled through CDSX by the Bank of Canada
acting on behalf of the government.
4.5.4
Client services
The Bank of Canada offers settlement services on behalf of its correspondent clients,
primarily other central banks, for the Canadian dollar-denominated securities transactions
that these clients have entered into. These transactions are settled through CDSX.
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Payment, clearing and
settlement systems in
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Contenu
List of abbreviations..............................................................................................................151
Introduction ...........................................................................................................................153
1.
Institutional aspects.....................................................................................................154
1.1
The institutional framework ................................................................................154
1.1.1 Regulatory institutions...............................................................................154
1.1.2 Legal framework .......................................................................................156
1.2
The role of the central bank ...............................................................................158
1.2.1 Note issuance ...........................................................................................158
1.2.2 Payment and settlement services .............................................................158
1.2.3 Oversight...................................................................................................162
1.2.4 Cooperation with other institutions............................................................163
1.3
The role of other private and public sector bodies .............................................164
1.3.1 The Indian Banks’ Association..................................................................165
1.3.2 The Clearing Corporation of India Limited ................................................165
1.3.3 India Post ..................................................................................................166
1.3.4 The Institute for Development and Research in Banking Technology ......166
1.3.5 National Payments Corporation of India ...................................................166
1.3.6 Foreign Exchange Dealer’s Association of India ......................................166
1.3.7 Fixed Income Money Market and Derivatives Association of India...........167
1.3.8 The stock exchanges ................................................................................167
1.3.9 Securities depositories..............................................................................167
2
Payment media used by non-banks ............................................................................168
2.1
Cash payments ..................................................................................................168
2.2
Non-cash payments ...........................................................................................168
2.2.1 Cheques....................................................................................................168
2.2.2 Credit transfers .........................................................................................169
2.2.3 Direct debit................................................................................................169
2.2.4 Payment cards ..........................................................................................170
2.2.5 Point of sale (POS) infrastructure .............................................................171
2.2.6 ATM infrastructure and services ...............................................................171
2.2.7 Postal orders, money orders and retail services from India Post..............172
2.3
Recent developments ........................................................................................173
2.3.1 Rationalisation of service charges ............................................................173
2.3.2 Mandatory use of electronic mode of funds transfer.................................173
2.3.3 Internet/mobile phone banking..................................................................173
CPSS – Red Book – 2011
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Inde
2.3.4 Remittance services................................................................................. 174
2.3.5 Role of intermediaries .............................................................................. 174
3
Payment systems (funds transfer systems)................................................................ 175
3.1
General overview .............................................................................................. 175
3.2
Real-time gross settlement system ................................................................... 176
3.2.1 Operating rules......................................................................................... 176
3.2.2 Participants .............................................................................................. 177
3.2.3 RTGS transaction types ........................................................................... 177
3.2.4 Settlement procedure and liquidity support.............................................. 177
3.2.5 Transaction processing environment ....................................................... 178
3.2.6 The RTGS system process flow............................................................... 178
3.2.7 Credit and liquidity risk ............................................................................. 178
3.2.8 Pricing ...................................................................................................... 179
3.2.9 Statistics................................................................................................... 179
3.3
Exchange and settlement system for foreign exchange transactions ............... 179
3.3.1 Ownership, governance and regulatory status of CCIL ........................... 179
3.3.2 Participants .............................................................................................. 180
3.3.3 Transactions handled............................................................................... 180
3.3.4 System operating procedure .................................................................... 181
3.3.5 Clearing of trades and settlement obligations .......................................... 181
3.3.6 Settlement procedure............................................................................... 181
3.3.7 Risk management .................................................................................... 182
3.3.8 Cross-currency CLS-eligible trades ......................................................... 183
3.4
Retail payment systems .................................................................................... 183
3.4.1 Card-based systems ................................................................................ 183
3.4.2 Cheque clearing system........................................................................... 184
3.4.3 Electronic Clearing Service (ECS) ........................................................... 185
3.4.4 Electronic Funds Transfer system............................................................ 186
3.4.5 Ongoing and future projects..................................................................... 186
4
Systems for post-trade processing clearing and securities settlement....................... 187
4.1
General overview .............................................................................................. 187
4.2
Post-trade processing systems ......................................................................... 189
4.2.1 Government securities ............................................................................. 189
4.2.2 Collateralised Borrowing and Lending Obligation (CBLO) ....................... 189
4.2.3 Interest rate swaps................................................................................... 190
4.2.4 Exchange-traded securities and derivatives ............................................ 190
4.3
148
Central counterparties and clearing systems .................................................... 193
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4.3.1 Government securities ..............................................................................193
4.3.2 Collateralised Borrowing and Lending Obligations (CBLO) ......................194
4.3.3 Foreign exchange settlement....................................................................196
4.3.4 National Securities Clearing Corporation Ltd. (NSCCL)
and Indian Clearing Corporation Limited (ICCL).......................................196
4.3.5 Bombay Stock Exchange..........................................................................200
4.4
Securities settlement systems............................................................................202
4.4.1 Government securities ..............................................................................202
4.4.2 Securities traded on the NSE and the BSE ..............................................202
4.4.3 Derivatives ................................................................................................203
4,5
Use of securities infrastructure by the Central Bank ..........................................203
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List of abbreviations
AU M
guichet automatique
BOISL
Bank of India Shareholding Ltd
BSE
Bombay Stock Exchange
CBLO
collateralised borrowing and lending obligation
CCIL
Clearing Corporation of India Limited
CCP
central counterparty
CDSL
Central Depository Services Ltd
CFMS
Centralised Funds Management System
CRR
cash reserve ratio
CSGL
constituent subsidiary general ledger
ECS
Electronic Clearing Service
EFT
Electronic Funds Transfer
FEDAI
Foreign Exchange Dealers Association of India
ICSE
Inter-Connected Stock Exchange
IDL
intraday liquidity
IDRBT
Institute for Development and Research in Banking Technology
IFTP
interbank funds transfer processor
INFINET
Indian Financial Network
INR
Indian rupees
Introduction en bourse
initial public offer
IVR
réponse vocale interactive
LAF
liquidity adjustment facility
MICR
magnetic ink character recognition
NDC
net debit cap
NDS/SSS
Negotiated Dealing System/Securities Settlement System
NEAT
National Exchange for Automated Trading
NECS
National Electronic Clearing Service
NFS
National Financial Switch
NDS-OM
Negotiated Dealing System – Order-Matching (RBI-NDS-GILTS-Order
Matching Segment)
NPC
National Payments Council
NSCCL
National Securities Clearing Corporation of India Ltd
NSDL
National Securities Depository Limited
NSE
National Stock Exchange
OECLOB
open electronic consolidated limit order book
OTC
hors cote
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OTCEI
Over The Counter Exchange of India
PFRDA
Pension Fund Regulatory Development Authority of India
PI
participant interface
RBI
Reserve Bank of India
RTGS
real-time gross settlement
SCRA
Securities Contracts (Regulation) Act, 1956
SEBI
Securities and Exchange Board of India
SGF
settlement guarantee fund
SGL
subsidiary general ledger
SLR
ratio de liquidité statutaire
SSS
securities settlement system
152
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introduction
The financial sector in India has undergone significant reforms during the last two decades.
The reforms were initiated in 1992, with increased emphasis on deregulation, competition,
and adoption of international best practices. At the same time, banks and financial
institutions were encouraged to play an effective role in strengthening economic growth. le
major initiatives undertaken by the Reserve Bank of India (RBI), the central bank, included
deregulation, improved prudential measures and risk management, as well as measures to
develop financial markets. Recognising that payment and settlement systems should
conform to international standards, the RBI set out its objectives in a 1998 monograph on
Payment Systems in India. The subsequent Payment System Vision Document for 2001–04
provided a roadmap for the consolidation, development and integration of the country’s
payment systems. The resulting progress in the payment and settlement systems was
detailed in the Vision Document for 2005–08 published in May 2005. For its part, the Vision
Document 2009–121 reflects the changes after the enactment of the Payment and Settlement
Systems Act, 2007, and sets out the objective of ensuring “that all the payment and
settlement systems operating in the country are safe, secure, sound, efficient, accessible and
authorised”.
The RBI plays a pivotal role in the development of India’s payment and settlement systems
for both large-value and retail payments. The central bank played a pioneering role in
automating the paper-based clearing system in the 1980s. It introduced an electronic funds
transfer system and electronic clearing services (ECS Credit and Debit) in the 1990s. le
special electronic fund transfer (SEFT) system was introduced in April 2003 (subsequently
discontinued in March 2006, after the implementation of the National Electronic Fund
Transfer (NEFT) system in November 2005) and the real-time gross settlement (RTGS)
system in March 2004. The RBI operates the RTGS, which has replaced the paper-based
interbank clearing system and settles a sizeable volume of large-value and time-critical
customer transactions. RBI also manages the clearing houses (for paper-based and
electronic clearing) in 17 large cities while operating the clearing houses at four major
locations. It is the settlement banker in these cities. The RBI introduced the NEFT system in
November 2005. Together with ECS, this forms the electronic retail payment infrastructure.
The National Electronic Clearing Services (NECS) system, which aims to centralise the
Electronic Clearing Service (ECS) operation and bring uniformity and efficiency to the
system, was implemented in September 2008. At present, the NECS settles only credit
transfers. To improve efficiency in the paper-based clearing system, the central bank
introduced cheque truncation in the National Capital Region of New Delhi in February 2008.
Efforts are currently underway to implement cheque truncation in Chennai. The RBI
continues to be involved in the mechanisation of paper-based clearing in smaller cities and
towns.
The central bank played an instrumental role in setting up the Clearing Corporation of India
Limited (CCIL), a central counterparty (CCP) for the settlement of trades in government
securities and foreign exchange. The RBI serves as the custodian and central securities
depository (CSD) for Government of India securities. To facilitate faster settlement of trades
in government securities in dematerialised form, the RBI introduced in February 2002 an
electronic negotiation-based trading and reporting platform called the Negotiated Dealing
System (NDS). Further, to enhance the trading infrastructure in the government securities
market, the RBI introduced in August 2005 an electronic order-matching system called the
RBI-NDS-GILTS-Order Matching or NDS-OM in short. The NDS and NDS-OM are both part
of the securities settlement system (SSS) known as the Negotiated Dealing
1
The Vision Document is available at http://rbi.org.in/scripts/PublicationVisionDocuments.aspx.
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System/Securities Settlement System (NDS/SSS).2 The NDS/SSS provides final settlement
for government securities transactions that are settled in the books of the RBI, the CSD. le
NDS/SSS facilitates monetary operations of the central bank. The liquidity adjustment facility
(LAF), also administered by the RBI through the NDS/SSS, transmits interest rate signals to
Indian money markets. All secondary operations in government securities where CCIL acts
as the central counterparty (CCP) are also settled in the NDS/SSS, on the DVP3 model,3
with the funds being settled through the RTGS system.
The debt segment of the equities and securities market in India is dominated by bonds and
treasury bills issued by the government. Though physical issue of government securities is
permitted by law, institutional investors mostly hold their investment in dematerialised form.
The RBI is the depository (CSD) for government securities. For other securities, equities and
corporate bonds, the two central depositories are the National Securities Depository Limited
(NSDL) and the Central Depository Services Limited (CDSL), which hold the securities
issued and traded through the stock exchanges in dematerialised form.
There are at present 19 stock exchanges in the country; all have screen-based trading. le
National Stock Exchange (NSE) and the Bombay Stock Exchange (BSE), Mumbai, are the
two leading exchanges for equities, debt and derivatives. Trades are independently cleared
and settled at the clearing houses4 that both exchanges have set up for the purpose.
Settlement takes place on a T+2 basis. Funds settlement takes place in commercial bank
argent.
1.
Institutional aspects
1.1
The institutional framework
The financial sector has been significantly liberalised over the last two decades, and is now
more integrated with the global financial system. Simultaneously, new institutions have been
created and existing institutions strengthened so as to build an efficient regulatory
cadre. Legislation has also been considerably improved to support the regulatory
framework and improvements in market infrastructures.
1.1.1
Regulatory institutions
In India, there are three major regulators for the financial system. The Reserve Bank of India
(RBI), established under the Reserve Bank of India Act, 1934 (RBI Act), is the central bank of
the country, which pursues the objectives of economic growth, price and financial stability.
The Securities and Exchange Board of India (SEBI), established under the Securities and
Exchange Board of India Act, 1992, is the regulator of the capital market. The Insurance
Regulatory and Development Authority (IRDA), established under the Insurance Regulatory
2
The Negotiated Dealing System (NDS) and the Negotiated Dealing System – Order-Matching (NDS-OM) are
the trading and reporting components of the SSS. The NDS-OM, though managed by CCIL, is owned by the
RBI.
3
See Committee on Payment and Settlement Systems, Delivery versus payment in securities settlement
systems, Basel, 1992, p 4.
4
The National Securities Clearing Corporation Ltd (NSCCL), a wholly owned subsidiary of NSE, was
incorporated in August 1995 and started operations in April 1996. It was the first clearing corporation in the
country to provide a novation/settlement guarantee mechanism. Bank of India Shareholding Ltd (BOISL) is an
independent clearing house jointly promoted by BSE (49%) and Bank of India (51%) and which undertakes
clearing and settlement of funds and securities on behalf of BSE.
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and Development Authority Act 1999, is an independent supervisor of the insurance sector
with licensing authority. Given the rising importance of pension funds and their operations,
the government recently set up the Pension Fund Regulatory Development Authority of India
(PFRDA) to facilitate orderly growth in this sector. Though many regulatory powers have
been delegated to the regulators, as above, certain powers are still exercised by the
government. For instance, the Department of Economic Affairs (for public debt management,
functioning of capital markets etc), the Ministry of Corporate Affairs (administering the
Competition Act, 2002, and supervising accounting bodies), and the Registrars of
Cooperative Societies (controlling of cooperatives, namely, state cooperative banks, district
cooperative banks etc) have powers to regulate the activities of certain types of financial
intermediaries.
The RBI’s mandate, under the RBI Act, is “to regulate the issue of Bank notes and the
keeping of reserves with a view to securing monetary stability in India and generally to
operate the currency and credit system of the country to its advantage”. The RBI has
adopted a multiple indicator approach in order to achieve the desired level of economic
growth while preserving price and financial system stability. The RBI’s key functions include:

issuing currency;

acting as the monetary authority;

regulation and supervision of banks and other financial market participants;

regulation of payment and settlement systems;

management of foreign exchange reserves;

developmental functions; et

other conventional central banking functions.5
As part of the regulation and supervision of payment systems, the RBI oversees clearing
house operations. To ensure the smooth operation of clearing houses, the RBI has issued
model Uniform Regulations and Rules for Bankers’ Clearing Houses (URRBCH) for adoption
by clearing house members.6 The RBI uses its regulatory and supervisory powers to ensure
that these regulations are followed.
The Payment and Settlement Systems Act, 2007, empowers the RBI to regulate and oversee
all payment and settlement systems in the country and also to provide settlement finality7 and
a sound legal basis for netting. The Act came into effect on 12 August 2008. The RBI has
constituted the Board for Regulation and Supervision of Payment and Settlement Systems
(BPSS) as a committee of its Central Board.8 The BPSS became operational with effect from
7 March 2005. It formulates policies for the regulation and supervision of all types of payment
and settlement systems, sets standards for existing and future systems, authorises payment
and settlement systems, determines criteria for membership to these systems and decides
on continuation, termination and rejection of membership. The BPSS was reconstituted after
the Payment and Settlement Systems Act came into effect.
5
Such as lender of last resort; banker to banks; banker to the government etc.
6
Clearing houses are associations of member banks. Banks participate as members of clearing houses.
7
Section 23 of the Payment and Settlement Systems Act, 2007, defines settlement finality with respect to all
transactions undertaken in money, securities, foreign exchange and derivatives.
8
Central Board is the nomenclature used in the RBI Act 1934. The Central Board consists of the Governor,
Deputy Governors, 14 directors nominated by the central government under Section 8 (1) b, c and d.
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1.1.2
Legal framework
The different segments of the financial system and the activities of financial intermediaries
are governed and regulated by various statutes that indirectly affect the payment and
settlement systems. Some of the enabling legal framework is in the form of rules and
regulations that, though not legally codified, are enforceable due to their contractual nature.
Some of these laws and regulations are briefly explained below.
Under the provisions of the RBI Act, the RBI, as the central bank of the country, is the sole
authority for the issue of currency notes. The act also empowers the central bank to frame
regulations for clearing houses. Through an amendment to this act, the RBI was empowered
to make regulations in respect of fund transfers through electronic means between banks or
between banks and other financial institutions.
The Foreign Exchange Management Act 1999 (FEMA) was enacted to promote the orderly
development and maintenance of India’s foreign exchange market. FEMA confers powers on
the RBI to regulate, inter alia, foreign currency payments into and out of India.
The Banking Regulation Act, 1949, provides the legal basis for all the activities that can be
undertaken by banks in India. It is applicable to all institutions that receive deposits repayable
on demand or otherwise, for lending or investment. The Act confers powers on the RBI to
regulate the banks in the country and thus the clearing houses managed by banks, to inspect
the books and accounts of banks and to call for periodical financial reports and data from the
banks. Non-bank institutions accepting deposits and other financial institutions are also
governed and regulated under the RBI Act, 1934.
The Negotiable Instruments Act, 1881 (NI Act), defines promissory notes, bills of exchange
and cheques. After the enactment of the Information Technology Act, 2000, amendments
were made to the NI Act to provide for electronic cheques and cheque truncation.
The Information Technology Act, 2000, provides the legal basis for activities related to
electronic transaction processing. It also stipulates the security features that are necessary to
maintain the confidentiality, integrity and authenticity of such transactions. It provides legality
for digital signatures and encryption of data and enables electronically stored information to
be equivalent to documentary evidence in a court of law.
The Indian Contract Act, 1872, sets forth the principles of contracts in India. Agreements
entered into by parties, including their mutual rights and obligations, are governed by the
Indian Contract Act.
Clearing systems are governed by the Uniform Regulations and Rules for Bankers’ Clearing
Houses (URRBCH). The URRBCH cover all aspects related to the function and operation of
clearing houses, such as membership criteria, suspension from or termination of
membership and the procedures related to clearing and settling claims among members.
Individual clearing systems, such as the cheque clearing system, electronic clearing service
and electronic funds transfer system, operate under the governing covenants of these
regulations and rules as adopted by each clearing house. Originally, the URRBCH and each
system’s local procedural guidelines were contractually agreed between the clearing house
and its members. This is no longer the case with the URRBCH, as these contracts now have
legal recognition under the Payment and Settlement Systems Regulations, 2008.
These regulations, together with the Payment and Settlement Systems (PSS) Act, 2007,
came into effect in August 2008. The PSS Act specifies that no person, other than the RBI,
shall operate a payment system except with an authorisation issued by the RBI (unless
specifically exempted by the terms of the PSS Act). The Act provides for netting and
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settlement finality and vests formal oversight powers over all payment and settlement
systems with the RBI. In summary, the Act:

designates the RBI as the authority that regulates payment and settlement systems;

makes it mandatory to obtain RBI authorisation to operate a payment system;9

empowers the RBI to regulate and supervise payment systems by determining
standards and calling for information, regular reports, documents etc;

empowers the RBI to audit and conduct on- and off-site inspections of payment
systems;

empowers the RBI to issue directives; et

provides for netting and settlement to be final and irrevocable.
In addition to the Payment and Settlement Systems Act, 2007, five other laws have an
important influence on securities markets and securities settlement systems. The Securities
and Exchange Board of India Act, 1992, provides for the establishment of a board (the SEBI)
to protect the interests of investors in securities and promote the development of securities
marchés. It also confers powers on the SEBI to regulate the securities market by registering
and regulating all market entities such as stock exchanges and depositories, to conduct
enquiries, audits and inspections of such entities and to adjudicate offences under the act.
Sections 20 and 21A of the RBI Act mandate the RBI to act as a debt manager to the central
and state governments. Earlier, the Public Debt Act, 1944, provided the framework for
regulating transactions in the government securities market. This act was superseded by the
Government Securities Act, 2006 (GS Act 2006), from 1 December 2007. Some of the
significant changes brought about by the GS Act 2006 are legal recognition to lien, pledge
and hypothecation of government securities; simpler procedural formalities with regard to
transfer of title in the event of the death of the title-holder; and legal recognition for
Constituent Subsidiary General Ledger (CSGL) accounts.
Section 45W of the RBI Act empowers the RBI to regulate, determine policy and give
directions to all or any agencies dealing in securities, money market instruments, foreign
exchange, derivatives or other such instruments as the RBI may specify.
The Securities Contract Regulations Act, 1956 (SCRA), confers powers on the government
of India to regulate and supervise all stock exchanges and securities transactions. This act
also applies to government securities. The central government has delegated its powers
under the act to the RBI. These powers relate to contracts in government securities, money
market securities, gold-related securities and derivatives, as well as repurchase agreements
in bonds, debentures, debenture stock, securitised debt and other debt securities. All other
segments of the securities market are regulated by the SEBI through powers conferred on it
by the Securities and Exchange Board of India Act and the SCRA and through powers
delegated to it by the central government under the SCRA.
The Depositories Act, 1996, paved the way for the establishment of securities depositories
that support the electronic maintenance and transfer of ownership of securities in a
dematerialised form, facilitating faster settlement in the securities market.10
9
Section 2 (1) (i) of the Payment and Settlement Systems Act, 2007, defines a payment system as “a system
that enables that payment to be effected between a payer and a beneficiary, involving clearing, payment or
settlement service or all of them, but does not include a stock exchange”.
dix
Prior to the enactment of the Act, the securities were held in physical form with the beneficial owners.
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The Companies Act, 1956, sets out the code of conduct for the corporate sector in relation to
the issue, allotment and transfer of equity. It also regulates underwriting, the use of
premiums and discounts on issues, rights and bonus issues, the payment of interest and
dividends, and the publication of annual reports and disclosure of other information.
1.2
The role of the central bank
The responsibilities of the RBI include issuing notes, providing payment services, acting as
banker to the government and to banks, supervising and regulating banking institutions,
conducting monetary policy, maintaining the external value of the rupee and acting as the
custodian for the country’s foreign exchange reserves. Direction and oversight of the RBI’s
affairs are vested in its Central Board of Directors.
1.2.1
Note issuance
The responsibilities of note and coin issuance and currency management entrusted to the
RBI under the RBI Act are fulfilled by the RBI through 19 of its regional offices, eight suboffices/currency chests and (as of June 2010) a network of 4,302 currency chests.11 Under
the Act the RBI is the sole authority for the issue of currency notes and coins. The RBI’s
currency management function focuses on ensuring the adequate availability of notes and
coins and on improving the quality of notes in circulation and enhancing the security features
of banknotes. A recent priority has been to mechanise the processing and destruction of
notes. Banknotes are printed by four security presses, of which two are owned by the
government and two by an RBI subsidiary. The RBI issues notes in denominations of INR12
5, 10, 20, 50, 100, 500 and 1,000. The government is responsible for minting and supplying
coins to the RBI, which acts as the agent of the government in issuing and distributing coins,
as well as withdrawing and remitting them to the government.
1.2.2
Payment and settlement services
The RBI plays a major operational role in the payment and settlement system. It established
and also manages the RTGS system used for settling large-value and time-critical retail
payments above INR 200,000, as well as transactions related to the securities settlement
system (SSS). The SSS facilitates electronic trading and settlement of government
securities. Its introduction eliminated the manual processing of securities transactions and
centralised all the investments of market participants at the Mumbai office of the RBI. dans le
retail payments area, the RBI operates and manages clearing houses (for both paper-based
and electronic transactions) in four metropolitan cities, namely, Chennai, Mumbai, Kolkata
and New Delhi. The central bank also functions as the settlement bank for retail payments in
these four cities and 13 other large cities.
Provision of settlement (and credit) facilities
The RBI of India plays a direct role in providing settlement and credit facilities. Central bank
money is the asset used for settlement. To facilitate this, the RBI requires participants in the
various payment systems to maintain accounts with the central bank.
11
A currency chest is a repository of notes and coins of the RBI under the custody of a commercial bank.
12
The USD-INR year-end reference rate as on 31 December 2009 was USD 1 = INR 46.68.
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
Current account
Banks in India maintain current accounts with the RBI not only because it is their banker and
lender of the last resort, but also for statutory reasons. Under the provisions of the RBI Act,
1934, and the Banking Regulation Act, 1949, banks are required to maintain statutory cash
reserves with the RBI. For this purpose they maintain a current account with the RBI
designated as the principal current account, where their cash reserve balances are
maintained and monitored. To facilitate the settlement of interbank payments, banks need
additional accounts: a secondary account, held at the same RBI office as their principal
account, and a subsidiary account, held at other RBI offices, depending upon their
operations and requirements.
Banks must meet certain minimum balance requirements in each of these accounts. le
funds in these current accounts are used for the settlement of interbank and government
payments, and the net settlement obligations arising from cheque-based clearing or the
electronic retail payment system, and for funding the RTGS settlement account. Banks can
transfer funds between accounts they hold at different RBI offices. Overdrafts are not allowed
in these accounts and will result in penal action, as will balances that fall below the minimum
requirement. For smooth operation of the payment systems, the RBI provides liquidity
support to banks and primary dealers facing temporary liquidity problems against collateral
consisting of Indian sovereign/guaranteed securities.
To promote the development of the government securities market, the current account facility
has been extended to non-bank entities such as primary dealers in government securities.
Similarly, other non-bank entities such as non-banking financial institutions and insurance
companies have been allowed to open current accounts with the RBI to facilitate the
settlement of their money market operations (as they are not clearing house members). À
present, institutions allowed to open current accounts at the RBI include banks, primary
dealers, central and state governments, local bodies, quasi-government institutions, foreign
central banks, foreign governments, international organisations, financial institutions,
insurance companies and securities depositories.
Participants in the RTGS system must have an RTGS settlement account. Current account
balances can be used to fund this account at the start of the RTGS business day.
Throughout the day, participants can transfer funds between their RTGS settlement account
and their current account. At the end of the day, the RTGS settlement account balance is
transferred to the respective current account.

Subsidiary general ledger (SGL) account
Under the Banking Regulation Act, 1949, banks in India must maintain reserves of cash, gold
or unencumbered approved securities as a statutory requirement. The banks maintain
statutory reserves and their investments in government securities in dematerialised form in
an account called the subsidiary general ledger (SGL) account, which is held with the RBI.
The RBI’s Public Debt Office (PDO) acts as the depository for all central and state
government securities. These securities are issued in physical and dematerialised form.
Subsequent to the introduction of delivery versus payment (DVP) for the settlement of
government securities transactions in 1995, it was required that these securities be held as
far as possible in dematerialised form. For this purpose, all investors were required to open
SGL accounts, for the record-keeping of securities as book entries. Later the provision of
SGL accounts was rationalised, so that the PDO now offers SGL accounts only to banks and
entities that have a current account with the RBI. Institutions regulated by the RBI are
required to hold securities only in dematerialised form. In the past, banks could hold multiple
SGL accounts at various RBI offices, based on their operational requirements. However, with
the introduction of the NDS/SSS, their SGL accounts have been centralised at the PDO of
the RBI’s Mumbai office to facilitate centralised settlement of government securities
transactions.
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SGL account holders may transact in securities through primary market operations as well as
secondary market trading. Under the DVP mechanism, trades in government securities are
settled by debiting or crediting participants’ SGL accounts. Securities held in their SGL
accounts can also be used as collateral for loans and advances obtained from the RBI
(under the provisions of the RBI Act). Besides holding securities in their own investment
portfolios, banks may open separate accounts for investment in government securities on
behalf of their customers. These are called constituent SGL (CSGL) accounts. Securities
held in SGL and CSGL accounts are kept strictly segregated.
Banks must open a separate SGL account (an IDL-SGL account) to obtain collateralised
intra-day liquidity (IDL) for settling transactions in the RTGS system. This IDL-SGL account is
used for depositing or transferring collateral to the intraday liquidity (IDL) facility related to the
RTGS system. Participants can move securities freely between their IDL-SGL and regular
SGL accounts. The use of the IDL facility is reversed and the securities are automatically
released by the RBI into the IDL-SGL accounts when funds become available on banks’
RTGS settlement accounts. RTGS members can view their SGL and IDL-SGL account
balances in real time and transfer securities from one account to another electronically.
Participants also use the securities in their SGL account to provide collateral and
contributions to the settlement guarantee fund maintained by CCIL13 (to facilitate the
guaranteed settlement of government securities transactions). To facilitate faster movement
of collateral between CCIL and its members, members may make online transfers of
securities from their SGL account with the RBI to the SGL account that CCIL holds at the
RBI. This is considered a value-free transfer and not a DVP transaction as it involves only a
securities transfer and no funds transfer is involved.
The two securities depositories, National Securities Depository Limited (NSDL) and Central
Depository Services Limited (CDSL), also maintain SGL accounts with the RBI to facilitate
the dematerialised settlement of government securities traded in the retail debt segment of
the NSE and BSE.
Monetary policy and payment systems
Under the provisions of the RBI Act, 1934, and the Banking Regulation Act, 1949, banks
must maintain a statutory minimum of cash reserves in a current account with the RBI.14
These reserves are defined as a percentage of banks’ demand and time liabilities. De même,
under the provisions of the Banking Regulation Act, 1949, banks are required to maintain a
certain percentage of their total demand and time liabilities in India in the form of cash, gold
or approved securities (the statutory liquidity ratio or SLR).15
As part of its monetary policy operations, the RBI has traditionally used direct instruments
such as reserve requirements, increasing or decreasing the cash reserve ratio (CRR) and
SLR to influence the level of liquidity in the system and thus achieve its monetary policy
objectives. However, with the development of the country’s financial markets, monetary
policy objectives are now increasingly being met with indirect instruments such as open
market operations (OMOs), the Liquidity Adjustment Facility (LAF) and the Market
Stabilisation Scheme (MSS).
13
This fund is used for CCP-related risk management. If a member defaults, its contribution to the fund is
utilised.
14
Non-scheduled banks maintain cash reserves by holding physical cash or by maintaining a balance in the
current account with the Reserve Bank or by way of a net balance in current accounts with the State Bank of
India and its associate banks or public sector banks, or in one or more of these options.
15
The stipulated requirement is announced by the RBI in its periodic monetary policy reviews based on the
factors affecting liquidity in the system.
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Through OMOs, the RBI sells or purchases government securities on an outright basis when
it wants to permanently decrease or increase the liquidity available in the economy.
However, to address temporary mismatches in liquidity on a day-to-day basis, the LAF is the
preferred option. The LAF consists of interventions at the shorter end of the money market
through the use of repurchase agreements (repos) and reverse repos.16 These are
conducted as hold-in-custody operations, whereby the securities are held in custody by the
RBI. The duration of these repos and reverse repos is usually overnight, though longer
durations of 14 or 28 days have also existed. These auctions are conducted on a fixed rate
basis, although there have also been variable rate auctions. The LAF has emerged as the
RBI’s prime instrument for influencing liquidity and transmitting interest rate signals to the
marché.
The MSS was introduced in April 2004. Its objective is to provide more flexibility to the RBI in
its monetary management. Under the MSS, the RBI can issue government securities to
sterilise excess liquidity that might arise from long-term capital flows. Under the scheme, the
RBI issues treasury bills or dated securities up to a pre-agreed ceiling; the interest cost is
borne by the government, while the proceeds are retained by the RBI until the redemption of
the MSS securities.
The RBI’s lender of last resort/emergency liquidity assistance function is primarily intended to
deal with systemic crises. Lender of last resort assistance is provided under exceptional
circumstances to any entity solely for the purpose of regulating credit in the interests of
Indian trade, commerce, industry and agriculture, repayable on demand or on the expiry of a
fixed period not exceeding 90 days, against any bill of exchange or promissory note. Section
18 of the RBI Act empowers the RBI to provide such support to any entity on such terms and
conditions as found suitable by the RBI for a period not exceeding 90 days.
Public debt office
The RBI is the central security depository (CSD) for government securities. As such, the
settlement of government securities trades in the secondary market, as well as acquisitions
of such securities by investors in primary issues (through flotation or auctions), is reflected in
the books of the RBI (in electronic bookkeeping form). Other related services are also
provided by the RBI to investors – for instance, transfers, nominations, interest payments
and redemptions. These services are provided by the RBI’s Public Debt Office (PDO). Dans
February 2002, the RBI set up an electronic trading and reporting platform for OTC
government securities transactions called the Negotiated Dealing System (NDS). The OTC
trades reported over the NDS are accepted for clearing by CCIL which acts as the CCP for
government securities trades that are finally settled in the SSS.
The RBI aims to facilitate straight through processing of clearing and settlement of trades
related to government securities for which the PDO discharges the functions of a CSD. To
this end, it seeks to improve the facilities for trading and settlement in the government
securities market. For that reason the RBI introduced an electronic order-matching trade
module for government securities on its Negotiated Dealing System (RBI-NDS-GILTS-Order
Matching Segment, NDS-OM) on 1 August 2005. The system is anonymous and purely
order-driven, with all orders being matched by strict price/time priority and the executed
trades then flowing directly to CCIL, which becomes the CCP to each trade on the system.
In its first phase, only regulated entities, that is, banks and primary dealers, were permitted to
access NDS-OM. Subsequently, insurance companies gained access. Those without a
current account with the RBI were allowed to open special current accounts (the current
16
Repos are a purchase of securities to temporarily inject liquidity in the system, while reverse repos are the
sale of securities to temporarily absorb excess liquidity in the system.
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account facility has since been withdrawn and these entities, together with mutual funds, now
have a current account with designated commercial banks). Access to NDS-OM has now
been extended to all qualified mutual funds, provident funds and pension funds. Larger
institutions can have direct access to the system, while smaller players access it through a
principal member (via a CSGL account).
1.2.3
Oversight
The Payment and Settlement Systems Act 2007 (PS Act) mandates the RBI to regulate and
supervise payment systems. Chapter III of the Act lays down that “no person … shall
commence or operate a payment system except under and in accordance with an
authorisation issued by the RBI under the provisions of this Act”. The regulation and
supervision of payment systems is provided for in Chapter IV.17
The aims and scope of the oversight are outlined in Payment Systems in India Vision 2009–12.
The document states that the aim is “to ensure that all payment and settlement systems
operating in the country are safe, secure, sound, efficient, accessible and authorised”.
Before the PSS Act was enacted, the MICR cheque clearing houses were assessed with
regard to (i) URRBCH; (ii) minimum standards for operational efficiency for MICR clearing;
(iii) MICR procedural guidelines and (iv) various circulars issued by the RBI. Other electronic
retail payment systems were assessed on their individual procedural guidelines and
benchmarks or best practice indicators for operational efficiency.
Under the PSS Act, oversight is more structured, and comprises the three major activities of
monitoring, assessment and inducing change.
Monitoring: “planned” systems are monitored through the authorisation process, which
comprises submission of the following:

an application by the entity with the notified fee amount;

Memorandum of Association;

the entity’s financial statements;18

details of Board of Directors and the CEO;

a clear process flow;

proposed business plan;

gross/net/hybrid settlement mode;

risk mitigation mechanism;

ensuring Know Your Customer (KYC) norms; et

mechanism for redressal of customer grievances.
Assessment: systems are assessed through a process of off-site surveillance and needsbased on-site inspections. Off-site surveillance is conducted through a combination of annual
17
The powers to regulate and supervise comprise: Section 10: Power to determine standards; Section 11:
Notice of change in the Payment System; Section 12: Power to call for returns, documents or other
information; Section 13: Access to information; Section 14: Power to enter and inspect; Section 16: Power to
carry out audit and inspection; Section 17: Power to issue directions; Section 18: Power of RBI to give
directions generally; Section 19: Directions of RBI to be generally complied with.
18
Different capital requirements are specified by the RBI for entities based on the type of payment system they
propose to operate.
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self-assessment by the payment system operator and the information it furnishes. Annuel
self-assessments are carried out by the payment system operators according to an
assessment template prepared by the RBI. Various risk assessment templates
corresponding to different retail (electronic and paper) payment systems and large-value
payment systems form part of the assessment framework. The assessment templates for
retail (electronic and paper-based) are based on a subset of the Core Principles.19 With
respect to financial market infrastructures (FMIs), the assessment template is based on
standards such as the Core Principles, Recommendations for Securities Settlement Systems
and Recommendations for Central Counterparties.
On-site inspections are based on the risk profile of the entity derived from the annual selfassessment, information provided by the entity concerned, and market intelligence.
Currently, all payment systems provide turnover data (volume and value) to the RBI. Dans
future, information on a variety of risk parameters will be collected in a more detailed format.
A system of alerts for proactively managing the smooth and efficient functioning of payment
systems in the country is also planned. The alerts will track various risks such as credit,
liquidity, counterparty, settlement and operational exposures.
Inducing change: a variety of tools exists, starting with the URRBCH and the procedural
guidelines for various products, Minimum standards for operational efficiency for select retail
payment systems, RTGS business rules and membership criteria, as well as statutory
powers conferred by the PSS Act, are available for inducing change. In addition, meetings
where stakeholders can air their views can pave the way for changes in policy. Moral suasion
continues to be an important tool for effecting change.
To sum up, the oversight process relies on off-site surveillance and needs-based on-site
inspection, data and information collection, compilation and analysis, and a system of alerts
complemented by market intelligence.
1.2.4
Cooperation with other institutions
The RBI liaises with all stakeholders including the Indian Banks Association and participants
as part of its consultative process on all major policy initiatives. The RBI is a member of the
South Asian Association for Regional Cooperation (SAARC) Payments Council. Under this
initiative, technical assistance has been provided to a SAARC member nation which is
modernising its payment system. The RBI also cooperates with the Federal Reserve for the
USD-INR net settlement system for which the Clearing Corporation of India Ltd acts as a
central counterparty. In association with the CPSS, the RBI also conducts seminars on
payment systems for countries in the region. In addition, some African nations have
requested and received technical assistance to improve their payment system infrastructure.
Indo-Nepal remittances
Given the large number of Nepalese people who work in India and send money to relatives in
Nepal, the need was felt for an affordable payment facility for remittances from India to
Nepal. Agreed between the Nepal Rastra Bank (the central bank of Nepal) and the RBI, the
scheme commenced operation on 15 May 2008. Its main features are:
(i)
19
One-way remittances are sent from India to Nepal using the banking system with a
ceiling of INR 50,000 per remittance and a maximum of 12 remittances per person
par an.
Core Principle (CP) I, CP–II, CP–V, CP–VII, CP–IX and CP–X.
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(ii)
The remittance facility is extended to non-customers as well as customers of the
banks.20
(iii)
All NEFT-enabled bank branches in India participate in this cross-border remittance
scheme.
(iv)
Remittances are distributed to the beneficiaries in Nepal through the branches of
Nepal State Bank Ltd and its approved agents.
1.3
The role of other private and public sector bodies
Financial intermediaries in India are categorised into four groups:

les banques commerciales

cooperative banks

institutions financières

non-bank financial companies
Commercial banks can be divided into distinct categories depending on their method of
establishment and pattern of ownership. These are public sector banks (PSBs, in which the
government holds an equity stake), private sector banks, foreign banks and regional rural
banks (RRBs). Commercial and cooperative banks are allowed to engage in a wide range of
banking and financial services. Financial institutions and non-bank finance companies are
not allowed to accept deposits with a cheque issuance facility. Non-bank entities now under
the PSS Act are permitted to provide certain payment services after due authorisation from
the RBI under the PSS Act subject to adherence to the norms prescribed for the service
provided.21
Banks must be licenced by the RBI. In addition to the licence, banks that fulfil certain
conditions22 are considered for inclusion in the Second Schedule to the RBI Act. Banks that
do not fulfil these conditions are treated as non-scheduled banks.
At the end of March 2010, there were 169 commercial banks, 1,674 urban cooperative banks
(UCBs), 31 state cooperative banks, 370 district central cooperative banks, four development
financial institutions and 12,630 (June 2010) non-bank finance companies in India. le
commercial banks comprise 27 PSBs, 22 private sector banks, 34 foreign banks and
82 RRBs and four local area banks. The cooperative banking system forms an integral part
of the Indian financial system, where UCBs play an important role as financial intermediaries
in urban and semi-urban areas, catering to the needs of the non-agricultural sector,
particularly small borrowers. The RRBs, owned by the commercial banks and the central and
state governments, were formed under the Regional Rural Bank Act, 1976. They play a key
role in rural institutional financing, in terms of geographical and client coverage, business
20
Remittances can be initiated by passing cash over the counter or by a credit transfer from the senders’ bank
account.
21
An entity which is licensed by the RBI as a bank can accept deposits from the public and provide a cheque
issuance facility. Entities which are not banks cannot issue cheques and cannot participate in the payment
système. The only exception is the Post Office.
22
It should (i) be a state cooperative bank or a company under the Companies Act or any institution notified by
the central government for the purpose of inclusion in the Second Schedule of the RBI Act, or any corporation
or a company which is formed by or under any law in any place outside India; (ii) have paid-up capital and
reserves of an aggregate value of not less than INR 500,000; and (iii) satisfy the RBI that its affairs are not
being conducted in a manner detrimental to the interests of its depositors.
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volume and contribution to the development of the rural economy. The public sector banking
institutions with their nationwide branch network dominate the banking sector.
1.3.1
The Indian Banks’ Association
The Indian Banks’ Association (IBA), formed in 1946, is a self-regulatory body with
159 members comprising public sector banks, private sector banks, foreign banks with
offices in India, urban cooperative banks, developmental financial institutions, federations,
merchant banks, mutual funds and housing finance corporations. The IBA facilitates
promotion of sound and progressive banking principles and practices, cooperation and
coordination on procedural, legal, technical, administrative and professional matters, and the
pooling of expertise for common purposes, such as reducing costs, increasing efficiency or
improving systems, procedures and banking practices. The IBA coordinates issues in the
area of payment, clearing and settlement systems in the committees that are formed for this
purpose. Moreover, it coordinates with financial sector regulators in all relevant areas. le
IBA represents the banking sector’s interests in the areas of charges for payment products,
ATM usage etc, and interacts with the RBI on these issues. IBA also plays a major role in the
implementation of cheque standardisation, including the selection of printers of blank cheque
forms.
1.3.2
The Clearing Corporation of India Limited
The Clearing Corporation of India Limited (CCIL) was set up in 2001 under the Indian
Companies Act. Within a decade, CCIL has come to occupy a significant position in the
country’s payment system. Various banks and financial institutions contribute to its share
capital. CCIL was established with the aim of providing a safe institutional framework for the
clearing and settlement of trades in government securities, forex, money and debt markets,
so as to bring efficiency to the transaction settlement process and protect participants from
counterparty risks. CCIL acts as the CCP through novation and guarantees settlement for
transactions in the government securities and foreign exchange markets. CCIL has also
developed a money market product, the collateralised borrowing and lending obligation
(CBLO)23 and guarantees its settlement. Participants in these markets must become
members of CCIL for each segment separately and contribute to CCIL’s settlement
guarantee fund.24
CCIL offers a platform for the settlement of foreign exchange trades through CLS Bank using
the third-party services of a settlement bank.
CCIL also provides non-guaranteed settlement facilities for transactions routed via the
National Financial Switch (NFS), which is the main switch for ATM transactions in India. Dans
this case, CCIL neither acts as a CCP nor does it provide guaranteed settlement. le
settlement file is routed through CCIL to the RBI where the final settlement takes place in
central bank money.
In June 2003, CCIL set up a wholly owned subsidiary, Clearcorp Dealing Systems (India) Ltd
to provide dealing systems/platforms for CBLOs, repos and money market instruments of
any kind, as well as for foreign exchange.
23
The “Collateralised Borrowing and Lending Obligation (CBLO)”, a money market instrument, is a product for
entities who are either excluded from the interbank call money market or whose access to it is restricted by a
ceiling on call borrowing and lending transactions, and who do not have access to the call money market. le
CBLO is a discounted instrument in electronic book entry form with a maturity ranging from one day to ninety
days (and up to one year under RBI guidelines) that allows market participants to borrow and lend funds.
24
The settlement guarantee fund is made up of initial margins collected by members. In the event of a default,
the defaulting member’s contribution is used.
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1.3.3
India Post
India Post has a large network of post offices across the country. In addition to mail and
parcel services, post offices offer savings accounts and insurance products. Several new
services such as Western Union money transfers, electronic money orders and distribution of
mutual funds have been added to India Post’s range of services in the past decade. Poster
offices are clearing house members even though they are not banks. They can also issue
cheques to their savings account holders.
1.3.4
The Institute for Development and Research in Banking Technology
The Institute for Development and Research in Banking Technology (IDRBT) was
established by the RBI in 1996 as an autonomous centre for development and research in
banking technology, with a view to implementing a variety of payment applications and
fostering the development of a reliable communication network. The Governing Council of
the IDRBT includes the Deputy Governor and an Executive Director of the RBI, in addition to
members from the IBA and from leading academic institutions (in the area of science and
technology).
The IDRBT concentrates its research efforts on financial network architecture, security
policy, security systems, payment and settlement systems and data warehousing. Through
its education, training and e-learning programmes and initiatives, the IDRBT contributes to
the education of technology professionals from India’s banking sector. The IDRBT operates
and manages the Indian Financial Network (INFINET), a closed user group communication
backbone for the Indian financial sector that hosts intrabank and interbank applications. le
IDRBT is also the certifying authority for the Indian financial sector under the Information
Technology Act, 2000.
To support straight through processing for payment system applications, the IDRBT
developed the Structured Financial Messaging Solution (SFMS), which is akin to SWIFT for
message exchange within India. The National Electronic Funds Transfer (NEFT) system was
developed on an SFMS platform by the IDRBT.
1.3.5
National Payments Corporation of India
With banks as its shareholders, the National Payments Corporation of India (NPCI) is an
umbrella organisation for retail payment systems. It is incorporated as a company under
Section 25 of the Companies Act (which does not pay dividends to its shareholders and
applies its profits or other income to promoting its objectives). Its aims are the optimal use of
resources through consolidation of existing infrastructure; the construction of new nationwide
payments infrastructure; and the provision of a robust and affordable technology platform for
retail payment services. NPCI has since taken over the operations of the National Financial
Switch from IDRBT.
1.3.6
Foreign Exchange Dealer’s Association of India
Foreign Exchange Dealer’s Association of India (FEDAI) was set up in 1958 as an
association of banks dealing in foreign exchange in India. (Such banks are known as
Authorised Dealers or ADs). It is a self-regulatory body incorporated under Section 25 of the
Companies Act. FEDAI’s major activities include the framing of rules for the interbank foreign
exchange business, and liaison with the RBI on reforms and the development of the forex
marché. FEDAI aims for the smooth functioning of the markets through close coordination
with the RBI and other organisations such as the Fixed Income Money Market and
Derivatives Association of India (FIMMDA), the Forex Association of India and various
market participants.
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1.3.7
Fixed Income Money Market and Derivatives Association of India
The Fixed Income Money Market and Derivatives Association of India (FIMMDA) is an
association of scheduled commercial banks, public financial institutions, primary dealers and
insurance companies. Incorporated as a company under Section 25 of the Companies Act in
1998, it is a voluntary market body for the bond, money and derivatives markets. FIMMDA
has members representing all major institutional segments of the market.
Its objectives are to:

liaise with regulators on various issues that impact the functioning of these markets;

undertake developmental activities, such as introduction of benchmark rates and
new derivatives instruments;

provide training and support for dealers and staff at member institutions;

adopt and develop international standard practices and a code of conduct;

devise standard best market practices;

arbitrate in disputes between member institutions;

develop standardised documentation; et

facilitate smooth and orderly market functioning.
FIMMDA seeks to achieve these objectives by establishing specific working groups. FIMMDA
is represented in the RBI’s Technical Advisory Committees (TACs) on Government
Securities and Money Market and on the Foreign Exchange Markets. FIMMDA also runs
seminars, training programmes and symposiums.
1.3.8
The stock exchanges
There are 19 stock exchanges in the country that are recognised under the Securities
Contract Regulations Act, 1956 (SCRA). Most are regional exchanges. Their area of
operation is specified at the time of their recognition under the SCRA. Companies wishing to
list their securities on stock exchanges are obliged to do so on the regional stock exchange
nearest to their registered office in order to facilitate investments and trade in securities. Tout
of these exchanges have settlement guarantee funds, offer screen-based trading, and clear
and settle trades independently. Companies can seek listing on other exchanges as well.
The SEBI has recently allowed all exchanges to set up trading terminals anywhere in the
country. Three exchanges, the Over-the-Counter Exchange of India (OTCEI), the National
Stock Exchange (NSE) and the Inter-Connected Stock Exchange of India (ICSE), were
permitted to have nationwide trading facilities from their inception. The NSE has emerged as
the country’s leading stock exchange. Chapter 4 includes a detailed description of the two
leading stock exchanges, the NSE and the Bombay Stock Exchange (BSE), which together
account for more than 99% of India’s stock market trading in terms of both volume and value.
Trades executed on the NSE are cleared and settled by the National Securities Clearing
Corporation of India Limited (NSCCL), acting as a central counterparty. In the case of the
BSE, an independent company, the Bank of India Shareholding Ltd (BOISL), handles
clearing and settlement on behalf of the exchange.
1.3.9
Securities depositories
The National Securities Depository Limited (NSDL) was established in November 1996 after
the enactment of the Depositories Act in August of that year. The NSDL is promoted by the
Industrial Development Bank of India (IDBI), formerly the largest development bank in India
(now merged with the IDBI Bank), the Unit Trust of India (UTI, then the largest mutual fund)
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and the NSE. The other shareholders of the NSDL include some large public sector, private
sector and foreign banks.
Central Depository Services Limited (CDSL) was established in February 1999 and is
promoted by the BSE, along with public, private and foreign banks in the country.
These depositories also extend their services to securities traded on other stock exchanges
in the country.
The depository services for equities and debt instruments are extended through depository
participants (DP), which can be banks, non-bank financial institutions, custodians, brokers, or
any entity eligible under the SEBI (Depositories and Participants) Regulations, 1996.
Currently, 758 DPs are registered with the two depositories, offering their services in many
cities in the country. Investors must open an account with a DP in either of the two
depositories in order to conduct transactions in dematerialised securities.
The two depositories have direct interfaces with the clearing houses of stock exchanges,
issuing companies and their registrars, share transfer agents and depository participants.
This facilitates dematerialisation of securities. However, the depositories can reconvert the
securities to physical form at the request of the holder.
2
Payment media used by non-banks
2.1
Cash payments
In India, cash continues to be the most widely used medium of exchange. Cash is readily
accessible through the growing number of ATMs that banks have deployed across the
country in recent years. The RBI makes periodic changes to the design of banknotes as well
as their production, distribution and withdrawal; old and unusable banknotes are destroyed
and replaced with new ones. Currency notes are legal tender everywhere in India for
payment or for deposit on account without any limit. The ratio of currency to broad money
(M3: currency held by the public, demand and time deposits at banks and other deposits held
at the RBI) was 14.3% at end-March 2010. The ratio of currency to GDP was 11.21%.
2.2
Non-cash payments
In India, non-cash payments through banking channels are effected by means of cheques
(64.7% of the volume and 11.7% of the total value of cashless payment transactions at endMarch 2010), credit transfers (9.3% and 44.8% of the total volume and value respectively for
transactions relating to ECS (credit, EFT/NEFT, and RTGS), payment obligations arising out
of FX transactions, Government securities transactions and CBLO operated by CCIL (0.1%
and 43.4% respectively), and direct debits and credit and debit cards (26.0% and 0.2%
respectivement).
2.2.1
Cheques
The predominant medium for non-cash payments in India is the paper-based cheque. Autre
paper instruments include banker’s cheques and payment orders. At end-March 2010, 64.7%
of the total number and 11.7% of the total value of cashless transactions were by cheque.
Cheque volumes have risen substantially over the last three decades, owing to the
expansion of banking branch networks and banking services. The share of cheque payments
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in the total value of cashless payments has, however, declined since 2004–05,25 as largevalue interbank and some customer transactions are now settled through the RTGS system.
Under the Negotiable Instrument Act, 1881, cheques must be presented physically to the
bank branch on which they are drawn. The resulting delayed payment cycles have prompted
a shift from manual processing to more efficient electronic systems for the exchange and
settlement of cheques. Automated cheque processing was introduced from the mid-1980s
when the first MICR cheque processing centres (CPCs) were set up. Inter-city clearing
started in the early 1990s (but was discontinued in November 2009). From the mid-1990s,
the Magnetic Media-Based Clearing System has also helped to substantially reduce clearing
and settlement times. (MMBCS provides for electronic settlement based on electronically
submitted settlement data, although processing is manual.) The NI Act was amended in 2001
to allow scanned cheque images, paving the way for the cheque truncation initiative that
went live in February 2008 in the New Delhi region. Another cheque truncation project is
planned for Chennai in south India. Growth in cheque volumes is expected to slow in the
medium term, as electronic payments gain ground.
2.2.2
Credit transfers
While credit transfers represented 44.8% of all cashless payments in terms of value at endMarch 2010, in terms of volume they only represented 9.3%. This indicates that large-value
payments are now increasingly carried out as electronic credit transfers. The settlement of
government securities, foreign exchange and CBLO transactions (through CCIL) are settled
electronically on a net basis.
The Electronic Clearing Service (ECS), which clears retail electronic transfers, comprises a
credit and a debit system. The ECS system is used mainly for one-to-many transfers. dans le
ECS Credit system, each single debit transaction triggers a large number of credit entries. Dans
the ECS Debit system a large number of debits result in a single credit entry. The ECS Debit
system is presented in Section 2.2.3.
The National Electronic Funds Transfer (NEFT) system came into operation in November
2005. It facilitates electronic retail transfers between bank branches using SFMS and
secured by PKI (public key infrastructure) technology. The Electronic Funds Transfer (EFT)
system that was previously in use has been discontinued.
The RTGS system, which is used mainly for large-value payments, settles both interbank
and customer transactions. A threshold value26 has been prescribed for customer
transactions in RTGS, while there is no such limit under NEFT. Customers can choose to
make payments through either RTGS (if they are above the threshold limit) or NEFT. le
RTGS system accounts for a large percentage of the total value of funds transfers in the
country. The details of the RTGS system are presented in Section 3.2.
2.2.3
Direct debit
The ECS Debit scheme is the only direct debit scheme in India for payments to electricity,
telephone, insurance or credit card companies, or payments of loan instalments etc. ECS
Debit aggregates a large number of debits into a single credit to the beneficiary. The system
works on the principle of preauthorised debits, which is a signed paper mandate obtained
from the customers by the utility company with a copy of the signed mandate being
maintained at the bank. The account holder’s account is debited on the agreed date and the
25
Financial year from April 2004 to March 2005.
26
At present the threshold value for customer payment orders in RTGS is INR 200,000.
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amounts are credited to the beneficiary. The customer can set a ceiling on the amount that
can be debited from his account for any particular type of payment. Prior to the value date,
the utility company informs the customer of the debit amount and, if the debit amount is
incorrect, the customer can instruct his bank to stop payment. Final settlement takes place
both in central bank money and in commercial bank money (in those centres where the RBI
does not have an office). In Mumbai, the settlement takes place in RTGS.
The volume of ECS Debit transactions increased from 36.0 million as at end-March 2006 to
150.2 million as at end-March 2010, with the value of transactions rising from
INR 129.9 billion to INR 698.2 billion.
2.2.4
Payment cards
Card-based transactions are registering phenomenal growth in India. Cards, especially debit
cards, are becoming the preferred electronic payment mode for both consumers and
retailers.
Cartes de crédit
Credit cards were introduced in India in the late 1980s and have since gained large-scale
acceptance. Under the PSS Act, American Express Banking Corp, USA; Diners Club
International Ltd, USA; MasterCard International Inc, USA; and Visa Worldwide Pte Ltd,
Singapore, have been authorised to issue credit cards in India.27 At end-March 2010,
24.1 million credit cards had been issued by banks in India.
Debit cards
In recent years, debit card issuance and usage have grown much faster than those of credit
cards. Banks in India also offer combined ATM and debit cards. Under the PSS Act,
American Express Banking Corp, USA; MasterCard International Inc, USA; Visa Worldwide
Pte Ltd, Singapore, have been authorised to issue debit cards in India.28 At end-March 2010,
banks in India had issued 143.0 million debit cards.
Prepaid payment Instruments
Prepaid payment instruments are payment instruments with value stored on smart cards,
magnetic strips cards, internet accounts, internet wallets, mobile accounts, mobile wallets,
paper vouchers and stored value internet payment services. Prepaid instruments are a
convenient cashless payment method and facilitate e-payment for goods or services
purchased via the internet or mobile phone. The RBI issued guidelines in April 2009 and
August 2009 on prepaid payment instruments. Issuers of prepaid payment instruments must
be authorised by the RBI under the PSS Act. Authorisation by the RBI is required for the
following types of instrument:

semi-closed system payment instruments: these are payment instruments that are
redeemable at a group of clearly identified merchant locations/ establishments,
which contract specifically with the issuer to accept the payment instruments. Celles-ci
instruments do not permit cash withdrawal or redemption by the holder.

