OEKB CSD PARTICIPANT MEETING - NOVEMBER 29TH, 2019

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OEKB CSD PARTICIPANT MEETING - NOVEMBER 29TH, 2019
OeKB CSD
Participant Meeting

November 29th, 2019
OEKB CSD PARTICIPANT MEETING - NOVEMBER 29TH, 2019
Agenda
1.      Business Facts & Figures
2.      Upcoming T2S Releases 2020
3.      Report 5th Meeting of the User Committee
4.      Project Settlement Discipline
5.      T2/T2S Consolidation
6.      Project Shareholder Rights Directive
7.      AOB

November 29th, 2019                                2
OEKB CSD PARTICIPANT MEETING - NOVEMBER 29TH, 2019
1. Business Facts & Figures
1. Business Facts & Figures as of 31.10.2019

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2. Upcoming T2S Releases 2020
2. Upcoming T2S Releases 2020                             (1/3)
        T2S Problem Release 3.3
       TEST January 17th, 2020
       PROD February 15th, 2020
       Problem Tickets only, no impact on participants

November 29th, 2019                                               6
2. Upcoming T2S Releases 2020                                                                   (2/3)
        T2S Major Release 4.0
 TEST May 15th, 2020, PROD June 13th, 2020
 6 Change Requests
     CR Number                                           CR Description                                     Document
                      Reporting of Beneficial Ownership indicator in allegements, status messages and
  T2S-0671-SYS                                                                                                Link
                      settlement confirmations
                      During partial settlement windows, recycling should only be triggered after an
  T2S-677-SYS                                                                                                 Link
                      optimisation attempt
                      T2S should allow and process already matched instructions with deviating settlement
  T2S-658-SYS                                                                                                 Link
                      parameters on DELI and RECE legs
  T2S-668-SYS         Provide the T2S reference of the linked instructions preventing settlement              Link
  T2S-689-URD         New process to maximise settlement of transactions at DVP cut-off                       Link
  T2S-0719-SYS        Common Reference Data Management for T2-T2S Consolidation – Modified Objects            Link

November 29th, 2019                                                                                                  7
2. Upcoming T2S Releases 2020                                                                     (3/3)
        T2S Minor Release 4.2 & SWIFT Standard Release 2020
 TEST October 30th, 2020, PROD November 21st, 2020
 8 Change Requests
     CR Number                                          CR Description                                    Document
  T2S-0654-URD        T2S Penalty Mechanism                                                                 Link
  T2S-715-URD         Optimisations to the T2S Penalty Mechanism’s (CR654)user requirements                 Link
  T2S-0684-SYS        Handling for outbound messages with amounts exceeding 15 digits                       Link
  T2S-0695-SYS        Trade date to become mandatory within a settlement instruction (sese.023)             Link
  T2S-0703-SYS        Camt.050 exchanged between T2S and CLM                                                Link
  T2S-0713-SYS        Alignment of T2S Messages with ISO Maintenance Release 2018 - 2019                    Link
                      T2-T2S Consolidation and ECMS will require an internal communication within the
  T2S-0702-SYS                                                                                              Link
                      consolidated platform
  T2S-0718-URD        Daily provision of Euro Foreign Exchange Rates for the penalty mechanism              Link
November 29th, 2019                                                                                                8
3. Report User Committee
3. Report 5th Meeting of the User Committee                        (1/1)

 Meeting took place on November 14th, 2019

Agenda:
1. Business Facts & Figures
2. Update on projects and activities of OeKB CSD
3. Shareholder Rights Directive
4. Miscellaneous

 Meeting Protocols will be available on My OeKB CSD – User Committee

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4. Settlement Discipline
4. Settlement Discipline                                      (1/12)
        Measures offered by OeKB CSD to prevent Settlement Fails
     Real-time matching
     Tolerance level
     Bilateral cancellation facility
     Hold and release mechanism
     Recycling of failed settlement instructions
     Partial settlement
     …

OeKB CSD already offers these measures to its participants.

