Market Link Guide - Australia
CSD link as defined under CSDRa
Type of link
Indirect link via BNP Paribas Australia Branch, to:
Physical or book-entry settlement at registrar (for unlisted equities only).
a. CSD Regulation (EU) No 909/2014, Article 2(29).
ASX Settlement / CHESS as subregister
BNP Paribas Australia branch
CHESS: Not available
CHESS: Not available
Country of incorporation
Legal Account name/ holder
All CHESS eligible securities are registered in the name of BNP Paribas Nominees Pty Ltd
All Austraclear eligible securities are registered in the name of Austraclear Limited.
BNP Paribas (Australia branch) as the participant in CHESS and Austraclear, holds securities under the name BNP Paribas Nominees Pty Ltd with a dedicated account qualifier for CBL as follows:
CHESS: BNP Paribas Nominees Pty Ltd ACF Clearstream
Austraclear: BNP Paribas Securities Services Australia Branch
Clearstream Banking S.A.
|Settlement free of payment||Yes|
|Settlement against payment||Yes||Eligible settlement currency: Australian Dollar (AUD).|
No internal settlement or transfer restrictions within CBL.
|Settlement against payment in central bank money account of CBL/CBL customers|
|CBL holds a cash account at the custodian. Against payment settlement takes place on BNP’s single account in CHESS and a single account in Austraclear.|
Only for Australian debt securities that fulfil Australia's Public Offer test and hence qualify for withholding tax exemption.
Except when the local CSD imposes the partial delivery of securities.
|Settlement penalty fees|
Subject to counterparty availability.
For equities only (CSD automatic compensation for on market transactions only).
|Multi Market Securities||Yes||Refer to the Multi-securities Guide.|
|Lending and borrowing||Yes|
Internal. Debt securities only.
ETF and Listed Managed Funds only.
|Liquidity Hub Connect|
|Sale and purchase of rights|
Internal Repo service for Bonds and Equities (refer to Cmax Product Guide).
External Repo service for Bonds (refer to Repo Trades in Austraclear under Settlement Services - Australia).
|Moment of entry of instructions|
The CHESS or Austraclear rules do not define the moment of entry within the meaning of the Settlement Finality Directive.
|Irrevocability of instructions|
Matched instructions are irrevocable and require bilateral cancellation.
|Finality of instructions|
Settlement is considered final once cash and securities are exchanged and a confirmation is received from the CSD.
The below section is based on the legal opinion obtained by CBL that was issued on 24 September 2021. The information is provided for guidance only and should not be considered in isolation or as constituting a complete or definitive legal advice on any specific matter.
No insolvency proceedings against the custodian
Liability for negligence
Book-entry regime with in rem rights
Book-entry regime is not provided by local laws but would be recognised if contractually agreed.
Recognition of nominee concept
No right of retention to the custodian
Confirmed, except when the custodian has liabilities over CBL for acting as its trustee.
Segregation of assets at the custodian
Confirmed, though the custodian could be dispensed from segregating assets in the case where it would be inappropriate for reasons of increased costs to account holders without materially increasing any risk. However, if the custodial property is not held separately, the custodian has a number of obligations including, among other things, having a written policy setting out reasons why that policy is appropriate and reviewing such policy, maintaining records, and performing reconciliation procedures.
No right of use
Local law does not prohibit the use of securities without consent.
No upper-tier attachments
Confirmed, though upper tier attachment is allowed only in limited circumstances (for example where the lower tier intermediary refuses, fails or is unable to initiate proceedings against the upper tier intermediary in respect of securities in which the account holder has a beneficial interest).
Insolvency of the Custodian with no impact on CBL's rights
Shortfall pro-rated among holders
|Record keeping period of at least 10 years|
Settlement finality in case of insolvency
Local law does not prescribe circumstances in which non-provisional transfers will be irrevocable and unconditional.