open system payment instruments: these are payment instruments that can be used
for purchase of goods and services at any card-accepting merchant locations (point
of sale terminals) and which also permit cash withdrawal from ATMs.
27
At the moment there are no domestic credit card brands in India.
28
At the moment there are no domestic debit card brands in India.
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Only banks can issue open system payment instruments. For schemes operated by banks,
the outstanding balance forms part of the “net demand and time liabilities” for the purpose of
maintaining reserve requirements. This position is computed on the basis of the balances
appearing in the books of the bank as on the date of reporting. Other non-bank persons
issuing payment instruments are required to maintain their outstanding balance in an escrow
account with any scheduled commercial bank and the amount so maintained is to be used
only for making payments to the participating merchant establishments. The maximum limit
for issuance of prepaid payment instrument is INR 50,000.
2.2.5
Point of sale (POS) infrastructure
The total number of POS terminals in the country as of September 2010 was 524,038. Tous les
POS terminals are interoperable with the exception of the terminals belonging to American
Express. Transactions undertaken at POS terminals with debit or credit cards are settled as
normal card transactions, with the acquiring bank routing these transactions to the VISA
switch for settlement through Bank of America in the case of VISA-branded cards. Pour
MasterCard-branded cards, transactions are routed to the MasterCard switch and settled
through Bank of India. Settlement in both cases is on a T+1 basis.
The use of debit cards at point of sale (POS) terminals has been increasing. En espèces
withdrawals at POS terminals have been permitted from July 2010, with this facility available
on all debit cards issued in India, with a limit of INR 1000 per day. Cash withdrawals are
available whether or not the cardholder makes a purchase. Banks offering this facility have
been advised to put in place a proper customer redress mechanism. Earlier, the cash
withdrawal facility using plastic cards was available only at automatic teller machines
(ATMs).
2.2.6
ATM infrastructure and services
The total number of ATMs in the country as of September 2010 was 64,965. The major ATM
networks in India are National Financial Switch (NFS), CashTree, BANCS, Cashnet, and the
SBI Group network. In addition, most ATM switches are also linked to VISA or MasterCard
gateways (for cards affiliated to VISA and MasterCard). The NFS is the largest of these
networks.
National Financial Switch (NFS): The National Financial Switch (NFS) was established by
IDRBT to facilitate connectivity among the ATM switches of all banks, addressing the
limitations of other ATM networks and creating a reliable national infrastructure. Banks can
connect to NFS either from their own switches or through the switch of their group. The NFS
is now operated by the National Payments Corporation of India (NPCI). The Clearing
Corporation of India (CCIL) is the settlement agency for all transactions routed through NFS.
Forty-six banks participate in this service, covering a network of 62,842 ATMs as at
end-September 2010.
ATM networks operate in clusters or other cooperative arrangements. A stylised transaction
flow in an ATM network is shown below:
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Client
Bank A
AU M
de
Bank A
AU M
Switch of
Bank A
Maîtriser
ou
VISA
Bank A
passerelle
Client
Bank B
NFS
AU M
de
Bank B
BANCS or
Cashnet or
Cashtree…
Bank B
passerelle
Client
Bank C
1.
Where the issuing bank and acquiring bank are the same: when customer A uses its
own bank ATM, the transaction is switched by the bank’s ATM switch to its own
gateway.
2
Where the issuing bank and the acquiring bank are different: customer B (of issuing
Bank B) uses the ATM of Bank A (the acquiring bank), the transaction is routed to
Bank A’s switch. The Bank A switch has the option to route the transaction to one of
the networks (shown with dotted lines):
(une)
If Bank A and B are members of the same closed user group ATM Network
(eg Cashnet, CashTree etc), the transaction is routed to the issuing bank from
the network switch.
(b)
If Banks A and B are not members of the same group, they exercise the option
of routing the transactions to NFS (if Bank B is a member of NFS) or the VISA
or MasterCard switch for transmission to the issuing bank.
ATMs are used mainly for cash withdrawals and balance enquiries. Savings bank customers
can use a different bank’s ATM free of charge for the first five transactions (of any type,
financial or non-financial) in a month, with subsequent transactions being charged (the
charge not to exceed INR 20). Customers pay no charges for using the ATMs of their own
bank.
2.2.7
Postal orders, money orders and retail services from India Post
Another important and popular payment instrument is the money order (MO) service offered
by India Post. MOs allow money to be transmitted via the postal network. The originating
post office collects the remittance, plus a commission, from the person remitting the funds
and sends an advice to the destination post office, where the funds are paid to the
beneficiary. India Post also offers postal orders (POs), which are a prepaid funds transfer
facility issued in various denominations. Recipients can encash them at any post office. MOs
and POs are both giro payment instruments and are cleared outside the banking system.
MOs are used for individual point-to-point transfers whereas POs are usually used to make
small payments, eg for official charges or fees.
Other payment services from India Post include the Instant Money Order (iMO), an online
money transfer service for amounts ranging from INR 1,000 to INR 50,000. An international
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money transfer service is also available, through a collaboration between India Post and
Western Union (for more information on remittances, see Section 2.3.4).
India Post has recently been authorised to issue prepaid payment cards to its account
holders.
2.3
Recent developments
Removal of charges for payment services
The RBI has waived the processing charge levied on banks for ECS, NEFT and RTGS
transactions until March 2011 to encourage the use of electronic payments and allow banks
to pass on the benefit to the customers. Similarly, the limits on the size of ECS and NEFT
transactions were removed in November 2004 to increase the user base.
2.3.1
Rationalisation of service charges
The RBI has advised all banks of a framework for service charges.By this code, customers
should not pay any charge for using the ATMs of their own bank. The use of a different
bank’s ATM is free up to the first five transactions (of any type, financial or non-financial) in a
month, with subsequent transactions being charged (the charge not to exceed INR 20).
Under Section 18 of the Payment and Settlement Systems Act, 2007, the RBI has also
issued a directive on the charges that banks can levy for various electronic products and for
cheque collection services. The service charges are as follows:
Services
Transaction amount
Inward
RTGS/
NEFT/ECS
Des charges
Libre
Outward
RTGS
 INR 200,000–500,000
 not exceeding INR 25 per transaction
 INR 500,001 and above
 not exceeding INR 50 per transaction
Outward
NEFT
 Up to INR 100,000
 not exceeding INR 5 per transaction
 INR 100,001–200,000
 not exceeding INR 15 per transaction
 INR 200,001 and above
 not exceeding INR 25 per transaction
 Up to INR 10,000
 not exceeding INR 50 per instrument
 INR 10,001–100,000
 not exceeding INR 100 per instrument
 INR 100,001 and above
 not exceeding INR 150 per instrument
Outstation
vérifier
collection
2.3.2
Mandatory use of electronic mode of funds transfer
An RBI directive has made it mandatory to route payments of INR 1,000,000 or more
between RBI regulated entities and markets through electronic payment systems.
2.3.3
Internet/mobile phone banking
Many banks offer internet banking services, which include access to account information as
well as funds transfers between accounts, bill payments and online securities trading. le
growing number of internet users and widening reach of internet services will have a
significant impact on the way credit transfers are carried out.
CPSS – Red Book – 2011
173
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Broader usage of mobile phones has encouraged banks and non-banks to develop new
payment services for their customers, usually in cooperation with mobile service providers.
Although other countries have adopted mobile phone-based technologies as a way of
delivering access to financial services to a broader segment of the population, India has
opted for a bank-led model.
The rapid growth in mobile phone banking prompted the RBI to issue a set of operating
guidelines for banks in October 2008. For this purpose, “mobile banking transactions” are
defined as banking transactions initiated by bank customers using their mobile phones that
involve credits or debits to their accounts. The guidelines were relaxed in December 2009 to
allow mobile banking transactions up to INR 50,000, both for e-commerce and money
transfers. Banks are also permitted to provide money transfer facilities of up to INR 5,000
from a bank account to beneficiaries without bank accounts. In such cases, cash can be paid
out at an ATM or a banking correspondent. By value, funds tranfers account for a much
larger share of mobile phone transactions than payments for goods or services. By volume,
the reverse holds true. Final settlement of mobile banking transactions is made in central
banking money.
2.3.4
Remittance services
The flow of inward remittances into the country has increased with the number of people
migrating abroad for work. Such remittances are regulated by the RBI.29 Remittances are
received mainly through banks. In order to facilitate the faster receipt of funds by residents,
the RBI permits money transfer agents to handle inward transfers, but not transfers out of the
country.30 Inward cross-border remittance services are offered by various money transfer
agents and post offices. Agents must be authorised under the PSS Act to provide these
services to Indian recipients.
2.3.5
Role of intermediaries
Electronic and online payment channels, which are increasingly popular for bill payments or
online shopping, generally involve the use of intermediaries such as aggregators and
payment gateway service providers. Platforms for such payments are also provided by
electronic commerce and mobile commerce (e-commerce and m-commerce) service
providers. The RBI has issued guidelines that safeguard the interests of customers and seek
31
to ensure that their payments are duly accounted for by intermediaries, so that transactions
are completed in a safe and orderly way. The RBI stipulates that all accounts opened and
maintained by banks for facilitating collection of payments by intermediaries from customers
of merchants are to be treated as internal accounts of the banks.
The permitted credits/debits in these accounts are set out below:
1.
Crédits
(une)
Payments from individuals towards purchase of goods/services.
29
All providers of cross-border inward remittance services must be authorised by the RBI under the PSS Act.
30
Under the Money Transfer Service Scheme (MTSS) guidelines, only personal remittances from abroad to
beneficiaries in India and remittances to foreign tourists visiting India are permissible. The system is based on
tie-ups between money transfer companies abroad and agents in India who pay out the remittances to the
beneficiaries at current exchange rates. Outward remittances can be sent only through banks under the
Foreign Exchange Management Act, 1999. As the INR is legal tender in Nepal, money transfers to Nepal are
treated differently to other outward remittances (see also Section 1.3.4).
31
Agents who deliver goods and services (such as travel or movie tickets) immediately on payment by the
customer are not defined as “intermediaries” for this purpose.
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2
(b)
Transfers from other banks as per agreement into the account, if this account
is the nodal bank account for the intermediary.
(c)
Transfers representing refunds for failed/disputed transactions.
Debits
(ré)
Payments to merchants/service providers.
(e)
Transfers to other banks as per agreement into the account, if that account is
the nodal bank account for the intermediary.
(f)
Transfers representing refunds for failed/disputed transactions.
(g)
Commissions to intermediaries. These amounts shall be at pre-determined
rates/frequency.
3
Payment systems (funds transfer systems)
3.1
General overview
The settlement of both large-value and retail interbank payments in India was predominantly
cheque-based32 until RTGS was implemented in March 2004 and the subsequent issuance
of instructions on the mandatory use of electronic payments for transactions between RBIregulated entities and markets in March 2008. Since the introduction of the RTGS system,
operated by the RBI, large-value and interbank transactions have progressively migrated to
the RTGS system. The funds leg for settlement of securities, foreign exchange and CBLO
transactions is also settled in the RTGS system. The separate high-value clearing for
cheques of INR 100,000 and above, with same-day clearing and settlement, has also been
discontinued since March 2010.33
The cheque-based clearing system continues to occupy a significant position, due to its
volume, widespread usage and geographical coverage. There are 1,139 cheque clearing
houses (as of March 2010) that clear and settle various types of paper-based instruments
such as cheques, demand drafts, payment orders, interest and dividend warrants etc. In 66
of these clearing houses, cheque processing centres (CPCs) use MICR technology.
Seventeen of these clearing houses are managed by the RBI, which provides settlement
services for them through its banking department. In other places, the clearing house is
managed by the State Bank of India (the country’s largest public sector bank) and other
public sector banks. These banks also perform the settlement bank function in these centres
(a centre is within the jurisdiction of the clearing house).
The settlement of foreign exchange transactions has undergone significant changes,
evolving from the direct settlement of transactions on a gross basis between trading
members to multilateral net settlement with a guarantee from CCIL, a CCP. The INR leg of
the trade is settled in the RTGS system. In addition, CCIL has introduced FX-CLEAR, a forex
trading system which offers both order-matching and negotiation modes for dealing.
32
A separate interbank clearing and settlement where banker’s cheques were exchanged was introduced in
1989 as a risk mitigation measure for the cheque-based system; clearing and settlement was completed within
30 minutes in the accounts of the Reserve Bank.
33
Transactions have migrated to electronic channels (RTGS/NEFT) or, if cheque–based, they are processed in
the normal MICR clearing.
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3.2
Real-time gross settlement system
The RTGS system, in operation since March 2004, is a large-value funds transfer system in
which financial intermediaries can make payments for their own account as well as for their
customers. The system offers final settlement of funds transfers on a continuous,
transaction-by-transaction basis throughout the processing day. The process flow of the
RTGS system is shown below.
Banque
UNE
Banque
B
Participant interface
Net
règlement
interface
Participant interface
Central
processeur
(IFTP)
RBI
command and
contrôle
Settlement
account base
SSS
interface
Reserve Bank of India
3.2.1
Operating rules
RTGS operations are governed by the RTGS (Membership) Regulations, 2004, and the
RTGS (Membership) Business Operating Guidelines, 2004. These were previously
contractual in nature but are now notified under the Payment and Settlement Systems
Regulations, 2008. The regulations provide for the oversight of the RTGS system, a standing
committee for the management of the system, an admission procedure for members etc. The
RTGS guidelines detail business operations, including the use of settlement accounts and
funding accounts, transaction types, communication, message formats, settlement of
transactions, intraday liquidity facility, queue management and gridlock resolution.
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3.2.2
Participants
Membership is open to banks, primary dealers (market-makers in the government securities
market) and any other institution at the discretion of the RBI.34 The criteria for membership
include membership of INFINET, membership in the NDS/SSS and maintenance of
settlement accounts with the RBI in Mumbai. The RBI may provide membership of the RTGS
system to clearing houses or agencies even if they do not fulfil the above criteria.
Members are classified into different categories, based on certain criteria. The RBI and the
commercial banks belong to category A, primary dealers to category B. Members of
categories A and B are direct members of the system. Clearing houses and clearing
agencies (including CCIL) are category D membership. (There is no category
C membership).
3.2.3
RTGS transaction types
Members of categories A and B can submit their own interbank transactions, but only
category A members can submit transactions on behalf of their customers. Transactions
emanating from the SSS, settlements of the INR leg of foreign exchange transactions, and
multilateral net settlements of cheque-based clearings, the ECS in Mumbai, the NEFT
system and NECS are also processed in the RTGS system, in addition to transactions
submitted directly by the RBI for its monetary policy operations. Category D members are
allowed to submit only net settlement batches to the RTGS system.
3.2.4
Settlement procedure and liquidity support
To settle transactions submitted to the RTGS system, members must maintain an RTGS
settlement account with the RBI in Mumbai. This account has to be funded at the beginning
of each RTGS processing day from the member’s current account with the RBI, and at the
end of the day the balance in the settlement account is transferred back to that current
account. Since banks maintain current accounts with different offices of the RBI, they are
allowed to transfer funds during the RTGS day between these current accounts and the
RTGS settlement account. For this purpose, there is an interface between the RTGS system
and the Integrated Accounting System (IAS) of the RBI. The IAS is the accounting system of
the RBI (members’ current accounts are in IAS). The banks use the option available in their
Participant Interface (PI) (to transfer funds from one account to another in Mumbai) or use
the centralised funds management system (CFMS) if the transfer is between accounts from
one office of the RBI to another.
Transactions which have passed all validity checks are taken up for settlement on a FIFO
with priority basis. All such transactions based on available balances in the settlement
account are duly settled by debiting the account of the sending bank and crediting the
account of the receiving bank. Settlement finality on a gross basis in real time is achieved
when this process is complete.
Members can obtain intraday liquidity (IDL) from the RBI (fully collateralised by Indian
government securities held by the members in their IDL-SGL account) free of interest to
augment their available liquidity in the RTGS system. IDL must be returned by the end of the
RTGS day. Failure to do so is subject to a penalty interest charge on outstanding balances.
34
Foreign banks operating in India with a branch are RTGS members.
CPSS – Red Book – 2011
177
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3.2.5
Transaction processing environment
The RTGS system operated and managed by the RBI uses a Y-shaped message flow
structure. Members connect to the system through INFINET and use the participant interface
(PI) to communicate with the interbank funds transfer processor (IFTP), which validates all
communications. When a transaction is successfully completed and this is confirmed by the
RTGS system, the IFTP forwards the credit information to the beneficiary member’s PI. Tout
communications between the PI and the IFTP are encrypted and use digital signatures
(under public key infrastructure).
3.2.6
The RTGS system process flow
The RTGS business day starts at 09:00. Customer and interbank transactions can take place
from the start of day to 16:30 and 18:00 respectively on weekdays and to 13:30 and 15:00
respectively on Saturdays. The IDL facility is available during these business hours.
A payment instruction is sent by a member through its PI, and is validated and acknowledged
by the IFTP. It is then forwarded by the IFTP to the RTGS, which maintains the settlement
accounts of the participants where the funds transfer actually takes place. In the RTGS, the
availability of funds in the settlement account is checked, the funds are transferred
(settlement takes place) provided balances are sufficient, and a message is sent to the IFTP
for onward transmission to the beneficiary bank.
If sufficient funds are not available in the settlement account of the paying bank, the payment
instruction is put in a queue that is processed on a first in, first out (FIFO) basis. Paiement
instructions can be assigned a priority by members (who can change these priorities until
settlement). Instructions with a higher priority are processed first, while FIFO is applied to
payment instructions with the same priority.
When a payment instruction is found pending in the queue, a message is sent to the SSS
asking for the availability of eligible securities in the member’s IDL-SGL account, for
triggering IDL. If securities are available, the SSS uses them as collateral and a confirmation
is sent to the RTGS system, where the necessary funds are made available and the payment
is processed. When securities are not available, the SSS sends a message to the RTGS
system and the payment instruction is put back into the queue.
At pre-scheduled intervals, the IDL reversal is activated to check for outstanding IDL utilised
by members. If sufficient balances are available in a member’s settlement account, the funds
are utilised to reverse the IDL and a message is sent to the SSS to release the securities
held as collateral into the member’s IDL-SGL account. These securities then become
available for other uses. Half an hour before the close of the RTGS business day, new IDL
provision to members stops and members must return all outstanding IDL by the end of the
day.
3.2.7
Credit and liquidity risk
Settlement of transactions in RTGS on a gross basis eliminates credit risk. Liquidity risk is
mitigated by the provision of IDL, which facilitates smooth settlement of transactions in the
système. Now that the RTGS system is operational, the priority is to integrate other payment
systems through the RTGS to mitigate the credit and liquidity risks present in those systems,
as well as to promote efficient liquidity management by the participants. À cette fin,
interfaces have been built with the securities settlement system and the foreign exchange
transactions settlement mechanism. The settlement of these transactions now takes place in
the RTGS system, as does the settlement for CBLOs. The settlement of the clearing
operations at Mumbai for cheque-based (MICR clearing) and electronic clearing (ECS in
Mumbai, NECS and NEFT) is settled in RTGS as a multilateral net settlement batch (MNSB).
In addition to providing an interface to the RTGS system for various payment and settlement
systems in the country, the integration of the RTGS system with the RBI’s internal accounting
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CPSS – Red Book – 2011
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system (IAS) facilitates the movement of funds between the RTGS settlement accounts of
members and their current accounts held with the RBI using straight through processing
(STP).
3.2.8
Prix
The system’s development cost was borne by the RBI. The RBI levies no charge for
transaction processing or IDL usage; the RTGS regulations do, however, provide for such
charges.
3.2.9
Statistiques
Since the RTGS system started operations, the volume and value of transactions have
increased from 0.5 million transactions with a value of INR 40,661.8 billion in 2004–05 to
33.4 million transactions with a value of INR 394,533.6 billion in 2009–10. Un total de
119 banks through more than 68,000 branches provide access to the RTGS service. le
rising trend of RTGS utilisation is shown in the graph below.
Growt h in RTGS
35.0
450000
30.0
400000
350000
25,0
300000
20.0
250000
15.0
200000
150000
10.0
100000
5.0
50000
0
0.0
2004-05 2005-06 2006-07 2007-08 2008-09 2009-10
Année
Volume
3.3
Valeur
Exchange and settlement system for foreign exchange transactions
Prior to the establishment of CCIL, transactions in foreign exchange markets were settled
bilaterally by trading members through their correspondent banking arrangements. le
introduction of the guaranteed settlement facility for USD-INR trades through novation by
CCIL with itself as the CCP in 2002 has substantially increased the efficiency of the clearing
and settlement of such trades. Foreign exchange transactions that are not settled through
CCIL still make use of corresponding banking arrangements.
3.3.1
Ownership, governance and regulatory status of CCIL
The ownership structure of CCIL is presented in Section 1.3.2. It acts as a CCP in the
settlement of trades in the government securities and foreign exchange markets.
Governance is through CCIL’s by-laws, regulations and rules. For foreign exchange
transactions, the members must adhere to the directives and guidelines issued by the RBI.
The Foreign Exchange Dealers Association of India (FEDAI), a self-regulatory organisation,
facilitates the framing of market practices and ethics.
CPSS – Red Book – 2011
179
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The RBI, as the regulator of government securities, foreign exchange and money markets,
regulates the clearing and settlement of these instruments by CCIL. Since CCIL provides
guaranteed settlement to participants in these markets, the respective regulatory
departments within the RBI are in close touch with CCIL concerning its policies and
procédures. CCIL also reports all exceptional activities to the RBI.
3.3.2
Participants
CCIL admits participants in the foreign exchange market as members to its foreign exchange
segment after ensuring that they fulfil certain admission criteria.
To be eligible, an applicant must:

be an RBI authorised foreign exchange dealer;

have a current account with the RBI for settlement of transactions in Indian rupees;
et

have adequate risk management systems in place and employ qualified personnel
(for CCIL’s risk management see Section 3.3.7).
As of March 2010, there were 75 members in the foreign exchange segment.
3.3.3
Transactions handled
CCIL started operations in the foreign exchange segment in November 2002, providing
guaranteed settlement for spot35 and forward INR/USD transactions, by novation to itself as
the CCP. This facility was extended to cash and tomorrow-next transactions in February
2004. Since then CCIL’s transaction volumes have grown to 1.4 million trades in March
2010, representing a total transaction value of more than INR 387,395.8 billion (on a gross
basis without netting).
Foreign Exchange Transact ions
1.0
180000
0,9
160000
0.8
140000
0,7
120000
0.6
100000
0.5
80000
0.4
60000
0.3
0,2
40000
0,1
20000
0
0.0
2004-05 2005-06 2006-07 2007-08 2008-09 2009-10
Année
Volume
35
Valeur
(i) Cash trades: trades where the value date for settlement is the same as the trade date; (ii) tomorrow-next
trades: trades where the value date for settlement is the next business day from the trade date; (iii) spot
trades: trades where the value date for settlement is the second business day from the trade date;
(iv) forward trades: trades where the value date for the settlement falls beyond the spot date.
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3.3.4
System operating procedure
CCIL receives trade information through the web-based reporting facility it provides to its
members. CCIL has also developed the FX-CLEAR trading platform for its members. Quand
this is used, the trade information is automatically routed to CCIL. Trades reported before the
cut-off time (11:30 on T–1 for spot and forward deals, 11:30 on T for cash and tomorrow-next
transactions) are matched by CCIL. Unmatched trades are rejected. CCIL verifies the
exposures resulting from matched trades vis-à-vis the members’ exposure limits (ELs).
Members can include trades exceeding ELs under CCIL’s guaranteed settlement facility,
provided such exposures are fully pre-funded within the designated time. If they are not prefunded, these trades are excluded from further processing and need to be bilaterally settled
by the members outside the CCIL settlement system.
3.3.5
Clearing of trades and settlement obligations
Forward deals are guaranteed for settlement from day T–2, while cash, tomorrow-next and
spot deals are guaranteed from the time they are accepted for settlement. CCIL becomes the
CCP to every accepted trade by novation. Transactions are processed in batches throughout
the day.
Settlement obligations are calculated separately for each currency, ie USD and INR.
Members are advised of their final settlement obligations so that they can make
arrangements for funds in each currency.
3.3.6
Settlement procedure
Settlement is not on a PVP basis and is therefore exposed to settlement risk as the INR
settlement takes place before the USD settlement. The risk is managed by setting position
limits for the members. CCIL collects margins from members to cover market risk exposures
for those positions and also for covering credit risk exposures based on a credit scoring
model. A loss allocation process, based on notional bilateral net exposures, covers any
residual risk.
The settlement of INR obligations takes place in members’ accounts with the RBI. The net
obligations of members are electronically advised to the RBI in a batch mode and are settled
in the RTGS system at the RBI. The amounts to be paid in are first debited from members’
current accounts and transferred to the account of CCIL, and the funds are then paid out
from CCIL’s account to the accounts of the receiving members. To meet any shortfall, CCIL
has a rupee line of credit (RLOC) from four banks that hold accounts with the RBI. In case of
a funds shortage by members with a net payment obligation, the RLOC is invoked by the RBI
(as per CCIL’s standing instructions) to complete the settlement. CCIL then withholds the
USD payout to the members concerned until they have fulfilled their INR obligations.
The settlement details of the USD leg are sent to CCIL’s correspondent bank in New York,
through which the USD pay-ins to CCIL’s nostro account take place. CCIL also offers a direct
debit facility (using a SWIFT MT 300 message) for the USD leg in order to further reduce
members’ transaction costs. After the members with USD net payment obligation complete
their pay-ins, the payouts to members with a USD net credit position take place from CCIL’s
nostro account. In case of a pay-in default by any member, a USD line of credit with the
settlement bank (using the collateral of the settlement guarantee fund (SGF)) enables CCIL
to complete the settlement process. Since the USD leg is settled after completion of the INR
leg, in case of a USD default by a member, CCIL advises the RBI to debit the member’s
current account with an equivalent INR amount and to credit it to CCIL’s account. Ce
amount is withheld by CCIL until the member has fulfilled its USD obligations. If this does not
happen, the INR amount is sold to obtain USD and repay the line of credit. In addition to
recovering any additional costs incurred by CCIL, a penalty is levied on members that do not
fund their positions in due time.
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3.3.7
Trades reported
to CCIL by
contreparties
Trades matched
at CCIL, exposure
check carried out
Unmatched/
surexposé
deals rejected
Matched trades
accepted for
règlement
On settlement day
USD and INR
funds position
en filet
First – INR
funds settled at
RBI Mumbai
USD funds
short – INR
récupérer de
RBI account
INR funds short
– USD payment
retenu
USD funds settled
at settlement bank
at New York
Risk management
Risk management comprises the following measures: (i) a net debit cap for each member;
(ii) a member-specific margin factor and collection of margins by way of contribution to the
Settlement Guarantee Fund (SGF) in the form of USD/INR funds, cash, securities etc;
(iii) member-specific exposure limit based on the balances in the SGF and the margin factor
and (iv) a loss allocation mechanism.
The net debit cap (NDC) for each member represents the maximum potential exposure for
CCIL for a given settlement date, arising out of the member’s failure to honour its
commitment. Net debit cap limits for USD/INR trades are denominated in USD. CCIL sets the
NDC according to ratings assigned to members on the basis of financial criteria such as net
worth and asset quality. NDCs are periodically reviewed and adjusted.
CCIL also sets a margin factor for each member, based on: (i) a credit factor that reflects the
ratings assigned to members based on financial criteria such as net worth and asset quality,
and (ii) a volatility factor based on value-at-risk for USD/INR exchange rates over a three-day
period.
CCIL also requires margins to be posted for trades settled through it. These comprise (i) a
mark to market margin against adverse price movements or against trades accepted at
off-market prices; (ii) a volatility margin against sudden increases in market volatility, which is
applicable to outstanding trades or a member’s securities contribution to the SGF.
CCIL also computes and sets an exposure limit for each member based on its SGF balance
and margin factor. The exposure limit is the maximum net amount in USD payable by the
member, on a given settlement date, for which a member can settle its trades through CCIL.
The maximum exposure limit is the net debit cap.
The loss allocation mechanism consists in appropriating the SGF contribution of the
defaulting member prior to apportionment of settlement loss as part of the loss allocation
procedure. If CCIL is unable to make good the loss through the member’s SGF contribution,
the shortfall is allocated to the members who were due to receive payment from the
defaulting member(s) in proportion to their individual net exposure in the currency of default.
Any amounts subsequently recovered from the defaulting member are apportioned among
the members who contributed to making good the shortfall.
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If more than one member defaults, any shortfall that is allocated among the other members
excludes all the trades done by the defaulting members with each other.
The system has a high netting ratio – up to about 98%. As a result, the residual risk exposure
of the settlement system to a participant does not normally exceed 2% to 3% of the
transaction value.
3.3.8
Cross-currency CLS-eligible trades
CCIL does not offer CCP clearing for CLS-eligible36 cross-currency trades. Foreign exchange
cross-currency trades in CLS-eligible currencies of the authorised dealers are settled by
CCIL under an arrangement with its settlement bank, Royal Bank of Scotland (RBS). CCIL
uses the third-party services of RBS, and extends services to the participating banks (fourth
parties) as a settlement aggregator.
Trade settlement: CCIL arranges settlement of these trades at a netted level through its accounts
with its settlement bank, which in turn settles these trades in the CLS settlement system.
As a third party of a CLS Bank settlement member (RBS), CCIL must meet the settlement
obligations of the fourth-party settlement participants settling through it, if the trades are not
rescinded before a cut-off time. It therefore collects margins from the settlement participants
to cover any exposures arising out of a default by a settlement participant or out of an early
payout. Margins are based on potential future exposures on trade positions to be settled. To
control the exposure, settlement date-wise limits are set. If required, early payout of
receivables are allowed against full collateral cover.
In case of a default, the defaulting member must make good the shortfall by a set time on the
next day. Margins are kept blocked until then and are appropriated if the defaulting member
fails to make good the shortfall before the deadline. Any remaining shortfall is met by the
CCIL’s Settlement Reserve Fund.
3.4
Retail payment systems
Retail payment systems in India include both paper-based and electronic (NEFT and
ECS/NECS/RECS) funds transfer systems. Cards are another popular option for retail payments.
3.4.1
Card-based systems
The settlement of transactions with American Express, Visa and MasterCard cards (for credit
cards, debit cards and pre-paid cards) takes place in commercial bank money at the
respective settlement banks.37
The RBI regulates the banks issuing the cards. Under the Payment and Settlement Systems
Act, payment card systems are also subject to regulation by the RBI. Any new initiatives
concerning the card system must be vetted by the RBI before implementation.
Card-based payments now account for a substantial share (56% in terms of volume and 13%
in terms of value) of electronic retail payment transactions. Initially, debit cards were mainly
single-purpose cards (for instance petrol cards or virtual calling cards issued by the telecom
36
CLS (Continous Linked Settlement) is an international payment system that settles foreign exchange
transactions in 17 currencies eliminating settlement risk by means of a PVP mechanism. For details of CLS,
please see the corresponding chapter in the forthcoming second volume of this publication.
37
Bank of America for Visa and Bank of India for MasterCard.
CPSS – Red Book – 2011
183
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service provider MTNL) and did not involve interbank settlement. Now co-branding is gaining
ground.38
With the increased usage of credit/debit cards in the country on internet/mobile/interactive
voice response (IVR), an additional level of authentication has been mandated by the RBI.
This additional authentication/validation will be based on information not visible on the cards
for all online “card not present” transactions. Also a system of online alerts39 to the
cardholder for all “card not present” transactions has been mandated.
3.4.2
Cheque clearing system
Payment by cheque is the most popular mode of non-cash payment.
The cheque clearing system was automated with the introduction of MICR technology,
initially in the four large cities40 and subsequently in 62 other cities. With MICR, cheques can
be sorted and listed at a centralised location using automated processors, which increases
the speed and efficiency of cheque processing. Most of these MICR centres have been set
up in the last few years.
More than 83% of the total volume and value of cheques are cleared at MICR processing
centres. At these MICR cheque processing centres, banks are required to present to the
clearing house before the end of banking hours all the cheques received at their counters or
drop boxes for same-day processing. These cheques are processed overnight and reach the
paying bank the next morning. The paying bank then accepts the cheque for payment if it is
valid and the account of the payer has sufficient funds (value date of clearing or payment);
otherwise, it is returned.
Settlement on the accounts of the paying and presenting banks with the settlement bank
takes place on the same day. Cheque transactions are settled locally in the current accounts
that participants in the system maintain with the bank managing the clearing house. At the
17 centres where the RBI manages the clearing house, settlement takes place in central
bank money in participants’ accounts with the RBI. However, the presenting banks are only
allowed to utilise the funds obtained after the return clearing (the clearing of returned
cheques), which also takes place the same day. Also the presenting banks are normally
expected not to permit the presenters of the cheques (the beneficiaries) to use the proceeds
until the return clearing is complete.
Clearing house membership includes post office savings banks. In centres with more than
one post office savings bank, membership is given to the general or head post office of that
centre. The other post office savings banks then present their instruments for clearing
through the one designated for this purpose by the general or head post office.
To reduce the clearing time for inter-city cheques, “Speed Clearing”, a new method of
clearing inter-city cheques drawn on bank’s “core banking branches”41 was introduced in
June 2008. This is part of the main MICR clearing, in which cheques drawn on core banking
branches will be cleared locally irrespective of the branch’s location.
High-value clearing was previously used to clear and settle large-value paper-based
payments in major cities. Given the significant risks in paper-based clearing systems,
38
General purpose debit cards are linked to bank accounts. These cards can be used at any POS or ATM.
Because ATM/POS infrastructure in India is interoperable, interbank settlement is involved as the merchant
and the card holder may hold accounts with different banks.
39
The customer is sent an SMS message detailing any such transactions.
40
The four large cities are Chennai, Kolkata, Mumbai and New Delhi.
41
The branches of banks that are computerised and connected.
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especially for large-value instruments, this clearing was discontinued at all centres in March
2010.
3.4.3
Electronic Clearing Service (ECS)
The ECS system is available in 88 cities. Membership in the ECS is automatically extended
to all members of the cheque clearing systems, provided ECS is available in that centre. Comme
in the case of cheques, ECS transactions are settled locally in the current accounts
maintained with the bank managing the clearing house. The two ECS sub-systems are
governed by the Clearing House Regulations and Rules and the Procedural Guidelines for
each of the systems. These are enforced by way of contracts between the participating
banks and the bank managing the clearing house. Settlement takes place locally in the
accounts maintained with the settlement bank. NECS was implemented to fill in the coverage
gaps left by ECS; the system covers the whole of India, exploiting the IT infrastructure of
member banks.
ECS Credit
ECS Credit is used for the payment of salaries, pensions, dividends, interest etc. Payers submit
credit instructions through their banks (sponsor banks). On the settlement date, the account of
each sponsor bank is debited and the accounts of beneficiary banks are credited. Crédit
instructions are sent to the beneficiary banks in advance so that instructions can be returned if,
for any reason, the beneficiary bank is unable to credit the recipient customer’s account.
Settlement for ECS is on T+1 basis. The entity making the payment submits the payment
instruction through its sponsor bank. On day T the instructions are processed at the clearing
house and passed on to the beneficiary bank. If the beneficiary bank cannot credit the
customer for any reason, the instructions must be returned. A separate return clearing is held
and final settlement is completed on T+1. Settlement takes place in the books of accounts of
the settlement bank.
The volume of ECS transactions increased from 88.4 million during the year to March 2009
to 98.1 million transactions during the year to March 2010, and from INR 974.9 billion to
INR 1,176.1 billion respectively in terms of value.
National Electronic Clearing Service (NECS)
NECS was implemented in September 2008 to fill the gaps in ECS coverage. NECS (Credit)
facilitates multiple credits to beneficiary accounts in destination branches across the country,
against a single debit of the account of a user at the sponsor bank. The system covers the
whole country, making use of the core banking solutions (CBS) of member banks. Ce
enables all CBS bank branches to participate in the system, irrespective of their location.
In the new set-up, users prepare a single consolidated NECS file and submit it to the central
clearing house in Mumbai through their sponsor banks. The files can be uploaded by
sponsor banks until the cut-off time one day prior to the settlement day, thus reducing
processing time. Settlement is postponed to the next working day for files uploaded after the
cut-off time. Returns are also processed on the settlement day itself and thus on the third day
users know the status of their transactions.
ECS Debit
This system is used for multiple debits culminating in a single credit. A utility company gives
the debit instructions (based on mandates given by its customers) to the sponsor bank,
which in turn presents them to the clearing house for further processing. On the settlement
date, the customers’ accounts are debited and the sponsor banks’ accounts are credited.
The clearing and settlement procedure is the same as in ECS (Credit).
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ECS Debit transactions declined from 160.0 million transactions during the year to March
2009 to 149.3 million transactions during the year to March 2010. However, the value
increased from INR 669.8 billion to INR 695.2 billion during this period.
3.4.4
Electronic Funds Transfer system
The Electronic Funds Transfer (EFT) system implemented in the mid 1990s and the National
EFT (NEFT) implemented in November 2005 are deferred net settlement (DNS) systems that
process credit transfers. With the implementation of NEFT, the EFT system has been
discontinued. In the NEFT system, settlement takes place at regular intervals during the day,
with 11 hourly settlements on weekdays and five on Saturdays. Final settlement of NEFT
batches occurs in the RTGS system.
NEFT
The NEFT system uses the Structured Financial Messaging Solution (SFMS) for EFT
message creation and transmission from a branch to the bank’s gateway and to the NEFT
centre, using the tools available from the SFMS. By using PKI, NEFT considerably enhances
the security of funds transfer operations. NEFT is available across the country and is not
centre-specific. Bank branches that are computerised and capable of handling electronic
transactions are linked to NEFT.
Participants must be banks and members of the RTGS system; they must have SFMS
installed; and they must comply with other conditions prescribed by the RBI. All or any of
these conditions may be relaxed or waived at the RBI’s discretion.
The volume of transactions has increased from 32.2 million during the year to March 2009 to
66.3 million during the year to 2010, and from INR 2,519.6 billion to INR 4,095.1 billion
respectively in value terms.
3.4.5
Ongoing and future projects
3.4.5.1 Cheque truncation
The Cheque Truncation System (CTS) was implemented as a pilot project in the National
Capital Region (Delhi) in February 2008 with a view to increasing the efficiency of paperbased processing. With the CTS, paper instruments will no longer need to be physically
presented to the clearing house. Banks can decide whether to truncate the cheque at the
branch level, the central level (service branch) or the gateway (overall bank) level. Clearing
and settlement cycles are the same as for MICR clearing: ie T+1, with the exception of the
processing cycles and the return clearing cycle, which are advanced by 4–5 hours). le
scope for straight through processing and automated payment processing reduces costs, as
well as the incidence of reconciliation problems and clearing fraud. Banks can also offer new
products and services based on the CTS. The roll-out of the project to other centres (starting
with Chennai) is under way.
3.4.5.2 Centralised Funds Management System (CFMS)
The CFMS consists of two components: the Centralised Funds Enquiry System (CFES) and
the Centralised Funds Transfer System (CFTS). The CFES enables RBI account holders to
view their balance and transaction details at any time. The CFTS enables banks with current
accounts with different offices of the RBI to transfer funds from their own account in one RBI
office to their own account in another. All 17 RBI offices have introduced the system.
Seventy-six banks use the system to make funds transfers. The system has helped treasury
managers centralise and improve their cash management; they can now electronically move
funds from surplus centres to deficit centres.
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4
Systems for post-trade processing clearing and securities
règlement
4.1
General overview
The regulatory framework for the securities market, assigned to the RBI under the RBI Act is
described in Section 1.1.2. The issue, servicing and repayment of government securities by
the RBI is governed by the Government Securities Act, 2006 and the Government Securities
Regulations, 2007. The OTC trades of government securities reported over the NDS are
accepted for clearing by CCIL. The NDS–OM (NDS-GILTS-Order Matching) is an
anonymous electronic order-matching trade system that matches all orders by strict
price/time or yield/time priority. Members also have the option of using the Clearcorp Repo
Order Matching System (CROMS) an anonymous order matching platform launched by
Clearcorp Dealing Systems (India) Ltd, a wholly owned subsidiary of CCIL. The executed
trades then flow to CCIL which acts as the CCP for government securities trades. Le final
settlement of securities takes place in the Public Debt Office (CSD) of the RBI.
SEBI regulates the securities market through powers conferred to it by the Securities and
Exchange Board of India Act, 1992 and the Securities Contract Regulations Act, 1956
(SCRA) and through powers delegated to it by the central government under the SCRA. le
BSE and NSE, the two major stock exchanges, account for the vast majority of equity
transactions in the country. Both the BSE and NSE have their own trading platforms.
The BSE’s electronic trading platform for equities is known as BOLT, for BSE On-line
Trading. BOI Shareholding Limited (BOISL) is the BSE’s clearing house, clearing and settling
funds and securities on its behalf. The Indian Clearing Corporation Limited (ICCL) also
functions as a clearing corporation for the BSE. At present, it undertakes clearing and
settlement for the BSE’s mutual funds and corporate debt segments.
The NSE’s electronic trading platform is known as the National Exchange for Automated
Trading (NEAT). National Securities Clearing Corporation Ltd. (NSCCL) is the clearing
corporation for NSE and carries out the clearing and settlement of trades executed in the
equities and derivatives segments of the NSE.
BOISL and NSCCL effect the securities pay-ins and payouts through two depositories,42 the
National Securities Depository Ltd (NSDL) and Central Depository Services Ltd (CDSL).
Funds settlement takes place in designated settlement banks. In the case of corporate
bonds, ICCL and NSCCL effect the funds settlement in the RTGS and the securities
settlement in the two depositories.
42
NSDL is promoted by NSE and CDSL is promoted by BSE, with major banks as the shareholders in both the
depositories.
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Classification
Different asset classes
Different trading platforms corresponding to the various asset
Des classes
Clearing done by clearing corporations of the stock exchange
and securities settlement done by securities depositories
Funds settlement in commercial bank money
Different markets
Clearing, settlement at the central bank (RBI)
Clearing, settlement at CCIL
USD settlement through CCIL’s correspondent bank in New York
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188
Details of trading, post-trade clearing and settlement
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4.2
Post-trade processing systems
4.2.1
Government securities
4.2.1.1 Institutional framework
The NDS and NDS-OM are owned by the RBI, with NDS being operated by the RBI.
NDS-OM is operated by CCIL under a specific agreement with RBI. The OTC trades
reported over the NDS are accepted for clearing by CCIL which acts as the CCP for
government securities trades that are finally settled in the SSS. NDS-OM is an anonymous
order-driven system. Trades executed on NDS-OM flow directly to CCIL which becomes the
CCP to each trade done on the system. The system is overseen by the RBI.
4.2.1.2 Participation
The system has 162 participants, comprising banks, primary dealers and other financial
institutions. CCIL and RBI are also participants. Participants must be members of INFINET
and be eligible to open an SGL and/or CSGL account with the RBI for securities settlement.
4.2.1.3 Transactions handled
On the NDS platform, market participants can trade and report outright and repo transactions
in government securities and treasury bills, as well as dated securities issued by state
governments. Market participants who are allowed to open gilt custodian accounts for their
customers are also allowed to put through the deals of these customers.
4.2.1.4 System operating procedures
The system operates from 09:00 to 17:00 on weekdays for outright and repo trades and on
Saturdays from 09:00 to 14:00 exclusively for repo transactions in government securities. Tout
outright transactions in government securities have a standard (T+1) settlement cycle. Pour
repo transactions, settlement can be on either a T+0 or T+1 basis.
4.2.1.5 Pricing
CCIL has prescribed transaction charges for trades in government securities (see
Section 4.3.1.7).
4.2.2
Collateralised Borrowing and Lending Obligation (CBLO)
4.2.2.1 Institutional framework
CCIL as a central counterparty offers a money market product approved by RBI known as
the Collateralised Borrowing and Lending Obligation (CBLO). The CBLO combines a
tradable repo and tripartite repo. Unlike a normal repo transaction, a CBLO is tradable. It is a
discounted instrument backed by gilts as collateral. Lenders of funds buy CBLOs. CBLO
balances are maintained in electronic book entry. CBLOs can be traded anonymously in the
market through a trading system known as the CBLO Dealing system.43
43
The CBLO Dealing system is made available by CCIL through its wholly owned subsidiary Clearcorp Dealing
Systems (India) Ltd (CDSIL). The Clearcorp Dealing Systems (India) Ltd (CDSIL) owns and manages various
trading solutions such as FX-CLEAR (a forex dealing system) and CROMS (Clearcorp Repo Order Matching
System; an anonymous order matching platform for dealing in market repos in government securities).
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4.2.2.2 Participation
Membership of the CBLO segment is granted to NDS members and non NDS members. le
entities eligible for CBLO membership are nationalised banks, private banks, foreign banks,
cooperative banks, financial institutions, insurance companies, mutual funds, primary
dealers, non-banking financial companies (NBFCs), corporates, provident/pension funds etc.
4.2.2.3 Transactions handled
CCIL offers guaranteed settlement of transactions in CBLOs, both at trade level and at
redemption level on maturity. The market is mostly concentrated in overnight CBLOs.
4.2.2.4 System operating procedures
CBLOs can be settled either on a T+0 basis or on a T+1 basis. System operating hours are
based on the settlement schedule and on whether the trades are settled directly with RBI or
with settlement banks. Where the trades are settled through settlement banks, the system
operating hours are shorter. For details of the system operating hours, see Section 4.3.2.4.
4.2.2.5 Pricing
CCIL has prescribed transaction charges for trades in CBLO (see Section. 4.3.2.7).
4.2.3
Interest rate swaps
A trade warehouse for the rupee-denominated interest rate swap market was set up in 2007
using the services of CCIL. All market-makers (ie banks and PDs) are required to report their
trades within 30 minutes to the trade warehouse where the trades are matched. Commerce
matching is not accepted as a trade confirmation. Market participants are required to
exchange physical confirmation for each trade. The trade warehouse offers full post-trade
processing for the trades in the warehouse. Settlement of daily obligations relating to these
trades is also offered by CCIL without any settlement guarantee. Funds settlement occurs in
the accounts of the participating institutions with RBI. A portfolio compression model
developed by CCIL has been launched.
4.2.4
Exchange-traded securities and derivatives
4.2.4.1 The National Stock Exchange (NSE)
4.2.4.1.1 Institutional framework
The NSE was set up in November 1992 as a for-profit company under the Companies Act,
1956, and is owned by shareholders, who are financial institutions. The NSE is a listed
entreprise. The NSE was recognised as a stock exchange by the SEBI in April 1993. The
NSE was the first stock exchange in the country to offer a nationwide order-driven, screenbased trading system.
National Securities Clearing Corporation Ltd (NSCCL), a wholly owned subsidiary of NSE,
was set up in August 1995. It was the first clearing corporation in the country to provide a
novation/settlement guarantee system in India. It started clearing operations in April 1996.
NSCCL clears and settles trades executed in the equities and derivatives segments of the
NSE. NSCCL has a panel of 13 clearing banks. Every clearing member is required to
maintain and operate clearing accounts with any of the clearing banks in the panel at the
designated clearing bank branches. The clearing corporation, NSCCL, is governed by the
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regulations for clearing corporations.44 Securities pay-in and payout is effected through the
two depositories NSDL and CDSL.
4.2.4.1.2 Participation
Membership of the NSE/NSCCL is open to corporate entities, individuals and partnerships
who fulfil the eligibility criteria laid down by SEBI and NSE. Trading/clearing members/clients
are governed by the respective regulations.45 All trading members in the cash market
segment are also clearing members of NSCCL. The custodian clearing members are also
members of the NSCCL panel that carries out clearing and settlement of transactions on
behalf of their clients.
4.2.4.1.3 Transactions handled
The trading system at NSE provides a fully automated, screen-based trading for equities and
derivatives products. It supports an anonymous order-driven market, which operates on a
strict price/time priority basis.
4.2.4.1.4 System operating procedures
The market operates from 09:00 to 15:30 five days a week.
In the cash market segment all trades executed on NSE are electronically transferred to
NSCCL after trading hours on the T day itself for clearing and settlement and are settled on a
T+2 basis.
In the derivatives segment, the open positions of clearing members (CMs) are arrived at by
aggregating the open positions of all trading members (TMs) and all other participants
clearing through CM, in the contracts which they have traded. The open position of a TM is
calculated by aggregating its proprietary open positions and those of clients for all traded
contracts. Proprietary positions are calculated on a net basis for each contract and clients’
positions are the sum of the net positions of each individual client. All transactions are cashsettled and there is no physical settlement.
4.2.4.1.5 Pricing
NSE has prescribed transaction charges for trades in various segments.
4.2.4.2 The Bombay Stock Exchange (BSE)
4.2.4.2.1 Institutional framework
The BSE is the oldest stock exchange in Asia. Established in 1875, it was the first stock
exchange in the country to be recognised under the Securities Contracts Regulation Act. Dans
August 2005, the exchange changed its legal status from an Association of Persons into a
corporate entity, with its name changing from “The Stock Exchange, Mumbai” to “Bombay
Stock Exchange”. Trading on the BSE in equity, debt and derivatives is entirely screenbased.
BOI Shareholding Limited (BOISL) is the BSE’s clearing house, clearing and settling funds
and securities on the BSE’s behalf. The Indian Clearing Corporation Limited (ICCL), a wholly
owned subsidiary of the BSE, functions as a clearing corporation for the BSE’s mutual funds
and corporate debt segments. The BSE has appointed certain banks as clearing banks
44
NSCCL’s operations are governed by the provisions of the Companies Act, SEBI Act, Securities Contract
Regulation Act, Depositories Act, Income Tax Act etc, and any rules, regulations notifications, circulars and
directives issued under this legislation.
45
NSCCL has defined rules, regulations and by-laws for its members, which govern the relation between the
Clearing Corporation and its members and deal with various operational issues.
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through which the funds pay-in and payout are effected. Participants (ie member brokers and
custodians) select one of these clearing banks through which to clear their funds obligations.
Securities pay-in and payout is effected through the two depositories, NSDL and CDSL.
4.2.4.2.2 Participation
Individuals, companies established under Companies Act, 1956, and financial institutions
that fulfil the eligibility criteria can become trading members of BSE.
4.2.4.2.3 Transactions handled
The BSE’s electronic trading platform for equity, debt and derivatives is BSE On-line Trading
(BOLT).
4.2.4.2.4 System operating procedures
The market operates from 09:00 to 15:30 five days a week.
All equity segment and fixed income securities listed on BSE are settled on a T+2 basis.
4.2.4.2.5 Pricing
BSE has prescribed transaction charges for trades in various segments.
4.2.4.3 BOI Shareholding Limited (BOISL)
The post-trade settlement system includes exchange, clearing corporation, clearing house,
member brokers, depositories and public and private sector clearing banks as participants.
The clearing and securities settlement in the equity cash segment takes place on a
T+2 basis.
4.2.4.3.1 Institutional framework
BOI Shareholding Ltd. (BOISL) was established in 1989 as a joint venture company by Bank
of India (BOI) and BSE. BOISL is an independent clearing house of the BSE. BOISL clears
and settles funds and securities on behalf of BSE.
4.2.4.3.2 Participation
Information on participation is provided in Section 4.2.4.2.2.
4.2.4.3.3 Types of transaction
BOISL is the clearing house for trades carried out on the BOLT platform in the equity, debt
market and derivative segments.
4.2.4.3.4 Operations of the system and settlement procedures
Trades executed on BOLT are netted at the BSE and a consolidated file is uploaded to
BOISL on T+1. The file contains details of the funds and securities obligations of each
clearing member for the respective settlement. For the fund settlement, the exchange
uploads a file with the net obligations of clearing members to BOISL on T+1. After processing
this file, BOISL uploads these files to the clearing banks where clearing members maintain
their designated settlement accounts, also on T+1. Clearing banks must confirm pay-in by
clearing members by 11:00 on T+2 to BOISL. At present, 16 banks act as clearing banks to
the exchange.
Members can effect pay-in of dematerialised securities to the clearing house through either
of the depositories, ie the NSDL or the CDSL. Members are required to give instructions to
their respective depository participants (DPs) with details of settlement number, effective
pay-in date, quantity etc.
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4.3
Central counterparties and clearing systems
Clearing Corporation of India Ltd. (CCIL): The role of CCIL as a CCP in the government
securities, CBLO and USD-INR segment is detailed in the following sections.
4.3.1
Government securities
CCIL46 acts as a central counterparty and guarantees settlement for government securities.
For this purpose, the members of NDS and NDS-OM must become members of the
government securities segment of CCIL. There is a direct interface between both systems, to
facilitate straight through processing of transactions.
4.3.1.1 Institutional framework
The institutional framework under which CCIL, the CCP, is governed is detailed in
Sections 1.3.2 and 4.2.1.1.
4.3.1.2 Participation
Information on participation in this segment can be found in Section 4.2.1.2.
4.3.1.3 Types of transaction
CCIL acts as CCP for secondary trades relating to government securities and provides a
guaranteed settlement on a DVP3 basis. Market participants can trade and report outright
and repo transactions in government securities and treasury bills, as well as dated securities
issued by state governments. Market participants who are allowed to open gilt custodian
accounts for their customers are also allowed to put through the deals of these customers.
4.3.1.4 Operations of the system and settlement procedures
For this purpose, NDS and NDS-OM members must become members of the government
securities segment of CCIL. There is a direct interface between NDS, NDS-OM, CROMS and
CCIL to facilitate straight through transaction processing. Trades that pass the exposure
check are accepted for guaranteed settlement and are novated. Consequently, CCIL
becomes the buyer to the seller of a trade and the seller to the buyer. CCIL then calculates
the net obligations of each member for funds and securities. Members are then advised of
their final obligations and the settlement details are sent to the RBI for further processing.
Securities and funds settlement take place on a DVP3 basis at the end of the day.
4.3.1.5 Risk management
Margin: When trades are accepted, CCIL collects margins to cover potential future
exposures. Mark to market margins are then collected on an intraday or end of the day basis,
to cover any loss in value of these trades. A volatility margin is also collected if high volatility
is seen in the market. Margins are collected in the form of cash and/or government
securities. Appropriate haircuts are applied on securities placed as margins and these are
revalued daily at the end of the day. When necessary, CCIL makes additional margin calls on
the members to ensure that it has enough collateral to provide the settlement guarantee.
Default procedure: As settlement is on a DVP basis, the first line of defence against a default
is to withhold the delivery of funds or securities. The defaulter is allowed to make good the
shortfall by a set time on the next day. If the defaulter fails to do so, the withheld funds or
securities are appropriated to meet the shortfall. The margin payments are then applied to
46
For institutional details please see the beginning of Section 4.2.1.1.
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meet any residual loss. If there is still a residual loss, the CCIL’s Settlement Reserve Fund is
used to meet it.
Liquidity risk: Liquidity risk is managed through lines of credit from commercial banks and
securities lines of credit from commercial banks and financial institutions.
4.3.1.6 Links to other systems
The clearing system of CCIL is linked to NDS, NDS-OM, and CROMS. CCIL is linked to the
RTGS system for settlement of funds and to the securities settlement system at RBI (CSD for
government securities) for securities settlement. These systems are also used for collateral
collection and margins.
4.3.1.7 Pricing
The transaction charges, penalty for margin shortfall, charges payable by the defaulting
member when the trade is settled by CCIL or when the trade is allocated to CCIL are
published on the website of CCIL.47
4.3.2
Collateralised Borrowing and Lending Obligations (CBLO)
4.3.2.1
Institutional framework
The institutional framework under which CCIL, the CCP, is governed is detailed in Sections 1.3.2
and 4.2.2.1.
4.3.2.2 Participation
The participation in this segment is detailed in Section 4.2.2.2.
4.3.2.3 Types of transaction
The types of transaction in this segment are detailed in Section 4.2.2.3.
4.3.2.4 Operations of the system and settlement procedures
CBLO dealing takes place in the auction market and the normal market. The auction market
is available only to NDS members with a settlement account at RBI for overnight borrowing
and settlement on T+0 basis. Access to the auction market is not available to associate
members. Based on the borrowing limits fixed by CCIL, members submit their borrowing
requests through the CBLO dealing system indicating the amount, maturity and the cap rate
before the start of the auction session. Members are permitted to borrow and lend funds on
overnight basis indicating the cap rate(s)48 which is linked to CCBOR.49
The CBLO normal market is available to both CBLO (NDS) members and associate
members. CBLO (NDS) members access the market via INFINET and associate members
access it via internet. Members deposit cash and/ or eligible securities prior to starting CBLO
dealing operations. Limits are made available to members based on the cash or eligible
securities deposited with CCIL for that purpose in the CBLO segment. CBLO members can
place borrowing or lending orders until the end of market hours for either T+0 settlement or
T+1 settlement.
47
http://www.ccilindia.com/.
48
A cap rate is the maximum rate which the borrower is willing to pay.
49
CCBOR stands for CCIL Collateralised Benchmark Offer Rate.
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Trades received from the CBLO dealing system are novated and netted for settlement. UNE
single obligation is generated for each member for each settlement date by netting trades
received for settlement on that business date with the redemption obligation for the same
rendez-vous amoureux. For members who are not eligible for a current account at RBI, the funds settlement
takes place at a designated settlement bank. The final interbank settlement obligations
(including the settlement bank obligations) are settled in central bank money at the RBI.
Securities of equivalent value are blocked for members against their borrowing limits.
CBLO credits in the form of book entry are given to those members who have lent funds after
the CBLO funds settlement is completed. The CBLO holdings are maintained with CCIL. le
CBLO leg is therefore settled in the books of CCIL. The settlements are carried out on a
DVP3 basis. A report gives details of securities encumbered in the CBLO segment.
4.3.2.5 Risk management
Margins: CCIL collects margins to cover potential future exposures on trades. Collateral in
the form of government securities is also collected from the sellers of CBLOs, who effectively
borrow funds from the buyers of the CBLOs. Appropriate haircuts are applied on securities
placed as collateral for margin purposes and these are revalued daily at the end of the day.
Settlement is on a DVP3 basis, with the settlement of CBLOs occurring in the books of CCIL
and final interbank funds settlement at the RBI.
Default procedure: As settlement is on a DVP basis, the first line of defence against a default
is to withhold the delivery of funds or CBLOs. In case of a default on the redemption
proceeds of CBLO on maturity, the collateral collected in the form of margins is also blocked.
The defaulter is allowed to make good the shortfall by a set time on the next day. Si la
defaulter fails to do so,50 the withheld funds or CBLOs or collateral are appropriated to meet
the shortfall. The accumulated margin payments are then applied to meet any residual loss.
If there is still a shortfall, the CCIL’s Settlement Reserve Fund is used to meet it.
Liquidity risk: Liquidity risk is managed through lines of credit from commercial banks.
4.3.2.6 Links to other systems
The CBLO dealing system is hosted and maintained by Clearcorp Dealing Systems
(India) Ltd. NDS members access the CBLO dealing system via INFINET and non-NDS
members via the internet. CCIL is linked to RTGS for funds settlement for members who
maintain a current account in RBI (and are allowed to operate that current account for
settlement of their secondary market transactions) and to settlement banks in respect of
other members. CCIL is linked to the CSD (RBI for government securities) for collateral and
margin collections.
4.3.2.7 Pricing
Transaction charges, settlement charges, and default charges, including delayed deposit of
margin charged by CCIL, are published on the CCIL website.51
50
The deadline for this process is stipulated in the segment’s regulations. CCIL communicates any changes by
means of a notification to the members.
51
http://www.ccilindia.com/.
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4.3.3
Foreign exchange settlement
4.3.3.1 Institutional framework
The institutional framework under which CCIL, the CCP, is governed is detailed in
Sections 1.3.2 and 3.3.1.
4.3.3.2 Participation
The participation in this segment is detailed in Section 3.3.2.
4.3.3.3 Types of transaction
The types of transaction in this segment is detailed in Section 3.3.3. CCIL provides
guaranteed settlement for all interbank cash, tom, spot and forward USD-INR transactions.
4.3.3.4 Operation of the system and settlement procedures
The system operating and settlement procedures are described in Sections 3.3.4, 3.3.5 and
3.3.6.
4.3.3.5 Risk management
Risk management is outlined in Section 3.3.7.
4.3.3.6 Links to other systems
CCIL receives trade information through a web-based reporting facility in addition to its
FX-CLEAR trading platform. The settlement of INR obligations takes place in members’
accounts with the RBI. The settlement details of the USD leg are sent to CCIL’s
correspondent bank in New York, through which the USD pay-ins to CCIL’s nostro account
take place.
4.3.3.7 Pricing
The schedule of fees and charges for settlement of trades, transaction charges and system
usage charges and penalties for default charged by CCIL are published on CCIL’s website.
4.3.4
National Securities Clearing Corporation Ltd. (NSCCL) and Indian Clearing
Corporation Limited (ICCL)
The role of NSCCL as a CCP for trades executed on the NSE and the corporate bond
segment and the role of ICCL as a CCP for the BSE’s corporate bond segment are detailed
in the following sections.
4.3.4.1 National Securities Clearing Corporation Ltd. (NSCCL)
4.3.4.1.1 Institutional framework
The institutional framework under which NSCCL, the CCP, is governed is detailed in
Section 4.2.3.2.
4.3.4.1.2 Participation
Cash market segment: All trading members in the cash market segment are also clearing
members of NSCCL. Custodian clearing members are also authorised by the NSCCL to
carry out clearing and settlement of transactions for their clients.
Derivatives segment: Clearing members can be self clearing members (SCM); commerce
member-cum-clearing members (TMCM); or professional clearing members (PCM).
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Corporate bonds: To settle trades in corporate bonds through NSCCL, participants must
register with NSCCL. Entities carrying out settlement on behalf of participants are also
registered as participants.
4.3.4.1.3 Types of transaction
Cash market segment: The cash market segment comprises equities, government securities,
warrants and exchange traded funds that are cleared and settled by NSCCL.
Derivatives segment: NSCCL clears and settles index futures, index options, stock futures,
stock options, currency futures and currency options and interest rate futures.
Corporate bonds: Only corporate bonds.
4.3.4.1.4 Operation of the system
The market operates from 09:00 to 15:30, five days a week.
Cash market segment: All trades executed on NSE are electronically transferred to NSCCL
after trading hours on T+0 for clearing and settlement and are settled on a T+2 basis in the
cash market segment. NSCCL, the CCP, becomes the counterparty to the net settlement
obligations of every member by novation and is obligated to meet all settlement obligations,
regardless of member defaults. The NSCCL is the central counterparty to all trades and nets
positions so that members have a net obligation to receive or deliver securities and must
either pay or receive funds.
Trading members execute transactions on behalf of clients or on a proprietary basis.
Settlement obligations are netted at the clearing member level. NSCCL carries out clearing
and settlement functions according to the settlement cycles of different sub-segments in the
cash market segment.
Derivatives segment: NSCCL becomes the counterparty for all trades in NSE futures and
options contracts. Financial obligations are assumed by the NSCCL in the event of any party
failing to meet the settlement obligations. Clearing members are responsible to NSCCL for
the obligations arising from their own trades, their clients’ trades and the trades of trading
members for whom they provide a clearing service.
Futures contracts are subject to two types of settlements; the daily mark to market
settlement, which occurs on a continuous basis at the end of each day, and the final
settlement, which occurs on the last trading day of the futures contract. Settlement of options
contracts include the daily premium settlement for options purchased and sold during the day
and the final exercise settlement for options positions at in-the-money strike prices on the
expiration day.
Corporate bonds: Corporate bond trades are settled between Monday to Friday on three
settlement cycles, ie T+0, T+1 and T+2, with different cut-off timings.
4.3.4.1.5 Risk management
NSCCL’s risk management system monitors the track-record and performance of members
and their net worth; undertakes on-line monitoring of members’ positions and market
exposure, collects margins from members and automatically suspends members if the limits
are breached.
Risk management measures for the cash market segment comprise the following:

capital adequacy requirements;

margin requirements include the daily mark to market margin (MTM margin), value
at risk-based margin (VaR-based margin) and extreme loss margins (ELM margin).
VaR and ELM margins are calculated at client level and collected in advance,
whereas the MTM margin is computed and collected at the end of the day.
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
an online system monitors the margins of the members in real time. Alerts warn both
the member and NSCCL at pre-set levels when a member approaches its allowable
capital.
Risk management measures for the derivatives segment: NSCCL monitors margins in real
time by means of an online portfolio-based margining and monitoring system. The risk
containment measures comprise:

capital adequacy controls.

