OSC issues Staff Notice on New Requirement for Clearing Agency Recognition

For Immediate Release OSC

TORONTO – The Ontario Securities Commission (OSC) today issued Staff Notice 24-702 Regulatory Approach to Recognition and Exemption from Recognition of Clearing Agencies in regard to a new mandatory requirement for clearing agencies to be recognized by the OSC.

Effective March 1, 2011, entities carrying on business as a clearing agency in Ontario will be required to be recognized or have obtained an exemption from the recognition requirement. There are several criteria that the OSC will consider in deciding whether to issue a recognition order or exemption, described in detail in the Staff Notice.

As set out in the Notice, staff recommends that those entities that perform certain key functions or provide certain facilities, such as central depository, central counter-party, and/or guarantor functions, be recognized and be subject to full clearing agency regulation and oversight. Depending on the circumstances, staff may recommend that a clearing agency be granted an exemption from recognition.

“In helping facilitate securities transactions, clearing agencies play an important role in protecting investors and enhancing the efficiency of the capital markets,” said Susan Greenglass, the OSC’s Director of Market Regulation. “The new mandatory recognition requirement for clearing agencies will provide the tools necessary to impose requirements on all entities that perform this critical role."

Staff Notice 24-702 Regulatory Approach to Recognition and Exemption from Recognition of Clearing Agencies is available on the OSC website, www.osc.ca.

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