Market Link Guide - Portugal
The OneClearstream service level provides clients with a single point of access to all T2S markets with comprehensive instruments coverage. This is complemented by full harmonisation of asset services and connectivity channels between CBF, CBL and LuxCSD.
CBL and LuxCSD are using CBF as single gateway into T2S markets, allowing seamless transfer between CSD and ICSD counterparties.
This Market Link Guide represents Clearstream’s efforts to streamline our custody network and improve our asset servicing and collateral management services in the new T2S environment. The service description is valid for CBF, CBL and LuxCSD clients, unless otherwise highlighted in the documentation.
Key features
CSD link as defined under CSDRa | Yes | |
Type of link | For CBF clients | Direct linkb to Interbolsa |
For CBL clients | Direct linkb to Clearstream Banking AG, Frankfurt for holding Interbolsa/T2S eligible securities Indirect link via BNP Paribas S.A. to Interbolsa (All non T2S-eligible assets) Link to BNP Paribas S.A. for holding securities that are not eligible in T2S and in Interbolsa. | |
For LuxCSD clients | Direct linkb to Clearstream Banking AG, Frankfurt for holding Interbolsa/T2S eligible securities | |
a. CSD Regulation (EU) No 909/2014, Article 2(29).
b. Interoperable link for T2S-related aspects.
CSD | Custodian | Custodian | Asset Service Provider for CBF, CBL and LuxCSD Custodian in CBL | |
Name | Interbolsa | Clearstream Banking AG, | Clearstream Banking AG, | BNP Paribas S.A. |
FATCA GIIN | Not available | N1V1GJ.00002.ME.276 | N1V1GJ.00002.ME.276 | 1G159I.00269.BR.528 |
LEI | 529900LG70TCAGWCXT47 | 5493004PP58SUE3G8M27 | 5493004PP58SUE3G8M27 | R0MUWSFPU8MPRO8K5P83 |
Country of incorporation | Portugal | Germany | Germany | France |
Account Type | Omnibus account | Omnibus account | Omnibus account | Mirror omnibus account |
Legal Account name / holder | Clearstream Banking AG, | Clearstream Banking Luxemburg S.A. | LuxCSD S.A. | Clearstream Banking Luxemburg S.A. |
Operational arrangements
For CBF clients Yes/No | For CBL clients Yes/No | For LuxCSD clients Yes/No | Remarks | |
Settlement in T2S | Yes | Yes | Yes | |
Settlement free of payment | Yes | Yes | Yes | |
Settlement against payment | Yes | Yes | Yes (EUR only) | Eligible settlement currencies (between CBF and CBL counterparties only): AUD, CAD, CHFa, CNY, CZK, DKK, EUR, GBP, HKD, HUF, JPY, MXN, NOK, NZD, PLN, RUB, SEK, SGD, TRY, USD and ZAR. |
Settlement in central bank money | Yes | Yes. Against payment takes place on the DCA of CBL | Yes | CeBM in EUR only |
Settlement penalty fees | Yes | Yes | Yes | |
Partial settlement | Yes | Yes, but limited to receipt instructions | Yes | |
Bridge settlement | No | Yes | No | |
Hold and Release | Yes | Yes | Yes | Partial release available for CBF and LuxCSD |
Recycling | Yes | Yes | Yes | |
Bilateral cancellation | Yes | Yes | Yes | |
Allegements | Yes | Yes | Yes | |
Transaction Linking | Yes | Yes | Yes | |
Transaction Management | Yes | Yes | Yes | |
Multi Market Securities | No | Limited | No | |
Lending and borrowing | Yes | Yes | Yes | Debt securities only |
Proxy voting | Yes | Yes | Yes | |
Investment Funds | Yes | Yes | Yes | Interbolsa eligible Investment Funds only |
Sale and purchase of rights | No | No | No | |
Repo services | No | No | No | |
Market restrictions | Yes | Yes | Yes | According to Portuguese Decree Law 193/2005 and in order to allow the holding of Portuguese debt securities, clients must provide a Portuguese Debt Securities - One-time Declaration of Beneficial Ownership certifying that the final beneficial owners do not fall into the market-specific categories that are not entitled to exemption from Portuguese withholding tax. Note: Law 83/2013, which removed the restrictions on holdings by or on behalf of non-exempt beneficial owners at the ICSDs, remains applicable only to securities still falling under the previous wording of Decree Law 193/2005. |
FTT | No | No | No | |
Daily reconciliation | Yes | Yes | Yes | |
Link eligible for use in Eurosystem credit operations | No | No | No | |
Bilateral cancellation | Yes | Yes | Yes | |
Moment of entry | The moment of the entry into the system of settlement instructions occurs with the validation performed on the T2S platform, according to the T2S rules. | |||
Irrevocability | The moment of the irrevocability of settlement instructions introduced in the system and properly validated occurs with the matching performed in T2S. | |||
Settlement finality | The time of settlement finality occurs with the settlement processed in T2S. | |||
a. Settlement in CHF is possible only for non-Swiss securities and not against SIX SIS as counterparty in CBF.
Legal arrangements
The below section is valid on the date of the legal opinions that were issued and might be subject to change. 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.
For CBF clients (link to Interbolsa) | For CBL clients (link to CBF) | For LuxCSD clients (link to CBF) | |
Date of legal opinion | 30 June 2023 | 13 December 2021 | 6 December 2021 |
No insolvency proceedings against the the CSD | Confirmed | Confirmed | Confirmed |
Liability for negligence | Confirmed | Confirmed | Confirmed |
Book-entry regime with in rem rights | Confirmed | Confirmed | Confirmed |
No entitlement of the CSD | Confirmed | Confirmed | Confirmed |
Recognition as direct CSD account holder | Confirmed | Confirmed | Confirmed |
Recognition of nominee concept | Portuguese law recognises the nominee concept. However, it is debatable whether such nominee concept applies in such a way to allow final investors to be regarded for all legal purposes as the owners of the relevant securities. | Portuguese law recognises the nominee concept. However, it is debatable whether such nominee concept applies in such a way to allow final investors to be regarded for all legal purposes as the owners of the relevant securities. | Portuguese law recognises the nominee concept. However, it is debatable whether such nominee concept applies in such a way to allow final investors to be regarded for all legal purposes as the owners of the relevant securities. |
No right of retention for the CSD | Confirmed | Confirmed | Confirmed |
Segregation of assets at the CSD | Confirmed | Confirmed | Confirmed |
No right of use | Confirmed | Confirmed | Confirmed |
No upper-tier attachments | Confirmed | Confirmed | Confirmed |
Insolvency of CSD with no impact on rights | Confirmed | Confirmed | Confirmed |
Shortfall pro-rated among holders | Not applicable under Portuguese law in light of the Portuguese Framework. Because there are no securities held at the CSD level, any shortfall would be due to an error of registration, which will entail a correction of the relevant registry entry. | Not applicable under Portuguese law in light of the Portuguese Framework. Because there are no securities held at the CSD level, any shortfall would be due to an error of registration, which will entail a correction of the relevant registry entry. | Not applicable under Portuguese law in light of the Portuguese Framework. Because there are no securities held at the CSD level, any shortfall would be due to an error of registration, which will entail a correction of the relevant registry entry. |
Record keeping of at least ten years | Confirmed | Confirmed | Confirmed |
Settlement finality in case of insolvency | Confirmed | Confirmed | Confirmed |