margining and position monitoring is accomplished using an online tool, SPAN
(Standard Portfolio Analysis of Risk),52 to determine the largest loss that a portfolio
might reasonably be expected to incur from one day to the next day.

margins are monitored on a real-time basis. Members are alerted of their positions
to enable them to control their positions and margins or bring in additional capital. Si
deposits are insufficient to cover the margins, the member’s trading facility is
automatically withdrawn. In addition, various position limits are also set.
Default procedures for the cash and derivatives segments
In the case of funds and securities pay-in defaults, NSCCL initiates a buy-in on T+3 on behalf
of clearing members who have failed to make the securities pay-in by the scheduled time on
T+2. The buy-in takes place in a separate auction market session on T+3 on the trading
system of NSE. The settlement for transactions in the auction session takes place on T+4,
when all unsuccessful or unsettled auctions are closed out. Clearing members failing to
honour funds pay-in obligations by the cut-off time are suspended from trading if such
shortages are above a prescribed value.
Utilisation in case of default
If a clearing member is declared to be in default, NSCCL applies the members’ funds and the
settlement fund in the following order:

margin or any other payment of the defaulting member retained by NSCCL for the
purpose of clearing and settlement;

the member’s contribution to the settlement fund, whether in the form of cash or
securities or bank guarantee;

the member’s security deposit and the proceeds recovered from auctioning or
transferring the membership;

fines, penalties, interest etc earned from investment or disinvestment of the
settlement fund, retained earnings of NSCCL and profits available for appropriation;

contribution of all clearing members to the settlement fund in proportion to the total
contribution and deposit made by each clearing member;

additional contribution called from clearing members in proportion to their
contribution to the settlement fund.
Corporate bonds: Trades are settled at participant level on a DVP1 basis, ie on a gross basis
for securities and funds. If either of the participants/custodians fail to honour their pay-in
obligation by the set time, the transaction is cancelled. The securities or funds received
towards the pay-in obligation are returned to the respective participants/custodians.
52
SPAN (Standard Portfolio Analysis of Risk) is licensed from the Chicago Mercantile Exchange. SPAN is used
to determine margin requirements.
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4.3.4.1.6 Links to other systems
NSCCL clears and settles the trades executed in the equities and derivatives segments over
the NSE's trading platform NEAT. NSCCL effects the securities pay-in and payout through
the two depositories NSDL and CDSL. The funds settlement takes place in designated
settlement banks. In the case of corporate bonds, NSCCL effects the funds settlement in the
RTGS and the securities settlement in the two depositories.
4.3.4.2 Indian Clearing Corporation Limited (ICCL):
The functions of ICCL are described below mainly with reference to its role as a CCP in the
currency derivatives segment.
4.3.4.2.1 Institutional framework
The institutional framework under which ICCL, the CCP, is governed is detailed in
Section 4.2.4.2.1.
4.3.4.2.2 Participation
Participants: ICCL’s clearing members can be either (i) trading-cum-clearing members
(TCMs), who can trade, clear and settle their own or client trades, as well as clear and settle
trades of its associate trading members; or (ii) professional clearing members (PCMs), a
member without trading rights. A PCM can clear and settle the trades only of its associate
trading members and clients.
4.3.4.2.3 Types of transaction
ICCL undertakes clearing and settlement services for the mutual funds segment and
corporate debt segment and the currency derivatives segment of the United Stock Exchange
of India Limited (USE) as well of the BSE.
4.3.4.2.4 Operation of the system
The clearing and settlement process in the currency derivatives segment is given below:
Process
Daily mark to market
settlement.
The daily mark-to-market is settled in cash on T+1.
Settlement
mécanisme
Cash-settled in Indian rupees.
Settlement price
The settlement price is the RBI reference rate on the date of expiry.
Last trading day
The near-month contract is discontinued for trading two days prior to the
expiry day (assuming both the days are trading days).
Final settlement day
The final settlement day is the contract expiry date which is generally T+2
from the last trading day of the contract.
ICCL has appointed nine commercial banks as clearing banks to settle the funds obligations
of clearing members. A clearing member must open a settlement account with any of the
designated clearing banks for this purpose.
4.3.4.2.5 Risk management
ICCL has a risk management framework that includes the collection of various types of
margins, collateral etc for the currency derivatives segment.
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Margin: margins for the currency derivatives segment comprise:

initial margin to cover a 99% VaR over a one-day horizon. The initial margin is
subject to a minimum of 1.75% on the first day of currency futures trading and 1%
thereafter. The initial margin is deducted in advance from the available liquid assets
deposited by the clearing member with ICCL;

extreme loss margin on the mark to market value of the gross open positions is
deducted in advance from the available liquid assets of the clearing member; et

such additional margins which ICCL may require clearing members to pay.
The margins are computed at a client level and collected or adjusted in advance from the
liquid assets of the clearing members. Client margins are collected and reported to ICCL by
the members.
Collateral requirements for ICCL clearing members comprise:

A minimum liquid net worth which must be continuously maintained even after
adjusting for the initial margin and extreme loss margin requirements;

Liquid assets must be maintained in cash or cash equivalents and non-cash
equivalents, ie approved securities and in the form of collateral as may be approved
by ICCL. Liquid assets for trading in currency futures must be maintained separately
in the currency derivatives segment. The cash or cash equivalent component should
be at least 50% of total liquid assets. These norms are also applicable to the equity
derivatives segment.
4.3.5
Bombay Stock Exchange
The institutional framework, participation, types of transaction and system operations are
detailed in Sections 4.2.4.2.1; 4.2.4.2.2; and 4.2.4.2.3.
4.3.5.1 Settlement procedure
The pay-in and payout of funds securities based on the delivery or receive order issued by
the BSE are settled on T+2.
Members can effect pay-in of dematerialised securities to the clearing house through either
NSDL or CDSL. They must give instructions to their respective depository participants (DPs)
that specify information such as the settlement number, effective pay-in date, quantity etc.
Members may also effect pay-in directly from the clients’ beneficiary accounts through CDSL.
For this, the clients are required to specify the settlement details and the ID of the clearing
through which they have sold the securities.
Dematerialised securities are credited by the clearing house to the pool or principal accounts
of the members. BSE can also transfer payout securities directly to the clients’ beneficiary
owner accounts without routing them through the members’ pool or principal accounts in
NSDL/CDSL. If securities received from one depository are to be credited to an account in
the other depository, the clearing house does an inter-depository transfer to give effect to
such transfers.
The bank accounts of members maintained with the clearing banks, are directly debited for
their funds settlement obligations. Members whose funds pay-in obligations are not cleared
at the scheduled time are subject to penalty payments or debarment from BOLT. le
clearing house instructs the clearing banks to credit the members’ accounts with funds on the
pay-in day itself in respect of those members who are due to receive funds. If a member fails
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to deliver the securities, the shortfall in the value of shares delivered is recovered from the
member at the day’s standard/closing price for the securities concerned.
4.3.5.2 Risk management
The core of the risk management system is the liquid assets deposited by the members with
the BSE. These liquid assets meet the following five requirements:
(une)
mark to market (MTM) losses on outstanding settlement obligations. The MTM is
computed after trading hours on T+0 at the day’s closing price or, if the security has
not been traded that day, at the latest available closing price. MTM margins are also
adjusted in respect of all the pending settlements on the basis of closing prices of
T+0. The MTM is collected from members on the evening of T+0.
(b)
VaR margins to cover potential losses on 99% of trading days. The VaR margin is
collected in advance from the total liquid assets of the member at the time of trade.
(c)
extreme loss margins to cover the expected loss in situations that lie outside the
coverage of the VaR margins. The ELM is collected from the total liquid assets of
the member.
(ré)
base minimum capital is the capital required for all risks other than the market risk
(for example, operational risk and client claims).
(e)
special margin is collected as a surveillance measure. If applicable, it is collected
together with the MTM from the members.
Members are required to maintain sufficient liquid assets (collateral) to cover the above five
requirements. There are no other margins in the risk management system. The margins are
released when the settlement pay-in is completed.
If a member fails to deliver the securities due, the shortfall in the value of shares delivered is
recovered from him at the day’s standard/closing price for the securities concerned.
Penalties are specified for non-fulfilment of settlement obligations (ie normal pay-in,
securities shortage pay-in and auction pay-in) and failure to deposit additional capital
towards the capital cushion requirement by the set time
Trade Guarantee Fund
As required by the SEBI, the BSE has a Trade Guarantee Fund (TGF) to assure the timely
completion and settlement of transactions.
The TGF is managed by the Defaulters’ Committee, a standing committee of the BSE with a
SEBI-approved constitution.
Brokers’ Contingency Fund
The BSE’s Brokers' Contingency Fund provides temporary refundable advances to members
who face temporary financial mismatches. Members can draw an advance from the fund up
to six times in a financial year. Advances have a maximum term of 30 days and are available
only to meet shortfalls in a member’s funds pay-in obligations in a settlement arising out of
delivery-based transactions and not for any other obligations in a settlement.
BSE has contributed an initial sum of INR 600 million to the fund. All active members are
required to make an initial contribution of INR 10,000 in cash to the fund and also contribute
INR 0.01 for every INR 100,000 of gross turnover in all segments by way of continuous
contribution to the fund. All active members are required to maintain a base minimum capital
of INR 1 million with the BSE. This contribution, which is refundable, is also placed with the
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fund. In addition, members are required to provide the fund with a bank guarantee of
INR 1 million.
Default procedure
Members who have insufficient funds on account to meet margin calls are liable to penalties
for margin default. These penalties are reviewed periodically.
4.4
Securities settlement systems
The settlement arrangements for government securities with CCIL as the CPP and related
risk mitigation measures are described in Section 4.4.1. Sections 4.4.2 and 4.4.3 cover the
settlement of the trades executed on the stock exchanges.
4.4.1
Government securities
The RBI settles the transactions received from CCIL in DVP3: the funds and the securities
obligations are settled on a net basis. From 1995 to 2002, settlement was on a DVP1 basis
and from 2002 to 2004 it was on a DVP2 basis.53
Pay-in of securities takes place from the securities account of members with a net debit
position in securities (ie the accounts of the members are debited) into the securities account
of CCIL (ie the CCIL account is credited). Thereafter, settlement information is transmitted to
the RTGS system for pay-in of funds (from the funds account54 of members into the funds
account of CCIL) and the subsequent payout of funds from the account of CCIL to the
accounts of members with a net credit position in funds. Finally, when funds have been
successfully transferred, the securities are released from CCIL’s account into the accounts of
members who hold a net receipt position in the settlement with respect to securities.
CCIL has a rupee line of credit and a securities line of credit with several banks. In case of a
securities shortage during settlement, CCIL informs the RBI about any usage of a securities
line of credit after utilising the available securities in the settlement guarantee fund. dans le
case of a funds shortage, the RBI accesses the funds line of credit available to CCIL and
then notifies CCIL before settlement completion. Based on the utilisation of the credit lines,
CCIL withholds securities or funds payable to the defaulting member(s). These are released
to the members after fulfilment of their obligations vis-à-vis CCIL.
The settlement status is then updated in the NDS.
4.4.2
Securities traded on the NSE and the BSE
All actively traded securities are held and settled in dematerialised form at either the NSDL or
the CDSL, the two national securities depositories. To allow dematerialised trading in a
security, listed companies must connect to both depositories. SEBI mandates that all new
IPOs must be traded in dematerialised form. Further, the Companies Act requires that every
listed company making an IPO of securities for INR 100 million or more issue the security
only in dematerialised form.
53
See Committee on Payment and Settlement Systems, Delivery versus payment in securities settlement
systems, Basel, 1992, p 4.
54
The funds settlement takes place in the RTGS settlement account for RTGS members. However, for members
who are not RTGS participants, the funds leg of the settlement takes place in their current account with the
RBI.
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On T+2, members pay securities into their designated clearing member accounts with the
depositories within the prescribed time period. The depositories make the securities available
to the clearing house. The NSCCL and BOISL are linked to the two depositories for
settlement. Similarly, members with funds pay-in obligations make funds available in their
designated clearing member funds accounts with the clearing banks within the prescribed
time period. The clearing banks make the funds available to the NSCCL or to BOISL. À partir de
March 2010, NSCCL had 12 clearing banks.
Once the pay-ins of funds and of securities are completed, the clearing house ensures that
the payouts of funds and delivery of securities to the clearing members takes place through
the clearing banks and depositories, respectively.
4.4.3
Dérivés
On settlement day (T+1 for daily settlements and expiry day+1 for final settlements),
members make funds available in their designated clearing member funds accounts with the
clearing banks. Funds are settled between accounts held at clearing banks.
4,5
Use of securities infrastructure by the Central Bank
The RBI uses the securities infrastructure to implement monetary policy through the Liquidity
Adjustment Facility (LAF) and open market operations. LAF operations are normally
conducted in the mornings. Bids are received from the participants through PDO-NDS from
09:30 to 10:30. If participants are unable to submit the bids in the PDO-NDS due to
connectivity problems or other issues, as a contingency measure participants are allowed to
submit a physical bid to the RBI. In such situations, an additional time window of 15 minutes
is given for submitting the physical bids in hard copy.55 Once a decision is taken whether to
accept all or some of the bids (based on liquidity considerations), the bids are processed and
sent for settlement. The funds leg is settled first on a gross basis in the RTGS system. Sur
completion of the funds settlement leg, the securities leg is settled in the participants’
securities accounts, ie their repo constituent (RC) and reverse repo constituent (RRC)
accounts with the RBI.
When required a Second LAF (SLAF) can be held from 16:15 hrs to 16:45. An additional five
minutes is given for physical bids if any. The process flow and settlement are the same as for
the regular LAF operations held in the morning.
In the case of open market operations, bids are received through PDO-NDS between 10:30
and 12:30 hrs, with an additional 30 minutes for submission of physical bids if necessary.
Once a decision is taken whether to accept all or some of the bids (based on monetary policy
considerations), the bids are processed and sent for settlement. The securities in the
principal SGL account held with RBI are blocked first. If sufficient securities are available on
the participants’ accounts, the funds leg is settled on a gross basis in the RTGS system. le
securities leg is then settled in the RBI’s PDO.
55
Participants must notify the RBI by fax of their intention to submit a physical bid before the original cut-off time
of 10:30.
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Payment, clearing and
settlement systems in
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Contenu
List of abbreviations..............................................................................................................209
Introduction ...........................................................................................................................211
1.
2
3
4
Institutional aspects.....................................................................................................211
1.1
The general institutional framework ...................................................................211
1.2
The role of the Bank of Korea ............................................................................213
1.3
The role of other private and public sector bodies .............................................215
Payment media used by non-banks ............................................................................219
2.1
Cash payments ..................................................................................................219
2.2
Non-cash payments ...........................................................................................219
2.3
Recent developments ........................................................................................224
Interbank funds transfer systems ................................................................................224
3.1
General overview ...............................................................................................224
3.2
Large-value payment system .............................................................................225
3.3
Retail payment systems .....................................................................................230
3.4
Foreign currency settlement systems ................................................................235
Systems for post-trade processing, clearing and securities settlement.......................237
4.1
General overview ...............................................................................................237
4.2
Confirmation system and trade repository .........................................................238
4.3
Central counterparty and clearing system..........................................................239
4.4
Securities settlement system .............................................................................241
4,5
Use of the securities infrastructure by the BOK .................................................244
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List of abbreviations
ARS
Automatic Response Service
AU M
guichet automatique
B2B/B2C
business to business / business to customer
BOK
Bank of Korea
BOK Act
Bank of Korea Act
BOK-Wire+
New Bank of Korea Financial Wire Network System
CCP
central counterparty
CD
certificat de dépôt
CFIP
Committee on Financial Informatisation Promotion
CLS
Continuous Linked Settlement
CMS
Cash Management Service
CP
papier commercial
CSD
central securities depository
DVP
delivery versus payment
EFT Act
Electronic Financial Transactions Act
EFTPOS
electronic funds transfer at point of sale
FCFTS
foreign currency funds transfer system
FIC
financial investment company
FIFO
first in, first out
FSC
Financial Services Commission
FSCM Act
Financial Investment Services and Capital Markets Act
FSS
Financial Supervisory Service
IC
circuit intégré
KDIC
Korea Deposit Insurance Corporation
KEB
Korea Exchange Bank
KFCCC
Korea Federation of Community Credit Cooperatives
KFSB
Korea Federation of Savings Banks
KFTC
Korea Financial Telecommunications and Clearings Institute
KOSDAQ
Korea Securities Dealers Automated Quotation
KOSPI
Korea Composite Stock Price Index
KRW
Korean won
KRX
Korea Exchange
KSD
Korea Securities Depository
LVPS
large-value payment system
MoSF
Ministry of Strategy and Finance
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MPC
Monetary Policy Committee
MME
bande magnétique
MSB
monetary stabilisation bond
NCUFK
National Credit Union Federation of Korea
NDF
non livrable avant
PVP
payment versus payment
RPS
retail payment system
RTGS
real-time gross settlement
SIPS
systemically important payment system
SSS
securities settlement system
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introduction
The payment systems of Korea consist of one large-value payment system (LVPS) and
several retail payment systems (RPSs). The LVPS is BOK-Wire+, which is owned and
operated by the Bank of Korea (BOK). Most of the RPSs are owned and operated by the
Korea Financial Telecommunications and Clearings Institute (KFTC), the most prominent
being the Electronic Banking System, the Cheque Clearing System, the Interbank
Remittance System and the ATM Network.
Securities transactions are matched, confirmed, cleared and settled mainly by the Korea
Exchange (KRX) and Korea Securities Depository (KSD). The KRX operates two stock
exchanges (the KOSPI and KOSDAQ Markets) and one futures exchange (the Derivatives
Market), and is also the central counterparty (CCP) of the securities markets it operates.
Exchange-traded securities are matched, confirmed and cleared by the KRX, and settled by
KSD through its securities settlement systems (SSSs). Over-the-counter (OTC) securities are
meanwhile confirmed, cleared and settled mainly by KSD. The final settlement assets vary
depending on the type of securities and the markets on which they are traded. The cash legs
of all stock transactions and on-floor corporate bond transactions are settled with commercial
bank money; other securities transactions are settled with central bank money.
Several notable developments in Korean payment and settlement systems have taken place
in recent years. With regard to the LVPS, the BOK began operation of its BOK-Wire+ system
in April 2009, adding a hybrid settlement function to the existing real-time gross settlement
(RTGS) system, BOK-Wire. This improvement was aimed at reducing participants’ liquidity
burdens stemming from the rising funds transfer volumes associated with the rapid increase
in the number of financial transactions. Significant changes have also been made to the retail
payment environment. In particular, securities brokers are now allowed to provide funds
transfer services to their non-institutional customers directly through the RPSs. Pendant ce temps,
with the rapid spread of electronic payment instruments such as credit cards and online
funds transfers, payment methods are increasingly shifting from paper-based to paperless
ones. Also, with the use of mobile banking expanding rapidly, a wider range of payment
services are taking advantage of mobile communication technology.
As in many other countries, active discussions on strengthening payment and settlement
system safety are taking place in Korea. These draw on lessons from the recent global
financial crisis. To this end, the BOK and other infrastructure operators have developed a
reform plan for upgrading Korean SSSs. The establishment of a CCP and a trade repository
for OTC derivatives is also under discussion.
1.
Institutional aspects
1.1
The general institutional framework
With respect to the payment and settlement system of Korea, a broad range of laws and
regulations govern transactions and the settlement details thereof, issuance and distribution
of payment instruments, oversight of payment and settlement systems, protection for clearing
and settlement agreements, etc.
The Bank of Korea Act (BOK Act), the Financial Investment Services and Capital Markets
Act (FSCM Act) and the Electronic Financial Transactions Act (EFT Act), among others,
clearly stipulate that the Bank of Korea (BOK) shall play a principal role in overseeing
payment and settlement systems.
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Table 1
Laws relating to the Korean payment and settlement system
Contenu
Transactions
Paiement
instruments
Oversight
une fonction
Commercial transactions
Civil Act, Commercial Act,
Standardised Contracts Act
Securities exchange
Financial Investment Services and Capital Markets Act
Foreign exchange
Foreign Exchange Transactions Act
Bills, cheques
Bills of Exchange and Promissory Notes Act,
Cheque Act
Electronic funds transfer
and electronic payment
les méthodes
Electronic Financial Transactions Act,
Digital Signature Act,
Framework Act on Electronic Commerce,
Act on Consumer Protection in Electronic Transactions
Electronic bills
Issuance and Distribution of Electronic Bills Act
Card payments
Specialised Credit Financial Business Act
Oversight of payment
and settlement systems
Bank of Korea Act,
Electronic Financial Transactions Act,
Financial Investment Services and Capital Markets Act
Settlement finality
1.1.1
Loi
Debtor Rehabilitation and Bankruptcy Act
Bank of Korea Act
Before the seventh amendment of the BOK Act in September 2003, there was no clear legal
basis for BOK operation of its LVPS, nor for its responsibility for risk management, policy
development and oversight of the nation’s payment and settlement systems overall. Ce
amendment of the Act provided the legal basis for these functions, and as a result the BOK
was explicitly vested with the power to formulate and implement policies related to payment
and settlement systems, allowing the BOK to more actively pursue the advancement of those
systems.
Paragraph 1 of Article 81 of the Act stipulates that the BOK may, for the purpose of
promoting overall payment and settlement system safety and efficiency, determine the
necessary matters concerning the payment and settlement systems that it operates,1 and
other systems settling funds through BOK-Wire+. To be specific, the BOK may determine the
rules related to the operation and risk management of BOK-Wire+, and it also determines
oversight rules on payment and settlement systems overall.
Paragraphs 2 and 3 of Article 81 prescribe that the BOK may, with respect to the payment
and settlement systems operated by institutions other than itself, require that their operators
provide information related to payments and settlements and, if necessary, that their
operators or their supervisory bodies take measures to improve system operating rules for
the purpose of facilitating payment and settlement system operation. These provisions
establish the legal ground for the BOK to collect information, perform assessment, request
1
Currently, the BOK only operates BOK-Wire+.
212
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improvement and monitor any payment and settlement systems. These include the retail
payment systems (RPSs) operated by the Korea Financial Telecommunications and
Clearings Institute (KFTC), the central counterparty and clearing system operated by the
Korea Exchange (KRX) and the securities settlement systems (SSSs) operated by Korea
Securities Depository (KSD).
Paragraph 4 of Article 81 authorises the BOK to require BOK-Wire+ participants to provide
any relevant information. This enables the BOK to secure the information necessary to
enhance payment and settlement system safety and efficiency with respect to non-bank
financial institutions such as financial investment companies (FICs)2 participating in the
system as well as banks.
1.1.2
Other relevant legal texts
In addition to the BOK Act, other laws relate to the payment and settlement systems directly
or indirectly. The Civil Act, the Commercial Act and the Standardised Contracts Act regulate
business transactions in general. Settlement of securities transactions is also governed by
the FSCM Act, while the Foreign Exchange Transactions Act regulates foreign exchange
settlement.
The Bills of Exchange and Promissory Notes Act and the Cheque Act set out the ways in
which these instruments are to be issued, accepted and paid. The Specialised Credit
Financial Business Act regulates credit, debit and prepaid cards. Electronic transactions are
also regulated by the Electronic Financial Transactions Act (EFT Act), the Framework Act on
Electronic Commerce, the Digital Signature Act and the Issuance and Distribution of
Electronic Bills Act.
The FSCM Act and the EFT Act authorise the BOK to oversee FICs and other payment
service providers. The BOK may require them to submit information; it may also require the
Financial Supervisory Service (FSS) to examine institutions, or to conduct joint examination
of them with the BOK.
The Debtor Rehabilitation and Bankruptcy Act explicitly ensures settlement finality of
transactions processed through major payment systems designated by the Governor of the
BOK and SSSs prescribed by the relevant Acts, once instruction transfer, clearing and
settlement are completed in accordance with the operating rules of the relevant systems. Dans
anticipation of insolvency or rehabilitation proceedings against any participant in these
payment and settlement systems, the Act contains exceptional clauses guaranteeing
effectiveness of their transfer instructions or payments regardless of other provisions of the
Act. This means that such transactions shall not be subject to cancellation, termination or
revocation, and that agreements of such systems on clearing and settlement shall be
applicable to them.
1.2
The role of the Bank of Korea
The BOK issues the legal tender and plays a pivotal role in the payment and settlement
system of Korea by providing payment services for final settlement to financial institutions
through the operation of the large-value payment system (LVPS), extending loans to financial
institutions as the lender of last resort, and improving and overseeing the payment and
settlement systems.
2
An FIC is a company which conducts financial investment business under the FSCM Act.
CPSS – Red Book – 2011
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(une)
Issuance of legal tender
The BOK has the exclusive authority to issue the legal tender to be used in Korea for all
transactions, without limitation. In this regard, the BOK provides new banknotes and coins,
withdraws and exchanges old ones and eliminates damaged ones.
(b)
Provision of final settlement service
The BOK provides final3 settlement service through the current accounts of financial
institutions with the BOK. The BOK Act stipulates that institutions that have current accounts
with the BOK shall be limited to the government, governmental agencies, financial
institutions, and any corporations that the Monetary Policy Committee (MPC) deems
necessary to the performance of BOK business.
(c)
Operation of BOK-Wire+
In 1994, the BOK began operating Korea’s LVPS, BOK-Wire, a real-time gross settlement
system (RTGS). BOK-Wire enabled financial institutions to connect to their current accounts
with the BOK to transfer funds for short-term financial market transactions, securities
settlement and foreign exchange settlement. It also provided net settlement of obligations
arising from RPS transactions. With the BOK-Wire settlement volume increasing significantly,
the BOK launched a plan to upgrade BOK-Wire in May 2005, and BOK-Wire was replaced in
April 2009 by BOK-Wire+, which is equipped with a hybrid settlement function to save
participants’ settlement liquidity by applying a continuous bilateral and multilateral offsetting
mechanism. The introduction of BOK-Wire+ has considerably reduced the amount of intraday
settlement liquidity that financial institutions need to prepare.
(ré)
Provision of liquidity
The BOK may provide liquidity for banks facing unexpected temporary liquidity shortages, in
order to prevent chain defaults and ensure financial stability. In this regard, the BOK supplies
settlement liquidity to banks lacking it, through intraday overdrafts and liquidity adjustment
loans,4 in order to prevent delays in overall settlement caused by temporary liquidity
shortages.
The BOK is able to fulfil this key role not only because of its exclusive right as the central
bank to issue legal tender, but also because it is entitled to promptly intervene in the market
in times of crisis as a provider of loans to financial institutions.
(e)
Payment and settlement system oversight
To contribute to payment and settlement system safety and efficiency, the BOK oversees
payment and settlement systems, their operators and participants, and their payment
methods in accordance with the BOK Act and the Regulation on Operation and Management
of Payment Systems. The BOK classifies the payment and settlement systems subject to its
oversight into “systemically important payment and settlement systems” (SIPSs) and “other
payment and settlement systems” – according to the monetary values of transactions
conducted through the systems and the effect that system failures would have on financial
markets overall. The BOK assesses SIPSs once every two years and other payment and
settlement systems when necessary.
3
4
The term “final” is used here in the sense that transactions paid using BOK banknotes are completed without
any clearing or settlement process.
A liquidity adjustment loan is an overnight standing facility provided by the BOK. The interest rate on a liquidity
adjustment loan is 100 basis points above the Base Rate except on the last day of a reserve maintenance
period, when it is 50 basis points above the Base Rate.
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(f)
Research on and improvement of the payment and settlement system
The BOK conducts research on the payment and settlement system. It also builds on the
results of such research to improve the payment and settlement system by introducing new
systems to further ensure system safety and efficiency. In addition, the BOK leads the efforts
to promote financial informatisation5 while contributing to the improvement of existing RPSs
or the introduction of new ones.
(g)
Cooperation with other institutions
After the global financial crisis, the BOK, the Ministry of Strategy and Finance (MoSF), the
Financial Services Commission (FSC), the Financial Supervisory Service (FSS) and the
Korea Deposit Insurance Corporation (KDIC) agreed to share financial information to
enhance resilience and limit systemic risks. The BOK and the FSS also signed a
memorandum of understanding on joint examinations and information-sharing. In addition,
the BOK participates in international organisations including the Committee on Payment and
Settlement Systems (CPSS) at the Bank for International Settlements, and in international
cooperative oversight as a member of the CLS Oversight Committee together with the
central banks of other countries issuing CLS currencies.
1.3
The role of other private and public sector bodies
1.3.1
Payment and settlement system operators
(une)
Korea Financial Telecommunications and Clearings Institute
The owner and operator of most of the RPSs, the KFTC is a non-profit organisation set up on
a joint ownership basis by member banks. It was established in June 1986 by a merger of
the Korea Clearing and Credit Reporting Centre with the Korea Giro Centre. The KFTC has
built interbank shared networks in addition to its cheque clearing and giro businesses, for the
transmission of funds transfer messages between banks. It also provides support for the joint
electronic businesses of financial institutions and recently launched an accredited
certification6 system (yessign).
(b)
Korea Exchange
The KRX operates the KOSPI, KOSDAQ and Derivatives Markets in accordance with the
FSCM Act. The KRX also clears transactions conducted in these markets. In addition, it acts
as a central counterparty (CCP) by providing services such as matching and confirmation of
trades, clearing, assumption of obligations and guarantee of settlements. Only members of
the KRX7 are allowed to trade securities in the KRX markets. KRX members are responsible
for contributing funds to resolve possible settlement failures, for paying transaction charges,
and for reporting their financial status (eg their quarterly balance sheets and income
statements) to the KRX.
5
Financial informatisation refers to the fact that payment instruments, financial transactions and financial
information are electronically automated and standardised by information telecommunication technology.
6
An accredited certification service (such as yessign) is one that issues and manages accredited certificates
used for confirming the identities of parties in online transactions and for preventing e-document fraud.
Accredited certificates are issued by financial institutions, and can be used for Internet banking and credit card
payments for online purchases.
7
Only financial institutions (mostly FICs) licensed as investment traders or investment brokers under the FSCM
Act can be KRX members.
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(c)
Korea Securities Depository
KSD is the sole Korean central securities depository (CSD) under the FSCM Act. In this role,
it provides centralised depository and securities settlement services through book-entry
transfers. It also clears OTC securities. Financial institutions including banks, FICs,
insurance companies and foreign depository services are allowed to open accounts with
KSD, while individuals and other companies can use KSD only indirectly through KSD
members.
(ré)
Other system operators
Other systems include CLS (Continuous Linked Settlement), the international foreign
exchange (FX) settlement system, operated by CLS Bank; several local banks operating
domestic foreign currency transfer systems; federations of non-bank credit institutions,8
which operate funds transfer systems among their member credit cooperatives; and BC Card
Co Ltd (BC Card), which operates a credit card settlement system.
CLS eliminates principal risk by providing PVP (payment versus payment) in the settlement
of foreign exchange transactions. CLS Bank designated the Korean won (KRW) as a CLSeligible currency in December 2004, and as a consequence was granted access to a BOK
current account as well as to BOK-Wire+. As of the end of 2009, a total of 17 local banks and
11 foreign bank branches in Korea were using the service to settle foreign exchange
transactions involving the KRW.
Several commercial banks operate foreign currency funds transfer systems (FCFTSs), which
allow for foreign currency transfers between local financial institutions. A bank wishing to
transfer foreign currency through the systems must open an account for each currency
concerned with one of the settlement banks.
Some federations of non-bank credit institutions9 – the Korea Federation of Savings Banks
(KFSB), the Korea Federation of Community Credit Cooperatives (KFCCC) and the National
Credit Union Federation of Korea (NCUFK) – operate funds transfer systems for their
members. Funds transfers among members are completed through their accounts with the
federation on a multilateral net settlement basis. Transactions between members and nonmembers (banks or members of other federations) are meanwhile conducted through RPSs
operated by the KFTC.10 More specifically, since individual members are not allowed to
participate in the KFTC’s RPSs, their instructions for payments to and from non-members are
submitted to the RPSs in the name of the federation that participates in the relevant RPS.
The KFTC calculates the federation’s net settlement obligation, while the federation
calculates each member’s net settlement obligation and settles it through members’ accounts
with the federation.
BC Card, a consortium of 11 banks in Korea, provides the BC Card settlement service. Quand
a consumer purchases goods or services with a credit card issued by a BC Card member
bank, BC Card carries out multilateral net settlement between the banks of the cardholder
and the merchant involved.
8
In this article, savings banks, community credit cooperatives and credit unions are commonly called “non-bank
credit institutions”. The federations of these institutions are special corporations established under the Mutual
Savings Banks Act, the Community Credit Cooperatives Act and the Credit Unions Act. These federations
participate in the RPSs on behalf of their member institutions.
9
These play roles equivalent to that of a central bank for their member institutions. They receive and manage
deposits and reserves, conduct funds settlement between members, provide loans to members, and oversee
the businesses of their members.
dix
There are 11 retail payment systems, and the three federations participate in seven of them.
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1.3.2
Providers of payment services
(une)
Banks
Banks eligible to carry out funds transfer services under the Banking Act provide a wide
range of payment services based upon demand deposits. Banks issue bills and cheques,
and provide cash deposits and withdrawal services as well as funds transfers through
various RPSs operated by the KFTC (eg the Giro System or the Electronic Banking System).
Foreign currency transfer services are also provided by banks, through the domestic foreign
currency transfer systems.
(b)
Post Office
The Post Office provides payment services similar to those of banks, in accordance with the
Post Office Deposits and Insurance Act. Since 1995, a broad range of services have been
provided by the Post Office through the RPSs operated by the KFTC.
(c)
Federations of non-bank credit institutions
Federations of non-bank credit institutions are permitted to provide funds transfer services
under the applicable special laws. Having participated in the RPSs and provided funds
transfer, cash deposit and cash withdrawal services since 2002, they started issuing their
own cashier’s cheques11 in 2008.12 However, they are required to process their net
settlement of RPS payments through settlement agent banks, given that the BOK cannot
provide liquidity to them and that these federations do not usually maintain sufficient funds in
their accounts with the BOK to meet daily net settlement needs, as they are not required to
deposit mandatory reserves at the BOK.13
(ré)
Financial investment companies
FICs with investment trading or investment brokerage business licences under the FSCM Act
have provided funds transfer services directly to individual customers since July 2009. They
are now able to send and receive their payment instructions through RPSs as RPS
participants.14 Meanwhile, to prevent settlement risk from increasing in line with the number
of FICs participating in the RPSs, they are required to process their net settlements through
settlement agent banks,15 in the same way as those of the non-bank credit institution
federations.
(e)
Credit card companies
Credit card companies issue credit cards based upon the credit status and expected future
income of card applicants; and also provide acquiring and processing services. Cartes de crédit
can be used not only for purchasing goods and services, but also for instalment purchases16
11
See Section 2.2.1 for more details.
12
Before 2008, federations of non-bank credit institutions were only able to use cashier’s cheques issued by
banks. The amendment of the relevant law granted them permission to issue cashier’s cheques by
themselves.
13
Under the BOK Act, the BOK can lend money to these federations only during times of severe monetary and
credit contraction.
14
Before February 2009, when the FSCM Act came into force, FICs were able to provide funds transfer services
only indirectly, through banks.
15
See Section 3.3.5 (d) for a more detailed explanation.
16
In Korea, when consumers purchase goods or services using credit cards, they may sometimes choose
between two options: general purchase and instalment purchase. When they choose to make a general
CPSS – Red Book – 2011
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and cash advances. Credit card companies also issue debit cards (based on strategic
partnerships with the banks where cardholders have their accounts), and prepaid cards.
(f)
Issuers of electronic money and other electronic prepayment instruments
Issuers of electronic money (e-money) and electronic prepayment instruments17 provide
payment services by issuing certificates with electronically stored monetary values. Issuers
of e-money must be approved by the Financial Services Commission (FSC), and issuers of
electronic prepayment instruments must register with the FSC.18 As of the end of 2009, three
kinds of e-money and 13 kinds of electronic prepayment instrument exist.
(g)
Mobile telecommunications companies
Mobile telecommunications companies in Korea offer mobile banking services in partnership
with banks, providing users with access to the internet banking services of financial
institutions through mobile devices such as mobile phones. Mobile banking services are
delivered by mobile telecommunications companies that provide wireless funds transfer
platforms which make internet banking services available via mobile phones. The rest of the
funds transfer process is conducted by the banks in the same way as for internet banking
services. In order to use mobile banking services, users must apply for internet banking
services, since the services are provided through the Electronic Banking System operated by
the KFTC.
Mobile telecommunications companies also provide mobile payment services. A customer
having a mobile phone equipped with a special chip is able to make purchases (usually for
public transport) via the phone, and the charge is made to the mobile phone bill.
1.3.3
Other related authorities and commissions
(une)
Financial Services Commission
The FSC serves as a policymaking body for matters pertaining to supervision of the financial
industry as a whole for the purpose of protecting the integration of Korea’s financial markets
by promoting a sound credit system and fair business practices. The FSC drafts and amends
financial laws and regulations; it also issues regulatory licences to financial institutions.
Regarding payment and settlement systems, the FSC regulates system operators including
the KRX, KSD, the federations of non-bank credit institutions, and most providers of payment
services including banks, financial investment companies, non-bank credit institutions, etc.
(b)
Financial Supervisory Service
The FSS acts as the executive supervisor for the FSC, and principally carries out
examination of financial and other related institutions along with enforcement and other
oversight activities as directed or charged by the FSC. The financial institutions including
banks, non-bank credit institutions, financial investment companies, credit card companies,
etc, and other related institutions including the KRX and KSD are supervised by the FSC.
purchase, they must pay the charge for their purchase at once on the following due date. When choosing the
instalment option, however, they may pay for the goods and/or services purchased at regular intervals,
usually three to 12 months.
17
The ETF Act classifies electronic prepayment methods into e-money and other electronic prepayment
instruments, in accordance with their convertibility to cash and their range of usage. See Section 2.2.4 for a
more detailed explanation.
18
See Section 2.2.4 for more details.
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(c)
Committee on Financial Informatisation Promotion
The Committee on Financial Informatisation Promotion (CFIP) is a private consultative group
that focuses on financial informatisation. It comprises the BOK, the banks, the KFTC, the
KDIC, the Korea Securities Computer Corporation, the Korea Credit Guarantee Fund, etc.
The CFIP deliberates on matters related to the selection of cooperative business projects,
the standardisation of work involved in financial informatisation and security for financial
information networks. It led the establishment of such financial networks as the ATM
Network, the Interbank Remittance System and the Electronic Banking System. Récemment, le
CFIP has worked on building international networks for ATM systems, on replacing magnetic
stripe (MS) cards with integrated circuit (IC) cards, and on preparing mobile banking systems
for smartphone use.
2
Payment media used by non-banks
2.1
Cash payments
In accordance with Article 47 of the BOK Act, the BOK currently issues banknotes in four
denominations – KRW 1,000, KRW 5,000, KRW 10,000 and KRW 50,000 – and coins in six
denominations – KRW 1, KRW 5, KRW 10, KRW 50, KRW 100 and KRW 500.19 Most of the
currency issued consists of banknotes. As of the end of 2009, banknotes of KRW 10,000 and
higher values accounted for 88.9% of the total notes in circulation, with the
KRW 50,000 notes accounting for 26.6%. Even though cash is still widely used in Korea, its
share in total payments has been on the decline since the 1990s, owing to the rapid take-up
of credit cards.
2.2
Non-cash payments
2.2.1
Cheques and bills
Cheques and bills were formerly the most popular non-cash payment instruments, used
mainly by companies. With the development and take-up of electronic payment instruments
such as online funds transfer and payment cards, however, the share of cheques and bills in
total payments has been on the decline since 2000.
Bills are usually used as a credit facility or payment instrument between companies. Most are
promissory notes, which are certificates by which the issuer, as a debtor, promises to pay a
certain amount of money to the note recipient. Promissory notes are used mainly in business
transactions or financing loans between financial companies. Even though bills of exchange
are also used in Korea, their total volume and value are negligible.
The cheques currently in use in Korea consist of cashier’s cheques and current account
cheques (corporate cheques). A cashier’s cheque is drawn by a bank on itself: the bank
secures settlement money for the cheque and deposits it into a separate account before
issuance. In addition to blank cheques, there are three types of preset-value –
KRW 100,000, KRW 500,000 and KRW 1,000,000 – cashier’s cheques used in Korea, of
which the KRW 100,000 denomination is the most popular (account holders with ATM
cards,20 or credit/debit cards with ATM card functions, can deposit cashier’s cheques through
19
The KRW/USD exchange rate was 1,164.50 at the end of 2009.
20
Also called bank cards or cash cards.
CPSS – Red Book – 2011
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ATMs, and even withdraw funds in the form of cashier’s cheques). However, their share in
total payments is now falling, owing to the recent expansion of electronic payments and the
issuance of KRW 50,000 notes from June 2009.
A current account holder with a bank may issue current account cheques. Current account
cheques, drawn on the credit statuses of their issuers, are used mainly by companies of
good credit standing to pay for business transactions, taxes, use of public utilities, etc.
Individuals may also issue current account cheques, but they rarely do so in Korea.
Table 2
Cheque and bill clearing figures
Daily averages, in billions of KRW
2006
2007
2008
2009
5,431
8,059
9,931
8,172
15,355
16,018
17,263
16,846
Bills
Cheques
2.2.2
Funds transfers
A funds transfer enables a payer to transfer funds to a payee’s account without any
exchange of cash or cheque. Funds transfers in Korea include credit transfers and debit
transfers, in which funds are transferred on the payment orders of the payer and the payee,
respectivement.
(une)
Credit transfers
Credit transfers are available through BOK-Wire+ and various retail payment systems. Largevalue funds transfers between financial institutions are made through BOK-Wire+, while most
small-value funds are transferred mainly through retail payment systems including the Giro
System, Interbank Remittance System, ATM Network, CMS (Cash Management Service)
System and Electronic Banking System.
Companies or public corporations making large-volume payments can use the giro direct
deposit service or the CMS credit transfer service. These services enable payers to transfer
funds using giro direct deposits to recipient accounts with any banks across the country via a
single bank account. Meanwhile, credit transfers for general-purpose payments (carried out
irregularly between individuals) are executed through the Interbank Remittance System, the
Electronic Banking System and the ATM Network.
The interbank remittance service allows bank customers, whether or not they have bank
accounts, to remit funds from any branch teller window to any recipient account regardless of
its bank affiliation. The recipient can withdraw the money immediately after the payer has
sent it using this service.21 The funds transfers between banks arising in the process are
settled through BOK-Wire+ on the next business day. Service hours are the normal bank
teller window operation hours, from 09:00 to 16:00. The maximum one-time transfer limit is
KRW 100 million.
Senders can also use internet or mobile banking services provided through the Electronic
Banking System to initiate credit transfers. Internet banking service hours extend from 00:05 to
21
There is typically no automatic notification of recipients, who must check their bank account balances.
220
CPSS – Red Book – 2011
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23:55, and the one-time and daily transfer limits are KRW 100 million and KRW 500 million
respectively for individual customers, and KRW 1 billion and KRW 5 billion for corporate
customers. Mobile banking services, allowing customers to access their bank accounts with
mobile devices via wireless internet, have been provided since 1999. Recently, with the sharp
increase in the number of smartphone users, mobile banking has gained ground rapidly.
Credit transfer can also be initiated from ATM terminals. When the system was first
introduced, funds transfers were allowed only within the same bank. Funds transfers to other
banks through ATMs then became available in 1994, and customers were allowed to access
their own accounts through the ATMs of other banks in 1996. The service hours of ATM
terminals extend from 00:05 to 23:55, 365 days a year. For safety, banks may set withdrawal
and transfer limits for individual customers, up to the maximum values determined by the
FSC.
The Internet Giro System, which is a type of electronic bill presentment and payment system,
has been in operation since March 2000 and can be used to initiate credit transfers. Plusieurs
billing institutions deliver bill details to the KFTC, which notifies the payers of the details via
the internet. Bills can also be paid via the internet. By using this service, billing institutions
can make substantial savings in printing and mailing costs, and payers can also save time by
making payments via the internet without the need to visit bank branches or ATMs.
(b)
Debit transfers
The giro direct debit service and CMS debit transfer service are used mainly to automatically
transfer funds from a payer’s bank account to a payee institution’s account in accordance
with advance agreements between the payer, the payee and the financial institutions
involved, without further instruction or action by the payer.
Tableau 3
Funds transfer figures, by type of transfer
Daily averages, in thousands of transactions and billions of KRW
2005
2006
2007
2008
2009
Crédit
transfert
Volume
Valeur
5,370
135,406
5,781
146,468
6,470
170,068
7,175
196,701
7,396
207,910
Débit
transfert
Volume
Valeur
9,977
135,785
11,062
146,918
12,251
170,603
12,696
197,263
12,664
208,446
2.2.3
Payment cards
(une)
Cartes de crédit
Credit cards, first introduced in Korea in 1969, are used most widely in small- to mediumvalue transactions. In the early days, credit cards were allowed only for purchases of goods
and services. An ATM card function was added in 1986. The range of services offered to
credit card holders has increased ever since, and now includes cash advances, revolving
credit and deferred payment-type public transport cards. Recently, mobile credit card
services (allowing users to store their credit card information on IC chips installed in their
CPSS – Red Book – 2011
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mobile phones) have started to allow users to make contactless payments via mobile phone.
Credit cards are the most widely used card-type payment instrument in Korea.
In Korea, 11 domestic credit card brands are currently issued, by banks and specialised
credit card companies.22 In addition, five foreign brands are also accepted. Cardholders pay
no fees on credit card transactions, their annual membership fees excepted, while merchants
accepting credit cards must pay merchant discount fees. The average merchant discount fee
was 2.2% at the end of 2009. Since the Korean credit card payment system is a three-party
card payment system, there is no interchange fee.
Table 4
Credit card payment volumes and values
Daily averages, in thousands of transactions and billions of KRW
Volume
Valeur
(b)
2005
2006
2007
2008
2009
7,311
8,574
9,514
11,363
13,370
988
1,016
1,106
1,250
1,278
Debit cards
Second in popularity behind credit cards are debit cards. Debit cards were in the past used
mainly by people who were ineligible for credit cards, since they were no cheaper23 and
provided fewer bonus rewards than credit cards. Recently, however, an increasing number of
people have been using debit cards, mainly because many Koreans have begun to think that
using debit cards (instead of credit cards) helps prevent unnecessary purchases and impulse
consumption, since debit card usage is restricted by the amount of money in a cardholder’s
account.
Table 5
Debit card payment volumes and values
Daily averages, in thousands of transactions and billions of KRW
Volume
Valeur
2005
2006
2007
2008
2009
545
908
1,405
2,033
2,877
22
34
52
73
100
Two kinds of debit card are currently used in Korea – PIN-based and signature-based – with
signature-based cards predominant. Signature-based debit cards are issued by credit card
companies. Since the service is provided through the credit card networks, cardholders can
use them anywhere the relevant brands of credit card are accepted. Meanwhile, only local
banks issue PIN-based debit cards, and purchases made with them are processed through
22
Korean banks and specialised credit card companies issue credit cards that carry the logo of foreign card
companies as well as their own. When such credit cards are used in Korea, they are treated as Korean-brand
credit cards. However, when used abroad, they are treated as foreign-brand credit cards.
23
No transaction fees are charged to either credit or debit card users.
222
CPSS – Red Book – 2011
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the EFTPOS24 network provided by the KFTC. PIN-based debit cards are not widely used in
Korea due to the shortage of sellers accepting them and the restricted service hours of the
network (08:00 to 23:00).
(c)
Prepaid cards
Introduced in September 1994, prepaid cards are not widely seen in Korea. They are used
mainly at filling stations, department stores, convenience stores, etc. The issuance of prepaid
cards is currently very low, as they are not well promoted and few merchants accept them.
Credit card companies have recently started issuing prepaid gift cards, which allow users to
purchase goods or services up to the prepaid amounts.
Table 6
Prepaid card payment volumes and values
Daily averages, in thousands of transactions and billions of KRW
2005
2006
2007
2008
2009
Volume
30
42
53
57
82
Valeur
1.4
2.0
2,5
2.8
3,5
2.2.4
Other payment media
Other media used in Korea include electronic money25 (e-money), electronic prepayment
instruments and electronic bills.
Banks, non-bank credit institutions and credit card companies may issue e-money without
the approval of the FSC, while other institutions need approval to do so. Three types of
e-money are currently issued in Korea, all used mainly for public transport.26
Meanwhile, other electronic prepayment methods, similar to e-money but with convertibility
into cash and a range of usage far below those of e-money, are classified as “electronic
prepayment instruments” in Korea.27 Banks, non-bank credit institutions and credit card
companies may issue electronic prepayment instruments without registering with the FSC,
while other issuers may do so only after such registration. There are two types of electronic
prepayment instrument: the IC card-type and the network-type. The IC card-type electronic
prepayment instrument is used mainly to pay for public transport, and the network-type28 for
payment for goods and services purchased online.
24
Electronic funds transfer at point of sale.
25
The EFT Act defines e-money as a certificate or the information on such a certificate with transferable
monetary values stored and issued in electronic form.
26
The three types of e-money are not interoperable. As a result, public transport service providers accept only
the e-money with which they are affiliated.
27
In accordance with the EFT Act, e-money can be exchanged into cash at any time regardless of the balance,
but exchanging electronic prepayment instruments into cash may take some time, and the cash exchanged
into may be a smaller amount than the face value. E-money must, in addition, be usable in at least five
business fields, but for electronic prepayment instruments two business fields will suffice.
28
Network-type electronic prepayment instruments store monetary values in network databases which are
accessed online for transaction approvals.
CPSS – Red Book – 2011
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Table 7
E-money and electronic prepaid instrument
payment volumes and values
Daily averages, in thousands of transactions and billions of KRW
2005
2006
2007
2008
2009
E-money
Volume
Valeur
422
0.33
438
0.31
352
0.29
298
0,25
289
0,25
Electronic prepaid
instruments
Volume
Valeur
n / a
n / a
n / a
n / a
n / a
n / a
9,860
11.3
12,071
15.0
Electronic bills are simply promissory notes in electronic form. The information on a bill (as to
its issuer, recipient, amount, etc) is stored electronically, and its issuance, receipt,
endorsement and repayment are carried out online. Corporations subject to outside audits29
have been required to use electronic bills exclusively since November 2009.
2.3
Recent developments
Recently, developments in information and communication technology (ICT) have facilitated
the use of paperless payment methods in Korea. Paper-based (excluding cash) payments
accounted for 43% of retail payments in 2009, compared with 48% in 2005, while the portion
of paperless payments accordingly increased from 52% to 57%.
The use of ICT in banking has made rapid progress. The UbiTouch service, a kind of
electronic banking service launched in September 2008, allows customers to use any ATM
providing the UbiTouch service, regardless of bank affiliation, by means of a mobile phone
with a USIM chip containing account information.
Demand for smartphone banking services has also increased recently. In order to meet this
demand, several banks are building systems for smartphone banking services – either
individually or jointly. In particular, the BOK is leading a joint smartphone banking system
project in which the KFTC and 13 commercial banks are participating. As a result, customers
are now able to make funds transfers and to check their account balances.
3
Interbank funds transfer systems
3.1
General overview
Interbank funds transfer systems in Korea consist of one large-value payment system
(LVPS) and several retail payment systems (RPSs) and foreign currency funds transfer
systems (FCFTSs).
BOK-Wire, the LVPS, owned and operated by the BOK, was introduced in December 1994.
Through this system, the BOK provided a funds transfer service via participants’ current
accounts with the BOK. In November 1999 the BOK began also providing a delivery versus
29
In accordance with the Act on External Audit of Stock Companies, a corporation having assets totalling more
than KRW 10 billion, or listed on the KRX, must be audited by an external auditor.
224
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payment (DVP) service for securities settlement, and in December 2004 CLS was granted
access to a current account with the BOK as well as to BOK-Wire in order to enable PVP
service for FX settlement involving KRW. In its early days, BOK-Wire processed funds
transfers based solely on its real-time gross settlement (RTGS) mechanism. However, as the
BOK-Wire settlement volume surged, the liquidity burdens on participants increased. In May
2005, the BOK therefore launched a four-year project to develop a new system (BOK-Wire+),
which would not only use the pre-existing RTGS mechanism but also apply a hybrid
settlement mechanism.30 BOK-Wire+ has operated stably since its launch in April 2009.
Most retail payment systems in Korea are operated by the Korea Financial
Telecommunications and Clearings Institute (KFTC). They provide a wide range of services,
including funds transfers between individual customers and large-volume corporate funds
transfers.
Several major local banks operate the FCFTSs. By using FCFTSs, financial institutions are
able to make foreign currency funds transfers in real time, which is not always possible via
overseas correspondent banks. FCFTSs also help their participants manage their liquidity by
providing them with intraday credit.
3.2
Large-value payment system
3.2.1
Institutional framework
The Monetary Policy Committee (MPC) is the BOK’s ultimate decision-making body on its
monetary policy. It decides on basic matters concerning the operation and management of
the payment and settlement system. The BOK then sets the detailed standards applying to
all participants, including the rights and responsibilities of the BOK, in line with the basic
principles for BOK-Wire+ operation.
3.2.2
Participation
In order to use BOK-Wire+, institutions must maintain current accounts with the BOK31 while
also fully satisfying the following requirements: financial soundness, adequate numbers of
staff dedicated to BOK-Wire+ operations, and sufficient expected usage volumes.32 Such
requirements are determined by the Governor of the BOK, based on principles laid down by
the MPC. The BOK annually checks whether member institutions meet these requirements,
and those failing to do so are requested to take corrective measures, withdraw from
membership or terminate the relevant contracts.
The number of BOK-Wire member institutions rose steadily in the past, from 115 in 1994 to
158 in 1997. After the Asian financial crisis in the late 1990s, however, the number dropped,
due mainly to active financial sector restructuring, and as of the end of 2009 it was 129
(53 banks and 76 non-banks).
30
A hybrid settlement system is a payment system which combines the characteristics of an RTGS system and
a netting system, by adding bilateral and multilateral offsetting features to the RTGS system.
31
BOK rules allow banks (local and foreign), insurance companies, securities dealers and brokers, government
agencies and CLS Bank to open current accounts with the BOK.
32
Currently, a minimum of six staff and 50 transactions per month.
CPSS – Red Book – 2011
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3.2.3
Types of transactions
Funds transfer services provided through BOK-Wire+ include general funds transfers,33
interbank short-term lending/borrowing, third-party funds transfers, the cash legs of DVP
settlement, the KRW legs of CLS settlement and RPS net settlements. BOK-Wire+ is also
used for the implementation of BOK monetary policy operations as well as for the issuance
and redemption of government and other public bonds.
3.2.3.1 Main business
General funds transfers between participants’ accounts at the BOK are the most important
service carried out by BOK-Wire+. The supply and repayment of short-term interbank
lending/borrowing across participants’ BOK accounts, in order to adjust temporary liquidity
excesses or shortages, are done through BOK-Wire+. Third-party funds transfer allows an
individual or a business to make a large-value funds transfer through a BOK-Wire+
participant promptly and safely. The DVP service conducted through BOK-Wire+ ensures
that a buyer’s payment for securities is made at the time of delivery through KSD (security
delivery and payment are simultaneous). Through BOK-Wire+, participants are able to settle
the KRW legs of their foreign exchange transactions using the PVP service provided by CLS
Bank, which eliminates the principal risk of foreign exchange transactions. BOK-Wire+ also
provides settlement services for transactions netted in the RPSs. Such payments include
transfers between the current accounts of the participants concerned at designated times.
BOK-Wire+ is also a pivotal monetary policy transmission channel, as market participants
secure intraday overdrafts from or engage in repurchase transactions with the BOK.
3.2.3.2 Ancillary business
As the bank for the Korean government, the BOK collects treasury funds (taxes, fines, etc)
received by financial institutions through BOK-Wire+ and carries out public and government
bond-related activities, including issuances and registrations of rights of pledge, transfers of
title, redemptions at maturity and repurchases before maturity. BOK-Wire+ is also used by
the BOK to receive applications for loans and to grant loans.
3.2.4
Operation of the system and settlement procedures
The online operating hours of BOK-Wire+ are 9:00–17:30 from Monday to Friday. The BOK
may extend these hours temporarily if deemed necessary due to error in the BOK-Wire+
system, delays or concentrations of funds settlement, or any other unavoidable
circumstances.
3.2.4.1 Settlement system, by transaction
The BOK-Wire+ settlement procedures are sub-classified into those using the RTGS system
and those using the hybrid system with its bilateral and multilateral offsetting features added
to the RTGS system. Participants hold two types of accounts with the BOK – current
accounts and deposit accounts for settlement. The former are used for transactions carried
out through the RTGS system, and the latter for those through the hybrid system.
Funds transfers involving BOK loans, government and public bond transactions, CLS
settlement and RPS net settlement are handled through the RTGS system, while those
related to general funds transfers, short-term interbank lending/borrowing and DVP
settlements are dealt with through the hybrid system.
33
The transfer of funds between accounts not connected to any underlying transactions such as securities or
foreign exchange.
226
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Table 8
Settlement systems and applicable transactions
Settlement system
(settlement account)
RTGS system
(current account)
Applicable transactions
 CLS funds transfers
Settlement
mécanisme
RTGS
 Designated-time net settlements
 Issuances and redemptions of government and
public bonds
 BOK loans
 Funds transfers between participants after 17:30
to repay intraday overdrafts1
Hybrid system
(deposit account for
settlement)

