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Commission Delegated Regulation (EU) 2017/392Show full title

Commission Delegated Regulation (EU) 2017/392 of 11 November 2016 supplementing Regulation (EU) No 909/2014 of the European Parliament and of the Council with regard to regulatory technical standards on authorisation, supervisory and operational requirements for central securities depositories (Text with EEA relevance)

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Article 54Transaction/settlement instruction (Flow) records

1.A CSD shall maintain records of all transactions, settlement instructions and orders concerning settlement restrictions that it processes and it shall ensure that its records include all necessary information to accurately identify them.

2.In relation to every settlement instruction and order concerning settlement restrictions received, a CSD shall, immediately upon receiving the relevant information, make and keep updated a record of the following details, depending on whether the settlement instruction or settlement restrictions covers securities or cash only, or both securities and cash:

(a)type of settlement instruction as referred to in point (h)(v) of Article 42(1);

(b)type of transaction, as follows:

(i)

purchase or sale of securities;

(ii)

collateral management operations;

(iii)

securities lending/borrowing operations;

(iv)

repurchase transactions;

(v)

others;

(c)unique instruction reference of the participant;

(d)trade date;

(e)intended settlement date;

(f)settlement timestamp;

(g)timestamp of the moment of entry of the settlement instruction into the securities settlement system;

(h)timestamp of the moment of irrevocability of the settlement instruction;

(i)matching timestamp in case of matched settlement instructions;

(j)securities account identifier;

(k)cash account identifier;

(l)settlement bank identifier;

(m)identifier of the instructing participant;

(n)identifier of the instructing participant's counterpart;

(o)identifier of the instructing participant's client, where known to the CSD;

(p)identifier of the client of the instructing participant's counterpart, where known to the CSD;

(q)securities identifier;

(r)settlement currency;

(s)settlement cash amount;

(t)quantity or nominal amount of securities;

(u)status of the settlement instruction covering:

(i)

pending instructions which can still settle on the intended settlement date;

(ii)

failed settlement instructions which cannot settle anymore on the intended settlement date;

(iii)

fully settled settlement instructions;

(iv)

partially settled settlement instructions, including the settled part and the missing part of either financial instruments or cash;

(v)

cancelled settlement instructions, including information whether it is cancelled by the system or by the participant.

For each of the categories of settlement instructions referred to in the first subparagraph, the following information shall be recorded:

(a)

whether an instruction is matched or not matched;

(b)

whether an instruction can settle partially;

(c)

whether an instruction is on hold;

(d)

where relevant, what the reasons are for instruction being pending or failing

(e)

place of trading;

(f)

if applicable, place of clearing;

where a buy-in process is initiated in accordance with Article 7(3) of Regulation (EU) No 909/2014, details regarding:

(i)

the final results of the buy-in process on the last business day of the deferral period at the latest, including the number and value of the financial instruments where the buy-in is partially or fully successful;

(ii)

the payment of cash compensation, including the amount of the cash compensation, where the buy-in is not possible, fails or is partially successful;

(iii)

the cancellation of the initial settlement instruction;

(iv)

for each settlement fail, the amount of the penalties referred to in Article 7(2) of Regulation (EU) No 909/2014.

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