Market Link Guide ‒ Croatia

17.07.2024

Key features

CSD link as defined under CSDRa

Yes

Type of link

For CBL clients

Direct operated link to CDCC via Erste Group Bank Vienna and Erste & Steiermärkische d.d. Zagreb

For CBF clients

Direct link to Clearstream Banking S.A., Luxembourg, for holding Croatia T2S-eligible securities

For LuxCSD clients


Direct link to Clearstream Banking AG, Frankfurt, for holding Croatian T2S-eligible securities

  1. CSD Regulation (EU) No 909/2014 art. 2 (29)

CSD 
(as CBL's depository)

Custodian 
(as CBF's depository)

Custodian
(as LuxCSD's depository)

Account operator for CBL

Name

Central Depository & Clearing Company Inc. (CDCC)

Clearstream Banking S.A., Luxembourg

Clearstream Banking AG, 
Frankfurt

Erste Group Bank AG Vienna

Erste & Steiermärkische d.d. Zagreb

FATCA GIIN

Not available

N1V1GJ.00000.LE.442

N1V1GJ.00002.ME.276

L99T2F.00000.LE.040

L99T2F.00032.ME.191

LEI

747800V0CCQGC89GOW91

549300OL514RA0SXJJ44

549300298FD7AS4PPU70

PQOH26KWDF7CG10L6792

549300A2F46GR0UOM390

Country of incorporation

Croatia

Luxembourg

Germany

Account Operator: Austria

Sub- Account Operator: Croatia

Account type

Omnibus account

Omnibus account

Omnibus account

Custodian: Omnibus account

Account Operators: Omnibus account

Legal Account name / holder

Clearstream Banking SA

Clearstream Banking AG

LuxCSD S.A.

Clearstream Banking SA

Operational arrangements

For CBL clients

For CBF clients

For LuxCSD clients

Remarks

Yes/No

Yes/No

Yes/No

Settlement in T2S

Yes

Yes

Yes

For CBF and LuxCSD clients, the cross-CSD settlement with Euroclear is not possible.

Settlement free of payment

Yes

Yes

Yes


Settlement against payment

Yes

Yes

No


Settlement against payment in central bank money account of CBL/CBL customers

No

Yes

Yes

Bridge settlement

No

No

No


Shaping facility

No

No

No


Partial settlement

No

No

 No


Settlement penalty fees

Yes

No

No

Failing to meet cash obligations to the CDCC (SELL OUT): Not available.

Failing to meet the obligation to deliver securities to the CDCC (BUY IN):

  • If the member fails to deliver securities by the beginning of first batch of contractual settlement daily cycle  on the intended settlement date (08:30 CET on SD),  the CDCC will initiate buy-in procedure. Every day the CDCC will automatically charge a penalty fee.
  • If the member fails to deliver securities before the initiation of the first batch of contractual settlement daily cycle on the third working day following the intended settlement date (08:30 CET on S+3), the CDCC will suspend the member and buy-in the securities.

Pre-matching

Yes

Yes

Yes

Back-to-back processing

Yes

Yes

Yes


Allegements

Yes

Yes

Yes


Automatic compensation

No

No

No


Registered securities

No

No

No


Multi Market Securities

No

No

No


Lending and borrowing

No

No

No


Proxy voting

No

No

No


Investment Funds

Yes

Yes

Yes


Liquidity Hub Connect

No

No

No


Sale and purchase of rights

No

No

No

In Croatia the market practice of right trading does not exist.

Repo services

No

No

No


Market restrictions

No

No

No


FTT

No

No

No


Daily reconciliation

Yes

Yes

Yes


Link eligible for use in Eurosystem credit operations

Yes

Yes

Yes


Moment of entry of instructions

Settlement instructions that are directly entered into the CDCC system by the participants are considered to have been accepted in the system at the time of approval.

Irrevocability of instructions

The moment of irrevocability of settlement instruction (transfer order) to be settled in the CDCC system will be at “matching” of those transfer orders. Participant members are allowed to cancel settlement instructions unilaterally prior to matching. After this moment, CDCC shall allow only bilateral cancellations for matched instructions

Finality of instructions

The moment of finality of settlement instruction will be the moment of the processing of the settlement. Against payment settlement instructions are settled in the CDCC system at the time of transfer of securities to the securities account and the creation of a payment order on the relevant cash account. Settlement instructions free of payment are settled at the time of transfer of securities to the securities account.

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 CBL clients

For CBF clients

For LuxCSD clients

2 April 2024

5 October 2023

10 October 2023

No insolvency proceedings against the custodian

Confirmed

Confirmed

Confirmed

Liability for negligence of the custodian

Confirmed

Confirmed

Confirmed

Book-entry regime with in rem rights

Confirmed

Confirmed

Confirmed

No entitlement of the account operator/CSD  

Confirmed

Confirmed

Confirmed

Recognition as direct CSD account holder

Confirmed

Confirmed

Confirmed

Recognition of nominee concept

Confirmed

Confirmed

Confirmed

No right of retention to the account operator/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 the CSD with no impact on CBL's rights 

Confirmed

Confirmed

Confirmed

Shortfall pro-rated among holders

There are no clear provisions regulating shortfall under Croatian law. It is however expected that the shortfall would be pro-rated among holders.

Confirmed

Confirmed

Record keeping for a period of at least 10 years

Confirmed

Confirmed

Confirmed

Settlement finality in case of insolvency

Confirmed

Confirmed

Confirmed