General funds transfers (including third-party
funds transfers)

Short-term interbank lending/borrowing
RTGS, bilateral
and multilateral
compenser
 DVP transactions (including BOK repo
transactions)
1
Funds transfers between participants for repayment of intraday overdrafts are allowed until 17:50.
3.2.4.2 Types of payment instructions
The payment instructions of BOK-Wire+ are divided into “Urgent payment instructions” and
“Normal payment instructions”. Urgent payment instructions are settled immediately on a
one-to-one and gross basis, provided there is a sufficient balance to cover settlement. Ce
type of instruction is used in cases where payment must be made immediately or there is
little scope for simultaneous offsetting. If the balance does not suffice to cover the relevant
transaction, the system holds the payment instruction in a queue until the necessary funds
are deposited or other conditions necessary for bilateral or multilateral settlement are
satisfied.
Should a payment not need to be made urgently, a participant can save liquidity by
classifying the payment as a normal payment instruction. In this case settlement is not
processed immediately, even if the funds in the relevant account are sufficient. Plutôt,
payment is made on a simultaneous bilateral settlement basis34 at a time when the
instruction of the relevant counterparty is input into the system, or by multilateral settlement,
which occurs every 30 minutes. At 17:05, all normal payments are switched into urgent
Paiements.
3.2.4.3 Bilateral and multilateral settlement
When a new payment order is input into the BOK-Wire+ hybrid system, the system retrieves
the order of the counterparty from its queue file and attempts to carry out simultaneous
bilateral settlement. In the case of simultaneous bilateral settlement, urgent payment
instructions are in principle processed ahead of normal payment instructions. Cependant, le
34
Technically, simultaneous bilateral settlement is not netting. In legal terms, settlement is gross (ie the
individual obligations are not replaced by a net obligation) but it has the economic effect of netting payments
because the gross payments are made simultaneously.
CPSS – Red Book – 2011
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normal payment instructions of a participant to which liquidity flows as a result of a
simultaneous settlement can be processed prior to urgent payment instructions. S'il y a un
lack of funds or the net payment limit is exceeded as a result of simultaneous bilateral
settlement of a normal payment instruction, the payment order is not processed but saved in
a queue file. For such files, simultaneous multilateral settlement is attempted every
30 minutes, while payment instructions satisfying the settlement condition requirements,
related for example to deposit balances and net payment limits, are processed
simultaneously.
3.2.4.4 Queuing arrangement
Payment order processing methods differ in the RTGS and the hybrid systems of BOKWire+. To heighten funds transfer efficiency, the RTGS system processes payment orders in
accordance with a bypass FIFO35 rule. Under this rule, the system attempts to process the
first transfer in a queue, but when this cannot be done due to a lack of funds, the next
transfer is instead settled. The hybrid system, on the other hand, allows participants to adjust
their own payment orders’ positions in the queue in accordance with settlement conditions, or
to change the types of their payment orders in the queue. Under this system, participants can
change normal into urgent payment orders and vice versa.
Chart 1
Bilateral and multilateral settlement mechanism
35
First in, first out.
228
CPSS – Red Book – 2011
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3.2.4.5 Designated-time transaction system
The large-value funds transfer transactions that financial institutions apply for through BOKWire+ during the day are in principle processed upon receipt, in accordance with preset
procédures. However, netted RPS settlements, redemptions of short-term loans with
specified maturities and receipts of treasury funds from financial institutions are all processed
at specific designated times during the day.
Table 9
Designated-time transactions
Type
Temps
Net settlement of RPS1
11h00
Receipt of treasury funds
14:00
Compte
Current account
Repayment of
emprunt de courte durée
1
Half-day loans (mornings)
14:05
Half-day loans (afternoons)
16:05
Overnight or longer-term loans
11:05
Deposit account for
règlement
Net settlement of clearing transactions through clearing houses outside Seoul is carried out at 14:00.
3.2.5
Risk management
To reduce the credit risk involved in settlement, the BOK adopted the RTGS system when
launching BOK-Wire. The related laws and regulations were also amended so as to prevent
settlement finality from being impaired and to mitigate any legal risks. The Debtor
Rehabilitation and Bankruptcy Act, which came into effect from April 2006, stipulates that
bankruptcy procedures shall not affect transactions which are completed through BOK-Wire,
thereby ensuring the finality of BOK-Wire settlement.
To facilitate smooth settlement among participants and reduce liquidity risk, the BOK extends
intraday overdrafts to participant banks that are temporarily short of settlement funds.
Overdrafts are provided only to financial institutions subject to the BOK’s minimum reserve
requirement, and interest (three-year treasury yield less overnight interbank rate) is charged
on overdrafts in amounts exceeding 25% of the equity capital of recipient institutions.
With the launch of BOK-Wire+ in April 2009, the intraday liquidity needs of participants were
significantly reduced, and liquidity risk in consequence declined. The new function of BOKWire+ has enabled participants to complete intraday settlement with lower liquidity, mitigating
settlement delays and gridlock as well as the accompanying systemic risks.
3.2.6
Prix
When using BOK-Wire+, participants pay fees determined by the BOK. Fees include a
monthly fixed fee and per-usage fees that can vary according to when the payment order is
entered. To encourage participants to enter their information early, the BOK applies discount
rates to transactions entered before 16:00 and higher rates to those entered between 16:00
and 17:30.
CPSS – Red Book – 2011
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Table 10
BOK-Wire+ service fee schedule
In KRW
Before 16:00
Fixed fee (monthly)
Fee per
transaction
1
Standard funds transfer
Cancelled transaction
16:00–17:30
After 17:301
100 000
150
800
500
800
4000
4000
Applicable to transactions made in extended hours.
3.2.7
Major ongoing and future projects
The BOK implemented a tiered participation model for BOK-Wire+ in June 2010. Through
tiering arrangements, indirect participants in BOK-Wire+ can send and receive large-value
payments as well as monitor their transactions through direct participants. To make this
scheme more effective, the BOK plans to tighten BOK-Wire+ membership requirements and
conduct an annual review of each participant’s membership eligibility. Institutions failing to
meet the requirements will be recommended to use the services through direct participants.
3.3
Retail payment systems
3.3.1
Institutional framework
Most retail payment systems in Korea are owned and operated by the KFTC.36 The KFTC is
a non-profit organisation set up on a joint ownership basis by member banks.37 The decisionmaking bodies of the KFTC consist of the General Meeting, the Board of Directors and the
Committee. The General Meeting is the supreme decision-making body and consists of
member banks. The Board of Directors, comprising nine directors, enacts and revises the
rules and regulations necessary for operating each RPS and makes decisions on the
function and operation of the Committee. The Committee, composed mainly of participants
selected as directors, decides on the details of business procedures, including operational
rules and detailed guidelines, for the businesses involved in each RPS.
3.3.2
Participation
A payment service provider can participate in the RPSs of the KFTC in two ways. First, it can
become either a general or an associate member of the KFTC, and then participate in any
KFTC-operated business. The other method is to become a special participant in one or
more specific businesses. Special participants, however, do not have the right to vote in the
General Meeting. The BOK and financial institutions under the Banking Act may become
general members, associate members or special participants, while other institutions running
financial or finance-related businesses are required to obtain approval of the General
36
The details of each system are laid out in Section 3.3.4.
37
All local banks are either general or associate members of the KFTC. The BOK is one of the general
members.
230
CPSS – Red Book – 2011
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Meeting to become special participants. Special participants include the Post Office, the
federations of non-bank credit institutions, foreign banks and FICs.
Approvals for participation in the RPSs operated by the KFTC, as well as expulsions, are
determined at the General Meeting. At the end of 2009, 11 general members, 10 associate
members and 43 special participants participated in the RPSs.
3.3.3
Types of transactions
The KFTC operates 11 RPSs, providing a wide range of payment services:

Cheque Clearing System

Giro System

CMS Systems

Interbank Remittance System

Bankline System38

ATM Network39

Electronic Banking System40

K-Cash Network

EFTPOS System

B2B E-commerce Payment System

B2C E-commerce Payment System
Cheque clearing services are provided through the Cheque Clearing System. The Giro and
CMS Systems enable companies and public corporations to make large-volume funds
transfers. Individual and corporate customers make funds transfers through the Interbank
Remittance System, the Bankline System (a regional bank shared network), the ATM
Network and the Electronic Banking System. The K-Cash Network is used for settlement of
e-money transactions, and the EFTPOS System for settlement of debit card payments. le
B2B and B2C E-commerce Payment Systems support online transactions between buyers
and sellers.
Meanwhile, the credit card companies operate several credit card payment systems for
settling credit card transactions.
3.3.4
Operation of the system and settlement procedures
As customers request funds transfers by means of a range of payment instruments during
the day, the KFTC calculates participants’ total intraday transactions in each system and
determines their multilateral net settlement obligations. It notifies the BOK and participants of
the results at prearranged times. The BOK then completes settlement by conducting funds
transfers across BOK-Wire+ participants’ accounts with the BOK at the proper designated
38
The Bankline System connects the computer network systems of regional banks though the KFTC, to allow
regional bank customers to access banking services through all regional bank branches.
39
The ATM Network is the name of the Korean ATM network.
40
The Electronic Banking System is an expanded and revised version of the Automatic Response Service (ARS)
system launched in 1984. It serves as an intermediary for electronic banking services such as ARS,
telebanking, internet banking and mobile banking.
CPSS – Red Book – 2011
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net settlement times. The details of the settlement procedures in several major RPSs are as
suit:
(une)
Cheque Clearing System
Both electronic and physical exchanges of cheques and bills are currently available in Korea.
As of the end of 2010, however, the exchange of cheques has been carried out only through
truncation.41 With this method, banks receiving cheques (the payees’ banks) reproduce the
images and text information of the cheques and send them to the KFTC. Based upon the
information received, the KFTC determines participants’ balances with each bank and
requests net settlement by the BOK at 11:00 on day T+1.
Where there is an insufficient balance in a payer’s account for cashing the cheque or bill, the
payer’s bank notifies the payee’s bank no later than 14:00 on day T+1. The payee of such a
cheque is then not allowed to withdraw the funds until the issuer deposits sufficient money.
When there is no such notification, funds are credited to the payee’s account after 14:20 on
day T+1. If the issuer of the cheque for which notification is given fails to deposit the relevant
amount in his account by the end of business hours on day T+1, the cheque is classified as
dishonoured and re-settled through the following day’s cheque clearing process.
(b)
Giro System
The settlement procedures for the Giro System differ depending on whether the giro bill
concerned is paper-based or paperless. In the case of traditional paper-based credit
transfers, the giro bills paid by customers are delivered to the KFTC on day T. After
processing the bills, the KFTC sends the payment details to the payees’ banks and the
payees (T+1). Settlement obligations are calculated on a multilateral basis and the KFTC
notifies them to the BOK before 10:00 on day T+2. Settlement takes place at 11:00 on
day T+2.
In the case of the electronic giro service, settlement procedures vary according to the service
type. An institution receiving funds through direct debit notifies the KFTC (T–1) of the
preauthorised debit details. The KFTC sends the information to the payer’s bank on the
same day, and the payer’s bank withdraws the relevant funds from the payer’s account on
the following day (T) and then notifies the KFTC (T+1). Net settlement obligations are
calculated and sent to the BOK on day T+3, and the payee’s bank credits the relevant funds
to the deposit account of the payee on that day.
Companies using direct deposit services provide the related information including recipient
account numbers and amounts to the KFTC at least two days before the due date (T–2).
After classifying and grouping all notices in accordance with the payees’ banks, the KFTC
sends credit details to the payees’ banks on day T–1, and the payees’ banks credit the
relevant amounts to the payees’ accounts on the following day (T). Net settlement obligations
are calculated on a multilateral basis and notification is made to the BOK for final settlement
on day T.
(c)
Interbank Remittance System
A funds transfer instruction submitted by a payer at a bank teller window is sent to the KFTC,
which in turn transmits the instruction to the payee’s bank through the Interbank Remittance
System. Upon receiving the instruction, the payee’s bank credits the amount to the payee’s
account. The KFTC then calculates the net settlement obligations on the following business
day and requests net settlement by the BOK.
41
Electronic information exchange.
232
CPSS – Red Book – 2011
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(ré)
ATM Network
Where a customer withdraws cash through the ATM terminal of another bank, the details of
the withdrawal are sent to the bank with which the customer holds his/her account
(customer’s bank). On receiving the information, the customer’s bank verifies the payment
request and sends a payment approval message to the bank to which the ATM belongs. le
customer can then immediately withdraw cash through the ATM. The KFTC calculates the
interbank net obligations, which are then settled through the BOK on the following business
day. Meanwhile, in-house transactions (ATM withdrawals at branches of a customer’s home
bank) are not routed through the ATM Network; they are processed within the bank.
When a customer requests a credit transfer via an ATM terminal, the KFTC and the payee’s
bank are notified of the details through the ATM Network, and the relevant funds are
immediately credited to the payee’s account with the bank. The KFTC calculates the net
settlement obligations and sends the information to the BOK on the following day to settle net
interbank obligations.
(e)
Electronic Banking System
Where a customer requests transfer of funds through internet banking, mobile banking or
telephone banking services, the details thereof are sent through the Electronic Banking
System to the KFTC and the beneficiary’s bank. The relevant funds are then immediately
credited to the beneficiary, and the interbank net obligations are settled through the BOK on
the following business day.
(f)
CMS
An institution receiving an insurance premium or a credit card payment using the CMS debit
transfer service requests the relevant withdrawal from the payer’s bank one day before the
due date, through the KFTC. The payer’s bank then debits the relevant funds from the
payer’s account on the due date, and interbank net settlement is carried out through the
accounts of the banks concerned with the BOK on a multilateral net basis on the next
business day. The payee’s bank credits the relevant funds to the institution’s account on the
business day following the due date. Transfer arrangements for pension or salary payments
through CMS credit transfer follow similar procedures.
(g)
Credit Card Settlement Systems42
When a customer purchases goods or services using a credit card issued by any of the
11 BC Card member banks, the details are sent to the bank that issued the card. Si la
issuing bank approves the transaction, the goods or services are provided to the customer.
The merchant then sends the sales slip to its bank, which will collect the payment from the
issuing bank through the clearing system and pay the merchant. The issuing bank then
sends a bill to the customer through BC Card.
Where a customer purchases goods or services using a credit card issued by a non-bank
credit card company, the details are sent to that company and the goods or services are
provided to the customer upon company approval of the transaction. After the transaction,
the merchant submits the sales slip to the credit card company, which pays the merchant
through its bank and sends a bill to the customer.
42
Transactions with signature-based debit cards, which are the predominant type of debit card in Korea, are
settled through the credit card settlement system described in this section. Those with PIN-based cards, the
less popular type of debit card, are processed and settled through the EFTPOS Network.
CPSS – Red Book – 2011
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3.3.5
Risk management
Funds transferred through some RPSs are immediately credited to the payees’ accounts,
and the related interbank net obligations are settled at the designated settlement times on
the following business day (T+3) through BOK-Wire+. If there were no proper settlement risk
management frameworks in place, therefore, a participant’s settlement failure could
represent a source of systemic risk. For this reason, the BOK implemented risk management
arrangements for the net settlement systems in September 1997, to ensure the completion of
net settlement even in the event of settlement failures of some participants. le
arrangements include net debit caps, collateral requirements, and loss-sharing arrangements
among participants. With FICs now able to provide funds transfer services through the RPSs,
the BOK has also developed a “net settlement agent arrangement” to prevent any resulting
increase in settlement risk.
(une)
Net debit caps
A net debit cap is a ceiling set on the permitted amount of a participant’s unsettled net
obligation, in order to mitigate settlement risk. If a participant’s unsettled net obligation
exceeds its cap during a business day, it is not allowed to send additional payment
instructions. RPSs in which net debit caps are applied include the ATM Network, the
Interbank Remittance System and the Electronic Banking System, where customers’
accounts are credited as soon as payment instructions are submitted, even before settlement
of the funds through BOK-Wire+ has taken place. Each participant can, at its own discretion,
determine its net debit cap. To prevent participants from setting their caps too high, the BOK
uses a participant's cap as the basis for calculating its required collateral amount.
(b)
Collateral requirements
Every RPS participant is required to provide securities as collateral against its possible
settlement failure. In the event of a participant’s default, the BOK can sell the participant’s
collateral securities or use them as collateral against BOK lending facilities to complete
settlement.
Securities eligible as collateral are limited to Korean government bonds, governmentguaranteed bonds and monetary stabilisation bonds.43 For transactions subject to net debit
caps the collateral requirement is equivalent to 30% of the cap, and for other transactions it
is 30% of the daily average net payment amount cleared during the immediately preceding
six-month period. The BOK assesses the market values of the collateral securities provided
by participants on a daily basis, and requires participants to provide additional collateral if
necessary to maintain collateral value.
(c)
Loss-sharing arrangements
If a defaulting participant’s collateral does not suffice to cover a settlement shortfall, all other
participants must collectively make up the uncovered position in order to finalise the
interbank net settlement. The allocation of participants’ shares in this process is calculated
according to the amount of their collateral. Once settlement through loss-sharing among
participants has been completed, the defaulting participant must repay the other participants
in accordance with their loss-sharing contributions, including interest determined in advance.
43
Monetary stabilisation bonds (MSBs) are issued by the BOK. They originated as a major tool of monetary
policy during the period when the volume of government and public bonds required for open market
operations remained insufficient. They are issued in different maturities ranging from 14 days to two years,
among which the two-year maturity constitutes the majority.
234
CPSS – Red Book – 2011
Corée
(ré)
Net settlement agent arrangements
FICs and the federations of non-bank credit institutions could pose relatively higher
settlement risks than banks, given that they are not required to provide reserves to the BOK
and therefore do not have sufficient funds in their BOK current accounts. To mitigate
systemic risk, the BOK therefore allows them to carry out net settlement only indirectly,
through agent banks. According to the contract between an FIC and its agent bank, the bank
guarantees the FIC’s obligation even when the FIC fails to make the relevant payment.
Potential settlement risks caused by FICs are in this way limited to the agent banks.
3.3.6
Prix
Each institution participating in the RPSs is required to pay a one-off membership fee as well
as annual fees to the KFTC. The membership fee is determined based upon the amount
each institution has invested to build the system, while the annual fees aim at fully covering
the maintenance and operational expenses arising from system use. These fees are applied
based on the individual RPS in which each participant takes part.
Each financial institution determines, at its own discretion, the fees applicable to its
customers using retail payment services. Customer fees vary depending on the financial
institution and the type of transaction concerned.
3.3.7
Major ongoing and future projects
Truncation of promissory notes and current account cheques exchanged through the Seoul
Clearing House began in October 2009, and for clearing houses in cities neighbouring Seoul
in December 2009. Nationwide deployment of truncation for promissory notes and current
account cheques was completed in November 2010.
Meanwhile, with a view to establishing cross-border ATM network arrangements, discussions
are taking place with central banks of countries with which Korea has active relationships.
Cross-border linkages between ATM networks will allow customers to withdraw cash abroad
more conveniently and at lower cost.44 Banks can expect higher revenues from overseas
cash withdrawal services combined with lower settlement liquidity burdens thanks to net
settlement of obligations. Various arrangements are envisaged to mitigate the specific risks
of cross-border ATM networks.
3.4
Foreign currency settlement systems
3.4.1
CLS system
3.4.1.1 Overview
Since 2004, when the KRW was designated a CLS-eligible currency, the CLS system has
provided PVP settlement services for foreign exchange transactions including the KRW
through direct links between BOK-Wire+ and other major RTGS systems around the world.
At the end of 2009, 14 local banks and 11 foreign bank branches in Korea were settling
foreign exchange transactions through the CLS system as third parties, using the services of
three major local banks that are direct CLS settlement members.
44
Currently, foreign cardholders in Korea and Korean cardholders abroad can withdraw cash only with cards
that are affiliated to the global ATM card companies (eg VISA, MasterCard). With the establishment of crossborder ATM networks, cash can be withdrawn with cards not affiliated to the global ATM card companies and
at lower service charges.
CPSS – Red Book – 2011
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3.4.1.2 Types of transactions
Conventional foreign exchange transactions, such as spot exchange, forward exchange and
swaps, are settled through the CLS system at present. Since December 2007, nondeliverable forward (NDF) settlement has also been done through the system.
3.4.1.3 Settlement procedures
CLS settlement member banks and third parties in Korea follow the same procedures used
worldwide to settle their transactions, while CLS Bank uses its current account with the BOK
to receive or discharge KRW funds. The settlement and funding period for Asia-Pacific
currencies, including KRW, is between 07:00 and 10:00 CET, which is from 14:00 to
17:00 Korean standard time.
3.4.1.4 Operation of the system
To facilitate safe and efficient KRW funds transfers between CLS Bank and its settlement
member banks, CLS Bank has been granted direct access to BOK-Wire+, as the only
institution allowed to access it remotely from overseas. Because BOK-Wire+ does not use
SWIFT (the standard communication network for CLS), the BOK has established the “CLS
Link System”, which converts SWIFT messages to/from CLS Bank into the proprietary
message format of BOK-Wire+.
3.4.1.5 Oversight of the system
The CLS system is subject to BOK oversight, as it is designated a systemically important
payment and settlement system. In addition to the BOK’s own monitoring and assessment of
the system on a regular basis, the BOK also participates in the CLS Oversight Committee for
cooperative system oversight together with the other central banks of the 17 CLS-eligible
currencies under the head oversight of the Federal Reserve Bank of New York.45
3.4.2
Domestic foreign currency funds transfer systems
3.4.2.1 Overview
Financial institutions in Korea, including local banks and foreign bank branches, process
foreign currency funds transfers related to small-value FX transactions or to purchases of
goods and services through FCFTSs operated by some major local banks (KEB, Kookmin
Bank, Shinhan Bank, etc).46
Due to international time differences, difficulties can arise when executing a foreign currency
funds transfer via an overseas correspondent bank within the same business day. Dans
contrast, the FCFTSs of domestic settlement banks can transfer foreign currency funds in
real time. A large number of banks have opened foreign currency current accounts in
FCFTSs. The FCFTSs also allow financial institutions to process payments, even when their
account balances are insufficient, using intraday foreign currency credit provided by the
settlement banks. Such credit can then be repaid overnight to the settlement banks through
their overseas correspondent banks. By settling through FCFTSs, financial institutions can
reduce their need for liquidity and avoid the fees imposed for execution of funds transfers
through overseas correspondent banks.
45
CLS cooperative oversight is governed by the Protocol for the Cooperative Oversight Arrangement of CLS,
which can be downloaded from the website of the US Federal Reserve.
46
These systems settle only the transactions of customers with accounts at the same bank.
236
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3.4.2.2 Types of transactions
FCFTSs typically provide real-time funds transfer services in as many as 20 currencies
including the USD, the EUR and the JPY. No specific restrictions are applied to the types of
transactions accepted in a system, which is usually used to process retail foreign exchange
or current transactions in relatively small values.
3.4.2.3 Operation of the system and settlement procedures
Settlement banks operate FCFTSs typically during their business hours from 09:00 to 17:00.
Instead of using a correspondent bank in the respective currency region, the sending bank
requests that the settlement bank operating an FCFTS settle the funds transfer and notify the
receiving bank. The settlement bank processes the foreign currency funds transfer by
debiting and crediting the sending and receiving banks’ foreign currency accounts with the
settlement bank.
If the sending bank’s foreign currency balance is insufficient to cover the funds transfer, the
settlement bank may provide an intraday credit facility within a certain limit. The bank
furnished with such credit must assign its correspondent bank to transfer the same amount
within the same business day to the settlement bank’s correspondent bank. If the repayment
is delayed, penalty interest at a rate agreed in advance between the settlement and the
customer bank may be imposed.
3.4.2.4 Risk management
Settlement banks that operate FCFTSs are exposed to risks associated with intraday credit
provision. For some currencies, settlement banks are unable to confirm until the following
business day whether intraday credit provided to the sending banks has been repaid to their
correspondent bank accounts overseas. Settlement banks are hence exposed to both credit
and liquidity risks during this time.
In order to mitigate these risks, settlement banks set varying limits on intraday credit for
participants, based upon their credit ratings, transaction frequencies and asset volumes.
The BOK has designated major FCFTSs as subject to its oversight, requiring that each
settlement bank provide it with statistics on a periodic basis and notify it of any major
changes made in system rules. The BOK also monitors and evaluates the systems and
encourages settlement banks to implement prudent risk management.
3.4.2.5 Pricing
In general, local banks do not impose fees for account opening, maintenance or transfer
services between themselves. However, participants need to pay fees when making
overseas transfers.
4
Systems for post-trade processing, clearing and securities
règlement
4.1
General overview
The securities settlement systems (SSSs) in Korea are operated by KSD, and the clearing
systems are operated by the KRX. The KRX also operates the KOSPI, KOSDAQ and
Derivatives Markets. Both stocks and bonds are traded in the KOSPI Market while only
stocks are traded in the KOSDAQ Market. In the Derivatives Market, options and futures
based on various underlying assets including stocks, stock indices, interest rates, currencies
and commodities such as gold and lean hogs are traded.
CPSS – Red Book – 2011
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Corée
The KRX, acting as a CCP, plays the role of clearing house for transactions conducted in the
markets it operates. KSD is a central securities depository and provides book-entry transfers
and a centralised depository. It also conducts settlement for floor-traded securities, as well as
clearing47 and settlement for those traded over the counter. The cash legs of securities
transactions are settled through the accounts held either with the BOK or with commercial
banks depending on the type of transaction.
Chart 2
Summary of securities trading, clearing and
settlement systems in Korea
1
Government bonds. 2 General bonds, including corporate and small-value
3
Settlement between KRX members (brokers) and non-member
government bonds.
institutional investors. See second paragraph of Section 4.4.4 for detailed explanation.
4.2
Confirmation system and trade repository
4.2.1
Institutional framework
Under the FSCM Act, the KRX provides confirmation of transactions made in the KRX
markets, while trade confirmation for OTC transactions is conducted by KSD. Information on
securities traded through the KRX markets is gathered and stored by the KRX; KSD stores
information on securities traded over the counter. However, there is no trade repository for
OTC derivatives in Korea.
4.2.2
Participation
In accordance with KRX membership regulations, only financial institutions (mostly FICs and
some banks) which have obtained investment trading business or investment brokerage
47
KSD provides trade confirmation services, but it is not regarded as a CCP for OTC transactions since it does
not assume its members’ settlement obligations.
238
CPSS – Red Book – 2011
Corée
business licences under the FSCM Act can be members. As of end-2009, 85 financial
institutions had obtained KRX membership.
Participants using KSD’s settlement system for their OTC transactions, in accordance with
KSD’s Regulation on Settlement Service for Securities, include banks, FICs, insurance
companies, asset management companies and pension funds. At the end of 2009, KSD had
240 members for bond transactions, 82 for repo transactions and 157 for stock transactions.
4.2.3
Types of transactions
The KRX conducts trade confirmation for stocks, bonds and derivatives listed on the KRX
marchés. Stock, bond and repo transactions conducted over the counter are confirmed by
KSD.
4.2.4
Operation of the system
When buy and sell orders for KRX-listed securities are placed on day T, they are matched
automatically by the KRX matching system, and the KRX corrects errors in transactions and
confirms them before 15:00 on day T+1.
Meanwhile, when a buyer and a seller enter into an agreement to trade bonds over the
counter, they provide notification of the trade details to KSD. KSD then confirms the
information and notifies the buyer and seller of final settlement details.
4.2.5
Prix
The KRX charges no specific fees for its confirmation service. Instead it charges for the
whole range of services it provides, which include trade matching, confirmation and clearing.
More details on the KRX fee policy are provided in Section 4.3.7. Similarly, KSD does not
charge any specific fees for its confirmation service.
4.3
Central counterparty and clearing system
4.3.1
Institutional framework
The KRX acts as a CCP for the trades conducted in the markets it operates. As the CCP, the
KRX assumes obligations, performs multilateral trade netting, and confirms settlement of
funds and securities in accordance with the FSCM Act. The KRX also guarantees settlement
of transactions conducted in the markets it operates, consequently reducing counterparty
risk.
The KRX is a corporation owned by 43 shareholder companies, mainly FICs. The FSC is
responsible for supervising KRX businesses. The KRX is required to obtain FSC approvals
for establishing or amending its membership and operational rules. The KRX’s clearing
systems are subject to BOK payment and settlement system oversight.
There is currently no CCP for OTC securities transactions in Korea.
4.3.2
Participants
See Section 4.2.2.
4.3.3
Types of transactions
The KRX is the CCP of the KRX markets including the KOSPI, KOSDAQ and Derivatives
Markets. The KOSPI Market is divided into the stock and the bond markets, and the bond
market is subdivided into two segments. In the first segment – the general bond market –
CPSS – Red Book – 2011
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Corée
corporate, and small-value government and public bonds are traded. In the second segment
– the government bond market – government bonds, monetary stabilisation bonds and KDIC
(Korea Deposit Insurance Corporation) bonds are traded.
Only stocks are traded in the KOSDAQ Market, while various options and futures are traded
in the Derivatives Market.
Table 11
Summary of securities trading, clearing and settlement through KRX
KOSPI Market
KOSDAQ
Marché
Derivatives Market
Stocks
Government bonds
Général
liens
Stocks
Options, futures
KRX
KRX
KRX
KRX
KRX
Banks
BOK
Banks
Banks
Banks
Settlement (securities)
KSD
KSD
KSD
KSD
-
Settlement day
T+2
T
T+2
T+1
Securities traded
Clearing agent
Settlement (funds)
DVP type
T+11
DVP3
DVP3
DVP3
DVP3
DVP3
Number of members2
61
85
85
61
63
1
2
Day T for repo transactions.
4.3.4
End of 2009.
Operation of the system
As the CCP for securities transactions made through the KRX markets, the KRX assumes
the obligations of its members. By means of multilateral netting, it determines the volume of
securities and the amount of funds to be submitted by each member. KRX members as well
as KSD are notified of the relevant details.
4.3.5
Risk management
To mitigate settlement risk for the Korean CCP, various risk management tools are
employed. If a participant defaults on its obligations, the KRX requires members to pay
margins (defaulter’s pay). KRX members must also contribute to a joint compensation fund
which makes good any losses not covered by the defaulters (survivor’s pay). The KRX uses
a part of its assets – its settlement reserve – to guarantee securities transactions between its
members. The order in which these resources are used is as follows:
1.
The margin funds from the defaulting participant
2
The defaulting participant’s contribution to the compensation fund
3
The remainder of the compensation fund
4
KRX’s line of credit and other assets including settlement reserve
240
CPSS – Red Book – 2011
Corée
In addition, only institutions satisfying certain requirements48 are eligible to be members and
carry out securities transactions in the KRX markets.
4.3.6
Links to other systems
For securities settlement, the KRX links its clearing systems with KSD’s settlement system
for securities settlement. There is currently no link with foreign CCPs or CSDs.
4.3.7
Prix
The KRX charges three kinds of fee for its services: a trading fee, a clearing and settlement
fee, and an access fee. Trading and settlement fees are charged to KRX members in
proportion to their transaction values, while connection fees are charged on a per-transaction
base. Fee policy is decided by the KRX Board of Directors.
4.3.8
Major ongoing and future projects
Since 2008, the financial supervisory authorities, the BOK and major market participants
have jointly discussed how to enhance the efficiency and safety of OTC derivatives market
activities in Korea. In the light of market growth and the lessons learnt from the recent global
financial crisis, the decision has been taken to build new infrastructure for the OTC
derivatives market, including a CCP and a trade repository. While the details are still being
discussed by a task force established in February 2010, the instruments most likely to be
subject to CCP clearing are interest rate swaps, credit default swaps and currency swaps.
The FSC plans to complete the legislative process by the end of 2012.
4.4
Securities settlement system
4.4.1
Institutional framework
KSD is the only Korean CSD. It is constituted as a special corporation under the FSCM Act.
In accordance with the Act, KSD provides a centralised depository for securities, and
securities settlement by book-entry transfer for floor-traded and OTC securities transactions.
The KRX is its major shareholder, and its depositors, which are banks and FICs, comprise
the other shareholders. The FSC is responsible for its supervision, and KSD requires FSC
approval for changes in its articles of incorporation and business rules. In accordance with
the BOK Act, the BOK oversees the settlement systems operated by KSD.
4.4.2
Participants
See Section 4.2.2.
4.4.3
Types of transactions
All securities, except for derivatives, traded on-floor or over the counter are settled through
KSD’s settlement systems. Derivatives transactions are meanwhile settled by the KRX, either
via cash settlement or physical delivery.
48
The requirements include appropriate financial soundness, IT infrastructure and human resources.
CPSS – Red Book – 2011
241
Corée
4.4.4
Operation of the system
Settlement procedures differ depending on the securities concerned. For stocks and bonds
traded on the KRX markets, the KRX notifies its members and KSD of the settlement details.
Members are required to transfer funds or deliver securities to KSD’s securities settlement
account or funds settlement account by no later than 16:00 on the settlement date.
Settlement dates are day T+2 for stocks, T+1 for government bonds and T for general bonds.
Only when both counterparties to a transaction have delivered their obligations (securities or
funds) to the accounts of KSD will KSD simultaneously transfer the securities and funds to
the members to complete settlement (DVP3 scheme).49
Where institutional investors such as asset management companies entrust conduct of
securities transactions to KRX members, such trades are accompanied by large-value
securities deliveries and funds transfers between KRX members and its institutional clients.
Therefore a settlement procedure exists for settlement between KRX members and its
institutional clients. When a KRX member enters into a transaction agreement through the
KRX markets according to the entrustment, the member notifies KSD of the details. KSD
then determines the settlement details based upon bilateral net settlement and notifies the
trading parties (the KRX member and clients) of the settlement information. Based on this
information, on T+2 the parties deliver the securities to their accounts with KSD and transfer
the funds to KSD’s account with the BOK during BOK-Wire+ business hours (currently
09:00–17:30). Once both parties complete their delivery of the securities and payment of the
funds, KSD initiates simultaneous settlement of the securities and funds under the DVP3
scheme.
Payment for derivatives transactions conducted between the KRX and its members is carried
out no later than 16:00 on day T+1, through the accounts held with commercial banks. dans le
case of physical delivery for gold futures, however, payment is made at 12:00 on day T+3
through the designated warehouse50 under a DVP3 mechanism.
For bond, certificate of deposit (CD) and commercial paper (CP) transactions made over the
counter, the trading parties must deliver the securities or make payment to the KSD
settlement accounts during BOK-Wire+ business hours on the settlement date, in
accordance with the notified details. Settlement occurs on day T+1 for bonds and day T for
CDs or CP. As soon as the trading parties have delivered their securities and funds to their
securities accounts with KSD and KSD’s account with the BOK, KSD simultaneously settles
the securities and funds – through the parties’ securities accounts at KSD and funds
accounts held with the BOK (DVP1 scheme).
OTC repo transactions are settled through the Institutional Repo Settlement System
operated by KSD. The settlement procedures for transactions in and redemptions of repos
are almost the same as those for bonds traded over the counter. The differences are that
settlement of repos takes place on the trade date (T), and daily calculation of collateral and
margin requirements is performed in order to maintain collateral value during the contract
period.
49
For a description of different DVP models, see CPSS, Delivery versus payment in securities settlement
systems, Basel, September 1992.
50
KSD is the designated warehouse at present.
242
CPSS – Red Book – 2011
Corée
Table 12
Summary of clearing and settlement through KSD
Des obligations
CDs, CP
Repos
Stocks1
Clearing
KSD
KSD
KSD
KSD
Settlement (funds)
BOK
BOK
BOK
BOK
Settlement (securities)
KSD
KSD
KSD
KSD
Settlement day
T+1
T
T
T+2
DVP1
DVP1
DVP1
DVP3
240
240
82
157
Securities
DVP type
Number of members
1
2
Stocks traded between KRX members and institutional investors.
4.4.5
2
End of 2009.
Risk management
KSD employs several risk management tools. First, by implementation of a DVP mechanism
linking KSD’s SSSs with BOK-Wire+, principal risk arising from the settlement of securities
transactions is substantially eliminated. Also, as final settlement of securities occurs no later
than T+2 (ie T+2 for stocks and T or T+1 for bonds), the volume of trade outstanding is
limited and aggregate market exposure mitigated. To reduce operational risk, KSD has a
recovery plan and runs a backup operating centre. It also limits its membership to institutions
satisfying certain requirements, related to eg financial soundness, human resources and IT
infrastructure. Lastly, KSD is subject to supervision by the FSS and the FSC, and its SSSs
are overseen by the BOK.
4.4.6
Links to other systems
KSD links its settlement systems with the KRX and the BOK for the settlement of the
securities leg and the funds leg of securities transactions conducted on-floor or over the
counter in Korea. In addition, KSD’s settlement systems are linked with two international
CSDs, Euroclear and Clearstream, and two global custodians, Citibank and State Street
Bank. Through these links, KSD provides depository and settlement services for foreign
securities. KSD currently provides such services for securities listed on 34 foreign securities
marchés.
4.4.7
Prix
Fees for settlement services provided by KSD are determined by KSD’s Board of Directors
and approved by the FSC. Fees consist of a settlement service fee and a deposit service fee.
The settlement service fee is calculated as a percentage of each transaction value, plus
KRW 500 per transaction. The deposit service fee is charged in proportion to the value of the
securities deposited.
4.4.8
Major ongoing and future projects
The BOK, KRX and KSD are working to enhance the SSSs in several ways, including
prevention of settlement delays or gridlocks caused by clashes between the different
settlement processes in the KRX and the OTC markets.
To that end, the BOK and clearing and settlement system operators developed in November
2009 a reform plan for upgrading the SSSs. While full details of the reform are not yet
CPSS – Red Book – 2011
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Corée
determined, some aspects include changing the settlement procedures for government
bonds and repo transactions in the KRX markets from DVP3 to DVP1, for earlier settlement,
and introducing a new scheme for intraday BOK liquidity provision using self-collateral
repos,51 to reduce the liquidity burdens on financial institutions caused by the changes in
settlement procedures. Details of the reform will be set out and put into effect from the
second half of 2011.
4,5
Use of the securities infrastructure by the BOK
The BOK uses the securities infrastructure in conducting its monetary policy operations. Il
carries out open market operations as and when necessary to influence the level of reserves
in the banking system and to manage the overnight interbank lending/borrowing rate. Celles-ci
operations are conducted in two ways: through the issuance of monetary stabilisation bonds,
and through securities transactions (outright sales and purchases or repo agreements). le
corresponding depository services are provided by KSD.
51
Under this scheme, the KRX and its FIC members can use the government bonds and monetary stabilisation
bonds they purchase as collateral against which they can obtain intraday liquidity funds from the BOK for
settling the transaction.
244
CPSS – Red Book – 2011
Payment, clearing and
settlement systems in
Mexico
CPSS – Red Book – 2011
245
Mexico
Contenu
List of abbreviations..............................................................................................................249
Introduction ...........................................................................................................................251
1.
Institutional aspects.....................................................................................................252
1.1
General institutional framework..........................................................................252
1.1.1 Institutions.................................................................................................252
1.1.2 General legal aspects ...............................................................................252
1.2
The role of the Bank of Mexico ..........................................................................253
1.2.1 Oversight...................................................................................................253
1.2.2 Provision of payment and settlement services..........................................255
1.2.3 Cooperation with other institutions............................................................256
1.3
The role of other private and public sector bodies .............................................257
1.3.1 Mexican Bankers’ Association ..................................................................257
1.3.2 Broker-Dealers’ Association......................................................................258
1.3.3 Ministry of Finance....................................................................................258
1.3.4 National Banking and Securities Commission ..........................................258
2
Payment media used by non-banks ............................................................................259
2.1
Cash payments ..................................................................................................259
2.2
Non-cash payments ...........................................................................................259
2.2.1 Credit transfers .........................................................................................259
2.2.2 Cheques....................................................................................................260
2.2.3 Direct debits ..............................................................................................260
2.2.4 Payment cards ..........................................................................................261
2.2.5 Postal instruments ....................................................................................263
2.2.6 Remittances ..............................................................................................263
2.3
3
Recent developments ........................................................................................263
Payment systems ........................................................................................................264
3.1
General overview ...............................................................................................264
3.2
Large-value payment systems ...........................................................................264
3.2.1 SPEI..........................................................................................................264
3.3
Retail payment systems .....................................................................................267
3.3.1 CCEN........................................................................................................267
3.3.2 ATM and POS networks ...........................................................................269
4
Systems for post-trade processing, clearing and securities settlement.......................271
4.1
General overview ...............................................................................................271
4.2
Central counterparties and clearing systems .....................................................272
CPSS – Red Book – 2011
247
Mexico
4.2.1 CCV.......................................................................................................... 272
4.2.2 ASIGNA.................................................................................................... 274
4.3
Securities settlement systems ........................................................................... 277
4.3.1 DALI ......................................................................................................... 277
4.4
248
Use of securities infrastructure by the Bank of Mexico...................................... 279
CPSS – Red Book – 2011
Mexico
List of abbreviations
ABM
Asociación de Bancos de México – Mexican Bankers’ Association
AMIB
Asociación Mexicana de Intermediarios Bursátiles – the brokerdealers’ association
ASIGNA
Asigna Compensación y Liquidación – a central counterparty for
dérivés
BMV
Bolsa Mexicana de Valores – the Mexican Stock Exchange
BMV Group
A holding company whose main operating subsidiaries are ASIGNA,
BMV, CCV, INDEVAL and MEXDER
CCEN
Cámara de Compensación Electrónica Nacional – National
Automated Clearing House. The retail payments automated clearing
maison
CCV
Contraparte Central de Valores – a central counterparty for
operations with equities
CCP
Central counterparty
CECOBAN
Centro de Cómputo Bancario – a bank-owned company that
operates CCEN
CLS
Continuous Linked Settlement
CLABE
Standard format for all bank account numbers, used in interbank
virements
CNBV
Comisión Nacional Bancaria y de Valores – National Banking and
Securities Commission
CSD
Central securities depository
DALI
Depósito, Administración y Liquidación – a securities settlement
système
EGLOBAL
A card transaction processor
INDEVAL
SD Indeval, Institución para el depósito de valores S.A. de C.V. -
The Mexican central securities depository
IPAB
Instituto para la Protección al Ahorro Bancario – the Mexican deposit
assureur
IPC
Índice de Precios y Cotizaciones – the representative Mexican stock
exchange index
MEXDER
Mercado Mexicano de Derivados – the Mexican Derivatives
Échange
MXN
Mexican peso
PROSA
Promoción y Operación, S.A. de C.V. – a card transaction processor
RNV
Registro Nacional de Valores – National Securities Registry
RTGS
Real-time gross settlement
SHCP
Secretaría de Hacienda y Crédito Público – Ministry of Finance
CPSS – Red Book – 2011
249
Mexico
SIAC
Sistema de Atención a Cuentahabientes de Banco de México – the
central bank system which provides liquidity and where participants’
current accounts are held
SIC
Sistema Internacional de Cotizaciones – the registry for securities
issued abroad that can be traded on the BMV
SICAM
Sistema para Liquidación de Cámaras – a system that clears
operations from CCEN
SPEI
Sistema de Pagos Electrónicos Interbancarios – the main real-time
Système de paiement
SSS
Securities settlement system
TIIE
Tasa de Interés Interbancaria de Equilibrio. – a market
representative rate, calculated by the central bank
TEF
Transferencia Electrónica de Fondos – CCEN’s deferred electronic
fund transfer system
UDI
Unidad de Inversión – an inflation-indexed unit of account
250
CPSS – Red Book – 2011
Mexico
introduction
The Mexican payment and settlement systems has undergone significant change in the last
10 years. The central bank has developed Sistema de Pagos Electrónicos Interbancarios
(SPEI), a near real-time hybrid settlement system for payments, helped INDEVAL, the
central securities depository, to develop Depósito, Administración y Liquidación (DALI), a
near real-time securities settlement system and also instituted safe and efficient intraday
liquidity provision facilities. In all these projects, the central bank has striven to promote
straight through processing, and to achieve high resilience and good performance in the new
systems. It has also actively fostered competition among small-value payment services
providers, with a view to promoting the use of safer and more efficient small-value payment
methods.
SPEI is operated by the central bank and went live in 2004. It was designed to settle a large
volume of payments in real time, to facilitate straight through processing and to use
participants’ liquidity efficiently. Any financial entity regulated by any of the Mexican financial
authorities is eligible to participate in SPEI. More than 85% of SPEI payments are for less
than MXN 100,000.1 SPEI settles both large- and small-value payments. Moreover, SPEI
settles pay-ins and pay-outs for CLS2 and MXN payments for Directo a México, an
international fund transfer service between USA and Mexico.3
The securities settlement system, DALI, is operated by INDEVAL. DALI went live at the end
of 2008 and is a major improvement over the former securities settlement system. DALI
settles more than 70% of the total volume processed in all Mexico’s payment and securities
clearing and settlement systems.
The two main exchanges are the Mexican Stock Exchange (BMV) for equities, and MEXDER
for derivatives. Contraparte Central de Valores (CCV) clears transactions on BMV as a
central counterparty (CCP), while ASIGNA is the CCP for transactions on MEXDER. BMV,
MEXDER, CCV, ASIGNA as well as INDEVAL belong to the same holding company, BMV
Group.
Sistema de Atención a Cuentahabientes (SIAC) manages the liquidity provision facilities and
the banks’ current accounts at the central bank. SIAC also manages the accounts of
government entities that, by law, must be in account with the central bank.
CECOBAN, a company owned by banks, operates Cámara de Compensación Electrónica
Nacional (CCEN), an automated clearing house. CCEN processes and clears deferred
electronic fund transfers, cheques and direct debits. CCEN final settlement occurs in SIAC.
Almost all credit and debit cards are affiliated with Visa or MasterCard. However, two
domestic bank-owned processors, Promoción y Operación, S.A. de C.V. (PROSA) and
EGLOBAL process and clear all card transactions.
The central bank has a mandate to foster the proper functioning of payment systems. To
achieve this, the central bank requires the systemically important payment systems to
comply with the CPSS Core Principles for Systemically Important Payment Systems.
Similarly, it ensures that the securities settlement systems and central counterparties comply
with the relevant CPSS-IOSCO standards.
1
The MXN/USD exchange rate was 13.0587 at the end of 2009.
2
Continuous Linked Settlement, see Chapter 1.2.3.
3
This service is provided jointly by the US Federal Reserve Banks and the central bank of Mexico.
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1.
Institutional aspects
1.1
General institutional framework
1.1.1
Institutions
The Bank of Mexico, Mexico’s central bank, is an independent public legal entity governed by
the Bank of Mexico Act. It is responsible for monetary policy and acts as regulator, market
operator, liquidity provider and lender of last resort in the financial system. The Bank of
Mexico Act also mandates the central bank to foster the proper operation of payment
systems as one of its main objectives. The law provides the central bank with broad authority
to regulate payment, clearing and settlement systems.
The Ministry of Finance or Secretaría de Hacienda y Crédito Público (SHCP) is the office of
the executive in charge of fiscal, economic and financial policy.
The National Banking and Securities Commission or Comisión Nacional Bancaria y de
Valores (CNBV), is an agency of the SHCP. It is the main supervisor and regulator for banks
and other financial entities.
1.1.2
General legal aspects
The Payment Systems Act (PSA) regulates the clearing and settlement of transfer orders in
national or foreign currency and with respect to securities operations. The PSA grants the
central bank exclusive powers of oversight, supervision and sanction over the payment,
clearing and settlement systems and their operators. This authority also covers systems that
settle cash and securities.
The central bank is legally required to publish each year a list of the systems that fall within
the scope of the PSA. To do this, the central bank determines which systems fall within
statutory parameters such as participant numbers and transfer volumes.4
According to the PSA, all transfer orders in national or foreign currency or securities
transactions that are settled in a system listed as a systemically important payment system
are final, irrevocable and enforceable.5 In addition, the funds of payment systems participants
on account with their payment system cannot be legally attached from the start of the
payment system’s daily operations until payment obligations are settled. Moreover, collateral
posted for intraday liquidity cannot be legally attached until the payment obligations against
that collateral are settled.
A corollary of these rules is that no “zero hour rule” exists under the PSA or under the
Commercial Reorganisations Act that governs bankruptcies.
The PSA also specifies the requirements for netting arrangements. The effect of netting is to
substitute a net credit or payment obligation for the rights and obligations originated by
transfer orders. Thus, no specific agreement is needed by the counterparties in a payment to
allow netting.
The Credit Institutions Act provides that orders and transactions settled through foreign
payment systems (such as CLS) that are considered as final, irrevocable, enforceable under
4
For more details of the central bank’s oversight powers see Section 1.2.1.
5
The PSA establishes that the internal regulations of each payment or settlement system must determine the
moment when transfer orders are considered accepted and thus become final, irrevocable and enforceable.
For SPEI and DALI, their respective internal regulations provide that transfer orders are final when the
systems send the credit advice messages to the respective participants.
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the law governing the corresponding foreign payment system will also have such
characteristics under Mexican law.
The Securities Market Act states that clearing and settlement of securities is a public service
that can only be provided by the central bank, central counterparties and central securities
depositories.
Central securities depositories can provide their service to national or foreign financial
entities or foreign central securities depositories without acting as a counterparty in such
transactions. In Mexico, the only central securities depository is INDEVAL, which is the
owner and operator of the securities settlement system, DALI.
The regulatory framework for derivatives transactions is based on regulations issued by the
SHCP, the CNBV and the central bank. These regulations allow derivatives trades to be
executed either in OTC markets or on recognised exchanges. ASIGNA is the only CCP
authorised to clear and settle derivative transactions. It is also the CCP for any derivative
transaction executed on MEXDER, the Mexican derivatives exchange.
The Notes and Credit Transactions General Act regulates the issuance of cheques and the
operation of cheque clearing houses. In connection with this Act, the Transparency and
Financial Services Arrangement Act authorises the central bank to regulate and to licence
clearing houses. CECOBAN, a private corporation, is the sole institution currently authorised
by the central bank to provide cheque clearing and deferred fund transfers services.
Finally, in Mexico, any transfer of assets intended to defraud third parties that is made during
the nine months before a declaration of bankruptcy may be legally voided. However, finality
and irrevocability prevent courts from annulling transfers that have been accepted, settled
and cleared through a listed systemically important payment system. In such a case, an
aggrieved party would have to seek redress outside the payment system.
1.2
The role of the Bank of Mexico
1.2.1
Oversight
Four main statutes empower the central bank to oversee and regulate payment systems:
(i) the Bank of Mexico Act mandates the central bank to foster the safe and efficient
functioning of all payment systems; (ii) the Payment Systems Act authorises the central bank
to regulate and oversee systemically important payment systems; (iii) the Securities Market
Act empowers the central bank to oversee central counterparties and securities settlement
systems; and (iv) the Transparency and Financial Services Arrangement Act gives the
central bank a broad mandate to regulate and oversee retail payment systems and nonsystemically important clearing houses.
The central bank oversees both systemically important and retail payment systems. Pour
systemically important systems, the central bank monitors existing and planned systems,
assesses them against international best practice and instructs operators to implement
changes when necessary. For retail payments and retail payment systems, the central bank
promotes competitiveness along with safety and efficiency.
The Payment Systems Act establishes that a payment or settlement system is systemically
important when: (i) it has at least three participating financial entities, and (ii) its settlement
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volume averages more than UDI 100 billion.6 Payment systems operated by the central bank
are systemically important, even if they do not fall within the above scope.
At the beginning of each year, the central bank lists in the Mexican Official Gazette the
payment and settlement systems it considers to be systemically important. SPEI, SIAC and
the securities settlement system have been listed as systemically important since 2005.
Oversight activities for systemically important payment systems
Financial stability depends on systemically important payment systems that are safe and
efficient. To this end, the central bank requires that such systems comply with the CPSS core
principles for systemically important payment systems.
SPEI was designed to comply with the CPSS core principles. To be able to identify any risks
or quality deficits in its operation, the central bank monitors its operation and liaises regularly
with its stakeholders, including the Mexican Bankers’ Association or Asociación de Bancos
de México (ABM), the Mexican Broker-Dealers’ Association or Asociación Mexicana de
Intermediarios Bursátiles (AMIB) and non-bank financial entities.
The central bank published a self-assessment for SPEI in 2007, which will be updated
whenever there is a significant change in the system itself or the financial industry.
Under the Payment Systems Act, SIAC is designated a systemically important system
because it is operated by the central bank and it settles, on average, more than
UDI 100 billion each month. The central bank published a self-assessment of SIAC against
the CPSS core principles in 2007. SIAC’s main function is to manage liquidity provisions for
participants in the payments systems; its payment functions are very limited (see Section
1.2.2), but it complies with all the applicable core principles.
The securities settlement system, DALI, is the third system designated as systemically
important under the Payment Systems Act. It is operated by INDEVAL, the central securities
depository, a private company owned by banks and broker-dealers.
DALI was designed to comply with the CPSS-IOSCO’s Recommendations for Securities
Settlement Systems. The central bank meets frequently with INDEVAL’s officers and relevant
stakeholders, mainly banks and broker-dealers, to review requests for rules and system
changes and to assess DALI’s performance.
INDEVAL is regulated by the National Banking and Securities Commission (CNBV) and the
central bank. The central bank focuses on payment and settlement issues, while the CNBV is
concerned with the conduct of participants and their compliance with legislation and
regulations as issuers of securities and counterparties in securities transactions. Any change
in DALI’s internal rules requires the approval of both the CNBV and the central bank. Also, as
an INDEVAL shareholder, the central bank has one seat on INDEVAL’s board. The central
bank and the CNBV cooperate whenever necessary (see Section 1.2.3).
The central bank published an assessment for DALI against the CPSS-IOSCO’s
Recommendations for Securities Settlement Systems, following the CPSS-IOSCO’s
Assessment Methodology for Securities Settlement Systems. The bank will review the
assessment in the event of significant changes at DALI or within its operating environment.
The CCP for equities, CCV, a private company owned by broker-dealers and banks, is not
listed as systemically important under the Payment Systems Act because it settles
operations with a value of less than UDI 100 billion a month. The central bank and the CNBV
have a joint mandate under the Securities Market Act to oversee CCV. The central bank can
6
The Unidad de Inversion (UDI) was introduced in 1995 as a credit system based on a price level-adjusted unit
of account. One UDI, as of October 2010, was equivalent to about USD 0.36.
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meet CCV’s officers, at either party’s option, to review rules and procedures with a view to
improving the system’s security and efficiency. The central bank has published an
assessment for CCV against the CPSS-IOSCO’s Recommendations for Central
Counterparties, and has asked CCV to change its rules and procedures to better comply with
the recommendations.
ASIGNA, the CCP for derivatives, is not listed as systemically important because its monthly
settlement volume is less than UDI 100 billion. It is supervised by CNBV. Unlike CCV, where
the Securities Market Act provides the central bank with powers to oversee it, there is no
similar legislation on derivatives; thus, the central bank has only limited powers over
ASIGNA, such as the right to request information. This will change if ASIGNA were to be
designated as systemically important under the Payment Systems Act.
Oversight activities in retail payments and retail payment systems
The central bank oversees retail payments systems to improve their safety and efficiency as
well as to promote competition among payments service providers. The bank also
encourages the use of the most efficient means of payments.
CECOBAN, a private company owned by banks, operates the National Automated Clearing
House or Cámara de Compensación Electrónica Nacional (CCEN), an ACH for cheques,
deferred credit transfers and direct debits. The Transparency and Financial Services
Arrangement Act complements the Bank of Mexico Act and empowers the central bank to
oversee clearing houses such as CECOBAN. Changes in CCEN’s internal rules require
central bank approval, and the central bank has a seat on CECOBAN’s board as well as veto
powers over relevant decisions.
The central bank collects and publishes quarterly information from banks on payment
instruments such as same-bank cheques, cards and internet operations. This includes data
on infrastructure, operations and fees.
Finally, a recent amendment of the Transparency and Financial Services Arrangement Act
empowers the central bank to oversee and regulate card payments processors.
1.2.2
Provision of payment and settlement services
Operation of payment systems
The central bank has operated both SIAC and SPEI since 1990 and 2004 respectively. le
main payment system is SPEI; SIAC has limited payment functions. When SIAC started
operating it was the only electronic payment system provided by the central bank. It is a realtime gross settlement (RTGS) payment system designed for interbank payments that carry
no information identifying third-party payers or payees. SIAC does not support STP. As SPEI
is more efficient, most payments have migrated to this system (for details of SPEI, see
Section 3.2). SIAC now holds banks’ current accounts and the accounts of certain
government entities at the central bank but processes only a few large interbank payments.
The central bank manages the liquidity provision for the payment system through SIAC, as
described in the section on provision of liquidity below.
The central bank prescribes the operating rules for SIAC and SPEI and recovers all
development and operational costs through fees.
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Provision of liquidity
The central bank provides participants with liquidity through SIAC (for details of SIAC, see
the above section). Intraday liquidity to banks is supplied through two mechanisms:
(i)
Overdrafts on the banks’ current accounts at the central bank. A bank is allowed to
overdraw its current account up to the amount of its required reserves7 in the central
bank. There is no charge for intraday overdrafts, but if an overdraft is not covered by
the end of the day, the central bank applies an interest rate of twice the average
overnight interbank rate.
(ii)
Same day repo operations with government securities. The central bank
automatically accepts Mexican government securities in repo operations. If banks
repurchase securities before the end of the day, the central bank does not charge an
interest rate; otherwise, the central bank novates repo operation to the following
business day and counts the amount of the operation as a debit on the bank’s end-ofday balance in its current account.8 Failure to reverse the repo at the end of the day
increases the amount of the central bank’s charge on the bank’s account as
described in paragraph (i) unless the bank has a positive balance large enough to
cover the amount of the repo (ie it has received funds in the funding period after the
closing of the repo facility). There is also a small fine based on the number of
underlying securities left in repo.
There is a limit, based on the bank’s capital, for the amount of liquidity a bank can
obtain using this mechanism. Broker-dealers can obtain liquidity through this
mechanism with the support of a bank. If a broker-dealer fails to reverse the repo,
the supporting bank is responsible for reversing it.
Provision of cash settlement facilities
SIAC holds the banks’ current accounts and manages the liquidity mechanisms. Participants
in SPEI and DALI have an operating account in each system. SIAC, SPEI and DALI cash
accounts use central bank money. DALI is a SPEI participant and provides its participants
with cash accounts to settle their securities transactions. All balances in DALI participants’
accounts are at all times covered by the balance that DALI maintains in SPEI. Banks and
broker-dealers use the mechanisms described above to obtain liquidity in SIAC, and they can
transfer liquidity in real time to their SPEI or DALI accounts and back to SIAC. All banks
participate in all three systems, all broker-dealers participate in SIAC and DALI and some of
them are also SPEI participants.
The central bank also provides cash settlement facilities to the CCEN automated clearing
house. Each business day, CCEN’s net results settle in the banks’ SIAC current accounts.
1.2.3
Cooperation with other institutions
The central bank is the payment and settlement systems regulator. CNBV, SHCP and the
central bank regulate banks, broker-dealers, INDEVAL and CCV, and certain other entities.
Some regulations could affect the way these entities participate in, or operate (INDEVAL and
CCV) payment and settlement systems. Thus, there is a need for cooperation between the
regulators of the payment and settlement systems and other regulators. The central bank
aims to increase the safety and efficiency of systemically important payment and settlement
7
Banks are required to maintain fixed deposits with the central bank for monetary policy purposes. Celles-ci
deposits are remunerated but banks cannot withdraw the principal. Bank’s current accounts at the central
bank are not remunerated.
8
After the closing of the same-day repo facility, banks have a short period to fund their accounts.
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systems with a view to maintaining financial stability. For retail payments, the central bank
seeks to increase the use of the most efficient means of payment as well as the safety and
efficiency of payment systems. It also monitors payment services providers with a view to
ensuring that the fees they charge to their customers are reasonable. To these ends, the
central bank cooperates with SHCP and CNBV in a variety of ways:9

The central bank, SHCP, CNBV and other financial sector government entities
participate in a financial stability board, chaired by SHCP. The board’s purpose is to
identify risks that could affect the smooth operation of the financial system, to
establish policies to prevent and manage those risks and to propose and coordinate
the responses of each financial authority to a crisis.

The central bank meets with SHCP officers, whenever required, to deal with
payment systems issues that involve both financial authorities, such as treasury
payments and anti-money laundering. There is no memorandum of understanding
between SHCP and the central bank.

The central bank also meets with CNBV officers whenever there are payment or
settlement issues that involve INDEVAL, CCV, the participants in the payments and
settlement systems, or issues related to retail payments, such as user security
regulations, new payment methods, rules for payment services providers or retail
payments infrastructure. There is no memorandum of understanding between CNVB
and the central bank; the cooperation between the two bodies takes place on an
informal basis.
The central bank has regular meetings with ABM to discuss issues related to SPEI
operations, such as change proposals from the banks or from the central bank to improve
efficiency. The central bank also has meetings with ABM to assess the development of
payments instruments, to discuss ways of improving them and to promote their use, as well
as to evaluate new instruments.
The central bank meets regularly with DALI’s stakeholders, through ABM and AMIB, to
discuss enhancements to DALI’s safety and efficiency. The central bank also held regular
meetings with stakeholders during DALI’s development phase before it started operations in
November 2008.
The Mexican peso has been a Continuous Linked Settlement (CLS) currency since May
2008. The central bank participates in the CLS oversight committee comprising the central
banks of issue of the 17 CLS participating currencies, with the Federal Reserve Bank of New
York as lead overseer.10 The committee is tasked with the oversight of CLS and meets at
least once a year.
1.3
The role of other private and public sector bodies
1.3.1
Mexican Bankers’ Association
The Mexican Banker’s Association (ABM) is a private organisation that represents
commercial banks. It was founded in 1928 with the aim of promoting the general interests of
banks and providing them with technical and specialised services. All commercial banks
9
See Sections 1.3.3 and 1.3.4 for the roles of CNBV and SHCP.
dix
The oversight cooperation between the relevant central banks is governed by the Protocol for the Cooperative
Oversight Arrangement of CLS. For more information on CLS, please see the corresponding chapter in the
forthcoming second volume of this publication.
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participate in ABM as associates, and development banks participate as guests. le
Assocation shares knowledge and best practice through courses, conventions, seminars,
research studies etc.
In addition, ABM serves as the main communication channel between banks when they are
requested to evaluate and provide feedback to official requests and proposals, or when the
banks themselves ask the authorities for operational changes and/or legal amendments.
The Association also promotes coordination among banks and authorities on issues related
to means of payment such as new products, networks, ATM, POS, credit and debit cards, or
SPEI and CCEN payment message formats.
ABM establishes work groups that meet regularly with central bank officers to discuss on
specific matters. The central bank participates or chairs discussions on several key issues.
Among the groups focused on payment and settlement issues are the Treasury Committee,
which deals with liquidity and large-value payments issues; the Means of Payment
Committee, which deals with retail payment systems and means of payments issues; et le
Information Technology Committee, which coordinates IT developments of common interest
to banks, ie formats and standards in SPEI, CCEN, DALI and card payments.
1.3.2
Broker-Dealers’ Association
The Broker-Dealers’ Association (AMIB) was founded in 1980 to represent the interests of
broker-dealers; to promote financial education; and to coordinate the definition of market
participants’ needs in areas such as instruments, operational schemes, infrastructure and
improvements to stock market services.
AMIB is the main communication channel between broker-dealers and the authorities for
payment and settlement system issues, and for providing feedback or requesting operational
changes and legal amendments. AMIB is a self-regulatory organisation.
1.3.3
Ministry of Finance
The Ministry of Finance (SHCP) is the office of the executive in charge of fiscal, economic,
and financial policy. Among SHCP’s tasks are the management of federal income and
expenditure, the management of public debt and the management of development banks.
SHCP is empowered to implement and interpret legislation on financial services, as well as
to issue and revoke operating licenses for entities that provide financial infrastructure, such
as exchanges, central securities depositories and central counterparties.
1.3.4
National Banking and Securities Commission
The National Banking and Securities Commission (CNBV) is the SHCP agency that
supervises most financial entities, including banks and broker-dealers.
The CNBV is empowered to issue and revoke operating licenses for banks and brokerdealers, as well as to supervise financial market infrastructures that process securities
operations, including exchanges, central securities depositories and central counterparties.
CNBV’s main responsibilities are to: (i) formulate prudential regulation for banks; (ii) license
financial intermediaries, such as banks; (iii) maintain the National Securities Registry (RNV),
and supervise registered securities issuers; (iv) order the suspension of trading whenever the
market meets with adverse conditions or its operations fail to comply with best practice; et
(v) put insolvent banks into receivership.
CNBV’s supervisory role comprises the following activities:
(i)
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Assessing the risks faced by financial entities, the controls they have implemented,
and the quality of their management with a view to ensuring that institutions maintain
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adequate liquidity, are solvent, stable and comply with applicable rules and best
practice.
(ii)
Onsite inspections, auditing of operations, registries and operational systems.
(iii)
Analysing economic and financial information to estimate possible effects on
financial entities and the financial system as a whole.
(iv)
Devising mandatory action plans for financial entities to correct any weaknesses in
their liquidity, solvency or stability.
2
Payment media used by non-banks
Individuals and companies use retail payments to purchase goods or services, or to pay out
wages etc. Most retail payments in Mexico are made in cash, but the use of electronic
payments is growing.
2.1
Cash payments
The central bank is the only issuer of bank notes and coins in Mexico. The official currency is
the Mexican peso (MXN). The central bank issues banknotes in six denominations: MXN 20,
50, 100, 200, 500 and 1,000. The US dollar circulates along with the peso, especially in
border regions and at tourist destinations.
The central bank designs its banknotes and prints them at its own works in Mexico City. le
central bank distributes banknotes and coins through six branches and 45 correspondent
banks.
Casa de Moneda de México, a public entity, mints coins in the following denominations: five,
10, 20, and 50 cents and one, two, five, 10, and 100 pesos. At the end of 2009, the notes
and coins in circulation were worth MXN 537 billion,11 an amount equal to approximately
4.5% of that year’s GDP.
2.2
Non-cash payments
2.2.1
Credit transfers
In Mexico, the most important domestic credit transfer instruments are the following: fund
transfers between accounts at the same bank, interbank fund transfers processed through
SPEI or CCEN,12 and transfers to pay credit card balances processed by card switches.
Currently, credit transfers can be initiated at the counter, via internet banking, at ATMs (to
pay utility bills and top up prepaid mobile phones), and using mobile phones (although this
service is still in its early stages). In addition, the Mexican Treasury (Tesorería de la
Federación) has since 2008 paid the salaries of federal government employees through
SPEI.
As the central bank has a mandate to promote the use of the most efficient payment
instruments, it encourages the use of credit transfers instead of cheques or cash in a number
of ways (for instance, through advertising campaigns). In particular, the central bank uses
11
The exchange rate was 13.0587 MXN/USD at the end of 2009.
12
See Section 3 for a more specific definition of SPEI and CCEN.
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moral suasion by issuing public recommendations or by deterring banks from establishing
excessively high fund transfer fees. In cases where a bank refuses to lower a fee that is
considered excessive, the central bank can veto it, based on powers vested to the central
bank under the Transparency and Financial Services Arrangement Act.
Credit transfers have shown significant growth. Real-time credit transfers are settled through
SPEI, while next-day credit transfers are processed by CCEN. In 2009, credit transfers
accounted for 36% of all non-cash payments. The number of transfers increased from
348 million in 2005 to 733 million in 2009. The amount transferred has increased from
MXN 42.8 trillion in 2005 to MXN 187 trillion in 2009. Interbank credit transfers are only a
small fraction of the total number of transfers, but they have been increasing faster: from
22 million transactions (MXN 20.5 trillion) in 2005, they reached 81 million
(MXN 107.3 trillion) in 2009. SPEI processed 50.4 million of these payments (worth
MXN 106.4 trillion), while CCEN processed 21 million (MXN 850 billion). The remainder was
accounted for by transfers to pay credit card balances 9.6 million (MXN 34 billion), which
were processed by card switches.
The upward trend of credit transfer usage is due to a steady growth in the number of internet
banking users (an average annual growth rate of around 20% since 2004, taking the number
of internet banking users to 10 million by the end of 2009). Moreover, banks have reduced
their SPEI fees to customers; most charge less than MXN 6. Meanwhile, the standardisation
of account numbers has reduced rejection rates, making interbank transfer services more
reliable. Banks currently use a standard 18-digit number, the Clave Bancaria Estandarizada
(CLABE), to identify both the bank and the account. The CLABE has been widely used in
interbank credit transfers since June 2004.
Due to the transaction growth in SPEI, the central bank has reduced operating fees to
participants from MXN 2.80 (in 2004) to MXN 0.50 for most payments, and to MXN 0.10 for
payments sent after 19:00 and before 10:00. This encourages banks to send non-urgent
high-volume/low-value transactions at night or early in the day.
2.2.2
Cheques
Cheques are used for paying suppliers, payrolls, taxes, credit card balances, utility bills,
cable TV subscriptions and school fees. The use of MXN-denominated cheques has
declined; from 569 million in 2005 to 461 million in 2009. The total value of payments made
by cheque was MXN 10.7 trillion in 2005, and MXN 11 trillion in 2009. The number of
cheques, as a share of all non-cash payments, has fallen from 41% in 2005 to 22% in 2009.
In January 2009, the central bank set a MXN 20,000 ceiling for cheques payable to the
bearer, to combat fraud.
All interbank cheques are truncated, and receiving banks send digital records with account
and amount information to the issuing bank through CCEN. Also, for cheques with a value of
MXN 10,000 and above, receiving banks send a digital image to the issuing bank through
CCEN.
2.2.3
Direct debits
Direct debits allow service providers such as cable TV or telephone companies to charge
their customers’ bank accounts automatically. Initially, banks offered companies direct debit
services on their own customers checking or credit card accounts. This service was
reasonable for large companies, but because banks’ direct debit schemes were not
interoperable, it was expensive for smaller billers to maintain accounts and service
agreements with a sufficient number of banks to cover their customer base.
CECOBAN has offered interoperable direct debit services to banks through CCEN since
2002. In this service, the originators must secure a mandate from the account holder to
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instruct their banks to post debits of the amount due. In September 2009, the central bank
issued a regulation establishing objection and cancellation procedures in order to increase
the service’s attractiveness to consumers.
The number of direct debits rose from 30 million in 2005 to 42 million in 2009, and the value
from MXN 49 billion in 2005 to almost MXN 141 billion in 2009. However, their share of noncash payments hovered at around 2% between 2005 and 2009.
2.2.4
Payment cards
The number of payments with credit and debit cards at electronic terminals (POS) rose from
30% of total non-cash payments in 2005 to around 40% in 2009. Currently, debit cards,
credit cards and prepaid cards are available and widely used.
Debit cards
Only banks issue debit cards. Almost all of them are affiliated to the Visa Electron or
MasterCard brands. There is also a local brand, Carnet, owned and operated by PROSA.
Debit cards were popularised in Mexico by the advent of electronic payroll services, and are
used mainly to withdraw cash at ATMs, and to make POS payments. ATMs are also used for
balance queries and to change PINs.
By the end of 2009, the number of debit cards issued by Mexican banks was 60.8 million; en haut
from 36 million in 2005. The number of POS terminals rose from 201,852 in 2005 to 446,792
en 2009.
During 2009, the number of debit card transactions at POS was more than 475 million, up
from 210 million transactions in 2005. Debit card transactions have outnumbered credit card
transactions at POS since 2007. The average value of debit card transactions at POS has
increased from around MXN 494 in 2005 to MXN 505 in 2009.
Some retailers offer “cash back” facilities at POS; there were 16 million cash advance
transactions in 2009.
Cartes de crédit
Credit cards are issued by most Mexican banks and certain other financial entities. Presque toutes
credit cards are affiliated to the Visa, MasterCard or American Express brands. The Carnet
brand can also be found on a few credit cards. Although there are no issuers for other credit
card brands, JCB, Diners and Discovery have acquirer agreements with some Mexican card
processors and banks, and their cards are widely accepted in Mexico. Credit cards are used
mainly to make payments at retailers and for internet transactions. The number of credit card
transactions at POS grew from 228 million in 2005 to 397 million in 2008. The value of the
transactions increased from MXN 208 billion in 2005 to MXN 322 billion in 2008. In 2009, the
number of credit card transactions declined to 376 million, 5.1% less than the previous year.
Also, the number of credit cards declined from 25 million to 22 million during 2009.
Prepaid cards
At the end of 2009, there were around 3 million prepaid bank cards, all with the Visa
Electron, MasterCard or Carnet brand.
POS network
The two switches that process card transactions are interconnected so that the acquirer
customers of each can ask the other’s issuer customers to authorise transactions. le
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number of POS transactions grew by around 24% per year on average between 2005 and
2008. During that time, a government programme, FIMPE,13 set incentives for merchants to
install POS terminals. After FIMPE ended, the growth in the number of POS terminals
stalled, rising by only 0.2% in 2009 to almost 447,000 installations.
Most POS terminals accept any credit and debit card issued by a Mexican bank, as well as
those issued abroad under the Visa, MasterCard, Diners, Discovery or JCB brands. le
Mexican Bankers’ Association (ABM) sets interchange fees (IFs) for domestic transactions.
Up to 2005, IFs for credit and debit transactions were the same, ranging from 2% to 3.5%,
with the exception of the fixed fee of MXN 0.90 per debit card transaction charged at
members of the national association of department stores (Asociación Nacional de Tiendas
de Autoservicio (ANTAD)) – given that interchange fees are charged by the issuer’s bank to
the acquirer’s bank. IFs were originally based on merchants’ yearly card sales volumes. This,
however, seemed to work against the promotion and expansion of the POS network, given
the large number of small merchants and service providers with low yearly sales. In 2004,
the Transparency and Financial Services Arrangements Act authorised the central bank to
regulate IFs, enabling it to persuade the ABM to reduce IFs and to stop the practice of setting
higher fees for small merchants. Also, the central bank asked banks to set lower IFs for debit
card transactions than for credit card transactions. In October 2005, the ABM changed the
reference IFs for credit and debit cards. Two years later, the ABM made slight downward
adjustments to its schedule of IFs.
Currently, IFs for debit cards are lower than those for credit cards. Credit card IFs are the
same for all brands, as are debit card IFs. For debit card transactions, a MXN 13.5 IF ceiling
applies, and the ad-valorem IFs that depend on the type of merchant range between 0.5%
and 1.15%. ANTAD merchants still get a very favourable IF of MXN 1.03. For credit card
transactions the IFs range between 1.1% and 1.91%, depending on the type of merchant.
ATM network
Even with the growing penetration of electronic payments, small-value transactions continue
to be settled overwhelmingly in cash. Most card transactions are still ATM cash withdrawals.
All ATMs are connected in a single network. The ATM network has grown 48% since 2005 to
33,905 ATMs at the end of 2009. The number of ATMs that are installed outside branches, in
places such as convenience stores, malls and retail stores, increased by 62% during the
same period, while growth in in-branch ATMs was 27%. The market share in the number of
ATMs for the six largest banks has decreased from 89% in 2007 to 84% in 2009. In the same
year, there were more than 1.3 billion ATM withdrawals, with a total value of around
MXN 1.85 trillion, while in 2005 there were 1.1 billion ATM withdrawals worth MXN 1.3 trillion.
Recently, the central bank has intervened to improve transparency on fees and competition
among ATM operators. Card issuers are not allowed to charge fees to their cardholders for
using the ATMs of other issuers or banks. For their part, ATM operators can charge a service
fee only to cardholders from other issuing financial entities, but they must notify them of the
charge and ask for authorisation.
13
The Electronic Means of Payment Infrastructure Fund (FIMPE) was designed to promote and increase access
to the POS network, and to encourage the use of POS among businesses and consumers alike. le
programme ran from 2005 until February 2008.
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2.2.5
Postal instruments
Telecomunicaciones de México (Telecomm-Telégrafos) is a state-owned company that,
among other services, offers telegraphic domestic money drafts that are purchased and paid
out in cash. The postal service also offers domestic cash transfer services via postal drafts.
2.2.6
Remittances
Most remittances to Mexico are handled by companies such as MoneyGram and Western
Union that provide money transfer services worldwide. These companies receive US dollars
from remitters primarily in the USA and deliver Mexican pesos to beneficiaries in Mexico
through a Mexican agent, usually a bank or retailer with an extensive branch network.
Some retail stores and banks offer domestic remittance services; a customer pays for a cash
transfer in one of the stores and notifies the beneficiary. The beneficiary can withdraw the
money from any store or branch using an ID card.
In 2009, Mexico received more than 66 million cross-border remittance transactions
(64 million in 2005) amounting to USD 21 billion (USD 21.6 billion in 2005).
Directo a México
In October 2003, the US Federal Reserve Banks and the central bank of Mexico established
a one-way mechanism to transfer money from the United States to Mexico. This link was first
used to send US government pension payments to recipients in Mexico. Since February,
2004, any US bank or credit union enrolled in Directo a México has been able to send
payments to any individual who has a bank account in Mexico. Currently Directo a México
does not process transfers from Mexico to the United States.
Between its launch in October 2003 and December 2009, Directo a México has processed
almost 1.9 million payments worth USD 850 million.
2.3
Recent developments
In Mexico, many people who have mobile phones still lack access to financial services. UNE
number of initiatives have been launched to offer payment services via mobile phones.
Several banks in the country have already launched products or applications for mobile
payments based on bank accounts, as well as access to internet banking via mobile phones.
However, most of these applications only work for customers of the same bank.
Regulations issued by SHCP, CNVB and the central bank provide a legal framework that
supports financial transactions over mobile phones. Any bank account can be linked to a
mobile phone and new rules have paved the way for a category of accounts with less
stringent identification requirements. The amount of money that can be paid into an account
of this new type each month is restricted, to combat money laundering and to comply with
FATF14 recommendations. The rules also require banks to allow interbank electronic
transfers on terms similar to those applying to bank transfers, regardless of the beneficiaries’
mobile carrier. They also allow banks to outsource some activities, such as the opening and
operating of the restricted accounts.
A wide range of payment methods using mobile phones is expected to develop in the near
future.
14
The Financial Action Task Force (FATF) is an intergovernmental body that seeks to develop and promote
domestic and international policies to combat money laundering and terrorist financing. Mexico has been a
member of FATF since 2000.
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3
Payment systems
3.1
General overview
SPEI and CCEN are the interbank payment systems. The central bank owns and operates
SPEI, and CECOBAN, a private company owned by banks, operates CCEN. SIAC is also an
interbank payment system operated by the central bank, but most of its payment functions
have migrated to SPEI (see Section 1.2.2).
SPEI is a real-time system that processes almost all large-value payments and most
interbank low-value credit transfers.
CCEN processes mainly low-value payments. Most payments in CCEN are settled one day
after they are entered into the system.
Bank customers can use SPEI or the CCEN TEF service (Transferencia Electrónica de
Fondos) for credit transfers. When using TEF, the customer’s account is debited immediately
and the money credited to the beneficiary on the following business day. When using SPEI,
the money is transferred within minutes. TEF transfers used to be significantly less
expensive than SPEI transfers, but fees for SPEI transfers have been reduced.
3.2
Large-value payment systems
3.2.1
SPEI
3.2.1.1 Institutional framework
SPEI is an electronic funds transfer system owned and operated by the central bank. SPEI
has allowed its participants to transfer money in real time since August 2004.
SPEI fully supports straight through processing (STP). Commercial banks participating in
SPEI offer SPEI real-time payment services to both corporations and individuals. The system
is used for both large-value payments and low-value transactions such as payrolls and
person-to-person transfers. SPEI settles an average of around 300,000 transactions per day
(in 2010). More than 80% are for less than MXN 100,000. The federal government disburses
most of its payments, including payrolls, through SPEI.
SPEI is a hybrid system: it clears operations every few seconds, and the results are settled
immediately on the participants’ SPEI cash accounts. SPEI accounts open and close the day
with zero balances. Participants can transfer funds into their SPEI account at any time, via an
online connection with SIAC and DALI (see Provision of cash settlement facilities in
Section 1.2.2). At the end of the day, positive balances in SPEI are credited to banks’ current
accounts in SIAC.
3.2.1.2 Participation
The Bank of Mexico encourages the direct participation of all regulated financial entities. À
the end of 2009, some 46 banks, 32 non-banks (broker-dealers, foreign exchange firms,
pension fund managers, insurance companies etc) and the DALI securities settlement
system were participants. Telecomm-Telégrafos, the Mexican government agency that
provides telecommunications and financial services to rural areas, has also participated in
SPEI since the first quarter of 2010. The central bank defines the system operating rules and
establishes the requirements for participation. Access criteria are published by the central
bank. Any financial entity regulated by the Mexican financial authorities is allowed to
participate in SPEI. CLS, the sole foreign participant in SPEI, has indirect access via the
central bank.
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3.2.1.3 Types of transactions
SPEI participants can make MXN-denominated credit transfers to any other participant in the
système. The most important types of transfers are: (i) from one participant to another (usually
large-value payments used to settle obligations between entities) and (ii) from a customer of
a participant to a customer of another participant (generally low-value payments).
Participants can transfer funds from their SPEI accounts to their SIAC current accounts, and
vice versa.
Payment messages use a proprietary format. Most messages go through the central bank’s
private network, but internet is used as a backup communication channel and as the primary
channel for some small participants. Both networks use the TCP/IP protocol, and the same
message structure. Only CLS, as the sole foreign SPEI participant, uses SWIFT to
communicate with the central bank, which provides CLS with indirect access to SPEI.
3.2.1.4 Operation of the system and settlement procedures
SPEI’s operating rules are prescribed by the central bank (in Circular 17/2010) and in the
system’s operating manual. The former is publicly available and contains the general rules of
the system. The latter is only available to participants and is more detailed and technical.
SPEI opens at 19:00 (Mexico City time) on the calendar day proceeding the value day and
accepts payments until 17:30 of the value day. The central bank sends the federal
government’s payroll at the opening of the system and banks have until 08:40 to credit the
beneficiaries’ accounts. Until recently, banks offered the SPEI service to their customers
from 08:30 to 16:00, but the central bank now requires them to extend this schedule in order
to bring the terms of interbank payment services closer to those of same-bank transfers,
which some banks offer on a round-the-clock basis. Since September 2010, banks have
offered the SPEI service to their customers, via e-banking applications, from 06:00 to 17:30.
The system places new payment instructions in a queue. Roughly every 20 seconds, SPEI
runs a clearing process for all payments in the queue. The clearing process uses an
algorithm that determines a set of payments that can be settled with available balances.
Payments in this set generate debits and credits to the participants’ accounts held in SPEI.
This process may overdraw some accounts for a fraction of a second, but the complete
process does not generate overdrafts. All relevant information is backed up off-site. After all
relevant information is backed up, the system sends a settlement advice to both the sender
and the receiving participants. SPEI rules indicate that finality for all payments takes place
when the settlement advices are sent. Payments that cannot be settled remain in the queue
for the next clearing process. Payments that have not been settled by the end of the day are
cancelled. There are no fines for payments that stay in the queue, to avoid establishing
incentives for participants to delay sending payment instructions.
A participant may assign high priority to some payments and reserve part of its account
balance to settle these payments.
SPEI’s rules require a sending bank to forward a payment order instructed by a customer
within five minutes after it accepts the payment instruction. The rules also require the
recipient bank to credit the beneficiary’s account within five minutes after receiving the
settlement advice. By 2011, these margins will be shortened to 30 seconds.
The communication protocol is available to all participants and interested software vendors.
This allows participants to develop automatic processes to achieve STP.
3.2.1.5 Risk management
The 2002 Payment Systems Act ensures finality of all payments settled by SPEI. This Act
allows each system to define the moment of finality. In SPEI finality occurs when settlement
advices are sent (see Section 3.2.1.4).
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SPEI settles in real time and does not use credit lines. The clearing process seeks to
efficiently use liquidity available on the account as well as from incoming payments. Un
algorithm looks for a set of payments that can be settled given the available liquidity. Celles-ci
processes do not generate credit risks since overdrafts are not allowed.
SPEI’s rules oblige participants to send in their customers’ transfers instructions within five
minutes of accepting them. This rule ensures that final users get a better service and that
payments are distributed more uniformly during all banking hours to avoid concentration of
liquidity needs.
Further, participants can segregate funds to settle high-priority payments.
The central bank has a business continuity strategy for SPEI that is based on international
recommendations and standards. Measures include a secondary site, periodical testing, and
training of key staff. SPEI only sends a settlement advice message after the corresponding
information has been successfully backed up at the alternate site. In case of equipment
failure, connections are redirected to the alternate site where service is resumed within
minutes. SPEI requires its larger participants to maintain two dedicated communication
channels through separate nodes of the telecommunications network.
Security in SPEI is based on digitally signed messages. Participants must use digital
certificates obtained and managed through a public key infrastructure developed by the
central bank. Messages travel in an encrypted private network or are encrypted through the
internet.
SPEI complies with the CPSS Core Principles for Systemically Important Payment Systems.
3.2.1.6 Pricing
Pricing is based on the principle of full recovery of costs. The central bank charges each
participant a fee for each payment instruction, money transfer to other systems and returned
transfer. The fee per transaction charged by the central bank to the participants, for
instructions processed between 19:00 and 10:00 is MXN 0.10; for the rest of day, this fee is
MXN 0.50. Transactions subject to these fees are: credit transfers, charged to the sender of
the instruction, and return transfers, charged to the sender of the instruction that could not be
credited by the receiver and which generated the return transfer. Participants that request the
system to resend information are charged a penalty rate of MXN 0.01 per byte. This is to
encourage system participants to maintain reliable information backup processes.
Moreover, an annual fee is charged to SPEI participants for the use of the central bank’s
private telecommunications network.
3.2.1.7 Major ongoing and future projects
To keep operational risk low, the central bank is developing a methodology to evaluate the
business continuity plans of SPEI participants. All participants will be evaluated and
recommendations will be issued accordingly. The central bank will soon require critical
participants to maintain stringent and robust recovery plans. The system’s disaster recovery
plan is currently also undergoing a major review.
If the number of payment instructions continues to grow, the central bank may further reduce
the cost per transaction, especially during non-peak hours, with a view to increasing the
incentive to enter payment instructions early.
SPEI’s rules have been modified to improve the service offered by the banks to their
customers. Banks have been required to: (i) extend their e-banking service hours from 06:00
to 17:30 (as of September 2010); (ii) expand and standardise tracking information to improve
tracking services (applicable as of April 2011); (iii) ensure that issuing banks send payments
to SPEI within 30 seconds after accepting an instruction from a customer (applicable as of
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June 2011); and (iv) ensure that receiving banks credit the beneficiaries’ accounts within
30 seconds after receiving SPEI’s settlement notification (applicable as of June 2011).
3.3
Retail payment systems
In 1982, the central bank, together with the banks, created a trust, CECOBAN, to clear
cheques. The central bank managed CECOBAN until 1997 when banks took control.
3.3.1
CCEN
CECOBAN, a private company owned by banks, owns and operates CCEN, which
processes the interbank cheques service, the direct debits service, and the deferred
Electronic Funds Transfers (TEF) service.
CECOBAN is the only clearing house authorised by the central bank to settle in SIAC
through the Sistema para Liquidación de Cámaras (SICAM), which is operated by the central
bank. SICAM allows banks to grant credit lines to other banks to facilitate settlement, and
banks have empowered SICAM to draw on these credit lines. Every evening, SICAM
receives from CCEN the net positions for each of the above services and determines the
resources each participant has available to settle its obligations. When a participant has a
negative net position, a procedure checks that its resources (ie either a positive current
account balance in SIAC or unused pledged collateral at the central bank) will cover its
settlement obligations. If necessary, SICAM draws on the credit lines. Credits or debits to
SIAC current accounts take place early the next day.
3.3.1.1 Participation
Any bank can participate in CCEN. Banks must be certified by CECOBAN.
3.3.1.2 Types of transactions
Cheques
CECOBAN implemented CCEN, the current clearing house, in 2001. CCEN clears all
interbank domestic cheques denominated in MXN and in USD. Net amounts from cleared
cheques denominated in MXN are settled in the central bank, while net amounts from
cheques denominated in USD are settled in a commercial bank.
Since 2003, banks have truncated all cheques received, sending data files with the relevant
information to CCEN. Banks receive from the clearing house a digital image of all cheques
with value equal or greater than MXN 10,000 and send it to the issuing bank.
In recent years, the number of cheque transactions has been on the decline, although the
total value of transactions has remained almost constant. CCEN processed 163 million
interbank cheques in 2005, while in 2009 it processed 134 million. The total value of cheque
transactions was MXN 3 trillion in 2005 and MXN 3.1 trillion in 2009. An interchange fee of
MXN 6 is paid by the issuing bank to the receiving bank.
Direct debits
CCEN has provided a direct debit service since 2002. Direct debits allow a biller to instruct its
bank to debit the current accounts that the biller’s customers may have with other CCEN
participant banks. To send direct debit instructions, the biller needs authorisation from its
customers. Direct debits are settled one business day after the instruction has been
received.
Direct debits use the standardised CLABE account number to identify the accounts involved
in the interbank operation.
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The volume of direct debits processed by CCEN rose from 3 million in 2005 to almost
10 million in 2009, with the total value of these transactions rising from MXN 8 billion to
MXN 30 billion over the same period. Given the total amount of non-cash payments, the use
of direct debits is very limited, not least because more than 60% of all direct debit
transactions result in returns due to lack of funds. In order to promote the use of direct debits,
the central bank issued a regulation in September 2009 to improve procedures for contracts,
objections and service cancellations. An interchange fee of MXN 1.4 is paid by the payer’s
bank to the payee’s bank if the transaction is successful, and MXN 0.7 if not.
Credit transfers
CECOBAN has provided a deferred credit transfer service (TEF) since 1996. Funds are
credited to the beneficiary account on T+1. In 2009, CECOBAN processed 21 million TEF
payments, up from 16.6 million in 2005. The total value of TEF credit transfers rose from
MXN 629 billion in 2005 to MXN 850 billion in 2009.
3.3.1.3 Operation of the system and settlement procedures
SICAM receives net positions for cheques, for credit transfers and for direct debits, and
clears them in a single process for final settlement.
CCEN process
Between 17:30 and 20:30 (on day T), the issuing banks send electronic files to CCEN with all
transactions for each of the three services. CCEN validates the format and dates, and
notifies each participating bank of the outcome of these validations before 20:30. CCEN then
processes the electronic files and generates outgoing files for each participating bank.
Receiving banks must access these files by 21:00. If any of the transactions contained in an
incoming file cannot be executed, the banks generate a returned items file that must be
submitted to CCEN between 21:30 and 06:30 of the following day (T+1). CCEN forwards to
the banks the details of each returned item. Finally, CCEN validates this information and
obtains the net amounts for each bank in each service between 06:45 and 07:30, and sends
the results to the central bank, which uses SICAM to complete settlement through SIAC.
SICAM process
To proceed with settlement, CCEN sends to the central bank the following information:

The gross amount of all cheques that each bank collects for each of the other
banks.

The gross amount of all credit transfers each bank sent to each of the other banks.

The gross amount of all direct debits each bank seeks to collect from each of the
other banks.
Using that information, SICAM determines net positions for each of the three services
between 07:30 and 08:15.
To support timely settlement of these positions, banks may grant permanent credit lines to
each other, and register them in SICAM. These credit lines are valid until revoked. Une fois que
SICAM knows the resulting net credit and debit balances, it determines how far each credit
line needs to be drawn for settlement.
SICAM computes the corresponding debits or credits, including those generated by the credit
lines, and by 08:30 instructs SIAC to post them in the participant banks’ current accounts
with SIAC. The central bank has standing instructions to debit or credit banks accounts in
SIAC based on banks’ liquidity needs or balance in SICAM.
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When the balance in the current account of the participant bank plus the collateral and credit
lines received from other participants are not enough to cover its debit position, SICAM
excludes from clearing as many obligations to decrease its debit position as needed.
SICAM notifies banks whose transactions were excluded so they can stop payment to their
customers.
3.3.1.4 Risk management
The central bank does not provide banks with extra credit to settle SICAM transactions.
SICAM allows banks to grant credit lines to each other. It then calculates the amount of credit
needed to settle net positions.
The central bank sets a limit on the amount of any individual credit line that a bank may grant
to another bank on the basis of the lender’s net capital. It also sets a limit on the aggregate
amount of the credit lines a bank may grant to all other banks. SICAM analyses balances,
credit lines and the collateral pledged to the central bank’s overdraft facility for all banks and
determines if it will be necessary to exercise credit lines.
3.3.1.5 Pricing
CCEN charges a monthly fee that covers the first 10,000 transactions. Then a variable fee is
applied. The variable fee starts at MXN 0.55 per transaction and falls progressively to
MXN 0.10.
3.3.2
ATM and POS networks
3.3.2.1 Institutional framework
Retail interbank card payments and cash withdrawals are processed and cleared by two
processors, PROSA and E-GLOBAL, and settled at a settlement bank.
PROSA and E-GLOBAL exchange information under the terms of a collaboration agreement
that establishes the main features and terms of the card payments process, as well as a
communication protocol.
Clearing takes place at the end of the day and settlement is done the following working day
by a commercial settlement bank that holds accounts for all affiliated banks.
3.3.2.2 Participation
The two largest banks own a controlling share of E-GLOBAL, while PROSA is owned by a
consortium of banks.
Every Mexican bank participating in the cards market uses either PROSA or E-GLOBAL to
process its domestic interbank retail payment transactions.
3.3.2.3 Types of transaction
PROSA and E-GLOBAL process most ATM, POS and internet transactions online. Only a
few POS transactions are still processed offline. The processing entities route, process
payment messages, clear and settle transactions at the end of the day.
3.3.2.4 Operation of the system and settlement procedures
Interbank transaction at an ATM
Processing of a transaction that involves both PROSA and E-GLOBAL is illustrated with the
following transaction example: first, a cardholder uses his card, issued by a bank affiliated
with E-GLOBAL, to withdraw cash at an ATM operated by a bank affiliated with PROSA
(acquiring bank). The ATM sends an authorisation query to PROSA and PROSA forwards it
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to E-GLOBAL, which in turn sends it to the issuing bank. The issuing bank checks the
cardholder’s balance and authorises the transaction through E-GLOBAL. Afterwards,
E-GLOBAL sends the authorisation to PROSA, which forwards it to ATM which in turn
releases the cash to the cardholder.
International transactions are cleared every day by each payment card scheme and settled
on US business days. PROSA and E-GLOBAL have links with Visa, MasterCard and some
other entities; they buy or sell US dollars for settlement at rates fixed by the payment card
schemes.
Interbank transaction at a POS
Processing of a transaction that involves both PROSA and E-GLOBAL is illustrated with the
following transaction example: A customer uses his card (either credit or debit) at a store.
The merchant’s bank (acquiring bank) sends a payment authorisation request to the issuer
bank via the acquiring bank’s processor, PROSA. PROSA sends the request to the issuer
bank’s processor, E-GLOBAL, which forwards it to its associate, the issuer bank, which
verifies the cardholder’s account balance. Once the transaction is accepted, the authorisation
is sent back to E-GLOBAL, which forwards it to PROSA. After the merchant receives the
authorisation and prints the related receipt, the customer receives the requested product or
un service.
Clearing and settlement process
Every business day, each processor computes net positions for their affiliates and sends
them to the affiliates by 13:30. Affiliates of E-GLOBAL settle net positions bilaterally at a
settlement bank. PROSA notifies a commercial bank that acts as settlement bank of the net
positions for transactions between PROSA affiliates and between these affiliates and those
of E-GLOBAL. Affiliates with short positions send funds to the settlement bank. Then the
settlement bank sends the corresponding funds to affiliates with long positions. Settlement
concludes by 15:30. Settlement of such transfers is usually via SPEI.
3.3.2.5 Risk management
In order to manage credit risk, processors obtain guarantees15 from all card issuers involved
in the settlement process. Also, processors have credit lines with some banks to ensure that
they can complete the settlement process. If a bank does not settle its short position, PROSA
draws on these credit lines, with the interest costs borne by the bank that failed to meet its
obligations on time.
3.3.2.6 Pricing
ATM operators charge user fees that may vary according to the ATM’s location.16
In October 2009, the central bank issued a regulation to make ATM fees for interbank
transactions more transparent. The new regulation prohibits foreign fees.17
Between October 2009 and May 2010, the acquiring bank charged the issuer bank an
interchange fee of MXN 7.25 per authorised transaction. Processors charged their
associates or customer banks for transaction processing (eg special authorisations or
15
Guarantees are generally deposits or letters of credit.
16
For instance, a cash withdrawal from an ATM located in a bank branch is less expensive than a cash
withdrawal from an ATM located in a convenience store.
17
A foreign fee is a fee levied by the card issuer on cardholders who carry out a transaction at the ATM of
another bank.
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digitalisation of receipts signed by the cardholder). Consequently, whenever cardholders
used an ATM not operated by their own bank, they faced a foreign fee that was usually much
larger than the interchange fee. After May 2010, only the acquiring banks can charge
cardholders a fee when they carry out an interbank transaction. Acquirers now pay a new
interchange fee to the issuers. Currently, this interchange fee is MXN 2.92. Both the
acquiring and the issuer bank pay transaction fees to the processors.
3.3.2.7 Major ongoing and future projects
Some foreign processors and payment schemes have complained that the fees of
established processors are too high, especially on the acquiring side, and represent an unfair
barrier to market entry. The central bank is currently working to promote fair access for new
card processors, as well as to set efficient mechanisms for the clearing and settlement of
card payments. Both current and new processors will require approval from the central bank.
As current processors are not regulated, they will have to apply to the central bank for
authorisation, but the central bank does not expect them to have any difficulty in meeting the
criteria, as the main goal of these new regulations will be to eliminate barriers of entry to the
business of switching and processing low-value payments. The central bank will set the
standards, terms and communication protocols for both current and prospective processors.
4
Systems for post-trade processing, clearing and securities
règlement
4.1
General overview
Domestic equities, foreign equities in the Sistema Internacional de Cotizaciones (SIC),18
convertible bonds, common share certificates, warrants, domestic mutual funds, and funds
(ETFs) are traded on the Bolsa Mexicana de Valores (BMV), the country’s sole stock
échange. All transactions in the equity market are traded through SENTRA Equities, an
electronic trading system developed and operated by BMV. At the end of 2009, Mexican
equities had a total market capitalisation of MXN 4.6 trillion, equivalent to almost 40% of that
year’s GDP. The daily average trading volume on the BMV in 2009 was more than
MXN 7 billion.
Most primary and secondary market transactions for debt securities are performed over the
counter. There are four inter-dealer brokers specialised in OTC fixed income securities.
These provide an electronic trading platform to financial entities such as mutual funds,
pension funds and insurance companies.
Most counterparties that are not banks or broker-dealers do not participate directly in DALI,
the securities settlement system. Thus, it is their custodians that send transactions directly to
DALI for settlement. If a counterparty is a direct participant in DALI, it can send its
transactions to DALI directly or via the inter-dealer broker.
Most customers of these brokers have empowered them to send transactions directly to
DALI for settlement. Otherwise, direct participants in DALI must instruct DALI directly.
CCV is a CCP for securities. CCV clears almost all equity transactions that are traded on
BMV and settles them through the DALI securities settlement system.
18
Registry for securities issued abroad that can be traded on the BMV.
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ASIGNA is a CCP for the MEXDER derivatives exchange. Interest rates futures are the most
important contracts settled by ASIGNA (more than 50% of the total notional amount),
followed by government bonds futures (about 19%), foreign exchange futures (on the US
dollar, about 14%) and the IPC index (Mexican stock exchange index) futures.
INDEVAL, the Mexican CSD, provides deposit and custody services and is the centralised
custodian for all securities registered in the Registro Nacional de Valores (RNV) and traded
on Mexican financial markets. INDEVAL owns and operates DALI. Each DALI depositor
holds a cash account and as many securities accounts as needed to meet its operating
requirements in the system. Transactions are settled in these accounts on a delivery-versuspayment (DVP) basis.
DALI settles securities transactions in debt and equity markets. In 2009, 79% of the total
amount settled in DALI represented transactions in government securities, 20% was
transactions in debt securities issued by banks and corporations, and less than 1% was
equity market transactions.19
There is no trade repository operating in Mexico.
4.2
Central counterparties and clearing systems
4.2.1
CCV
4.2.1.1 Institutional framework
Contraparte Central de Valores de México (CCV) is a CCP for stocks traded on BMV. CCV is
authorised by the Ministry of Finance (SHCP) to provide clearing, settlement and risk
management services to the Mexican securities market. CCV started operations in February
2004 and has been a wholly owned subsidiary of BMV since May 2008.
The Securities Market Act (SMA) regulates the activities of CCV, its risk management
procedures and its governance arrangements. SMA empowers the National Banking and
Securities Commission (CNVB) and the central bank to regulate CCV and it gives SHCP the
power to revoke CCV’s operating license under criteria specified in the SMA.
The legal framework provides with a high degree of certainty that actions taken by the CCV
within its own rules may not be reversed.
As CCV is not operated by the central bank nor does it settle, on average, more than
UDI 100 billion a month, it is not subject to the Payment System Act.
CCV is a direct participant in DALI, the securities settlement system operated by INDEVAL
(see Section 4.4.1 for details of DALI). CCV holds securities and cash received from its
participants in account with DALI and settles its MXN cash and securities obligations on a net
basis through DALI.
4.2.1.2 Participation
CNBV monitors the financial and operational soundness of banks and broker-dealers. Seulement
institutions with operating licences as banks or broker-dealers can participate in the CCV,
which verifies on an ongoing basis that participants continue to meet the eligibility conditions.
Participants in CCV can be settlement agents, or non-settlement agents. Non-settlement
agents need a settlement agent to settle their transactions. Settlement agents are legally
19
Most equity transactions in DALI are transfers in which custodians deliver/receive stocks to/from a trader
agent in charge of selling/buying of securities on behalf of the investor on BMV.
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responsible for fulfilling both their own obligations and those of their non-settlement agent
customers. CCV segregates obligations and collateral received from settlement and nonsettlement agents, and determines margin requirements and net obligations individually for
each agent. By June 2010, CCV had 28 participants, 24 settlement agents and four nonsettlement agents.
4.2.1.3 Types of transactions
CCV clears and settles domestic and foreign equities, as well as warrants traded on BMV.
4.2.1.4 Operation of the system
CCV operates from 08:30 to 15:30 (BMV’s trading hours) every business day. Transactions
confirmed and matched on BMV are sent to CCV in real time. For each transaction closed on
BMV, CCV verifies that the two participants have enough collateral to cover the transaction
before it accepts and novates it as the CCP. CCV is a participant in DALI and has cash and
securities accounts there. To pledge collateral to CCV, participants transfer cash and eligible
securities to CCV through DALI. CCV revaluates credit exposures approximately every hour
from the trading day (T) to the settlement day (T+3), making margin calls when necessary.
At the start of the settlement day (T+3), CCV determines the net obligations in securities and
cash. Settlement agents and non-settlement agents then transfer securities and cash to
CCV’s DALI accounts to fulfil their net obligations. About an hour after opening the system,
CCV determines, on a first-in, first-out basis, which of its obligations to fulfil and pays out
cash and securities. After a second hour, and every hour thereafter, when it has received
more cash and securities in its DALI accounts, CCV again determines which of its obligations
to fulfil and pays out cash and securities. If by the end of the day CCV has not received
enough securities or cash from its participants to fulfil all its obligations or if CCV has not
borrowed the required securities or cash, CCV returns to participants any cash or securities
received during the day related to the obligations it could not fulfil. CCV may temporarily
deliver cash to participants instead of securities for obligations that remain pending. CCV has
one additional day to fulfil its cash obligations (T+4) and a further day for securities
obligations (T+5). CCV pays fines to affected participants, based on the amount and the
length of the delay. Cash obligations not settled by T+4 or securities obligations not delivered
by T+5 constitute a default. In 2009 CCV settled 99.76% of its transactions by value on the
due date. Cash balances in DALI are used as a settlement asset for MXN obligations, and all
participants’ balances in DALI are fully covered by central bank money in DALI’s account
with SPEI.
4.2.1.5 Risk management
CCV’s most important risk control mechanism is based on margin requirements and intraday
margin calls. CCV determines the initial margin requirements so that they cover 99% of the
observed price variations in a three-day period under normal market conditions. dans le
following days CCV estimates variation margins for each participant approximately every
hour based on the latest market prices and makes margin calls whenever the corresponding
margin requirements are not met. New transactions are accepted only if the collateral posted
by each participant is sufficient to cover the margin requirements for the new transactions
aussi.
CCV accepts domestic currency cash deposits, Mexican government and private bonds,
highly liquid equities and letters of credit to meet margin requirements. Haircuts are applied
to securities to cover potential losses for one day under normal market conditions. Actuellement,
participants cover 95% of their margin requirements with cash deposits.
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In addition to margin requirements, CCV has access to two funds created to cover potential
losses arising from a participant default in extreme scenarios:

A fund based on contributions from each participant,20 the Compensation Fund.

A fund based on penalties and sanctions paid to CCV, the Reserve Fund.
The order in which CCV would use available resources to deal with a default of a member is:
(i)
margin funds from the defaulting participant;
(ii)
the defaulting participant’s contribution to the Compensation Fund;
(iii)
the Reserve Fund;
(iv)
20% of CCV’s capital;
(v)
the remainder of the Compensation Fund; et
(vi)
the remainder of CCV’s capital.
CCV has a credit line with a bank so that cash needs can be promptly met.
4.2.1.6 Pricing
CCV charges participants a monthly fee that depends on the value of the cleared and settled
transactions. CCV also charges participants an annual fee for the use of its IT infrastructure.
CCV’s fee schedule is published on its website.21
4.2.1.7 Major ongoing and future projects
The most important project now under way focuses on strengthening CCV’s risk
management and default procedures. CCV has met with the CNBV and the central bank to
discuss ways to improve these procedures.
4.2.2
ASIGNA
4.2.2.1 Institutional framework
ASIGNA Compensación y Liquidación (ASIGNA) is the CCP for all derivatives contracts
traded on MEXDER. ASIGNA was established as a trust in 1998 to provide clearing and
settlement services for futures and options contracts. ASIGNA is a subsidiary of BMV.
Mexican derivatives markets are not regulated by any specific legislation. The most important
general legal provisions that apply to ASIGNA’s services are (i) the “Mandatory rules for
corporations and trust participating in the establishment and operation of a market for listed
exchange futures and options”, jointly issued by SHCP, CNBV and the central bank and
(ii) the “Prudential regulations to which participants in the market for listed future and options
should adhere in their operations”, issued by the SHCP and the CNBV. ASIGNA is
supervised by the CNBV.
ASIGNA operates under its Internal Rules and its Policies and Procedures Manual. Ce
code defines all regulations and requirements (both financial and operational) for clearing
members, the operating processes (recording, acceptance, clearing and settlement of
transactions), margin requirements (initial and variations), default procedures and fees and
commissions.
20
Representing 12% of the previous month’s average of participants’ end-of-day margin requirements.
21
www.contraparte-central.com.mx.
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ASIGNA is not subject to the Payment System Act, because its settlement volume is less
than UDI 100 billion a month.
4.2.2.2 Participation
Only trusts administered by Mexican banks and authorised by SHCP for this purpose can
directly participate in ASIGNA. Clearing members must comply with the operational and IT
requirements stated in ASIGNA’s rules.
Clearing members are either own-position clearing members, which clear and settle their
own transactions, or third-party position clearing members, which clear and settle
transactions on behalf of customers. At the end of 2009, ASIGNA had nine clearing
members; four of them own-position clearing members and five third-party clearing
members.
4.2.2.3 Types of transactions
ASIGNA acts as a central counterparty for futures and option contracts traded on MEXDER:
futures on government bonds, interest rates (interbank interest rate – TIIE), foreign exchange
(USD and EUR), stocks and the Mexican stock exchange index (IPC); and options on stocks,
USD and futures on the IPC.
4.2.2.4 Operation of the system
ASIGNA operates from 07:30 to 15:00 (MEXDER’s trading hours) every business day.
Transactions traded on MEXDER are sent to ASIGNA on a real-time basis. ASIGNA uses
novation to become the central counterparty to all accepted MEXDER transactions.
ASIGNA accepts and clears transactions and determines margin requirements on an
intraday basis (see Section 4.2.2.5).
Contracts are marked to market at the end of each trading day and ASIGNA compensates
losses and gains over all open contracts for each participant. Net balances must be paid in
cash before 10:00 on the following day. This is also the deadline for participants’
contributions to the default fund (known as the Clearing Fund, see Section 4.2.2.5).
When contracts expire, they may be settled in cash or through delivery of the underlying, as
is the case for futures on fixed-rate bonds, futures and options on stocks, and futures on
currency. ASIGNA has a procedure to guarantee the delivery of the underlying to participants
for each type of contract.
4.2.2.5 Risk management
ASIGNA’s risk management is based on margin requirements, initial margins for new
contracts and variation margins for open contracts. The margin requirements are set to cover
the expected change in prices for a single day with a 99% confidence level, using the
Theoretical Intermarket Margin System (TIMS) methodology. ASIGNA determines margin
requirements approximately every 20 minutes during operating hours.
ASIGNA accepts domestic currency cash deposits and/or Mexican securities to meet margin
requirements. The Margin Fund is based on these contributions. Haircuts are applied to
securities to protect against price fluctuations.
Third-party position clearing members can ask their customers for additional margin
Paiements. These additional contributions depend on each customer’s margin requirements
and credit risk exposure. Clearing members manage these contributions and can use them in
case of a customer default.
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In addition to the Margin Fund, ASIGNA has access to two funds created to cover potential
losses arising from a participant default:

the Clearing Fund, which is based on domestic currency cash contributions from
each participant.22 This fund can be mutualised.

the Members’ Fund: own-position clearing members must maintain a fund of at least
UDI 2.5 million or 4% of their margin requirements. Third-party position clearing
members must maintain at least UDI 5 million or 8% of their margin requirements.
The order in which ASIGNA would use available resources to deal with a default of a
participant is:
(i)
the defaulting participant’s contribution to the Margin Fund;
(ii)
the defaulting participant’s contribution to the Clearing Fund;
(iii)
the defaulting participant’s contribution to the Members Fund;
(iv)
if the defaulting participant is a third-party position clearing member and if there is
an own-position clearing member administered by the same bank as the defaulting
participant, then the available resources from this own-position clearing member are
also used (after and including steps (ii) and (iii)).
(v)
the remaining balance of the Clearing Fund; et
(vi)
ASIGNA’s own resources, which amount to at least UDI 15 million.
4.2.2.6 Pricing
ASIGNA charges the following fees:

A clearing and settlement fee that depends on the number, type and underlying of
contracts cleared. For clearing member transactions the fee is approximately half of
the one applicable to its customers. This fee ranges from MXN 0.33 to MXN 60 for
futures contracts, and from MXN 0.07 to MXN 9 for options contracts.

A delivery fee to cover the cost of cash and securities transfers involved in the
delivery processes. For a domestic currency cash transfer the fee is MXN 80
(futures on USD) and MXN 120 (futures on Mexican government bonds), for a USD
cash transfer it is USD 25 and for securities transfers (through the Mexican CSD
INDEVAL) the charge is MXN 12.