November 29th, 2019                                                    12
4. Settlement Discipline                                                      (2/12)
        Calculation of Penalties
 OeKB CSD will calculate cash penalties for each (free of or against payment)
  settlement instruction that:
       failed to settle on its intended settlement date (SEFP); or
       matched after its intended settlement date (LMFP).
 The calculation will be done on a daily basis for each business day that a instruction
  fails to settle after its Intended Settlement Date (ISD).
 Concerned securities
       CSD-eligible MiFID/R securities ("virtually all securities"),
       traded on an EU-trading platform or cleared by an EU-CCP.
      Excluded are shares whose main trading platform is outside of the EU.

November 29th, 2019                                                                        13
4. Settlement Discipline                                                                                 (3/12)
        Calculation of Penalties
 reference price ("Most relevant Market" or "Highest Turnover" in accordance with ESMA FIRDS DB)
 type of security (CFI)
 penalty = penalty rate * reference price * units/nominals
                                                   Penalty Rate – simplified outline
            shares, liquid                                        1.0 BP
            shares, illiquid                                      0.5 BP
            shares, growth market                                 0.25 BP
            government bonds, provinces, central banks,
                                                                  0.1 BP
            multilateral development banks, EFSF, ESM, …
            other bonds                                           0.2 BP
            bonds, growth market                                  0.15 BP
            other                                                 0.5 BP
            lack of cash                                          overnight reference rate of the particular central bank (>0)

November 29th, 2019                                                                                                              14
4. Settlement Discipline                                                     (4/12)
        Daily Settlement Fails Reports
OeKB CSD will provide a "new settlement fails penalties report" and a "modified
settlement fails penalties report" on a daily basis:
 T2S-DCPs: SWIFT semt.044 or flat file
       preliminary version of the description of flat file available here
       reporting of new penalties – will be sent by 11:30 a.m. CET
       reporting of modified penalties – will be sent by 12:00 a.m. CET
 T2S-ICPs: SWIFT MT537
       draft version of the description available in the near future
 Settlement Client
       GUI (including Excel downloads)

November 29th, 2019                                                                   15
4. Settlement Discipline              (5/12)
        Overview of the First Month

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4. Settlement Discipline                                                       (6/12)
        Monthly Aggregated Amounts Report
OeKB CSD will provide a "monthly aggregated amounts report": Sum up of all cash
penalties for each participant (party BIC), per currency and counterparty.
 T2S-DCPs: SWIFT semt.044 or flat file
       preliminary version of the description of flat file available here
       will be sent by 12:45 a.m. CET on the 14th business day of the month
 T2S-ICPs: SWIFT MT537
       draft version of the description available in the near future
 Settlement Client
       GUI & Excel downloads
       sum per customer reference
       net aggregated amount for PFOD

November 29th, 2019                                                                     17
4. Settlement Discipline                                   (7/12)
        Overview of the Month Following the Settlement Fails

November 29th, 2019                                                 18
4. Settlement Discipline                                            (8/12)
        Monthly Appeal Period
 Appeals may be lodged by participants for important reasons at any time during the
  calendar month, as from the moment of computation and reporting of the penalty, and
  until (and including) the 10th business day of the following month.
 Each time that an appeal is accepted and a change is applied to a penalty, it will be
  reported on the following business day.

November 29th, 2019                                                                   19
4. Settlement Discipline                                                          (9/12)
        Monthly Payment (Collection & Distribution)
 On the 17th business day of the following month, OeKB CSD will collect and distribute the penalties net
  aggregated amounts  one booking per participant (party BIC).
 Ahead of the 17th business day, OeKB CSD will create PFOD instructions to receive the cash amounts
  from its participants that have to pay a net aggregated amount. OeKB CSD participants must have
  adequately funded their DCA, in order for the PFOD to timely settle on the 17th business day. The PFOD
  settlement will
            debit the OeKB CSD participants’ DCA and a
            credit OeKB CSDs’ DCA.
 Ahead of the 17th business day, OeKB CSD will create PFOD instructions to pay the cash amounts to
  participants that will receive a net aggregated amount. The PFOD settlement will
            debit OeKB CSDs’ DCA and a
            credit the OeKB CSD participants’ DCA.

