Define: Clearing

Clearing
Clearing
Quick Summary of Clearing

Clearing is the process in which banks exchange checks and ensure that all accounts are balanced, similar to ensuring that all debts are paid and credits received. In maritime law, clearing signifies that a ship has complied with all regulations before departing from port, including customs and health checks, akin to obtaining permission to leave. In movie theaters, clearing indicates that a movie can only be shown once in a specific area within a certain timeframe, allowing each theater the opportunity to exclusively showcase the movie.

Full Definition Of Clearing

Clearing is a process that occurs in both banking and maritime law. In banking, it involves the exchange of checks and the balancing of accounts to ensure that funds are available and that the check is valid before it is credited to an account. Similarly, in maritime law, clearing refers to the process a ship must go through before it can depart from port. This process involves complying with customs, health laws, and other regulations to ensure the ship’s safety and adherence to the law. Clearing serves as a way to prevent fraud in banking and to ensure compliance and safety in maritime law.

Clearing FAQ'S

Clearing refers to the process of settling financial transactions, particularly in the context of securities trading. It involves the transfer of ownership of securities and the settlement of funds between the buyer and seller.

Clearing is necessary to ensure the smooth and efficient functioning of financial markets. It helps mitigate counterparty risk by guaranteeing the completion of transactions and the delivery of securities and funds.

Clearing is typically performed by clearinghouses or central counterparties (CCPs). These entities act as intermediaries between buyers and sellers, ensuring the completion of trades and managing the associated risks.

Clearing reduces risk by acting as a central counterparty to all trades. It becomes the buyer to every seller and the seller to every buyer, effectively guaranteeing the completion of transactions even if one party defaults.

A clearinghouse acts as a central entity that facilitates the clearing process. It verifies the trade details, calculates obligations, and ensures the delivery of securities and funds. It also manages margin requirements and risk management procedures.

Not all trades are cleared through a clearinghouse. Some over-the-counter (OTC) trades may be bilaterally cleared between the parties involved. However, clearing through a central counterparty is increasingly common to enhance market stability.

While clearinghouses are designed to minimize the risk of failure, they are not immune to it. In extreme cases, such as a significant market disruption or a systemic crisis, a clearinghouse may face challenges. However, they have robust risk management measures in place to mitigate such risks.

If a clearinghouse fails, it can have severe consequences for the financial markets. However, most clearinghouses have contingency plans in place to ensure an orderly wind-down or transfer of their functions to another entity, minimizing disruption.

Clearing fees are typically determined by the clearinghouse and may vary depending on the type of transaction, volume, and other factors. Market participants usually pay these fees to cover the costs associated with clearing services.

Individuals or small investors typically do not directly access clearing services. Instead, they rely on brokerage firms or financial institutions that have access to clearinghouses. These intermediaries handle the clearing process on behalf of their clients.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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