Several industry associations (ISDA, BBA and FOA – the futures and options association) have responded to a Treasury informal consultation on the need to carve out from English insolvency law the porting of clearing clients’ positions and margin. They agree on the need to ensure certainty around the porting option when a clearing member becomes insolvent. EMIR’s porting option should also apply where the clearing member is acting through back-to-back transactions and holds the client’s margin. The associations note that porting should be subject to agreement. These agreements should be upheld even if entered once the clearing member has defaulted.(Source: Joint Association Response to Treasury Segregation and Portability Consultation)
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Industry responds to Treasury informal consultation on segregation and porting
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