November 29th, 2019                                                                                         20
4. Settlement Discipline                                                           (10/12)
        Moving target
 Enters into force on September 14th, 2020  postponement possible
 Art.19 of Regulatory Technical Standards (RTS) on Settlement Discipline
       CCPs have to collect penalties from and distribute penalties to their Clearing Members
       EACH seeks to convince European Commission to allow the respective CSD to collect and distribute
        penalties also for the settlement fails of CCPs and their Clearing Members

November 29th, 2019                                                                                    21
4. Settlement Discipline                         (11/12)
        OeKB CSD Communication
 Infomail – Settlement Discipline #1:
       slides
       FAQs
       draft version of the description MT537

 Participant Meeting:
       updates in 2020

November 29th, 2019                                        22
4. Settlement Discipline                                          (12/12)
        Q&A

                            Any questions?

 You can also send your questions to kurt.kerschbaum@oekb-csd.at at a later time.
November 29th, 2019                                                                  23
5. T2/T2S Consolidation
5. T2/T2S Consolidation                                                             (1/1)
 A project of the Euro Central Banks
       Go Live: November 2021
 Aspects for OeKB CSD:
       OeKB CSD will continue to offer conversion of statements of accounts (camt.053 from T2S-DCA into
        MT940) for its participants.
       Collection and distribution of income will continue to take place on T2S-DCAs.

November 29th, 2019                                                                                    25
6. Project Shareholder Rights Directive
6. Project Shareholder Rights Directive                                   (1/9)
        SRD II in a Nutshell
  Shareholders Rights Directive II (EU) 2017/828
 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32017L0828
  Implementing Regulation (EU) 2018/1212
 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32018R1212

  National (Austrian) Implementation
 https://www.parlament.gv.at/PAKT/VHG/XXVI/I/I_00624/index.shtml

                              Top left hand quadrant:
                                Topics concerning
                                all Intermediaries,
                                  including CSDs

November 29th, 2019                                                               27
6. Project Shareholder Rights Directive                        (2/9)
        Four Scope Items for our Community (OeKB CSD as Issuer CSD)
a. Shareholder Identification (SI)                Shares admitted to trading on a
   "Who owns my shares?"                          regulated market within EU
b. Information on General Meetings (IGM)          deposited with OeKB CSD as
c. Information on other Corporate Actions (ICA)   Issuer CSD
d. Proxy Voting (PV)

November 29th, 2019                                                             28
6. Project Shareholder Rights Directive                                                                                (3/9)
            a. Shareholder Identification
                 Response
                                                                                                                      4
                                       1st   Int.     2                   2nd   Int. 3                   nth   Int.
            Issuer            1               CSD                   2                                3
                                                                            Intermediary A                Intermediary X           Shareholder A
          (or Agent)                    (as Issuer CSD)
                             Request

                                                                    2                                3
                                                                            Intermediary B                Intermediary Y           Shareholder B

                                                                                      3              3
                                                                                                                      4
1 Request:                                    2 Response:                                                                          Shareholder C1
•      ISO 20022 based                        •     ISO 20022 based                                                   4
•      Specific to a single ISIN              •     Total balance of all account holders (of ISIN)
•      Issued by the issuer himself           •     List of account holders, including balances           Intermediary Z           Shareholder C2
       (or an appointed agent)                      of individual accounts (downstream)
                                              •     List of own accounts held with other
                                                    intermediaries, including balances and kind                                    Shareholder E
                                                    of holding (upstream)                                                            (less than 0.5%)

    November 29th, 2019                                                                                                                                 29
6. Project Shareholder Rights Directive                                                             (4/9)
            b. Information on General Meetings

                                  1st Intermediary            2nd Int.                nth Int.
            Issuer           1            CSD           2                         3                      4
                                                               Intermediary A          Intermediary X           Shareholder A
          (or Agent)               (as Issuer CSD)

