§ 628.35 Cleared transactions. ( a ) *General requirements* — ( 1 ) *Clearing member clients.* A System institution that is a clearing member client must use the methodologies described in paragraph (b) of this section to calculate risk-weighted assets for a cleared transaction.
( 2 ) [Reserved]
( b ) *Clearing member client System institutions* — ( 1 ) *Risk-weighted assets for cleared transactions.* ( i ) To determine the risk-weighted asset amount for a cleared transaction, a System institution that is a clearing member client must multiply the trade exposure amount for the cleared transaction, calculated in accordance with paragraph (b)(2) of this section, by the risk weight appropriate for the cleared transaction, determined in accordance with paragraph (b)(3) of this section.
( ii ) A clearing member client System institution's total risk-weighted assets for cleared transactions is the sum of the risk-weighted asset amounts for all its cleared transactions.
( 2 ) *Trade exposure amount.* ( i ) For a cleared transaction that is either a derivative contract or netting set of derivative contracts, the trade exposure amount equals: ( A ) The exposure amount for the derivative contract or netting set of derivative contracts, calculated using the current exposure method (CEM) for OTC derivative contracts under § 628.34; plus
( B ) The fair value of the collateral posted by the clearing member client System institution and held by the central counterparty (CCP), clearing member, or custodian in a manner that is not bankruptcy remote.
( ii ) For a cleared transaction that is a repo-style transaction, the trade exposure amount equals: ( A ) The exposure amount for the repo-style transaction calculated using the collateral haircut methodology under § 628.37(c); plus
( B ) The fair value of the collateral posted by the clearing member client System institution and held by the CCP or a clearing member in a manner that is not bankruptcy remote.
( 3 ) *Cleared transaction risk weights.* ( i ) For a cleared transaction with a qualifying CCP (QCCP), a clearing member client System institution must apply a risk weight of: ( A ) Two (2) percent if the collateral posted by the System institution to the QCCP or clearing member is subject to an arrangement that prevents any losses to the clearing member client System institution due to the joint default or a concurrent insolvency, liquidation, or receivership proceeding of the clearing member and any other clearing member clients of the clearing member; and the clearing member client System institution has conducted sufficient legal review to conclude with a well-founded basis (and maintains sufficient written documentation of that legal review) that in the event of a legal challenge (including one resulting from default or from liquidation, insolvency, or receivership proceeding) the relevant court and administrative authorities would find the arrangements to be legal, valid, binding and enforceable under the law of the relevant jurisdictions; or
( B ) Four (4) percent if the requirements of paragraph (b)(3)(i)(A) of this section are not met.
( ii ) For a cleared transaction with a CCP that is not a QCCP, a clearing member client System institution must apply the risk weight appropriate for the CCP according to § 628.32.
( 4 ) *Collateral.* ( i ) Notwithstanding any other requirements in this section, collateral posted by a clearing member client System institution that is held by a custodian (in its capacity as custodian) in a manner that is bankruptcy remote from the CCP, the custodian, clearing member and other clearing member clients of the clearing member, is not subject to a capital requirement under this section.
( ii ) A clearing member client System institution must calculate a risk-weighted asset amount for any collateral provided to a CCP, clearing member, or custodian in connection with a cleared transaction in accordance with the requirements under § 628.32.
( c ) - ( d ) [Reserved]