2012/13 Assessment of ASX Clearing and Settlement Facilities B1.2 ASX Clear (Futures)

Standard 21: Regulatory Reporting

A central counterparty should inform the Reserve Bank in a timely manner of any events or changes to its operations or circumstances that may materially impact its management of risks or ability to continue operations. A central counterparty should also regularly provide information to the Reserve Bank regarding its financial position and risk controls on a timely basis.

Rating: Observed

The Bank meets regularly with ASX Clear (Futures) to discuss matters relevant to its compliance with the FSS, and related aspects of its risk management and operational arrangements, and has been kept informed of relevant developments during the Assessment period (CCP Standard 21.1). ASX Clear (Futures) provides the Bank with financial, activity, risk and operational data and reports on a regular and timely basis (CCP Standard 21.2).

The Bank's assessment is that ASX Clear (Futures) has observed the requirements of CCP Standard 21 during the 2012/13 Assessment period. ASX Clear (Futures)' regulatory reporting arrangements with the Bank are described under the following sub-standards.

21.1 A central counterparty should inform the Reserve Bank as soon as reasonably practicable if:

  1. it breaches, or has reason to believe that it will breach:
    1. a CCP Standard; or
    2. its broader legislative obligation to do, to the extent that it is reasonably practicable to do so, all things necessary to reduce systemic risk;
  2. it becomes subject to external administration, or has reasonable grounds for suspecting that it will become subject to external administration;
  3. a related body to the central counterparty becomes subject to external administration, or if the central counterparty has reasonable grounds for suspecting that a related body will become subject to external administration;
  4. a participant becomes subject to external administration, or if the central counterparty has reasonable grounds for suspecting that a participant will become subject to external administration;
  5. a participant fails to meet its obligations under the central counterparty's risk control requirements or has its participation suspended or cancelled because of a failure to meet the central counterparty's risk control requirements;
  6. it fails to enforce any of its own risk control requirements;
  7. it plans to make significant changes to its risk control requirements or its rules, policies and procedures;
  8. it or a service it relies on from a third party or outsourced provider experiences a significant operational disruption, including providing the conclusions of its post-incident review;
  9. any internal audits or independent external expert reviews are undertaken of its operations, risk management processes or internal control mechanisms, including providing the conclusions of such audits or reviews;
  10. its operations or risk controls are affected, or are likely to be affected, by distress in financial markets;
  11. it has critical dependencies on utilities or service providers, including providing a description of the dependency and an update if the nature of this relationship changes;
  12. it proposes to grant a security interest over its assets (other than a lien, right of retention or statutory charge that arises in the ordinary course of business);
  13. it proposes to incur or permit to subsist any loans from participants or members unless such loans are subordinated to the claims of all other creditors of the central counterparty; or
  14. any other matter arises which has or is likely to have a significant impact on its risk control arrangements (see also CCP Standards 1.6, 16.10 and 19.3).

Three routine quarterly meetings are held between the Bank and ASX:

  • executive-level meetings to discuss developments relevant to compliance with the FSS, involving the Chief Risk Officer and other relevant members of ASX's management team
  • risk management meetings, involving general managers and other staff responsible for clearing risk policy and the implementation of risk management arrangements
  • operations meetings, involving the Executive General Manager, Operations, and other members of the management team responsible for implementation of operational strategy, management of operational risk and business continuity planning.

In addition, the Bank, ASIC and ASX hold a monthly meeting to discuss matters of common interest, including proposed rule changes and regulatory developments. These meetings provide a forum for the discussion of material developments, such as issues regarding participant compliance, changes to risk management controls, and the results of internal audits. Matters discussed in the formal scheduled meetings are followed up, as appropriate, in more focused targeted sessions.

The Bank expects to be notified immediately of any significant developments in ASX Clear (Futures)' risk exposure; for example, if ASX Clear (Futures) has reason to believe that a participant default may be imminent or there is evidence of distress in ASX Clear (Futures)' markets. Notification to the Bank of significant developments is specified in many of ASX's key internal risk management policies. The Bank and ASX hold ad hoc meetings to discuss relevant matters as required.

During the 2012/13 Assessment period, ASX kept the Bank up to date with several minor operational incidents and the status of important project milestones, such as development of the OTC derivatives clearing service, the introduction of cash equity margining at ASX Clear, and the rollout of ASX Collateral. The Bank is satisfied with its level of communication with ASX over this period.

21.2 A central counterparty should also provide to the Reserve Bank, on a timely basis:

  1. audited annual accounts;
  2. management accounts on a regular basis, and at least quarterly;
  3. risk management reports, including detailed information on margining and stress testing, on a regular basis, and at least quarterly;
  4. periodic activity, risk and operational data, as agreed with the Reserve Bank; and
  5. any other information as specified by the Reserve Bank from time to time.

Audited annual reports are published on the ASX public website, while ASX provides the Bank with quarterly statements of balance sheet, income, and collateral held for each CS facility.

The Bank conducts a quarterly review of ASX's adherence to the FSS, focusing on any material developments in its risk management activities. As part of this review process, ASX provides a quarterly risk management report, as well as detailed activity, risk and operational data. The risk management report includes information on stress-test results, adequacy of financial resources, and developments in risk management policy. Data provided quarterly to the Bank include changes to participants' ICRs, daily margin collections (including intraday margin calls), stress-test results, collateral holdings, and any late payments. Quarterly risk management review meetings between the Bank and ASX provide a forum for discussion of developments.

From time to time the Bank will request additional information from ASX Clear (Futures) on topics of interest, particularly in regard to any operational incidents or the status of projects with significant risk implications.

During the second half of 2013, the Bank will be conducting a review of the data it collects from ASX to better support its assessment of the CS facilities against the requirements of the FSS.