An exercise and assignment fee, for each stock option exercised or assigned.
Currently this fee is MXN 2.
ASIGNA collects fees and commissions at the beginning of each month.
4.2.1.7 Major ongoing and future projects
If MEXDER’s plans to include OTC contracts materialise, ASIGNA will offer clearing services
for these new MEXDER-traded products.
ASIGNA plans to replace its IT platform in the medium term.
22
Maximum of (i) MXN 100,000; (ii) 10% of the previous month average of participants’ end-of-day margin
requirements; (iii) 10% of the participants’ end-of-last-trading-day margin requirements.
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4.3
Securities settlement systems
4.3.1
DALI
4.3.1.1 Institutional framework
The Institución para el depósito de valores (INDEVAL) is Mexico’s sole CSD. It is licenced by
the SHCP to provide custody, clearing, and settlement services. INDEVAL started operations
in 1978 as a government agency and became a private entity in 1982. DALI, which has been
operating since November 2008, is a SSS owned and operated by INDEVAL.
The Securities Market Act (SMA) regulates INDEVAL’s activities and its governance
arrangements. INDEVAL is currently owned by 39 banks and broker-dealers, BMV, and the
central bank. Each shareholder has one share, and all shares have the same rights. le
institution’s board of directors has 14 members. The SMA mandates that both the central
bank and SHCP have a seat on INDEVAL’s board. A group of broker-dealers and banks has
controlling interests in both INDEVAL and BMV. INDEVAL's directors are appointed each
year at a shareholder meeting.
As DALI is a systemically important payment system under the Payment Systems Act,
transactions settled through this system are final.23 INDEVAL’s rules and procedures are set
out in its operating rules.
INDEVAL is regulated jointly by CNVB and the central bank. SHCP can revoke the
INDEVAL’s concession to operate as a CSD.
The Notes and Credit Transactions General Act and the Commercial Entities General Act
require that all debt securities and equities issued in Mexico are evidenced by signed paper
certificates. INDEVAL provides a custodial service for all certificates relating to bonds issued
by banks and firms, and most of those relating to equities. Certificates for bonds issued by
the Federal Government are held at the central bank. INDEVAL therefore holds securities on
an immobilised but not on a dematerialised basis.
4.3.1.2 Participation
Both domestic and foreign financial entities are allowed to participate directly in DALI. Tout
participants in DALI must fulfil certain technical requirements. The main participants in DALI
are banks, broker-dealers, CCV (the CCP for all equities traded on BMV) and the central
bank. At the end of 2009, INDEVAL had 106 domestic and four24 foreign direct participants.
4.3.1.3 Types of transactions
DALI settles all kinds of operations with Mexican securities, which include government and
private bonds, and equities. DALI also settles operations with foreign securities, mainly
equities, and ETFs held in sub-custody by INDEVAL. INDEVAL also provides sub-custody
services through global custody banks and international central securities depositories
(ICSDs). In addition, DALI provides securities lending and borrowing services as well as
tri-party repo services.
4.3.1.4 Operation of the system
DALI operates from 07:46 to 16:15 every business day. DALI offers participants two access
mechanisms: INDEVAL Financial Protocol and Portal DALI. INDEVAL Financial Protocol was
23
Details on finality in DALI are described in Section 4.3.1.4.
24
One CSD and three banks.
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designed for computer-to-computer communications (H2H). Based on the ISO 15022
message format, this protocol supports straight through processing to reduce costs and
operational risks. Portal DALI is a web interface that enables depositors to access DALI
services from their browsers. All instructions to DALI bear a digital signature, based on a
public key infrastructure. All settlement advices sent by DALI also bear a digital signature.
DALI settles most money market trades on the trade day. DALI uses a liquidity-saving
clearing model and settles transactions on a DVP, near real-time basis. The system
maintains a queue of pending trades and chooses at frequent intervals25 the highest-value
set of transactions that can be cleared and settled with the available cash and securities
balances. Transactions that cannot be settled immediately are queued for later settlement.
Settlement is final when DALI sends its depositors a settlement advice with the debits and
credits in their accounts.
4.3.1.5 Risk management
As the netting scheme in DALI generates no overdrafts in particpants’ accounts, DALI does
not extend credit to its depositors and thus faces no credit risk from the settlement process.
DALI participants have a domestic currency cash account in the system to settle payments
generated by transactions. DALI has an account in SPEI, and DALI participants make
payments in SPEI to DALI to fund their accounts. Balances in the DALI cash accounts are at
all times fully backed by deposits in central bank money in SPEI. DALI uses an optimal
clearing procedure that, at least every two minutes, determines the transactions that can be
settled with the available participants’ balances in cash and securities. Some transactions
may be settled only partially.
DALI’s liquidity-saving model significantly reduces liquidity risk, and near real-time settlement
avoids end-of-day risk concentration.
4.3.1.6 Links to other systems
Any party with a bank account can credit any DALI participant’s cash account through SPEI.
DALI participants can also transfer balances from their DALI cash account to any SPEI
account and, through it, to any bank account in Mexico.
When DALI closes at the end of the day, all cash balances are automatically transferred to
predefined accounts. If a DALI participant is also a participant in SPEI, the predefined
account generally is its SPEI account. In other cases, the predefined account is a bank
account.
4.3.1.7 Pricing
Each month, participants pay fees of two principal types: one levied on the value of the
securities they hold at INDEVAL and another based on the number of transactions settled.
For debt securities (including Federal Government securities) the monthly fee ranges from
0.00014% to 0.000075% of the average value in that month; while for equities it is between
0.00058% and 0.00017% of the average value. Custody fees for INDEVAL shareholders are
rated at 50% of the fees paid by other participants. Transaction fees depend on the role of
the participant in the transaction: whether it is transferring securities or making a payment,
and also on whether it uses H2H or Portal DALI to access the system (see Section 4.3.1.4).
The fee for H2H transactions is half that for Portal DALI transactions. This arrangement has
a twofold purpose, to reflect the actual costs of these two services in INDEVAL’s fees, and to
promote STP. The H2H fee for domestic securities transfers between two accounts of the
25
No later than two minutes after receiving a new instruction.
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same participant is MXN 8 per transaction, if the securities transfer is between the accounts
of two different participants the fee is MXN 12. The H2H fee for a payment transaction is
MXN 2.
For cross-border securities transactions, participants pay custody and transaction fees that
are based on the fees that INDEVAL pays to the respective global custodian or ICSD.
Changes in INDEVAL’s fees require the approval of CNBV and the central bank.
4.3.1.8 Major ongoing and future projects
INDEVAL has started work on two major projects, a trade repository for OTC derivatives and
a CCP for debt securities.
4.4
Use of securities infrastructure by the Bank of Mexico
The central bank is a direct participant in DALI for the following activities: First, the central
bank is the financial agent of the Federal Government and the payment agent for securities
issued by the Federal Government. Second, the central bank holds the physical certificates
that back Federal Government securities while INDEVAL manages the custody of these
securities through its book entry system.
Transactions in the primary and secondary market are settled through DALI. The central
bank acts as agent in DALI to pay interest on Federal Government securities and to redeem
these securities. At the end of 2009, Federal Government securities worth MXN 2.7 trillion
were outstanding.
The central bank also acts as the issuing and paying agent for securities issued by the
Mexican deposit insurer, IPAB, and for central bank bonds.
SHCP provides a securities lending programme for banks and broker-dealers that act as
market-makers for Federal Government securities. At the end of 2009, there were eight
market-makers appointed by SHCP. The securities lending programme is jointly operated by
INDEVAL and the central bank.
The central bank provides liquidity to banks with a view to (i) regulating the supply of money
in the market (monetary policy implementation); (ii) giving support to banks with liquidity
needs (discount window); and (iii) promoting the smooth functioning of the payment system.
In its monetary policy implementation and in the discount window facility, the central bank
provides banks with liquidity through repo transactions. To participate, banks transfer
securities to the central bank’s securities account in DALI. For its part, the central bank
registers a repo in its books and delivers cash to the banks’ current accounts at the central
bank. To provide liquidity to the payment system, the central bank accepts same-day repo
operations with banks and sends instructions to DALI to settle these repos. To use this
facility, banks must give DALI a standing instruction to grant the central bank access to their
accounts (see Section 1.2.2).
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Payment, clearing and
settlement systems in
Russie
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Contenu
List of abbreviations..............................................................................................................285
Introduction ...........................................................................................................................287
1.
Institutional aspects.....................................................................................................288
1.1
The general institutional framework ...................................................................288
1.1.1 The legal framework .................................................................................288
1.1.2 Providers of payment services..................................................................290
1.2
The role of the Bank of Russia...........................................................................293
1.2.1 Organisation of cash circulation................................................................293
1.2.2 Organisation of non-cash payments .........................................................294
1.2.3 Standing liquidity facility............................................................................295
1.2.4 Operator....................................................................................................295
1.2.5 Oversight...................................................................................................295
1.2.6 Catalyst role of the Bank of Russia...........................................................296
1.3
The role of other private and public sector bodies .............................................297
1.3.1 Federal Treasury.......................................................................................297
1.3.2 Russian banking associations...................................................................298
1.3.3 Federal Financial Markets Service (FFMS) ..............................................299
1.3.4 Stock exchanges.......................................................................................299
1.3.5 Depositories ..............................................................................................300
2
Payment media used by non-banks ............................................................................300
2.1
Cash payments ..................................................................................................300
2.2
Non-cash payments ...........................................................................................301
2.2.1 Credit transfers .........................................................................................301
2.2.2 Direct debits ..............................................................................................302
2.2.3 Cheques....................................................................................................303
2.2.4 Payment cards ..........................................................................................303
2.2.5 E-money....................................................................................................305
2.2.6 Other payment instruments.......................................................................305
3
Funds transfer systems ...............................................................................................305
3.1
Large-value payment systems ...........................................................................305
The Bank of Russia Payment System (BRPS) ..................................................305
3.1.1 VER and MER systems ............................................................................307
3.1.2 BESP system ............................................................................................311
3.1.3 Payment system using letters of advice....................................................315
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4
Systems for post-trade processing, clearing and securities settlement...................... 316
4.1
General overview .............................................................................................. 316
4.2
Post-trade processing system ........................................................................... 317
4.3
Central counterparties and clearing systems .................................................... 318
4.3.1 Moscow Interbank Currency Exchange (MICEX)..................................... 318
4.3.2 The RTS Clearing Centre......................................................................... 320
4.4
Securities settlement systems ........................................................................... 321
4.4.1 The National Settlement Depository ........................................................ 321
4.4.2 The Depository Clearing Company .......................................................... 323
4,5
284
Use of securities infrastructure by the central bank........................................... 324
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List of abbreviations
AP
Associated Participant
ARB
Association of Russian Banks
AU M
Automated Teller Machine
BESP System
Banking Electronic Speedy Payment System
BIC
Bank Identification Code
BoR
Bank of Russia
BRPS
Bank of Russia Payment System
CC
Clearing Chamber
CCP
Central Counterparty
CIS
Commonwealth of Independent States
CJSC
Closed Joint Stock Company
CPSS
Committee on Payment and Settlement Systems
DCC
Depository Clearing Company
DP
Direct Participant
DVP
Delivery versus Payment
EPM
Electronic Payment Message
EurAsEС
Eurasian Economic Community
FFMS
Federal Financial Markets Service
FSUE
Federal State Unitary Enterprise
GKO
Government Short-term Zero-coupon Bond
GSM
Government Securities Market
IOSCO
International Organization of Securities Commissions
ISO
International Organization for Standardization
KOI
Collective Data Processing System
KTsOI
Easy-access Collective Data Processing Centres
MER
System for Interregional Electronic Payments
MICEX
Moscow Interbank Currency Exchange
MoF
Ministry of Finance of the Russian Federation
MSE
Moscow Stock Exchange
NAMEX
National Mercantile Exchange
NCI
Non-bank credit institution
NP
Non-for-profit Partnership
NSD
National Settlement Depository
OFZ
Federal-loan Bond
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Russie
OJSC
Open Joint Stock Company
OTC
Over-the-counter
POS
Point of Sale
RTGS
Real-time Gross Settlement
RTS
Russian Trading System
Caroline du Sud
Settlement Chamber
SDC
Settlement Depository Company
SE
Stock Exchange
SP
Special Participant
SPBEX
St Petersburg Exchange
SPCEX
St Petersburg Currency Exchange
SPRS
Single Postal Remittances System
SVK
Customer Interaction Interface
SWIFT
Society for Worldwide Interbank Financial Telecommunication
TSER
Electronic Settlement Transport System
VER
System for Intraregional Electronic Payments
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introduction
Russia’s financial market infrastructures (FMIs) have evolved rapidly in response to
economic growth, technical innovation and regulatory initiatives. These changes will increase
the Russian payment system’s efficiency and bring it into line with international standards.
The Russian payment system comprises the Bank of Russia payment system (BRPS) and
other payment systems operated mainly by credit institutions.
The BRPS comprises the system for intraregional electronic payments (VER), the system for
interregional electronic payments (MER), the Banking Electronic Speedy Payment system
(BESP system), and a payment system based on letters of advice.
The most significant recent development was the creation of the BESP payment system
within the BRPS framework. Introduced at the end of 2007, the BESP system provides
nationwide settlement on a real-time gross settlement (RTGS) basis for both urgent interbank
payments and the non-urgent payments of non-bank institutions.
The banking system plays a key role in supporting the national payment system as it
provides the main channel for payment transactions in the economy. Credit institutions
provide clients with various payment instruments and services by executing payments
through the BRPS and through correspondent accounts opened with each other or in their
own interbranch networks.
Non-cash payment instruments include credit transfers, direct debits, cheques, payment
cards and e-money. The main payment instruments are credit transfers, by which the bulk of
payments are executed.
A significant trend is the increasing use of payment cards. The national payment card market
consists mainly of international card payment schemes, with some Russian participants. le
volume of transactions has grown strongly in recent years, while average transaction values
have remained modest. Internet banking and mobile payment services are also being widely
implemented.
The dynamically developing payments market has brought new players onto the stage in
recent years. Besides credit institutions and the Russian Post, which have traditionally
provided payment services, non-bank providers have entered the market as agents,
supplying new infrastructure services and offering innovative payment instruments to
consumers.
Two main groups provide trade, clearing and settlement services on the Russian securities
market: the Moscow Interbank Currency Exchange Group (MICEX Group) and the Russian
Trading System Group (RTS Group). The infrastructure is being improved to provide faster
and more secure post-trade services. The MICEX Group has been reorganised to develop
an integrated infrastructure. Moreover, a National Settlement Depository (NSD) that
combines settlement and depository activities was created.
The BRPS aims at effective integration with other national financial market infrastructures to
promote their efficiency and settlement security.
The development of the country’s payment system requires a sound legal framework, which
is a key priority for the Bank of Russia. A new federal law “On the national payment system”,
drafted by the Ministry of Finance of the Russian Federation and the Bank of Russia, was
adopted in June 2011. The act regulates different types of payment operators, payment
systems and infrastructures, and mandates the Bank of Russia to supervise and oversee the
national payment systems.
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1.
Institutional aspects
1.1
The general institutional framework
1.1.1
The legal framework
The payment system of Russia is governed by the Civil Code of the Russian Federation as
well as by various federal laws, in particular those applying to:

the Central Bank of the Russian Federation (Bank of Russia);

banks and banking activity; et

the postal service.
The payment system is also subject to the regulations of the Bank of Russia.
The Civil Code of the Russian Federation sets out the key norms that regulate cash and
non-cash payments. It establishes that payments between legal entities, as well as between
individuals, can be effected with cash or with non-cash instruments. The Civil Code also
defines the terms of agreements on bank deposits and bank accounts,1 which include
queuing of funds withdrawals in the event of insufficient funds on the account to satisfy all
claims (priority of execution depending on the purpose of payment),2 the timing of operations
through the account, payment instruments and the responsibilities of payment system
participants. The Civil Code stipulates that a credit institution is obliged to transfer funds from
a customer’s account and to credit funds to a customer’s account not later than the day after
it receives the relevant payment document (T+1).3 A shorter term can be defined individually
in the contract between credit institution and account holder.
The federal law “On the Central Bank of the Russian Federation (Bank of Russia)”
establishes the objectives, functions and authority of the Bank of Russia (BoR) with respect
to payment systems and funds transfers related to the settlement of trades on Russian
securities markets. The law prescribes that the total time for execution of non-cash payments
must not exceed two business days for intraregional payments,4 and five business days for
interregional payments.
The federal law “On banks and banking activity” regulates the activities of credit
institutions in Russia, determines their legal status, establishes the rules for their registration,
1
The bank account agreement governs the account relationship between a bank and an account holder.
According to a bank account agreement the bank accepts funds on holders’ accounts and executes account
operations on their instructions.
The bank deposit agreement is a legal relationship concerning the placement and repayment of funds.
According to a bank deposit agreement, the bank accepts a deposit and is obliged to return it on the due date
(or on demand) and to pay interest as specified in the agreement. At the same time, the rules of a bank
account agreement generally apply to the relations between bank and depositor concerning the account on
which the deposit was placed.
2
Payments of public importance take priority (eg payments of alimony claims, salaries etc).
3
The payment document is a specific term used in Russian legislation to refer to a payment instruction
instrument used to effect payment transactions. A payment document can be presented to a payment services
provider on paper as well as electronically (see Section 2.2). In this report, the term “payment document” is
used exclusively with this meaning.
4
The Russian Federation comprises national republics, territories, regions, cities of federal importance, an
autonomous region, and autonomous areas. All these entities are referred to as “regions” in this report. Dans
certain cases, a “region” may include several constituent entities of the Russian Federation.
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and defines the list of operations that only credit institutions licensed by the BoR can carry
out, as well as the list of other activities that credit institutions may carry out.
In 2010, the federal law “On payment agents’ activity concerning reception of
payments from individuals” and related legislative amendments came into effect. Ce
federal law provides the legal basis for the development of agent schemes for receiving
payments from individuals through payment agents and bank payment agents (see
Section 1.1.2.3).
Rules and procedures for operations using cash and non-cash means of payment in
payment systems are defined by the regulations of the BoR, while agreements between
participants and the payment system operators govern the responsibilities of the payment
system participants.
To create a comprehensive, up-to-date legal basis for the national payment system, the
Ministry of Finance (MoF) and the BoR have jointly drafted the federal law “On the national
payment system”. The main objective is to establish a legal framework for the functioning of
the national payment system based on common principles. The law was signed by the
President of the Russian Federation and officially published on 30 June 2011. It will come
into force after 90 days (except for certain provisions for which other terms are established).
The key provisions of the law include:

Definition of e-money and procedures for its transfer, as well as requirements for
credit institutions (e-money operators) concerning e-money transfers.

Establishment of procedures for interaction between mobile phone companies and
e-money operators.

Establishment of procedures for registration of payment system operators for
supervision purposes.

Definition of important (systemically important and important to the public) payment
systems and additional requirements for such systems.

Establishment of requirements for the payment system infrastructure.

Establishment of requirements for risk management systems within payment
systems.

Establishment of procedures for supervision of the national payment system,
authorising the BoR to monitor payment system and infrastructure operators.

Establishment of procedures for the oversight of the national payment system with a
focus on the important payment systems.
The laws, regulations and contractual provisions that constitute the legal framework for the
BRPS set out the rights and obligations of each party involved in transferring funds via the
BRPS. The procedure for effecting payments through the BRPS is defined by the BoR’s
regulations on the basis of the Civil Code and federal laws. The BoR’s regulations define
such terms as irrevocability and finality of payment,5 and provide for the use of a collateral
mechanism in providing secured loans and the crediting of an account for carrying out
payments in the BRPS. The BoR’s regulations also determine payment instruments and their
formats, the procedures in the BESP system, the procedure for processing cycles and
continuous processing of payments in the Moscow Region, the rules for the exchange of
electronic messages between the BoR and its customers and the procedure for effecting
electronic payments and settlements using letters of advice (see also Section 3.1.3).
5
For a definition of irrevocability and finality see Sections 3.1.1.4 and 3.1.2.5.
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The BoR’s regulations provide the detailed part of the legal framework for payments and are
compulsory for all payment systems. The relationships between the BoR and credit
institutions and other customers that relate to settlement operations through the BRPS are
regulated by standards, correspondent account contracts and electronic message exchange
agreements.
The contracts between the BoR and its customers comply with civil legislation and should not
in principle stand at variance with federal standards and subordinate legislation. cependant,
according to the principle of freedom of contract established in the Civil Code, contracts may
include provisions that are not stipulated by legislation.
1.1.2
Providers of payment services
1.1.2.1 Credit institutions
According to the Civil Code of the Russian Federation, non-cash payments must be effected
through credit institutions.
A credit institution is a legal entity with the right to carry out banking operations as a profitmaking entity as defined in the federal law “On banks and banking activity”.
The activity of credit institutions is considered legal only if they have a licence granted by the
BoR. The licence specifies the banking operations that the credit institution can execute.
Credit institutions are not allowed to engage in industrial production, commercial trade or
insurance activities.
There are two types of credit institutions: banks and non-bank credit institutions (NCIs). le
key distinguishing feature of banks is that only they are allowed to carry out the following
banking operations: to accept deposits (sight and time) from individuals and legal entities; à
use deposited funds in their own name and for their own account; and to open and maintain
bank accounts for individuals and legal entities. NCIs can execute certain banking
operations, as may be determined by the BoR. The majority of NCIs in Russia specialise in
effecting payments and act as settlement banks in securities markets. These NCIs are
defined by the BoR as “settlement NCIs”.6 Other NCIs specialise in carrying out certain kinds
of deposit and credit operation and do not have the right to act as settlement banks.
According to the federal law “On banks and banking activity”, all banking operations and
deals are effected in rubles. A bank can only carry out banking business in a foreign currency
if appropriately licenced to do so by the BoR.
At the end of 2009 there were 1,058 credit institutions in Russia, including 1,007 banks and
51 NCIs, of which 47 were settlement NCIs. The credit institutions had 3,183 branches and
37,547 sub-branches. The registered authorised capital of operating credit institutions was
1,244.4 billion rubles.7
At the end of 2009 there were 226 credit institutions in Russia with foreign shareholdings. De
these, 82 had 100% of their authorised capital held by non-residents, and 26 were 50–99%
held by non-residents.
Banks
Banks are licenced to conduct banking operations by the BoR. The federal law “On banks
and banking activity” stipulates that the following activities require a licence from the BoR:
6
The term is established in the BoR’s regulations.
7
Exchange rate RUB/USD at end-2009: 30.2442.
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
deposit-taking from individuals and other legal entities;

the use of deposited funds in the institution’s own name or for its own account;

the opening and maintenance of bank accounts for individuals and other legal
entities;

making payments across their accounts to the order of individuals and legal entities,
including correspondent banks;

collecting funds, bills of exchange, payment documents and providing cash services
for individuals and legal entities;

buying and selling foreign currency in cash or non-cash;

accepting and placing deposits in precious metals;

issuing bank guarantees; et

transferring funds to the order of individuals who are not in account with the bank
concerned.
In addition, banks may manage assets under trust relationships with individuals and other
legal entities, as well as conduct transactions in precious metals and precious stones, rent
out special premises and safes for storing documents and valuables to individuals and other
legal entities, engage in leasing operations, and provide consulting and information services
etc. These activities do not require a licence from the BoR.
Banks can make payments through the BRPS via correspondent accounts; through accounts
with settlement NCIs; and through accounts within their own interbranch network. le
opening of correspondent accounts and execution of payment operations across such
accounts are regulated by provisions within legislation and the BoR’s regulations, and by
bilateral agreements between credit institutions. The procedure for conducting interbranch
payments is independently set out in the internal rules of a credit institution and subject to
compliance with BoR requirements.
Settlement NCIs
Settlement NCIs are authorised by the BoR to carry out the following banking operations in
domestic and foreign currencies:

opening and maintaining bank accounts for legal entities;

effecting payments for legal entities, including correspondent banks;

collecting funds, bills of exchange, payment documents and providing cash servicing
for legal entities;

buying and selling foreign currency in non-cash form; et

transferring funds for individuals without bank accounts at the institution concerned.
Given the settlement NCIs’ focus on maintaining customers’ accounts and effecting
payments, the BoR has restricted them (unlike banks) in the use of their own funds and
those of customers to make investments on their own behalf and for their own account.
However, settlement NCIs are authorised to provide credit to settlement participants for
completion of settlement using funds set up by settlement participants for this purpose.8
8
The BoR requires settlement NCIs to establish a liquidity maintenance fund based on contributions from
settlement participants. The fund provides credit for the completion of settlements on terms of up to three
days. The use of money from the fund is regulated by the agreement “On establishing of liquidity maintenance
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1.1.2.2 Russian Post
The Russian Post, a federal state unitary enterprise, operates the federal postal service. Il
has a wide network of post offices.
Together with postal services, the Russian Post offers a wide range of financial and
telecommunication services. Postal remittances are one of the most important of these
financial services.
Prior to 1997, postal remittances were executed by mail or cable transfer. Electronic
remittances, via the internet and other channels, have been available since 1997, with data
security assured by encryption and the use of electronic signatures.
In 2002, the Single Postal Remittances System (SPRS) was launched by a federal
programme that aimed to promote the development of electronic remittances. At present,
almost all postal remittances are processed by the SPRS,9 which covers more than 40,000
postal service branches and includes 16,000 network terminals and 1,600 intermediate
centre terminals.10 Electronic remittances can be completed in no more than 72 hours, from
payment execution to delivery. The service is used for a wide variety of transactions,
including loan repayments and payments for goods and services.
The Russian Post plans to introduce addressless transmission of funds so that remittances
can be received in any post office connected to the service. Another new product will be a
so-called urgent remittance with delivery guaranteed at any destination post office within one
hour.
1.1.2.3 Payment agents and bank payment agents11
Payment agents and bank payment agents have become increasingly prominent within the
retail payment services market in recent years. Such agents allow individuals to pay for
goods and services quickly via payment terminals12 and ATMs without the need to visit a
bank or pay a supplier directly in cash.
A customer settles a bill for goods and services by paying over cash or using a payment card
at any agent’s receiving point – which can be either a self-service payment terminal or the
branch of a payment agent, such as a shop, kiosk or office, where a cashier can accept a
cash payment and payment instruction for the bill and issue a receipt. The funds are then
transferred to the payment agent’s account with a credit institution. Settlement is effected
either through accounts within the same credit institution or via correspondent accounts held
with the BoR or other credit institutions.
funds” which stipulates that settlement participants are jointly responsible to the settlement NCI for the
repayment of such credit.
9
Together with the Russian Post, banks and remittance systems (Western Union, MoneyGram etc) also have
licenses to offer remittance services through the SPRS.
dix
A network terminal is a secure postal terminal providing receipt and delivery of remittances, while an
intermediate centre terminal converts paper documents into electronic documents and vice versa.
11
A payment agent is a legal entity or individual authorised to accept payments from customers on behalf of
suppliers of goods and services on the basis of agreements concluded with the suppliers. A bank payment
agent is a legal entity or individual who receives payments from individuals and carries out certain other
activities on behalf of a credit institution. A bank payment agent is not a branch of a credit institution.
12
A payment terminal of a (bank) payment agent is not an ATM but a self-service device that accepts cash
payments but cannot be used to withdraw cash. Payment terminals of bank payment agents can accept
payment cards.
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At present, the infrastructure of payment agents and bank payment agents covers most
regions of the Russian Federation. Their payment terminals are widespread at retail points of
sales, around subway stations etc.
Payment agents and bank payment agents receive payments from individuals for goods and
services, as well as payments addressed to state bodies, local self-governing bodies and
non-profit institutions controlled by the government. Individuals can also use bank payment
agents to pay money into their bank accounts, access payment card services and send
instructions to credit institutions to make payments from one bank account to another.
When setting the terms of agreements, payment agents and bank payment agents are
subject to the same requirements as those that govern payments, the use of bank accounts
and cash registers, fees and legal liability.
1.2
The role of the Bank of Russia
The federal law “On the Central Bank of the Russian Federation (Bank of Russia)” makes the
BoR responsible for the effective and smooth functioning of the payment system. À cette fin,
the BoR establishes the rules for effecting payments in the Russian Federation; reserves the
exclusive right to issue cash and organise its circulation; and defines the procedure for
effecting payments with international organisations and foreign states as well as with legal
entities and individuals. The BoR is the lender of last resort to credit institutions and provides
them with refinancing facilities, and it carries out payments through its payment system.
The BoR system comprises its Head Office, regional branches, other branches known as
“settlement cash centres”13 and such other organisations as are necessary to carry out its
activities. These organisations are located in all regions of the Russian Federation to ensure
the coordination of the BoR’s activities. They play a vital role in effectively organising and
regulating payments and settlements across the country’s nine time zones.
In the national republics of the Russian Federation, the BoR’s regional branches are called
“national banks”, and in all other regions they are called “main branches”. The BoR’s regional
branches do not have a separate legal personality or make decisions of a regulatory nature.
At the end of 2009, there were 79 regional branches, 78 head settlement cash centres and
552 settlement cash centres in Russia.
1.2.1
Organisation of cash circulation
The official currency unit of the Russian Federation is the ruble. One ruble comprises
100 kopecks.
The BoR has the sole authority to issue cash (banknotes and coins), approve its
denominations and design, organise its circulation and withdraw it from circulation. Ses
banknotes and coins are the Russian Federation’s sole legal tender. The BoR implements
anti-counterfeiting measures, and develops new preventive features for banknotes and coins.
In accordance with legislation, and to discourage the excessive use of cash, the BoR has set
a ceiling on the size of cash payments between legal entities, between a legal entity and a
13
A settlement cash centre is the organisational unit of the BoR’s payment network that supports the opening of
bank accounts for customers, and compiles and transmits electronic messages to the BoR’s authorised
branches. It can also, as required, collect paper-based payment documents from customers and convert them
into electronic form, provide cash services to customers and execute payments using letters of advice. Each
national bank and main branch has settlement cash centres, one of which acts as the head settlement cash
centre.
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sole proprietor, and between sole proprietors. No cash payment under a single contract
between such parties may exceed 100,000 rubles. There are no such restrictions for
personnes.
To support cash circulation in the Russian Federation, the BoR:

plans and organises the production, transportation and storage of banknotes and
coins and the creation of the associated reserve funds;

sets rules on the safekeeping, transportation and collection of cash for credit
institutions;

sets the criteria for accepting banknotes and coins, and procedures for destroying
banknotes and coins, as well as for exchanging damaged banknotes and coins; et

sets the rules for conducting cash operations.
The BoR monitors cash money turnover and changes in its structure, analyses the
breakdown of banknote and coin denominations in circulation with regard to the needs of the
economy, tracks the lifespan of different denominations of banknotes and coins, calculates
banknote requirements by denomination and region, and plans the manufacture of
banknotes and coins.
At the end of 2009, the following banknotes and coins of the BoR’s 1997 design were in
circulation: seven denominations of banknotes (five, 10, 50, 100, 500, 1,000 and 5,000
rubles) and eight denominations of coins (one, five, 10 and 50 kopecks and one, two, five
and 10 rubles).
1.2.2
Organisation of non-cash payments
According to the federal law “On the Central Bank of the Russian Federation (Bank of
Russia)”, the BoR coordinates and regulates the organisation of payments and funds
transfers related to settlements on the Russian securities market.14 The BoR establishes
rules, instruments, timing and standards for effecting non-cash payments and monitors the
payment activities of credit institutions on the basis of statistical reports.
Non-cash payments in the Russian Federation are effected in both national currency (rubles)
and foreign currency (where permitted by federal law).
The BoR provides payment services to credit institutions and other legal entities as specified
in the law.
The above law also empowers the BoR to carry out banking operations for state bodies and
local self-governing bodies and their organisations, and state extra-budgetary funds,15
military units, military servicemen, employees of the BoR and also other persons as specified
by federal law. In addition, the BoR may provide services to customers that are not credit
institutions in regions which lack credit institutions.
All credit institutions located in the Russian Federation and licenced by the BoR must open a
correspondent account with its local branch of the BoR. It may also open a correspondent
sub-account for its branch.
14
In general the BoR regulates the cash leg of settlements on the securities market. The securities leg is
regulated by the Federal Financial Markets Service (FFMS).
15
The Pension Fund, the Social Insurance Fund, the Federal and Territorial Obligatory Medical Insurance
Funds, Social Support Fund and the regional and local governments’ extra-budgetary funds.
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Other customers also have bank accounts with local branches of the BoR, which can be
used for making payments (for more details see Section 3).
Each credit institution and branch of the BoR has a bank identification code (BIC), which
identifies them as participants in the BRPS; the BIC must be used when completing payment
documents and effecting transactions.
At the end of 2009, some 1,058 credit institutions, 2,253 branches of credit institutions and
about 15,000 non-credit institutions were in account with the BoR.
1.2.3
Standing liquidity facility
For the purpose of maintaining the money supply at a certain level, credit institutions must
maintain reserve accounts with the BoR. Credit institutions that meet BoR criteria can use
the required reserves averaging framework, which allows them to use required reserves as
short-term liquidity, provided that the average balance of reserves during averaging period16
is maintained at the required level. At present, the following ratios apply to average required
reserves: 0.6 for all credit institutions excluding settlement NCIs and 1.0 for settlement NCIs.
Thus, credit institutions may use from 60% to 100% of the total amount of required reserves.
The BoR also provides credit institutions with secured short-term liquidity for payment
purposes by providing intraday and overnight credit on their correspondent accounts
(sub-accounts) with the BoR. Credit institutions may redistribute their funds between different
payment systems of the BRPS.
Other forms of credit provided by the BoR to credit institutions include lombard loans, loans
secured by non-marketable assets and guarantees, unsecured loans17 etc, as well as
liquidity supplied through repo and currency swap operations.
1.2.4
Operator
The BoR is the owner and operator of its own payment system. Software developed by the
BoR and its infrastructure are designed to meet scalability and business continuity
requirements.
The BoR monitors and controls its payment system on a day-to-day basis and plans for
business continuity at all levels.
As the owner, regulator, manager, and supervisor of the payment system, the BoR takes
appropriate steps to develop the system in line with the needs of the economy.
1.2.5
Oversight
The BoR defines the key areas of its payment system oversight activities in accordance with
international standards and best international and national practices.
The BoR’s oversight activity covers all the institutional and infrastructural elements of the
payment system, including large-value payment systems, retail payment systems, payment
infrastructure and payment instruments. The main focus is on systemically important
payment systems.
Oversight activities are coordinated through meetings and contacts with the representatives
of Russian and international payment systems. A preliminary report on these payment
16
The averaging period runs from the 10th day of each month to the 10th day of the following month (inclusive).
17
In extraordinary circumstances. Since the end of November 2010, no unsecured lending has been
outstanding to credit institutions.
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systems,18 conducted in 2010, assessed their compliance with the international standards
developed by the CPSS and the International Organization of Securities Commissions
(IOSCO).
The major priority is to create a legal framework which authorises the BoR to oversee all
institutional and infrastructural elements of the Russian payment system. This project is part
of a wider move to improve national payment system legislation. Such legislation would
considerably extend the BoR’s regulatory scope to include service operators with payments
activities.
Oversight of the Bank of Russia Payment System
The law “On the Central Bank of the Russian Federation (Bank of Russia)” provides for
oversight of the BRPS. This is implemented at two levels, reflecting the country’s federal
structure:

at the federal level by the BoR department responsible for BRPS oversight; et

at the regional level by regional branches of the BoR.
This two-level oversight reflects the BPRS’s interconnected centralised and regional
subsystems. Participants hold accounts in the appropriate branches of the BoR’s network.
The BoR carries out its federal and regional BRPS oversight activities as follows:

At the federal level the BoR oversees its payment system as a whole, setting the
objectives and scope of oversight, as well as the methodology, procedures and
tools. It has also implemented a uniform oversight methodology for the payment
system’s regional subsystems. The oversight of the BESP system is also conducted
at a federal level.

At the regional level the BoR implements the oversight methodology for the regional
subsystem of its payment system.
BRPS oversight is based on data from the BoR regional branches and the various BRPS
subsystems.
To improve the quality and timeliness of BRPS-related information, the BoR is building a
centralised information analysis system for its payment system that will help identify payment
system risks, assess the behaviour of individual participants, groups of participants and the
system as a whole, and improve the response to critical situations.
1.2.6
Catalyst role of the Bank of Russia
The BoR acts as a catalyst, initiating and coordinating the process of making adjustments to
the national payment system rules and procedures that enhance its stability and efficiency.
The BoR also chairs or coordinates consultations and working groups19 that advise on
processes and standards for the national payment system. The BoR promotes the wider use
of electronic documentation in the payments area through a special working group that
includes credit institutions.
18
The BoR does not yet have the legally established authority to oversee and regulate payment systems
(including the collection of necessary information from these systems). Current oversight activity is therefore
carried out with respect to payment systems that are of substantial importance to the Russian economy and
that have voluntarily agreed to cooperate with the BoR.
19
Typically such working groups include representatives of other regulatory bodies (MoF, FFMS), banking
associations, organisations of financial market infrastructure, credit institutions etc.
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The BoR pays close attention to the adoption of international standards in the domestic
payment system. At the initiative of the BoR, a National Committee for Financial Services
Standardization has been formed within the Federal Agency on Technical Regulating and
Metrology with a view to participation in the International Organization for Standardization
(ISO) Technical Committee 68 Financial Services. To conform as far as possible with
international payment system standards, it is planned, in close cooperation with Russian
financial market representatives, to develop a national standard for financial messages
based on the ISO 20022 methodology.
The BoR also promotes the development of the retail payments market by monitoring,
analysing and publishing reports and statistics. It also interacts with public authorities and the
banking community. Moreover the BoR cooperates with the private sector, in particular with
non-bank operators of retail payment services in order to improve their efficiency and
security.
The BoR cooperates in the field of payment services development with other central banks,
including those of Commonwealth of Independent States (CIS) and the Eurasian Economic
Community (EurAsEС) countries as well as with international financial organisations.
1.3
The role of other private and public sector bodies
1.3.1
Federal Treasury
The Federal Treasury of the Ministry of Finance of the Russian Federation (Federal
Treasury) was created in 1992. It is legally mandated to ensure that the federal budget is
implemented and to supervise operations with federal budget funds.
The BoR is legally obliged to maintain, free of charge, the accounts of the Federal Treasury
and its regional offices (Federal Treasury offices). The value of transactions effected by the
Federal Treasury offices makes up for a substantial part of the total value of the BoR’s
Paiements.
In 2009 the Federal Treasury offices accounted for about 88% of the volume of payments
effected by the BoR across the accounts of its non-credit institution customers, and for 19%
of the volume of payments effected by the BoR for all its customers. The value of payments
conducted by the Federal Treasury offices through the BRPS in 2009 totalled 80% of the
value of payments effected by the BoR across the accounts of its non-credit institution
customers, and 13% of the value of payments effected by the BoR across the accounts of all
its customers.
In 2009 the Federal Treasury and its 79 regional offices joined the BESP system (see
Section 3.1) as associated participants, and they have actively used the BESP system since
December 2009. As a result, the time taken to make and settle budget fund transactions
between the Federal Treasury and its branches has been reduced to one minute.20
20
Before the Federal Treasury joined the BESP system, payments took 2–5 days to settle depending on
whether they were interregional or intraregional.
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1.3.2
Russian banking associations
1.3.2.1 Association of Regional Banks (Association Russia)
Association Russia was created in 1990 and became the first banking association in the
country, initially comprising 44 banks. Now, more than 450 credit and other institutions in
different regions of Russia are members of Association Russia.
The Association aims to develop and strengthen the banking sector by improving banks’
capitalisation, creating economic and legal conditions to attract investment resources to the
Russian banking system, ensuring fair competition and enhancing business efficiency.
Its most important function is to coordinate interests between regional banks, federal and
regional administrative bodies, and the BoR, with a view to improving Russian banking and
payment systems and services.
To these ends, the Association holds regular meetings with executives of the BoR and its
regional branches, and organises advisory and coordinating councils as well as national and
international forums and conferences on issues related to banking and payment activities.
At present, the Committee on Payment and Settlement System Development operates within
Association Russia. It analyses Russian legislation and international practice concerning
payment and settlement systems, and proposes improvements to payment system
regulations. It also contributes to the development and implementation of international
payment standards.
1.3.2.2 Association of Russian Banks (ARB)
The ARB was created in 1993. It is a private not-for-profit organisation that includes credit
institutions and other financial institutions whose activities are related to the functioning of the
Russian financial system.
The most important objectives of the ARB are:

participation in the development of banking business in Russia;

representation and assistance in protecting credit institutions’ interests in legislative
and executive bodies, the BoR, judicial, law enforcement, tax and other authorities;

assistance to credit institutions in consolidating their resources for carrying out
large-scale economic programmes;

provision of organisational, information, analytical, methodical, legal and other
assistance to credit institutions; et

promotion of cooperation between Russian credit institutions and foreign banks,
their unions and associations, and international financial organisations.
ARB includes about 80% of Russian banks that collectively hold more than 92% of the total
banking capital of operating credit institutions and more than 93% of the total assets of the
country’s banking system. At present, ARB has 714 members, including 546 credit
institutions.
ARB cooperates with the BoR on important issues of banking system development, as well
as with regional banking associations and unions, and with the Russian regional banking
community.
In 1997, ARB joined the EU’s Banking Federation, which includes about 3,000 European
banks.
ARB contributes to the development of the national payment system. The Committee on
Payment Systems and Organisation of Settlements operates within the structure of ARB.
Meetings held by the Committee with representatives of the BoR and credit institutions focus
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on the development of draft regulation for Russian payment system activities, among other
topics.
1.3.3
Federal Financial Markets Service (FFMS)
FFMS is the federal executive body that formulates legislation on the financial markets, and
controls and supervises financial markets (except for banking and audit activities). FFMS
reports directly to the Government of the Russian Federation.
FFMS regulates securities markets by:
•
establishing mandatory requirements for the activities of issuers and professional
securities market participants, and for the standards that govern these activities;
•
providing for the registration of securities issues and issue prospectuses, as well as
monitoring and checking that issuers are in compliance with the terms and
conditions of issues;
•
licensing of the activities of professional securities market participants;
•
establishing owners’ rights protection and monitoring the observance of these rights
by issuers and professional securities market participants; et
•
preventing illegal or unlicenced activities in the securities market.
FFMS is a member of IOSCO.
1.3.4
Stock exchanges
At present, there are four trading organisers in Russia (the Moscow Interbank Currency
Exchange (MICEX), the St Petersburg Currency Exchange (SPCEX), the Russian Trading
System Stock Exchange Non-for-Profit Partnership (NP RTS), and the Moscow Stock
Exchange (MSE)), and four stock exchanges, two of which are located in Moscow (the
MICEX Stock Exchange (MICEX SE) and the Russian Trading System Stock Exchange
(RTS)), and two in St Petersburg (the St Petersburg Currency Exchange (SPCEX) and
St Petersburg Exchange (SPBEX)).
According to the federal law “On the securities market”, stock exchanges are market
institutions that organise securities trading. Stock exchanges cannot combine securities
trading with other kinds of professional activities in the securities market, with the exception
of clearing activities (for a description of clearing and settlement services see Chapter 4).
Stock exchanges may be set up as not-for-profit partnerships or joint stock companies, and
may only organise trading between their members. Other securities market participants can
conduct their activities only through the intermediation of stock exchange members.
Any professional securities market participant that conducts activities specified in the federal
law “On the securities market” may become a stock exchange member. The procedures for
joining and leaving the stock exchange as well as for exclusion from the stock exchange are
determined by the stock exchange independently, based on its internal regulations.
A wide range of Russian securities (government as well as corporate securities) and
derivatives is traded on stock exchanges; only a minority is traded over the counter.
In 2009, the value of securities and derivatives trades executed on the major Russian trading
platforms (MICEX, MICEX SE, RTS) amounted to more than 90 trillion rubles. La valeur de
foreign currency trading on the organised foreign exchange market (MICEX Foreign
Currency Exchange Market) was more than 96 trillion rubles.
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1.3.5
Depositories
The federal law “On the securities market” defines depository activity as the provision of
custody services for securities certificates and/or the recording and transferring of rights over
securities. A depository is a professional securities market participant that performs
depository activity under the licence of the FFMS. Only a legal entity can be a depository.
The main aim of depositories is to ensure the rights of investors and shareholders for
securities in the Russian Federation. This is achieved primarily by the immobilisation of
securities certificates, in order to facilitate their circulation and eliminate the risks involved in
their physical transfer from seller to buyer.
Depositories carry out the following main functions:

accounting and custody of securities (securities certificates);

recording information on the ownership rights to securities;

ensuring the delivery of securities held in custody, from buyer to seller, by book
entry across securities accounts;

recording information on the obligations encumbered on securities, as accounted at
the depository;

physically issuing to the owners certificates of securities held in custody when they
withdraw them;

collection, state registration and storage of information received from the issuers of
securities;

receiving the securities income from the issuers, distribution and transfer to
customers’ cash accounts;

redemption of securities; et

cooperation with clearing and settlement systems to settle securities transactions.
In the stock market, depository services are provided by settlement depositories. Settlement
depositories are the depositories that settle securities transactions executed at stock
exchanges and/or other organisers of trading in the securities market.
At present, the Russian stock market (for certain securities segments) has developed a
securities custody system consisting of two settlement depositories, namely, the National
Settlement Depository (NSD), that mainly effects securities settlements at the MICEX SE,
and the Depository Clearing Company (DCC), that mainly effects securities settlements at
the RTS Stock Exchange. Other stock exchanges, which handle considerably lower trade
volumes, cooperate with other settlement depositories (for details see also Chapter 4).
2
Payment media used by non-banks
2.1
Cash payments
The total amount of cash in circulation21 at the end of 2009 was 4,629.7 billion rubles. En espèces
is one of the major payment means used for retail payments in the Russian Federation.
21
Including cash held in vaults at the BoR and at credit institutions.
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As a means of payment, cash is used in payments for retail sales of goods and services, as
well as for salary payments, pensions, allowances and grants.
2.2
Non-cash payments
Non-cash payments in rubles between legal entities or involving individuals, must be effected
in a legally permitted form.
Clients of credit institutions may choose any type of payment instrument or payment
document. These are specified in agreements between credit institutions and their clients.
Non-cash payments are conducted through credit institutions (or their branches) and/or the
BoR across accounts opened in accordance with the agreement on bank accounts (or the
agreement on correspondent bank account/sub-account), unless the law or the payment
instrument used stipulate otherwise.
Individuals may carry out non-cash payments across bank accounts or without opening an
account.
The following payment documents are used to effect non-cash payments: payment orders,
letters of credit, payment claims, collection orders and cheques. Funds transfers on behalf of
individuals without a bank account are conducted through credit institutions by means of
payment orders.
Payment instruments used in Russia include credit transfers, direct debits, cheques,
payment cards and e-money.
2.2.1
Credit transfers
Paper-based credit transfers are initiated at a bank when a customer (or his representative)
presents a payment document in paper form. Funds are transferred to the payee’s bank by
post or electronically as specified in the payment document. Credit transfer instructions can
be executed electronically via special networks, the internet or mobile phone.
In 2009, some 2 billion credit transfers with a total value of 372.4 trillion rubles were effected
in Russia. Although on the decline compared with the 2008 level, the share of credit transfers
remained significant (at 54.3% of the total volume of transactions with payment instruments
and 97.8% of their total value).
In 2009, internet and mobile payments accounted for 31.2% of the total volume of credit
transfers through credit institutions and 37.0% of their total value. In recent years, mobile
payments by individuals have grown significantly, increasing some 1.9 times in 2009
compared with the previous year. This has increased their share in the total volume of credit
transfers effected by individuals from 3.7% to 9.7%. At the same time, their share in the total
value of credit transfers effected by individuals remained insignificant, at 0.5% in 2009.
2.2.1.1 Payments by payment order22
A payment order is the most widely used payment document in Russia. It is used to effect
credit transfers. A payment order is an account holder’s instruction to the bank to transfer a
specified amount to the account of a payee opened with the same or another bank. Paiement
orders can be used for both one-time and recurring payments (standing orders). In the latter
22
In this text, the term payment order is exclusively used to refer to a specific kind of payment document used in
Russia for effecting of credit transfer transactions.
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case, the payer instructs the bank to repeatedly execute a funds transfer to a given payee,
for a set amount on a set series of dates.
In 2009, the share of such payments accounted for 58.1% of the total volume of credit
transfers and 99.3% of their total value.
Payment orders can be used to remit funds for:

delivery of goods, provision of services;

federal, regional and municipal government budgets, and extra-budgetary funds;

loan or interest repayments, and deposit placements; et

other purposes as stipulated by agreement or legislation.
Funds transfers on behalf of individuals without a bank account are conducted by payment
order on the basis of a payment document completed by the individual concerned. The form
of the document is set by the credit institution involved or by the payee.
2.2.1.2 Payments by letters of credit
A credit institution makes payments under a letter of credit, or authorises another bank to
make the payment, when the payee presents the documents specified by the payer within
the letter of credit.
Letters of credit account for an insignificant share of non-cash payments, owing to the
cumbersome nature of the payment process.23
2.2.2
Direct debits
Payment claims and collection orders are used to collect payments by debiting the payer’s
account on the payee’s initiative.
In 2009, the share of direct debits in the total volume and value of transactions with payment
instruments was 3.6% and 0.6% respectively.
2.2.2.1 Payments by payment claim
A payment claim is a payment document comprising a demand by a creditor (payee) to a
debtor (payer) to pay a set amount by debiting the payer’s bank account on the basis of an
agreement. Payment claims are used when payments are made for goods or services, or as
stipulated by an agreement between a payer and a payee. They are usually used for
recurring payments. The payee presents a payment claim to the payer directly, without the
mediation of banks.
Payments by payment claim may be effected either with or without the payer’s specific
authorisation. In the latter case, the payer instructs the bank to pay all future payment claims
from the specified payee without the need to obtain a separate authorisation for each
individual payment document.
Payments by payment claim without specific authorisation are used where agreed by
counterparties. The payer’s bank must be authorised to withdraw funds from the payer’s
account without his specific instructions and be provided with appropriate information
concerning the payee.
23
The processing of letters of credit is both document- and labour-intensive.
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In the case of payments that do require the payer’s specific authorisation, the payer can
instruct his bank to debit his account upon receipt of a payment claim either fully or partially,
on a recurring or a one-time basis, or to refuse payment on grounds stipulated in the
agreement between the counterparties.
2.2.2.2 Payments by collection order
A collection order is a payment document under which funds are withdrawn from the payer’s
account without his approval, prior or otherwise.
Collection orders are used in cases:

when an indisputable funds withdrawal procedure is established by law (eg for the
withdrawal of funds by controlling bodies);24

when a court ruling has established a right to withdraw funds; or25

when agreed by counterparties26 and the payer’s bank has been authorised to
withdraw funds from his account without his specific instructions (ie as in the case of
payment claims without specific authorisation, as described above).
2.2.3
Cheques
Procedures for the processing of cheques and their terms of use are regulated by the Civil
Code as well as by other laws and banking rules.
Cheques issued by credit institutions are used to make non-cash payments.
Credit institutions are free to format cheques as they wish, provided that the cheque contains
all the information stipulated by the Civil Code.
Cheques issued by credit institutions may be used for payments on the basis of agreements,
concluded between credit institutions and customers, and interbank agreements on cheque
Paiements. Rules for processing cheques are set by the credit institutions themselves. Là
is no central cheque clearing organisation in Russia.
Traditionally cheques are not widely used in Russia. Their share in the total volume and
value of payments does not exceed 1%.
2.2.4
Payment cards
The growth in non-cash payment instruments such as payment cards is one of the most
important recent trends in the payment system’s development.
At the end of 2009, some 700 credit institutions had issued and/or acquired payment cards in
the Russian Federation. The number of payment cards issued by credit institutions at the end
of 2009 totalled 124 million, up from 54.6 million at the end of 2005.
24
State entities that can use collection orders to make compulsory withdrawals of funds from a payer’s account
include the Federal Tax Authority, State Pension Fund, State Social Insurance Fund and Federal Customs
Authority. To ensure that funds are duly collected, such entities are entitled, in circumstances defined by law,
to seize funds in a payer’s account(s) by presenting a collection order for the relevant amount outstanding.
25
That is, funds are withdrawn from the account (eg of a debtor) by court order. This is a different procedure to
the one involved in the seizure of funds by a state entity.
26
Typically, collection orders are used in this way to collect penalty payments for failure to comply with the terms
of a contract.
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Both Russian and international card payment schemes are active in the national market. le
number of Russian card payment schemes has remained roughly constant over the past
decade. At the end of 2009, there were about 60 Russian debit and credit card payment
schemes, several times more than the number of international card payment schemes with
cards issued and/or accepted in Russia.27 However, international card payment schemes
account for the largest share (in terms of the number of payment cards, number and value of
payment card transactions etc) in the Russian market.
In 2009, 677.2 million payments by cards issued in Russia were made with a transaction
value of 1.3 trillion rubles. This amounted to 18.0% of the total number and 0.3% of the total
value of all payment instrument transactions. Card payments are settled according to the
rules and settlement procedures of each card scheme. There are currently no regulations on
interchange fees in the Russian debit and credit card market.
Debit cards are the most prevalent type of card in the Russian market, followed by credit
cards and prepaid cards.28
Debit cards
Debit cards accounted for 91.6% of total cards issued at the end of 2009. Their dominant
share is primarily due to the widespread use of payroll card programmes.29
Cartes de crédit
The number of credit cards issued has started to grow rapidly as a result of banks’ consumer
lending programmes. At the end of 2009, credit cards accounted for 6.8% of the total number
of cards issued.
Prepaid cards
The share of prepaid cards in the Russian payment card market remains insignificant, at
1.6% of total cards issued. Prepaid cards are used primarily to make low-value payments for
goods and services (mobile communications, utilities etc) via the internet and mobile phones.
ATMs and POS terminals
Payment card infrastructure for non-cash payments and cash withdrawals has been actively
expanded in recent years. At the end of 2009, there were 354,391 POS terminals and
92,530 ATMs in Russia, including 79,505 ATMs with a credit transfer function (compared
with 140,096, 27,779 and 16,202, respectively, at the end of 2005).
Cash can generally be withdrawn from any ATM with any Visa and MasterCard credit or
debit card. Cards of other international and national card systems are only accepted at
certain ATMs. Some ATMs support a range of functions besides cash withdrawals, including
payments for utility services, airtime for mobile phones, internet services and cable television
subscriptions.
POS infrastructure in Russia is operated by commercial banks and processing companies
that provide acquiring services for organisations that accept card payments for goods and
services. Payments via the national card systems are usually regional (city/town) payments.
27
Cards of the following international card payment schemes are issued in Russia: Visa, MasterCard, Diners
Club, China UnionPay, American Express. Cards of the following international card payment schemes are
accepted in Russia: MasterCard, Visa, American Express, Diners Club, Japan Credit Bureau, China
UnionPay, Golden Cone, Great Wall International, Travelex.
28
Cards with an e-money function.
29
Employees are paid on their transaction accounts, which can be accessed with debit cards.
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Merchants can accept all debit/credit cards of the international card systems on a single POS
terminal, but some national card systems require a proprietary POS terminal.
“Cash back” at the POS is not yet offered in Russia and is not covered by the BoR’s
regulations. Questionnaires have been sent to Russian banking associations and leading
credit institutions to sound out market participants’ opinions on the provision of such a
un service.
2.2.5
E-money
The active use of e-money in the Russian retail payment services market started several
years ago, supported by advances in information and telecommunications technologies.
Two main models of e-money transfer are currently used in Russia:

via prepaid cards issued by credit institutions;

via PC software and telecommunication networks (including internet) supported by
non-banks under various forms of contractual relationship with customers.
The adoption of the federal law “On the national payment system” has provided a legal basis for
e-money regulation. According to the law, only credit institutions (including a new type of
non-bank, non-deposit-taking credit institution that will be permitted to transfer funds including
e-money) are liable for e-money payments. The law also establishes the procedure for e-money
transfers, taking into account the features of the electronic payment instruments used.
2.2.6
Other payment instruments
2.2.6.1 Payments by bank order
Since 2010, a credit institution may use a new kind of payment document – a bank order –
for executing payments on a customer’s bank account or deposit account. Bank orders can
be used in cases where the credit institution (or its branch) is the payer or the payee and the
counterparty to the transaction is a customer.
Bank orders can be used to execute high-volume or recurring payments such as an identical
credit transfer to or direct debit from a large number of customer accounts, eg interest
payments or bank fees.
3
Funds transfer systems
3.1
Large-value payment systems
The Bank of Russia Payment System (BRPS)
The BRPS is a systemically important payment system that plays a key role in the
implementation of monetary and budgetary policy. It also plays a central part in settling
payments by financial market participants, including most interbank payments.
In 2009, 942.9 million payments (555.6 million payments in 2005) with a value of 609.9 trillion
rubles (194.0 trillion rubles in 2005) were made through BRPS. The total value of payments
made through the BRPS was equivalent to 15.6 times Russia’s GDP in 2009.
The average daily volume of payments processed through the BRPS in 2009 was 3.8 million
(2.2 million in 2005) and the average amount per transaction was 646.8 thousand rubles in
2009 (349.2 thousand rubles in 2005).
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In 2009 about 99.8% of the total volume and 99.9% of the total value of payments made
through the BRPS were effected electronically (99.1 and 97.9% respectively in 2005).
The BRPS is used for the settlement of both large-value and small-value payments; the BoR
places no limit on the value of individual payments.
The BPRS must, by law, process free of charge all payments arising from federal, regional
and municipal government budgets, as well as extra-budgetary funds.
The BRPS comprises the following payment systems, which differ by regional coverage,
payment value, rules and daily settlement schedules, categories of participants and payment
instruments, transaction speed, and technology:

the systems for intraregional electronic payments (VER) and for interregional
electronic payments (MER) (see Section 3.1.1);

the Banking Electronic Speedy Payment system (BESP) (see Section 3.1.2); et

the payment system using letters of advice (see Section 3.1.3).
The BRPS regional subsystem comprises the payment systems in each region (or group of
regions), where payments are effected on a daily settlement schedule. Taking into account
the existence of nine time zones in Russia, the schedules of regional subsystems are set in
local time. Operating hours are usually from 9:00 to 18:00 local time. The BESP system (see
Section 3.1.2) operates from 9:00 to 21:00 Moscow time.
The BRPS participants comprise the BoR’s branches, credit institutions (or their branches),
the Federal Treasury (or its regional offices) and other BoR customers other than credit
institutions (ie state bodies and local self-governing bodies, state extra-budgetary funds etc).
To make payments through the BRPS, each customer must have a correspondent account
(sub-account) with a regional BoR branch.
To identify BRPS participants, the BoR maintains the Bank Identification Code Directory
(Russia’s BIC directory), which details the BoR’s branches and customers (name, location,
payment system used etc). The directory does not include BoR’s customers without banking
licenses, details of which are recorded in directories kept on a decentralised basis at the
regional level.
A separate directory within the BESP system gives details of system participants, including
their form of participation and payment limits, if applicable.
Electronic access to the payment system is governed by an electronic document exchange
agreement between the BoR and its customers that details the terms and conditions of
participation, functional and technical requirements, information security obligations, and
business continuity measures.
BRPS is supported on the BoR’s own information and telecommunication infrastructure,
mainly the collective data processing system (KOI), which comprises easy-access collective
data processing centres (KTsOI), the electronic settlement transport system (TSER), which
provides the communication channels and a network that supports BoR message transfer
formats, and the BoR’s customer interaction interface (SVK), comprising the hardware and
software that support interaction with the BRPS. In some BRPS regional subsystems,
information is processed locally (ie outside the KOI).
Security is assured by methodological, technical, organisational and software measures and
protection facilities at all stages of data collection, processing, and storage. These are based
on the software and hardware suites of each payment system’s information security
sub-system.
The BoR has established an information security standard for Russian banking system
institutions that is mandatory for the BoR and recommended for all BoR customers
participating in the BRPS.
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3.1.1
VER and MER systems
Payments are processed in the VER and MER systems in compliance with applicable
legislation, BoR’s own regulations, and the terms of the agreements between the BoR and its
customers.
VER system
The VER systems support electronic payments in the BRPS regional subsystems.
The technology and procedures for making intraregional electronic payments are established
by the BoR’s regional branches30 and specified in the agreements between the BoR and its
customers. Payments in the Moscow Region, which account for a large share of the total
value of payments effected through the BRPS, are regulated by special BoR documentation.
Payments are settled on a gross basis, using an offsetting mechanism, in runs that take
place several times a day, and in real time between the runs.
In other VER systems, payments are executed by batch processing on a gross basis in close
to real-time mode or in runs that take place several times a day. Schedules for intraregional
electronic payments are set by the BoR’s regional branches in local time, taking into account
the BESP system schedule. The VER systems settle payments of the following payment
documents: payment orders, payment claims and collection orders.
A total of 748.7 million payments with a value of 432.7 trillion rubles were effected through
the VER systems in 2009 (464.3 million payments with a value of 153.8 trillion rubles in
2005). They accounted for 79.4% of the total volume and 70.9% of the total value of
payments effected through the BRPS (83.6% and 79.3% respectively in 2005 ).
MER system
The MER system allows electronic payments to be transferred between the VER systems of
different BRPS regional subsystems bilaterally and on a decentralised basis. The MER
system settles payments using only one kind of payment document, a payment order. le
schedule, rules and procedures of the MER system are established by BoR regulations.
In the MER system, payments are carried out on a gross basis with intraday finality, except
for settlements between regions located in remote time zones, which have finality no later
than the next day (T+1).
A total of 192.5 million payments with a total value of 69.6 trillion rubles were effected
through the MER system in 2009 (86.3 million payments with a value of 36.1 trillion rubles in
2005). They accounted for 20.4% of the total number and 11.4% of the total value of
payments conducted through the BRPS in 2009 (15.5 and 18.6% accordingly in 2005).
3.1.1.1 Participation
To participate in the VER and MER systems, BoR branches are required to meet the
necessary technical and security standards. Participating credit institutions (or their
branches) and BoR customers are required to have a bank account with such BoR branches.
As of January 2010, 3,948 participants were registered with the VER systems, this total
comprising 630 BoR branches 1,068 credit institutions and 2,250 branches of credit
institutions. The MER system had 3,940 participants, of which 628 were BoR branches,
1,066 were credit institutions and 2,246 were branches of credit institutions.
30
Except intraregional electronic payments in Moscow and the Moscow Region.
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3.1.1.2 Types of transactions
Payments of the following type are conducted intraregionally and interregionally: payments of
credit institutions (or branches) and their customers; BoR’s customers including the Federal
Treasury, non-bank organisations (branches); financial market infrastructures and the BoR’s
own payments.
A range of liquidity sources can be used for settlement, namely (i) available funds in
correspondent accounts (sub-accounts) of credit institutions (or their branches); (ii) funds
received during the business day; and (iii) the BoR’s standing intraday and overnight credit
installations.
3.1.1.3 System operational and settlement procedures
VER system
In the VER systems, settlements are processed according to a set schedule in close to real
time during the day or runs that take place several times a day, depending on the particular
regional subsystem. To initiate a payment a payer sends an electronic payment message
(EPM) to the KTsOI or, if there is no electronic access, sends a paper-based payment
document to the relevant BoR branch. The EPM is checked to ensure that the payment
document can be fulfilled. EPMs that fail this check are withdrawn from processing and
returned to the sender with a message explaining why the payment has been rejected.
When settlement is made, a check is made that sufficient funds are on account to settle the
payment document (including funds available from secured intraday and overnight credits).
In the Moscow Region, this check also takes into account any offsetting payments. When all
verifications have been received and settlement has taken place, the payer (or the BoR
branch if the customer payer has no electronic access) is notified electronically that its
account has been debited while the payee (or BoR branch) is notified that its account has
been credited.
An approved payment document that has not been settled because of insufficient funds is
placed in the intraday queue and the payer is notified of its status. At the end of the business
day the deferred payment documents are cancelled and the payer is notified.
Customers without electronic access to the BoR branch receive a printed copy of the settled
payment document and a customer account statement.
MER system
The MER system that allows electronic payments to be transferred between the VER
systems of different regions processes payments in three steps. First, the payment is
executed in the VER system that services the payer by debiting the payer’s account; second,
the payment is sent to the VER system that services the payee and, third, the payee’s
account is credited.
In each regional subsystem, a specified BoR branch (the MER principal participant) checks
and registers interregional electronic payments and returns incorrect payments. Message
exchange is supported by servers at the MER Transport Centre in Moscow.
3.1.1.4 Risk management
Credit risk
All payments in the VER and MER systems are settled in BoR money, mitigating credit risk
on settlement assets for system participants.
To reduce credit risk for the BoR and credit institutions, BoR regulations stipulate that
settlement through the VER and MER systems is on a gross basis. BoR regulations, which
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apply to all credit institutions and financial market infrastructures, define irrevocability and
payment finality as follows: a payment carried out through the VER and MER systems is
considered irrevocable as soon as the customer payer’s account is debited in the BoR
branch and it is considered final after the customer payee’s account is credited in the
corresponding BoR branch.
As there is no “zero-hour” rule in Russian legislation, the bankruptcy of a settlement
participant does not affect a payment’s irrevocability and finality.
Other measures that address credit risk include the following:

