This paper looks at non-default losses (NDL) at CCPs and covers who should pay for what types of these losses. The paper also analyses resolution tools for non-default losses and demonstrates each of these tools on the balance sheet of a simplified CCP.
The guiding principle for allocating NDL should be who manages the risk. In line with this principle we propose for the allocation of NDL:
- In order to properly incentivise CCPs to exercise prudent risk management, CCPs and their shareholders should bear almost all NDL, in particular the entire non-default losses related to risks that are exclusively within their control. That is, CCPs should bear all NDL related to:
• operational risks.
• general business risks.
• legal risks.
• cyber risks.
• fraud (or other internal ‘bad acts’). - In some instances, clearing members and their clients may bear at least a portion of NDL related to custodial risks, settlement bank risks and investment risks. These instances are described in more detail below.
For NDL that a CCP bears itself, the CCP’s parent company and/or equity holders should bear the remaining losses in the event that a CCP’s capital or other dedicated funding is insufficient.
None of the resolution tools we analysed (cash calls, bridge CCP, write-down-and-conversion tool, variation margin gains haircutting) will provide outcomes in line with the no-creditor-worse safeguard, other than the write-down-and-conversion tool, which is very complex and might not always work if initial margin is safeguarded. None of these tools are necessary if CCP equity is sized correctly.
Documents (1) for CCP Non-Default Losses
Latest
ISDA Publishes SPS Matrix Version 1.02
On December 19, 2025, ISDA published an updated version (v1.02) of the ISDA Digital Asset Derivative Definitions Settlement Price Source Matrix (‘SPS Matrix”). The SPS Matrix contains a list of Settlement Price Sources (SPSs) and related terms that parties can...
From Milestone to Modernization
We’re coming to the end of an exceptionally busy year at ISDA, in which we celebrated our 40th anniversary and doubled down on our enduring commitment to safe and efficient derivatives markets. Reflecting on ISDA’s achievements since 1985, it’s clear...
Response on ASIC Derivative Transaction Rules
On December 3, ISDA submitted a response to the Australian Securities and Investments Commission (ASIC) consultation on the remake of the ASIC Derivative Transaction Rules (Clearing) 2015, which are due to sunset on April 1, 2026. ASIC proposed to remake...
IRD Trading Activity Q3 2025
This report analyzes interest rate derivatives (IRD) trading activity reported in Europe. The analysis is based on transactions publicly reported by 30 European approved publication arrangements (APAs) and trading venues (TVs). Key highlights for the third quarter of 2025 include:...