                                                        2                         3                      4
                                                               Intermediary B          Intermediary Y           Shareholder B
                                                                                  3
                                                                                                         4
                                                                                                                Shareholder C1
1 Information Message is:                  2 Information Message is:
                                                                                                         4
•      ISO20022 based                      •   ISO20022 based                          Intermediary Z           Shareholder C2
       or                                      and
•      entered via GUI (based on 20022)    •   provided on GUI (Asset Servicing
•      … but design yet to be finalized        Client)                                                   4      Shareholder E
                                                                                                                  (less than 0.5%)

    November 29th, 2019                                                                                                              30
6. Project Shareholder Rights Directive                                                             (5/9)
            c. Information on Corporate Actions

                                  1st Intermediary            2nd Int.                nth Int.
            Issuer           1            CSD           2                         3                     4
                                                               Intermediary A          Intermediary X           Shareholder A
          (or Agent)               (as Issuer CSD)

                                                        2                         3                     4
                                                               Intermediary B          Intermediary Y           Shareholder B
                                                                                  3
                                                                                                        4
                                                                                                                Shareholder C1
1 Information Message is:                  2 Information Message is:
                                                                                                        4
•      ISO15022 based                      •   ISO15022 based                          Intermediary Z           Shareholder C2
       or                                      and
•      entered via GUI (based on 15022)    •   provided on GUI (Asset Servicing
•      … but design yet to be finalized        Client)                                                  4       Shareholder E
                                                                                                                  (less than 0.5%)

    November 29th, 2019                                                                                                              31
6. Project Shareholder Rights Directive                                                         (6/9)
        SRD II, Tentative Roll-Out Timeline OeKB CSD

                      March, to be announced                                                        Thu, September 3rd
                      Discussion of Draft                                                           Directive in Effect in EU
                      • Review                                   6 months
                      • Feedback
                      • Changes

         Wed, March 4th               Wed, April 8th                   Mon, August 3rd           Mon, August 31st
         Draft Specification          Final Specification              Participant Testing       Live System Online
         • SI: ISO20022               • SI: ISO20022                   • Connectivity Testing    • Connectivity Test
         • IGM: GUI+ISO20022          • IGM: GUI+ISO20022              • Data Format Testing     • Smoke Test
         • ICA: GUI+ISO15022          • ICA: GUI+ISO15022              • Processes and Timing

                                                            4 months
  2019 2020

November 29th, 2019                                                                                                    32
6. Project Shareholder Rights Directive                                                              (7/9)
        SRD II, Status on National Level
 Börsegesetz 2018, BGBl. I No. 107/2017, last amended by Bundesgesetz BGBl. I No. 776/2019, is amended
 as follows (July 2019) https://www.parlament.gv.at/PAKT/VHG/XXVI/I/I_00624/index.shtml

  The legal framework in Austria has been finished in summer 2019.

 Cornerstones of the Austrian national implementation:
              Minimum threshold of 0.5%. Below this threshold a holding is not to be reported.
              The issuer can be charged with cost incurred by compliance with the regulation – within reasonable limits.
              Exemption of SRD II related reporting from the so called "Bankgeheimnis" i.e. banking secrecy
              The implementation of the rules comes into effect with Sept. 3rd, 2020 (latest possible deadline)
              Non-compliance with the regulation leads to a penalty of Euro 25,000.-- per case.

November 29th, 2019                                                                                                         33
6. Project Shareholder Rights Directive                           (8/9)
        SRD II, Stakeholders (in alphabetical order)
       Aktienforum
       Bankenverband
       CANIG - Corporate Actions National Implementation Group
       CIRA
       FMA
       Intermediaries (Banks, OeKB CSD)
       Issuers
       Service Providers (e.g. Information Brokers)
       Shareholders
       WKO

November 29th, 2019                                                       34
6. Project Shareholder Rights Directive                             (9/9)
        Building Market Awareness

 Intermediaries have built awareness among themselves quite early (platforms
  Bankenverband and CANIG)

 Building similar awareness regarding Issuers remains an important task
      past conferences, meetings:
                     Aktienforum (September 2019)
                     C.I.R.A. Jahreskonferenz (October 2019)
      planned:
                     C.I.R.A. Special Day January 15th, 2020
                     …

November 29th, 2019                                                             35
7. AOB
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