Is Same-Day Settlement Fast Enough for Payments?

From American Banker

“Jan Estep, president and CEO of Nacha, discusses the organization's revised proposal to speed transactions on the automated clearing house network and how it improves on the plan that member banks voted down two years ago.”

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CLS wins legal battle in settlement 'patent' dispute

From Finextra

“The US Supreme Court has found in favour of CLS Bank in a long-running patent dispute with Alice Corporation over the abstract notion of intermediated settlement.

In its opinion statement, the Supreme Court said: "We hold that the claims at issue are drawn to the abstract idea of intermediated settlement, and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention."”

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Foreign exchange settlement risk - Guidance being updated

The Basel Committee on Banking Supervision (BCBS) and the Committee on Payment and Settlement Systems (CPSS) are establishing a joint working group to revise the BCBS's “Supervisory Guidance for Managing Settlement Risk in Foreign Exchange Transactions” (2000), with the goal of ensuring that financial institutions adequately control their foreign exchange settlement exposures. The group will be chaired by Ms Jeanmarie Davis, Senior Vice President at the Federal Reserve Bank of New York.

Foreign exchange settlement risk is the risk that one party to an FX trade pays out the currency it sold but does not receive the currency it bought. It consists of both liquidity risk (the risk that the purchased currency is not received when due) and credit risk (the risk that the purchased currency is not received when due or at any time thereafter). In this situation, a party's foreign exchange settlement exposure equals the full amount of the purchased currency.

Foreign exchange settlement risk was identified as a significant risk to market participants in a 1996 CPSS report “Settlement Risk in Foreign Exchange Transactions”. An update to that report, “Progress in Reducing Foreign Exchange Settlement Risk”, published in May 2008, found that, through mechanisms such as CLS Bank, the financial services industry has made substantial progress in reducing FX settlement risk. The report notes, however, that part of the market still settles in a manner that does not mitigate FX settlement risk and that some bilateral settlement exposures are large in relation to capital.

CLS Bank provides a means of settling foreign exchange transactions on a "payment versus payment" basis. Established in 2002, CLS Bank currently settles FX-related payment obligations in 17 currencies. CLS Bank is owned by private sector banking and other financial institutions.

The 2008 report therefore recommended further action by individual institutions, industry groups and central banks:

• Individual institutions need to ensure that the risk controls and incentives they have in place favour the use of risk-reducing FX settlement methods.
• Industry groups should continue to develop services for settling FX trades that will help to reduce remaining risks, particularly services for settling same day and certain next day trades and trades involving additional currencies and counterparties.
• Central banks will work with supervisors to encourage continued progress by the financial industry.

The current announcement indicates the re-launch of the planned work between central banks and supervisors, which had been postponed with the onset of the financial crisis. This is an important step to ensure that market participants focus on FX settlement and that their exposures are properly controlled.

The guidance issued by the BCBS in 2000 was before CLS Bank and other payment versus payment (PVP) settlement systems were operational and does not fully reflect advances in the market and key differences between trades that settle through sound PVP arrangements and those that settle bilaterally through correspondent banking relationships. The revised guidance will address these and other developments with respect to FX settlement risk management.

The two committees plan to issue revised guidance by the end of 2011 for public comment.

Euroclear Bank to allow transactions in Chinese Yuan

Euroclear Bank has announced that it is to allow clients to settle transactions and deposit Eurobonds and Hong Kong domestic securities denominated in the Chinese Yuan Renminbi in Euroclear Bank.

The first transactions in Renminbi are due to be settled on 27 September.

Euroclear Bank will support the Renminbi-denominated securities market, said Olivier Grimonpont, Regional Head and General Manager of the Euroclear Bank branch office in Hong Kong. He also added, investors will be able to settle these transactions in Euroclear Bank and eliminate foreign-exchange risk by having to settle in alternative currencies as offshore borrowers look to raise funding in Renminbi or to broaden their investor base.

Euroclear Bank intends to take an early and significant role in servicing these securities for issuers and investors alike. The Yuan Renminbi is the 53rd settlement currency offered by Euroclear Bank.

New Zealand central bank designates third settlement system

The Reserve Bank of New Zealand and the country’s Securities Commission has announced that the newly established “NZCDC Settlement System” has been declared a designated settlement system in terms of the Reserve Bank of New Zealand Act.

The Reserve Bank and Securities Commission are joint regulators of designated settlement systems. The NZCDC Settlement System is operated by New Zealand Clearing and Depository Corporation, a wholly-owned subsidiary of NZX Limited.

Reserve Bank Head of Prudential Supervision Toby Fiennes, and Securities Commission Chairman Jane Diplock said the designation gives statutory backing to the finality of settlement and netting of transactions through the system so that in the event of failure by a participant, transactions cannot be unwound. Designated settlement systems are subject to ongoing oversight by the Securities Commission and the Reserve Bank. However, it is not compulsory for settlement systems operating in New Zealand to be designated.

New Zealand has two existing designated settlement systems: the Reserve Bank’s Exchange Settlement Account System and the Continuous Linked Settlement System operated by CLS Bank International.

A settlement system will only be recommended for designation after a thorough assessment by the regulators, they said. The regulators assess, amongst other things, the clarity and legal certainty of the rules of a system, its financial soundness and risk management policies, and the capability and capacity of the operator.