Counterparty
In simple terms a counterparty is one side of a trade, for example the counterparty to a seller is the buyer. A counter party can be an individual, a business, or an organisation such as even a government, and carries associated counterparty risks, normally financial and associated with the other party not performing or fulfilling their side of a transaction.
In modern financing a counterparty may not actually be known as the counterparty as risk has been mitigated to a clearing firm, central counterparties or a central counterparty clearing house (CCP). These organisations are normally financial institutions that are registered and regulated for the sole purpose of taking on counterparty credit risk between different parties in a transaction. They help facilitate derivatives and equities trading, providing clearing and settlement services for trades in foreign exchange, securities, options, and derivative contracts. As development and construction projects often involve high financial risks both the term counterparty and clearing house are relevant.
Within the European Union there is a Central Counterparties (CCPs) list of institutions who have been authorised to offer services and activities in accordance with Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (EMIR).
When the UK left the European Union, The European Union (Withdrawal) Act 2018 (EUWA) repealed the European Communities Act 1972 and converted into UK domestic law the existing body of directly applicable EU law. The purpose of the EUWA being to provide a functioning statute book directly after leaving the EU. Specific guidance on these matters in included in the Government The Investment Exchanges, Clearing Houses and Central Securities Depositories (Amendment) (EU Exit) Regulations 2018. The EUWA gives Ministers powers to make Statutory Instruments (SIs) to prevent, remedy or mitigate any failure of EU law to operate effectively, or any other deficiency in retained EU law, contingency preparations for financial services legislation are referred to as ‘onshoring’.
[edit] Related articles on Designing Buildings
- Breach of contract
- Brexit - the case for infrastructure.
- Collateral warranty.
- Construction contract.
- Contracts for Difference.
- Contract law.
- Contract v tort.
- Contracts under seal v under hand.
- Disputes.
- Letter of intent.
- Overcoming the challenges of Brexit.
- Privity of contract.
- Rights of third parties.
- The SME's updated guide to Brexit.
- What does Brexit mean for construction?
Featured articles and news
Costs and insolvencies mount for SMEs, despite growth
Construction sector under insolvency and wage bill pressure in part linked to National Insurance, says report.
The place for vitrified clay pipes in modern infrastructure
Why vitrified clay pipes are reclaiming their role in built projects.
Research by construction PR consultancy LMC published.
Roles and responsibilities of domestic clients
ACA Safety in Construction guide for domestic clients.
Fire door compliance in UK commercial buildings
Architect and manufacturer gives their low down.
Plumbing and heating for sustainability in new properties
Technical Engineer runs through changes in regulations, innovations in materials, and product systems.
Awareness of the Carbon Border Adjustment Mechanism
What CBAM is and what to do about it.
The new towns and strategic environmental assessments
12 locations of the New Towns Taskforce reduced to 7 within the new towns draft programme and open consultation.
Buildings that changed the future of architecture. Book review.
The Sustainability Pathfinder© Handbook
Built environment agency launches free Pathfinder© tool to help businesses progress sustainability strategies.
Government outcome to the late payment consultation, ECA reacts.
IHBC 2025 Gus Astley Student Award winners
Work on the role of hewing in UK historic conservation a win for Jack Parker of Oxford Brookes University.
Future Homes Building Standards and plug-in solar
Parts F and L amendments, the availability of solar panels and industry responses.
How later living housing can help solve the housing crisis
Unlocking homes, unlocking lives.
Preparing safety case reports for HRBs under the BSA
A new practical guide to preparing structural inputs for safety cases and safety case reports published by IStructE.
Male construction workers and prostate cancer
CIOB and Prostate Cancer UK encourage awareness of prostate cancer risks, and what to do about it.





