daily monitoring of credit institutions to ensure that reserve requirements are fulfilled,
debts to the BoR are discharged, no correspondent accounts with the BoR are
blocked for legal reasons;

prudential requirements for the financial stability of credit institutions;

refinancing limits and limits on collateral intraday and overnight credits.
Liquidity risk
BoR regulations stipulate that customer payments can be effected only within a customer’s
liquidity limit and that the customer should be notified of its balance as soon as its account is
credited.
BoR regulations also govern the collateral mechanism whereby the BoR provides intraday or
overnight loans. The BoR can also provide liquidity by means of intraday repo transactions.
Credit institutions may raise additional liquidity (secured intraday and overnight credits)
against collateral of BoR eligible securities, as well as eligible non-market assets, such as
bills of exchange, claims under credit contracts etc.
Operational risk
The BRPS and the VER and MER systems software infrastructures are based mainly on the
collective BoR data processing system. Operational risk management is implemented
through measures that include:

duplication of data processing centres, data processing systems and databases;

backup of technically important facilities and communication channels;

fault-tolerant equipment and servers;

centralised management of software and communication systems;

use of diagnosis and audit facilities;

regular training of staff involved in operations; et

application of business continuity principles at all levels;
If operations are disrupted, all parties involved are informed immediately and appropriate
measures are taken. If necessary, a backup data processing centre is put into operation.
3.1.1.5 Pricing policy
While the BoR aims to recover its costs for the BRPS settlement service, the fees charged
depend on a variety of factors: the type of payment (ie which payment system is used to
settle a payment), the payment method (ie electronic or paper-based), and the time that
payment documents are transferred.
The fee structure incentivises settlement participants to access the BRPS electronically and
to submit payment instructions early in the day. Hence, in the VER and MER systems the
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lowest fees apply to customers using electronic access (from seven to 16 rubles per
payment31 while higher fees (from 17 to 22 rubles per payment) apply to customers using
paper-based payment instruments.
Intraregional electronic payments
Mode de paiement
Electronic payments
(payments using fullformat electronic
payment document)
Transmission channel
Via communications
canaux
On magnetic carriers
Transmission time
Fees1
First time period2
7.00
Second time period
10.00
Third time period
13.00
Heures supplémentaires
20.00
3
16.00
Paper-based
Other payments using
Technologie éléctronique
(payments using
abridged-format
electronic documents)
Via communications
canaux
20.00
First time period
8.00
Second time period
11.00
Third time period
14.00
Heures supplémentaires
21.00
On magnetic carriers
17.00
Paper-based
21.00
Interregional electronic payments
Mode de paiement
Electronic payments
(payments using fullformat electronic
payment document)
Transmission method
Via communications
canaux
Transmission time
Fees
First time period
8.00
Second time period
12.00
Third time period
16.00
Heures supplémentaires
24.00
On magnetic carriers
17.00
Paper-based
21.00
Paper copy of an electronic document service
Fee for printing out a paper copy of an electronic payment message
6.00
Fee for printing out a paper copy of an electronic payment document
6.00
1
2
In rubles; fees per payment.
First time period: from the beginning of business day to 13:00 local time;
3
CDs,
second time period: from 13:00 to 16:00 local time; third time period: from 16:00 to 18:00 local time.
flash drives etc.
31
Depending on the time the payment document arrives at the BRPS.
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Fees for VER and MER services increase towards the end of the business day with the aim
of smoothing out settlement traffic over the course of the day, accelerating funds turnover
and improving liquidity management for credit institutions. Higher fees (from 20 to 24 rubles
per payment) are charged for the electronic payment documents received from customers
closer to the end of the business day.
3.1.1.6 Major current and future projects
The VER and MER systems will be used as a basis for a planned non-urgent payment
un service.
3.1.2
BESP system
The BESP system is a national real-time gross settlement system operated centrally on the
federal level. The BESP system is interlinked with the BRPS’s regional subsystems through
electronic messaging. The BESP system started operations at the end of 2007.
3.1.2.1 Institutional structure
The BESP system is governed by BoR regulations and instructions that set operational rules,
payment procedures, system participation and the maintenance of the participants’ directory.
The BoR has also defined guidelines for operation and oversight.
The BoR has established a special monitoring and control centre to manage the BESP. Ses
day-to-day responsibilities include control of the BESP operations schedule, participation
management and control of the intraday payments queue, which also entails, in case of
gridlock, cancellation (within one business day) of payment limits set by the participants and
the offsetting of queued payments by multilateral optimisation.
3.1.2.2 Participation
BESP participants include BoR branches that provide settlement services to the BoR’s
customers, other BoR divisions that make payments, credit institutions and their branches,
and the Federal Treasury and its regional offices.
BESP participants are categorised as special, direct and associated participants.
Special participants (SP) are BoR branches with the authority to effect payments through the
BESP system. BoR customers may be direct or associated participants of the BESP system.
Direct participants (DP) have direct access, allowing them to conduct payments both for
themselves and on behalf of customers in real time in accordance with the single countrywide settlement schedule. Such participants have access to the full range of BESP services.
To qualify as DPs, credit institutions must meet stringent security and technical requirements.
Associated participants (AP) have indirect access to the BESP system through the BRPS
regional subsystems and the range of services they can use is restricted. To qualify as an
AP, a credit institution must be in account with an SP and have an electronic messaging link
to the BoR.
As of January 2010, the BESP system had 1,155 registered participants, of which 205 were
SPs, 457 were DPs and 493 were APs. As of the end of 2009, BESP participants included
870 credit institutions (or their branches).
BESP services to participants
The BESP system provides settlement for the payments to other BESP system participants
that are initiated by direct and associated participants both on their own behalf and on behalf
of customers. Settlement of payments from DPs is carried out according to the BESP system
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schedule (ie from 9:00 to 21:00 Moscow time), while payments of the APs are carried out
according to the schedules of the regional subsystems.
APs are kept informed about their payments settled through the BESP system and about
their bank account balances.
DPs have access to a range of additional services, including management of payments
(setting priorities and limits on payments, adding/removing payments to/from the payment
queues). They also have access to information on liquidity available at the DP's branches for
BESP operations; balances on correspondent sub-accounts and real-time data on
settlements of DP payments effected through the BESP system, excluded or cancelled
payments etc.
Participation in the BESP system does not preclude BoR customers from effecting payments
through the VER and MER systems.
3.1.2.3 Types of transactions
Payments in the BESP system are effected between BESP participants only. The BESP
system is designed to settle participants’ payments in real time and on a gross basis,
including financial market and monetary policy transactions, budget and interbank payments.
More than 63,000 payments with a total value of 106.6 trillion rubles were effected through
the BESP system in 2009. There are no restrictions on the minimum value of a payment to
be processed though the BESP system. However, payments of more than 1 million rubles
accounted for 86.4% of the total volume and almost 100% of the total value of payments in
the BESP system. The average payment amounted to 1.7 billion rubles.
Payments effected through the BESP system accounted for 17.5% of the total value of
payments through the BRPS in 2009.
Participants decide on grounds of speed and cost whether to route a payment through the
BESP.
3.1.2.4 System operation and settlement procedures
The BESP system is supported within the BoR’s data processing infrastructure, electronic
settlement transport system (TSER) and customer interface (SVK).
Payments in the BESP system are effected using payment orders in the form of electronic
payment messages, which are also used to exchange information (inquiries, confirmations
etc).
DPs and APs can make payments using the liquidity on their bank accounts at BoR
branches. Thus, participants do not need to open additional correspondent (bank) accounts.
However, since DPs may effect payments in the BESP system as well as in the BRPS’
regional systems, they are able to redistribute liquidity across accounts during the business
day.
A payment from one DP to another DP is settled instantaneously in the BESP system. le
DP payer sends an EPM to the KTsOI of the BESP system, which checks whether the EPM
is authentic, if all details are correct and if the payment order can be fulfilled. Once these
checks are completed, the DP payer’s account is debited immediately and the DP payee’s
account is simultaneously credited. If the checks for authenticity or correctness fail, the EPM
is dropped from the processing. If, on the other hand, there are insufficient funds on the DP
payer’s account, the DP’s payment is queued until sufficient funds are received to
automatically carry out the settlement. The DP payer is then notified that the settlement has
been completed.
An AP may only access the BESP system indirectly, through the BRPS regional system.
A payment by one AP to another AP is settled in three steps:
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(i)
an EPM is sent and checked (including a check to verify whether sufficient funds are
on the AP payer’s account) in the BRPS regional subsystem. It is then sent to the
BESP system processing and settlement centre;
(ii)
the settlement operation is carried out in the processing and settlement centre and a
confirmation is sent to the BRPS regional subsystem to debit the AP payer’s
account. At the same time, an EPM is sent to the BRPS regional subsystem to credit
the AP payee’s account; et
(iii)
the AP payer’s account is debited and the AP payee’s account is credited in the
correspondent BRPS regional subsystems.
A DP’s payment to an AP, as well as an AP’s payment to a DP, is settled in two stages and
represents a combination of the BESP system settlement procedures described above
(DP to DP and AP to AP).
3.1.2.5 Risk management
Credit risk
Real-time settlement is the principal means for credit risk mitigation in the BESP system. To
manage other credit risk aspects, the BESP system uses procedures similar to the ones
described above for the VER and MER systems.
To mitigate credit risk for the BoR and credit institutions that are BESP participants, the
BoR’s regulations define irrevocability and finality for all payments effected through the BESP
system as follows: a payment is considered irrevocable as soon as the payer’s account is
debited. A payment is final as soon as the payee’s account is credited. Subsequently, the
corresponding electronic information messages are simultaneously sent to the payer and
payee. Settlement is effected individually for each payment in real time during the business
day.
To further reduce credit risks, BESP participants may also set bilateral and multilateral limits
on payments to other system participants.
Liquidity risk
If funds are insufficient, the BoR can provide intraday liquidity to BESP participants. Crédit
institutions can draw on collateralised intraday and overnight credits within their overdraft
limit. Moreover, DPs can use BoR-provided software applications to manage queued
payments, receive status information on incoming or outgoing payments and offset payments
within the queue. APs can manage payment queues and receive information on the status of
a payment only within their regional subsystems.
The BESP system can identify and resolve gridlock situations and manage DP payment
queues, thereby contributing to real-time risk management.
A DP (credit institution’ head office) can receive information about the liquidity of its
DP branches so that it can manage its liquidity efficiently during the business day.
Operational risk
The approach to managing operational risk within the BESP system is similar to that applied
to the VER and MER systems. System functions, including the IT system, are continuously
monitored and payment activity is analysed daily with a view to ensuring smooth operation.
Data security is assured by a combination of technical and organisational measures. Si
operations are disrupted, all parties involved are informed immediately and appropriate
measures are taken. If necessary, a backup data processing centre is put into operation.
BoR regulations and instructions outline BoR responsibilities in the event of a system
disruption, together with specified responses and contingency plans.
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Real-time and historical data are stored in two separate centres, ensuring that data files can
be restored in the event of any malfunction.
3.1.2.6 Pricing policy
BESP system fees are set according to the type of participation (DP or AP) and thus on the
level of service. They also depend on the payment’s priority (express or regular). Paiements
through the BESP system attract higher fees than those of other payment systems. APs are
charged 20 rubles per regular payment. DPs are charged 25 rubles for a regular payment
and 30 rubles for an express payment.32 Certain information services also attract a fee (of
9-13 rubles per executed electronic inquiry and six rubles per paper copy of an EPM).
A scaled discount system based on payment volumes has been introduced to encourage
settlement through the BESP and to conform with international practice.
Payments carried out through the BESP system
Type of service
Fees
Express payments by direct participants
30.00
Regular payments by direct participants
25.00
Regular payments by associate participants
20.00
Information services in the BESP system
Fee per completed liquidity or account balance inquiry
13.00
Fee per completed inquiry for other services
9.00
Paper copy of an electronic document service
Fee per paper print-out of an electronic payment message
6.00
Fee per paper print-out of an electronic payment
document
6.00
Discount rates
Number of payments
Discount rate, %
301–500
4
501–1,000
5
More than 1,000
6
3.1.2.7 Major current and future projects
The BESP system will be further developed to improve its capabilities as a settlement system
for large-value and urgent payments, and for financial market transactions on a delivery
versus payment basis. The system will also be used as an instrument for monetary policy
operations. Therefore, as of August 2010, all eligible credit institutions (branches) that were
not already BESP participants were given AP status.
BESP participants will in future also be able to access the BESP system via SWIFT.
32
Only DPs can initiate express payments.
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3.1.3
Payment system using letters of advice
Payments using postal and telegraphic letters of advice are initiated on paper and settled in
the BRPS. Paper-based payments are used where BoR are not equipped to make electronic
payments or the paper-based payment instrument is not machine-readable at the BoR
branch.
Payments by letters of advice require just over three days to complete on average, given the
labour-intensive process for intraregional and interregional settlement. Settlement time for
postal letters of advice depends mainly on the payment documents delivery service involved.
The share of paper-based payments in the total volume and value of BRPS payments is
petit. Some 1.6 million paper-based payments with a total value of 887.9 billion rubles were
made in 2009 (5.1 million payments with total value of 4.1 trillion rubles in 2005). Ils
accounted for 0.2% of the total volume and 0.1% of the total value of payments effected
through the BRPS.
3.1.3.1 Participation
BRPS participants using letters of advice are the BoR branches and divisions listed in the
national BIC Directory.
Users of letters of advice within the payment system include credit institutions (or their
branches) and other non-bank BoR customers.
3.1.3.2 Types of transactions
Payments using letters of advice can be effected across BoR customers’ accounts for any
type of payment instrument.
3.1.3.3 System operation and settlement procedures
The payment system using letters of advice is decentralised. Paper-based payments are
effected during the business day of BoR branches at the respective local times.
Information support for the payment system using letters of advice is provided by the BoR’s
collective data processing system and local computer systems.
When it receives paper-based payment documents, a BoR branch checks their format and
security and also confirms that the payer has sufficient funds on account. After these checks
are completed, the payer’s account is debited and the payment documents are sent to the
payee’s BoR branch with instructions to credit the payee’s account.
Most payment documents relating to postal letters of advice are transported between BoR
branches by state services such as the postal service and BoR branch staff.
Payment documents relating to telegraphic letters of advice are transmitted by telegraph
using BoR teletype facilities or on paper to the Russian Ministry of Communications and
Mass Media divisions for subsequent transmission to BoR branches by telegraph.
3.1.3.4 Risk management
As payments using letters of advice are effected on a gross basis across the same bank
(correspondent) customer accounts as electronic settlements, the risk management
procedures are similar. Control processes include visual verification at the BoR branch, to
mitigate the risks involved in the physical transfer of documents between branches.
3.1.3.5 Pricing policy
Fees for payments using letters of advice depend on the location of the BoR customers
involved in the transfer. The fee for an intraregional transfer is 13.4 rubles per payment by
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telegraph and 14.3 rubles by post; the price of an interregional transfer is 14.3 rubles by
telegraph and 16.8 rubles by post.
3.1.3.6 Major current and future projects
Paper-based payments will increasingly be relegated to backup status given the growing
prevalence of electronic payment technology.
4
Systems for post-trade processing, clearing and securities
règlement
4.1
General overview
The two leading providers of trade, clearing and settlement services on the Russian
securities market are the Moscow Interbank Currency Exchange Group (MICEX Group) and
the Russian Trading System Group (RTS Group), which are both vertically integrated
organisations. Each group operates its own securities settlement system (SSS) and clearing
système.
The MICEX Group operates the stock, government securities and derivatives markets.33 Both
stocks and bonds are traded in the stock market while only bonds are traded in the
government securities market (GSM). In the derivatives market, options and futures are
traded, based on various underlying assets including stocks, stock indices, interest rates,
currencies and commodities.
The RTS Group operates the stock and derivatives markets. Both stocks and bonds are
traded in the stock market. In the derivatives market are traded options and futures based on
underlying assets that include stocks and stock indices.
The majority of Russian securities and derivatives is traded on the MICEX and RTS Group
marchés. The basic difference between the MICEX and RTS markets is that a unit of the
GSM is located within MICEX, which is used to conduct monetary policy.
Market participants choose an exchange for securities transactions on the basis of
participation criteria, system functionality, risk management and fee scale.
MICEX and the RTS Clearing Chamber (RTS CC) act as CCPs34 for transactions on the
markets of MICEX Group and RTS Group. There is currently no CCP for OTC securities
transactions in Russia. The National Settlement Depository (NSD)35 and the Depository
Clearing Company (DCC) act as central securities depositories (CDSs) and provide bookentry transfers and a centralised depository. They also conduct settlement for securities
traded on the floors.
The cash legs of securities transactions are settled through the NSD, which is part of the
MICEX Group, and the RTS Settlement Chamber (RTS SC),36 which is part of the RTS
Group.
33
The MICEX Group also operates the currency market. Trading, clearing and settlement services for currency
transactions are provided by the MICEX Group’s infrastructure.
34
In some cases MICEX also provides non-CCP clearing (see Section 4.3.1.3).
35
The NSD is licensed by the BoR as it was founded in November 2010 as a result of a merger between NDC
and MICEX SC. NSD provides securities settlement and funds settlement services.
36
RTS SC is licensed by the BoR as it provides funds settlement services for securities transactions.
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Graphique
Summary of securities trading, clearing and settlement systems
in the MICEX Group
Settlement
Marché
Securities
Clearing
Securities
Stock market /
Gouvernement
Securities Market
(GSM)/
Derivatives market
Stocks
Des obligations
Repos
Gouvernement
1
titres
MICEX
Avenir
OTC market
1
Funds
NSD
Repos
Federal bonds: GKO, OFZ,37 BoR bonds,38 sovereign Eurobonds, subfederal, municipal bonds.
Graphique
Summary of securities trading, clearing and settlement systems
in the RTS Group
Settlement
Marché
Securities
Clearing
Securities
Funds
DCC
RTS SC
Stocks
Des obligations
Stock market/
Marché des dérivés
RTS CC
Options
Avenir
4.2
Post-trade processing system
At present, no separate organisation performs the functions of a trade confirmation system or
a trade repository. Post-trade services (after trade but before clearing) are provided within
the MICEX and RTS Groups.
37
GKO: government short-term zero-coupon bonds; OFZ: federal loan bonds.
38
BoR bonds are bearer debt securities issued by the BoR exclusively for monetary policy purposes.
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4.3
Central counterparties and clearing systems
4.3.1
Moscow Interbank Currency Exchange (MICEX)
4.3.1.1 Institutional framework
MICEX acts as a CCP39 for trades conducted in the markets it operates. MICEX performs
clearing in accordance with (i) the requirements of the federal law “On the securities market”,
(ii) FFMS regulations and, in particular, the regulation “On clearing activity in the securities
market of the Russian Federation” (the Securities Clearing Regulation), (iii) the MICEX
clearing rules and (iv) MICEX agreements with clearing participants.
The major shareholders of MICEX are the BoR and Russian banks.
MICEX is supervised by the FFMS.
4.3.1.2 Participation
In accordance with the MICEX clearing rules, only credit and other financial institutions that
have clearing contracts with MICEX can be MICEX clearing participants. As of end-June
2010, there were 696 participants for stock market transactions, 286 for GSM transactions,
205 for derivatives market transactions and 139 (credit institutions) for OTC repo
transactions with the BoR.40
Clearing participants for derivatives market transactions must have minimum equity capital of
EUR 0.1–10 million (for credit institutions) or EUR 0.1–1 million (for other financial
institutions).41
Clearing participants for derivatives market transactions may be either direct clearing
participants or general clearing participants. Direct clearing participants clear only for
themselves while general clearing participants may also clear on behalf of other trade
participants.
4.3.1.3 Types of transactions cleared
As a clearing organisation MICEX provides:

CCP clearing services for (i) equities from the MICEX Index42 list and for high-quality
bonds with settlement from T+1 to T+3,43 (ii) repo transactions with repo near-leg
settlements from T+0 to T+2 and repo far-leg settlements the day following
settlement of the near leg; and (iii) futures traded on the derivatives market,
including financial and commodities futures;

non-CCP clearing services for (i) transactions on MICEX GSM, (ii) transactions on
MICEX SE stock market with settlement from T+0 to T+30, (iii) repo transactions,
which can be for up to 180 days44 and (iv) for OTC repo transactions with the BoR.
39
In some cases MICEX also provides non-CCP clearing (see Section 4.3.1.3).
40
One financial institution can make transactions in more than one market.
41
The equity capital requirements for credit institutions and financial institutions vary according to the type of
financial instrument cleared and the category of participants.
42
The MICEX Index is a major stock market index, comparable to the Dow Jones, Nikkei, Dax etc.
43
Participants can choose the settlement date.
44
Participants can choose CCP or non-CCP clearing for short-term repo transactions (from T+0 to T+2).
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4.3.1.4 Operation of the system
Transactions with the CCP are performed on the open-offer principle (without novation).
MICEX assumes the obligations of its participants, determines the volume of securities and
value of funds to be submitted by each participant and notifies clearing participants and NSD
as necessary.
NSD provides settlement of securities and the cash legs of securities transactions effected in
the stock market and GSM of the MICEX Group as well as the transfer of margin on
transactions in the derivatives market.
Securities transactions are settled on the DVP3 model.
4.3.1.5 Risk management
The MICEX risk management system consists of margin requirements, guarantee funds and
participation requirements (see Section 4.3.1.2).
(i)
Margin requirements.
MICEX requires an initial margin from the clearing participants in the MICEX Stock Exchange
(MICEX SE) stock market. This can be provided both in cash and in securities and, on the
MICEX GSM, funds and securities must be 100% pre-deposited. In the MICEX derivatives
market, margin requirements depend on the total value of open positions. There is a realtime check of collateral sufficiency in the MICEX derivatives market. Collateral requirements
are recalculated daily, and the variation margin is called based on a mark to market
calculation.
(ii)
Guarantee funds
Currently all guarantee funds are drawn from MICEX’s own capital.
For the MICEX SE stock market, a basic guarantee fund (of 100 million rubles) and an
additional guarantee fund45 are designed to cover losses from a CCP participant’s default.
The MICEX derivatives market has a reserve fund (of 2 billion rubles) and an accumulation
fund (default fund).
4.3.1.6 Links to other systems
The MICEX clearing system is linked to the NSD.
There are currently no links with foreign CCPs and CSDs.
4.3.1.7 Pricing
No clearing fees are charged on a per-transaction basis on the MICEX GSM and derivatives
marché. Instead, market participants pay an overall MICEX commission fee (exchange fee).
Transactions on the MICEX and MICEX SE stock markets attract a clearing fee for each
transaction which varies according to its type and value.
4.3.1.8 Major current and future projects
MICEX has the following plans for its future development:

45
extension of CCP stock market clearing with Т+n (n>3) settlements;
An additional guarantee fund is used to cover potential defaults of CCP members, while a basic guarantee
fund is used to cover losses during non-CCP clearing.
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
improved risk management by instituting a joint fund based on contributions from
clearing participants;

providing CCP services for transactions on other exchanges and the OTC market.
4.3.2
The RTS Clearing Centre
4.3.2.1 Institutional framework
RTS CC acts as a CCP for the trades conducted in the markets it operates. RTS CC is a
subsidiary of the RTS Stock Exchange (RTS SE).
RTS CC’s legal, regulatory and supervisory framework is similar to that of MICEX.
4.3.2.2 Participation
Only credit institutions and other financial institutions that have clearing contracts with the
RTS CC can be RTS CC clearing participants. At present, there are some 357 participants,
including 60 non-residents.46
No equity capital requirement is specified for credit institutions and financial institutions that
participate in the RTS CC.
4.3.2.3 Types of transactions cleared
RTS CC provides CCP clearing services for (i) equities and corporate bonds of Russian
issuers traded on the stock market with settlement from T+0 to T+30;47 and (ii) futures traded
on the derivatives market, including financial and commodities futures and options.
4.3.2.4 Operation of the system
Transactions with the CCP are conducted on the open-offer principle. The RTS CC assumes
the obligations of its participants, determines the volume of securities and value of funds to
be submitted by each participant and notifies RTS SC, DCC and clearing participants as
necessary.
The DCC or the Settlement Depository Company (SDC)48 provides settlement for the
securities legs of securities transactions effected on the RTS stock market and the
St Petersburg Stock Exchange (SPBEX). RTS SC settles the cash legs of securities
transactions in the stock market of the RTS Group and transfers variation margins on
transactions in the derivatives market.
Securities transactions are settled on the DVP3 model.
4.3.2.5 Risk management
The RTS CC risk management system consists of margin requirements and guarantee
funds.
(i)
Margin requirements.
Clearing participants are obliged to deposit collateral (initial or deposit margin) against any
stock or derivative transactions that exceed the limit value for uncollateralised transactions.
46
As of end-2009.
47
Participants can choose the settlement date.
48
SDC is a securities depository licenced by the FFMS.
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Such collateral can consist of cash and/or securities. The RTS CC continuously monitors
collateral adequacy.
To mitigate losses in case of default in the derivatives market, the RTS CC re-calculates
open positions twice a day on a mark to market basis and transfers the variation margin.
Guarantee funds49
(ii)
To mitigate clearing risks, the RTS CC maintains insurance, reserve and guarantee funds.
The insurance fund is based on contributions from clearing participants, while reserve and
guarantee funds consist of the RTS CC’s own assets.
These funds are designed to cover the liabilities of a clearing participant in the event of its
default and to complete the settlement. The total value of these funds is more than
USD 60 million.50
4.3.2.6
Links to other systems
The RTS CC is linked with the RTS SC for the settlement of the cash legs of securities
transactions conducted on the trading floor of the RTS Group and with the DCC and SDC for
the settlement of the securities legs of securities transactions.
There are currently no links with foreign CCPs and CSDs.
4.3.2.7
Prix
The RTS CC’s clearing fee for stock market transactions is a percentage of the transaction’s
valeur.
The clearing fee for derivatives market transactions is charged on the fulfilment of the
delivery obligation. The RTS CC levies a fixed commission fee for the execution of each
future or option transaction.
The RTS CC does not charge a participation fee.
4.3.2.8
Major current and future projects
A project is under way to extend the RTS CC’s CCP services to derivatives transactions
traded on other exchanges.
4.4
Securities settlement systems
The NSD and DCC are the CSDs51 that provide securities settlement services for the
securities settlement systems of, respectively, the MICEX and the RTS Groups.
4.4.1
The National Settlement Depository
4.4.1.1
Institutional framework
The NSD provides securities settlement services according to (i) the requirements of the
federal law “On the securities market”, (ii) FFMS regulations and, in particular, the regulation
49
Default funds.
50
As of end-2009.
51
The NSD also provides funds settlement.
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“On depository activity in the Russian Federation”, (iii) the rules of the NSD and (iv) the
depository agreement with NSD participants. MICEX is the only NSD shareholder.
The NSD is supervised by the FFMS and the BoR.
4.4.1.2 Participation
Participants for securities settlement are the same as for all securities clearing, except for
derivatives transactions (See section 4.3.1.2).
4.4.1.3 Types of operations
NSD provides funds and securities settlement services for all securities transactions (except
for derivatives) traded on the floors of the MICEX Group.
4.4.1.4 Operation of the system
Securities transactions effected on the floors of the MICEX Group are settled by NSD on the
basis of orders received from MICEX no later than 18:45 on the settlement date. Participants
are required to deliver securities to NSD’s accounts between 10:00 and 17:00 on the
settlement date.
Settlement is effected according to the settlement day schedule; settlement times vary
according to the type of security and clearing (CCP or non-CCP).
NSD also provides settlement for the cash legs of securities transactions effected on the
floors of the MICEX Group.
Securities transactions are settled on the DVP3 model.
NSD provides its participants with daily statements on settled transactions.
4.4.1.5 Risk management
The NSD risk management system comprises the following interrelated measures and
arrangements.
A DVP mechanism substantially eliminates principal risk on the settlement of securities
transactions.
Also, as final settlement of some securities occurs no later than T+3 (T+1 for some stock
market transactions) the volume of trades outstanding is limited, reducing aggregate market
exposition.
Operational risks are addressed by internal control processes as well as IT security
measures and a backup data centre. Business continuity is ensured by a recovery plan,
including procedures for data and systems recovery.
Risks related to NSD’s depository activity are insured with leading Russian insurance
companies.
4.4.1.6 Links to other systems
NSD is linked to the securities settlement system of the RTS Group for securities
settlements. In addition, NSD is linked to Russian custodian banks (Gazprom Bank,
Sberbank Russia, ING Bank (Eurasia), Citibank) and with the CSDs of Kazakhstan, Belarus
and Azerbaijan. Through these links, NSD provides depository and settlement services for
foreign securities.
NSD is also linked to the BESP system, the BoR’s RTGS system (see Section 3.1) for final
settlement of the cash leg of securities transactions traded on-floor. NSD’s account with the
BESP system is used for the collection of cash prefunding from market participants and for
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final settlement using the BESP system of the cash leg of securities transactions for market
participants that have authorised NSD to do so.
4.4.1.7 Pricing
Fees for settlement services provided by NSD are set at 100 rubles per transaction. Fees are
charged on a monthly basis. There is no annual commission fee.
4.4.2
The Depository Clearing Company
4.4.2.1 Institutional framework
DCC provides securities settlement services under the same regulatory framework as NSD
(see Section 4.4.1.1). RTS SE is DCC’s major shareholder.
DCC is supervised by the FFMS.
4.4.2.2 Participation
Participants for securities settlement are the same as for all securities clearing (see
Section 4.3.2.2).
4.4.2.3 Types of transactions
All securities transactions traded on the floors of the RTS Group are settled through DCC.52
4.4.2.4 Operation of the system
DCC settles securities transactions effected on the floors of the RTS Group on the basis of
orders received from the RTS CC from 17:00 to 19:00 on the settlement date. Participants
are required to deliver securities to DCC’s accounts from 9:45 to 18:00 on the settlement
rendez-vous amoureux.
Settlement takes place according to the settlement day schedule with settlement times
varying according to the type of securities.
Securities transactions are settled on the DVP3 model.
RTS SC settles the cash legs of securities transactions effected on the floors of the RTS
Group and, like the NSD, is linked to the BESP system (see Section 4.4.1.6).
DCC provides its participants with daily statements on settled transactions.
4.4.2.5 Risk management
DCC employs several risk management tools. Its DVP mechanism substantially eliminates
principal risk on the settlement of securities transactions.
Operational risks are addressed by compliance and data security measures, while business
continuity is assured by a recovery plan and a remote backup computer centre.
Risks arising from DCC’s depository activity are insured.
4.4.2.6 Links to other systems
DCC is linked to the securities settlement system of the MICEX Group for securities
settlement. In addition, DCC is linked to Russian-based custodian banks (ING Bank
52
DCC also provides securities settlement services for equities transactions on the SPBEX stock market.
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(Eurasia), Citibank, VTB Bank, Deutsche Bank) and with the CSDs of the Ukraine,
Kazakhstan and Belarus. Through these links, DCC provides depository and settlement
services for foreign securities.
To provide securities settlement in the international financial markets, DCC has an account
with Euroclear Bank.
4.4.2.7 Pricing
The settlement fee is set at 75 rubles per securities issue (regardless of the number of
transactions involving a given securities issue that may be effected during the business day).
Information on DCC fees is publicly available; the fee scale is the same for all participants.
4.4.2.8 Major current and future projects
DCC plans to provide a DVP settlement service (i) in euro and (ii) over the securities
settlement accounts of Russian custodians and CSDs.
4,5
Use of securities infrastructure by the central bank
The BoR carries out operations with federal government securities and BoR bonds in order
to conduct monetary policy, regulate liquidity and influence the level of interest rates.
Operations with federal bonds (GKO, OFZ) and BoR bonds are carried out by the BoR using
MICEX Group infrastructure. For this purpose the BoR enters into agreements with the
respective institutions of the MICEX Group for the use of its trading, clearing and settlement
services.
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Payment, clearing and
settlement systems in
Singapour
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Contenu
List of abbreviations..............................................................................................................329
Introduction ...........................................................................................................................331
1.
Institutional aspects.....................................................................................................331
1.1
The general legal and regulatory framework......................................................331
1.2
Role of MAS in payment, clearing and settlement systems ...............................333
1.2.1 Settlement agent.......................................................................................333
1.2.2 Operator....................................................................................................333
1.2.3 Overseer ...................................................................................................333
1.2.4 Cooperation with other institutions............................................................334
1.3
The role of other private and public sector bodies .............................................335
1.3.1 Singapore Clearing House Association (SCHA) .......................................335
1.3.2 Association of Banks in Singapore (ABS).................................................335
1.4
2
The role of banks ...............................................................................................335
Payment media ...........................................................................................................335
2.1
Cash payments ..................................................................................................335
2.2
Non-cash payments ...........................................................................................336
2.2.1 Interbank GIRO.........................................................................................336
2.2.2 Cheques....................................................................................................336
2.2.3 Payment cards ..........................................................................................337
2.2.4 Other access channels for banking and payments ...................................340
3
Payment systems (funds transfer systems).................................................................341
3.1
General overview ...............................................................................................341
3.2
New MAS Electronic Payment System (MEPS+)...............................................342
3.2.1 Operating rules .........................................................................................342
3.2.2 System participants...................................................................................343
3.2.3 Types of transactions handled ..................................................................343
3.2.4 Operation of the transfer system and the transaction processing
environment ..............................................................................................343
3.2.5 Settlement procedures..............................................................................344
3.2.6 Credit and liquidity risks and their management .......................................344
3.2.7 Pricing policies ..........................................................................................344
3.3
Foreign exchange (FX) settlement systems.......................................................346
3.3.1 Continuous Linked Settlement (CLS)........................................................346
3.3.2 Clearing and Payment Services Pte Ltd (CAPS) ......................................346
3.4
Retail payment systems .....................................................................................346
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3.4.1 Singapore Dollar Cheque Clearing System (SGDCCS)........................... 346
3.4.2 USDollar Cheque Clearing System (USDCCS) ....................................... 346
3.4.3 Cheque Truncation System (CTS) ........................................................... 347
3.4.4 Interbank GIRO (IBG) .............................................................................. 348
3.4.5 ATM networks .......................................................................................... 348
4
Systems for post-trade processing, clearing and securities settlement...................... 349
4.1
General overview .............................................................................................. 349
4.2
Central counterparties and clearing systems .................................................... 349
4.2.1 CDP.......................................................................................................... 349
4.2.2 SGX-DC ................................................................................................... 351
4.3
Securities settlement systems ........................................................................... 352
4.3.1 MEPS+-SGS ............................................................................................ 352
4.3.2 CDP.......................................................................................................... 354
4.4
328
Use of securities infrastructure by the central bank........................................... 355
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List of abbreviations
2FA
authentification à deux facteurs
ABS
Association of Banks in Singapore
ADR
American depository receipt
AU M
guichet automatique
BCS
Banking Computer Services Pte Ltd
BO
billing organisation
CAPS
Clearing and Payment Services Pte Ltd
CCP
central counterparty
CDP
Central Depository Pte Ltd
CEPAS
Contactless ePurse Application
CLS
Continuous Linked Settlement
CME
Chicago Mercantile Exchange
CMS
Capital Markets Services
COE
Certificate of Entitlement
CSD
central securities depository
CTS
Cheque Truncation System
CUP
China UnionPay
DCH
designated clearing house
DCSS
Debt Securities Clearing and Settlement System
DDA
direct debit authorisation
DVP
delivery versus payment
EFTPOS
electronic funds transfer at point of sale
ERP
Electronic Road Pricing
ESDN
electronic service delivery network
ETF
exchange-traded fund
ETN
exchange-traded note
FOP
free of payment
GDR
global depository receipt
IBG
interbank GIRO
ICSD
international central securities depository
IDA
Infocomm Development Authority
ILF
intraday liquidity facility
Introduction en bourse
offre publique initiale
MAS
Monetary Authority of Singapore
MCB
Minimum Cash Balance
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MEPS+
New MAS Electronic Payment System
MEPS+-IFT
MEPS+ Interbank Funds Transfer
MEPS+-SGS
MEPS+ Singapore Government Securities
MICR
magnetic ink character recognition
MLA
Minimum Liquid Assets
MPSVF
multipurpose stored value facility
MRT
Mass Rapid Transport
NETS
Network for Electronic Transfers (Singapore) Pte Ltd
OTC
hors cote
OTP
Mot de passe à usage unique
PSMS
Pre-Settlement Matching Service
PS(O)A
Payment Systems (Oversight) Act
PVP
payment versus payment
QFB
qualifying full bank
QUEST-ST
Quotation and Execution System for Trading
REIT
real estate investment trust
RTGS
real-time gross settlement
SACH
Singapore Automated Clearing House
SAM
Self-service Automated Machine
SCHA
Singapore Clearing House Association
SFA
Securities and Futures Act
SIPS
systemically important payment system
SGDCCS
Singapore Dollar Cheque Clearing System
SGS
Singapore Government Securities
SGX
Singapore Exchange Ltd
SGX-DC
Singapore Exchange Derivatives Clearing Ltd
SGX-DT
Singapore Exchange Derivatives Trading Ltd
SGX-ST
Singapore Exchange Securities Trading
SMS
service de messages courts
SPSVF
single-purpose stored value facility
SSS
securities settlement system
SVF
stored value facility
SWIFT
Society for Worldwide Interbank Financial Telecommunication
SYOG PPC
Singapore Youth Olympic Games DBS Visa Prepaid Card
SWIPS
system-wide important payment system
USDCCS
US Dollar Cheque Clearing System
WASVF
widely accepted stored value facility
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introduction
The evolution of Singapore’s payment, clearing and settlement systems has been driven by
technological progress, changing consumer needs and the development of new financial
activities. It has moved from a paper- and cash transaction-based system to one with a
diverse range of alternative payment instruments, supported by efficient and reliable clearing
and settlement infrastructure.
The majority of non-cash retail payments utilise interbank GIRO (IBG) debit and credit
transfers as well as payment cards (stored value, debit and credit cards) and cheques. Banque
customers can also use their debit cards to make third-party account funds transfers and to
pay bills via automated teller machines (ATMs) and self-service kiosks. Other payment
channels that have seen recent growth include contactless card payments and mobile and
internet banking services.
The Monetary Authority of Singapore (MAS) operates an electronic payments and book-entry
system, the New MAS Electronic Payment System (MEPS+), which supports large-value
local currency interbank funds transfers and the settlement of scripless1 Singapore
Government Securities (SGS) between MEPS+ participants, subject to the availability of
funds or securities.
Singapore dollar (SGD) cheque clearing, US dollar (USD) cheque clearing and interbank
GIRO clearing services are provided by the Singapore Automated Clearing House (SACH),
which is operated by the Banking Computer Services Pte Ltd (BCS).
The two main providers of securities clearing and settlement systems in Singapore are MAS
and the Central Depository Pte Ltd (CDP). The MEPS+ Singapore Government Securities
(MEPS+-SGS) subsystem at MAS clears and settles SGS trades while the CDP operates
securities settlement systems for Singapore equities, corporate debt securities and other
securities. CDP also operates as a central counterparty (CCP) and a central securities
depository (CSD). The derivatives clearing and settlement system is operated by Singapore
Exchange Derivatives Clearing Ltd (SGX-DC). Both the CDP and SGX-DC are wholly owned
subsidiaries of Singapore Exchange Ltd (SGX).
1.
Institutional aspects
1.1
The general legal and regulatory framework
MAS has explicit legal powers to establish and operate real-time gross settlement (RTGS)
systems, oversee payment systems including cheque clearing and IBG systems, and
regulate the issuance of multipurpose stored value facilities (MPSVFs). These powers are
specified by various acts and regulations as highlighted in the table below.
CDP is a designated clearing house regulated under the Securities and Futures Act (SFA)
and its relevant subsidiary legislation. The CDP clearing rules and delivery versus payment
(DVP) rules govern its operations, its admission requirements and the ongoing obligations of
its members.
The following table sets out the relevant legislation and regulations under the purview of
MAS that apply to payment instruments and institutions in Singapore.
1
SGS are dematerialised.
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Paiement
instrument
et / ou
institution
Legislation,
regulations and
règlements
La description
Cheques and
GIRO
Section 59 of the
Banking Act (Chapter
19)1
This provision of the Banking Act allows MAS, in
conjunction with banks and other financial institutions, to
establish a clearing house to facilitate the clearing of
cheques and credit instruments, and ensure its smooth
opération.
Cheques and
GIRO
Payment Systems
(Oversight) (Singapore
Dollar Cheque Clearing
System and Inter-Bank
GIRO System)
Regulations 20062
These regulations set out the rules, obligations and
procedures relating to participation in the Singapore
Dollar Cheque Clearing System (SGDCCS) and the IBG.
Cheques and
GIRO
Payment and
Settlement Systems
(Finality and Netting)
Act (Chapter 231)3
The SGDCCS, the US Dollar Cheque Clearing System
(USDCCS) and the IBG are designated under the
Payment and Settlement Systems (Finality and Netting)
Act.
Continuous
Linked
Settlement
(CLS)
Payment and
Settlement Systems
(Finality and Netting)
Act (Chapter 231)
CLS is a designated payment system under the Payment
and Settlement Systems (Finality and Netting) Act.
Devise
Currency Act (Chapter
69)5
MAS is the sole issuer of currency in Singapore. Under
the Currency Act, the currency in circulation must be
100% backed by external assets.6 This is achieved
through the maintenance of a currency fund consisting of
gold, silver and foreign exchange in the form of demand
and time deposits, treasury bills, notes, coins as well as
other eligible assets.
Paiement
systèmes
Payment Systems
(Oversight) Act 2006
(Chapter 222A)
(PS(O)A)7
The PS(O)A provides for the oversight of payment
systems and stored value facilities (SVFs) in Singapore.
332
CLS Bank is chartered and supervised by the Federal
Reserve System, which includes both the Board of
Governors of the Federal Reserve System and the
Federal Reserve Bank of New York. The G10 and other
central banks of issue for CLS-settled currencies
established a Protocol for the Cooperative Oversight
Arrangement of CLS4 in November 2008 to provide a
mechanism for mutual assistance in carrying out their
individual responsibilities in pursuit of their shared public
policy objectives for the safety and efficiency of payment
and settlement systems and their focus on the stability of
the financial system. MAS is a participating central bank
in this Cooperative Oversight Arrangement.
The PS(O)A gives MAS powers over payment systems,
payment instruments and participants in payment
systems, covering three main areas (for details, see
Section 1.2.3):
(i)
The designation of payment systems as
systemically important payment systems (SIPS) or
system-wide important payment systems (SWIPS).
(ii)
Information-gathering powers over all payment
system participants.
(iii)
The regulatory regime for SVFs.
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Paiement
instrument
et / ou
institution
Legislation,
regulations and
règlements
La description
Real-time
brut
règlement
(RTGS)
système
Section 29A of the
Monetary Authority of
Singapore Act
(Chapter 186)
This allows MAS to establish and operate one or more
RTGS systems. MAS is responsible for the smooth
operation of the RTGS system(s) and ensures that
participants comply with the rules and regulations.
Section 21 of the
Payment and
Settlement Systems
(Finality and Netting)
Act (Chapter 231)
MEPS+ is designated by MAS under the Payment and
Settlement Systems (Finality and Netting) Act. Tout
transactions settled by MEPS+ are thus final and
irrevocable.
Securities
clearing and
règlement
systèmes
Securities and Futures
Act (SFA) (Chapter
289)
MAS regulates CDP as a designated clearing house
under the SFA.
Stored value
installations
Payment Systems
(Oversight) Act 2006:
Part VII (Chapter
222A)
This provides the legal framework for stored value
facilities, with provisions for MAS to gather information
from any issuer of SVFs.
1
Web link to Banking Act. 2 Web link to Payment Systems (Oversight) (Singapore Dollar Cheque Clearing
3
System And Inter-Bank GIRO System) Regulations 2006.
Web link to Payment and Settlement Systems
4
(Finality and Netting) Act.
Web link to Protocol for the Cooperative Oversight Arrangement of CLS. 5 Web
link to Currency Act. 6 External assets include gold and silver, among other assets, that can be stored locally
in Singapore. 7 Web link to Payment System (Oversight) Act.
Other legislation that may be relevant to payment and settlement systems in Singapore
includes the Bills of Exchange Act (Chapter 23), the Development Loan Act (Chapter 81), the
Government Securities Act (Chapter 121A) and the Electronic Transactions Act (Chapter 88).
1.2
Role of MAS in payment, clearing and settlement systems
1.2.1
Settlement agent
MAS acts as a settlement agent for banks in Singapore by allowing funds transfers to take
place across their RTGS accounts maintained in MEPS+. MAS also handles governmentrelated payments and receivables that usually take the form of funds transfers between the
government’s accounts with MAS and with banks.
1.2.2
Operator
MAS operates MEPS+, a RTGS system which settles large-value interbank funds transfers
(see Section 3.2). MEPS+ also handles the settlement of the cash leg of scripless SGS.
Payment obligations that arise from trading in SGS and other Singapore dollar-denominated
corporate debt between MEPS+ participants (which are typically banks in Singapore) are
settled on a DVP basis through interfaces to the interbank funds transfer system in MEPS+
(see Section 4.2).
1.2.3
Overseer
MAS’ oversight role for payment, clearing and settlement systems focuses on the objectives
of safety and efficiency. With regard to safety, MAS seeks to ensure that payment, clearing
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and settlement systems operate reliably without compromising financial stability. Pour ce qui est de
efficiency, MAS seeks to ensure that payment, clearing and settlement systems operate in a
practical manner that is convenient for the users and efficient for the economy. In pursuing
these objectives, MAS oversees both the operators and the participants in the payment,
clearing and settlement systems. The main thrust of MAS’ oversight is to ensure that the
appropriate structures, processes and products are in place to safeguard stability and
efficiency.
The PS(O)A is the cornerstone of MAS’ payment systems oversight framework. It allows
MAS to designate certain payment systems and subject them to its regulatory control. It also
governs the issuance and management of SVFs.
A system is designated if it is considered a SIPS or a SWIPS. SIPS are systems where a
failure or disruption can have an impact on the participants or cause wide systemic disruption
in the financial system. SWIPS are systems where a failure or disruption in the system would
not lead to systemic instability but could lead to widespread disruptions due to the large
number of users relying on the system, thereby affecting public confidence. MAS’ regulatory
power over designated systems includes the power to request information, make regulations,
inspect, investigate and establish an access regime.
MAS approval is also required for any multipurpose SVF (MPSVF) scheme with a total
outstanding float of more than a prescribed threshold (currently SGD 30 million). In approving
such a scheme, MAS requires the sponsoring bank(s) to be fully liable for the stored value.
For all other MPSVFs, the holders of the stored value are required to disclose to potential
users that they are not subject to MAS approval.
MAS regulates and supervises systemically important CCPs and securities settlement
systems (SSSs) as designated clearing houses (DCHs) under the SFA and relevant
subsidiary legislation, so as to reduce systemic risk and promote the safety and efficiency of
clearing facilities that support systemically important markets or form an integral part of the
financial infrastructure.
1.2.4
Cooperation with other institutions
MAS works with the industry to facilitate the development of Singapore’s payment systems. Il
communicates with the industry regularly and conducts public consultations before
implementing major regulatory changes. Examples of forums on payment system matters
where MAS may participate are the Singapore Clearing House Association Management
Committee and the Association of Banks in Singapore.
MAS also works closely with other government agencies when the operation of payment
systems involves areas under their purview. For example, MAS works closely with the
Ministry of Finance and the Infocomm Development Authority of Singapore on the promotion
of e-payments and the introduction of new mobile payment methods. MAS also cooperates
with foreign authorities in overseeing cross-border payment systems. For example, while
CLS is a designated payment system under the Payment and Settlement Systems (Finality
and Netting) Act, it is also overseen through an international cooperative oversight
arrangement led by the Federal Reserve Bank of New York. MAS is a participating central
bank in this mechanism for mutual assistance between central banks in their pursuit of
shared public policy objectives for the safety and efficiency of payment and settlement
systems.
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1.3
The role of other private and public sector bodies
1.3.1
Singapore Clearing House Association (SCHA)
The SCHA was formed in December 1980 to establish, manage and administer clearing
services and facilities for the cheque, debit and credit items of its members. Membership is
open to interested financial institutions and MAS. MAS chairs the SCHA.
The SCHA defines the bye-laws, rules and conditions governing the participating banks and
operators of the SGDCCS, the USDCCS and the IBG system. It appoints the operator for the
clearing systems and ensures that the operator provides the clearing services in accordance
with the rules set by the SCHA, and that adequate business continuity arrangements are in
place to manage risk of disruptions to the clearing services. In addition, the SCHA arbitrates
disputes between members that may arise in connection with the clearing of cheques and
GIRO items.
1.3.2
Association of Banks in Singapore (ABS)
The ABS is made up of member banks drawn from a wide spectrum of banks licensed by
MAS. It represents the interests of its members, sets minimum standards of good practice,
and supports projects of mutual benefit.
The ABS holds regular discussions with MAS regarding industry issues and the promotion of
a sound financial system in Singapore. The ABS also provides input for legislation and
guidelines relating to issues that affect the industry, including on payment and settlement
systems.
1.4
The role of banks
Commercial banks in Singapore may engage in a wide range of financial services, including
traditional banking services such as loans and deposits, and investment banking business
such as underwriting and distribution of equity and debt securities, corporate finance, fund
management and unit trust management. As at end-September 2010, some 120 commercial
banks were operating in Singapore, of which seven were locally incorporated.
Commercial banks are licensed under Chapter 19 of the Banking Act. Their activities are also
governed by MAS’ Notices to Banks and guidelines. Banks are currently the only institutions
that may offer services across all segments of the payment process chain (issuing, acquiring,
processing, clearing and settlement). However, new non-bank payment service providers are
expected to play a greater role in the future.
2
Payment media
2.1
Cash payments
Cash remains the most widely accepted payment medium for small-value transactions.
Under the Currency Act, MAS has the sole right to issue currency notes and coins in
Singapore.
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2.2
Non-cash payments
2.2.1
Interbank GIRO
The IBG system is an offline interbank payment system catering mainly for low-value bulk
Paiements. IBG allows customers of participating banks to transfer funds via credit transfers
and direct debits to and from the accounts of customers of any other participating bank. le
net settlement amounts for IBG transactions are sent by the SACH to MEPS+ for settlement
à la fin de la journée. In 2009, some 84.3 million eGIRO transactions were processed, up
from 81.6 million in 2008. The value processed was SGD 218 billion, up from SGD 213 billion
in 2008.
2.2.1.1 Credit transfers
In credit transfers, payers instruct their bank, physically or online, to debit their accounts and
transfer the funds to the payee. In a standing order, payers instruct their bank to carry out the
necessary transfers on a regular specific date, to a specific receiver and for a specific
amount. Payroll crediting is the most common credit transfer. There is no maximum limit for
each credit transfer.
In 2009, some 31.7 million credit transfer transactions were processed, up from 30 million in
2008. The value processed rose to SGD 158 billion, from SGD 153 billion in 2008.
2.2.1.2 Direct debits
Direct debit is an arrangement made by bank customers with a billing organisation (BO) to
debit a designated bank account to pay regular bills (subject to an upper limit of
SGD 25 million per direct debit). To set up a direct debit arrangement, customers sign a
direct debit authorisation (DDA) form, which authorises their bank to allow the BO to initiate a
regular collection instruction to deduct the required amount from a designated bank account.
The signed DDA form is forwarded by the BO to the customer’s bank for approval. Once it is
approved, the BO issues instructions to its bank to collect bills from its direct debit
customers. Examples of such preauthorised recurring payments are utility bill payments and
payments for insurance premiums.
To facilitate faster processing of DDA forms, some banks tie up with their BOs to offer online
DDA applications to customers with internet banking access. Other organisations allow DDA
applications to be processed via EFTPOS terminals or through self-service kiosks such as
the AXS stations.2 These alternative DDA application methods allow DDA forms to be
processed and approved more quickly.
In 2009, some 52.6 million direct debit transactions were processed, up from 51.5 million in
2008. The value processed was SGD 59 billion, the same as in 2008.
2.2.2
Cheques
Cheques are commonly used in Singapore by consumers and businesses to charge or pay
for goods and services. All banks in Singapore that clear SGD and local USD cheques use
the Cheque Truncation System (CTS), an online image-based cheque clearing system
introduced in 2003. Cheques are scanned into CTS when deposited at the bank, and their
electronic images, rather than the physical cheques, are then transmitted through the
clearing cycle. Cheque format has been standardised in the new system. More information
on CTS can be found in Section 3.4.3.
2
AXS is the operator of an electronic service delivery network (ESDN) for self-service kiosks.
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In 2009, some 78.2 million SGD cheques were processed, down from 82.5 million in 2008.
The value processed was SGD 536 billion, down from SGD 579 billion in 2008.
In 2009, some 0.90 million USD cheques were processed, down from 0.96 million in 2008.
The value processed was SGD 48.9 billion, down from SGD 52.2 billion in 2008.
2.2.3
Payment cards
2.2.3.1 Electronic money
In Singapore, electronic money is also commonly known as a stored value facility (SVF).
SVFs are classified as either single-purpose stored value facilities (SPSVFs) or as
multipurpose stored value facilities (MPSVFs). SPSVFs are used to pay for goods and
services offered by the issuer only (eg prepaid phone cards), while MPSVFs allow customers
to pay for goods and services offered by other merchants or organisations.
Under the PS(O)A, any entity can issue SVFs without MAS approval provided that total
outstanding stored value remains below a prescribed threshold (currently SGD 30 million).
This regulatory regime liberalises the SVF market and allows for flexibility in meeting
consumer needs and providing additional choice in payment methods. Any MPSVF with
outstanding stored value of more than SGD 30 million requires MAS approval as a widely
accepted SVF (WASVF), together with the appointment of an approved bank.3 Singapore’s
four widely accepted MPSVF schemes are the NETS CashCard, NETS FlashPay, the
EZ-Link card and the Singapore Youth Olympic Games DBS Visa Prepaid Card (SYOG
PPC).
Launched in November 1996 by the three domestic banks, the NETS CashCard started out
as a contact-based MPSVF. Contactless card interfaces were introduced in July 2006.
CashCard lets consumers pay in a cashless manner at a variety of retail outlets, car parks
and vending machines. It can also be used to pay toll charges at Electronic Road Pricing
(ERP) gantries and the checkpoints between Singapore and Malaysia. In addition, the
CashCard can be used for online purchases with the use of a card reader. The CashCard
can be reloaded with amounts of up to SGD 500 at bank ATMs, selected EFTPOS terminals
and self-service kiosks with NETS CashCard access, as well as over the internet.
The NETS FlashPay,4 launched in October 2009, is a contactless CEPAS5 MPSVF card
issued by NETS. It is currently accepted on public transport and at some retail outlets. Ça peut
also be used to pay tolls at ERP gantries and car parks. The NETS FlashPay can be
reloaded with amounts of up to SGD 500 at ATMs, ticket offices at Mass Rapid Transit
(MRT) stations, bus interchanges, convenience stores and self-service iNETS kiosks with
NETS FlashPay access.
The EZ-Link card, launched in April 2002, is a contactless MPSVF issued by EZ-Link Pte Ltd
and is primarily used to pay for public transport. EZ-Link cards are also accepted in some
schools and shops, and at food and beverage outlets. Since September 2009, all EZ-Link
cards have been CEPAS-compliant. They can be reloaded with amounts of up to SGD 500 at
ticketing machines or ticket offices at MRT stations, bus interchanges and other locations, as
3
The approved bank(s) will undertake to be fully liable for the outstanding stored value collected by the holder
of the WASVF.
4
Although both are issued by NETS, the NETS CashCard and NETS FlashPay run on different specifications
and are not interoperable. NETS CashCard is contact-based and is used primarily for older-version in-vehicle
units for toll charges. NETS FlashPay is CEPAS-compliant and can be used on the newer version in-vehicle
units as well as for public transport.
5
CEPAS, or Contactless ePurse Application, is Singapore’s e-money standard. Its purpose is to facilitate
interoperability of multipurpose stored value card payment schemes in the transit and other sectors.
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well as over the internet. EZ-Link cards can also be reloaded automatically by linking them to
a bank account or credit card account, so that funds are transferred to top up the EZ-Link
Card whenever the stored value falls below a user-specified amount.
The DBS SYOG PPC, launched in March 2010, is a contactless MPSVF issued by DBS
Bank Ltd. A proprietary form of a Visa Prepaid Card, its original purpose was to facilitate
ease of payment for the officials, participants and spectators of the Singapore 2010 Youth
Olympic Games. The SYOG PPC can be reloaded with amounts of up to SGD 500 at ATMs,
selected retail outlets, and AXS self-service kiosks owned by DBS Bank, as well as over the
internet. The cards continue to be valid after the Games.
The liberalisation of the SVF market has contributed to the emergence of many SPSVFs and
limited-coverage MPSVFs, bringing about a substantial increase in SVF usage. From 2005 to
2009, the volume of electronic money transactions increased from 1.62 billion to 2.05 billion,
while their value grew from SGD 1.42 billion to SGD 1.93 billion. Card take-up increased
from 2.6 per capita in 2005 to 3.07 in 2009.
The launch of CEPAS brings consumers a significant step closer to the convenience of a
single card for making transit, road toll and retail payments, as it can replace multiple cards
for a variety of different purposes. When it is fully adopted, consumers will be able to use a
single card seamlessly and safely in a wide range of payment scenarios. CEPAS will also
allow a greater number of card issuers to participate in micro-payments.
2.2.3.2 Automated teller machines (ATMs)
ATMs are another channel that allows bank customers to perform basic banking transactions
without having to visit a branch. There were about 2,150 ATMs in Singapore in 2009, some
423 for every million inhabitants.6
Apart from depositing or withdrawing cash from their bank accounts, customers can use
ATMs to apply for initial public offerings (IPOs), transfer funds to third parties, pay bills and
reload their MPSVFs. The three major ATM networks in Singapore are the NETS OCBCUOB network, the DBS-POSB network and the ATM 5 network.7 Currently, ATMs are only
interoperable within the respective ATM networks.
In 2009, some 204.8 million withdrawals with a total value of SGD 49.5 billion were made
from ATMs.
2.2.3.3 Debit cards
Debit cards are used to pay for goods and services or to withdraw cash. These transactions
are effected through an online transfer of funds from the cardholder’s bank or debit card
account. Debit cards in Singapore are either PIN- or signature-based.
Examples of PIN-based debit cards are NETS EFTPOS and EPINS debit cards, with the
former predominating. These cards let cardholders make payments for retail purchases at
EFTPOS terminals or withdraw cash from their bank accounts at ATMs. Visa Debit and the
Debit MasterCard are examples of signature-based debit cards.
In 2009, the number of debit card transactions rose to 205.1 million, from 182.4 million in
2008. The value processed was SGD 22.4 billion, up from SGD 20.5 billion in 2008.
6
Population as at end-2009 from Department of Statistics Singapore.
7
The ATM 5 network is run by MasterCard for six qualifying full banks: Citibank, Maybank, HSBC, Standard
Chartered, ANZ and State Bank of India.
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NETS introduced the EFTPOS service in 1986. ATM cards8 issued by participating banks
have a debit card function that lets cardholders pay for goods and services through an online
transfer of funds from their accounts. EFTPOS terminals are available at government
departments and major supermarkets, department stores, petrol stations, and a large
number of smaller retail outlets. A cashback feature was added in 2001, allowing consumers
to withdraw cash at the point of sale.
Since 2005, it has been possible to use China UnionPay (CUP) debit cards directly at NETS
EFTPOS terminals in Singapore. CUP cardholders can also withdraw cash from a network of
more than 1,500 ATMs operated by the local banks in Singapore.
In June 2010, Card Alliance Pte Ltd (Card Alliance) launched EPINS, a PIN-based debit
payment service. Customers of partnering qualifying full banks (QFBs) can pay for their
purchases with their ATM/debit cards at any of the merchant locations accepting EPINS debit
payments in Singapore.
When the cardholder pays for a purchase with a PIN-based debit card, the issuer verifies the
transaction and debits the cardholder’s account accordingly before providing authorisation to
the merchant through the EFTPOS network. The EFTPOS network settles the net debit and
credit positions of the participating financial institutions through the settlement bank at the
end of the day.
When the cardholder pays for a purchase with a signature-based debit card, the merchant
submits the transaction to the acquirer, who verifies with the issuer through the card scheme
operator. Once the issuer has verified that both the card number and transaction amount are
valid, the merchant will process the transaction. After the transaction is authorised by the
issuer, it is stored in a batch that the merchant later sends to the acquirer to receive payment
(usually at the end of the day). The acquirer then sends the transactions in the batch to the
card association, which debits the issuers for payment and credits the acquirer through its
settlement bank.
All end-of-day transactions between the issuer and acquirer are conducted through the IBG.
2.2.3.4 Credit cards
All major credit card brands, such as American Express, CUP, JCB, MasterCard and Visa,
are issued and accepted in Singapore. The issuance of credit cards is subject to MAS
guidelines and to regulations on, for example, income eligibility criteria and credit card
marketing. With effect from 1 March 2009, MAS lowered the gross minimum income
threshold for unsecured credit facilities from SGD 30,000 to SGD 20,000. However, this
lower limit does not apply to credit cards, for which the threshold remains unchanged at
SGD 30,000 for individuals at or below 55 years of age and SGD 15,000 for individuals
above 55 years of age. The maximum aggregated credit limit for all unsecured personal
credit facilities and credit or charge cards granted by individual financial institutions has also
been revised and set at four times monthly income for individuals with at least SGD 30,000 in
annual income. For individuals with annual income between SGD 20,000 and SGD 30,000,
the maximum aggregated credit limit is twice monthly income. The unsecured lending
provisions do not apply to high net worth Singaporean or permanent residents earning at
least SGD 120,000 per annum and non-Singaporeans/permanent residents. Such individuals
can qualify for unsecured credit in unrestricted amounts.
8
A debit card allows the customer to access funds in a deposit account with a financial institution and to make
payment for goods and services. ATM cards are a subset of debit cards that only let the customer access the
financial institution’s ATMs (or ATM network) and cash deposit machines.
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The value of credit card transactions processed rose to SGD 26 billion in 2009, from
SGD 25.7 billion in 2008.
2.2.4
Other access channels for banking and payments
2.2.4.1 Telephone banking
Since the introduction of phone banking in 1982, the range of services offered has increased.
Besides being able to transfer funds from person to person and conduct account balance
enquiries over the telephone, bank customers can also make bill payments, trade in stocks
and bid for Certificates of Entitlement.9
2.2.4.2 Mobile banking
Banking services have been available via mobile phones since the early 2000s. Some online
purchases can be made via mobile phone instead of credit card. One payment method
requires users to register their credit card account details with their mobile payment service
provider. After payments are authenticated by means of an ID and PIN, they are processed
as a credit card transaction. Another method charges the payment to the user’s phone bill.
Mobile payment solutions linked to a bank account are currently not widely available.
In June 2010, PayPal was selected by the Infocomm Development Authority (IDA) to be the
mobile payment platform for the Singapore Digital Concierge, one of the key programmes in
the IDA’s 10-year Intelligent Nation Masterplan (iN2015) for the tourism, hospitality and retail
sectors. The PayPal-IDA collaboration seeks to accelerate the growth of mobile commerce,
making it easier for businesses and consumers to pay for goods and services securely via
mobile phone.
2.2.4.3 Internet banking
Internet banking allows consumers to conduct account balance enquiries, fixed deposit
placements,10 demand draft applications11 and loan applications. In addition, payment
services such as funds transfers (including transfers to third parties’ accounts with other
banks) and bill payments are available.
A number of banks have also launched internet payment services that let consumers pay for
internet purchases by directly debiting their bank accounts. In addition, there are several
online payment portals operating in Singapore. Internet banking services are proprietary and
offered by banks individually.
MAS has issued guidelines to assist banks in establishing a sound and robust technology
risk management framework to strengthen system security, reliability, availability and
recoverability as well as deploy strong cryptography and authentication mechanisms to
protect customer data and transactions. MAS encourages banks to adopt two-factor
authentication (2FA) to enhance security and raise user confidence. A common 2FA
implementation is the use of one-time passwords (OTPs) that are generated by a hardware
token or sent by SMS to the customer’s mobile phone.
9
The Certificates of Entitlement (COE) system requires Singapore residents to bid for the right to buy a motor
vehicle, with the number of certificates deliberately restricted. The COE allows holders to own a car for a
period of 10 years in Singapore, after which they must either scrap or export their car with financial incentives,
or bid for another COE at the prevailing rate if they wish to continue using their car for a further five or
10 years.
dix
Transferring funds (eg from a savings account) to a fixed deposit account.
11
A demand draft allows the user to transfer funds to another account.
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2.2.4.4 Self-service machines
Following on from the ATMs that have allowed the public do their own banking since the
1980s, general self-service machines that are accessed with debit cards have gained in
popularity since they were first launched in 2000. They can now be used to pay bills, buy
movie tickets, book chalets, subscribe to magazines, reload stored value cards and even
make donations to charity. Although self-service machines were slow to take off, incremental
improvements and the greater reliability of the present generation of machines have resulted
in steady growth. The two main self-service machine networks, AXS and SAM,12 now have
more than 750 installations across the country, capturing up to 20% of recurrent bill payment
volume.
3
Payment systems (funds transfer systems)
3.1
General overview
The key payment and clearing functions in Singapore are provided by a small number of
major organisations.
1.
MAS operates MEPS+, the settlement system for large-value interbank fund
transfers. Payment obligations that arise from trading in SGS and in other SGDdenominated corporate debt are settled on a DVP basis via interfaces to the
interbank funds transfer system in MEPS+ (see Section 4.2).
2
CLS settles foreign exchange (FX) transactions in 17 currencies including the
Singapore dollar on a payment versus payment (PVP) basis, thereby eliminating
FX settlement risk and providing netting efficiencies of up to 90% (see Section 3.3.1
for details of CLS). The three local banks in Singapore interface with CLS via a
shared utility operated by the Clearing and Payment Services Pte Ltd (CAPS).
Foreign exchange (FX) settlement of 17 major currencies occurs via the CLS
system on a PVP basis. This system provides for greater efficiency in FX settlement
with netting efficiencies of up to 90%. Singapore’s three local banks connect to CLS
Bank via CAPS using a single connection, rather than via direct connections
between individual banks and CLS.
3
The SCHA provides three clearing systems for its member banks:
(i)
SGDCCS;
(ii)
USDCCS; et
(iii)
IBG.
The SCHA provides SGD and USD cheque and interbank GIRO clearing services for its
members through the SACH, which is operated by BCS. Banks’ net obligations arising from
the SGD Cheque Clearing System and the interbank GIRO system are settled through
MEPS+ on a deferred same day basis. The settlement files are prepared by the SACH and
sent to MEPS+ electronically at stipulated times.
12
The two networks are typically not interoperable. Some merchants are linked to only one network. But both
machines accept NETS EFTPOS as a form of payment. SAM stands for Self-service Automated Machine and
is operated by Singapore Post.
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Net obligations arising from the USD Cheque Clearing System are settled across
participants’ accounts held with Citibank, the settlement bank for USDCCS. The SACH
prepares and sends the settlement files to Citibank at a stipulated time each working day.
4
Banks in Singapore operate about 2,150 ATMs. The major ATM networks in
Singapore are:
(i)
the DBS-POSB ATM network;
(ii)
the NETS OCBC-UOB network; et
(iii)
the MasterCard ATM 5 network.
DBS-POSB customers can make cash withdrawals at any ATM in the DBS-POSB ATM
network.
UOB and OCBC share their ATM network; the customers of one bank can withdraw money
from the other’s ATMs. Cash withdrawals are free from a customer’s own bank, but a charge
is levied after two withdrawals per month from the partner bank.
MasterCard ATM 5 lets customers make cash withdrawals at no charge for all ATMs in the
network. It includes ATMs shared among six foreign banks: Citibank, Maybank, HSBC,
Standard Chartered, Australia and New Zealand Banking Group Limited and the State Bank
of India. For these banks, the customers have access to the shared ATMs in the network
plus proprietary ATMs which can only be used by customers from the specific bank.
3.2
New MAS Electronic Payment System (MEPS+)
MEPS+ is an RTGS system developed for large-value SGD interbank funds transfers and the
settlement of scripless SGS transactions. MEPS+ consists of two subsystems, namely
MEPS+ Interbank Funds Transfer (MEPS+-IFT) and MEPS+-SGS. MEPS+-SGS is
described in more detail in Section 4.3.1.
An important feature of MEPS+ is the real-time and irrevocable transfer of funds and SGS.
The settlement of the cash leg of SGD-denominated corporate and other government debt
instruments can also be made through MEPS+ on a DVP basis.
Banks’ current accounts held with MAS are structured to facilitate RTGS payments. At the
start of the day at 06:00, funds maintained with MAS in the current account are transferred to
the RTGS account, where they may be used for the settlement of MEPS+ payments from
09:00 to 19:00. Where an intraday Minimum Cash Balance (MCB)13 requirement applies to a
bank, only funds in excess of its intraday MCB requirement are transferred to the RTGS
account from which funds are used for settlement.
MEPS+ is considered an SIPS and is designated under the PS(O)A.
3.2.1
Operating rules
MEPS+ is owned and operated by MAS. All participating banks are contractually bound to
operate in compliance with the MEPS+ operating rules and regulations. The operating rules
13
Under Section 39 of the Banking Act, all banks in Singapore are required to maintain an MCB with MAS
calculated as an average fortnightly amount. On a day-to-day basis, a bank’s closing MCB is allowed to vary
within a band of 1% above or below the required 3% MCB, ie the closing MCB on any day should not drop
below 2% of the liabilities base and any balance above 4% will not be counted towards the fortnightly average.
The average closing MCB held over the fortnightly maintenance period must be at least 3% of the liabilities
base.
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cover areas such as general duties and responsibilities of the service provider and
participants, as well as gridlock resolution, queue management and backup facilities.14
The regular weekday operating hours of MEPS+ are as follows:
Temps
System status
06:00:00–08:59:59
System accepts forward-dated transactions only
09:00:00–19:00:00
System accepts same day value and forward-dated transactions
19:00:01–20:00:00
System accepts forward-dated transactions only
3.2.2
System participants
All banks, local and foreign, licensed under the Banking Act are eligible to participate directly
in MEPS+. Regulated non-banks of systemic importance may also seek approval from MAS
to participate in MEPS+. Banks with small SGD payment volumes may choose not to
participate in the system and, instead, to appoint a participating bank as their agent. Tandis que
the terms of such agreements are negotiated bilaterally between the banks, and are outside
the scope of MEPS+, MAS provides some services for these non-participating banks so that
they can transfer funds and SGS from their MAS current accounts and SGS-Minimum Liquid
Assets15 (MLA) accounts, respectively. All banks licensed in Singapore hold a current
account with MAS. MEPS+ participant banks can transfer funds from their current accounts
to the RTGS account for settlement. There were 63 participating banks in MEPS+ at end2009.
3.2.3
Types of transactions handled
MEPS+ is designed to facilitate large-value SGD interbank funds transfers and to settle
scripless SGS transactions on a DVP basis. In addition, it also maintains a real-time system
link to the SGX Debt Securities Clearing and Settlement System (DCSS) for the cash leg
settlement of listed SGD corporate debt securities on a DVP basis.
3.2.4
Operation of the transfer system and the transaction processing environment
As MEPS+ is based on SWIFT infrastructure, participants use their existing SWIFT terminals
and interfaces to submit payment instructions, manage queued transactions and perform
online enquiries. Submitted payment instructions that fail to settle due to insufficient funds in
a participant’s account are queued with priority assigned by the participating bank. Tout
queued instructions are settled according to their assigned priority levels on a first-in-first-out
base. Queued payments which cannot be processed at the end of a business day are
cancelled and affected participants informed of such cancelled payments through appropriate
SWIFT messages.
Some features of MEPS+:

