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Porting meaning

What does Porting mean?
Porting is the process by which an end-user keeps an existing telephone number when switching to a new communications provider, covering mobile, fixed-line and non-geographic numbers. In legal and regulatory practice it is commonly called number portability and is mandated: in the UK by Ofcom’s General Conditions (notably GC C7) made under the Communications Act 2003, and in Ireland by ComReg’s regime implementing the European Electronic Communications Code. Usage and core rights are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. Key legal features include: an end-user right to port; obligations on donor and recipient providers to enable porting on fair and reasonable terms and within prescribed time limits (for mobile, typically one working day in the UK); and limited refusal grounds (for example, failed identity or security checks). Outstanding debt is not a lawful basis to block porting, although early termination charges under the existing contract may still be payable. In practice, porting relies on customer authorisation and unique codes (for UK mobile, a PAC, including via Text to Switch), and is subject to anti-slamming and fraud-prevention rules. Porting issues commonly arise in telecoms contracts, M&A due diligence on number ranges, disputes, and regulatory enforcement.
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View the related Practice Notes about Porting

PRACTICE NOTES
UK CASS 7A client money distribution and transfer: primary/secondary pooling events, SAR/IBSA interaction, CCP porting, Brexit (UK EMIR, TTP/TPR, FSCR), and Dormant Assets Act 2022 updates

Application and purpose of the client money distribution and transfer rules The client money distribution framework was overhauled on 1 January 2013 to meet the requirements of articles 39 and 48 of the EU European Market Infrastructure Regulation (Regulation (EU) No 648/2012, OJ L 201, 27.7.2012) (EU EMIR). Following the UK’s departure from the EU, this legislation was kept as the retained European Market Infrastructure Regulation (UK EMIR) (see Impact of Brexit on CASS and the FCA’s powers and requirements below). Subsequent modifications were introduced in July 2013 through policy statement PS14/9: Review of the client assets regime for investment business, implementing consequential revisions to the client money distribution provisions prompted by the extensive range of proposed amendments to the client money rules set out in PS14/9. Material further changes were made in July 2017 via policy statement PS17/18: CASS 7A and the special administration regime review. For further detail on these developments, see Changes to speed up the return of client money on insolvency...

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PRACTICE NOTES
Indirect Clearing of ETDs and OTC Derivatives: UK EMIR and UK MiFIR Requirements, RTS, Segregation Options, Porting, Leapfrog Payments and Client Asset Protections

What is clearing of derivatives? Clearing is the mechanism that removes the usual danger, in practice, that one side to a derivatives deal will fail to perform (counterparty risk). The main participants involved in the clearing process are: a financial institution called a clearing house, and other financial institutions, typically banks or brokers, that enter into a clearing agreement with the clearing house—these institutions are indeed known as clearing members of the clearing house, or simply clearing firms within this framework In cleared transactions: the following applies: every trade is undertaken by clearing members, who may do so for their own accounts or for the accounts of their clients, and the clearing house inserts itself between the clearing members that entered into the trade, becoming a party to each transaction—each participant is therefore exposed to the risk of the clearing house, not to the risk of the other party Clearing members do not need...

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PRACTICE NOTES
EU regulation of indirect clearing of ETDs and OTC derivatives: EMIR/MiFIR RTS, client asset segregation, porting and EU CRR leverage ratio

What is clearing of derivatives? Clearing is the mechanism that removes the usual danger that one side of a derivatives deal fails to perform (counterparty risk). The key participants in the clearing process are: a specialist financial institution called a clearing house; and other financial institutions—typically banks or brokers—that sign a clearing agreement with the clearing house; these are its clearing members, also referred to as clearing firms In cleared transactions: every trade is executed by clearing members, either for their proprietary books or on behalf of clients; and the clearing house inserts itself between the clearing members to each deal, becoming counterparty to both sides—so each participant bears the clearing house’s credit risk, not that of the opposite side Clearing members therefore need not concern themselves with who their clearing member opposite numbers are, or their credit quality, but only with the credit standing of the clearing house. The clearing house, on the other...

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