Financial Markets Act, 2012 (Act No. 19 of 2012)RegulationsFinancial Markets Act RegulationsChapter VI : Central Counterparties42. Record keeping42.2 Transaction records |
| (1) | A central counterparty must— |
| (a) | maintain records of all transactions in all contracts it clears; and |
| (b) | ensure that its records include all information necessary to conduct a comprehensive and accurate reconstruction of the clearing process for each contract; |
| (c) | ensure that each record on each transaction is uniquely identifiable and searchable at least by all fields concerning the central counterparty, interoperable central counterparty, clearing member, client, if known to the central counterparty, and financial instrument. |
| (2) | In relation to every transaction received for clearing, a central counterparty must, immediately upon receiving the relevant information, make and keep updated a record of the following details: |
| (a) | the price, rate or spread and quantity; |
| (b) | the clearing capacity, which identifies whether the transaction was a buy or sale from the perspective of the central counterparty recording; |
| (c) | the instrument identification; |
| (d) | the identification of the clearing member; |
| (e) | the identification of the exchange or trading venue where the contract was concluded; |
| (f) | the date and time of interposition of the central counterparty; |
| (g) | the date and time of termination of the contract; |
| (h) | the terms and modality of settlement; |
| (i) | the date and time of settlement or of buy-in of the transaction and to the extent they are applicable, of the following details: |
| (i) | the day and the time at which the contract was concluded; |
| (ii) | the original terms and parties of the contract; |
| (iii) | the identification of the interoperable central counterparty clearing one leg of the transaction, where applicable; |
| (iv) | the identity of the client, including any indirect client, where known to the central counterparty, and in case of a give-up, the identification of the party that transferred the contract. |