Abaxx Clearing has framed its rules in conformity with the obligations of and protections afforded by the SFA (Division 4 of Part 3) which applies specifically to Approved and Recognised Clearing Houses. As such, in the unlikely occasion where an Event of Default is declared by Abaxx Clearing, the defaulting Clearing Member shall be deemed to be in breach of its obligations to Abaxx Clearing, in accordance with the Abaxx Clearing Rulebook (Rule 612).
Determination of default is based on (a) failure to meet financial/payment obligations or (b) notification that the Clearing Member has lost or is at risk of losing required licenses and/or facing insolvency (or similar).
Detailed aspects of Abaxx Clearing’s default management procedures are set out in Rule 612 of the Abaxx Clearing Rulebook.
In the extreme event of default declaration, the clearinghouse may, subject to the relevant provisions of the SFA, take immediate action to exercise its rights in relation to the following to satisfy the defaulting Clearing Member’s obligations on a best endeavors basis: