Segregated client is the client of the Clearing Member, which is registered as the Segregated client and has the right to move to the other Clearing Member
Such procedure enforces protection of non-defaulting clearing members from risks, connected with the default of the Clearing Member. Segregated Client is transferred with his own collateral and open positions
Individual person or legal entity, non-resident inclusively, can become a Segregated Client
Principal Clearing Member is the Clearing Member that registered Segregated Client. Segregated Client can use Portability procedure and move from the Principal Clearing Member to the Receiving Clearing Member
Principal Clearing Member opens Settlement Account (several accounts) for the Segregated Client in advance. Additionally, such Clearing Member registers relevant TA (several TAs) on the Securities market
Principal Clearing Member forwards to the Clearing House Request for the Segregated Client registration
Following Segregated Client registration:
Execution of trades with the indication of TA, fixed to the Segregated Client, is possible only with the indication of the client code, corresponding to the Segregated Client
Return of funds according to the details is possible only when beneficiary is the Segregated Client himself or the Clearing Member
Segregated Client can use transfer of obligations and Collateral in cases, stipulated in the Clearing Rules. In order to use such procedure Segregated client forwards to NCC himself the Application for obligations and Collateral transfer
If the term regarding protection of cash funds of the Segregated Client is set then additionally:
Return of funds according to the details is possible only when beneficiary is the Segegated Client himself
Transfer of funds is possible only between Settlement Accounts, fixed to such Segregated Client
NCC notifies Segregated Client on the fact of his registration according to the details, defined in the request. In the similar way if the client stops being segregated one due to execution of the Request for annulment of the Segregated Client registration, NCC notifies such client on this fact according to the details, defined in the request
A Clearing Member is entitled to annul registration of the Segregated Client or to indicate the necessity to protect cash funds of the Segregated Client under the condition that there is no Collateral, recorded under the Settlement Account, registered in the name of such Segregated Client
Segregated Client can use its right to move to the other Clearing Member. In order use this right, Segregated Client shall forward to NCC Application for obligations and Collateral transfer himself
In this application Segregated Client must define the following:
Segregated Client name
Full name of the Principal Clearing Member and of the Receiving Clearing Member
List of markets, on which Segregated Client is registered
Grounds for obligations and collateral transfer. All possible grounds are listed in the Clearing Rules
Clearing House does not check authenticity of grounds for obligations and Collateral transfer, defined by the Segregated Client in the Application. Meanwhile the Clearing House is entitled to refuse to execute Application for obligations and Collateral transfer if there is information on absence of grounds defined in the Application
Attention: for effective processing of the Application for obligations transfer we recommend submit such application via NCC EDI or via S.W.I.F.T. Any legal entity, RF non-resident inclusively, can connect to NCC EDI. If Application is provided in paper form, set of documents, which approve powers of the person, who has signed the Application, shall be provded.
If as the ground for transfer is the consent of the Principal Clearing Member then the Principal Clearing Member shall provide the Instruction to transfer obligations and Collateral of the Segregated Client. The abovementioned Instruction is porivded in paper or via EDI
After the moment when the Application for obligations and collateral transfer from the Segregated Client has been checked and accepted for processing, procedure for obligations and collateral transfer starts:
1. Clearing House notifies Segregated Client and Principal Clearing Member on the beginning of the transfer procedure
2. Clearing House sets prohibition on return of funds from Settlement Account of the Segregated Client, Moscow Exchange sets prohibition on orders submission and execution of trades with the indication of the Settlement Account of the Segregated Client
3. Clearing House forwards to the Receiving Clearing Membeer via EDI information on the Segregated Client, size of obligation and collateral under Settlement Accounts of the Segregated Clients
4. Receiving Clearing Member forwards to the Clearing House via EDI Consent upon acceptance of the Principal Clearing Member's obligations under settlement accounts of the Segregated Client
5. Receiving Clearing Member can register accepted client as the Segregated Client or as ordinary client, without segregation. In the Consent upon acceptance the Receiving Clearing Member:
marks whether his new client will be Segregated one
can define particular Settlement Account and TA (several accounts), to which obligations and collateral shall be transferred
6. Clearing House peforms transfer of obligations and collateral of the Segregated client
7. Clearing House notifies Segregated Client and Principal Clearing Member on the end of the obligations and collateral transfer
Receiving Clearing Member can register Segregated Client on the Exchange in advance or after execution of the obligations and Collaterall transfer procedure