In evaluating SSSs, it is essential that participants understand the nature of the relationships that the systems have with their participants. The different types of membership that are available as well as the requirements for admission as a participant should be understood. A knowledge of the account structure of the SSS is also important for an informed evaluation of the system. Participants should understand whether this structure allows or requires the segregation of their customers' cash or securities in separate accounts or sub-accounts at the SSS.
This section addresses these issues as well as the procedures for and consequences of terminating participation in the SSS. Because of loss-sharing or other arrangements, termination of membership may not extinguish all obligations of participants with respect to the SSS. General limitations on SSS liability to participants are the subject of the final question in this section. These questions are obviously important in enabling participants to establish the magnitude of their exposures to different risks associated with the SSS.
Although these questions provide the basic framework of the relationship between participants and the SSS, many of the most important aspects of these relationships concern the resolution of failures to settle or events of default. Specific questions on these topics are discussed in Section VII below.
A. Please describe the types of membership offered by the SSS.
- How do the types differ?
- Within each membership category, are all participants subject to the same rules and procedures? Please describe important exceptions, including both differences in rules across participants and the rationale for these differences.
B. Can participants establish accounts for their customers' assets that are segregated from their own asset accounts at the SSS?
- If so, is this accomplished through a single omnibus customer account or through a multiplicity of accounts and/or sub-accounts?
- Is the segregation optional or compulsory?
- Does the fact that a sub-account at the SSS bears the name of a third party give any rights to that third party as a participant under the rules of the system?
C. Please describe participant requirements for each type of membership.
- Are participants required to be domiciled or resident in a particular jurisdiction?
- Are participants required to be subject to a supervisory regime? If so, please describe.
- Are participants required to hold an equity stake in the SSS?
- Are there financial, economic, personal or other requirements (e.g. minimum capital requirements, "fit and proper" tests)? If so, please describe.
D. Does the SSS engage in oversight of its participants to ensure that their actions are in accordance with its rules and procedures? If so, please describe.
E. Under what conditions can participants terminate their membership in the SSS? Does this mark the end of all liabilities of the participant? If not, please describe what liabilities could remain.
F. Under what conditions can the SSS terminate a participant's membership in the SSS?
G. Please describe the scope of the SSS's liability to participants, including the standard of liability (negligence, gross negligence, wilful misconduct, strict liability or other), the force majeure standard, and any limitation to the scope of liability of the SSS (e.g. indirect or consequential damages). Where are these liabilities and their limitations set out (e.g. in statute or contract)?