Acting as a general clearing memberU.K.
34.—(1) A member of, or participant in, a regulated market or multilateral trading facility that acts as a general clearing member for other persons (“M”) must comply with the requirements set out in paragraph (2) if—
(a)M's home Member State is the United Kingdom;
(b)the markets in financial instruments directive does not apply to M as a result of Article 2.1(a), (e), (i), or (j) of the directive; and
(c)M does not have a Part 4A permission for the purposes of the directive.
(2) M must have in place effective systems and controls to ensure—
(a)M's clearing services are only provided to persons who —
(i)are suitable recipients of those services; and
(ii)meet clear criteria applied by those systems and controls regarding which persons are suitable to receive clearing services; and
(b)requirements are imposed on the persons to whom clearing services are being provided to reduce risks to M and to the market.
(3) M must have a binding written agreement with any person to whom they are providing clearing services detailing the rights and obligations of both parties arising from the provision of the service.
(4) In this regulation “clearing services” means the services provided by M in the course of acting as a general clearing member for other persons.