the use of SWIFT message formats, the SWIFT network and existing infrastructure
at banks to streamline back office and cash management operations, increase
straight through processing and reduce training, message translation and repair
costs;
14
Web link to the MEPS+ service agreement.
15
Under Section 38 of the Banking Act, as part of the MLA requirements, all banks in Singapore must hold SGS
equal to at least 10% of total liabilities, of which 5% must be outright holdings of SGS. The remaining SGS
may be held under reverse repo transactions.
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
parameterised queue management, to provide participants with advanced queue
management capabilities for better liquidity and settlement risk management and
increased efficiency;

automated collateralised intraday liquidity facilities, to enable participants,
particularly banks with low liquidity, to settle payments more efficiently and to
increase system payments flow; et

automated gridlock resolution, which detects and resolves gridlocks to prevent or
reduce payment queues and to increase overall payments flow efficiency.
To mitigate operational risks, business continuity and disaster recovery plans are established
and regularly tested by both MAS and participants. In addition, MEPS+ and participants’
SWIFT systems are subject to periodic operational and technical audits by MAS’ Internal
Audit Department and MAS’ bank examiners, respectively.
3.2.5
Settlement procedures
Under the MEPS+-IFT subsystem, interbank funds transfers are made using SWIFT
messages. Provided the paying bank has sufficient funds in its RTGS account, its same day
payment instructions will be settled instantaneously and irrevocably.
MEPS+-IFT processes only same day value transactions. However, the system also accepts
forward-dated transactions up to 14 working days ahead. Such forward-dated transactions
are stored in the system and processed on the actual value date.
3.2.6
Credit and liquidity risks and their management
To mitigate settlement risk, MAS allows banks to use the full amount of their reserves in
excess of any MCB requirements imposed on an intraday basis. Participants may also
request additional liquidity on an intraday basis through the use of automated collateralised
intraday liquidity facilities. The intraday liquidity facilities are available only on business days
and during MEPS+ operating hours. The availability of the intraday liquidity facility and the
cutoff time for liquidity reversals are set out below:
Activité
Monday–Friday
Opening of facility
09:00
Close of facility
17h00
Liquidity reversals
17h30
Participants may be required to pay interest for each intraday repo transaction that is
effected. MAS may from time to time notify the participant on the interest rate charged either
through an announcement in MEPS+ or a general announcement on the MAS website.
Currently, no interest is charged for usage of the intraday liquidity facility.
With effect from 24 July 2008, a MEPS+ participant may borrow SGD funds from MAS on an
intraday and overnight basis by entering into an SGS repurchase transaction, if they have
signed the PSA/ISMA Global Master Repurchase Agreement with MAS and deposit SGD
funds with MAS on an overnight basis.
3.2.7
Pricing policies
Fees and charges for MEPS+ participation and usage are set out in the MEPS+ Service
Agreement and are reviewed periodically by MAS. MEPS+ participants are charged on a cost
recovery basis, and the fees for the various components are as follows:
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MEPS+ pricing framework
(i) Time-based transaction charges
The MEPS+ pricing structure aims to improve payment safety and efficiency by encouraging
banks to pay early in the day.
Settlement time band per transaction charge1
09:00–14:30
14:31–16:00
16:01–17:30
17:31–18:30
SGD 1.45
SGD 1.70
SGD 2.50
SGD 5.00
(ii) End-of-day statement messages
End-of-day statements2 contain all the transactions and daily closing positions of participants.
Participants are charged SGD 0.20 per SWIFT statement message to reimburse MAS for the
SWIFT messaging costs incurred by MEPS+.
(iii) Annual subscription fee
Fee tiering is based on the assumption that banks with licences that allow for a wider range of
banking activities derive more benefit from participating in MEPS+. This is because MEPS+
services can be used for the various banking activities offered.
Bank category3
Annual subscription fee
Local banks
Qualifying full banks
Full banks
Wholesale banks
Offshore banks
Clearing and settlement systems
SGD 16,000
SGD 13,000
SGD 7,500
SGD 2,000
SGD 750
SGD 2,000
(iv) Manual contingency charges
Manual contingency is a service provided by MAS for participants prevented by system failures
from effecting payments or SGS transactions. MEPS+ has two manual contingency modes, one
relying on the participant’s instructions sent via MASNET, which is a secure e-mail network
between financial institutions and MAS, and the other being a manual input mode. Both modes
are subject to a SGD 100 per day activation fee to ensure that banks do not frivolously resort to
the contingency mode. Each transaction submitted using MASNET is charged SGD 5 per
transaction, the lower rate reflecting the greater efficiency compared with manual key-in.
MASNET
Manual key-in
SGD 100 activation fee
(per day if used)
SGD 100 activation fee
(per day if used)
SGD 5 per transaction
SGD 10 per transaction
1
The charges below apply only to the bank sending a transaction. The receiving bank is not charged a fee.
3
Participants can also log in to the system to monitor their payment flows during the day.
Web link to an explanation
of the various banking licences.
2
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3.3
Foreign exchange (FX) settlement systems
3.3.1
Continuous Linked Settlement (CLS)
CLS allows cross-border currency transactions to be settled on a PVP basis. It is a real-time,
global settlement system that eliminates the FX settlement risk arising from delays in
settlement across time zones. The CLS service is offered by CLS Bank International16 (CLS
Bank), which links to the RTGS systems operated by central banks in 17 currencies.17
The CLS system offers greater liquidity efficiency, as it requires funding only of the netted
values of the FX trades. As opposed to the correspondent banking model where full funding
of the gross FX trade values is required, netting in CLS allows banks to manage their liquidity
more efficiently, leading to reduced funding requirements and costs.
3.3.2
Clearing and Payment Services Pte Ltd (CAPS)
Incorporated in 2001, CAPS is a shared utility service owned and used by the three local
banks, namely DBS, UOB and OCBC, to connect to CLS. DBS, UOB and OCBC are the
Singaporean CLS members and CAPS, which is not a CLS member, merely acts as a link
between the three local banks and CLS. It is the world’s first collaborative payment utility
designed to reduce CLS integration and operating costs. This initiative differs from the
majority of the CLS settlement member banks, which have traditionally built direct
connections to CLS Bank. Banks send their CLS foreign exchange trades to CAPS in a
format of their choosing, where they are transformed into a CLS-compliant format for onward
submission to CLS. CAPS essentially forms a link between its customer banks and CLS,
achieving scale and efficiency economies for the participating banks.
3.4
Retail payment systems
3.4.1
Singapore Dollar Cheque Clearing System (SGDCCS)
The operator of the SGDCCS is BCS. Direct participation in the SGDCCS is available only to
ordinary SCHA members. Associate members can participate indirectly in the SGDCCS
using a direct participating bank as their clearing agent. The SGDCCS is designated under
the Payment and Settlement Systems (Finality and Netting) Act.
3.4.2
USDollar Cheque Clearing System (USDCCS)
The USDCCS was launched in 1996 to clear and settle US dollar-denominated cheques
drawn on banks in Singapore. BCS is the appointed clearing operator and Citibank the
settlement bank.18 For the settlement of USD cheques, participating banks must maintain
USD accounts with Citibank. In May 2010, the settlement method for USD cheques was
changed from aggregated gross basis to a netted basis similar to that of SGDCCS. le
netted settlement has resulted in significant liquidity savings for participants, and also
16
CLS Bank is based in New York and is an Edge Corporation bank supervised by the Federal Reserve. CLS
Services Pte Ltd is the operations arm of the CLS group and is located in London.
17
US dollar, euro, sterling, Japanese yen, Swiss franc, Canadian dollar, Australian dollar, Swedish krona,
Danish krone, Norwegian krone, Singapore dollar, Hong Kong dollar, New Zealand dollar, Korean won, South
African rand, Israeli shekel and Mexican peso. For more details on CLS, see the corresponding chapter in the
forthcoming second volume of this publication.
18
A tender is carried out every five years to appoint the operator and settlement bank.
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mitigates banks’ exposure to the settlement bank. The USDCCS is designated under the
Payment and Settlement Systems (Finality and Netting) Act.
3.4.3
Cheque Truncation System (CTS)
In July 2003, banks in Singapore migrated to a new cheque clearing system, known as the
CTS. Both SGD- and USD-denominated cheques presented to and drawn on banks in
Singapore are cleared through CTS. CTS originated as an initiative from the SCHA and the
ABS to enhance the operational efficiencies of the banking industry. CTS is the world’s first
nationwide end-to-end cheque truncation system. It uses imaging and internet technologies
to scan cheques at the point of deposit and transmit the images over a secured
communication network. Physical movement of paper cheques has given way to digital
information, resulting in a more efficient, one-day cheque clearing cycle.
The clearing and settlement process of an SGD cheque is as follows:
1.
The payer sends a cheque to the payee.
2
The payee deposits the cheque at the presenting bank (payee’s bank), which credits
the payee’s account provisionally (“on hold” cheques).
3
The presenting bank captures the cheque images and magnetic ink character
recognition (MICR) data before transmitting them electronically to the SACH via a
secured private network.
4
After clearing the cheques and determining the net settlement amount for each
participating bank, the SACH sends the net clearing figures to MEPS+, which in turn
transmits the figures to the participating banks before performing settlement by
debiting and crediting the participating banks’ settlement accounts.
5
The SACH processes and sorts the data, and makes them available electronically
for downloading and processing by the paying banks.
6
If the paying bank (payer’s bank) rejects a cheque, it returns the unpaid cheque
images and MICR data to the presenting bank through the SACH on the next
business day.
7.
The settlement amount for both paying and presenting banks is adjusted accordingly
by the SACH in the figure sent to MEPS+ that day.
8
If the cheque is cleared successfully, the payee can withdraw the “on hold” funds
after 14:00 on the second business day.
The SACH transmits the multilateral net positions of all direct and indirect participants to
MEPS+ twice a day. Midday multilateral net settlement positions are made known to
participating banks at 15:05, and net debit banks have until 15:45 to fund their MEPS+
accounts. End-of-day multilateral net settlement positions are made known to participating
banks at 18:15, and banks have until 18:45 to fund any net debit positions.
The clearing process for USD cheques is similar to that of SGD cheques. However, there is
only one settlement per day across participating banks’ accounts with the settlement bank,
Citibank.
If any participating bank fails to settle its obligations by the deadline specified, it is
considered to be in default and may be suspended from clearing. This means that it can no
longer present cheques and no other participating banks can present cheques drawn on the
suspended bank. The SACH will recast figures of all participating banks and exclude those of
the suspended bank. MAS may allow the suspended bank to be readmitted if it demonstrates
that it can take steps to ensure that its obligations arising out of the clearing can be fulfilled.
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Pursuant to the PS(O)A, in an emergency situation MAS may assume control of and carry on
the operations of the clearing system or the settlement bank, or direct some other person to
do so on behalf of MAS.
3.4.4
Interbank GIRO (IBG)
IBG is a paperless system that lets customers of participating banks transfer funds, via direct
debits and credit transfers, to and from the accounts of customers of any other participating
bank. In July 2001, the SACH, the IBG’s operator, upgraded the IBG system to a browserbased system called eGIRO, thus eliminating the physical transfer of magnetic tapes
between participating banks and the SACH. Participating banks can now electronically send
and receive IBG items, including returned and rejected items, via a secure communication
network on a same day basis.
In December 2008, an enhanced eGIRO system, known as eGIRO+, which makes use of the
existing eGIRO network infrastructure, was piloted by some of the participating banks. Ses
features include an extended clearing window for submission of files to the SACH as well as
the capability to receive files from the SACH via straight through processing.
There is only one settlement session for IBG payment instructions including eGIRO+
transactions. End-of-day multilateral net settlement positions are broadcast across MEPS+ at
18:15, and banks have until 18:45 to fund any net debit positions.
IBG is designated under the Payment and Settlement Systems (Finality and Netting) Act.
Any participating bank that fails to settle its obligations by the deadline specified in the rules
of the settlement bank can be excluded from settlement. As with the SGD and USD Cheque
Clearing System, a recasting process will then take place.
3.4.5
ATM networks
Most banks in Singapore have proprietary ATM networks, but there are linkages between
these networks to provide consumers with wider access. There are currently three major
ATM networks in Singapore:

the POSB-DBS ATM network, which was established following the merger of POSB
and DBS in 1998. This network is a proprietary intrabank network run by DBS;

the NETS OCBC-UOB ATM network, a shared interbank ATM network of the other
two local banks (UOB and OCBC); et

the MasterCard ATM 5 network. This is a shared network of six QFBs, with the
switching done by MasterCard.19
For transactions using the NETS OCBC-UOB ATM network, the switching is done by NETS.
When a cardholder performs a transaction at an ATM of another bank, NETS switches the
transaction to the issuing bank for authorisation, which involves verification of the PIN,
checking that sufficient funds are available and authenticating the transaction. The issuing
bank then sends its response back via NETS, which switches it to the ATM being used, and
the transaction is completed.
If cardholders perform transactions at their own bank’s ATMs, these require no switching, as
the issuing bank is able to approve them directly.
19
The ATM 5 network consists of Citibank, Maybank, HSBC, Standard Chartered Bank, ANZ and State Bank of
Inde.
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During clearing, NETS calculates the bilateral net settlement positions for each member
bank. The net amount is then provided to the settlement bank, DBS Bank, for direct debiting
or crediting of the member banks’ accounts maintained with DBS Bank. Member banks
manage their nostro accounts at DBS Bank through MEPS+.
Cirrus and Plus cash withdrawals are cleared by MasterCard and Visa, respectively, on a
similar principle to NETS. When currency conversion is performed, the exchange rates are
determined by MasterCard and Visa on a daily basis. Settlement for these transactions is
conducted through the settlement banks for the respective card schemes.
4
Systems for post-trade processing, clearing and securities
règlement
4.1
General overview
The three main providers of post-trade services in Singapore are MAS, the CDP and
SGX-DC. Both the CDP and SGX-DC are wholly owned subsidiaries of SGX.
1.
The MEPS+-SGS subsystem at MAS clears and settles SGS trades on a DVP
base.
2
The CDP is the CSD and SSS for Singapore equities, corporate debt securities and
other securities. CDP also provides CCP clearing for Singapore equities. CDP
operates two systems :
3
(i)
the CDP Clearing & Settlement System (C&S), which is used to clear and
settle securities trades executed on the trading platform of Singapore
Exchange Securities Trading (SGX-ST); et
(ii)
the Debt Securities Clearing and Settlement System (DCSS), a gross DVP
settlement system used for the settlement of transactions in the over-thecounter (OTC) market for private bonds. No netting is carried out.
SGX-DC provides CCP clearing and settlement for all derivatives contracts traded
on the Singapore Exchange Derivatives Trading Ltd (SGX-DT), and for certain
classes of OTC derivatives contracts such as oil and coal swaps and freight forward
agreements.
There are currently no dedicated trade confirmation systems or trade repositories operating
in Singapore.
4.2
Central counterparties and clearing systems
4.2.1
CDP
4.2.1.1 Institutional framework
CDP is a designated clearing house regulated under the SFA and its relevant subsidiary
legislation. The CDP clearing rules and DVP rules govern its operations, its admission
requirements and the ongoing obligations of its members.
4.2.1.2 Participation
Participation in CDP is restricted to clearing members, who must meet minimum membership
criteria such as base capital and ongoing risk-based capital requirements. CDP had
25 clearing members as at October 2010, comprising broker-dealers and banks.
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4.2.1.3 Types of transactions
CDP clears and settles equities, structured warrants, company warrants, corporate bonds,
extended settlement contracts, real estate investment trusts (REITs), exchange-traded funds
(ETFs), exchange-traded notes (ETNs), business trusts, American depository receipts
(ADRs) and global depository receipts (GDRs) that are traded on SGX-ST.
4.2.1.4 Operation of the system
CDP begins the clearing process with trade matching, which occurs immediately on
execution of the trade in the SGX-ST trading engine, Quotation and Execution System for
Trading (QUEST-ST), a fully automated trading platform. Once the trade is matched, CDP
becomes the CCP to each side of the transaction through novation, thus guaranteeing
performance to the brokers on each side of the trade. On T+1, CDP informs each clearing
member of its money and securities obligations.
Trades are settled on CDP in a T+3 settlement cycle, with securities settled on a gross basis
while cash is settled on a net basis. For securities settlement, CDP debits the securities from
the selling broker’s clearing account and credits the buying broker’s clearing account. Pour
cash settlement, each clearing member has to maintain an account with any of the six CDPauthorised settlement banks. CDP maintains an account with each settlement bank in
addition to an account with its clearing bank.20 On the due date, CDP issues debit and credit
instructions to each settlement bank. The buying clearing member’s account will be debited
and funds will be credited to CDP’s account. Subsequently, the settlement bank will debit
CDP’s account and make payment to the selling clearing member.
4.2.1.5 Risk management
CDP maintains rules to ensure that clearing members maintain adequate controls and
sufficient financial resources to meet their obligations to CDP. Clearing members are subject
to close supervision and inspection, and their settlement obligations are monitored daily.
CDP also maintains a clearing fund that is applied if a clearing member is unable to
discharge its financial obligations to CDP. All clearing members are required to contribute to
the clearing fund, with contributions varying in proportion to the clearing member’s traded
volume. CDP also contributes to the clearing fund and maintains a standby credit line.
If a clearing member defaults, CDP first applies any collateral or security deposit placed by
the defaulting member with CDP. If these funds are insufficient, CDP applies the clearing
fund in the following order:

contributions to the clearing fund made by the defaulting member;

CDP’s contributions to the clearing fund;

contributions made by all other clearing members, on a pro rata basis; et

CDP’s standby line of credit.
If the clearing fund is insufficient to cover the discharge of financial obligations, CDP will use
its capital to cover any additional losses.
4.2.1.6 Pricing
CDP charges clearing fees of 4 basis points of contract value, subject to a cap of SGD 600
per contract.
20
The clearing bank acts as a payment and collection agent on CDP’s behalf to handle money settlement
between settlement banks. The clearing bank also guarantees CDP against a default by a settlement bank.
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4.2.1.7 Links to other systems
CDP does not link to other CCP systems.
4.2.1.8 Major ongoing and future projects
CDP is launching a link to MEPS+ for settlement of SGD transactions. When completed, the
clearing bank will no longer act as a payment and collection agent for CDP, but will continue
to guarantee CDP against a default by a settlement bank.
4.2.2
SGX-DC
4.2.2.1 Institutional framework
SGX-DC is a designated clearing house, regulated under the SFA and relevant subsidiary
legislation. The SGX-DC clearing rules govern its operations, its admission requirements and
the ongoing obligations of its members.
4.2.2.2 Participation
Participation in SGX-DC is restricted to clearing members, who must meet minimum
membership criteria such as base capital and ongoing risk-based capital requirements.
SGX-DC had 24 clearing members as at October 2010, comprising broker-dealers and
banks.
4.2.2.3 Types of transactions
SGX-DC clears futures and options contracts on interest rates, stock indices, dividend
indices and commodities traded on SGX-DT, and OTC derivatives contracts such as oil and
coal swaps and freight forward agreements.
4.2.2.4 Operation of the system
SGX-DC operates SGXClear, the system used to clear derivative products traded on
SGX-DT. SGX-DC acts as the CCP to all executed trades. Novation occurs as soon as a
trade is matched in SGX-DT’s trading engine, QUEST-DT. As a consequence, all financial
obligations arising from the trade are guaranteed by SGX-DC.
SGX-DC revalues all open positions on a daily basis based on the latest market prices and
computes the gains and losses of all open positions. Margin calls are made on the clearing
member if existing margins held with SGX-DC are inadequate. Similarly, the clearing
member has to pay for computed mark to market losses on open positions. There are four
clearing cycles, and debit instructions are sent to SGX-DC’s settlement banks to instruct
them to debit clearing members’ accounts for mark to market losses and margin calls. Sur
receiving these settlement instructions, each settlement bank is required to confirm to
SGX-DC by a stipulated deadline via SWIFT that it is able to carry out the instructions.
4.2.2.5 Risk management
SGX-DC’s safeguards for its clearing process include an effective margin system for
contracts cleared, daily marking to market of outstanding positions, an adequate clearing
fund based on daily stress testing of members’ outstanding positions, and ongoing
supervision of members to ensure their financial adequacy.
If a clearing member defaults, SGX-DC will first apply any collateral, margins or security
deposits placed by the clearing member with SGX-DC. If these funds are insufficient,
SGX-DC will apply the clearing fund in the following order:
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
SGX-DC’s contributions to the clearing fund, up to 15% of the total clearing fund
size;

contributions to the clearing fund made by other members clearing the same
contracts as the defaulting members, on a pro rata basis;

the remainder of SGX-DC’s contributions to the clearing fund; et

contributions to the clearing fund made by all other members, on a pro rata basis.
If the clearing fund is insufficient to cover the discharge of financial obligations, SGX-DC will
use its capital to cover any additional losses.
4.2.2.6 Links to other systems
An inter-exchange allocation functionality is available in SGXClear to allow clearing members
to allocate trades to clearing members of the Chicago Mercantile Exchange (CME) on a realtime basis. In addition, clearing members can accept incoming CME trades in real time.
4.2.2.7 Major ongoing and future projects
SGX-DC is launching a new clearing service for OTC financial derivatives, starting with the
clearing of interest rate swaps denominated in Singapore and US dollars.
4.3
Securities settlement systems
4.3.1
MEPS+-SGS
4.3.1.1 Institutional framework
MEPS+-SGS is governed by the same institutional framework as MEPS+. Details can be
found in Section 3.2.1.
4.3.1.2 Participation
The eligibility criteria for participating in MEPS+-SGS are the same as for MEPS+. Détails
can be found in Section 3.2.2.
4.3.1.3 Types of transactions
MEPS+-SGS settles scripless SGS transactions on a DVP basis. Participants in the MEPS+SGS subsystem may hold the following accounts, depending on the type of financial
institution:

Trade account
SGS holdings in excess of minimum MLA requirements are maintained in this
account. SGS holdings in this account can be used for settlement.

Reserve account
To maintain SGS for compliance with MLA requirements.

Customer account
To maintain SGS that belong to a participant’s customer.

Non-resident accounts
To maintain SGS that belong to a participant’s non-resident customer. Different
accounts may be created for non-resident customers who are subject to various
levels of withholding taxes.

ILF account
To maintain SGS pledged under an intraday liquidity facility (ILF) arrangement.
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4.3.1.4 Operation of the system
The operation of MEPS+-SGS is the same as for MEPS+. Details can be found in
Section 3.2.4.
4.3.1.5 Risk management
To mitigate settlement risk, the MEPS+-SGS is linked to the MEPS+-IFT system to facilitate
the settlement of SGS transactions on a DVP basis. If the seller of SGS has insufficient SGS
for delivery, the transaction is queued in MEPS+-SGS until sufficient SGS are made
disponible. Once the seller has sufficient SGS, the SGS are earmarked for transfer to the
buying bank and an IFT payment message is sent to MEPS+-IFT.
If the buying bank has insufficient funds to pay for the SGS purchase, the payment is queued
in MEPS+-IFT. When the funds become available, the amount is debited from the buyer’s
RTGS account and credited to the seller’s RTGS account. The MEPS+-IFT subsystem
simultaneously instructs the MEPS+-SGS subsystem to transfer the securities to the
purchasing bank.
4.3.1.6 Links to other systems
MEPS+-SGS is linked to MEPS+-IFT to facilitate the settlement of SGS transactions on a
DVP basis. CDP participates in MEPS+-SGS to provide SGS custody service for retail
investors.
4.3.1.7 Use of the system by the central bank
MEPS+ provides final and irrevocable settlement of SGS transactions on both a free-ofpayment (FOP) and DVP basis. The issuance of SGS within MEPS+-SGS is on a DVP basis.
On the issuance date, MEPS+-SGS automatically performs issuance to the successful
bidders on a DVP basis. That is, the securities are issued and transferred into the successful
bidders’ securities accounts only after the successful bidders’ MEPS+-RTGS accounts are
successfully debited.
For SGS coupon payments within MEPS+-SGS, MEPS+-SGS automatically calculates the
coupon payment at the beginning of the ex-date according to the coupon rate and coupon
frequency of the securities and the members’ holdings. The ex-date period, coupon payment
date, coupon payment rate and coupon payment frequency are specified for each SGS issue
in MEPS+-SGS at the start and MEPS+-SGS will derive the rest of the coupon payment
schedule accordingly.
On the coupon payment date, MEPS+-SGS automatically pays the calculated coupon
amounts to the holder (as at ex-date) of the SGS by debiting the MAS’ MEPS+-RTGS
account and crediting the holder’s MEPS+-RTGS account. For all outstanding (as at ex-date)
interbank repo transactions in MEPS+-SGS, the reverse interest amounts will also be
automatically debited from the original receiving member’s account (ie the receiving member
for the opening leg of the transaction) and credited to the original delivering member’s
account.
For SGS redemptions within MEPS+-SGS, MEPS+-SGS automatically calculates the
redemption proceeds that are due to holders on the maturity date. The maturity date is
specified for each SGS issue in MEPS+-SGS. On the maturity date, MEPS+-SGS
automatically calculates the redemption proceeds according to the quantity of SGS holdings.
MEPS+-SGS then pays the redemption proceeds to the existing holder of the SGS on a DVP
basis by debiting the MAS’ MEPS+-RTGS account and crediting the relevant member’s
MEPS+-RTGS account while also redeeming the SGS from the respective SGS accounts.
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4.3.2
CDP
4.3.2.1 Institutional framework
The settlement of securities is governed by the CDP clearing rules and DVP rules. CDP as a
central depository is governed under the Companies Act. CDP’s depository system allows
retail investors to hold direct accounts besides accounts held by depository agents
(custodian banks). CDP’s terms and conditions govern the depository and the depositors.
4.3.2.2 Participation
The participants in the securities settlement system are clearing members and depository
agents. After CCP clearing and netting have occurred, CDP effects securities settlement
between clearing members for trades done on SGX-ST. For institutional trades, CDP also
effects securities settlement between clearing members and institutional investors through
depository agents. For retail trades, CDP effects securities settlement between clearing
members and retail investors.
4.3.2.3 Types of transactions
CDP settles equities, structured warrants, company warrants, corporate bonds, extended
settlement contracts, REITS, ETFs, ETNs, business trusts, ADRs and GDRs that are traded
on SGX-ST.
CDP also operates a securities settlement system for corporate bonds traded on the OTC
market, the DCSS, a gross DVP settlement system. CDP does not act as the central
counterparty for such trades.
4.3.2.4 Operation of the system
Securities certificates are immobilised with CDP, which operates as a CSD. Bien que le
deposited securities at the CDP are registered in its name, CDP acts as a bare trustee,
holding the securities on behalf of investors. Investors maintain securities accounts with
CDP, and their securities holdings are reflected in these accounts. Depository agents and
custodian banks may also maintain sub-accounts for those investors who do not maintain a
direct account with CDP (eg overseas investors).
Under the book-entry settlement system, the transfer of securities ownership is effected
through computerised book entries. On T+3, for retail investor trades, the buying clearing
member will pay funds to CDP, while CDP will pay funds to the selling clearing member.
After payment obligations are settled, CDP will debit securities from the seller’s account and
credit them to the selling broker’s account. Subsequently, the securities will be debited from
the selling broker’s account and credited to the buying broker’s account before they are
credited to the buyer’s account. If CDP determines that the selling broker has insufficient
securities on T+2, CDP will automatically buy in against the selling broker on T+3, who will
also be subject to penalties. Investors then settle money payments with their brokers.
Institutional investors can opt not to settle their trades with their brokers but with CDP via
DVP. Depository agents or custodian banks settling on behalf of institutional investors use
the Pre-Settlement Matching Service (PSMS), an open-access infrastructure developed by
SGX. PSMS automates the matching of settlement instructions between the settling parties
of institutional trades. If an investor opts to settle trades under the DVP rules, a custodian
bank undertakes vis-à-vis CDP that it has sufficient securities or funds to meet the
transaction obligations. For matched delivery instructions, CDP is irrevocably authorised to
debit the securities from the relevant sub-accounts of the custodian bank. CDP’s system will
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then earmark the securities to be delivered by moving them from the “free” balance to the
“available” balance. 21
Cash settlement is net of all the matched and validated DVP purchase and sale settlement
instructions for a settlement day. The net paying settlement banks pay CDP’s clearing bank,
and the clearing bank in turn pays the net receiving settlement banks on behalf of CDP with
cash settlement finality at the end of T+3.
As mentioned above, CDP also operates DCSS, a securities settlement system for private
bonds traded on the OTC market. OTC bond transactions can be settled on a DVP or FOP
base. Funds are transferred via MEPS+ and securities are simultaneously transferred via the
DCSS book-entry system on a gross trade-for-trade basis. A real-time DVP arrangement is
achieved through a live leased line link between DCSS and MEPS+. On a FOP settlement
basis, the transacting parties use CDP only for securities transfer and arrange for funds
transfer separately.
4.3.2.5 Risk management
In respect of trades settled on a DVP basis, CDP is exposed to the direct counterparty risk of
the settlement banks settling for institutional clients. CDP’s guarantee for DVP trades is
supported by a two-tier guarantee of the settlement banks and the clearing bank. le
settlement bank guarantees to make payment on behalf of the custodian banks once a
settlement instruction is matched and validated. If the settlement bank is unable to make
payment on the due date, the clearing bank is obliged to make the required payment.
4.3.2.6 Links to other systems
International central securities depositories (ICSDs) such as Euroclear and Clearstream also
participate in the Singapore securities market. Trades done outside Singapore can be settled
through ICSDs. These ICSDs have indirect linkages with CDP through their depository
agents, which facilitate clearing and settlement for international investors in their systems.
Transactions can be settled on a DVP or FOP basis.
4.4
Use of securities infrastructure by the central bank
The MAS Standing Facility was launched in 2006 to manage intraday interest rate volatility
and to serve as a safety valve for the banking system. The Standing Facility allows banks to
place excess funds with or borrow from MAS against SGS collateral. Such funds transfers
and DVP SGS transfers are effected in MEPS+.
21
For securities in the “free” balance, the account holder has full legal title to them, while securities in the
“available” balance are either securities purchased by the account holder but not yet paid for, or securities
earmarked for subsequent transfers.
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Payment, clearing and
settlement systems in
Suède
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Contenu
List of abbreviations..............................................................................................................361
Introduction ...........................................................................................................................363
1.
Institutional aspects.....................................................................................................364
1.1
The general institutional framework ...................................................................364
1.2
The role of the central bank ...............................................................................365
Oversight............................................................................................................366
The provision of an interbank settlement system...............................................367
1.3
The role of other public and private sector bodies .............................................367
Public sector bodies ...........................................................................................367
Private sector bodies..........................................................................................368
2
Payment media used by non-banks ............................................................................369
2.1
Cash payments ..................................................................................................369
2.2
Non-cash payments ...........................................................................................369
2.2.1 Credit transfers .........................................................................................369
2.2.2 Cheques and money orders......................................................................370
2.2.3 Direct debits ..............................................................................................370
2.2.4 Credit and debit cards...............................................................................371
2.2.5 Prepaid cards............................................................................................371
2.3
3
Recent developments ........................................................................................371
Payment systems (funds transfer systems).................................................................372
3.1
General overview ...............................................................................................372
3.2
Large-value payment system .............................................................................372
3.2.1 RIX ............................................................................................................372
3.3
Retail payment systems .....................................................................................375
3.3.1 Bankgirocentralen BGC AB ......................................................................375
4
Systems for post-trade processing, clearing and securities settlement.......................377
4.1
General overview ...............................................................................................377
4.2
Central counterparties and clearing systems .....................................................378
4.2.1 NASDAQ OMX Derivatives Markets, central counterparty .......................378
4.2.2 European Multilateral Clearing Facility, central counterparty....................381
4.3
Securities settlement systems............................................................................382
4.3.1 Euroclear Sweden, securities settlement system .....................................382
4.4
Use of securities infrastructure by the central bank ...........................................384
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List of abbreviations
ACH
chambre de compensation automatisée
AU M
guichet automatique
BGC
Bankgirocentralen BGC AB
CDS
credit default swap
CLS
Continuous Linked Settlement
CCP
central counterparty
CSD
central securities depository
DKK
Danish krone
DVP
delivery versus payment
EEA
European Economic Area
EMCF
European Multilateral Clearing Facility N.V
ERP system
Enterprise Resource Planning system
ESCB
European System of Central Banks
EU
European Union
EUR
euro
IR TRR
Interest Rate Trade Reporting Repository
LOM
liquidity optimisation mechanism
MiFID
Markets in Financial Instruments Directive
NASDAQ OMX DM
NASDAQ OMX Derivatives Markets
NOK
Norwegian krone
OTC
hors cote
PNC
PAN Nordic Card Association
POS
point de vente
RIX
Riksbank funds transfer system
RTGS
real-time gross settlement
RTM
real-time settlement mechanism
SCP
Scandinavian Cash Pool
SEK
Swedish krona
SEPA
Single Euro Payments Area
SIA-SSB
Società Interbancaria per l’Automazione – Società per i Servizi
Bancari
SSDA
Swedish Securities Dealers Association
SSS
securities settlement system
STP
traitement direct
USD
US dollar
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introduction
Sveriges Riksbank is the Swedish central bank. According to the Sveriges Riksbank Act
(Lagen om Sveriges riksbank, 1988:1385), the Riksbank is responsible for promoting a safe
and efficient payment system.1 To this end, the Riksbank oversees the payment, clearing
and settlement systems, provides for the stability of the financial system and ensures the
supply of banknotes and coins. In the Swedish payment system, the Riksbank has both an
oversight role and an operational role. The Financial Stability Department is responsible for
the oversight role, while the Asset Management Department performs the operational
functions.
Finansinspektionen is the Swedish financial supervisory authority and is responsible for the
supervision of companies operating in the credit, insurance and securities markets, including
the supervision of all clearing organisations. The Ministry of Finance is the Swedish
government office responsible for, inter alia, the drafting of legislation regulating the financial
secteur.
The Riksbank owns and runs the funds transfer system, which is known as RIX. RIX started
operating in 1990. In 2009 the technical system and the technical platform were replaced
with a new system from the Italian firm Società Interbancaria per l’Automazione – Società per
i Servizi Bancari (SIA-SSB).
The Swedish central securities depository (CSD), Euroclear Sweden, operates the securities
settlement system (SSS). Equities, bonds and money market instruments are all
dematerialised within an in-house-developed system.
NASDAQ OMX runs the Swedish stock exchange, the derivatives exchange and the
electronic inter-dealer exchange for certain government bonds. This same entity acts as the
central counterparty (CCP) for derivatives and repo transactions. A new CCP, the European
Multilateral Clearing Facility (EMCF), was introduced in the Swedish equity market in 2009.
EMCF acts as a CCP in the clearing of cash equity transactions on the NASDAQ OMX
exchanges in Stockholm, Copenhagen and Helsinki and on some other multilateral trading
platforms operating in the Nordic countries.
There is one major retail payment system in Sweden. Bankgirocentralen BGC AB (BGC)
offers automated clearing house (ACH) services with settlements occurring on participants’
accounts in RIX.
In terms of transaction volumes, retail payments in Sweden are dominated by card
transactions. Usually, cards issued in Sweden are connected to one of the international
systems, Visa or MasterCard. However, in terms of transaction value, credit transfers and
direct debits together account for the vast majority of all non-cash transactions while card
transactions only account for a minor part. Nearly all credit transfers and direct debits are
initiated electronically. The value and the number of cheque transactions, money orders or
other paper-based credit and debit payment instruments are very low.
1
The Swedish term “Betalningssystem” (typically translated as “payment system”) here refers to the payment
system in a broad sense and not to a particular payment or settlement system.
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1.
Institutional aspects
1.1
The general institutional framework
As Sweden’s central bank, the Riksbank is an authority that reports to the Riksdag, the
Swedish parliament. The Riksbank is responsible for monetary policy with the aim of
maintaining price stability. The Riksbank is also mandated to promote a safe and efficient
payment system (see Section 1.2). Additionally, the Riksbank issues banknotes and coins
and manages the reserves of gold and foreign currencies.
Finansinspektionen is the Swedish financial supervisory authority. Finansinspektionen
supervises companies in the credit, insurance and securities markets, including all clearing
organisations.
The Ministry of Finance is the Swedish government office responsible for, inter alia, drafting
legislation regulating the financial sector (credit institutions, securities firms, funds
management, stock exchanges, clearing houses and insurance companies).
The principal laws forming the legal framework for the payment and settlement systems
infrastructure in Sweden are listed and briefly described below:2

The Sveriges Riksbank Act (Lagen om Sveriges riksbank, 1988:1385) states that
the Riksbank shall, inter alia, “promote a safe and efficient payment system”. le
Riksbank may make available systems for settlement of payments and in other ways
participate in the settlement of payments. It may also grant intraday credit to
participants in the system against adequate collateral. A credit institution or any
other company supervised by Finansinspektionen has the obligation, on the
Riksbank’s request, to provide it with such information as the Riksbank considers
necessary in order to fulfil its task of promoting a safe and efficient payment system.

The Payment Services Act3 (Betaltjänstdirektivet, 2007/64/EG) aims to harmonise
legislation on payments in the EU/EEA and also to strengthen consumer protection
in connection with payments in euros (EUR) and the currencies of member states
outside the euro area. It also represents a step towards the harmonisation of the
payment market that the Single Euro Payments Area (SEPA) aims to achieve. le
directive regulates, among other things, the right of direct debit payers to request
repayment of incorrectly executed direct debits. It also provides guidelines on the
responsibilities of banks and consumers in cases where an unauthorised transaction
has occurred, for example, in connection with some forms of payment card fraud. Dans
addition, an entirely new category of payment institution has been introduced which
is entitled to mediate payments, but also to provide credit in connection with the
payment service.

The Settlement Systems Act on systems for settlement of obligations on the
financial market (Lagen om system för avveckling av förpliktelser på
finansmarknaden, 1999:1309) is based on the EC Directive on settlement finality in
payment and securities settlement systems (Settlement Finality Directive).4 It
2
Other relevant laws are briefly described in The Swedish Financial Market 2010, which can be downloaded
from the Riksbank website www.riksbank.se.
3
The act transposes Directive 2007/64/EC of the European Parliament and of the Council of 13 November
2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and
2006/48/EC and repealing Directive 97/5/EC.
4
Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in
payment and securities settlement systems.
364
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governs the registration and approval of systems used for clearing and settling
transactions with financial instruments and aims to reduce risk associated with
participation in such systems.

The Securities Market Act (Lagen om värdepappersmarknaden, 2007:528) contains
provisions on investment services, marketplaces for securities trading and clearing
and settlement of securities trading. This Act is based on the Markets in Financial
Instruments Directive (MiFID).5

The Financial Instruments Accounts Act (Lagen om kontoföring av finansiella
instrument, 1998:1479) regulates the registration of ownership of both
dematerialised financial instruments and those material instruments that have been
taken out of circulation. The responsibility for maintaining the ownership register is
assigned to a CSD, which is granted authorisation by Finansinspektionen.

The Financial Instruments Trading Act (Lagen om handel med finansiella
instrument, 1991:980) specifies the disclosures to be made, the information to be
provided and the procedures to be followed when transactions with financial
instruments are undertaken. It also lays down a netting provision regarding contracts
involving financial instruments. The Act is based, inter alia, on the EU Prospectus
Directive.6

The Act on Fees on some Cross-Border Payments (Lag om avgifter för vissa
gränsöverskridande betalningar, 2002:598) extends to payments made in Swedish
kronor (SEK) the provisions on charges for cross-border payments in the EC
regulation on cross-border payments in the Community.7
The Swedish banking sector is highly concentrated, with the four largest commercial banks
(SEB, Handelsbanken, Nordea and Swedbank)8 accounting for almost three quarters of
household lending, 72% of corporate lending and an even higher proportion of payment
activities in the end of September 2010. Foreign banks are allowed to operate in Sweden
through branches as well as through subsidiaries. Some 27 foreign banks are represented in
the Swedish market, almost all through branches.
1.2
The role of the central bank
The Riksbank’s responsibilities in respect to the payments system and its various
components are formulated in very general terms in the Sveriges Riksbank Act. The act
mandates the Riksbank to promote a safe and efficient payment system, which has been
interpreted as a general responsibility for looking after the stability of the Swedish financial
système. The importance of safe and efficient financial market infrastructures to these
objectives predicate the Riksbank’s role as an overseer of the payments system (see
Oversight below).
5
Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial
instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the
European Parliament and of the Council and repealing Council Directive 93/22/EEC.
6
Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus
to be published when securities are offered to the public or admitted to trading and amending Directive
2001/34/EC.
7
Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009 on crossborder payments in the Community and repealing Regulation (EC) No 2560/2001.
8
The banks’ mortgage institutions and finance companies are included in these figures.
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The Riksbank Act also states (see Section 1.1) that the Riksbank may make available
systems for settlement of payments and in other ways participate in the settlement of
Paiements. The Riksbank runs the RIX funds transfer system (see The provision of an
interbank settlement system below).
Oversight
The Riksbank’s oversight of the financial infrastructure covers instruments of payment and
technical and administrative systems that enable flows of financial assets between different
institutions and marketplaces.
The primary objective of the Riksbank with regard to the payment system – as both overseer
and operator – is to identify, manage and limit systemic risks. These risks arise primarily in
connection with the transfer of large-value payments between banks and other financial
institutions. Therefore, from a financial stability perspective, the interest and activities of the
Riksbank are concentrated on this aspect of the payment system. As a consequence, its
oversight is focused on systemically important payment systems,9 ie RIX, Euroclear Sweden
and NASDAQ OMX Derivatives Markets (NASDAQ OMX DM).
Retail payment systems are also included in the Riksbank’s oversight responsibilities as
there are currently no alternative systems and they are considered systemically important. Dans
the field of retail payments, the Riksbank also considers questions of efficiency with a view to
encouraging the adoption of efficient payment solutions.
In performing its oversight role, the Riksbank regularl