In a Russian clearing organisation bankruptcy, confirm regulatory and corporate status first, then separate its own property from clearing collateral and participant obligations. A clearing organisation, clearing participant, central counterparty, settlement organisation and trading venue are not automatically the same person. Exact roles determine accounts, collateral, netting, unfinished settlement and special rules.
Do not merge roles
The clearing operator need not be the transaction participant or central counterparty.
Collateral requires separation
Margin, security and the clearing pool require asset-level identification.
Start with clearing rules
They define positions, default procedures and use of collateral.
Quick self-check
- Licence, Bank of Russia register details and corporate records are collected.
- Clearing organisation, central counterparty, settlement organisation and participants are mapped.
- Clearing rules, contracts, position reports and collateral calls are preserved.
- Debtor funds, clearing collateral and settlement money are separated.
- Unfinished obligations, netting and default events are fixed at the control time.
Identify Regulatory Roles
Review Bank of Russia registers, the licence, clearing rules and contractual structure. A term in the company name does not prove its role in a particular settlement. Identify any central counterparty and the organisation conducting cash settlement separately.
Clearing Pool and Collateral
Securities, cash, margin and other collateral are identified by owner, purpose, account and clearing rules. Possession by the clearing organisation does not automatically make an asset unrestricted debtor property in the ordinary estate.
Netting and Unfinished Obligations
Preserve pre- and post-netting positions, default notices, variation-margin calculations and termination records at the control time. A final balance cannot be reconstructed from one bank statement alone.
Accounts, Records and Asset Return
Reconcile bank and trading accounts, internal ledgers, custody records and participant statements. A proprietary return claim differs from a monetary claim for a calculated balance.
- fix the control time;
- export positions;
- reconcile collateral;
- calculate netting under the rules;
- select the claim form.
Special Insolvency Rules
Do not automatically treat every clearing organisation as an ordinary company or apply one special regime to all. Review financial-organisation status, central-counterparty functions, licence, regulator participation and the current Federal Law No. 127-FZ.
| Item | Key question | Evidence |
|---|---|---|
| Own cash | Does it belong to debtor | Accounts and bank |
| Clearing collateral | Whose and for which position | Ledger and rules |
| Margin call | How calculated | Position report |
| Unfinished trade | What occurred at default | Notices and journal |
| Final balance | Is netting available | Rules and calculation |
Frequently Asked Questions
Are the clearing organisation and central counterparty the same?
Not necessarily. Roles and permitted combinations require licence, register and rule review.
Does all collateral enter the estate?
No automatic conclusion applies. Ownership, purpose, records and special rules must be established.
Can a gross claim be filed before netting?
The claim depends on the legally available termination and calculation method under clearing rules.
Is a bank statement enough?
No. Position reports, ledgers, collateral, notices and the calculation formula are also needed.
Who confirms regulatory status?
Licence and register details should be checked in official Bank of Russia records.
Legal Sources
- Federal Law No. 127-FZ.
- 2026 Amendments to Federal Law No. 127-FZ.
- Federal Law No. 7-FZ on Clearing.
- Bank of Russia Registers.
- Federal Bankruptcy Register.
Related guides: debtor accounts in liquidation, broker bankruptcy and credit institution bankruptcy.
Need to Classify Collateral or Settlement?
We can map roles, positions, collateral, netting and claim evidence under official rules.
BOOK AN INITIAL CONSULTATIONGeneral information as at 28 August 2026. Treatment depends on licence, organisational role, clearing rules, collateral and control time.