The Commodity Futures Trading Commission (CFTC) Requirements. Some of the Disclosures below relate to the requirements of Commodity Futures Trading Commission External Business Conduct rules. The General Disclosure Statement and each of the Annexes (together, the “ISDA DF Disclosure”) contain standard form disclosures intended to relate primarily to the requirements of Rules 23.431, 23.450(g) and 23.605(e) of the Commodity Futures Trading Commission. Persons that intend to use the ISDA DF Disclosure in connection with such or other regulatory requirements should consult legal counsel and risk personnel regarding the appropriateness of the ISDA DF Disclosure for them, their counterparties and their transactions. Each user should consider how any additional disclosure that it may choose to make will relate to the ISDA DF Disclosure.
CFTC Disclosure Documents
The European Market Infrastructure Regulation (EMIR) Requirements. The Article 39(7) Disclosure Documents facilitate compliance with certain obligations under Article 39(7) of EMIR where clearing members are providing services that involve clearing derivatives through an EU CCP. The document has been made available to allow clearing members to use it in its current form; however, the document may be subject to change. See further EMIR documentation here.
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The Securities Financing Transactions Regulation (SFTR) Requirements. The SFTR Information Statement is a template disclosure document for use by market participants to inform their counterparties of the general risks and consequences that may be involved in consenting to a right of use of collateral provided under a security collateral arrangement or of concluding a title transfer collateral arrangement. Market participants can tailor the statement to suit their own specific circumstances. The document has been drawn up in response to the SFTR, which come into force from July 13, 2016 and will affect all existing and future title transfer and security collateral arrangements under a variety of financial agreements.
Click here to view/download SFTR Information Statement DOC - published May 13, 2016
Previous versions and blacklines:
Click here to view/download SFTR Information Statement blackline PDF - blackline of version published May 13, 2016 against version published April 13, 2016
Click here to view/download SFTR Information Statement DOC - published April 13, 2016