from the FT: Eurex on Thursday night cleared the biggest hurdle yet in its attempt to set up a US futures exchange when shareholders in the clearing house it plans to use voted in favour of a recapitalisation. The plan by the world's largest derivatives exchange, owned by Deutsche Börse and SWX Swiss Exchange, is being bitterly opposed by the Chicago Board of Trade, which faces a challenge to its decades-long dominance of the US Treasury bond futures market because Eurex plans to offer the same range of products. It and the Chicago Mercantile Exchange are being sued by Eurex, which claims they had illegally sought to prevent the entry into the US of a foreign competitor by offering "financial inducements" to encourage a "no" vote. Rudi Ferscha, Eurex chief executive, said the outcome of the vote on Thursday meant Eurex had "reached an extremely crucial milestone". "The market has voted with its feet. There was very broad support from a range of different customer groups and this is particularly important for us because if there's broad support it indicates wide interest in our exchange model," he told the FT. The vote involved 87 shareholders in The Clearing Corporation, which will sever ties with the CBOT to act as clearer for Eurex instead. A clearing house stands between two parties to a trade and guarantees against default. The vote was won by 50 votes to 34, with the rest abstaining. The vote had seemed finely balanced between smaller shareholders - many of them floor traders on the CBOT - and large brokerages that mostly support the entry of Eurex into the US. Eurex officials had spent the past four days in Chicago - where the new US exchange will be based - lobbying shareholders. Huw van Steenis, an analyst at Morgan Stanley in London, said: "I think this [vote] is improves the odds of Eurex's success. It means there is a groundswell of support from the brokerage community despite the best efforts of the Chicago exchanges to put obstacles in their way." The recapitalisation allows The Clearing Corporation to separate a "guarantee fund" - used to protect against any trade defaults - from the shares currently held in the corporation by shareholders. It also allowed Eurex on Thursday night to invest $15m in The Clearing Corporation and assume one seat on the corporation's board. Eurex was hit by a technical problem on Thursday that delayed the start of trade by several hours. Frankfurt-based Eurex, said: "The reason was a software problem that developed following the interaction with a third-party software. By 12.35pm all affected customers were able to reconnect. Trading was fair and orderly from the start of trading."
Eurex welcomes approval of The Clearing Corporation Ferscha: Market has voted for choice, innovation and enhanced services Path clear for Eurex and The Clearing Corporation equity partnership Frankfurt/Main, 24 Oct 2003 Following approval by shareholders of The Clearing Corporation of a corporate restructuring plan, Eurex, the world's largest derivatives exchange, welcomed the outcome of the vote that clears the way for The Clearing Corporation to clear trades for its U.S.-regulated and U.S.-based exchange, Eurex US. The Clearing Corporation shareholders overwhelmingly approved the corporate and capital alignment of the company that will establish a new Guaranty Fund and separate ownership in the company from access to the clearing organization. "Today the market has voted for choice, innovation and enhanced services," said Rudolf Ferscha, CEO of Eurex. "Our partnership with The Clearing Corporation will give the U.S. market access to a global range of products. This deal is a crucial milestone in the forging of our partnership with the participants in the U.S. financial markets." http://www.eurexchange.com/about/company_info/press_releases/news_pressreleases_283.html
Eurex US and National Futures Association sign agreement Eurex to obtain regulatory services from leading U.S. provider/ Eurex US to be governed by 12-member Board of Directors Eurex US today announced it has signed a Regulatory Services Agreement with the National Futures Association (NFA). Under the terms of the agreement, the NFA will perform market surveillance and trade practice surveillance for Eurex US. The initial term of the agreement is three years, with automatic one year renewals. The NFA is an independent, non-profit organization and currently provides regulatory services for two U.S. exchanges. "With our Regulatory Services Agreement with the NFA, Eurex is partnering with the leading U.S. provider of regulatory services. The NFA is Eurex US' preferred choice to conduct market surveillance and trade practice surveillance to ensure that its customers are protected and that trading on the exchange is fair and orderly at all times," said Rudolf Ferscha, CEO of Eurex. "Eurex US believes that a strong regulatory program will protect customers and market participants alike." Market surveillance ensures that futures markets are free from manipulative trading, price distortions or market congestions. Trade practice surveillance monitors that customer orders are being treated fairly and all members are following exchange trading rules. In addition, the NFA will assist Eurex US in performing both background checks on potential members and financial and disciplinary checks on a continued basis, ensuring that members meet the appropriate eligibility standards. In addition, Eurex US announced further details of its governance structure. The Eurex US Board of Directors will have 12 directors, with at least six representing a cross section of the U.S futures industry. Eurex expects that a majority of the Directors will be United States citizens or located in the United States. "This governance model ensures that a cross section of U.S. market participants - such as futures commission merchants, arbitrage firms and proprietary traders, institutional investors and independent clearers ? are included in the decision making process," said Ferscha.