TREE NEWS update: The U.S. Commodity Futures Trading Commission’s Division of Clearing and Risk issued a no-action letter permitting derivatives clearing organizations (DCOs) to use trust companies for routine settlement with clearing members, provided the trust companies are treated as settlement banks under applicable CFTC requirements. The relief, announced Nov. 6, clarifies how DCOs may conduct daily settlement through trust institutions.
CFTC Allows Derivatives Clearing Organizations to Settle Daily With Trust Companies
The practical effect is narrow but structural: it gives DCOs a formally sanctioned path to settle daily obligations through trust companies rather than only traditional settlement banks, which matters most to smaller clearing members and to trust institutions seeking a foothold in clearing flows. Because the relief is conditioned on treating those trust companies as settlement banks under existing CFTC requirements, it extends the current framework rather than creating a parallel one. The open question is whether DCOs actually route routine settlement through trust companies now that the path is clarified, and whether the no-action approach hardens into something more permanent.
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